Personal Information is information about a living human being which can identify that person or be capable of identifying that person.
We may collect Personal Information from you in a number of ways. For example, we collect Personal Information from you when you:
Some Personal Information may also be automatically collected, such as your computer’s or mobile device’s internet protocol address, your computer’s or mobile device’s operating system, the browser type, the address or your referring website, and the time and date of your visit and interactions with us or our service.
If you make any purchases from us or through our service, billing and credit card information may be required. All such credit card transactions are fully encrypted and your billing and credit card information is collected and stored by us or a trusted third party. Any third party credit card vendor will be prohibited from using this information for any purpose other than storing the credit card details.
Some of the information we collect may be collected automatically by use of a “cookie”. Cookies are small text files that reside on your computer and identify you as a unique user. Cookies enable us to monitor your progress throughout our services and track your status when ordering products from us. You can choose to set your browser to reject cookies or you can manually delete individual or all of the cookies on your computer by following your browser’s help file directions. However, this may result in you having trouble accessing and using some of our pages and features from our service.
We use the Personal Information that we collect to complete a contact or request, to provide our service, to better understand your needs, to further our marketing, to improve our products and services, and to contact you.
The Personal Information held by us may be necessary to enable us to deliver our service to you. If we are not provided with Personal Information, we may be unable to deliver, or unable to deliver in full, our service to you.
We may disclose Personal Information in good faith on the belief that we are lawfully authorised to do so, or that doing so is reasonably necessary to comply with legal processes or authorities, respond to any claims, or to protect the rights, property or personal safety of us, our users, our employees or the public. Information about our users, including Personal Information, may be disclosed or transferred as part of, or during, negotiations of any merger, or sale of company assets or acquisition.
You hereby authorise us to disclose details about you to law enforcement authorities in the event we become aware or reasonably believe you are involved in activities which are illegal whether in New Zealand or in any other relevant jurisdiction.
We have taken steps, by such security safeguards as it is reasonable in the circumstances to take, to ensure that Personal Information we hold under our control is protected against:
And, that if it is necessary for the Personal Information to be given to a person in connection with the provision of a service to us, everything reasonably within our power is done to prevent unauthorised use or unauthorised disclosure of the Personal Information.
Your account information is accessible online only through the use of a password. To protect the confidentiality of Personal Information, you must keep your password confidential and do not disclose it to any other person. You are responsible for all uses of our service by any person using your password. Please notify us immediately if you believe your password has been misused.
We give you the opportunity to opt-out of receiving communications from us and to view, correct or remove your Personal Information.
If you want to view, correct or remove your Personal Information, some Personal Information may be accessed and changed or removed by you online or alternatively by you contacting us at [email protected] . If you have received unwanted, unsolicited email sent by us or purportedly sent by us, please forward a copy of that email with your comments to i[email protected] so that we can take prompt action.
This Terms of Service is a legally binding agreement made by Under5 Small Business Limited (5499226 New Zealand) (“Under5 Small Business”, ”we”, “us”, “our”) and you, personally and, if applicable, on behalf of the entity for whom you are using this website and engaging in our service (“you”, “your”). This Terms of Service governs the terms of your access and use of our service and our products including but not limited to this website or any other website owned, operated, licensed or controlled by us and any associated software, website, web widgets, feeds and applications for third party websites and services, and any other mobile or web services or applications owned, controlled, or offered by us (collectively being the “Service”).
We reserve the right to make changes to this Terms of Service at any time. Your continued use of the Service constitutes your approval and acceptance to any new or modified provision of this Terms of Service that may be posted on our website. We will post the amended Terms of Service on this page and include the date this Terms of Service was last revised.
You must be at least 18 years old to download and use the Service. If you do not qualify, you may not visit our website or use the Service.
You must comply with all of the terms and conditions of this Terms of Service, any policies referred within or on our website, and all applicable laws, regulations and rules when you use our website and the Services. Subject to the terms and conditions of this Terms of Service, you are hereby granted a limited, revocable, non-exclusive right to use the Services and the content and materials on our website in the normal course of your use of the website.
By downloading and/or using the Service, you consent to receiving electronic communications and notices from us. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any applicable legal communication requirements, including formal service of notices and delivery of any communications required to be in writing.
You agree with and accept our rights to intellectual property as follows:
We may remove content that in our sole discretion appears to infringe the intellectual property rights of others. In addition, we will, in our sole discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe any materials accessible on or from the Service infringes your intellectual property rights, we ask that you contact us at i[email protected] and provide to us the following information:
We maintain a policy that in appropriate circumstances we will terminate accounts of any person or people whom, at our discretion, are repeat offenders of intellectual property rights infringements.
You represent and warrant to us that:
You agree to indemnify, hold harmless and release us, our officers, directors, shareholders, affiliates, and our and their licensors, suppliers and partners, from any claims, losses, damages, liabilities, including legal fees, arising out of your:
We reserve the right, at our own expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims.
We do not guarantee, undertake, assert or represent that:
We make no warranties other than those made expressly in this Terms of Service. As such, we hereby disclaim any and all implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability and non-infringement. Any content downloaded or otherwise obtained through the use of the Service or our website is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download.
We reserve the right to change our fees, including subscription fees, at any time, without notice.
We reserve the right to charge our fees, including subscription fees, in the currency or currencies of our choice. You are responsible for any currency conversion charges or additional bank fees that you may incur for currency conversion.
To the maximum extent permitted by applicable law, in no event shall we, our affiliates, associates, dealers, agents or suppliers be liable for any , indirect, exemplary, punitive, special, incidental or consequential damages whatsoever (including but not limited to damages arising from breach of contract, warranty, tort or strict liability for loss of profits, loss of data, loss of goodwill, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever), arising out of or in any way related to the use of or inability to use the website or the Service, regardless of the cause of action on which they are based, even if we or such aforementioned other affiliated entities have been advised of the possibility of such damages.
You hereby acknowledge and accept that in no event will our liability to you exceed $100 (United States dollars).
You hereby acknowledge and accept that in no event are we obliged to furnish you with technical support.
The website and the Services are controlled and operated from facilities in New Zealand. We make no claims that our website and the Services may be lawfully accessed, used or downloaded outside of New Zealand or that the content or material of the Services complies with laws outside of the laws of New Zealand. Any such use, content or material of the website and the Services may not be lawful by certain persons or in certain territories. If you access any of these from outside of New Zealand, you do so at your own risk and you undertake to us that you are responsible for compliance, and you will at all times maintain compliant, with the laws of whatever jurisdiction you are in at the time.
All payments made to us are final and non-refundable. A refund will only be given in situations where we are required to provide one under New Zealand law or at our sole discretion.
We will not be liable to you for failing to perform under this Terms of Service if by the occurrence of any event beyond our reasonable control, including, without limitation, a labour disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to us to perform, fire, terrorism, natural disaster or war.
All notices given by you to us must be given to us at [email protected]. We may give notice to you at the email address you provide to us when you register, or in any of the ways specified in law. Notice will be deemed received and properly served immediately when our email to you is sent, and in your case, your email to us is received and acknowledged by us by return email to you. In proving the service of any notice from us to you, it will be sufficient for us to prove that such email was sent to your email address.
This Terms of Service, and the rights of the Parties, are governed by and construed in accordance with the laws of New Zealand.
Each of the Parties irrevocably agrees that the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any suit, action, or proceedings, and to settle any disputes which may arise out of or in connection with this Terms of Service, and, for such purposes, irrevocably submits to the jurisdiction of such courts.
Any action against us (including but not limited to arbitration proceedings) may only be effected in Hamilton, New Zealand.
Any dispute or claim that you have with the Service must be brought to our attention so that we can promptly discuss it with you.
In the event a dispute or claim is not resolved by consultation between the parties, the dispute or claim will be referred to arbitration in New Zealand.
The arbitration will be led by one arbitrator to be agreed on by the parties. If they fail to agree on an arbitrator within twenty-one days, one will be appointed by the President of the Arbitrators’ and Mediators’ Institute of New Zealand Inc.
The Arbitrator’s award will be final and binding.
You acknowledge and accept that we may, in our sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the website or the Services, temporarily or permanently, at any time without notice to you.
Your rights under this Terms of Service will automatically terminate without notice from us if you fail to comply with any term of this Terms of Service. In the event of such termination, you must cease all use of the website and the Services and we may immediately terminate, restrict or prohibit your access to the Service.
If your account is terminated, we may, in our sole discretion, delete any websites, files, graphics or other content or materials relating to your use of the website or the Services on servers owned by or operated for us or otherwise in our possession, and we will have no liability to you or any third party for doing so. Following termination, you will not be permitted to use the website or the Services. If your account or your access to the website or the Services is terminated, we reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to the website or the Services, including, but not limited to, technological barriers, IP mapping and direct contact with your Internet Service Provider (ISP). If your account is terminated, you must immediately pay us any fees that you owe. Regardless of whether you have the right to access or use our website or the Services, this Terms of Service will survive indefinitely unless and until we choose to terminate it.
Any provision of this Terms of Service may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Terms of Service shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Terms of Service shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Terms of Service.
If any provision of this Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
We may assign our interest in this Terms of Service. We may also assign or delegate certain rights and responsibilities of ours under this Terms of Service to independent contractors or other third parties. You may not assign or transfer your interest in this Terms of Service.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms of Service, and shall not be deemed to limit or affect any of the provisions hereof.
This is the entire agreement between us relating to the subject matter of the Terms of Service and shall not be modified except by a change to this Terms of Service made by us as set forth above.
Our contact details are:
Under5 Small Business Limited
14 Achilles Rise, Hamilton 3210, New Zealand [email protected]