Terms of Service
Effective Date: September 1, 2014
Welcome to the North Coast Natives ("NCN") New Zealand Website (the "Site").
NCN provides the content and services available on the Site to you subject to the following
may find throughout our Site in connection with certain functionality, features or promotions as
well as customer service, all of which are deemed a part of and included within these terms and
conditions (collectively, "Terms and Conditions"). By accessing or using the Site, you are
deemed to have read, understand, and agree, without limitation or qualification, to be bound
by these Terms and Conditions.
You are asked to provide personal information in order to use the Site and for other purposes
our privacy practices. You consent to the release of your personal information to us and third
2. Accuracy of Information
We attempt to be as accurate as possible when describing our products on the Site; however,
to the extent permitted by applicable law, we do not warrant that the product descriptions,
colours, information or other content available on the Site are accurate, complete, reliable,
current, or error-free.
3. Intellectual Property
All information and content available on the Site and its “look and feel”, including but not
limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio
clips, data compilations and software, and the compilation and organization thereof
(collectively, the "Content") is the property of NCN, our affiliates, partners or licensors, and is
protected by New Zealand and international laws, including laws governing copyrights and
Except as set forth in the limited licenses in Section 4, or as required under applicable law,
neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied,
sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose
without our express, prior written consent.
4. Limited Licenses
We grant you a limited, revocable, non-transferable and non-exclusive license to access and
make personal use of the Site. This limited license does not include the right to: (a) frame or
utilize framing techniques to enclose the Site or any portion thereof; (b) republish, redistribute,
transmit, sell, license or download the Site or any and/or all Content (except caching or as
necessary to view the Site); (c) make any use of the Site or any and/or all Content other than
personal use; (d) modify, reverse engineer or create any derivative works based upon either the
Site or any and/or all Content; (e) collect account information for the benefit of yourself or
another party; (f) use any meta tags or any other "hidden text" utilizing any and/or all Content;
or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or
take any other action that may impose an unreasonable burden or load on our infrastructure.
You must retain, without modification, all proprietary notices on the Site or affixed to or
contained in the Site.
We also grant you a limited, revocable, non-transferable and nonexclusive license to create a
hyperlink to the home page of the Site for personal, non-commercial use only. A website that
links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) must not
imply that we are endorsing such website or its services or products; (iii) must not misrepresent
its relationship with us; (iv) must not contain content that could be construed as distasteful,
obscene, offensive, controversial or illegal or inappropriate for any ages; (v) must not portray us
or our products or services, in a false, misleading, derogatory, or otherwise offensive or
objectionable manner, or associate us with undesirable products, services, or opinions; and (vi)
must not link to any page of the Site other than the home page. We may, in our sole discretion,
request that you remove any link to the Site, and upon receipt of such request, you shall
immediately remove such link and cease any linking unless separately and expressly authorized
in writing by us to resume linking.
Any unauthorized use by you of the Site or any and/or all of our Content automatically
terminates the limited licenses set forth herein without prejudice to any other remedy provided
by applicable law or these Terms and Conditions.
5. Your Obligations and Responsibilities
In the access or use of the Site, you shall comply with these Terms and Conditions and the
special warnings or instructions for access or use posted on the Site. You shall act always in
accordance with the law, custom and in good faith. You may not make any change or alteration
to the Site or any Content or services that may appear on this Site and may not impair in any
way the integrity or operation of the Site. Without limiting the generality of any other provision
of these Terms and Conditions, if you default negligently or willfully in any of the obligations set
forth in these Terms and Conditions, you shall be liable for all the losses and damages that this
may cause to NCN, our affiliates, partners or licensors.
6. Third Party Links
We are not responsible for the content of any off-website pages or any other websites linked to
or from the Site. Links appearing on the Site are for convenience only and are not an
endorsement by us, our affiliates or our partners of the referenced content, product, service, or
supplier. Your linking to or from any off-website pages or other websites is at your own risk. We
are in no way responsible for examining or evaluating, and we do not warrant the offerings of,
off-website pages or any other websites linked to or from the Site, nor do we assume any
responsibility or liability for the actions, content, products, or services of such pages and
websites, including, without limitation, their privacy policies and terms and conditions. You
should carefully review the terms and conditions and privacy policies of all off-website pages
and other websites that you visit.
7. Special Features, Functionality and Events
The Site may offer certain special features and functionality or events (such as contests,
in addition to or in lieu of these Terms and Conditions; and (b) be offered by us or by third
parties. If so, we will notify you of this and if you choose to take advantage of these offerings,
you agree that your use of those offerings will be subject to such additional or separate terms
of use, rules and/or policies.
8. Copyright Complaints
We respect the intellectual property of others. If you believe that a work has been copied on
the Site in a way that constitutes copyright infringement, please email via our website contact page to
notify us of a claimed infringement.
9. Representations and Warranties; Limitation of Liability
THE SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND
CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO
THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE
RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b)
ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY,
MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES
OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE
LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH
MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO "
OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g)
EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY
INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR
ANY LOST PROFITS OR BUSINESS RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF
THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN
NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS
YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE
SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR
AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including
reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting
from your use of the Site or breach of these Terms and Conditions. You also agree to indemnify
us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use
of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any
other action you take that imposes an unreasonable burden or load on our infrastructure.
With respect to any dispute regarding the Site, all rights and obligations and all actions
contemplated by these Terms and Conditions shall be governed by the laws of New Zealand.
Any dispute relating in any way to your visit to the Site shall be submitted to confidential
arbitration in Auckland, New Zealand and you submit to the jurisdiction and proceedings
thereof, except that, to the extent you have in any manner violated or threatened to violate our
intellectual property rights or the intellectual property rights of our affiliates, partners or
licensors or otherwise have a cause of action in equity, we may seek injunctive or other
appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and
venue in any such court for such purposes. The arbitrator shall be appointed by the parties, or
failing agreement within 10 working days after, and exclusive of, the date of service of the
written notice, shall be appointed at the request of a party by the president or vice president
for the time being of the New Zealand Law Society or the nominee of such president or vice
president. Arbitration under these Terms and Conditions shall be conducted as soon as possible
in accordance with, and subject to the provisions and rules of the Arbitrators’ and Mediators
Institute of New Zealand Inc and the Arbitration Act 1996. The arbitrator's award shall be
binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration under these Terms and Conditions shall be
joined to an arbitration involving any other party subject to this Terms and Conditions, whether
through class arbitration proceedings or otherwise. risk.
12. Consent to Receive Notices Electronically by Posting on the Site and Via Email
You consent to receive any agreements, notices, disclosures and other communications
(collectively, “Notices”) to which these Terms and Conditions refer from us electronically
including without limitation by e-mail or by posting notices on this Site. You agree that all
Notices that we provide to you electronically satisfy any legal requirement that such
communications be in writing. To withdraw your consent to receive Notices electronically, you
must notify us of your withdrawal of such consent by emailing us via our website contact page and
discontinue your use of this Site. In such event, all rights granted to you pursuant to these
Terms and Conditions, including but not limited to the limited licenses set forth herein, shall
automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user
that cannot consent to receipt of Notices electronically.
Please note that this consent to receive Notices is entirely separate from any election you may
make with respect to receipt of marketing communications. Your options with respect to
You acknowledge and agree that these Terms and Conditions constitute the complete and
exclusive agreement between us concerning your use of the Site, and supersede and govern all
prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time
by posting the changes on the Site and notifying you through the Site of such change. Any
changes are effective immediately upon posting to the Site and release of notice of such
change. Your continued use of the Site thereafter constitutes your agreement to all such
changed Terms and Conditions. We may, with or without prior notice, terminate any of the
rights granted by these Terms and Conditions. You shall comply immediately with any
termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency,
partnership, or other form of joint enterprise between us. Our failure to require your
performance of any provision hereof shall not affect our full right to require such performance
at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held
to be a waiver of the provision itself. In the event that any provision of these Terms and
Conditions shall be unenforceable or invalid under any applicable law or be so held by any
applicable arbitral award or court decision, such unenforceability or invalidity shall not render
these Terms and Conditions unenforceable or invalid as a whole but these Terms and
Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully
reflect the original intent of the parties as reflected in the original provision.
If you have any questions regarding these Terms and Conditions, please email via our website contact page.
COPYRIGHT ACT NOTICE POLICY
Consistent with the Copyright Act 1994, as amended by the Copyright (New Technologies)
Amendment Act 2008, if you believe that copyrighted materials have been copied in a way that
constitutes copyright infringement, please send an e-mail or written notice to our Designated
Agent for notices of infringement and provide the following: