The purpose of this document is to set out the terms and conditions of your participation in the Xero Next Gen Practice Insiders Program (Program) and associated Xero beta trials.
We want to say a huge thank you for participating in the Program, and we look forward to launching exciting new capabilities with your help. If you have questions at any time during your participation in the Program, please reach out to us as we’re more than happy to help.
Our Terms and Conditions
These terms and conditions (Terms) are intended to explain your participation in the Program and any invitation to trial new Xero product integration features, as may be notified to you from time to time, (each a Beta Trial) between you and Xero Limited (referred to as “Xero”, “we”, “our” or “us”). Please read them carefully.
By participating in the Program and any Beta Trial, you acknowledge that you have read and understood these Terms and have the authority to act on behalf of any person for whom you are participating in the Program and any Beta Trial.
You are deemed to have agreed to these Terms on behalf of any entity for whom you are participating in the Program and any Beta Trial.
A Beta Trial may include new products or product features that are in early stage development, or early release of new products or product features that are almost ready for commercial release. Details of each Beta Trial product or product feature will be provided to you at the time you are invited to participate in a Beta Trial.
Xero reserves the right to change these Terms (including any schedules) at any time, effective upon us communicating those changes to you via email.
2. Participation in the Program
In order to participate in the Program, you must be:
(a) an accountant or bookkeeper; and
(b) a Xero partner.
3. Access to Beta Technology
During the Program you may be invited by Xero to take part in one (1) or more Beta Trial(s). These terms apply individually for each Beta Trial you take part in. Any invitation to participate in a Beta Trial will be sent via email or other electronic message from a Xero team member.
In consideration of your participation in a Beta Trial, we will provide you with access to technology which is still in its testing phase (the Beta Technology). Unless we tell you otherwise, access will be provided for up to three (3) months (the Testing Period).
These Terms are binding on the use of any Beta Technology and apply to you from the time that Xero provides you with access to any Beta Technology.
4. Commercial Arrangements
You will not have to pay any amount to us for participating in a Beta Trial. However, if the Beta Technology moves out of beta phase and is released commercially, you may be required to pay for use of the final commercial product.
5. Your Obligations
By participating in a Beta Trial, you agree to:
(a) use any Beta Technology only in the way requested by Xero and not for any other purpose or use;
(b) comply with any additional technical requirements that may be requested by Xero in order for the Beta Technology to operate fully;
(c) provide written or oral feedback and responses to questions asked by Xero from time to time regarding any Beta Technology; and
(d) be responsible for the accuracy, quality and legality of any data that you transmit via any Beta Technology.
6. The Beta Technology
(a) any Beta Technology is a beta release offering and is not at the level of performance of a commercially available product offering; and
(b) any Beta Technology might not operate correctly and might be substantially modified during the Testing Period or prior to first commercial release, or at Xero’s option might not be released commercially in the future.
7. No Warranties
To the maximum extent permitted by law, Xero gives no warranty about any Beta Technology. Without limiting the previous sentence, the Beta Technology is provided “as is” and Xero does not warrant that any Beta Technology will meet your requirements or be suitable for any particular purpose.
Xero’s maximum cumulative liability for any loss, liability, claim, damage, cost or expense, or cause of action including for negligence arising in connection with these Terms or your use of any Beta Technology, is limited to NZD $1,000.00.
Xero will not be liable for any indirect, special, incidental or consequential damages of any kind (regardless of the form of action, whether in contract, tort, or otherwise), even if it has been advised of the possibility of such damages.
As part of your participation in a Beta Trial, Xero might provide information to you which is confidential. This includes all information provided by Xero to you that is marked or otherwise identified as “confidential” (whether orally or in writing) or that you should reasonably understand to be confidential in the circumstances (including, but not limited to, data, intellectual or other properties, products and services, business, operations, strategies, information regarding technology, know-how, processes, software programs, research, development and financial information) (Confidential Information).
You can use Confidential Information only for the purpose of trialling any Beta Technology under these Terms. You are not allowed to disclose any Confidential Information to any person, except:
(a) with the prior consent of Xero; or
(b) if the Confidential Information is generally and publicly available other than as a result of a breach of confidence by you.
You agree that:
(a) nothing contained in these Terms will be construed as granting ownership rights to you in relation to any Confidential Information disclosed under these Terms;
(b) if requested by Xero, you will return or destroy any Confidential Information disclosed under these Terms; and
(c) you will not make any public comment about any Beta Technology or these Terms, including on social media.
10. Intellectual Property Rights
Xero retains ownership of intellectual property rights in any Beta Technology, any website of Xero, and all documentation and materials relating to any Beta Technology.
These Terms are governed by the laws of New Zealand.