TERMS & CONDITIONS

Being Magic (“being-magic.com”) owns and operate this Website.  This document governs your relationship with being-magic.com (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

 

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This Website may contain links to other websites (the "Linked Sites"), which are not operated by being-magic.com. Being-magic.com has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

 

PROHIBITIONS

You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence and being-magic.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

 

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

 

RELATIONSHIP OF PARTIES

Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.

 

INTELLECTUAL PROPERTY, SOFTWARE AND CONSENT

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of being-magic.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by being-magic.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

 

TERMS OF SALE

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. The seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the seller considers unreasonable, it may, without liability on its part, terminate the contract.

 

In order to contract with being-magic.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. being-magic.com retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be being-magic.com or may in some cases be a third party. Where a contract is made with a third party being-magic.com is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

 

You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the goods.

If you use our website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.

You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and notify us regarding any orders placed under “suspicious” circumstances.

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(a) Our Contract 

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

 

(b) Pricing and Availability

Whilst we try and ensure that all details, descriptions and prices which appear on this website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.

 

(c) Payment 

Upon receiving your order we carry out a standard authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

 

If the item you order is available in parts, you must pay us the full price of your order before we will send any part of it.  Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than New Zealand dollar will be borne by you.

Any information given by us in relation to exchange rates are approximate only and may vary from time to time.

If, by mistake, we have under-priced goods, we will not be liable to supply those goods to you at the stated price, provided that we notify you before we dispatch it to you.

The price of the goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of our website before we ask you to pay.

If we owe you money (for this or any other reason), we will credit you by the method in which you initially paid as soon as reasonably practicable but, in any event, no later than 15 days from the date when we accept that repayment is due.

 

DESCRIPTION

Any description given or applied to the goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.

 

DELIVERY

Unless otherwise agreed in writing, delivery of the goods shall take place at the address specified by the buyer on the date specified by the seller. The buyer shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery.

 

The date of delivery specified by the seller is an estimate only.  Time for delivery shall not be of the essence of the contract.

 

The buyer shall be entitled to replacement goods where the goods have been damaged during transportation. The buyer must notify the seller of the damage within 24 hours of delivery. If delivery was made to New Zealand address, you are also protected by the Fair Trading Act 1986 and the Consumer Guarantees Act 1993.

 

If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply.  But no time given is to be treated as contractual. So, we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.

Some goods are so large and heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order.

Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.

 

RISK

Risk in the goods shall pass to the buyer at the moment the goods are dispatched from the seller`s premises.

 

TITLE

Title in the goods shall not pass to the buyer until the seller has been paid in full for the goods.

 

DISCLAIMER OF LIABILITY

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law being-magic.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect being-magic.com's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

 

LINKING TO THIS WEBSITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

 

Disclaimer as to ownership of trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with being-magic.com and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to being-magic.com.

 

INDEMNITY

You agree to indemnify, defend and hold harmless being-magic.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this website or your breach of the Terms of Service.

 

We shall not be liable to you for any loss or expense arising out of or in connection with your use of Our Website, which is indirect or consequential loss, or economic loss or other loss of turnover, profits, business or goodwill. This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.

We make no representation or warranty and accept no responsibility in law for:

accuracy of any Content or the impression or effect it gives; delivery of Content, material or any message; privacy of any transmission; any act or omission of any person or the identity of any person who introduces himself to you through Our Website;

any aspect or characteristic of any goods or services advertised on Our Website; Our Website includes Content Posted by third parties. We are not responsible for any such Content. If you come across any Content which offends you, please contact us via the “Contact us” page on Our Website.

 

We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you first.

You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Goods concerned.

This paragraph (and any other paragraph which excludes or restricts our liability or provides an indemnity to us) applies to our directors, officers, employees, subcontractors, agents and affiliated companies, as well as to us. Any of them may enforce this provision under the Contract and Commercial Law Act 2017.

If you become aware of any breach of any term of this agreement by any person, please tell us by emailing beingmagic@proton.me within 30 days of the breach. We welcome your input but do not guarantee to agree with your judgement.

Nothing in this agreement excludes liability for a party's fraud.

 

VARIATION

Being-magic.com  shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this website.

 

INVALIDITY

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

 

COMPLAINTS

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

 

WAIVER

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions. The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.

 

SECURITY OF YOUR CREDIT/DEBIT CARD

We take care to make our website safe for you to use.  Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

All direct payment gateways offered by wix.com and used by our company, adhere to standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.  PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

 

ENTIRE AGREEMENT

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and being-magic.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by the owner of being-magic.com.

 

SEVERABILITY

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

 

GOVERNING LAW AND JURISDICTION

The validity, construction and performance of this agreement shall be governed by the laws of New Zealand and you agree that any dispute arising from it shall be litigated only in that country.

 

FOREIGN TAXES & DUTIES

If you are not in New Zealand, we have no knowledge of, and no responsibility for, the laws in your country.  You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

 

MISCELLANEOUS MATTERS

When we communicate with you, we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.

Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.

If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

The price of goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those goods.

If in future, you buy goods from us under any arrangement which does not involve your payment via our website; these terms still apply so far as they can be applied.

We do not sell the goods in all countries. We may refuse to deliver the goods if you live in a country we do not serve.

 

The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

Any communication to be served on either party by the other shall be delivered by hand or sent by express post or recorded delivery or by e-mail.

 

In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

This agreement does not give any right to any third party under the Contract and Commercial Law Act 2017 or otherwise.

Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees.

In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

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RESTRICTIONS ON POSTING TO OUR WEBSITE

You agree that you will not use or allow anyone else to use Our Website to post content which is or may:

be malicious or defamatory;

consist in commercial audio, video or music files;

be illegal, obscene, offensive, threatening or violent;

be sexually explicit or pornographic;

be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;

give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;

solicit passwords or personal information from anyone;

be used to sell any goods or services or for any other commercial use;

include anything other than words (i.e., you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;

link to any of the material specified above, in this paragraph;

send age-inappropriate communications or content to anyone under the age of 18.

 

In connection with the restrictions set out below, we may refuse or edit or remove a posting which does not comply with these terms.

In addition to the restrictions set out above, a posting must not contain:

hyperlinks, other than those specifically authorised by us;

keywords or words repeated, which are irrelevant to the content posted;

the name, logo or trademark of any organisation other than yours;

inaccurate, false, or misleading information.

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BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE 
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

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PRIVACY

This privacy policy ("policy") will help you understand how Being Magic ("us", "we", "our") uses and protects the data you provide to us when you visit and use being-magic.com ("website", “service").  Being Magic is a sole trader registered in Auckland, New Zealand.

We reserve the right to change this policy at any given time, of which you will be promptly updated. If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page.

Our company is hosted on the wix.com platform. wix.com provides us with the online platform that allows us to sell our products and services to you.  Your data may be stored through wix.com's data storage databases and the general wix.com applications.  They store your data on secure servers behind a firewall.

 

Safeguarding and Securing the Data

Being Magic is committed to securing your data and keeping it confidential. Being Magic has done all in its power to prevent data theft, unauthorised access, and disclosure by implementing the latest technologies and software, which help us safeguard all the information we collect online.

 

Our Cookie Policy

Once you agree to allow our website to use cookies, you also agree to use the data it collects regarding your online behaviour (analyse web traffic, web pages you spend the most time on, and websites you visit).

The data we collect by using cookies is used to customise our website to your needs. After we use the data for statistical analysis, the data is completely removed from our systems.

Please note that cookies don't allow us to gain control of your computer in any way. They are strictly used to monitor which pages you find useful and which you do not so that we can provide a better experience for you.

If you want to disable cookies, you can do it by accessing the settings of your internet browser. You can visit www.internetcookies.com, which contains comprehensive information on how to do this on a wide variety of browsers and devices.

We use cookies for the following reasons:

to allow essential parts of our website to operate for you.

to operate our content management system.

to operate the online notification form - the form that you use to contact us for any reason. This cookie is set on your arrival at our website and deleted when you close your browser.

to enhance security on our contact form. It is set for use only through the contact form. This cookie is deleted when you close your browser.

to collect information about how visitors use our website. We use the information to improve your experience of our website and enable us to increase sales. This cookie collects information in an anonymous form, including the number of visitors to the website, where visitors have come to the website from, and the pages they visited.

to record that a user has viewed a webcast. It collects information in an anonymous form. This cookie expires when you close your browser.

to record your activity during a webcast. An example is as to whether you have asked a question or provided an opinion by ticking a box. This information is retained so that we can serve your information to you when you return to the website. This cookie will record an anonymous ID for each user, but it will not use the information for any other purpose.

to store your personal information so that you do not have to provide it afresh when you visit the website next time.

to enable you to watch videos we have placed on YouTube. YouTube will not store personally identifiable cookie information when you use YouTube’s privacy-enhanced mode.

We collect such Non-personal and Personal Information for the following purposes:

To provide and operate the Services;

To provide our Users with ongoing customer assistance and technical support;

To be able to contact our Visitors and Users with general or personalised service-related notices and promotional messages;

To create aggregated statistical data and other aggregated and/or inferred Non-personal Information, which we or our business partners may use to provide and improve our respective services; 

To comply with any applicable laws and regulations.

 

Links to Other Websites

Our website contains links that lead to other websites. If you click on these links Being Magic is not held responsible for your data and privacy protection. Visiting those websites is not governed by this privacy policy agreement. Make sure to read the privacy policy documentation of the website you go to from our website.

Restricting the Collection of your Personal Data

At some point, you might wish to restrict the use and collection of your personal data. You can achieve this by doing the following:

When you are filling the forms on the website, make sure to check if there is a box which you can leave unchecked, if you don't want to disclose your personal information.

If you have already agreed to share your information with us, feel free to contact us via email and we will be more than happy to change this for you.

Being Magic will not lease, sell or distribute your personal information to any third parties, unless we have your permission. We might do so if the law forces us. Your personal information will be used when we need to send you promotional materials if you agree to this privacy policy.

Our privacy policy is strong and precise. It complies fully with Privacy Act 2020 which is listed on this website.  If you post content to any public area of Our Website it becomes available in the public domain. We have no control who sees it or what anyone does with it.

Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid posting unnecessary confidential information.

We need the freedom to be able to publicise our services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any content that you place on Our Website, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.

We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.

You agree to waive of your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1994 as amended.

Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.

You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any content having been posted by you.

You accept all risk and responsibility for determining whether any content is in the public domain and not confidential.

Please notify us of any security breach or unauthorised use of your account.

We do not solicit ideas or text for improvement of our services, but if you do send to us material of any sort, you are deemed to have granted us a licence to use it in the terms set out at sub paragraph five above.

 

We are extremely concerned to protect your privacy and confidentiality. We understand that all users of our website are quite rightly concerned to know that their data will not be used for any purpose unintended by them and will not accidentally fall into the hands of a third party. Our policy complies with New Zealand law. If you think our policy falls short of your expectations or that we are failing to abide by our policy, do please tell us.

We regret that if there are one or more points below with which you are not happy, your only recourse is to leave our website immediately.

Except as set out below, we do not share, or sell, or disclose to a third party, any personally identifiable information collected at our website.

 

Here is a list of the information we collect from you, either through our website or because you give it to us in some other way, and why it is necessary to collect it:

1. Business and personal information

This includes basic identification and contact information, such as your name and contact details and also includes all information given to us in the course of your business and ours, such as information you give us in your capacity as our client. We undertake to preserve the confidentiality of the information and of the terms of our relationship. It is not used for any other purpose. We expect you to reciprocate this policy.

This information is used:

to provide you with the services which you request;

for verifying your identity for security purposes;

for marketing our services and products;

information which does not identify any individual may be used in a general way by us or third parties, to provide class information, for example relating to demographics or usage of a particular page or service.

We keep information, which forms part of our business record for a minimum of seven years. That is because we may need it in some way to support a claim or defence in court. That is also the period within which our tax collecting authorities may demand to know it.

2. Market place information

When we obtain information from you specifically to enable you to buy a service offered on our website by some other person, we assume that in giving us your information, you are also giving us permission to pass it to the relevant person.

3. Your domain name and e-mail address

This information is recognised by our servers and the pages that you visit are recorded. We shall not under any circumstances, divulge your e-mail address to any person who is not an employee or contractor of ours and who does not need to know, either generally or specifically. This information is used:

to correspond with you or deal with you as you expect;

in a collective way not referable to any particular individual, for the purpose of quality control and improvement of our website;

to send you news about the services to which you have signed up;

to tell you about other of our services or services of sister websites.

4. Information you post on our website

Information you send to us by posting to a forum or blog or in your advertisement, is stored on our servers. We do not specifically use that information except to allow it to be read, but you will see in our terms and conditions that we reserve a right to use it in any way we decide.

5. Website usage information

We may use software embedded in our website (such as JavaScript) to collect information about pages you view and how you have reached them, what you do when you visit a page, the length of time you remain on the page, and how we perform in providing content to you. We do not presently associate such information with an identifiable person.

6. Financial information relating to your credit cards

This information is never taken by us either through our website or otherwise. At the point of payment, you are transferred to a secure page on the website of  Windcave or some other reputable payment service provider. That page may be dressed in our “livery”, but it is not controlled by us. Our staff and contractors never have access to it.

7. Credit reference

To assist in combating fraud, we share information with credit reference agencies, so far as it relates to clients or customers who instruct their credit card issuer to cancel payment to us without having first provided an acceptable reason to us and given us the opportunity to refund their money.

8. Third party advertising

Third parties may advertise on our website. In doing so, those parties, their agents or other companies working for them may use technology that automatically collects your IP address when they send an advertisement that appears on our website to your browser. They may also use other technology such as cookies or JavaScript to personalise the content of, and to measure the performance of their adverts. We do not have control over these technologies or the data that these parties obtain. Accordingly, this privacy notice does not cover the information practices of these third parties.

9. Third party content

Our website is a publishing medium in that anyone may register and then publish information about himself or some other person. We do not moderate or control what is posted. If you complain about any of the content on our website, we shall investigate your complaint. If we feel, it may be justified, we shall remove it while we investigate. Free speech is a fundamental right, so we have to make a judgment as to whose right will be obstructed: yours, or that of the person who posted the content which offends you. If we think, your complaint is vexatious or without any basis, we shall not correspond with you about it.

10. Information we obtain from third parties

Although we do not disclose your personal information to any third party (except as set out in this notice), we do receive data which is indirectly made up from your personal information, from software services such as Google Analytics and others. No such information is identifiable to you.

11. Content you provide to us with a view to be used by third party

If you provide information to us with a view to it being read, copied, downloaded, or used by other people, we accept no responsibility for what that third party may do with it. It is up to you to satisfy yourself about the privacy level of every person who might see your information. If it is available to the World, neither we nor you have any control whatsoever as to how it is used.

12. Sending a message to our support system

When you send a message, we collect the data you have given to us in that message in order to obtain confirmation that you are entitled to receive the information and to provide to you the information you need. We record your request and our reply in order to increase the efficiency of our business / organisation. We do not keep any personally identifiable information associated with your message, such as your name or email address.

13. Complaining

When we receive a complaint, we record all the information you have given to us. We use that information to resolve your complaint. If your complaint reasonably requires us to contact some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and if we do, what that information is.

We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.

14. Re-marketing

We may use re-marketing from time to time. This involves Google or some other supplier placing a tag or marker on our website in order to be able to serve to you an advert for our products / services when you visit some other website.

15. Affiliate information

This is information given to us by you in your capacity as an affiliate of us or a customer or client of ours. Such information is retained for business use only. We undertake to preserve the confidentiality of the information and of the terms of our relationship. It is not used for any other purpose. We expect any affiliate to agree to reciprocate this policy. As an exception to this, we have the right to disclose your first name and URL of your affiliate connection to other affiliates and to any other person or organisation, on and off the website. The reason is solely to enable us to mention winners and others whose performance as an affiliate is in some way outstanding.

16. Use of the website by children

We do not market to children, nor do we sell products or services for purchase by children. We do sell products and services for end use by children, but for purchase by adults. If you are under 18, you may use our website only with consent from a parent or guardian.

17. Disclosure to Government and their agencies

We are subject to the law like everyone else. We may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.

18. Compliance with the law

This privacy policy has been compiled so as to comply with the law of every jurisdiction in which we aim to do business. If you think it fails to satisfy the law of your country, we would like to hear from you, but ultimately it is your choice as to whether you wish to use our website.

19. Review or update personally identifiable information

At any time you may review or update the personally identifiable information that we hold about you, by contacting us at the address below. To better safeguard your information, we will also take reasonable steps to verify your identity before granting access or making corrections to your information.

20. Removal of your information

If you wish us to remove personally identifiable information from our website, you may contact us. To better safeguard your information, we will also take reasonable steps to verify your identity before granting access or making corrections to your information.

21. Data may be “processed” outside New Zealand

Our website is hosted by Wix. We also use outsourced services in countries outside New Zealand from time to time in other aspects of our business. Accordingly data obtained within the New Zealand may be “processed” outside New Zealand and data obtained in any other country may be processed within or outside that country.

If you have any question regarding the privacy policy, please contact us through the Contact Us page.