Creative Kapiti Shop Terms

1. APPLICATION OF TERMS

These Terms apply when you buy products or services through Creative Kapiti. By purchasing products or services through Creative Kapiti, you agree to these Terms. If you do not agree to these Terms, please do not proceed with your purchase.

2. CHANGES

We may change these Terms at any time by updating them on Creative Kapiti website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By purchasing products or services through Creative Kapiti after the Terms have been updated, you agree to be bound by the changed Terms.

We may change, suspend, discontinue, or restrict access to, Chooice without notice or liability.
Terms last updated: These Terms were last updated on 5/10/2020.

3. DEFINITIONS AND INTERPRETATION

1. Definitions: In these Terms:
2. Creative Kapiti means the internet site at www.creativekapiti.nz
3. including and similar words do not imply any limit
4. Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
5. vendor means a person who has set up an account with us to sell products and/or services through Creative Kapiti
6. personal information means information about an identifiable, living person
7. products and services includes goods, services, events, activities, property and accommodation
8. Underlying Systems means the IT solutions, systems and networks (including software and hardware) used to provide Creative Kapiti, including any third party solutions, systems and networks
9. We, us or our means Creative Kapiti
10. You means you, the person purchasing products or services through Creative Kapiti.

4. ABOUT CREATIVE KAPITI

1. Creative Kapiti allows users to discover Kapiti Coast made products and services and support Kapiti creative industries businesses.
2. Creative Kapiti enables you to purchase products and services directly from vendors who have placed listings on Creative Kapiti.
3. We act solely as a facilitator between you and a vendor. Other than our obligations set out in these Terms, we are not liable to you for:
  1. any failure by a vendor to supply products or services you have purchased;
  2. the quality of any such products or services; or
  3. any failure by a vendor to comply with these Terms, the Creative Kapiti Vendor Terms, or any other legal obligation.
4. We do not undertake to monitor or verify vendors or their products or services, including to verify the accuracy of their listings or the quality or suitability of products or services.
5. We will use reasonable efforts to provide Creative Kapiti in accordance with these Terms and New Zealand law.
6. We provide Creative Kapiti on an as is basis, and you use it at your own risk.

5. YOUR OBLIGATIONS

1. You must use Creative Kapiti in accordance with these Terms and solely for lawful purposes.
2. You must provide true, current and complete information in your dealings with us (including when setting up a user profile), and must promptly update that information as required so that the information remains true, current and complete.
3. If you are purchasing products and/or services from a vendor, you agree to be bound by their additional terms and conditions set out on their listing, their website or otherwise made available to you.
4. When purchasing through Creative Kapiti, you must not impersonate another person or misrepresent authorisation to act on behalf of others or us.

6. FEES AND PAYMENT

1. There are no charges for you to browse Creative Kapiti.
2. The price for any products or services you purchase will be displayed to you at the time of purchase.
3. If you are purchasing products and/or services, payments will be processed by our third party payment provider (currently Stripe).

7. INTELLECTUAL PROPERTY

1. We (and our licensors) own all proprietary and intellectual property rights in Creative Kapiti (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.
2. Further information available here: https://www.iponz.govt.nz/about-ip/copyright/

8. PRIVACY

1. When you provide personal information to us, we will comply with the New Zealand Privacy Act 1993 and with our Privacy Policy and Security Policy. (hyperlink)

9. DISCLAIMERS

1. To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:

1. - any product or service that you have purchased through Creative Kapiti, or any failure to receive any such product or service;
  - Creative Kapiti being unavailable (in whole or in part) or performing slowly;
  - any error in, or omission from, any information made available through Creative Kapiti;
  - any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use Creative Kapiti. To avoid doubt, you are responsible for ensuring the process by which you access and use of Creative Kapiti protects you from this; and
  - any site linked from Creative Kapiti. Any link on Creative Kapiti to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or services.

1. Without limiting clause 1:

1. - you rely on information provided by vendors and other Creative Kapiti users at your own risk;
  - you acknowledge we do not, control, inspect, endorse, approve or check the availability, condition or nature of any advertised products and/or services or the accuracy, currency, truth or completeness of the information provided by merchants and it is your responsibility to do so; and
  - it is your responsibility to take any other necessary precautions before purchasing products and/or services.

10. LIABILITY

1. To the maximum extent permitted by law:

1. - you access and use Creative Kapiti at your own risk; and
  - we are not liable or responsible to you or any other person for any Loss under these Terms or in connection with Creative Kapiti, or your access and use of (or inability to access or use) Creative Kapiti. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

1. Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD10.
2. To the maximum extent permitted by law and only to the extent clauses 1 and 10.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with Creative Kapiti, or your access and use of (or inability to access or use) Creative Kapiti, must not exceed NZD10.

11. SUSPENSION AND TERMINATION

1. Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to Creative Kapiti (or any part of it).
2. On suspension or termination, you must immediately cease using Creative Kapiti and must not attempt to gain further access.
3. Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 7, 8, 9, 10 and 3, continue in force.

12. GENERAL

1. If we need to contact you, we will try to do so directly by email or phone or we may do so by posting a notice on Creative Kapiti. You agree that this satisfies all legal requirements in relation to written communications.
2. These Terms, and any dispute relating to these Terms or Creative Kapiti are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or Creative Kapiti.
3. For us to waive a right under these Terms, that waiver must be in writing and signed by us.
4. If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
5. These Terms set out everything relating to your use of Creative Kapiti and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to Creative Kapiti that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.

End.