TERMS & CONDITIONS
These terms and conditions regulate the business relationship between you and I. By using my Website in any way, or by buying from me, you agree to be bound by them. By using my website and services, and by placing an order with Christina Force, you acknowledge that you have read through the following terms and conditions and agree to them in full.
We are a New Zealand based business: Thunk Limited t/a Christina Force
My address is: 78 Park Road, Titirangi, Auckland, 0604 New Zealand
You are: a visitor to my Website / my Customer
The terms and conditions
Definitions
In this agreement:
“Consumer”
means the person, firm or company specified as the customer.
“Content”
means any material in any form published on myWebsite by me or any third party with my consent.
“Material”
means Content of any sort posted by you on my Website.
“My Website”
means the entire computing hardware and software installation that is or supports my website.
“Product”
means any of the Product or Programmes I offer for sale on my Website so far as specified for each Product.
My contract with you
1. I shall accept your order by e-mail confirmation. That is when our contract is made. My message will also confirm details of your purchase and tell you when I shall dispatch your order, or when your order will be available for download, or when your course will commence
2. Unfortunately, I cannot guarantee that every Product advertised on my website is available. If at any time a Product becomes unavailable, I will immediately refund any money you have paid.
3. I may change these terms from time to time. The terms that apply to you are those posted here on my Website on the day you place your order.
4. If in the future, you buy Product from me under any arrangement which does not involve your payment via my Website; these terms still apply so far as they can be applied.
5. If I owe you money (for this or any other reason), I will credit your credit or debit card as soon as reasonably practicable but in any event no later than 7 days from the date of your order.
6. Payments will be processed by eWAY, a Tier 1 PCI compliant payment processor. More information about PCI compliance relative to each provider can be found here - eWAY - PCI Certification and general information: https://eway.io/nz/about-eway/technology-security"
Price, payment and product provision
I may change the nature or provision of the Product at any time. I may tell you about any such change by email or by posting details on my Website.
Delivery
This paragraph applies only if your order includes a Product:
1. Deliveries will be made by Email or via my website
2. If I am not able to deliver your Product within 7 days of the date of your order, I shall notify you by e-mail to arrange a later date for delivery.
FORCE MAJEURE
Christina Force shall not be liable to the Customer for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the Product, or failure to perform any term in this contract where such delay or failure is caused directly or indirectly by an act of weather situation, fire, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or facilities and accidents, interruptions of, or delay in transportation or any other cause beyond Christina Force’s control.
Cancellation of order
1. If you are a citizen of the European Union, and you bought the Product as a Consumer, you may cancel your order for the Product at any time before the expiry of 7 working days from the date of order, not including the day you ordered.
2. If you cancel before delivery, I will refund your money as soon as reasonably possible and in any event within 30 days of cancellation of your order.
3. This paragraph does not affect your rights in the event that you have a genuine and valid complaint about a Product fault.
4. Foreign taxes, duties and import restrictions
5. If you are not in New Zealand, I have no knowledge of, and no responsibility for, the laws in your country.
6. You are responsible for purchasing Products which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
Goods returned
1. My most important task is to ensure your absolute satisfaction. I will always strive to reach that target. However, I acknowledge that mistakes are made occasionally. If you are not wholly satisfied with the Product, please tell me at the earliest opportunity exactly what the fault is.
2. The procedure for the return of Products is set out on my Website in the Return and Refund Policy section.
Your account with me
1. 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 Product.
2. If you use my Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
3. You agree to accept responsibility for all activities that occur under your account or password. You should tell me immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
4. I reserve the right to refuse you access to Our Website.
Disclaimers
1. I or my Content suppliers may make improvements or changes to my Website, the Content, or to any of the Product, at any time and without advance notice.
2. You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. I would be grateful if you bring to my immediate attention, any that you find.
3. I give no warranty and make no representation, express or implied, as to: the adequacy or appropriateness of the Product for your purpose; any implied warranty or condition as to merchantability or fitness of the Product for a particular purpose other than that for which the Goods are commonly used; The use of, or results of the use of the Product or its compatibility with your equipment, software or telecommunications connection; compliance with any law; non-infringement of any right.
4. My Website contains links to other Internet websites outside my power and control. You acknowledge and agree that I shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
5. I am not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of my Website or the purchase of my Product.
6. In any event, including the event that any term or condition or obligation on my part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
Copyright, Intellectual Property Rights and Confidential Information
1. By accepting this contract, you accept Christina Force has All Rights Reserved on all Content (except in the case of published photographs), Products, that is, is the copyright holder and reserves, or holds for its own use, all the rights provided by copyright law such as distribution, performance and creation of derivative works. Christina Force does not waive any such rights.
2. You may not copy or share the Product(s) except for the purpose of system maintenance, a backup copy for your own personal use, copying to your own personal computer(s) and copying to your own personal mp3 playing device(s) owned by you.
3. You may not transfer Product(s) or allow any other person to use them
4. You agree to keep safe the Confidential Information and not to disclose or make available for disclosure to any person, any part of it.
5. I will defend the intellectual property rights in connection with my Product and my Website, including copyright in the Content whether provided by me or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
6. I also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.
7. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
8. You may not use my name or logos or trademarks or any other Content on any website of yours or that of any other person.
9. Subject to the other terms of this agreement, you may not store electronically any significant portion of any Content.
Your email address
1. You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
2. You acknowledge and agree that if I believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, I may immediately suspend the use of such name or email address, and you will indemnify me for any claim or demand that arises out of your selection.
3. You acknowledge and agree that I shall not be liable to you in the event that I am ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.
System Security
1. You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of my Website.
2. You may not use any software tool for the purpose of extracting data from my website.
3. You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
Acceptable use Policy
As a condition of your use of my Website, you agree to comply with these provisions:
You will not use or allow anyone else to use my Website to post or otherwise publish:
1. copyright works;
2. commercial audio, video or music files;
3. any Material which violates the law of any established jurisdiction;
4. unlicensed software;
5. software which assists in or promotes: emulators, phishing, hacking, password cracking, IP spoofing;
6. links to any of the material specified in this paragraph;
7. pornographic Material;
8. any Material promoting discrimination or animosity to any person on grounds of gender, race or colour.
You will not use the Products for spamming. Spamming includes, but is not limited to:
1. The bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;
2. The sending of junk mail;
3. The use of distribution lists that include people who have not given specific permission to be included in such distribution process;
4. Excessive and repeated posting off-topic messages to newsgroups;
5. Excessive and repeated cross-posting;
6. Email harassment of another Internet user, including but not limited to, transmitting any threatening, libellous or obscene Material, or Material of any nature which could be deemed to be offensive;
7. The emailing of age inappropriate communications or content to anyone under the age of Eighteen (18).
Indemnity
You agree to indemnify me against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of my Website, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
Miscellaneous provisions
1. When I communicate with you I 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.
2. Nothing in this agreement or on my Website shall confer on any third party any benefit or obligation.
3. If any of these terms 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.
4. No waiver by me, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
5. In the event of a dispute arising out of or in connection with these terms or any contract between you and I, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
6. I am not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of my own employees.
7. This Agreement shall be governed by and construed in accordance with the law of New Zealand. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
Christina Force/ Thunk Limited
