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TERMS AND CONDITIONS

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Last Updated: 05 August,  2022


These Terms and Conditions (this “Agreement”) are a legal agreement entered into by and between you, the user of this website, aquiferra.co.nz (the “Site”), and any organization on behalf of which you are using or accessing the site, and Aquiferra Ltd (also referred to herein as “we,” “us,” and “our”). By using or accessing the Site, and/or by clicking “I Agree” (or similar button) to accept or agree to this Agreement when this option is made available to you, you signify your agreement to this Agreement as well as our Privacy Policy, which is incorporated herein by reference.

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TERMS

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This Agreement applies to your access to and use of the Site and do not alter in any way the terms and conditions of any other agreement you may have with us, unless otherwise agreed to by us in writing. You represent and warrant that you have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party.
PLEASE READ THIS AGREEMENT CAREFULLY. BY USING OR ACCESSING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT AND ALL APPLICABLE LAWS AND REGULATIONS, INCLUDING YOUR COMPLIANCE WITH ANY APPLICABLE LOCAL LAWS. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU SHALL NOT USE OR ACCESS THE SITE OR PURCHASE GOODS OR SERVICES FROM US.

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SITE OWNERSHIP AND INTELLECTUAL PROPERTY

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The Site as well as its contents, features, functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), and all information, products, and services offered by us to you in connection with the Site (collectively, the “Content”) are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights of that with New Zealand laws. The Site and the Content are the property of Aquiferra Ltd and/or the applicable third-party licensors, and all right, title, and interest in and to the Site and the Content will remain with Aquiferra Ltd or such third-party licensors. Our logos, page headers, custom graphics, and other icons are service marks, trademarks, registered service marks, or registered trademarks of Aquiferra Ltd. All other products, names, and company logos mentioned on the Site or in the Content are trademarks of their respective owners.
This Agreement permits you to use the Site exclusively for your personal and other non-commercial use. You do not acquire ownership rights to the Site or any Content, other than those rights in the materials that you submit to us or otherwise enter through the Site, if any, that you may have or any rights that we may specifically grant you in writing, such as the limited license to use the Site, as further described below. This Agreement does not grant you any right, title, interest, license (express or implied) to any patent, trademark, service mark, copyright, trade secret or other intellectual property right of the Company or the respective intellectual property owners.
You will abide by any and all additional copyright notices, information, or restrictions contained in any Content. You will not modify, adapt, translate, reverse engineer, decompile, or disassemble the Site or any Content. You may only use the Site and the Content as expressly permitted herein, and any other use is prohibited. Any copying, republication, or redistribution of the foregoing, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of Aquiferra Ltd and/or the respective intellectual property rights holder identified in the subject content, which consent may be granted or withheld at the sole discretion of the rights holder. Except as expressly authorized by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Content or the Site.
 

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TERMS OF SALE

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4.1. All prices are shown in NZ dollars, are inclusive of tax but shipping and handling charges are additional. Prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the billing screens. All items are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products or services without notice, even if you have already placed your order. All sales are final, and we are not obligated to facilitate any returns or refunds. Please see our “Refunds and Returns” page for more information.
4.2. You agree to pay the shipping and any handling charges shown on the Site when your order is placed. We reserve the right to increase, decrease, add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Generally, shipping is by standard ground delivery. Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts. Any shipping times shown on the Site are estimates only, and actual delivery dates may vary. You agree that you will not obtain or direct shipment of product for export. Please see our “Refunds and Returns” page for more information.
4.3. Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other payment method. By submitting your order, you represent and warrant that you are authorized to use the designated card or payment method and you authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Site) to that card or other payment method. If the card (or other payment method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. You agree to keep all payment cards or other payment method information current, and you agree that we may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem we encounter in order to proceed with your order.

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FEEDBACK AND REVIEWS

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If you provide us with comments, bug reports, feedback, or modifications proposed by you to us, about the Site or the Content (collectively, “Feedback”), we will have the right to use such Feedback at our discretion, including but not limited to incorporating such Feedback into the Site and the right to assign, license or otherwise use such Feedback.
The Site may include product reviews or other interactive features in which you or other users can create, post, upload, transmit, or distribute content, such as comments, reviews, text, or other materials (“User Reviews”). User Reviews may be publicly-viewable along with profile information associated with your online account. You agree that you are solely responsible for your User Reviews and for your use of such aspects of the Site. Use of these portions of the Site are at your own risk. You understand that you may not be able to delete User Reviews after posting. You also assume all risks associated with your User Reviews, including anyone’s reliance on the quality, accuracy or reliability of such User Reviews, and the disclosure of your personal information in connection with such content. If you submit User Reviews, you agree to state your opinions lawfully, honestly and in good faith and to reveal to others any conflict of interest or relationship that might influence your views.
By providing Feedback or posting User Reviews, you hereby grant us a nonexclusive, royalty-free, world-wide, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display such Feedback and User Reviews on the Site and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to you. You represent and warrant that (a) such Feedback and User Reviews are not confidential; (b) you own and control all of the rights, title and interest in and to the Feedback and User Reviews or you otherwise have all necessary rights to post and use such Feedback and User Reviews to the Site and to grant the rights to us that you grant in this Agreement; (c) the Feedback and User Reviews is accurate and not misleading or harmful in any manner; and (d) the Feedback and User Reviews, and your use and posting thereof, do not and will not violate this Agreement or any applicable law, rule or regulation.

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PROHIBITED USES

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You agree to use the Site only for lawful purposes and in accordance with this Agreement. Specifically, you agree that:

  • you will not use the Site in any way that violates New Zealnad or international law or regulation 

  • you will not use the Site to transmit or send unsolicited commercial communications;

  • you will not attempt to gain unauthorized access to, interfere with, damage, disrupt, or circumvent any of the security features of the Site (or the servers, networks, and databases associated with the Site);

  • you will not access (or attempt to access) the Site through any robot, spider, or other automated means (including use of scripts or web crawlers);

  • you will not “screen scrape”, “monitor”, “mine”, “copy”, or “mirror” the Site;

  • you will not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Site without our express written consent;

  • you will not engage in any activity that interferes with, disrupts, or imposes an unreasonable or disproportionately large load on the Site (or the servers, networks, and databases associated with the Site);

  • you will not introduce any spyware, viruses, Trojan horses, worms, keystroke loggers, rootkits, logic bombs, or other material which is malicious or technologically harmful to the Site (or the servers, networks, and databases associated with the Site);

  • you will not use the Site to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

  • you will not edit, modify, correct, adapt, translate, enhance, or otherwise prepare derivative works any content on the Site that is not owned by you or another person or entity for whom you act as their agent;

  • you will not reproduce, redistribute, republish, duplicate, copy, display, sell, rent, sub-license, trade or resell any content or other aspect of the Site for any commercial purpose (except for content specifically and expressly made available for redistribution);

  • you will not remove, delete, efface, alter, obscure, translate, combine, supplement, or otherwise change any trademarks, copyrights, warranties, disclaimers, or other proprietary notations from the Site;

  • you will not impersonate or attempt to impersonate us, our employees, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing);

  • you will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site or develop restricted or password-only access pages, or hidden pages or images; and

  • you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which you may suffer) of any such breach.

Any use of the Site or the Content not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.

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INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE

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Personal information we collect via the Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
 

RELIANCE ON INFORMATION POSTED
 

The information presented on or through the Site, including the Content, is made available solely for general information purposes. We use reasonable efforts to update the information on the Site, and the contents of the Site are subject to change without notice. We do not warrant the accuracy, completeness, or usefulness of this information (including any product, service, description, photograph, pricing or other information). Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site.
In the event of an error—whether on the Site, in an order confirmation, in processing an order, in delivering a product or service or otherwise—we reserve the right to correct such error and to revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
This Site may include content provided by third parties. All statements and/or opinions expressed in these materials, and all content other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
If you have questions about the information presented on the Site, please contact us using the information provided in “Contact Information” at the end of this Agreement.

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