Trade Terms and Conditions of Use
Introduction
PhoneWatch.co.nz
and its affiliates provide their services to you subject to the following
conditions. If you visit or shop at PhoneWatch.co.nz, you
accept these conditions. Please read them carefully. In addition, when you
use any current or future PhoneWatch.co.nz service or visit or
purchase from any business affiliated with PhoneWatch.co.nz,
whether or not included in the PhoneWatch.co.nz Web site, you
also will be subject to the guidelines and conditions applicable to such
service or business.
Electronic communications
When
you visit PhoneWatch.co.nz or send e-mails to us, you are
communicating with us electronically. You consent to receive
communications from us electronically. We will communicate with you by
E-mail or by posting notices on this site. You 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.
License and site access
PhoneWatch.co.nz grants you a limited license to access and make
personal use of this site and not to download (other than page caching) or
modify it, or any portion of it, except with express written consent of
PhoneWatch.co.nz. This license does not include any resale or
commercial use of this site or its contents; any collection and use of any
product listings, descriptions, or prices; any derivative use of this site
or its contents; any downloading or copying of account information for the
benefit of another merchant; or any use of data mining, robots, or similar
data gathering and extraction tools. This site or any portion of this site
may not be reproduced, duplicated, copied, sold, resold, visited, or
otherwise exploited for any commercial purpose without express written
consent of PhoneWatch.co.nz. You may not frame or utilise
framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of PhoneWatch.co.nz and our affiliates without express written consent.
You may not use any meta tags or any other "hidden text" utilizing PhoneWatch.co.nz's name or trademarks without the express written
consent of PhoneWatch.co.nz. Any unauthorised use terminates
the permission or license granted by PhoneWatch.co.nz. You are
granted a limited, revocable, and nonexclusive right to create a hyperlink
to the home page of PhoneWatch.co.nz so long as the link does
not portray PhoneWatch.co.nz, its affiliates, or their products
or services in a false, misleading, derogatory, or otherwise offensive
matter. You may not use any PhoneWatch.co.nz logo or other
proprietary graphic or trademark as part of the link without express
written permission.
Your account
If you use this
site, you are responsible for maintaining the confidentiality of your
account and password and for restricting access to your computer, and you
agree to accept responsibility for all activities that occur under your
account or password. PhoneWatch.co.nz does sell products for
children, but it sells them to adults, who can purchase with a credit
card. If you are under 18, you may use PhoneWatch.co.nz only
with involvement of a parent or guardian. PhoneWatch.co.nz and
its affiliates reserve the right to refuse service, terminate accounts,
remove or edit content, or cancel orders in their sole
discretion.
Payment terms
All Charges are in New
Zealand dollars and are inclusive of all taxes and duties.
Goods are
supplied after payment is received or cash on delivery or pickup. Goods
may be invoiced after delivery by mutual agreement only and payment will
be within 14 days of the invoice date. Any services provided will be
invoiced and payment will be within 14 days of the invoice
date.
Credit references
You authorise us to check
your credit status with any credit reference agency and/or credit referees
you provide as we see fit from time to time and to pass on credit
information about you to any credit reference agency at any time. If you
are not satisfied with the information about you which we receive from any
credit reference agency, you must deal directly with the credit reference
agency to resolve this.
Reviews, comments, communications, and
other content
Visitors may post reviews, comments, and other
content; and submit suggestions, ideas, comments, questions, or other
information, so long as the content is not illegal, obscene, threatening,
defamatory, invasive of privacy, infringing of intellectual property
rights, or otherwise injurious to third parties or objectionable and does
not consist of or contain software viruses, political campaigning,
commercial solicitation. You may not use a false e-mail address,
impersonate any person or entity, or otherwise mislead as to the origin of
content. PhoneWatch.co.nz reserves the right (but not the
obligation) to remove or edit such content, but does not regularly review
posted content. If you do post content or submit material, and unless we
indicate otherwise, you grant PhoneWatch.co.nz and its
affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully
sublicensable right to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, and display such content
throughout the world in any media. You grant PhoneWatch.co.nz
and its affiliates and sublicensees the right to use the name that you
submit in connection with such content, if they choose. You represent and
warrant that you own or otherwise control all of the rights to the content
that you post; that the content is accurate; that use of the content you
supply does not violate this policy and will not cause injury to any
person or entity; and that you will indemnify PhoneWatch.co.nz
or its affiliates for all claims resulting from content you supply.
PhoneWatch.co.nz has the right but not the obligation to
monitor and edit or remove any activity or content. PhoneWatch.co.nz takes no responsibility and assumes no liability for any content
posted by you or any third party.
Risk of loss
All
items purchased from PhoneWatch.co.nz are made pursuant to a
shipment contract. This means that the risk of loss and title for such
items pass to you upon our delivery to the carrier.
Product
descriptions
PhoneWatch.co.nz and its affiliates
attempt to be as accurate as possible. However, PhoneWatch.co.nz does not warrant that product descriptions or other content of
this site is accurate, complete, reliable, current, or error-free. If a
product offered by PhoneWatch.co.nz itself is not as described,
your sole remedy is to return it in an unused
condition.
Disclaimer of warrantees and limitation of
liability
THIS SITE IS PROVIDED BY PhoneWatch.co.nz
ON AN "AS IS" AND "AS AVAILABLE" BASIS. PhoneWatch.co.nz MAKES
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO
THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR
PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS
SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE
LAW, PhoneWatch.co.nz DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PhoneWatch.co.nz DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM
PhoneWatch.co.nz ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. PhoneWatch.co.nz WILL NOT BE LIABLE FOR ANY DAMAGES
OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED
TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT
APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Applicable
law
By visiting PhoneWatch.co.nz, you agree that the
laws of New Zealand, without regard to principles of conflict of laws,
will govern these Conditions of Use and any dispute of any sort that might
arise between you and PhoneWatch.co.nz or its
affiliates.
Disputes
Any dispute relating in any way
to your visit to PhoneWatch.co.nz or to products you purchase
through PhoneWatch.co.nz shall be submitted to confidential
arbitration in Auckland, New Zealand, except that, to the extent you have
in any manner violated or threatened to violate PhoneWatch.co.nz's intellectual property rights, PhoneWatch.co.nz may
seek injunctive or other appropriate relief in any court in New Zealand,
and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted under the rules then
prevailing of an independent arbitrator. The arbitrator's award shall be
binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no
arbitration under this Agreement shall be joined to an arbitration
involving any other party subject to this Agreement, whether through class
arbitration proceedings or otherwise.
Site policies,
modification, and severability
Please review our other
policies, posted on this site. These policies also govern your visit to
PhoneWatch.co.nz. We reserve the right to make changes to our
site, policies, and these Conditions of Use at any time. If any of these
conditions shall be deemed invalid, void, or for any reason unenforceable,
that condition shall be deemed severable and shall not affect the validity
and enforceability of any remaining condition.
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