iCube | Terms and Conditions
iCube website terms and conditions 2016.
21826
page-template-default,page,page-id-21826,ajax_fade,page_not_loaded,,select-child-theme-ver-1.0.0,select-theme-ver-3.2.1,wpb-js-composer js-comp-ver-4.12,vc_responsive

Website Terms & Conditions

 

In using the Website icubeconcepts.com, you agree to be bound by these terms of use set out below.  If you do not accept these terms of use, please exit the Website immediately.

1.    Definitions
“You/Your” means you, the user of the Website.
“We/Us/Our” means iCube® Limited who provides the Website.

2.    Third party Websites
2.1    You agree that we are not responsible for, nor do we endorse, any third party Websites or content which you access in the course of using the Website.  This includes any reliance upon or offence taken/caused by content, advertising, products or services accessed.

3.    Security means of accessing the Website
3.1    You agree not to access or use the Website in any manner that could damage, disable, overburden, or impair any of our accounts, computer systems or networks.  You agree not to attempt to gain unauthorised access to any parts of the Website or any of our accounts, computer systems or networks.  You agree not to interfere or attempt to interfere with the proper working of the Website or any of our accounts, computer systems or networks.

4.    Liability
4.1    We will not be liable for any damages, including without limitation, indirect or consequential damages, howsoever arising out of your use of the Website or in respect of any of your actions or omissions taken in reliance on any information contained on the Website or any Website to which the Website is linked.

5.    Disclaimer
5.1    We have used reasonable care and skill in compiling the content of the Website but make no warranty, express or implied, as to the nature or accuracy of any material on the Website and cannot accept liability for any particular material on the Website or as a result of any use of or reliance placed upon information contained within the Website.
5.2    We do not guarantee or warrant the Website will be uninterrupted, without delay, error-free, omission-free, or free of viruses.

6.    Indemnity
6.1    To the maximum extent permitted by law, you agree to indemnify and hold us harmless against any and all losses, claims, costs, expenses, actions, demands, damages, liabilities or any other in proceedings, whatsoever incurred by us in respect of any claim by a third party arising from or connected to any breach by you of your obligations under the terms of use.

7.    Modifications to Website
7.1    We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof), and these terms of use with or without notice.  You agree that we shall not be liable to you or to any third party for any modifications, suspension or discontinuance of the Website.

8.    Privacy Policy
8.1    We are concerned about your privacy and have developed a policy to address privacy concerns.
8.2    We will only collect personal information where it is necessary to properly conduct its business.  The collection of information may be in person, during telephone conversations or in writing.
8.3    We will not disclose personal information to a third party for marketing purposes.  Any personal information held by us is kept confidential however, if required, we may disclose personal information to third parties in certain situations where it is reasonable to.  Such instances might include, but are not limited to:

(a)    Internal research, planning, accounting and administrative purposes;

(b)    To enable third parties to provide the gifts or services;

(c)    For any reasonable financial, auditing or quality compliance purposes; and

(d)    Any situation that may be required by law.

9.    No unlawful or prohibited use
9.1    You agree not to use the Website for any purpose that is unlawful or prohibited by these terms of use, or the rules, guidelines or terms and conditions posted for a specific area of the Website provided on or through the Website.

10.    Termination of use
10.1    We may, in our sole discretion, at any time discontinue providing or limit access to the Website or any areas of the Website.  You agree that we may, in our sole discretion, at any time, terminate or limit your access to or use of the Website if you are determined to have breached the terms of use.  You agree that we will not be liable to you or any third-party for any termination or limitation of your access to or use of the Website.

11.    Limitation of liability
11.1    Except to the extent prohibited by law, we will not otherwise be liable to you for:

(a)    lost revenues, loss of profits, loss of business, or any incidental, indirect, consequential, special, or punitive damages of any kind or nature, including such damages arising from breach of these terms of use or use by you or by a third party of the Website, whether such liability is asserted on the basis of contract, tort (including but not limited to negligence), in equity or other, whether or not foreseeable, even if we have been advised or were aware of the possibility of such loss or damage; or

(b)    truth, accuracy, sequence, timeliness or completeness of any information provided by or processed by the Website, or for errors, mistakes or omissions therein or for any delays or interruptions in the operation of the Website.

12.    Governing law and jurisdiction
12.1    The products, services and information mentioned on the Website are only available in New Zealand.  We do not accept responsibility for the compliance of the products, services and information mentioned in the Website with the laws of any other country.  Unless otherwise stated, all references to dollars are to New Zealand dollars.
12.2    The Website is governed by New Zealand law and all users irrevocably submit to the exclusive jurisdiction of that law.

 

iCube® Online Store Terms of Sale

The following terms and conditions apply in relation to your purchase on icubeconcepts.com. By browsing and (where applicable) purchasing from the iCube® online store you agree to be bound by these terms and conditions. Your use of a Product is also subject to any additional terms and conditions which apply specifically to that Product. These terms prevail over any inconsistent terms in any other communication or agreement.

1 .    Definitions

“Credit Card Account” means your Visa, MasterCard or American Express account as notified to us in your order form;

“GST” means goods and services tax payable under the Goods and Services Tax Act 1985;

“Intellectual Property” includes (without limitation) any right to, and any interest in, any patent, design, trade mark, trade name and all goodwill rights associated with such works, copyright, trade secrets and any other proprietary right or form of intellectual property (protectable by registration or not) in respect of any know-how, technology, concept, idea, specification, formula, drawing, photograph, image, document, programme, design, system, process, logo, mark, style or other thing of similar nature, conceived, used, developed or produced by any person;

“person” includes a corporation, association, firm, company, partnership or individual;

In these terms and conditions, reference to “we and “us” means iCube® Limited and “our” has a corresponding meaning

“You” means you our customer under these terms and conditions and “your” has a corresponding meaning.

“Product” means the products on this website which you may order from us; we, our, us means iCube® Limited, its successors and assigns; and you, your means the person placing the order for Products on this website pursuant to these terms, including that persons successors and assigns;

2.      Your Order

2.1
You must:
– only order Products in accordance with the instructions on this website; and
– pay for the Products in full (without set-off or deduction of any kind) by authorising us  to charge your Credit Card Account.

2.2
While iCube® has endeavoured to ensure that the information provided on the iCube® online store is free from error, we do not warrant its accuracy, adequacy or completeness, and to the extent permitted by law we shall not be responsible or liable for any error in, or omission from, the information provided on the iCube® online store. We reserve the right to make changes to the information provided on the iCube® online store at any time without notice.

2.3
Your placement of an order via the iCube® online store on icubeconcepts.com is an offer to purchase our Products in accordance with these terms and conditions. We may accept your order by processing your payment and shipping the Product, or may, for any reason, decline to accept your order or any part of your order. No order shall be considered accepted by is until the Product has been despatched to you. If we decline to accept your order, we will attempt to notify you using the e-mail address you have provided with your order. We reserve the right to alter, upgrade or discontinue any Product or information contained on this website without notice.

3.     Price

3.1
The price for the Products will be:
– Unless expressly stated otherwise, all prices displayed on the iCube® online store are stated and payable in US dollars, plus GST and other sales taxes (if any); and
– the costs associated with additional services and delivering the Products to you,
as quoted on this website at the time of placing your order.

3.2
Where you require the Products to be packaged in a non-standard manner, we may charge for the cost of the packaging in addition to the costs set out in clause 3.1 above.

3.3
Products displayed on the iCube® online store, and their prices, are subject to change without notice.

4.     International Orders

4.1
You are liable for the payment of any local country import duty, customs or sales taxes levied on the Products purchased.

4.2
New Zealand GST will be charged at 0% on all supplies of exported Products.

4.3 All international purchases will be charged to your credit card at the exchange rate applicable at the time of purchase.

5.      Delivery

5.1
We will deliver the Products to the premises nominated in your order at your cost within a reasonable time of accepting your order. If we have specified a delivery date, we will try and deliver the Products to you by that date. Time will not be of the essence and we will not be liable to you for late delivery. Late delivery does not entitle you to cancel any order or part of any order.

5.2
We may deliver the Products to you by instalments and each delivery will be a separate contract independent from the other deliveries.

6.      Title and Risk

6.1
Title to, and responsibility for, each product you order from the iCube® online store passes to you when the product is delivered to you.

7.      Consumer Guarantees Act

7.1
Nothing in these terms affect any rights you may have as a “consumer” under the New Zealand Consumer Guarantees Act 1993.

7.2
You confirm that if you are acquiring the Products for business purposes the Consumer Guarantees Act 1993 will not apply.

7.3
Where you resupply the Products in trade:
– to a person acquiring them for the purposes of a business, you must have a term in your    contract with that person that the Products are being acquired for the purposes of a business    and that the Consumer Guarantees Act 1993 does not apply in respect of those Products;    and
– you must not make any representation in relation to the performance, quality or application of    the Products without our prior written approval.

7.4
You indemnify us against any liability or cost incurred by us under the Consumer Guarantees Act 1993 as a result of any breach by you of these terms.

8.      Our Obligations to You

8.1
The material and information contained in this website is supplied to enable you to make your own determination as to a Products suitability for your purposes prior to placing an order. Nothing in this website is to be construed as a recommendation to use any Product.

8.2
To the fullest extent permitted by law, we disclaim all warranties, descriptions, representations or conditions in respect of the Products, whether express or implied, including (without limitation) warranties as to merchantability and fitness for any purpose.

8.3
You agree that we, and anyone that we are responsible for, are not liable to you at law, by statute, in equity or otherwise arising from our relationship for any loss (including, without limitation, loss of profits), cost, damage, expense or injury, whether direct, indirect, special or consequential, arising directly or indirectly from, or in connection with, the supply or non-supply of the Products, for any breach of our obligations under these terms, or for any other reason which relates to these terms or the Products.

8.4
If, despite the other provisions of these terms, we are found to be liable to you then, without limiting your obligation to indemnify us in accordance with these terms, our liability for any single event or series of related events is limited to the amount you paid for the Product which gave rise to your claim. 8.5 You confirm that these terms are reasonable having regard to the price payable for the Products and their nature.

9.      Authority to use Credit Card Account

You warrant that you are authorised to use your Credit Card Account by the relevant credit card company.

10.      Return of Products

10.1
Subject to your rights at law, we will only accept the return of Products if:
– we accept that the Products were damaged or faulty at the time of delivery to you, in
which case we will (at our option) replace the Products or credit your
Credit Card Account with a full refund; or
– we accept that you have received a Product from us that is different to the one you ordered,
in which case we will (at our option) replace the incorrect Product with the correct
Product .

10.2
You must pay all costs of returning Products to us. All Products returned must be in their original condition and packaging (except for defective or faulty Products) along with any accompanying accessories and an explanation for returning the Products.

10.3
If you have any problems regarding your order – you may contact us at [email protected]

11.      Copyright

You acknowledge that iCube® Limited remains the sole owner of all Intellectual Property rights in the Products, including, for the avoidance of doubt all copyright in the design, layout and formatting of the Products. You must not copy, alter, reproduce or publish any Product or any part of a Product, nor permit any person to do so, except as authorised by these terms, or otherwise in writing by us.

12.      Indemnity

You agree to indemnify and keep us indemnified against all loss (including, without limitation, loss of profits), costs, damage, expense or injury, whether direct, indirect, special or consequential, arising directly or indirectly from, or in connection with, your access to, or use of, this website, or the supply or non-supply of Products.

13.      Privacy

13.1
We will comply with our Privacy Policy (displayed separately on our website) and you accept this policy as governing our use of the personal information we receive about you as an individual.

14.      General

14.1
We reserve the right to change these terms and conditions from time to time by publishing changed terms on icubeconcepts.com. When revised terms and conditions are published on icubeconcepts.com, all orders submitted by you after the revised terms and conditions are published shall be subject to the terms and conditions as revised.

14.2
If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall, to the maximum extent possible, remain in full force and effect.

14.3 Vienna Convention Excluded
The United Nations Convention on Contracts for the International Sale of Goods (1980) does not apply to these Terms of Sale.

14.4 Express Rights
The exercise by us of any express right set out in these terms (“express right”) is without prejudice to any other rights, powers or remedies available to us in these terms, at law or in equity, including any rights, powers or remedies which would be available to us if the express rights were not set out in these terms.

14.5 Severance
Where any part of these terms is rendered void, unenforceable or otherwise ineffective by operation of law, that will not affect the enforceability or effectiveness of any other part of these terms.

14.6 Assignment
You must not assign your rights, or subcontract your obligations, under these terms without our prior written consent.

14.7 Application of these terms
These terms prevail over any inconsistent terms in any other communication or agreement, even if at some later date we, or our agents, sign or otherwise purport to accept the terms of that communication or agreement.

14.8 Variation
We may vary these terms at any time without notice to you.

14.9 Jurisdiction
This website is governed by, and is to be interpreted in accordance with, New Zealand law. Any disputes between us will be resolved by the New Zealand courts. To the fullest extent permitted by law, we accept no responsibility for the compliance of the information on this website or the supply or non-supply of the Products with the laws of any other country.