DISPUTES: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
NOTICES: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when setting up or updating your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
WAIVER: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.
RELATIONSHIP OF PARTIES: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.
IMAGERY & CREATIVE CONTENT: If you provide us with imagery of the products via email, or by tagging us on social media networks, you consent to us publishing such imagery and details (including but not limited to your name, location and date) for our marketing purposes including on the Site and social media.
SEVERANCE: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.
ASSIGNMENT: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
AMENDMENT: We may, at any time and at our discretion, vary these Terms by providing you with 30 days’ written notice. If you have a Subscription and you do not agree with the variation, you may cancel your Subscription and terminate these Terms in accordance with the ‘Cancellation’ clause. For One-Off Purchases, prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any One-Off Purchase order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
GOVERNING LAW: These Terms are governed by the laws of New Zealand. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New Zealand and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in New Zealand and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of New Zealand. If you access the Site from outside New Zealand, you do so at your own risk and are responsible for complying with these laws in the place you access the Site.