This page (together with the documents referred to on it) tells you the terms on which you may use our website first72.co.nz (Website) (Terms). Use of our Website includes accessing, browsing, or registering to use our Website, as well as purchasing goods or services from us through our Website.

The Website is operated by EPOD New Zealand Limited (we, us, or our). We are a limited liability company incorporated in New Zealand under company number 8618466 and have our registered office at 54 Munroe Street, Napier South, Napier, 4110, New Zealand.

By using our Website, you confirm that you accept these Terms and that you agree to abide by them.

We reserve the right to change the Terms without advance notice by posting new Terms on our Website. If you do not agree to these Terms, please refrain from using our Website. Please check this page from time to time to take notice of any changes we make to the Terms.

If you have any questions, please contact info@epod.co.nz.

ACCESSING OUR WEBSITE

1.1 Access to our Website is on a temporary basis, and we may amend the information on, or withdraw or suspend access to, our Website and/or the goods and services on our Website without notice.

1.2 You are responsible for arranging your own access to our Website and for ensuring that anyone that accesses our Website through your internet connection is aware of and complies with these Terms. You must not use any part of the materials on our Website for commercial purposes.

1.3 You may print one copy and download extracts of any pages from our Website for personal reference only. You must not modify the hard or soft copies of any materials you have printed or downloaded from our Website. You must not use any illustrations, photographs, video or audio sequences or any graphics from our Website without the accompanying text and without acknowledging the source of them.

1.4 We deal with any information we collect from you in accordance with our Privacy Policy. By using our Website, you consent to such dealing and you confirm that all data provided by you is accurate and up to date.

1.5 You must not attempt to gain unauthorised access to the server on which our Website is stored or any server, computer or database connected to our Website.

PROHIBITED USES

2.1 You may use our Website only for lawful purposes and not in any way that breaches any applicable law or regulation. In addition, you may not use our Website:

2.1.1 for harming or attempting to harm any individual;

2.1.2 to send, receive, upload, download, use or re-use any material which does not comply with the standards set out in section 3.2 below;

2.1.3 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and

2.1.4 to create liability for or cause damage to us in any way.

2.2 You will not reproduce, duplicate, copy or resell our Website (or part of it) in breach of any of the provisions in these Terms and will not access, interfere with, damage or disrupt any part of our Website or any equipment or network on which our Website is stored or any software used in the provision of our Website.

UPLOADING MATERIAL TO OUR WEBSITE

3.1 If a feature allows you to upload material to our Website, or make contact with other users of our Website, then any contribution that you make must be accurate (where it states facts), genuinely held (where it states opinions) and comply with applicable law in New Zealand and in any country from which it is posted.

3.2 You must not upload anything to our Website which:

3.2.1 contains defamatory, obscene, offensive, hateful, or inflammatory, violent or sexually explicit material, or any other objectionable content as defined in section

3.2.1.1 of the Films, Videos and Publications Classification Act 1993;

3.2.2 promotes discrimination;

3.2.3 infringes any intellectual property rights or is in breach of any obligation owed to a third party;

3.2.4 is false, inaccurate or misleading;

3.2.5 is (or could considered to be) threatening, cause annoyance, harassment, distress, embarrassment, alarm, inconvenience or needless anxiety to any other person or invade another’s privacy, or

3.2.6 be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they come from us.

3.2.6.1.We have the right to use, copy, distribute and disclose to third parties any material that you upload to our Website for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material uploaded by you constitutes a violation or breach of their rights.

3.2.6.1. We will not be responsible for the content or accuracy of any materials posted by you or any other user of our Website and we have the right to remove any material or posting you make on our Website.

PURCHASING GOODS FROM OUR WEBSITE

4.1 You agree to provide current, complete and accurate information when purchasing goods from our Website.

4.2 Subject to any applicable law or regulation, any goods purchased from our Website may be returned within 14 days of purchase for an exchange or full refund, provided that the good has not been used and is returned in a condition sufficient for re-sale with the relevant valid tax invoice. We reserve the right to reject any damaged, altered, dirty, open or used goods which accordingly will not be exchanged, credited or refunded to you. We will not provide a refund on any shipping costs associated with goods being returned.

4.3 We may make a change to or cancel any order for goods purchased from our Website. We will attempt to notify you of any change to or cancellation of any order for goods purchased from our Website by contacting you via any contract details provided by you. We reserve the right, but are not obligated, to limit the sales of our goods or services to any person, geographic region or jurisdiction. We reserve the right to limit the quantities of any goods or services that we offer on the Website and to discontinue any product at any time.

4.5 All descriptions of goods or pricing are subject to change at any time without notice, at our sole discretion. Changes to any description of goods or pricing will not affect any goods already purchased from our Website. The prices of products on our Website do not include delivery charges. Our delivery charges are as advised to your during the quoting stage or check-out process via the online shop on our Website. Where you place an order that requires international shipping, we will not be responsible for any additional import or customs duty charges.

4.6 All refunds are transacted in the original New Zealand dollar amount listed on the valid tax invoice.

LINKING TO OUR WEBSITE AND FRAMING

5.1 Our Website must not be framed on any other Website. You may link to our home page only, from a Website owned by you and that complies with the standards set out in 3.2, provided you do so legally. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists and any link must not damage our reputation or exploit it.

5.2 We reserve the right to withdraw this permission without notice.

OUR LIABILITY

6.1 The materials posted on our Website are not intended to amount to advice on which you can rely. To the extent permitted by law, we disclaim all liability and responsibility arising from any reliance placed by anyone on such materials.

6.2 The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy, availability or completeness. In particular, the images of the goods on our Website are for illustrative purposes only and we make no representation in respect of the correctness of the goods and the packaging of the goods may vary from that shown on images on our Website. To the extent permitted by law, we expressly exclude:

6.2.1 all conditions, warranties and other terms which might otherwise be implied by law;

6.2.2 any liability whatsoever incurred by any user in connection with our Website or

in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:

6.2.2.1 any indirect or consequential loss or damage; and

6.2.2.2 loss of data, anticipated savings, profits, contracts, business (or business opportunity), income, revenue, goodwill, reputation, or wasted management time.

6.2.3 Nothing in these Terms excludes or limits our liability which cannot be excluded or limited under applicable law.

6.2.4 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other harmful material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

6.3 We will not be liable for any failure to perform, or delay in performance of, any of our obligations under these Terms which is cause by an event which is outside of our control, including without limitation strikes, lock-outs, lockdowns or other industrial action by government, third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. If an event outside our control takes place that affects the performance of our obligations under these Terms, we will contact you as soon as reasonably possible to notify you and our obligations under these Terms will be suspended from the time of the event and our obligations will be extended for the duration of the event outside our control and terminated if such extension exceeds 1 month from the relevant start date. Where the event outside our control affects our delivery of goods to you, we will arrange a new delivery date at our discretion.

INTELLECTUAL PROPERTY RIGHTS

7.1 EPOD and First72 are our trademarks. We are the owner or the licensee of all intellectual property rights in our Website and in the material published on it. Those works are protected by copyright laws and by treaties around the world. All such rights are reserved.

7.2 Our status (and that of any contributors) as author of material on our Website must be acknowledged.

7.3 Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. We do not endorse or make any warranties or representations about the other websites, or any information, software or other goods or materials found there, or any results that may be obtained from using them. Please be aware that the privacy policies applicable to those other websites may be different from the privacy policy applicable to our Website.

7.4 If you provide submissions, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (Comments), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation:

7.4.1 to maintain any Comments in confidence;

7.4.2 to pay compensation for any Comments; or

7.4.3 to respond to any Comments.

We remain the owner of all Comments communicated or delivered to us by you.

VIRUSES AND OTHER OFFENCES

8.1 You must not misuse our Website by knowingly or recklessly introducing viruses or other material which is malicious, harmful or which disrupt the current operation of our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.

SUSPENSION AND TERMINATION

9.1 We will determine, in our sole discretion, whether there has been a breach of these Terms by you and, in such cases, we may take such action as we deem appropriate, including without limitation:

9.1.1 withdrawal of your right to use our Website;

9.1.2 removal of any material uploaded by you to our Website;

9.1.3 legal proceedings or legal action against you; and/or

9.1.4 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

9.2 We exclude liability for actions taken in response to breaches of these Terms.

JURISDICTION AND APPLICABLE LAW

10.1 These Terms and the use of our Website are governed by the law of New Zealand. You submit to the exclusive jurisdiction of the courts of New Zealand.