1. Terms and Conditions

1.1. This agreement is between Vention Lab Ltd (Vention Lab) and you as User (you/your).

1.2. This agreement covers the use of BenchMarker website, software and mobile applications and information transmitted across the BenchMarker network (Service).

2. Definitions

2.1. The Service is made available to you by methods including a website and optionally a mobile application (Application).

2.2. Data refers to direct measurements and derived information that is transmitted, stored or processed over the BenchMarker network.

2.3. Subscription is a fee and/or Licence for use of the BenchMarker Service.

3. Online Service

3.1. You may use the BenchMarker Service with your physical BenchMarker product. To use the Service you may access the BenchMarker website or download the BenchMarker app from either the browser App, App Store® (for Apple® devices) or the Google Play Store (for Android™ mobile devices).

3.2. Features supplied include presentation of Data to inform you.

4. Payment for the Service

4.1. Vention Lab charges a fee for use of the Service and the Subscription is renewed automatically unless cancelled by the User. The Subscription is sold for the advertised prices at the time of your purchase.

4.2. If you do not pay an applicable Subscription in full by the due date we may suspend your use of the BenchMarker Service and/or terminate this agreement.

4.3. You will be liable for any costs incurred in collecting overdue money owing to Vention Lab by you (including bank fees, credit agency fees and legal and court costs) or in exercising Vention Lab's other legal rights as a result of a breach of this agreement by you.

5. Ceasing or cancelling the service

5.1. If you decide to stop or cancel the Service because of Vention Lab’s breach of this agreement; or Vention Lab decides to stop or cancel the supply of the physical product to you in case such a supply is relevant in your use of the Service, then this agreement will automatically be terminated.

5.2. In addition to your rights set out in clause 5.1 you may decide to stop or cancel the Service by electing to cease to use the Service in which case the agreement will automatically be terminated at the end of the current relevant Subscription period.

5.3. Termination

5.3.1. You may terminate this agreement at any time by giving at least 10 business days’ written notice to Vention Lab.

5.3.2. Vention Lab may terminate this agreement at any time by giving at least 10 business days’ written notice to you.

6. License to use

6.1. All Intellectual Property in the BenchMarker Service belongs to Vention Lab.

6.2. The BenchMarker physical product is owned or rented by you as User and the costs related to the physical product are not part of the Subscription referred to in clauses 2,4 and 5.

6.3. The Benchmarker physical product may only be used on the BenchMarker network.

6.4. By use of BenchMarker Service the User agrees to not conduct an illegal activity, harassment, or impersonation that would interfere with the Service or others using the Service.

7. Vention Lab will make use of the Data

7.1. Vention Lab may ask you to provide it with some personal information which Vention Lab may use for a number of purposes, including delivery, Installation, confirming your identity, credit checks, debt collection. In addition, Vention Lab will collect information transmitted by the physical product at your place/s of installation.

7.2. You authorise Vention Lab to:

7.2.1. contact and/or provide information to third parties in order to confirm your identity.

7.2.2. request information from other relevant third parties, as required under Vention Lab’s standard credit criteria;

7.2.3. analyse and collate the data collected from the physical product for the purpose of providing the Online Service and Vention Lab’s services to you;

7.2.4. use non-identifiable data collected via the physical product for the purpose of aggregation and sharing of anonymised data with customers using the Online Service.

7.3. Any personal information you provide or is lawfully received by Vention Lab from third parties is strictly confidential and will be kept secure and held in accordance with our Privacy Policy (available at www.benchmarker.nz) and the Privacy Act 1993. Your privacy matters to us. You can learn how we handle your information when you use our Service by reading the Privacy Policy. We encourage you to read the Privacy Policy because by using the Service, you agree that Vention Lab can collect, use, and share your information consistent with that policy.

8. Liability

8.1. You have rights and protections under the Consumer Guarantees Act 1993 and Fair- Trading Act 1986 that are not affected by Vention Lab's limitations of liability contained in this agreement.

8.2. Except as provided in clause 8.1, Vention Lab will not be liable to you (in contract, tort (including negligence) or otherwise) for any loss or damage you may suffer.

8.3. Vention Lab limitations of liability extend to its contractors for the purposes of the Contracts (Privity) Act 1982.

8.4. Vention Lab is not liable for any failure to perform or for any delay in performing its obligations under this agreement if that failure or delay is due to an event which is beyond its control and which prevents Vention Lab from doing the things it would normally do. Vention Lab will perform its obligations under this agreement as soon as it is reasonably practicable to do so.

8.5. An event or cause beyond our control includes, but is not limited to: war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, earthquake, fire, lightning, storm, flood or other similar event, traffic accidents, problems arising because of health and safety hazards at the Property, and other things which Vention Lab does not have control over.

8.6. Vention Lab always uses reasonable endeavours to produce, transmit and work with data that is accurate.

9. Right to Update or Modify Terms

9.1. Vention Lab maintains the right to update or modify these terms at any time without notice. Vention Lab will maintain an up-to-date version on their website. By use of the Vention Lab Service you agree with the latest version of these terms and conditions.

© Vention Lab, Nelson, New Zealand 2025