Chooice Shop Terms

1. APPLICATION OF TERMS

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

2. CHANGES

    1. We may change these Terms at any time by updating them on Chooice. 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 Chooice after the Terms have been updated, you agree to be bound by the changed Terms.
    2. We may change, suspend, discontinue, or restrict access to, Chooice without notice or liability.
    3. Terms last updated: These Terms were last updated on 29/07/2020.

3. DEFINITIONS AND INTERPRETATION

    1. Definitions: In these Terms:
    2. Chooice means the internet site at https://chooice.co.nz/, or such other site notified to you by us
    3. Chooice Merchant Terms means the Chooice merchant terms available at https://chooice.co.nz/vendor-terms-and-conditions/
    4. including and similar words do not imply any limit
    5. 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
    6. merchant means a person who has set up an account with us to sell products and/or services through Chooice
    7. personal information means information about an identifiable, living person
    8. products and services includes goods, services, events, activities, property and accommodation
    9. Terms means these terms and conditions titled Chooice Shop Terms
    10. Underlying Systems means the IT solutions, systems and networks (including software and hardware) used to provide Chooice, including any third party solutions, systems and networks
    11. We, us or our means Chooice.co.nz Limited, company number 7994616
    12. You means you, the person purchasing products or services through Chooice.

4. ABOUT CHOOICE

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

5. YOUR OBLIGATIONS

    1. You must use Chooice 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 merchant, 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 Chooice, 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 Chooice.
    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 Chooice (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.

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 set out at https://choice.co.nz/privacy-policy/. 

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 Chooice, or any failure to receive any such product or service;
      2. Chooice being unavailable (in whole or in part) or performing slowly;
      3. any error in, or omission from, any information made available through Chooice;
      4. 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 Chooice. To avoid doubt, you are responsible for ensuring the process by which you access and use of Chooice protects you from this; and
      5. any site linked from Chooice. Any link on Chooice to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or services.
    2. Without limiting clause 1:
      1. you rely on information provided by merchants and other Chooice users at your own risk;
      2. 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
      3. 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 Chooice at your own risk; and
      2. we are not liable or responsible to you or any other person for any Loss under these Terms or in connection with Chooice, or your access and use of (or inability to access or use) Chooice. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
    2. 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.
    3. 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 Chooice, or your access and use of (or inability to access or use) Chooice, 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 Chooice (or any part of it).
    2. On suspension or termination, you must immediately cease using Chooice 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 may do so by posting a notice on Chooice. You agree that this satisfies all legal requirements in relation to written communications.
    2. These Terms, and any dispute relating to these Terms or Chooice 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 Chooice.
    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 Chooice 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 Chooice 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. 

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