clikToolz™ STANDARD TERMS & CONDITIONS
IMPORTANT: Please read these terms carefully before you access or use this website. If you do not agree with any of these terms do not access or use this website.
1. DEFINITIONS
1.1 “clikToolz™” shall mean clikToolz™ a division of Design in Mind Limited a duly incorporated company in New Zealand, or any agents or employees thereof.
1.2 “Customer” shall mean you, the customer or any person acting on behalf of and with the authority of the Customer and any person accessing this website, or any person purchasing goods or services from ClikToolz™.
1.3 “GST” means goods and services tax chargeable in accordance with the New Zealand Goods and Services Tax Act 1985.
1.4 “Price” shall mean the price to be paid for Products and Services as specified by clikToolz™ from time to time.
1.5 “Products and Services” shall mean all goods, products, services and advice provided by clikToolz™ to the Customer, and all associated services and all charges for materials, insurance charges, or any fee or charge associated with the supply of Products and Services by clikToolz™ to the Customer.
2. ACCEPTANCE
2.1 By accessing or using this website, including purchasing any Products and/or using any Services, you agree to be bound by these terms and conditions and any subsequent amendments.
3. COLLECTION AND USE OF INFORMATION
3.1 The Customer authorises clikToolz™ to collect, retain and use any information you provide for the purpose of processing your order, assessing your credit worthiness, enforcing any rights under this contract, undertaking any dealings or transactions with you, or marketing any Products and Services provided by clikToolz™.
3.2 The Customer authorises clikToolz™ to disclose any information supplied by you or otherwise obtained, to any person for the purposes set out in clause 3.1.
3.3 Where the Customer is a natural person the authorities under clauses 3.1 and 3.2 are authorities or consents for the purposes of the Privacy Act 1993.
4. PRICE
4.1 Where no Price is stated in writing or agreed to orally the Products and Services shall be deemed to be provided at the current amount as such Products and Services are provided by clikToolz™ at the time of the contract.
4.2 clikToolz™ may alter the Prices of Products and Services at any time without notice.
4.3 Prices may be specified in US Dollars and unless specifically stated otherwise shall include GST(if any)
5. PAYMENT
1.1 Unless expressly agreed otherwise in writing by clikToolz™, Customers must pay for Products and Services online via our website, by credit card in accordance with our online payment terms. clikToolz™ currently uses the services of PayPal and Payloadz to provide payment systems. You can find out more about how PayPal and Payloadz encrypts and processes transactions by visiting www.paypal.com and www.payloadz.com.
5.2 If a Customer’s credit card payment is declined by its financial institution, or you are not the authorised holder of the credit card, delivery of the relevant Product will not be made. clikToolz™ reserves the right to refuse to accept payment from any particular Customer by credit card for any reason whatsoever.
5.3 clikToolz™ may at any time change the way in which a Customer pays for Products and Services, and any change will be notified via this website.
6. DELIVERY
1.1 Delivery of Products and Services shall be via direct download to your computer, unless specified otherwise by clikToolz™. clikToolz™ shall be entitled to withhold delivery of Product in the event that the Customer fails to comply with these terms.
7. RISK
7.1 Risk in the Products passes to the Customer immediately upon delivery.
7.2 Before you purchase you must take the time to evaluate any Products and ensure these are suitable for you. To the extent permitted by law, refunds will not be given for Products for any reasons whatsoever, including but not limited to the Customer’s lack of knowledge of the functionality, limitations or restrictions of any Product.
7.3 Delivery of Products shall be deemed complete when clikToolz™ gives possession of the Products to the Customer, or possession of the Products is given to a common carrier, or other bailee for the purposes of transmission to the Customer.
8. TITLE AND SECURITY
1.1 Title in any Products and Services supplied by clikToolz™ passes to the Customer only when the Customer has made payment in full for all Products and Services and of all other sums due to clikToolz™ by the Customer on any account whatsoever. Until all sums due to clikToolz™ by the Customer have been paid in full, clikToolz™ has a security interest in all Products and Services.
9. WARRANTY
1.1 All representations, terms, warranties, guarantees or conditions whether implied by statute or otherwise, including but not limited to implied warranties, guarantees, or conditions of merchantability and/or fitness for a particular purpose are excluded to the fullest extent permitted by law. The Customer acknowledges that the Customer does not rely on any representation or statement made by or on behalf of clikToolz™ other than the express provisions of these terms and conditions. The Customer shall ensure that the Products are not used for any purpose for which they are not suitable and shall be responsible for complying with any terms of use and for using the necessary skill and care in relation to the Products. All Products are accepted by the Customer entirely at the Customer’s risk.
10. LIABILITY
10.1 The liability of clikToolz™ whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in, or non-compliance of, a Product or any Service provided by clikToolz™ shall to the extent permitted by law be limited in any event to an amount equivalent to the Price of the relevant Products and Services.
10.2 clikToolz™ shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to the Customer’s use of or inability to use this website, Products and Services, or the delivery or failure to deliver any Products or Services.
10.3 The Customer shall indemnify clikToolz™ against all liabilities, claims, losses and expenses suffered or incurred by clikToolz™, arising directly or indirectly out of the Customer’s use of this website, any breach of these terms and conditions, breach of the terms of the End User Licence for software Product or otherwise in connection with the Products and Services.
11. CONSUMER GUARANTEES ACT
11.1 The Customer acknowledges that where the Products are ordered of the Services provided for business purposes (as the term ‘business’ is defined in the Consumer Guarantees Act 1993), the provisions of the Consumer Guarantees Act shall not apply to the sale of Products or provision of Services by clikToolz™.
10.2 The Customer agrees that nothing in these terms is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act except to the extent permitted by that Act.
12. INTELLECTUAL PROPERTY
1.1 All right, title and interest in all intellectual property of whatsoever nature, in all concepts, software, design, branding, systems, written, graphic and other material relating to clikToolz™ Products and Services.
13. MISCELLANEOUS
1.1 The Customer shall not assign all or any of its rights or obligations under this contract without the written consent of clikToolz™.
13.2 clikToolz™ shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
13.3 Failure by clikToolz™ to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations clikToolz™ has under this contract.
13.4 Where the terms of this contract are at variance with the order or instruction from the Customer, this contract shall prevail.
13.5 If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
12.6 These terms and conditions, use of this website and all matters relating to the Products and Services are governed by and shall be construed in accordance with the laws of New Zealand.
Website Disclaimer
While every effort has been made to ensure all information on this website is accurate, clikToolz™ and PixelPilots (divisions of Design in Mind Limited) do not accept any liability for
any statements or advice contained on or omissions from this website. We do not endorse or represent the reliability or accuracy of any advice, content or information available on or through this website.
Copyright © 2007 Design in Mind Limited New Zealand. All rights reserved. clikTOOLZ™ is a division of Design in Mind Limited
All products or brand names mentioned are trademarks or registered trademarks of their respective holders.