Terms and Conditions of Use
By accessing the website Garden Master.nz (“Website”) (“Agreement”) and any of its related products and services (collectively, “Services”), you acknowledge that you have read, understood and agree to be bound by the terms of this Agreement. This Website is operated by Garden Master Industries Limited. Any reference to “Garden Master”, “we”, “us” or “our” in this Agreement means Garden Master Industries Limited.
If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you may not access and use the Website and Services.
In this Agreement, the following words have the following meanings:
IP means intellectual property owned or licensed by us relating to our Website, Services, including the text, graphics, logos, icons, the software and any other material underlying or forming part of this Website, or our Services, and includes any rights to that intellectual property including any copyright, trade or service mark, trade or business name, logos, and any other distinctive brand features, design, patent, semiconductor or circuit layout right, computer code (including source, library, object, and executable code), inventions and logical sequences, in all cases whether registered or unregistered and anywhere in the world.
Accounts And Membership
If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
Billing And Payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Accuracy Of Information
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to pricing, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.
Links To Other Resources
Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.
Changes And Amendments
We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.
Your use of this Website or our Services do not transfer the ownership or grant any right or title in or to any of our IP to you or any third party.
You agree and acknowledge that:
- we retain all right, title and interest in and to our IP and you agree to not attack, dispute or contest the validity, or the ownership, of our IP; and
- no ownership rights in any of our IP are vested or created by the limited rights of use granted to you under this Agreement and that all use of our IP under this Agreement, continues for our benefit.
Privacy and Communication
No Warranty / Disclaimer
To the maximum extent permitted by law, we expressly disclaim and exclude all representations, warranties, conditions and guarantees, including (without limitation) in respect of quality, merchantability, fitness for purpose, condition, description, manufacture, design or performance whether express, implied by common law, law merchant, trade usage, custom or otherwise or statutory in relation to the Website or any Services made available on the Website.
You acknowledge and agree that:
· the Services available on the Website may not be applicable or right for you and we do not take into account into account the particular situation or needs of any individual users;
· despite our efforts, the Website and Services may not be up to date or current at your time of use;
· despite our efforts, the interactive tools and guides available on our Website may contain errors and omissions
· despite our efforts, the Website may contain errors or omissions;
· your use of the Website and any Services made available on the Website is at your sole risk;
· the Website and any Services made available on the Website are provided “as is”;
- the Website or any Services made available on the Website may not be secure, timely, uninterrupted, error-free or otherwise reliable;
- the transmission of information via the internet is not secure and we cannot guarantee the security of your data in transmission to or from our Website or within any Service; and
- the Services relate to New Zealand law only.
You agree to indemnify us against all liabilities, costs (including full costs between solicitor and client), losses, claims, expenses and demands incurred by us which arise from or in connection with your access or use of the Website or the Services including but not limited to any breach by you of warranties under this Agreement, and from any third party claims arising out of or incidental to your use of this Website or the Services.
Limitation of Liability
Despite anything else contained in this Agreement, any liability to you by us in respect of anything arising from or concerning this Agreement, the Website or any Services, whether arising in tort (including negligence), contract, breach of statutory duty, equity or otherwise arising from any relationship with you (“Our liability”) is excluded to the fullest extent permitted by law. To the extent that Our liability cannot be excluded by law, or to the extent that the exclusion of Our liability would render any of the terms in this Agreement unenforceable, you agree that the maximum amount that you are entitled to claim against us (in total) and the maximum amount that we (in total) are liable to you for is one New Zealand dollar or the next largest amount that would be needed to render the terms of this Agreement (including these exclusion and limitation provisions) enforceable for our benefit. Despite anything else contained in this Agreement, you agree that we are not liable to you (or to anyone else) for any failure or delay in the performance of our obligations under this Agreement to the extent that the failure or delay is caused, directly or indirectly, by an event outside our reasonable control.
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the contact form.
This document was last updated on September 2021