1. AGREEMENT TO TERMS
Welcome to www.sportworx.co.nz (the 'Site'), a website hosted and operated by SportWorx 2012 Limited t/a Sportworx ('we', 'our', 'us', and 'Sportworx'). These terms apply to the entire contents of the Site and to email notifications produced by or via the Site. By viewing and using the Site, you will be deemed to agree to these terms.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, copyright in material on the Site is owned by Sportworx or its licensors.
3. YOUR LICENCE TO US FOR CONTRIBUTIONS TO THIS SITE
4. YOUR USE OF THIRD PARTY MATERIAL IN YOUR CONTRIBUTIONS
You are required to obtain a logon – username and password – before being able to enjoy certain features of this website. You must take good care of your logon and keep it secure.
6. TAKING CARE WITH PASSWORDS
You must take reasonable care to:
a. choose a password that is a secret known only to you which cannot be easily guessed;
b. not disclose your password to anyone;
c. not allow anyone to see your password or have the opportunity to see it or record it when you enter it on a computer; and
d. change your password at regular intervals.
7. COMPROMISE OF PASSWORDS
You must immediately change your password and notify us if:
a. you believe the secrecy of your password has been compromised; or
b. you become aware of any unauthorised use of your username or password.
8. IMPROPER USE OF LOGONS
You agree that you will:
a. not knowingly or recklessly use or attempt to use your logon for a purpose for which it was not intended, including any unlawful purpose; and
b. notify us if you know or have reason to believe that there has been or is about to be fraudulent or other unlawful use of your logon.
9. SUSPENSION OF LOGONS
We may suspend or disable your logon if:
a. doing so is considered necessary to protect the security of this website, our services or any person; or
b. your logon is being misused or has otherwise been compromised; or
10. EFFECT OF USING LOGON
You agree that we are entitled to rely on the authenticity and authority of your username and password to process actions or requests you submit to this website and that we may do so without further enquiry.
Visitor material and conduct
11. UNACCEPTABLE USE
You are prohibited from posting or transmitting to or from the Site any material that is illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable.
12. CO-OPERATION WITH AUTHORITIES
We will co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of the previous clause.
13. PRE- AND POST-PUBLICATION MODERATION
Contributions to the Site may be moderated by one or more moderators before or after being published. Those moderators may decline to publish contributions or remove or modify contributions if they are considered to be contrary to the 'Unacceptable use' provision above or irrelevant to the subject-matter of the Site. In some cases, contributions to the Site may be published immediately if the comment author has had previous comment approved.
14. BANNING ABUSIVE COMMENTERS
We reserve the right to terminate a user’s access or ability to post to the comments areas if we believe the commenting facility is being abused.
Ordering products using the site
15. ORDERING PRODUCTS
You may order products by selecting and submitting your order through the Site in accordance with these terms. Any order placed through this Site for a product is an offer by you to purchase that product for the price advertised at the time you place the order, as well as the delivery and any other applicable charges and taxes.
16. REJECTION OF AN ORDER
In certain circumstances, we may need to reject your order. This may happen where the requested product is not available. It may also happen if there is an error in the advertised price or the product description posted on the Site. We will notify you (usually by email) if this happens.
17. BACK ORDERS
If we don’t have your product in stock, then we will try and order the relevant product (a “Back Order”). We will notify you (usually by email) if this happens. If we cannot Back Order a product, we will let you know and suggest some possible alternatives.
18. MINIMUM ORDERS
There is no minimum order amount for ordering via the Site.
19. ADDITIONAL INFORMATION
We may ask you to provide additional details or require you to confirm your details to enable us to process any orders, returns, refunds, exchanges or other e-commerce transactions though the Site or with us.
PRICES AND CHARGES
20. PRICE AND CHARGES FOR ORDERS
We will charge you, and you agree to pay, product for the price advertised at the time you place the order, as well as the delivery and any other applicable charges and taxes.
21. PRICE CHANGES
Prices are charges subject to change from time-to-time and without notice.
22. PAYMENT METHODS
You may pay for your order by any of the methods advertised on the Site or as otherwise notified by us.
23. NON-PROCESSED PAYMENTS
If we are unable to process your payment, we will notify you and seek an alternative payment method. If we are unable to process your payment via your nominated payment method(s), we may cancel your order.
DELIVERY OF PRODUCTS
24. DELIVERY POLICY
We will deliver products in accordance with our Shipping Policy.
25. DELIVERY AREAS
We only deliver products ordered through the Site to areas where we provide delivery services. These are detailed in our Shipping Policy.
26. DELIVERY FEE
We will notify the delivery fee for your order at time of purchase. Very large, over-size or unusual orders may require us to obtain quotes for delivery. We will notify you of such delivery charges prior to dispatch and seek your agreement to incurring those charges.
27. RISK AND TITLE
Risk and title to the products passes to you on the date and time of delivery to your nominated address.
CANCELLING AN ORDER
28. CANCELLATION BY US
We may cancel all or any part of an order at any time if the products ordered in that order are not available, there is an error in the advertised price or the product description, or if we reasonably believe your order has been placed in breach of these terms and conditions. If we do so, we will not charge you and will notify you of this cancellation (usually by email). We will have no liability to you if we cancel all or any part of your order.
29. CANCELLATION BY YOU
You may cancel an order by contacting us on our usual business contact details during business hours prior to the dispatch of that order. Once the order has been dispatched for delivery to you, then you may return the relevant products in accordance with these terms and our Returns Policy.
You must check any Product delivered to you to determine if it is damaged. If a Product is damaged on delivery, then you should refuse to take receipt of that Product and notify us through our Customer Service. If you notice damage to a Product after delivery, you should notify us within 14 days of delivery. If so, you may return the product to us in accordance with this clause.
If you wish to return a Product that is not damaged and that was provided to you under these terms and conditions, then you may return that Product in accordance with our Returns Policy.
Our Returns Policy is incorporated into these terms and conditions. You can view our Returns Policy here. You must provide us with the invoice we issued to you for your order to make a claim under this clause. If you fail to do so, then we may not provide you with a refund.
We will not refund the Delivery Fee where the Products have been delivered to you, unless you are returning the Product because it was damaged.
We are able to customise products at your request. This includes, for example, names and numbers on shirts. The fees for such services are set out on the site, or as otherwise agreed with us.
33. NO RETURNS OF CUSTOMISED PRODUCTS
Notwithstanding clause 31, we are unable to accept returns of any customised products except where there is a manufacturing error. It is therefore very important to ensure the right size and style prior to having you product customised.
We will customise your product exactly as you request. You are responsible for ensuring the accuracy (in particular, the correct spelling) of any customisation. Notwithstanding clause 31, we are unable to accept returns of any customised products due to spelling errors or other inaccuracies that you provided to us.
36. EXCLUSION OF LIABILITY
We disclaim and exclude all liability for any claim, loss, demand or damages of any kind whatsoever (including for negligence) arising out of or in connection with the use of either this Site or the information, content or materials included on this Site or on any website to which it is linked.
The inclusion of links to third party sites does not imply any endorsement of the linked website or its content or provider.
38. CONTRIBUTOR VIEWS THEIR OWN
Views expressed on the Site by our own contributors are their own and do not necessarily reflect an organisational position or policy.
39. NO LIABILITY FOR DISRUPTION OR CORRUPTION
We will not be responsible for any disruption to this Site or for loss or corruption of any information whilst in transit or when downloaded onto any computer system from this Site.
40. AGREEMENT TO PRIVACY STATEMENT
a. such provision will continue to apply, to the maximum extent permitted by law, to other persons or circumstances not affected by the invalidity, illegality or unenforceability;
b. the invalid, illegal or unenforceable provision will be deemed to be amended to reflect the original intention (as determined from this Site) as nearly as possible in accordance with applicable law in respect of those persons or circumstances giving rise to the invalidity, illegality or unenforceability; and
42. CONSUMER GUARANTEES ACT
Nothing in the Consumer Guarantees Act 1993 applies to any products or services acquired via the Site or from us if those products or services are for business purposes, or acquired through a business account.
43. REVISIONS TO TERMS
All fees and charges identified in these terms, and all prices for the products include GST where applicable.
45. GOVERNING LAW AND JURISDICTION