TERMS OF SERVICE
Welcome to the terms of service (Terms) for use of this website (“Site”), operated by Fairfax New Zealand Limited (“Fairfax”, “we”, “us” and “our”). These Terms apply to all users (“the User”, “you”, “your”) of this Site and your use of the services provided on the Site (“the Service”).
By visiting our Site and/ or using our Services, you are deemed to have accepted, and will be bound, by the Terms. Please read these Terms carefully before accessing or using our Service. If you do not agree to all the Terms then you may not access the Site or use any of the Services.
You continued use of the Site and the Services, including any new features or tools, constitutes you agreement to these Terms as updated or replaced from time to time.
This Service has been set up by us to connect you with great products from various retailers (“Retailer”). Please note that any obligations that exist under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 with regard to a product or service which you purchase through the Site rest with the Retailer. The Retailer’s details are provided on every product page to make this process easier for you.
Our store is hosted on Shopify Inc. Shopify provide us with the online e-commerce platform that allows us to sell our Retailer’s products to you.
- We reserve the right to refuse service to anyone for any reason and at any time.
- By agreeing to these Terms you represent that you are 18 years of age and you are able to enter into legally binding agreements to use the Services.
- To use the Services and make a purchase using the Services, you must be a resident of New Zealand and you must have a New Zealand residential address to deliver any products purchased using the Services.
Registering for use
- You must register your details with us to use the Service (your "Account"). Registration is free and does not oblige to you purchase anything from the Site. You must not use false or misleading information when registering or using the Service. Your obligations to us won't be reduced for any reason including (for example) where you use a false name.
- If your details have changed since you last used the Service, you must provide us with the updated details. We are not responsible for any loss or damage (including misdirected emails or deliveries) which may occur because you have not provided us with complete and accurate information.
- You are responsible for the security of your username and password. We may assume that anyone using your username and password is authorised by you.
- Unauthorised access and use of your details will, under no circumstances, reduce your liability in connection with using the Service. This includes your obligation to purchase an item which may result from use of your username and password. You must notify us immediately if you become aware of any unauthorised use of your username or password or of any other security breach.
- A breach or violation of any of these Terms may result in suspension or termination of your Account by us in our sole discretion.
- All Transactions are processed in NZD and include GST (15% sales tax).
Accuracy, Completeness And Timeliness Of Information
- We are not responsible if information made available on this Site by the Retailers or any third party is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
- We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
Modifications To The Service
- We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.
- We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Products Or Services
- Certain products or services may be available exclusively online through the Site or by our Retailers. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
- All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
- We have made every effort to display as accurately as possible the colors and images of the products that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.
- We reserve the right, but are not obligated, to limit the sales of our products or Services to any person or geographic region and the quantity of any products or services.
- We will deliver the products ordered by you using the Service in accordance with our Shipping and Delivery Policy.
Accuracy Of Billing And Account Information
- You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
- We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
- We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
- You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
- Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
- We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
User Comments, Feedback And Other Submissions
- If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
- We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
- You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
- In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Disclaimer Of Warranties; Limitation Of Liability
- We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
- You expressly agree that your use of, or inability to use, the service is at your sole risk. To the extent permitted by law, the Service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
- In no case shall Fairfax Media NZ, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
- You agree to indemnify, defend and hold harmless Fairfax Media NZ and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
- These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.
- Questions about the Terms of Service should be sent to us at email@example.com.