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Terminology In these terms of use, the terms "we", "us" and "our" refer to Need a Gift Limited. Application of terms This website is owned and operated by us. These terms of use constitute an agreement made between you and us and apply when you access or use this website. You are permitted to access this website and to order the products available from this website only in accordance with these terms of use. Changes We reserve the right to amend these terms of use from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification means that you agree to be bound by the terms of use as amended. Availability Your use of this website and any associated services may sometimes be subject to interruption or delay. Due to the nature of the Internet and electronic communications, we and our service providers do not make any warranty that this website or any associated services will be error free, without interruption or delay, or free from defects in design. We will not be liable for any damages or refunds should this website become interrupted or delayed for any reason. Errors While we endeavour to ensure that the content of the website is free from error, we do not give any warranty or other assurance as to the content of material appearing on the website, its accuracy, completeness, timeliness or fitness for any particular purpose. We make no warranty that products ordered from us will meet your requirements and you should therefore ensure that the products you order will be suitable for your purposes. Hyperlinks This website may contain hyperlinks to third party websites ("external hyperlinks"). External hyperlinks are provided for your convenience only and may not remain current or be maintained. We make no endorsement of, and accept no responsibility for, any content accessible through any external hyperlink. You are responsible for complying with any terms and conditions imposed by third party websites. You agree that you will not publish or distribute any hyperlink to this website without our prior written permission in each instance. If you do create a hyperlink to this website, you will be responsible for all losses (whether direct or indirect) that we may suffer as a result of that hyperlink. Publishing or distributing hyperlinks to this website is done at your own risk. Viruses and malicious code Although we endeavour to take reasonable steps to prevent the introduction of viruses or other malicious code to the website, we do not guarantee or warrant that the materials that may be available on the website do not contain such destructive features. We will not be liable for any damages or harm attributable to such features. You are responsible for ensuring that the process that you employ for accessing this website does not expose you to risk of viruses or other form of interference which may damage your own computer system. Security You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of the information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any losses that you may sustain as a result of such activity. All information transmitted to you or from you is transmitted at your risk. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your accessing of this website or any linked website. Your account We may create an account for you (including a username and password) to verify your identity when you use this website. Your username and password are personal to you and you must at all times maintain the confidentiality of your username and password and not disclose them to any third party. You agree that you are solely responsible for any use of the website by any person using your username and password and you agree to indemnify us against any and all claims arising out of your failure to maintain the confidentiality of your username or password. Privacy Any personal information that may be collected on this website is governed by our Privacy Policy, which forms part of these terms of use. Electronic Transactions Act You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002. Limitation of liability To the maximum extent permitted by law, we will not be liable (in contract, tort, or otherwise) for any loss of profits, or any indirect, incidental, consequential, or economic damages or losses (howsoever caused), which you may directly or indirectly suffer in connection with (a) your use of, or inability to use, this website, or any material appearing on this website, or (b) any action or decision taken as a result of using this website, or any material appearing on this website; or (c) products ordered by you from this website. Consumer Guarantees Act Nothing in these terms of use is intended to avoid the provisions of the New Zealand Consumer Guarantees Act 1993 except to the extent permitted by that Act, or to exclude liability arising under any other statute, if and to the extent that such liability cannot be lawfully excluded, and these terms and conditions shall be modified to the extent necessary to give effect to that intention. If you are acquiring goods or services for the purposes of a business you agree that the guarantees provided in the Consumer Guarantees Act 1993 shall not apply. We do not provide any express guarantees (as that term is defined in the Consumer Guarantees Act 1993) other than those expressly confirmed in these Terms and Conditions. Applicable laws Except as otherwise described, all materials on this website are made available only to provide information about this website, and the products which may be ordered from this website. This website is controlled and operated by us, from offices within New Zealand. Details contained on this website relating to the products and the sale of the products through this website have been prepared in accordance with New Zealand law and may not satisfy the laws of any other country. We make no representations or warranties as to whether or not the information or products available from this website are appropriate or available for use in other countries. If you choose to access this website from outside New Zealand you are responsible for compliance with applicable local law. If products available on this website do not satisfy the laws of your jurisdiction, you must not order any products through this website. These terms of use (and any contracts between you and us which arise through your use of this website) shall be governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these terms of use (and any contracts between you and us which arise through your use of this website). You submit to the jurisdiction of the courts of New Zealand and agree that the courts of New Zealand are a convenient forum in which to resolve any dispute arising in relation to these terms of use (and any contracts between you and us which arise through your use of this website). Intellectual Property The materials contained on this website are protected under copyright and other laws of New Zealand, and under international conventions and similar laws abroad. Unless otherwise stated, copyright and other intellectual property rights in all material published on the website, including, but not limited to the textual material, artwork, photographs, computer software, audio and visual elements shall belong to us or our suppliers. The software which operates the website is proprietary software and you are not permitted to use it except as expressly allowed under these terms of use. Any other use or purported licensing, modification, enhancement or interference is strictly prohibited. Trade marks Need a Gift, the Need a Gift device, and any other trade marks appearing on this website belong to us or our suppliers. You are not permitted to use or reproduce or allow anyone to use or reproduce those trade marks for any reason without our prior written permission. These terms of use were last updated on 29 September 2005. |
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| Contact: info@needagift.co.nz | Need A Gift Ltd | New Zealand |
| © Need A Gift 2007 |