© 2016 Neat 'n' Sweet Originals Ltd. All rights reserved.

Terms and Conditions

NEAT N SWEET TERMS AND CONDITIONS OF USE

1.       Terms and Conditions

1.1     This Website (‘the Website”) is operated by Neat n Sweet Originals Limited, (“We”, “Us”, or Our”).

1.2     Through the Website, We provide access to information relating to the Neat n SweetTM sheet system (“the Product”) and the ability to purchase the Product.

1.3     By using the Website you (“You” or “Your”) agree to be bound by these Terms and Conditions.

1.4     These Terms and Conditions, together with the Privacy Policy, the Instruction Sheet (both available on the Website) and any other documents that you may sign with Us, represent the entire agreement between You and Us regarding Your Use of the Website and the purchase and use of the Product. If there is a conflict between these Terms and Conditions and any other document agreed between us, the Terms and Conditions will prevail for the purposes of interpretation.

1.5     We may change these Terms and Conditions and give notice to You by posting amended Terms and Conditions on the Website at any time.  Your subsequent use of the Website will be deemed Your acceptance of the amended Terms and Conditions.

2       The Product

2.1    We will take all reasonable care to ensure that the Product is fit for the purpose for which it has been designed.  However, You acknowledge and agree that We, Our subsidiaries, officers and partners accept no liability for any loss arising from Your use of the Product or any other product supplied by Us.

2.2    We agree that upon payment for the Product, we will arrange delivery to the address that you provide.  However, we accept no risk for damage to or loss of the Product from the time that it leaves our premises; risk in the product passes to you upon delivery to or pick up by the delivery company that we employ to make delivery of the Product.

3       Using the Product
3.1    You agree to use the Product in accordance with the Instructions set out on the Product and on the Website.

4       Payments
4.1    You will pay for the Product at the time of purchase.

5       Refunds and early cancellation fees
5.1    We will not refund any payment You make to Us except as required by law.

6       Intellectual property
6.1     All copyright, trade marks and other intellectual property rights subsisting in the Property and the Website are and will remain Our sole property.
6.2     You may not remove Our trade marks, copyright symbols, or any other statement or device which asserts Our intellectual property rights from the Product.
6.3     You may not copy, modify, or otherwise interfere with any part of the Website.

7       Maintenance
7.1    We may run routine tests, undertake maintenance, or upgrade any part of the Website. We will not be liable for any disruption to Your use of the Website.

8       Notices
8.1    We will send all notices to You at the email address You provide and deliver the Product to you to the physical address you provide when you make an order.
8.2    You must send all notices to Us using the contact details published on the Website.

9      No warranty

9.1    NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS AND CONDITIONS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ANY WARRANTY THAT THE PRODUCT IS FIT FOR ANY PARTICULAR PURPOSE. 

9.2    TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE IS ERROR FREE OR THAT YOUR USE OF IT WILL BE UNINTERRUPTED. 

9.3    YOU ACCEPT ALL RISK AND ANY LIABILITY ARISING FROM YOUR USE OF THE WEBSITE AND THE PRODUCT. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS (INCLUDING SPECIAL, DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES) OR ANY CLAIMS, PROCEEDINGS, COSTS, DEMANDS, LIABILITIES AND EXPENSES INCURRED BY YOU ARISING OUT OF OR RELATING TO YOUR USE  OF THE WEBSITE OR THE PRODUCT, OR BY ANY THIRD PARTY USE OF THE WEBSITE OR PRODUCT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR EQUITY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

9.4   YOU AGREE TO INDEMNIFY US AND OUR LICENSORS AGAINST ALL ACTIONS, PROCEEDINGS, COSTS, CLAIMS, DEMANDS, LIABILITIES AND EXPENSES WHATSOEVER ARISING FROM:

(a)    YOUR USE  OF THE WEBSITE AND THE PRODUCT;

(b)    YOUR BREACH OF THESE TERMS AND CONDITIONS.

9.5   IF WE ARE PROHIBITED BY LAW FROM EXCLUDING ALL LIABILITY, OUR AGGREGATE LIABILITY IN RELATION TO ANY CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE OR THE PRODUCT SUPPLIED TO YOU BY US UNDER THESE TERMS AND CONDITIONS WILL IN ANY EVENT BE ABSOLUTELY LIMITED TO THE AMOUNT PAID TO US BY YOU FOR THE PRODUCT.

10     Governing law
10.1  These Terms and Conditions will be construed in accordance with the laws of New Zealand, and in terms of the enforceability of these Terms and Conditions shall be deemed “in writing” and “accepted” by both parties. Any disputes arising out of Our relationship with You shall be referred to and finally resolved by arbitration in New Zealand, in accordance with the Arbitration Act 1996 or any re-enactment of that Act.  The arbitration will be by one arbitrator, to be agreed upon by the parties.  If the parties fail to agree upon an arbitrator within 21 (twenty-one) days, an arbitrator will be appointed by the President of the New Zealand Law Society or his/her nominee.
10.2  Nothing in these terms and Conditions prevents a party from issuing court proceedings in relation to any dispute that requires urgent interim relief.

10.3 Should you wish to prosecute for offences committed outside of New Zealand (including the territorial sea of New Zealand) these prosecutions must be brought back to New Zealand and be prosecuted under New Zealand jurisdiction.

11     Invalid terms severable

11.1  If any of the terms, conditions or provisions in these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, then such term, condition or provision will to that extent be severed from the remaining terms, conditions or provisions which will continue to be valid.

12    No waiver
12.1  If We waive any of Our rights in relation any breach by You of these Terms and Conditions, that waiver will not be a continuing waiver in relation to other breaches by You.