Terms & Conditions
The company - Terms and Conditions of Use
1. Defined Terms
In these Terms, the following words have the meanings:
“Company” means [x].
“Fireworks Voucher ” means a voucher purchased on the Website which can be exchanged for Fireworks.
“Products” means fireworks sold by the Company which will be exchanged for Fireworks Vouchers.
“Terms” means these Terms and Conditions.
“Website” means [www.Onlinefireworks.co.nz].
2. General
(a) By accessing or using the Website and purchasing Products, you agree to be bound by these Terms and all terms, policies, guidelines and disclosures incorporated by reference into these Terms.
(b) If you are using the Website on behalf of an organisation (including company, society or other body corporate) you confirm that you have authority to bind that organisation and that the organisation will be bound by these Terms, and the term "You" used in these Terms shall refer to you and your organisation (jointly and severally). If you do not agree to all of these Terms, do not use the Website.
(c) These Terms apply to your access to, and use of, the Website owned by the Company.
- If there is any conflict or inconsistency between these Terms and the terms of any specific written agreement between the parties, the specific written agreement shall prevail provided it is signed by both parties.
- Your Terms of Trade or conditions will not apply, unless otherwise specifically agreed to in writing by a duly authorised signatory of the Company and no other employee, agent or representative of the Company shall have any authority to amend, modify or add to these Terms.
(f) The Company reserves the right to change or modify any of the terms and conditions contained in these Terms or any policy or guideline of the Website at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions on the Website. Your continued use of this Website following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Website. If you do not agree to the amended terms, you must stop using the Website.
(g) Please report any breach of these Terms to [Admin@onlinefireworks.co.nz]
3. Age Restrictions.
If you are under 18 years of age you may not use this Website. By using the Website, you warrant to the Company that you are over 18 years of age and indemnify the Company from any loss arising if you are not at least 18 years of age. You may be requested to provide identification to support your use of the Website at the time of payment, pick up or delivery.
4. Purchase and Payment
(a) Through the Website you can purchase a Fireworks Voucher from the Company.
(b) Fireworks Vouchers will be for specific Products.
(c) All Fireworks Vouchers purchased through the Website can be exchanged for Product (up to the value of the Fireworks Vouchers purchased) for the next 2 November to 5 November period.
(d) Payment will be made at the time you purchase the Fireworks Vouchers by credit card. Mastercard and Visa are accepted by the Website.
5. Delivery/Pick Up
(a) At the time of purchase you will indicate whether you wish your Product to be delivered or picked up by you.
(b) If you nominate to pick up your Product you may do so, at the Company location identified by you at the time of purchase, on 2 or 3 November. At this time you will exchange the Fireworks Voucher for Product.
(c) If you nominate delivery your Product will be delivered to the address provided by you at the time of purchase. Deliveries will take place on 2 or 3 November.
(d) A signature will be required for delivery.
(e) You may be required to show proof of identification and age at the time of delivery or pick up.
6. Customer Acknowledgements
By using the Website you consent to receive emails from the Company which may include commercial emails about specials and offers.
7. Customer Use
You agree not to do any of the following (either directly or indirectly) while using the Website:
(a) hack into any part of the Website;
(b) transmit any unsolicited advertising, promotional materials or any other forms of solicitation, unless expressly authorised by the Company;
(c) breach any applicable law or regulation; or
(d) engage in any other conduct that the Company may advise that it considers (in its absolute discretion) breaches the Terms or is otherwise inappropriate for the Website.
8. Copyright and Limited Licence
(a) Unless otherwise indicated, the Website and all content and other materials on the Website or forwarded by the Company, including, without limitation, the Company logo, and all designs, text, graphics, pictures, reviews, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "the Company Materials") are the property of the Company or its licensors.
(b) Any use of the Company Materials other than as specifically authorised in these Terms, without the prior written permission of the Company, is strictly prohibited. Such unauthorised use may also violate applicable local laws including, without limitation, copyright and trade mark laws and applicable communications regulations and statutes.
(c) Unless explicitly stated, nothing in these Terms shall be construed as conferring any licence to intellectual property rights to you.
9. Trade Marks and Get-Up of Website
(a) The Company, the Company logo and any other product or service name or slogan contained on the Website are trade marks of the Company and its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company or the applicable trade mark holder.
(b) You may not use any metatags or any other "hidden text" utilising "the Company" or any other name, trade mark or product or service name of the Company without our prior written permission. In addition, the look and feel of the Website and graphical user interface of the Website, including, but not limited to, all page headers, custom graphics, button icons and scripts, are the service mark, trade mark and/or trade dress of the Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trade marks, registered trade marks, product names and company names or logos mentioned in the Website are the property of their respective owners.
10. Disclaimers and Acknowledgements
(a) The Website is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied.
(b) The Company disclaims all warranties, express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Products.
(c) The Company does not represent or warrant that the Website or the servers are free of viruses or other harmful components,
(d) While the Company attempts to make your access and use of the Website safe, the Company cannot and does not represent or warrant that the Website, or any content or materials are free of viruses or other harmful components. Therefore, you should use virus detection software to protect against viruses, spyware, malware and other harmful or otherwise undesirable components.
11. Limitation of liability and indemnification regarding the Products
You acknowledge that the Products are inherently dangerous and must be used safely and in strict compliance with any instructions provided with them and best practice. You are solely responsible for your use of Products obtained through the Website. You indemnify the Company for any injury, loss, claim or damage sustained to any person(s) or property through your use of the Products.
12. General Limitation of Liability
In no event shall the Company or any of its employees, agents, independent contractors, service providers or consultants, be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including, but not limited to:
(a) loss of use;
(b) loss of profits;
(c) loss of data;
(d) loss of a chance;
whether in an action in contract, tort, equity or otherwise which arises out of or in relation or connection to any use of the Website or the Products supplied through the Website, including, without limitation, any damages, loss or injury caused by or resulting from:
(e) reliance by a user on any information obtained from the Company or the Website;
(f) that results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation of files or email, errors, defects, viruses, delays in operation or transmission;
(g) any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorised access to the Company's records;
(h) failure to use the Products properly as instructed.
13. Advertisements and Promotions
The Company may run advertisements and promotions from third parties on the Website. Your business dealings or correspondence with, or participation in promotions of, advertisers other than the Company and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. The Company is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such non-Company advertisements on the Website or made available through the Company Services.
14. Indemnification
You agree to defend, indemnify and hold harmless the Company, its independent contractors, service providers and consultants and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable lawyers' fees) arising out of or related to or your use of or inability to use the Website or the Products, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the Products, your conduct, your violation of these Terms or your violation of the rights of any third party.
15. Severability
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
- Privacy Act 1993
You authorise the Company to hold and collect private information about you. All private information held by the Company will be held in accordance with the Privacy Act 1993.
- Governing Law
New Zealand law governs these Terms and the New Zealand Courts have non-exclusive jurisdiction to hear and determine any dispute arising in connection with these Terms, the supply of Products or use of the Website.