TERMS & CONDITIONS OF USE
1. Terms and Conditions: Welcome to GoFISH Tackle co Limited’s website. Theses Terms and Conditions apply to your use of this website. By using this website, you are deemed to have read and agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must leave this website immediately.
3. Amendments: GoFish tackle co limited Limited (“GoFish”) reserves the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon being placed on this website. Your continued use of the website following such amendments being placed on this website will represent an agreement by you to be bound by the Terms and Conditions as amended. Such amendments may include replacing these Terms and Conditions with entirely new Terms and Conditions.
4. Intellectual Property: Unless otherwise stated, GoFish is the owner of all copyright, trademarks and other intellectual property rights in this site. This includes without limitation all intellectual property rights in respect of all text, graphics, logos, images and any downloads that may be offered on this website. GoFishs' ownership in such intellectual property is protected by both New Zealand and international law.
5. License: GoFish grants you a limited license (“License”) for the purpose of accessing and making personal use of this site. Any contravention by you of these Terms and Conditions terminates the license immediately. Under no circumstances, without the prior written approval of GoFish, may you adapt, reproduce, store, distribute, print, display, publish or create derivative works from any part of this website other than in accordance with the license. You shall not use any data gathering and extraction tools or software to extract information from this site. You shall not frame or utilize framing techniques to enclose any of the contents of this website without GoFishs' express prior permission. You may not use any meta tags or other hidden text which incorporate GoFishs' name or any of its intellectual property including trademarks without the GoFishs' express prior permission. Using terms of the license is strictly prohibited. You agree to full indemnify GoFish for any loss or damage it may suffer in contract, tort, equity, statue, regulation or otherwise, including without limitation any economic loss, loss of turnover, profits,, business or goodwill, whether direct or consequential, in respect of any third party claims against GoFish its related parties, employees, contractors or agents, that may arise as a result of your breach of the license.
6. Proprietary Notices: In the event that you are granted permission by GoFish to use this website or any portion of it or its content other than for personal use, subject to any contrary agreement you reach with GoFish, you must ensure that all copyright, trademark and other proprietary notices contained in the content are retained.
7. Content: While GoFish has endeavoured to take all reasonable and appropriate care in the preparation of the content of this website and has no reason to believe that any information contained on this website is inaccurate, GoFish does not warrant the accuracy, adequacy, or completeness of such information or that such information is error free. GoFish does not undertake too keep this website updated, GoFish does not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained on this website including without limitation where such loss or damage is a result of or contributed to by the negligence of GoFish.
8. Linked Websites: This website may contain links to other websites (“Linked websites”) Those links are provided for convenience only and may not remain current or be maintained. GoFish is not responsible for the content or privacy practices associated with linked websites. Our links with linked websites should not be construed as an endorsement, approval or recommendation by use of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites including further links contained on those linked websites, unless and to the extent stipulated to the contrary.
9. Links: GoFish requires that you obtain the prior written approval of GoFish before providing any link to this website. Where such approval is given, you further agree that you will not use any GoFish logo, trademark or other proprietary graphic as part of such link without the express prior approval of GoFish.
10. Accessing: You must take you own precautions too ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. GoFish does not accept responsibility for any interference or damage to you computer system which may arise in connection with your use of this website or any linked website.
11. Exclusion of Warranty: To the fullest extent permitted by law, in relation too your access and use of this website any condition or warranty either express or which would otherwise be implied by law into these Terms and Conditions is hereby excluded.
12. Exclusion of Liability: Under no circumstances will GoFish, its employees or its agents be liable to you in contract, tort, equity, statue, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you or by any other third part, whether direct or consequential (including without limitation and economic loss or other loss of turnover, profits, business or goodwill) aspiring out of any dispute or contractual, tortious or other claims or proceedings made by or brought against you which relate in any way to your access and use of the website or in respect of any failure or omission on the part of GoFish to comply with its obligations as set out in these Terms and Conditions in respect of your access and use of the website.
13. Limitation of Liability: In the even that any limitation or provision contained in these Terms and Conditions is held to be invalid or unenforceable for any reason and Go FISH becomes liable for any loss or damage that would otherwise have been excluded, GoFishs' maximum liability in contract, tort, equity, statue, regulation or otherwise for any loss, damage or injury directly or indirectly arising in respect of your access and use of the website is to be limited to $50 in New Zealand currency.
14. Jurisdiction: This website is governed by and is to be interpreted in accordance with the laws of New Zealand and in all matters relating to or arising from your use of the website, you agree to submit too the non-exclusive jurisdiction of the Courts of New Zealand.
15. Disputes: In the event that you have a dispute in respect of the content of this website or relating to or arising from your use of this website you must immediately notify Go FISH in writing giving details of the dispute. If GoFish and yourself cannot resolve the dispute within ten (10) workings days, it will then be submitted to mediation by a mediator agreed to by both yourself and GoFish or, failing agreement, appointed by the President for the time being of the arbitrators and Mediators institute of New Zealand. If the matter is not resolved by mediation with ten (10) working days from there, the matter will be submitted for arbitration in accordance with the arbitration Act 1996 (NZ). Unless agreed otherwise by GoFish, all such mediation and arbitration proceedings shall take place at a venue in New Zealand to be chosen by GoFish acting entirely at its own discretion and shall be conducted in thee English Language. All costs in relation to the staging of such proceedings (excluding for the avoidance of doubt any awards which may be made) shall be borne equally by the parties unless explicitly stipulated otherwise by the arbitrator or agreed otherwise by the parties.
16. Failure to Comply: GoFish accepts no liability for any failure to comply with these Terms and Conditions where such failure is due to circumstances beyond its reasonable control.
17. Waiver: If GoFish waives any rights available to it under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
18. Severability: If any of these Terms and Conditions is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms and Conditions and the remaining Terms and Conditions shall continue in force.
19. Queries: If you have any queries in regard to these Terms and Conditions please don’t hesitate to contact us.
TERMS OF PURCHASE
1. Terms of Purchase: These Terms of Purchase will govern the purchase of any goods (“Goods”) you make through this website. You should read and ensure you understand these Terms of Purchase before ordering (“Order”) any Goods through this website. If you do not agree with any of these Terms of Purchase you must not Order Goods through this website.
3. Order: You may Order Goods described on this website for the price specified on this website.
4. Details: Your Order must contain your name, email address, credit card details ( if required by check out method), billing address, delivery address and any other ordering information specified on this website.
5. Cancellation: You may cancel an Order once it has been submitted provided that the billing has not bee processed, GoFish may reject your order at any time and is not required to give reasons for rejecting your order.
6. Rejection: If we reject your Order for any reason, neither of us will be under any further obligation to the other arising out of your Order or our rejection of that order.
7. Reimbursement: If we reject your Order we undertake to reimburse you for any payments already received by us.
8. Delivery: Delivery of the Goods to you will take place in the manner chosen by GoFish, unless agreed otherwise with you.
9. Title: Title in the Goods does not pass to you until payment has been received in full by GoFish or its agent.
10. Payment: Payment must be effected in the manner described on the website. Prices are exclusive of goods and services tax unless otherwise stated. In all other respects, the price is also exclusive of taxes, duties and charges imposed or levied in New Zealand or overseas in connection with the supply of the goods.
11. Capacity: The goods are offered for sale only to persons who can make legally binding contracts.
12. New Zealand Law: Details contained on this website relating to Goods have been prepared in accordance with New Zealand law and may not satisfy the laws of any other jurisdiction. We do not warrant that the details on this website concerning those Goods will satisfy the laws of any other jurisdiction. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside New Zealand) and if the details do not satisfy the laws of your jurisdiction, you may not Order any Goods from this website.
13. Combined Terms: These Terms of Purchase together with any additional terms and conditions contained in the invoice or any other similar document issued by GoFish shall be the terms which govern your purchase of the Goods.
14. Possession and Risk: Possession and risk in the Goods shall pass to you upon delivery of the Goods to your agent or carrier or upon delivery of the Goods to the address supplied by you when ordering from this website.
15. Incorrect Orders: Short or incorrect goods must be reported to GoFish within seven working days of their receipt together with the invoice number. Any goods returned must be clean and free from price markings. Goods that have been damaged or are not resalable may not be credited in full.
16. Defective Goods: Defective goods returned which show obvious defects shall be replaced or credited upon authorisation by GoFish.
17. Returns: For goods ordered in excess of your requirements or in error, GoFish reserves the right to charge a handling fee of up to 20% of this original invoice value. An authorisation is required by GoFish prior to the return of any goods and GoFish is under no obligation to grant any such authorisation.
18. Exclusion of Liability: Under no circumstances will GoFish, its employees or its agents be liable to you in contract, tort, equity, statue, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you or by any other third party, whether direct or consequential (including but without limitation any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or brought against you which relate in any way to Goods supplied pursuant to an Order placed on this website or in respect of any failure or omission on the part of GoFish to comply with its obligations as set out in these Terms of Purchase in respect of the sales of Goods to you.
19. Limitation of Liability: In the event that any limitation or provision contained in these Terms of Purchase is held to be invalid or unenforceable for any reason and GoFish becomes liable for any loss or damage that would otherwise have been excluded, GoFishs' maximum liability in contract, tort, equity, statue, regulation or otherwise for any loss, damage or injury directly or indirectly arising in respect of the supply of the goods pursuant to an Order is to be limited to the lesser of the value of goods comprised in an Order to which a claim relates, the cost of repairing or replacing defective Goods and the actual loss or damage suffered by you and all other warranties, descriptions, representations and conditions as to fitness, suitability for any purpose or specific conditions, even though such conditions may be known to GoFish, merchantable or otherwise whether express or implied and whether statutory or otherwise are expressly excluded, except to the extend that such liability is required by law without right of exclusion.
20. Fitness for Purpose: You acknowledge that you have made your own investigations as to the fitness of the goods for your purpose.
21. Notification of Problem: GoFish shall not be liable for any damage, discrepancy or shortage in the products unless you notify GoFish and the carrier within 48 hours of the time of delivery of the Goods. In the event of total failure of the Goods to reach their destination GoFish shall not be liable unless you notify GoFish within ten days after the date of the invoice.
22. Severability: If any provision of these Terms of Purchase is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms of Purchase and the remaining provisions shall continue in full force.
23. Retain a Copy: You should print out and retain or otherwise store a copy of these Terms of Purchase for your future reference.
24. Queries: If you have any queries in regard to these Terms of Purchase please don’t hesitate to contact us.
GoFish Tackle co limited