Terms & Conditions
WE ARE LOCAL TERMS AND CONDITIONS OF SERVICE
Welcome to the We are Local website (our "Service"). This page (together with the documents referred to on it) tells you the terms and conditions on which Products are provided and delivered by independent resellers (our "Partner Resellers"). Our Partner Resellers supply any of their goods or services (the "Products") listed on our site to you.
If you have any questions relating to these terms and conditions please contact firstname.lastname@example.org before you place an order. If you do not accept these terms and conditions in full please do not use our Service.
1. INFORMATION ABOUT US
wearelocal.co.nz is a website operated by Back 9 Design Limited ("we" or "us" or "We are local"), incorporated and registered in New Zealand and operated from a physical address in Invercargill, New Zealand. Our Company registration number is 2191953.
The purpose of our Service is to provide a simple and convenient service to you (the Customer), linking you to the Partner Reseller and Products of their choice and allowing you to order said products. We are Local advertises Products on behalf of our Partner Resellers and completes orders on their behalf. The Partner Reseller is then responsible for delivering the Product(s) to you.
When you place an order through our Service, an email thanking you for your order and confirming your order has been received (the "Confirmation Email") will be sent to you by We are Local on behalf of the Partner Reseller. The contract for the payment of any Products you order through us will be between you and the Partner Reseller and will only be formed when you have clicked ‘complete order’ and your credit card transaction has processed successfully. Please ensure that you have given us a correct email address, as email is the primary way we and/or the Partner reseller will communicate with you about your Order. Please also ensure that you provide an accurate delivery address and mobile phone number to ensure that your Product(s) arrive at the correct location.
All Products are subject to availability. We are Local makes no guarantees for product availability. Availability is determined by the Partner Reseller and provided to We are Local. Should an ordered product be unavailable, you should contact the Partner Reseller for a resolution.
5. SALE OF ALCOHOL
We are Local DOES NOT promote NOR are they responsible for the sale, purchase or supply of any alcohol product(s) as part of our Service. Any Alcohol sold via the We are Local platform is at the discretion of 1the Partner reseller who shall be licensed to carry out their business pursuant to the Sale of Liquor act 2012. As such, neither We are Local nor Back 9 Design Limited is the seller or supplier of any such alcoholic product(s) and the Partner Reseller accepts and holds all responsibility of the sale and supply of Liquor.
By completing and paying for your order, you are permitting the selected Partner Reseller to begin preparation of your order. Once you have received confirmation of your order we cannot cancel any order. Please check your final order before confirming your purchase.
7. PRICE AND PAYMENT
The price of any Products will be listed on our Service and include GST. Prices are liable to change at any time. Payment for all Products can be made by credit or debit card through our Service. We accept payment from both Visa and Mastercard. Once your order has been confirmed, your credit or debit card will have been authorised and the amount marked for payment. Payment is made directly to We are Local and is then passed on by We are Local to the Partner Reseller. We are authorised by our Partner Resellers to accept payment on their behalf which removes your obligation to directly pay that Reseller for that same order.
In the unlikely event that we or a Partner Reseller cannot complete your order, we reserve the right to refuse or cancel your order and any dispute should be taken up with the Partner Reseller. While we strive to ensure that the prices and descriptions listed on wearelocal.co.nz are accurate - if there is an honest human error on our site, we reserve the right to refuse or cancel your order. In the event where we need to cancel your order you will be promptly refunded the total sum of your order.
8. DELIVERY POLICY
Delivery of any physical products is the responsibility of the Partner Reseller.
9. REFUND POLICY
If for any reason you are not completely satisfied with the service you receive from We are Local please contact us at email@example.com. If you are not satisfied with the Product(s) you have received from one of our Partner Resellers, please contact them directly.
All refunds are completely at the discretion of Partner Reseller and refunds will not be processed by We are Local.
10. OUR LIABILITY
To the extent permitted by law, We are Local provides our Service and content on an "as-is" and "as available" basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our Service, or that it will be timely or error-free or that defects will be corrected. Subject as provided below, neither We are Local nor any Partner Reseller shall have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or your inability to use our Service. In the event that We are Local or the Partner Reseller is found to be liable to you, our total aggregate liability is limited to the final price of the Product(s) you have paid for in your order. This does not include or limit in any way We are Local’s or any Partner Reseller’s liability for any matter for which it would be illegal for us or it to exclude, or attempt to exclude, our or it’s liability, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.
11. EVENTS OUTSIDE OUR CONTROL
No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion, or civil commotion. For the avoidance of doubt, nothing in clause 11 shall excuse the Customer from any payment obligations under this Agreement.
Neither you, We are Local, nor the Partner Reseller shall be responsible to the others for any delay or non-performance of its obligations under this agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion, or civil commotion.
If any provision of this agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.
14. ENTIRE AGREEMENT
These terms contain the whole agreement between the parties relating to its subject matter and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.
15. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
16. LAW AND JURISDICTION
1. INFORMATION ABOUT US
wearelocal.co.nz is a website operated by Back 9 Design Limited ("we" or "us" or "We are local"), incorporated and registered in New Zealand and operated from a physical address in Invercargill, New Zealand. Our Company registration number is 2191953. We are Local is a business where the Products are provided and delivered by independent resellers (our "Partner Resellers")
2. ACCESSING OUR SERVICE OR OUR SERVICES
Access to our Site and to our Service is permitted on a temporary basis, and we reserve the right to withdraw or amend access to our Site or our Service without notice (see below). We will not be liable if, for any reason, our Site or our Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Site or our Service, or our entire Site or Service to users. You are responsible for maintaining the confidentially of your login details and any activities that occur under your account. If you have any concerns about your login details or think they have been misused, you should contact firstname.lastname@example.org straight away to let us know. We can deactivate your account at any time.
3. ACCEPTABLE USE
You may use our Service only for lawful purposes. You may not use our Site or our Service in any way that breaches any applicable local, national or international law or regulation or to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards in clause 4 below. You also agree not to access without authority, interfere with, damage or disrupt any part of our Site or our Service or any network or equipment used in the provision of our Service.
4. CONTENT STANDARDS
These content standards apply to any and all material which you contribute to our Service (the "Contributions"), and to any interactive services (including social media) associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contributions as well as to its whole. Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in New Zealand and in any country from which they are posted. Contributions must not:
contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory, promote sexually explicit material or promote violence or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
infringe any copyright, database right or trademark of any other person;
be likely to deceive any person or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or promote any illegal activity;
be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case;
advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
5. SUSPENSION AND TERMINATION
immediate, temporary or permanent withdrawal of your right to use our Service;
immediate, temporary or permanent removal of any posting or material uploaded by you to our Service;
issuing of a warning to you;
legal action against you including proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.
6. INTELLECTUAL PROPERTY RIGHTS
We are the owner of or the licensee of all intellectual property rights in our Site and our Service, and in the material published on it (excluding your Contributions). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our site in any way except for your own personal, non-commercial use.
7. RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our Service are not intended to amount to advice on which reliance should be placed. We, therefore, disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Service, or by anyone who may be informed of any of its contents.
8. OUR SITE AND OUR SERVICES CHANGE REGULARLY
We aim to update our Site and our Service regularly, and may change the content at any time. If the need arises, we may suspend access to our Site and our Service, or close them indefinitely. Any of the material on our Site or our Service may be out of date at any given time, and we are under no obligation to update such material.
9. OUR LIABILITY
We have taken every care in the preparation of our Site and our Service. However, we will not be responsible for any errors or omissions in relation to such content or for any technical problems you may experience with our Site or our Service. If we are informed of any inaccuracies on our Site or in our Service we will attempt to correct this as soon as we can. To the extent permitted by law, we exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Site, our Service, and any website linked to our Site and any materials posted on it. This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
10. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE AND USE OF OUR SERVICE
11. UPLOADING MATERIAL TO OUR SITE AND OUR SERVICE
Any material you upload to our Service or data that we collect as set out above (section 11) will be considered non-confidential and non-proprietary, and you acknowledge and agree that we have the right to use, copy, distribute, sellm and disclose to third parties any such material or data for any purpose related to our business. To the extent that such material is protected by intellectual property rights, you grant us a perpetual, worldwide, royalty-free licence to use, copy, modify, distribute, sell, and disclose to third parties any such material or data for any purpose related to our business.
12. LINKS FROM OUR SITE
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
13. JURISDICTION AND APPLICABLE LAW
15. YOUR CONCERNS
If you have any concerns about material which appears on our website, please contact email@example.com