Terms and Conditions
Website Terms And Conditions Of Use And Privacy Statement
These terms and conditions apply to the use of this website ("Site"), including the purchase of goods over this Site. In using this Site for these and other purposes, you agree to be bound by these terms and conditions. Please read them carefully. If you do not accept these terms and conditions, you must refrain from using the Site. These terms and conditions must be read alongside other applicable terms and conditions governing the use of the Site Standard Terms of Trade ("Terms of Trade") or any of Waibury participating member merchants, or our or their related companies, agents, suppliers or licensors Standard Terms of Trade ("Terms of Trade").
In these terms and conditions the expressions "we", "us" and "our" are a reference to Waibury, or our or their related companies, agents, suppliers or licensors. Amendments to terms and conditions We reserve the right to amend these terms and conditions from time to time. Any amendments will be effective immediately upon notification on this site. Your continued use of this site following such amendments will represent an agreement by you to be bound by the terms and conditions as amended.
New Zealand Consumer Guarantees Act 1993
If you purchase Goods from us for a business purpose, then you agree that the statutory guarantees and implied terms, covenants and conditions contained in the New Zealand Consumer Guarantees Act 1993 are excluded by mutual agreement and do not apply as set out in Clause 10 of the Terms of Trade.
We do not accept responsibility for any loss, damage (including direct, special, or consequential loss or damage), however caused (including through negligence) which you may directly or indirectly suffer in connection with your use of this Site or any linked website, nor do we accept any responsibility for any loss arising out of your use of or reliance on information contained on or accessed through this Site. The extent of our liability in relation to any Goods purchased over the Site is specified in Clause 11 of our Terms of Trade, and as set out below. Except as otherwise stipulated in these terms and conditions or in the Terms of Trade, we will not accept liability to you in respect of any loss or damage (including direct, special or consequential loss or damage) however caused (including through negligence) which may be suffered or incurred by you or which may arise directly or indirectly in respect of Goods supplied pursuant to an order placed on this Site or in respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions and in the Terms of Trade. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following at our option (and in accordance with Clause 9 of the Terms of Trade): (a) where the breach relates to Goods: (i) the replacement of the Goods or supply of equivalent goods; (ii) the repair of such Goods; (iii) the payment of the cost of replacing the Goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the Goods repaired.
Exception to disclaimer
The disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, that such liability cannot be lawfully excluded.
You must ensure that your access to this Site is not illegal or prohibited by laws which apply to you. You must take your own precautions to ensure that the process which you employ for accessing this Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we do not accept responsibility for interference or damage to your computer system which arises in connection with your use of this Site or any linked site. We make no warranty that Goods acquired from us over this Site will meet your requirements. Details relating to the Goods have been prepared in accordance with New Zealand law and may not satisfy the laws of another country. We do not warrant that the details on this Site concerning those Goods will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside of New Zealand) and if the details do not satisfy the laws of your jurisdiction, you may not order any Goods from this Site. You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions, data or of information contained in your computer system or on this Site. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
Copyright in this Site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under the New Zealand Copyright Act 1994 and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, or in any other written agreement between you and us, and in accordance with Clause 20 of the Terms of Trade you may not in any form or by any means: (a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Site; or (b) commercialise any information, products or services obtained from any part of this Site; without our prior written permission.
Except where otherwise specified, any word or device to which the ™ or ® symbol is attached is a Trade Mark owned or licensed by us (the "Trade Marks"). If you use any Trade Marks in reference to our activities or Goods, you must seek our express authorisation and at all times comply with Clause 20 of the Terms of Trade. You must not use the Trade Marks in: (a) or as the whole or part of your own trade marks; (b) connection with activities or goods which are not ours; (c) a manner which may be confusing, misleading or deceptive; and/or (d) a manner that disparages us or our information or the Goods (including this Site).
All existing or future patent, patent applications, designs, copyright, manufacturing methods, processes, know-how or other industrial or intellectual property ("Intellectual Property") in the Goods is owned by or licensed by us, remains our property and you acknowledge that you have no right, title or interest in or claim to the Intellectual Property in accordance with Clause 20 of the Terms of Trade. You acknowledge that any improvements to the Intellectual Property discovered by you pursuant to your use of the Goods is our property and you will advise us as soon as possible and assign any such improvements to us, and we will have the sole right to apply for any patents and/or obtain any copyright protection for such improvements.
You are authorised to print a copy of any information contained on this Site, unless such printing is expressly prohibited. You may not however on-sell information obtained from this Site without our written permission.
Any personal information we may collect will be used by us only to respond to your inquiry or process an order. We may also use any personal information provided by you to measure the use of our site and to improve its content. At times cookies may be used to help us serve you better. A cookie is a tiny element of data sent by a website to your browser, which may then be stored on your hard drive so we can recognise you when you return. You may set your browser to notify you when you receive a cookie and, if you wish, to reject it. We will not release, sell or rent to anyone else personally identifiable data which we have gathered from your visit to our web page unless compelled by law, with your informed consent, to fulfil an order or request you have given to us, or to protect us against unlawful activity, fraud, or any danger to public safety. All personal information that we collect (including your contact details, and if relevant, credit card details) is kept confidential to the best of our ability. You will appreciate, however, that we cannot guarantee the security of transmission.
Email contact and how we handle emails
It is the policy of Waibury to send our members emails throughout the purchasing process and other newsletter emails they elect to receive. Further, it is our policy to immediately remove any member from any mailing list upon the member's request. In addition, Waibury will send out promotional material to its newsletters subscribers promoting material related to Waibury. We do use email as a means of receiving feedback from our members, and we encourage you to email us with your questions or comments. We will preserve the content of any email you send us if we believe we have the legal requirement to do so. Your email message content may be monitored by us for trouble shooting or maintenance purposes or if any form of email abuse is suspected.
Our site's registration form requires you to provide us contact information and may also require demographic information. Your contact information may be used to contact you when necessary.
If you wish to have your registration removed from our directory for any reason, simply send us an email requesting to be removed.
Updating Your Personal Information and Password Control
Security of information
Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information that is transmitted to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
Termination of access
Access to this Site may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any termination.
The use of this Site, any contracts formed in conjunction with this Site, and these Terms and Conditions are all governed by New Zealand law. If a dispute arises between you and us it will be decided by alternative dispute resolution, or the New Zealand Courts. The only exception to this is on points of patent, trade mark, or copyright protection. Disputes involving these issues will be governed by the law of the country granting the protection.
If you have any furthar questions about our privacy policies or any other matter, please e-mail us at email@example.com.
We accept no responsibility for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our control. If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion. If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force.