Terms of Use
This website is operated by New Zealand Founders Society . Throughout this statement
and this website, the terms “we”, “us” and “our” refer to the operator of this
website.
We offer this website, including all information, tools and services available
from this site to you, the user, conditioned upon your acceptance of all terms,
conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our
“Service” and agree to be bound by the following terms and conditions (“Terms
of Use”, “Terms”), including those additional terms and conditions and policies
referenced herein and/or available elsewhere on this website. These Terms of
Use apply
to all users of the site, including without limitation users who are browsers,
vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Use carefully before accessing or using our
website. By accessing or using any part of the site, you agree to be bound by
these Terms of Use. If you do not agree to all the terms and conditions
of this agreement, then you may not access the website or use any services.
If these Terms of Use are considered an offer, acceptance is expressly limited
to these Terms of Use.
Any new features or tools which are added to the current store shall also
be subject to the Terms of Use. You can review the most current version
of the Terms of Use at any time on this page. We reserve the right to update,
change or replace any part of these Terms of Use by posting updates and/or
changes to our website. It is your responsibility to check this page periodically
for changes. Your continued use of or access to the website following the posting
of any changes constitutes acceptance of those changes.
Section 1 - General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
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 not transferred to our website,
but may be transferred to a third party PCI-compliant payment processor such
as PayPal, DPS, SecurePay and others. Credit card information is always encrypted
during transfer to any payment processor.
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.
The headings used in this agreement are included for convenience only and
will not limit or otherwise affect these Terms.
Section 2 - Online Store Terms
By agreeing to these Terms of Use, you represent that you are at least
the age of majority in your state or province of residence, or that you are
the age of majority in your state or province of residence and you have given
us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor
may you, in the use of the Service, violate any laws in your jurisdiction (including
but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination
of your Services.
Section 3 - Accuracy, Completeness and Timeliness Of Information
We are not responsible if information made available on this site 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.
This site may contain certain historical information. Historical information,
necessarily, is not current and is provided for your reference only. We reserve
the right to modify the contents of this site at any time, but we have no obligation
to update any information on our site. You agree that it is your responsibility
to monitor changes to our site.
Section 4 - Modifications to the Service or Prices
Prices for our products and services are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or
content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification,
price change, suspension or discontinuance of the Service.
Section 5 - Products or Services (if applicable)
Certain products or services may be available exclusively online through
the website. These products or services may have limited quantities and are
subject to return or exchange only according to our Return Policy found elsewhere
on this website.
We have made every effort to display as accurately as possible the colors
and images of our products that appear at the store. 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, geographic region or jurisdiction. We may exercise
this right on a case-by-case basis. We reserve the right to limit the quantities
of any products or services that we offer. 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. Any offer
for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information,
or other material purchased or obtained by you will meet your expectations,
or that any errors in the Service will be corrected.
Section 6 - Accuracy of Billing and Account Information
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.
You agree to provide current, complete and accurate purchase and account
information for all purchases made at our store. You agree to promptly update
your account and other information, so that we can complete your transactions
and contact you as needed.
Section 7 - Optional Tools
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.
Any use by you of optional tools offered through the site is entirely at
your own risk and discretion and you should ensure that you are familiar with
and approve of the terms on which tools are provided by the relevant third-party
provider(s).
We may also, in the future, offer new services and/or features through the
website (including, the release of new tools and resources). Such new features
and/or services shall also be subject to these Terms of Use.
Section 8 - Third Party Links
Certain content, products and services available via our Service may include
materials from third-parties.
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.
Section 9 - 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 of Use.
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.
Section 10 - Personal Information
Your submission of personal information through any form, email or the store
is governed by our Privacy Policy found elsewhere on this website.
Section 11 - Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that
contains typographical errors, inaccuracies or omissions that may relate to
product descriptions, pricing, promotions, offers, product shipping charges,
transit times and availability. 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).
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. No specified update or refresh date applied in the
Service or on any related website, should be taken to indicate that all information
in the Service or on any related website has been modified or updated.
Section 12 - Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Use, 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.
Section 13 - 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.
We do not warrant that the results that may be obtained from the use of the
service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite
periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is
at your sole risk. 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 New Zealand Founders Society, 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.
Because some states or jurisdictions do not allow the exclusion or the limitation
of liability for consequential or incidental damages, in such states or jurisdictions,
our liability shall be limited to the maximum extent permitted by law.
Section 14 - Indemnification
You agree to indemnify, defend and hold harmless WonderWebs 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 of
Use
or the documents they incorporate by reference, or your violation of any law
or the rights of a third-party.
Section 15 - Severability
In the event that any provision of these Terms of Use is determined to
be unlawful, void or unenforceable, such provision shall nonetheless be enforceable
to the fullest extent permitted by applicable law, and the unenforceable portion
shall be deemed to be severed from these Terms of Use, such determination
shall not affect the validity and enforceability of any other remaining provisions.
Section 16 - Termination
The obligations and liabilities of the parties incurred prior to the termination
date shall survive the termination of this agreement for all purposes.
These Terms of Use are effective unless and until terminated by either
you or us. You may terminate these Terms of Use at any time by notifying
us that you no longer wish to use our Services, or when you cease using our
site.
If in our sole judgment you fail, or we suspect that you have failed, to
comply with any term or provision of these Terms of Use, we also may terminate
this agreement at any time without notice and you will remain liable for all
amounts due up to and including the date of termination; and/or accordingly
may deny you access to our Services (or any part thereof).
Section 17 - Entire Agreement
The failure of us to exercise or enforce any right or provision of these
Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use and any policies or operating rules posted by us on
this site or in respect to The Service constitutes the entire agreement and
understanding between you and us and govern your use of the Service, superseding
any prior or contemporaneous agreements, communications and proposals, whether
oral or written, between you and us (including, but not limited to, any prior
versions of the Terms of Use).
Any ambiguities in the interpretation of these Terms of Use shall not
be construed against the drafting party.
Section 18 - Governing Law
These Terms of Use and any separate agreements whereby we provide you
Services shall be governed by and construed in accordance with the laws of the
country that the operator of this website resides in.
Section 19 - Changes to Terms of Use
You can review the most current version of the Terms of Use at any time
at this page.
We reserve the right, at our sole discretion, to update, change or replace
any part of these Terms of Use by posting updates and changes to our website.
It is your responsibility to check our website periodically for changes. Your
continued use of or access to our website or the Service following the posting
of any changes to these Terms of Use constitutes acceptance of those changes.
Section 20 - Contact Information
Questions about the Terms of Use should be sent to us through the contact
information on this website.