1 APPLICATION OF TERMS
1.1 These Terms apply to your use of the Website or Services (as defined below). If you access or use the Website or Services:
a) you agree to these Terms; and
b) where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
1.2 If you do not agree to these Terms, you are not authorised to access and use the Website or Services, and you must immediately stop doing so.
2.1 We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website or the Services, you agree to be bound by the changed Terms.
2.2 We may change, suspend, discontinue, or restrict access to, the Website or Services without notice or liability.
2.3 We shall not be liable to you or any third-party for any modification or price change to products or services on the Website.
2.4 These Terms were last updated on 28/08/19
In these Terms:
Delivery Area means New Zealand including and similar words do not imply any limit
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
personal information means information about an identifiable, living person
Services means your purchase and use of the products and services (including any subscription service) via the Website
Underlying System means any network, system, software, data or material that underlies or is connected to the Website User ID means to the account created by you to allow you to access and use certain parts of the Website and to engage with the Services.
We, us or our means Eightysix Trading Limited, t/a Ecoware. Website means ecoware.co.nz
You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.
4 YOUR OBLIGATIONS
4.1 You must:
a) provide true, current and complete information in your dealings with us (including when setting up an account and using the Services), and must promptly update that information (including credit card numbers and expiration dates) as required so that the information remains true, current and complete; and
b) be at least 18 years old and have the capacity to enter into a legally binding agreement.
4.2 If you are given a User ID, you must keep your User ID secure and:
a not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
b immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to email@example.com.
4.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services or access to the Services without our written consent.
4.4 You must:
a) not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
b) unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
4.5 You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to firstname.lastname@example.org.
4.6 You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website or Services by using your User ID.
5 PURCHASING, ORDERING AND DELIVERY
5.1 We may discontinue to offer any products at any time. We do not warrant that the quality of any product or information supplied by us or obtained by you will meet your expectation. Any reliance on the material on this site is at your own risk. All product sales (whether by subscription or otherwise) are subject to our returns policy which can be found in our FAQ's.
5.2 Prices for and descriptions of the products or services purchased by you (including delivery charges) are subject to change without notice.
5.3 We may limit the sales of our products to any person or Delivery Area. We may limit the quantities of any products that we offer.
5.4 We have made every effort to display, as accurately as possible, all information on the Website, including the image and design of our products on the Website. However, we cannot guarantee that all information is up to date, or, that your computer monitor will display the product features accurately.
5.5 All prices are inclusive of GST and quoted in NZ dollars only. The total value of your order including GST and delivery charges will be displayed on your order confirmation screen. This is the price you will pay. When we receive your order, we will send you an email confirming acknowledgment of receipt of your order details.
5.6 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 company or per order. In the event that we make a change to, or cancel an order, we may attempt to notify you by contacting you using the details provided by you at the time the order was made.
5.7 You must be located in our Delivery Area to make an order. Please take care when specifying your delivery address as refunds will not be given if you enter an address incorrectly. We will inform you if we cannot deliver to your location for any reason, using the contact details that you provide when placing your order and arrange for the cancellation of the order, which may result in a cancellation fee if we have already incurred associated delivery costs. At your request, we may deliver to an alternative delivery address if possible, however this may involve additional costs.
5.8 We will try to let you know if we expect to be unable to meet our estimated delivery date, but to the extent permitted by law, we will not be liable to you for any Loss arising out of late delivery.
6 THIRD PARTY LINKS
6.1 Certain services available via our Services may include material from third-parties. Third party links on the Website may direct you to a third-party’s website that is not affiliated with us. We use third-party providers to process payments on our behalf. These third-parties include PayPal and Shopify. Please review carefully any third-party’s policies and practices and make sure you understand them before you engage. Complaints, claims, concerns or questions regarding third-party services, should be directed to the third-party.
7 INTELLECTUAL PROPERTY
7.1 We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), the Services and the Underlying Systems. You must not contest or dispute that ownership, or the validity of those intellectual property rights.
8.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
a) the Website or Services being unavailable (in whole or in part) or performing slowly;
b) any error in, or omission from, any information made available through the Website;
c) any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
d) any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
8.2 We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.
9.1 To the maximum extent permitted by law:
a) you access and use the Website and Services at your own risk; and
b) we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website and Services, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
9.2 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD100.
9.3 To the maximum extent permitted by law and only to the extent clauses 9.1 and 9.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Services, or your access and use of (or inability to access or use) the Website, must not exceed NZD500.
11 SUSPENSION AND TERMINATION
11.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website or Services (or any part of it). In this instance, you will remain liable for all amounts due up to and including the date of termination.
11.2 On suspension or termination, you must immediately cease using the Website or Services and must not attempt to gain further access.
11.3 You may terminate these Terms at any time by notifying us that you no longer wish to use the Services, or when you stop using the Services. The obligations and liabilities of the parties incurred prior to the termination date shall survive termination.
12.1 If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
12.2 These Terms, and any dispute relating to these Terms or the Website or Services are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website or Services.
12.3 For us to waive a right under these Terms, the waiver must be in writing.
12.4 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.6, 7, 8, 9, 12.1, continue in force.
12.5 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
12.6 These Terms set out everything agreed by the parties relating to your use of the Website and Services and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website or Services that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.