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1. Terms of Use

This Website is owned and operated by Etailer Limited a registered company of New Zealand trading as Off The Back (“we, us, our”).

Your use of this Website is subject to these terms of use and all applicable laws. By using this website you agree to be bound by these terms of use.

We reserve the right to modify, alter or amend these terms of use from time to time with or without notice to you. All such amendments will be effective immediately upon an update being made. By continuing to use this website following such an update you agree to be bound by such amended terms of use.

2. Exclusion/Limitation of Liability

Where the Consumer Guarantees Act 1993 does not apply: we will not be liable for any damage, loss, cost, claim or expense arising out of or relating to

  • Any product or service purchased via this website; or
  • Your use of this website; or
  • Your use of or reliance on information contained or accessed through this website
  • Any breach of your warranties stated in these terms of use.
  • And to the extent allowed by law we exclude all warranties not expressly stated in these terms of use

In addition we exclude all other liability we or any of our suppliers, retailers, licensors, related companies, agents, officers, and employees may have to you to the maximum extent permitted by law. This exclusion applies whatever you are claiming for and in whatever way liability might arise if it were not for this clause (including in tort, contract, equity or under statute)..

We are not responsible for any opinions expressed you. By posting contributions on this website you agree to take full legal responsibility and liability for your comments, including for offensive or defamatory statements.

These terms of use do not affect any statutory rights you may have under New Zealand law.

3. Governing Law

These terms of use and the provision of goods and service by us are governed by and to be interpreted in accordance with the laws in force in New Zealand and in the event of any dispute arising in relation to these terms of use or their subject matter you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand over such dispute.

4. Your Use of this Website

You agree to;

i). Ensure that all the information you give us is true, correct and complete.

ii). Follow our instructions when you purchase any products advertised on this website.

iii). Not use this website inappropriately or unreasonably, e.g. send spam, abusive or defamatory e-mails, interfere with anyone’s rights, publish any offensive unlawful or actionable material, collect information about others, create a false identity or transmit or upload any material which breaches our or any third party’s rights, any applicable laws or is likely to do so.

iv). Use this website and any products purchased by you only for lawful purposes.

v). Ensure that all persons you are responsible for also meet these commitments and your other obligations under these terms of use.

vi). Meet any costs we incur protecting ourselves against any legal action or which we otherwise incur as a result of your use of this website and the purchase by you of any products.

vii). Not use any information available on this website for any commercial purpose other than the purchase by you of products advertised on it.

viii). Not to copy, alter or tamper with any material contained in this website.

5. Termination of membership

We reserve the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, we may terminate your membership if a serious complaint or multiple complaints are received about you from other members, if you breach these terms and conditions, if you impersonate another member, or if we, at our sole discretion, deem your behaviour to be unacceptable. Members who have registered under multiple aliases will have all their aliases disabled.

6. Intellectual Property

We and our third party suppliers, licensors and or advertisers own all proprietary and intellectual property rights in and to this website and the material displayed here (except for content you post on this website and licence to us). You may not upload or copy any material unless you have the right or consent to do so.

7. Contributions to Off the Back

The following terms and conditions apply to and are relied on by us in relation to all contributions, advertisements, material, public notices, forum comments and other material (“contributions”) we accept for publication, except where we agree otherwise in writing.

By accepting your contribution for publication, and in publishing it we are doing so in consideration of and relying on your express warranty, the truth of which is essential, that:

a). Your contribution does not contain anything that:

i). is misleading or deceptive or likely to mislead or deceive or which otherwise breaches the Fair Trading Act 1986; or 
ii). is defamatory or indecent or which otherwise offends against generally accepted community standards or may breach the Human Rights Act 1993; or 
iii). infringes a copyright or trademark or otherwise infringes any intellectual or industrial property rights; or 
iv). breaches any provision of any statute, regulation, by-law or other rule or law; and

b). Your contribution complies in every way with the Advertising Codes of Practice issued by the Advertising Standards Authority Inc. (“ASA”). and with every other code or industry standard relating to advertising in New Zealand; and

c). Publication of your contribution will not give rise to any liability on our part or in a claim being made against us.

d). By submitting your contribution, you warrant that the content of the same is true. We assume no liability for misleading or fraudulent contributions.

By posting your contribution for publication you grant us a perpetual, royalty free licence to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, disseminate, perform, transmit and display such content (in whole or part). and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any rights that may exist in such content.

We may refuse to publish, or withdraw your contribution from publication without having to give a reason

8. Products and Services

The only payment method we accept is credit card, your account will be charged in NZD and OFFTHEBACK.CO.NZ will appear on your statement.

a). Purchase of Products and Service

By purchasing a product or service on this website you specifically acknowledge and agree that:-

i). When you purchase any product or service advertised on this website these terms of use together with your purchase of the product or service (your acceptance). constitute the entire contract between us and you and it is expressly agreed that there are no other understandings, representations or warranties of any kind forming part of our contract with you.

ii). Any condition contained in your order which is inconsistent with these terms of use, qualifies or is contrary with these terms of use shall have no effect unless such condition is expressly accepted by us in writing.

iii). Our website and advertising only constitute an invitation to treat. Ordering products or services, online or otherwise, constitutes an offer by you to buy in accordance with these terms of use. Our acceptance occurs and the contract is formed when the product or service is dispatched to you.

iv). Risk, including insurance responsibility for any products you purchase from us, shall pass to you on collection by you of the products or on delivery of the product by us to you or to a carrier for delivery to you.

v). We do not guarantee that this website is free from errors or faults. We will however make our best efforts to ensure that the information available on this website is accurate. We shall be entitled at any time to correct any errors or omissions in any advertising, quotations, invoice or acknowledgement.

vi). We do not and cannot guarantee the availability of products and services advertised on this website and we make no warranty or representation about the fitness or suitability of any product or service advertised on this website. You shall satisfy yourself that any product or service purchased from us is suitable for the purpose for which you require them and we are under no liability if they are not.

vii). We present information on this website which has been supplied by third parties we are not liable for any variances in the quality of the products or services from the information supplied to us by third party suppliers.

Where you are buying any products or services from us for business purposes then the Consumer Guarantees Act 1993 (“the Act”) shall not apply.

Where you are buying any products or services from us for other than business purposes then these terms of use shall be interpreted subject to your rights under the Act.

b). Delivery of Products

We reserve the right to dispatch your order in one delivery or by instalments. Failure by us to deliver any instalment shall not entitle you to repudiate the contract as to any instalments already delivered.

Any estimates we give you as to delivery time are made in good faith but are estimates only and not fixed quotations. We shall not be bound by such estimates but shall use our best endeavours to comply with the same.

We shall be entitled to select the method of delivery of products to you and whether or not there shall be a charge to you for such delivery. Where you specifically request an alternative type of delivery, e.g. urgent delivery and we agree in writing then you shall meet the cost of that delivery.

c). Damages or Loss in Transit

We shall ensure products ordered by you and sent to you are adequately packed. Claims by you for damage to products or loss in transit must be made to us within 14 days of purchase.

No claims will be considered by us after 7 days of receipt of the products you purchase from us. While we will not accept any claims for products damaged or lost in transit you must forward to us details of any claim against a carrier which you make.

d). Return of Products

Products which we supply to you in accordance with your purchase order can only be returned to us with our express written approval which we do not have to provide to you. In particular we note;

i). Any requests to return products to us must be submitted to us by you within 7 days from the date we supply the products to you.

ii). Where we accept the return of any products, for credit or refund, at our discretion in all respects, the products must be delivered to us at your expense in original condition.

iii). We reserve the right to charge you, at our sole discretion, a cancellation of order fee for any products which we accept for return

e). Force Majeure

We shall not be liable to you for any loss or damage directly or indirectly arising out of or in connection with any delay in the delivery of products or failure to supply any products or services where such delay or failure is caused directly or indirectly by an act of God, fire, labour dispute, civil commotion, interference of a government, inability to obtain labour or any other cause beyond our control.

9. Linked Websites.

Where links to any third party websites are provided they are provide for convenience only and do not imply any endorsement approval or recommendation of or responsibility for the contents, products, services or operations of those sites or the operators of those websites. We accept no responsibility for any damage or harm from your use or reliance on the information contained in those websites.

You may only create links from this website to external websites where you are entitled to do so and where the creation of the link doesn?t otherwise breach these terms. Also, you may only create links to this website from external websites with our prior written permission.

10. Electronic Communications

Whenever you use this website or send emails to us you are communicating with us electronically. This means you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to electronically satisfy any legal requirements that such communications be in writing.

11. Privacy Policy

You will provide us with personal information through you use of this website. This information will be retained by us in our database. You have a right under the Privacy Act 1993 to access any personal information held about you or to request us to delete any such information. Please review our Privacy Policy here.

12. Disclaimers

We are not an agent of any retailer or third party. We are not responsible for any transactions you may enter into through: your use of this website; your participation in any promotions; or as a result of any dealings between you and anyone using this website. To the fullest extent permitted by law, we disclaim any responsibility for, or liability related to, the products available on this website. Any questions, complaints or claims should be directed to the appropriate retailer.

We are not responsible for ensuring that the information that you access or make available through using this website will be private or secure or free from viruses or other harmful things. We do not and cannot guarantee availability of our website and services or that there will be no interruptions or delays in relation to the our website or services. This is because the availability or quality of this website may be affected by conditions beyond our control, including, for example, but not limited to network problems, human or technical error, atmospheric, geographic, or topographic conditions.

We are not responsible to you, or anyone else for any information that does not originate directly from us, any links we provide to third party sites or information at or accessible from those sites or any loss or damage arising from your use of this website. Further, we assume no responsibility for the corruption of any data or information held by us.

13. General

We may transfer our obligations pursuant to this website and these terms of use to any person including a related company (as defined under the Companies Act 1993). without notice to you. If we do this then we will not be liable for any act or omission by any transferee arising in relation to these terms of use after such transfer.

Each term of these terms of use is separately binding. If for any reason any term cannot be relied on all other terms remain binding.

You acknowledge that you are not relying on any statement or representation in any form made buy us or on our behalf in relation to the suitability of any products advertised on this website and you expressly agree not to commence any proceeding or action arising from any statement or representation not set out in these terms of use.