{"id":1849,"date":"2020-08-20T22:34:18","date_gmt":"2020-08-20T22:34:18","guid":{"rendered":"https:\/\/www.nzmps.co.nz\/?page_id=1849"},"modified":"2020-08-20T22:35:30","modified_gmt":"2020-08-20T22:35:30","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/www.nzmps.co.nz\/terms-and-conditions\/","title":{"rendered":"Terms and Conditions"},"content":{"rendered":"\n<p><strong>The use of this Website is\nsubject to these Terms and Conditions (inclusive of Our standard Terms and\nConditions for the supply of Goods and Services, Privacy Policy, Refund Policy\nany other documents referred to herein) which constitutes the full agreement\nbetween You and Us. <\/strong><\/p>\n\n\n\n<p><strong>Please\nread these Terms and Conditions carefully before You use the Website. <\/strong><\/p>\n\n\n\n<p><strong>By\nusing the Website, You indicate that You have, effective upon the date on which\nYou have used the Website, read, accepted and agreed to be bound by these Terms\nand Conditions.<\/strong><\/p>\n\n\n\n<p><strong>If\nYou do not agree with these Terms and Conditions, You should cease using the\nWebsite immediately.<\/strong><\/p>\n\n\n\n<p><strong>Definitions<\/strong><strong><\/strong><\/p>\n\n\n\n<p>\u201cAgreement\u201d means the terms and conditions\ncontained herein, together with any quotation, order, invoice or other document\nor amendments expressed to be supplemental to this Agreement. <\/p>\n\n\n\n<p>\u201cWe\u201d, \u201cUs\u201d, \u201cOur\u201d or \u201cOurselves\u201d\u201d means Marine Protection Solutions NZ Limited, its\nsuccessors and assigns or any person acting on behalf of and with the\nauthority of Marine Protection Solutions NZ Limited.<\/p>\n\n\n\n<p>\u201cYou\u201d, \u201cYour\u201d or \u201cYourself\u201d\u201d means any person\/s (end user) being of the legal age\nof eighteen (18) years.<\/p>\n\n\n\n<p>\u201cIncidental item(s)\u201d means goods and\/or services that may be purchased\nor sold through this Website to be supplied and\/or provided by the Seller to\nYou, as specified on Our Website.<\/p>\n\n\n\n<p>\u201cWebsite\u201d means a location which is accessible on the Internet through\nthe World Wide Web and which provides multimedia content via a graphical User\nInterface.<\/p>\n\n\n\n<p>\u201cProhibited Content\u201d means any content on any advertising media that:<\/p>\n\n\n\n<ul><li>is,\nor could reasonably be considered to be, in breach of the Broadcasting Act 1989;\nthe Fair Trading Act 1986, the Consumer Guarantees Act 1993; or any other\napplicable law or applicable industry code; or<ul><li>contains, or could reasonably be considered to\ncontain, any misrepresentations; or is, or could reasonably be considered to\nbe, misleading or deceptive, likely to mislead or deceive or otherwise\nunlawful; or<\/li><\/ul><ul><li>is, or could reasonably be considered to be, in\nbreach of any person\u2019s Intellectual Property Rights (including, but not limited\nto, the distribution of digital files or any other material in which We do not\nown the copyright).<\/li><\/ul><\/li><\/ul>\n\n\n\n<p>&#8220;Personal Information&#8221; means any information that identifies\nor can be used to identify You, directly or indirectly. Examples of Personal\nInformation include, but are not limited to, first and last name, date of\nbirth, email address, gender, occupation, or other demographic information.<\/p>\n\n\n\n<p>&#8220;Confidential Information\u201d means information of a confidential\nnature whether oral, written or in electronic form including, but not limited\nto, this Agreement, a party\u2019s Intellectual Property, operational information,\nknow-how, trade secrets, financial and commercial affairs, contracts, Seller\ninformation and pricing details.<\/p>\n\n\n\n<p><strong>Acceptance<\/strong><\/p>\n\n\n\n<p>We reserve the right to change any of the\nTerms and Conditions displayed on this Website (including our Privacy\nPolicy) at any time by notifying You through this Website that We have done so.\nBy continuing to use this Website it shall be deemed that You agree to be bound\nby the amended terms and conditions as notified and posted on the Website.<\/p>\n\n\n\n<p>If You intend to transact through this Website (i.e purchase goods\nand\/or services) then You warrant that You are at least 18 years of age, that\nYou have the power to enter into this Agreement and You acknowledge that this\nAgreement creates binding and valid legal obligations upon You.<\/p>\n\n\n\n<p><strong>Compliance with Laws<\/strong><\/p>\n\n\n\n<p>You represent and warrant that Your use of this Website will comply with\nall applicable laws and regulations (including but not limited to, EU Data\nPrivacy Laws (including the General Data Protection Regulation \u201cGDPR\u201d)\n(collectively, \u201cEU Data Privacy Laws\u201d) and the New Zealand Privacy Policy Act 2020\n(including Part II of the OECD Guidelines and as set out in Schedule 8 of the\nAct) or any other applicable laws.<\/p>\n\n\n\n<p><strong>Privacy Policy <\/strong><\/p>\n\n\n\n<p>We are committed to protecting Your Privacy in accordance with New\nZealand Privacy Principles. We also recognise that when You choose to provide\nUs information about Yourself that You trust Us to act responsibly and in Your\nbest interests therefore We have the following policies in place to protect\nYour personal information. <\/p>\n\n\n\n<p><strong>Storing Your Information<\/strong><\/p>\n\n\n\n<p>We will take all reasonable steps to ensure that Your information held\nby Us is accurate up-to date, complete, applicable, is not misleading and will\nonly be used for the purposes stated in this document and\/or Our Privacy\nPolicy. We will maintain security safeguards to protect Your information and\nwill take all reasonable steps to ensure that Your information is not disclosed\nto any unauthorised person or entity.<\/p>\n\n\n\n<p><strong>Securing Your Information<\/strong><\/p>\n\n\n\n<p>When making a transaction through this Website Your information will\npass through a <strong>secure server using SSL<\/strong>\n(secure sockets layer) encryption technology. The encryption process ensures\nthat Your information can not be read by or altered by outside influences.<\/p>\n\n\n\n<p><strong>Information We Collect <\/strong><\/p>\n\n\n\n<p>When You request Goods or Services We may collect Personal Information\nsupplied by You when You complete an online form in order to facilitate the\npurchase of Goods and\/or Services. Such information will enable Us to process Your\ntransactions efficiently, analyse our Website services and enable Us to provide\na higher level of customer service (which may include informative or\npromotional activities).<\/p>\n\n\n\n<p>We may also collect the following information\/tracking data for\nstatistical purposes and to help Us understand how to make Our Website more available\nand user friendly for You and to measure the success of any advertising activities\nWe may under take:<\/p>\n\n\n\n<ul><li>Your IP address.<\/li><li>The date and\ntime of Your visits to Our Website.<\/li><li>Your clicks\nand activity on this Website.<\/li><li>The referring\nWebsite if any through which You clicked through to this Website.<\/li><li>Technical\ninformation on Your browser, device and operating systems.<\/li><\/ul>\n\n\n\n<p><strong>Information We Release<\/strong><\/p>\n\n\n\n<p>We will only release information about You as authorised by Yourself,\nrequired by law or where required in order for Us to provide Goods or Services\nto Yourself e.g to third party suppliers, or delivery companies. Where supplied\nto such third parties the information provided will only be sufficient for the\nthird party to perform their services and may not be used by them for any other\npurpose.<\/p>\n\n\n\n<p>We will not release Your information for any purpose which You could\nreasonably expect us not to release the information. <\/p>\n\n\n\n<p>Except as detailed above We do not share, give, sell, rent, or lease\ninformation to third parties and Your Personal Information will only be\ndisclosed to those employees within Our organisation who have a need to know in\norder to ensure You are provided with information about Our products and\nServices or to request Goods and Services through this Website.<\/p>\n\n\n\n<p>Under the Privacy Act legislation You can ask to see any information We\nmay hold about You and You also have the right to have any inaccuracies in the\nsame corrected by Us. We will comply with any such requests to the extent\nrequired by the Privacy Act legislation within fourteen (14) days of the\nreceipt of Your request. We may ask you to verify your identity in order to\nhelp us respond efficiently to your request.<\/p>\n\n\n\n<p><strong>Other Data Protection Rights<\/strong><\/p>\n\n\n\n<p>You may have the following data protection rights:<\/p>\n\n\n\n<ul><li>To access, correct, update or request deletion of Personal Information. We will take all reasonable steps to ensure that the data We collect is reliable for its intended use, accurate, complete and up to date. <\/li><\/ul>\n\n\n\n<ul><li>In addition, individuals who are residents of the European\nEconomic Area \u201cEEA\u201d can object to processing of their Personal Information, ask\nto restrict processing of their Personal Information or request portability of\ntheir Personal Information. You can exercise these rights by contacting Us\nusing the contact details provided in the &#8220;Questions and Concerns&#8221;\nsection below. <\/li><\/ul>\n\n\n\n<ul><li>Similarly, if Personal Information is collected or\nprocessed on the basis of consent, the data subject can withdraw their consent\nat any time. Withdrawing Your consent will not affect the lawfulness of any\nprocessing We conducted prior to Your withdrawal, nor will it affect processing\nof Your Personal Information conducted in reliance on lawful processing grounds\nother than consent.<\/li><\/ul>\n\n\n\n<ul><li>The right to complain to a data protection\nauthority about the collection and use of Personal Information. For more\ninformation, please contact your local data protection authority. Contact\ndetails for data protection authorities in the EEA are available at http:\/\/ec.europa.eu\/justice\/article-29\/structure\/data-protection-authorities\/index_en.htm.<\/li><\/ul>\n\n\n\n<p><strong>Questions &amp; Concerns<\/strong><\/p>\n\n\n\n<p>If You have any questions or comments, or if You have a concern about\nthe way in which We have handled any privacy matter, please use Our <a href=\"https:\/\/mailchimp.com\/contact\/\">contact form<\/a> via this Website to send Us a message. You\nmay also contact Us by postal mail or email at:<\/p>\n\n\n\n<p><strong>For EEA Residents:<\/strong><strong><\/strong><\/p>\n\n\n\n<p>For the purposes of EU data\nprotection legislation, Bronwyn Clough is the Data Protection Officer (DPO) of\nYour Personal Information. Our Data Protection Officer can be contacted at <a href=\"mailto:info@nzmps.co.nz\">info@nzmps.co.nz<\/a><\/p>\n\n\n\n<p><strong>For Non-EEA\nResidents:<\/strong><\/p>\n\n\n\n<p><strong>______________________<\/strong><\/p>\n\n\n\n<p><strong>Attention: Privacy Officer<\/strong><\/p>\n\n\n\n<p><strong><a href=\"mailto:info@nzmps.co.nz\">info@nzmps.co.nz<\/a><\/strong><strong><\/strong><\/p>\n\n\n\n<p><strong>Postal Address: PO Box 10512, Te Rapa, Hamilton 3241<\/strong><strong><\/strong><\/p>\n\n\n\n<p><strong>Cookies<\/strong><\/p>\n\n\n\n<p>We and Our partners may use various technologies to collect and store\ninformation when You use this Website, and this may include using cookies and\nsimilar tracking technologies, such as pixels and web beacons. These web\nbeacons track certain behavior such as whether the email sent through the Website\nwas delivered and opened and whether links within the email were clicked. They\nalso allow Us to collect information such as the recipient\u2019s:<\/p>\n\n\n\n<ul><li>IP address, browser, email client type and\n     other similar details;<\/li><li>Tracking Website usage and traffic;<\/li><li>Reports are available to Us when We send email\n     to You, so We may collect and review that information.<\/li><\/ul>\n\n\n\n<p>These cookies <strong>do not read Your\nhard drive <\/strong>but may be stored on Your hard drive to enable Our Website to\nrecognise You when You return to the same.<\/p>\n\n\n\n<p><strong>Mailing Lists<\/strong><\/p>\n\n\n\n<p>If at any time You are on a mailing list of Ours\nthen You may request to be removed from the same and We will comply with Your\nrequest if there is no unsubscribe button provided then please contact Us with\nYour request using the \u201cContact Us\u201d section of this Website.<\/p>\n\n\n\n<p><strong>Returns, Damaged or Defective Goods<\/strong><\/p>\n\n\n\n<p>Our policy in relation to Returns, Damaged or Defective Goods shall be\nas specified in Our standard Terms and Conditions for the supply of Goods and\nServices. We shall not accept returns for change of mind or if You make a wrong\ndecision unless due to our negligence or incorrect information supplied by Ourselves.<\/p>\n\n\n\n<p><strong>Copyright and Trademarks<\/strong><\/p>\n\n\n\n<p>The contents of this Website are at all times the copyright or trademark\nproperty of either Ourselves, Our suppliers or linked third parties and You may\nnot distribute, reproduce, display, publish any trademark or other content of\nthis Website for any purpose whatsoever without the prior written approval of Us,\nOur suppliers or linked third parties (each as applicable). Furthermore You\nagree to indemnify Us against any claims, costs, damages or losses incurred by Us\nshould You fail to comply with this clause. <\/p>\n\n\n\n<p><strong>Advertisers and Linked Sites <\/strong><\/p>\n\n\n\n<p>The display on Our Website of any advertiser or the provision of a link\nto third party Websites does not constitute Our endorsement of either the\nadvertiser or third party provider or any of their Website content or business\npractices. As We do not have any control of the content of any third party Websites,\naccess to such Websites is at Your sole risk and We recommend that You\nthoroughly review the terms and conditions of use and the Privacy policies of\nany third party Website immediately once You access such a Website. <\/p>\n\n\n\n<p>We shall accept no liability in regards to any dealings, promotions or\nactivities between Yourself and advertisers or third party providers.<\/p>\n\n\n\n<p><strong>Specifications and Information<\/strong><\/p>\n\n\n\n<p>Specifications and information provided on this Website are given in\ngood faith based on Our knowledge, experience, or information provided to Us by\nmanufacturers and\/or suppliers, or derived from sources believed to be accurate\nat the time the information is received by Us, therefore it is recommended if You\nhave any concerns as to the suitability of Goods or Services provided through\nthis Website in respect of the use of the Goods or Services or their\nsuitability for a particular use that You contact Us or seek external\nprofessional opinion.<\/p>\n\n\n\n<p>You acknowledge and accept that colours of items displayed on the Website\nmay not reflect the true and actual colour of such items as this may be\naffected by external influences such as the quality of images supplied to Us\nfor use, or the quality, age or settings on Your monitor. If colour is a major\nfactor in Your decision making We recommend You contact Us before purchase.<\/p>\n\n\n\n<p><strong>On-Line Ordering<\/strong><\/p>\n\n\n\n<p>Display on this Website does not guarantee the availability of any\nparticular Good(s) therefore all orders placed through this Website shall be\nsubject to confirmation of acceptance by Us. Orders for Services shall be\nsubject to confirmation of suitable timeframes between You and Ourselves for\nprovision of the Services.<\/p>\n\n\n\n<p><strong>Continuous Service<\/strong><\/p>\n\n\n\n<p>Due to the inherent nature of Websites We cannot guarantee uninterrupted\nor continuous availability of this Website and You accept that the Website may\nalso be unavailable from time to time for maintenance or scheduled upgrades.\nWhere able We shall give You advanced warning of the same. We shall accept no\nliability in relation to Website downtime whether scheduled or otherwise.<\/p>\n\n\n\n<p><strong>Termination of Use <\/strong><\/p>\n\n\n\n<p>These terms and Your access to Our Website may be terminated by Us (at Our\nsole discretion) at any time without notice or any requirement to give You a\nreason why. In the event of termination under this clause We shall have no liability\nto You whatsoever (including for any consequential or direct loss You may\nsuffer). <\/p>\n\n\n\n<p><strong>Jurisdiction<\/strong><\/p>\n\n\n\n<p>This Website (excluding any linked third party sites) is controlled by Us\nfrom Our principal business premises in New Zealand. Our servers are located in\nNew Zealand, Singapore and\nthe US, so Your information may be transferred to, stored, or processed\nin New Zealand, Singapore\nand the US. It can be accessed from countries around the world to the\nextent permitted by the Website. As each country has laws that may differ from New\nZealand, by accessing this Website, You agree that the laws and statutes of New\nZealand shall apply to any dealings, actions or claims arising out of, or in\nrelation to, this agreement, or Your use of this Website, irrespective of any\nconflict with any laws and statutes applicable to Your country of domicile.<\/p>\n\n\n\n<p>In addition, We or Our subcontractors may use cloud technology to store\nor process Personal Information, which may result in storage of data outside New\nZealand. It is not practicable for Us to specify in advance which country will\nhave jurisdiction over this type of offshore activity. All of Our\nsubcontractors, however, are required to comply with the New Zealand Privacy\nAct in relation to the transfer or storage of Personal Information overseas.<\/p>\n\n\n\n<p>You further acknowledge and agree that the filing of a claim against Us\n(if any) must be made in New Zealand in which Our principal business premises\nin New Zealand is domiciled, and that any legal proceedings will be conducted\nin English.<\/p>\n\n\n\n<p>We make no representation that Goods or Services offered through this Website\nare appropriate, available or suitable for use in countries outside of New\nZealand, and accessing any material or content from, or through, this Website\nwhich is illegal in Your country of domicile is strictly prohibited. &nbsp;<\/p>\n\n\n\n<p><strong>General<\/strong><\/p>\n\n\n\n<p>The failure by either contracting party to enforce any provision of\nthese terms and conditions shall not be treated as a waiver of that provision,\nnor shall it affect that party\u2019s right to subsequently enforce that provision.\nIf any provision of these terms and conditions shall be invalid, void, illegal\nor unenforceable the validity, existence, legality and enforceability of the\nremaining provisions shall not be affected, prejudiced or impaired.<\/p>\n\n\n\n<p>We shall be under no liability whatsoever to You for any indirect and\/or\nconsequential loss and\/or expense (including loss of profit) suffered by You\narising out of a breach by Us of these terms and conditions (alternatively Our\nliability shall be limited to damages which under no circumstances shall exceed\nthe Fee of the Services).<\/p>\n\n\n\n<p><strong><em>Message Boards<\/em><\/strong>: We provide Message\nBoards for the use of Our Website users. The Message Boards may not be used to\npromote Websites or any commercial or business activity. We are not responsible\nfor any of the opinions expressed in the Message Boards. By posting a message\nto the message board You agree to take full legal responsibility and liability\nfor your comments, including for offensive or defamatory statements.<\/p>\n\n\n\n<p><strong><em>Feedback: <\/em><\/strong>Feedback is provided\nfor the purpose of facilitating trading by You on Our Website. Feedback\nprovided on other parties must not contain offensive, defamatory, retaliatory\nor inappropriate language or content. We may remove any feedback that is\nconsidered to be offensive, defamatory, retaliatory or inappropriate. <\/p>\n\n\n\n<p>You may only give feedback\nthat relates to a specific transaction. You must not post feedback on a\ntransaction that does not relate to that specific transaction. <\/p>\n\n\n\n<p>You must not post feedback\nabout Yourself or include any contact details or Personal Information in Your\nfeedback. <\/p>\n\n\n\n<p>Neither\nparty shall be liable for any default due to any act of God, war, terrorism,\nstrike, lock-out, industrial action, fire, flood, storm or other event beyond\nthe reasonable control of either party.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The use of this Website is subject to these Terms and Conditions (inclusive of Our standard Terms and Conditions for the supply of Goods and Services, Privacy Policy, Refund Policy any other documents referred to herein) which constitutes the full agreement between You and Us. 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