WEBSITE TERMS OF USE
Welcome to the website of Kitchen Things. Please read these Terms of Use of www.kitchenthings.co.nz (the “Website”) as they apply to your use of the Website. By using this Website, you are deemed to have agreed to be bound by these Terms of Use. If you do not accept these terms you must refrain from using the Website.
AMENDMENTS TO TERMS & CONDITIONS
We reserve the right to amend these Terms of Use from time to time at our discretion. Such revisions will be effective immediately following publication on this Website. By continuing to use this Website after such publication, you agree to be bound by these Terms of Use as revised. You should therefore review these Terms of Use each time before you use the Website.
TERMINOLOGY
In these terms:
(a) “Sales Terms” means Kitchen Things’ terms and conditions of online sale;
(b) “Terms of Use” means these Website Terms of Use;
(c) "we", "us" and "our" are a reference to Kitchen Things New Zealand Limited (company number 2159703) trading as “Kitchen Things” and includes our related entities, including (without limitation), Kitchen Things Holdings Limited, Appliance Works (2015) Limited (trading as “Jones Services”);
(d) “you”, means anyone who visits or uses this website;
ADDITIONAL TERMS
You may need to agree to additional terms and conditions for any promotions or competitions which may be available to you from time to time through this Website, prior to being able to obtain or participate in such promotions or competitions. Any such additional terms and conditions must be read in conjunction with these Terms of Use. In the event of any inconsistency between these Terms of Use and any promotion or competition terms and conditions, the relevant promotion or competition terms and conditions will prevail.
SALE OF GOODS
You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to an error or oversight. In these circumstances, we reserve the right to sell the product at the price displayed instore or otherwise cancel your order. This clause is not intended to limit any rights you may have at law.
DISCLAIMER
We do not accept responsibility for any loss, damage, any consequential indirect or special damage or loss of any kind whatsoever however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Website or any link to any other website (linked website). Nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Website. All
information provided by us pursuant to these Terms of Use is provided in good faith. You accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information from time to time.
In addition, while we make every effort to do so we do not make any representations or warranties that the information (including, but not limited to, graphic information) we provide is reliable, accurate, fit for purpose, complete or free form virus, or that your access to that information will be uninterrupted, timely or secure. You should make your own enquiries and seek advice before acting or relying on any information or material which is made available to you.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms of Use is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but the liability of each party will be limited for a breach of that condition or warranty to one or more of the following:
(a) if the breach relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods;
or
(iv) the payment of the cost of having the goods repaired; and
(b) if the breach relates to services:
(v) the supplying of the services again; or
(vi) the payment of the cost of having the services supplied again.
Provided however that where the condition or warranty relates to the ordering, purchasing, fulfilment and delivery of goods then to the extent of any consistency the Sales Terms shall apply.
You agree to indemnify us and other persons involved in the creation of this Website from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this Website, any information that you provide to us via this Website or any damage that you may cause to this Website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Fair Trading Act 1986.
EXCEPTION TO DISCLAIMER
The disclaimer set out in these Terms of Use does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded. Without limitation, nothing in this disclaimer is intended to exclude, restrict or modify a consumer's rights under the Consumer Guarantees Act 1993 or Fair Trading Act 1993, except to the extent permitted by the same. Nothing in this disclaimer is intended to exclude our obligation under any product warranty that we have given. If and to the extent that such liability cannot be lawfully excluded, these Sales Terms shall be modified to the extent necessary to give effect to the above intention. In the event of any inconsistency between these Terms of Use and any product warranty given by us, the terms of the product warranty will prevail.
SPECIFIC WARNINGS
You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you. You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any linked Website. We do not warrant that your access to this website will be uninterrupted, error free or that any defects will be corrected. Responsibility for the content of advertisements (if any) appearing on this Website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements (if any) does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.
COPYRIGHT
Copyright in this Website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1994 and similar legislation which applies in your location, and except as expressly authorised by these Terms of Use, you may not in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Website;
(b) commercialise any information, products or services obtained from any part of this Website without our written permission
(c) attempt to gain unauthorised access to any portion or feature of the Website, including without limitation, hacking, password mining or otherwise accessing data without authorisation;
We make no representations or warranties that your use of the information on this Website will not infringe the intellectual property rights of any other person, company or entity.
TRADE MARKS
Except where otherwise specified, any word or device to which “TM” or the ® symbol is attached is a trade mark or registered trade mark of Kitchen Things, respectively. If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks in a manner that we have not consented to in writing.
ELECTRONIC MESSAGES
By registering yourself on the Website or providing us with your email address, cell phone number or otherwise, you are consenting to us providing you with information about Kitchen Things NZ’s products and services in electronic form to that email address or cell phone number. To unsubscribe from our electronic communications, use the unsubscribe facility or email us at customerservice@jonesfamilybusiness.co.nz.
RESTRICTED USE
Unless we agree otherwise in writing, you are provided with access to this Website only for your personal use. You are authorised to print a copy of any information contained on this Website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this Website.
LINKED WEBSITES
This Website may contain some hyperlinks to other third-party websites. These sites have not been prepared by us and are not under our control. Those linked websites are provided for your convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites. Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
PRIVACY POLICY
We undertake to treat your personal information in accordance with our Privacy Policy, which you can find on our Website. Our Privacy Policy is deemed to be incorporated into these Terms of Use.
SECURITY OF INFORMATION
Unfortunately, no data transmission over the internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. You should never share your secure information, password or identifier with any other person.
TERMINATION OF ACCESS
Your access to this Website may be terminated at any time by us without notice. The provisions in these Terms of Use relating to copyright, trade mark, disclaimer, limitation of liability, linked websites and governing law will survive any termination.
PARTIAL INVALIDITY
If any provision of these Terms of Use is or becomes invalid or unenforceable, that provision will be deemed deleted from these Terms of Use to the extent that provision is invalid or unenforceable. The invalidity or un-enforceability of that provision will not affect the other provisions of these Terms of Use, all of which will remain in full force and effect to the extent permitted by law, subject to any modifications made necessary by the deletion of the invalid or unenforceable provision.
GOVERNING LAW
These Terms of Use will be subject to the laws of New Zealand and you irrevocably and unconditionally submit to the exclusive jurisdiction of the New Zealand courts. Unless the context indicates otherwise, references to any statutory provision are to statutory provisions in force in New Zealand and include any statutory provision which amends or replaces it, and any by law, regulation, order, statutory instrument, determination or subordinate legislation made under it.
FORUMS
If this Website contains chat rooms, bulletin boards or any other communication forums (“Forum”) you agree to only use the Forums to send and receive material and messages that properly relate to the particular Forum. You agree that when accessing a Forum, you will not:
(a) abuse, threaten, harass, stalk, defame or otherwise violate the legal rights of other users of the Forums;
(b) impersonate any person or entity, or falsely state or otherwise misrepresent yourself
(c) use or transmit the private information of any third party, including, without limitation, names, addresses, phone numbers and email addresses;
(d) publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, or unlawful material or information;
(e) upload files that contain information or software protected by intellectual property laws unless owned or controlled by you or used by consent of the owner;
(f) upload files that contain viruses, corrupted files, or any other software or programmes that may cause damage to the computers of other users of the Forums; and
(g) advertise, or offer to sell any goods or services or conduct or forward surveys, contests or chain letters. You acknowledge and agree that Forums are public communications and that communications by other users are not endorsed by us and may have not been reviewed, screened or approved by us. We, in our sole discretion and without notice, reserve the right to remove any content from the Forums and to deny any user access to this Website or any portion of it.
You acknowledge that we do not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements of users of the Forums.
NO WAIVER
If we do not exercise or enforce any right available to us under these Terms of Use, it does not constitute a waiver of those rights.
CONTACTING KITCHEN THINGS
If you have any questions or concerns in relation to the Website or these Website terms of use or the Terms and Conditions of Sale Online, please contact Kitchen Things at 0800 002 120 or via email at customerservice@jonesfamilybusiness.co.nz.
