TERMS AND CONDITIONS

Any request for supply of Products (order) you place with us and any Products we sell to you are subject to these Terms and the website Terms of Use which you are deemed to accept by clicking on “I accept” where indicated. 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, or MasterCard 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, trust, partnership or individual;

PPSA means Personal Property Securities Act 1999;

Product means the products on this website which you may order from us;

Service means the Hostservice Commercial online service governed by the website Terms of Use and any other terms and conditions contained on the Site;

Site means the Hostservice Commercial website;

Terms means these terms of sale;

we, our, us means Host Service Limited trading as Hostservice Commercial, its agents, representatives, successors and assigns; and

you, your means the person placing the order for Products on this website pursuant to these Terms, including that person’s successors and assigns. 

2. Ordering

 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 we will endeavour to fulfil your order, we will not be liable to any person if we decline to fulfil an order, or we are unable to supply the Products in your order. No contract for sale and purchase of Products will be formed, or variation or cancellation made, until we confirm acceptance of your order, variation, or cancellation. Some Products may be unavailable from time to time. We reserve the right to alter, upgrade or discontinue any Product or information contained on the Site without notice.

 2.3 We may cancel orders if we believe that they are fraudulent, or if an error has occurred including, without limitation, listing with an incorrect price or information.

3. Price

3.1 The price for the Products will be:

· the price in New Zealand dollars including New Zealand GST and other sales taxes (if any); and

· the costs associated with additional services and delivering the Products to you, as quoted on the Site 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 We may alter the prices of the Products at any time 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 All international orders will be charged in New Zealand dollars and converted into your local currency at the rate applied by your credit card company.

4.3 No GST will be charged on sales of goods dispatched outside of New Zealand. 

5. Delivery

5.1 We will deliver the Products to the premises nominated in your order at your cost (at the rate specified herein) 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.

5.3 We will re-deliver, replace or refund the Product (at our option) if we have incorrectly addressed the delivery. We take no such responsibility if you gave an incorrect or insufficient address.

5.4 Tracking/Estimated Delivery Times

The majority of orders received are shipped the same business day. However, when trying to figure out the expected arrival date for your order, be sure to add 1-business day for processing of the order to the estimated shipping times below. Deliveries are made Monday through Friday only.

5.5 Shipping Times

Most orders received by us before 2.00pm NZ Time are shipped the same business day. If you received our order confirmation email Monday - Friday, before 2.00pm NZ Time, your order will be shipped the same day we received it. Please note that a very small number of orders require extra processing time for various reasons. Those will be shipped the following business day.

If you have ordered an item that is out-of-stock or sold-out, we will attempt to contact you immediately. Kindly understand that a delay may also occur if your credit card was declined or for address verification if your billing address was entered incorrectly.

PLEASE NOTE: Rural and some residential areas may require an additional day(s) delivery time.

6. Title and Risk

6.1 We remain the owner of the Products we supply to you until you have paid in full all amounts that you owe us for all the Products. The Products are at your risk as soon as they leave our premises for delivery to you.

6.2 We recommend that you check your own insurance cover for products in transit from our premises to you.

7. Personal Property Securities Act 1999 (“PPSA”)

7.1. Upon accepting these terms and conditions you acknowledge and agree that:

(a) these terms and conditions constitute a security agreement for the purposes of the PPSA; and

(b) a security interest is taken in all Products (and proceeds of products) previously supplied us to you (if any) and all products that will be supplied in the future by us to you.

7.2. You undertake to:

(a) sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which we may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;

(b) indemnify, and upon demand reimburse, us for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any products charged thereby;

(c) not register a financing change statement or a change demand without the prior written consent of us; and

(d) immediately advise us of any material change in its business practices of selling the products which would result in a change in the nature of proceeds derived from such sales.

8. Overdue Payments and Repossession

8.1 If any unpaid purchase sum due by you is overdue we may, notwithstanding section 109 of the PPSA, repossess and resell the products and the you authorise us to enter on to any premises where the products are being stored to remove them. You indemnify us against liability arising from actions taken by us for the purpose of effecting repossession or as a result of repossession.

9. Limitation of our liability

9.1 You expressly acknowledges that you have purchased the products based on your own decision and that any implied warranty as to merchantable quality and fitness for purpose under the Sale of Goods Act 1908 are excluded from this agreement.

To the extent permitted by law, all express or implied conditions and warranties in connection with the Site, the Service and the sale of any Products are excluded.

9.2 We do not exclude liability under any condition or warranty which cannot be excluded by law. In those circumstances, to the extent permitted by law, we expressly limit our liability for breach of a condition or warranty implied by virtue of any law at our option to:

· the replacement of the Products; or

· the supply of equivalent Products; or

· making a full refund to you.

9.3 We shall not be liable for 

· any sum greater than the cost of repair or replacement of the products, or

· any consequential loss suffered by you, or

· any loss arising from the use of the products by you outside the normal operation of the products, or 

· any loss resulting from any fault or negligence of you, or 

· where the products have been inappropriately, negligently or carelessly operated or maintained.

Where you resupply the Products in trade:

to a person, you must include a term in your contract with that person that, to the extent permitted by law, all express or implied conditions and warranties in connection with the sale of any Products are excluded; and

you must not make any representation in relation to the performance, quality or application of the Products without our prior written approval.

9.4 You indemnify us against any liability or cost incurred by us under the Competition and Consumer Act 2010, any other legislation or regulation or the common law as a result of any breach by you of these terms.

10. Consumer Guarantees Act

10.1 Where the Customer purchases the goods for the purposes of a “business” (as defined by the Consumer Guarantees Act 1993) then the Consumer Guarantees Act is excluded.

11. Our Obligations to You

11.1 The material and information contained on the Site is supplied to enable you to make your own determination as to a Product’s suitability for your purposes prior to placing an order. Nothing on the Site is to be construed as a recommendation to use any Product.

11.2 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.

11.3 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.

11.4 You confirm that these Terms are reasonable having regard to the price payable for the Products and their nature.

12. Authority to use Credit Card Account

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

13. Return of Products

 13.1 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 or credit your Credit Card Account with a full refund.

13.2 For the avoidance of any doubt, you may not return Products because you change your mind.

13.3 You must pay all costs of returning Products to us,us; however, we will refund those costs if we accept the return of Products under clause 130.1. 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. Please return Products to:

Hostservice Commercial, 22 Forests Road,Stoke, Nelson 7011, New Zealand

13.4 If we do not accept the return of Products under clause 130.1, the Product will be returned to you and you will be charged all freight charges incurred by us in relation to returning the Product to you. We may charge your credit card with any moneys incurred by us as a result of this process.

13.5 If you have any problems regarding your order - you may contact us at sales@hostservice.co.nz  (citing an order number).

14. Copyright

You acknowledge that we remain 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.

15. 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, the Site, or the supply or non-supply of Products.

You further agree to indemnify and hold us harmless from any claim or demand, including legal fees on full indemnity basis, made by any third party due to or arising out of:

· a breach of these Terms by you; or

· the infringement by you, or another user of the Service using your name and password, of any intellectual property or other right of any person or entity.

16. Privacy

16.1 In completing and submitting an order for Products, you will be providing us with personal information. Your information and any other personal information that you may provide to us will be held by us in accordance with our Privacy Policy, and will be used for management purposes, to process your order (and any future orders you may make), to enforce any legal or other rights we may have against you in any manner that we see fit, and to keep you informed about new products, specials and other information that may be of interest to you, including without limitation via electronic messages.

16.2 If the information is not provided, your order may not be processed.

16.3 You have rights of access to, and to request correction of, your personal information. To do so contact Hostservice Commercial at sales@hostservice.co.nz

17. Privacy Policy

We recognise the importance of safeguarding your personal and financial information. We need to obtain personal information about you in the course of providing our products and services. Because this information is confidential and important to you, we think it's important you know how we treat your information.

We assure you that we understand your personal information is important and we are committed to protecting your privacy in the online environment.

We only use your personal information to:

· Help us to provide our products and services;

· Improve our service; 

· Inform you of products you have indicated an interest in; 

· Inform you about additional services. 

We will not sell your information to third parties. We may in the future contact you to inform you of services and products available from Hostservice Commercial. If you do not wish to receive these offers please email us or call us on 0800 925 054.

To offer our customers peace of mind we do not store credit card information in our database. Customers are being forwarded to our secure payment gateway provider, DPS PxPay™ for a safe and convenient way of accepting card payments online.

To ensure full security you will need to take appropriate steps to ensure that your Internet browser is capable of supporting our website's encryption requirements. Most versions of Google Chrome or Microsoft Internet Explorer versions 5 and above will support our server authentication and data encryption technology. Our website does not collect personal identifying information about you except where specifically requested by you or us. 

We do use technology in order to offer you the most convenient, secure and relevant services. An example of the technology that we use is a "cookie". Some cookies can be used to provide you with tailored information from a website. A cookie is an element of data that the website can send to your browser, which may then store it on your system. We presently use cookies to maintain our security requirements during your use of our website.

It is also important that you know that to transact with us you do not necessarily need to enable your browser to accept the cookies. Please note some information and/or services may not be available if you disable your browser not to accept cookies. 

You may be able to get your browser to notify you when you receive a cookie giving you the chance to decide whether or not to accept it. For more detailed information we suggest you visit http://www.microsoft.com/ and/or http://www.google.com/chrome  There is also a lot of information on the Internet in respect of cookies. 

Throughout our website the Netratings auditing system is used to measure traffic flows. Further information regarding the Netratings system can be found at http://www.netratings.com/.

Please also note that while our website hyperlinks to various other websites, we are not responsible for the privacy practice of those websites and/or the reliability of the information published on those websites. 

18. General

18.1 Vienna Convention Excluded

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

18.2 No Waiver

Any exercise or failure to exercise any right or remedy available to us does not limit our rights to exercise that or any other right or remedy. A waiver of any of these Terms must be specified in writing and signed by one of our authorised officers.

18.3 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.

18.4 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.

18.5 Assignment

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

18.6 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.

18.7 Variation

We may amend these Terms from time to time by posting new terms and conditions on this Site. These amendments will usually take effect 7 days after the changes have been posted on the Site. You should review these Terms each time you use the Service for any amendments. Please ensure you are familiar with them as changes may have been made to previous versions. Continued use by you of the Service following any amendments to these Terms will constitute your acceptance of the new terms & conditions applying to the Service.

18.8 Jurisdiction

These Terms are governed by, and are to be interpreted in accordance with, the laws of New Zealand. Any disputes between us will be resolved by the courts of New Zealand. To the fullest extent permitted by law, we accept no responsibility for the compliance of these Terms or the supply or non-supply of the Products with the laws of any other country.

19. Internet Security

19.1 Shopping online with your credit card

You are responsible for protecting your own computer(s) and/or network from being affected by viruses or anything else likely to corrupt or compromise your data ("Virus") while using our website. Hostservice Commercial is not responsible if you are unable to access or use the website due to any Virus nor for loss or damage you may suffer as a result of a Virus affecting your computer(s) and /or network. Below are some recommendations to follow:

· Always use a secure browser connection when entering credit card details online. Check that a locked padlock or unbroken key symbol is shown in the bottom right of your browser window and that site has a URL, or web address, that starts with "https".

· Never use your credit card number as a form of identification. Only enter your credit card details when you are ready to make a purchase.

· If you make an online purchase, print out a copy of the transaction for your records.

· Check that the online merchant or store has a return and refunds policy.

· When using your card to purchase online, look for reputable Internet stores. If you are unsure, request more information from them about the company and the goods and services they are selling.

· Contact us immediately if you think someone knows your password;

· Never share, write down or disclose your access codes or passwords to anyone; or store them or your credit card number in a file on your computer.

· Never email credit card or bank account details or disclose them over the phone to a person you don’t know.

· Do not provide your credit card number or expiry date if they are not specifically required for a transaction.

Additional security offered through ‘Verified by Visa’ and ‘MasterCard® SecureCode™' by our Service Provider. Unfortunately, no data transmission over the Internet or data storage solution will be 100% secure. As a result, although we take steps to protect your information, we cannot ensure or warrant the security of any information you transmit to or receive from us or that we store on our or our Service Providers' systems.

20. Data Security

20.1 We collect data on the initiation, conclusion, processing and unwinding of a contract for sale. This data will be collected, stored and processed by us.

20.2 Your visits to our web pages will be logged. The data we collect essentially comprises the IP address currently used by your PC, date and time, type of browser, and operating system of your PC as well as the web sites you have visited. In general, allocation of this data to a person is neither possible nor intended.

20.3 Handling and Forwarding of Data

· The personal information you submit to us when placing an order or by email (e.g. your name and address or your email address) will be stored in our logbook license database. This data will be used exclusively within the framework of the existing contract between the parties for such cases as the settlement of the software sale or support. No handling or use of this data will be made beyond this. We will only forward your data to the logistics company contracted for the delivery if this is necessary for the delivery of the goods. For the settlement of payments, we forward payment data to the credit institution charged with the payment processing.

· We guarantee that we shall not forward your personal data to any third parties beyond this, except for cases where we are required to do so by law or with your advance written agreement. To the extent that we make use of our right to contract service providers for the implementation and settlement of processes, the conditions of the contract will be regulated in accordance with our Privacy Policy

· To offer our customers peace of mind we do not store credit card information in our database. Customers are being forwarded to our secure payment gateway provider, DPS PxPay™ for a safe and convenient way of accepting card payments online.

20.4 Consent and Rescission

· If you have supplied us with any personal information, you may delete it at any time. Data on invoicing and accounting-related purposes shall not be affected by cancellation/rescission or deletion, as applicable.

20.5 Storage Period

· Personal information submitted to us via our web site is only stored until the purpose for which you supplied us with this data is fulfilled. To the extent that storage periods are regulated by commercial or tax law, the storage period may amount to a maximum of 10 years.

20.6 Use of Cookies

· Use of our offers is based on the implementation of a cookie.

· A randomly created session code and your client ID, if applicable, will be stored within the cookie. It is thus possible to recognize you as a registered client.

· A prerequisite for this is that you have activated the cookies in your settings.

20.7 Newsletter

· By registering for our newsletter, your first name, last name and email address will be used for advertising purposes with your permission. The newsletter is dispatched by us. Your permission to receive a newsletter by email may be revoked at any time. Every newsletter will contain a link which allows you to revoke your permission.

20.8 Your Rights, Information

· If for any reason you no longer agree to the storing of your personal information or it has become incorrect, we will initiate the deletion or blocking of your data or implement the necessary corrections on your instruction (to the extent that this is feasible under applicable law). Upon request, you may receive information on all personal information we have stored on your person free of charge.

If you have any questions about the collection, processing or handling of your personal information, or for the purpose of information on, correction, blocking or deletion of data, please contact us by email under sales@hostservice.co.nz