WEBSITE TERMS AND CONDITIONS

Last updated 23/06/2020

 

AGREEMENT TO TERMS

 These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Woofo Empawrium (“we,” “us” or “our”), concerning your access to and use of the “www.woofo.nz” website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason.

We will alert you about any changes by updating the “Last Updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.

 

1.  INTELLECTUAL PROPERTY RIGHTS

1.1 Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned by us, and are protected by copyright and trademark laws and various other intellectual property rights.

1.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part. You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.

1.3 Provided that you are eligible to use the Site, you may download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.

2.  PRODUCTS

2.1 We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, your electronic display may not accurately reflect the actual colors and details of the products.

2.2 All products are subject to availability, and we cannot guarantee that items will be in stock.

2.3 We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

2.4 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.

3.  ACCEPTANCE OF YOUR ORDER

3.1 Your order is an offer to buy from us. We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase.

3.2 If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may accept the alternatives we offer or cancel all or part of your order.

4.  PRICE, PURCHASES AND PAYMENT

4.1 You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

4.2 We may change prices at any time.

4.3 All payments shall be in New Zealand dollars.

4.4 Any information was given by us in relation to exchange rates are approximate only and may vary from time to time.

4.5 Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than New Zealand dollars will be borne by you.

4.6 You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.

4.7 We reserve the right to refuse any order placed through the Site. 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 payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

5.  PERSONAL INFORMATION

We take care to make Our Website safe for you to use.

5.1 Your submission of personal information through the store is governed by our Privacy Policy.

5.2 Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

6.  USER REGISTRATION

6.1 If you register with the Site. you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.

6.2 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.

6.3 You agree to accept responsibility for all activities that occur under your account.

7.  CANCELLATION, RETURN & REFUNDS

Please review our Return Policy posted on the Site prior to making any purchases. 

8.  DELIVERY

8.1 Goods are sent by courier. We will send you a message by email to tell you when we have dispatched your order.

8.2  Once your order has left us, we are not responsible for lost Goods. If your Goods are lost, please immediately contact the courier so that they can help you locate your Goods or start an investigation. 

8.3 If you choose “signature on delivery”, your goods must be signed for on delivery by an adult. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver.

8.4 If you choose un-tracked delivery, we cannot accept liability for any goods lost in transit.

8.5 When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.

9. Foreign taxes and duties

9.1. If you are not in New Zealand, we have no knowledge of, and no responsibility for, the laws in your country.

9.2. You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

10. THIRD-PARTY WEBSITES AND CONTENT

10.1 The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").

10.2 Such Third-Party Websites and Third-Party Content 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. 

10.3 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.

10.4 If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern.

10.5 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. 

10.2 Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

11. PROMOTIONAL CODE

11.1 When redeeming a promotional code advertised on our website, please read specific promotion details if required.

11.2 The promotional code is valid for a limited time only. We reserves the right to modify or cancel it at any time.

11.3 Each promotional code can be used only once, unless otherwise specified.

11.4 If the promotion has a minimum purchase requirement, taxes, gift-wrap, shipping and handling charges do not apply toward the minimum purchase amount.

11.5 The promotional code is not transferable, may not be resold or redeemed for cash.

11.6 If you return items purchased using a promotional code, we will subtract the value of the promotional code from your return credit.

11.7 Only one promotional code can be used each time and therefore cannot be combined with other offers using promotional code.

12. GIFT CARD

12.1  Gift card cannot be exchanged for cash and cannot be used to purchase additional gift cards.

12.2 Gift card cannot be returned or refunded.

12.3 Gift Card value cannot be redeemed for cash or credited to an account.

 

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

1. systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
3. use a buying agent or purchasing agent to make purchases on the Site.
4. use the Site to advertise or offer to sell goods and services.
5. circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
6. engage in unauthorized framing of or linking to the Site.
7. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
8. make improper use of our support services or submit false reports of abuse or misconduct.
9. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
10. interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
11. attempt to impersonate another user or person or use the username of another user.
12. sell or otherwise transfer your profile.
13. use any information obtained from the Site in order to harass, abuse, or harm another person.
14. use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
15. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
16. attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
17. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
18. delete the copyright or other proprietary rights notice from any Content.
19. copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
20. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
21. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
22. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
23. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
24. use the Site in a manner inconsistent with any applicable laws or regulations.