LITTLE STYLE LIMITED
WEBSITE TERMS AND CONDITIONS OF USE
1. Welcome to this website (the “Site“) which is owned and operated by Little Style Limited trading as “Indie and August” (“Indie and August”). Indie and August maintains the Site as a service to its visitors and its partner clients (collectively its “Users”). Your use of the Site is governed by these Terms and any additional terms, conditions, notices and disclaimers posted from time to time concerning the use of this Site and its associated services. By accessing and browsing this Site you acknowledge that you have read and fully understand the Terms, accept them as legally binding between us and you and waive any rights to contest their validity or enforceability, including on the grounds of lack of notice of them; and waive your rights to make any claim against us inconsistent with them.
2. The Site is an online directory. It is a platform to showcase products for purchase from our various partners who advertise on this Site (“Partner”). If you place an order for a product that you have located on our Site (a “Product”), you will be directed to our Partner’s website. There are no transactions made on this site. Indie and August will not be party to any contract of sale entered into from the Site and there is no recourse to Indie and August for any breach of contract between you and a Partner. You further acknowledge you have no claim against Indie and August for any statement made by a Partner in the course of advertising on this Site.
3. When you create an account with Indie and August you consent to receive electronic marketing material from us from time to time, including information about our competitions and our newsletter. To unsubscribe please follow the link in the material received or email us at email@example.com.
4. Changes to the Terms
4.1. We may revise the Terms at any time by amending this page. Your use of the Site will be subject to the most recent version of the Terms available on the Site. We recommend that you read through the Terms available on the Site regularly so that you can be sure that you are aware of any changes that may apply to you
4.2. If you do not agree with these Terms (including any amendments to them) you must immediately cease using this Site.
5. Access and use of the Site
5.1. User access to the Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Site without notice to you.
5.2. Users must not misuse the Site by knowingly introducing viruses, trojans, worms, or any other material which is malicious or technologically harmful. Users must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. Users must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing a User’s identity to them. In the event of such a breach, a User’s right to use the Site will cease immediately.
5.3. Users are responsible for making all arrangements necessary to have access to the Site.
6. Information Service
6.1 All information provided by us pursuant to these Terms is provided in good faith. You accept that any information provided by us is general information and is not in the nature of advice. Indie and August derive our information from sources which we believe to be accurate and up to date as at the date of publication. While Indie and August has tried to ensure the content of this Site is current, accurate and complete it does not guarantee such content will be current, accurate or complete when you access it. Given that the law is constantly changing no express or implied representation or guarantee (including towards third parties) is made as to accuracy, reliability or completeness of the content of the Site at any time. For the purpose of clarity, this includes information advertised on this Site as to price representations (whether in New Zealand Dollars or another international currency) of a Product. In purchasing a Product you are responsible to ensure the price you pay is the price agreed between the Partner and yourself. There is no recourse available towards Indie and August for any mistake as to the pricing displayed on this Site. The correct price is determined in accordance with a Partner’s rights as displayed on their Website. This also includes descriptions of Products as displayed on this Site.
6.2. Indie and August is not responsible for the content of external internet sites that link to this Site or which are linked from it.
6.3 Indie and August does not make any representation that the content of this Site is appropriate or available for use by way of renovation related, legal or other advice. Users who choose to access this Site do so at their own risk and are responsible for compliance with local laws and regulations.
6.4. Indie and August also make no representations that the information you receive from this Site will be uninterrupted, timely or secure.
6.5. Indie and August are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us. You should make your own enquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which is made available to you.
7.2 Keeps ‘My Keepsake Box’ Giveaway:
– Open to NZ residents only.
– One entry per person.
– Competition runs from Thursday 2nd March – Wednesday 8th March 2017, 10am.
– Prize winner will be notified within 3 working days after competition closes.
– Prize Winner will be contacted via the details provided at the time of registering/entering. The Promoter reserves the right to redraw the prize if it is unable to contact a winner after three attempt (within 10 working days).
– Prize includes: 1x ‘My Keepsake Box’ (NZD$54.90)
– No cash alternative to the products will be offered. The prize/s are not transferable.
– Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
– Winner will be sent the above products from Keeps.
– The Promoter, any participating sponsors, retailers and their associated agencies and companies shall not be liable for any loss or damage to prizes sent by courier.
8. Mobile access
8.1. This Site offers content available for mobile phone access. Indie and August are not responsible for any additional charges your telecommunications service provider may impose by using this Site. User access of this Site on a mobile phone is conditional on acceptance of these Terms.
9. Service Provider
9.1. You agree that Indie and August is not liable for any charges imposed by your internet service provider in relation to the use of the Site.
10.1. Limited Liability—to the extent permitted by law:
10.1.1. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms that may apply to the Site or any content on it, including the Site Articles/Blogs, or services provided through it, whether express or implied.
10.1.2. We will not be liable to you or any other user of the Site or the Site Articles/Blogs for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, the Site or the Site Articles/Blogs including without limitation any direct loss of profit, loss or damage to data, loss of reputation or goodwill, loss of opportunity or anticipated savings or any indirect, special, consequential or punitive losses of any kind.
10.1.3. The use of this Site is at your own risk. You are responsible for your own security protection. We are not responsible for any unintended consequences arising from your use of an inadequately protected internet browsing system.
10.2. All products and services accessed through the Site are subject only to any applicable warranties of their respective manufacturers, distributors and suppliers. To the fullest extent permissible by applicable law, Indie and August disclaim all warranties of any kind, either expressed or implied, including any implied warranties with respect to the products and services listed or purchased on or through this Site.
10.3. You acknowledge that no contractual relationship exists between you and Indie and August, nor have you placed any reliance on any information provided by Indie and August before purchasing from any Partner any Products advertised on this site.
10.4. This disclaimer as set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if and to the extent such liability cannot be lawfully excluded.
11.1. You shall indemnify, defend and hold harmless us, or directors, employees, agents, subcontractors, on demand, from and against all actions, claims, causes of action, proceedings and demands of whatsoever nature or kind, as well as from and against all damages, liabilities, obligations, losses, costs charges, penalties, fines and expenses (including reasonable legal fees resulting therefrom) arising out of or in connection with your breach of the Terms.
12. Jurisdiction and Governing Law
12.1. This Site and the contents has been prepared in accordance with the requirements of New Zealand law. These Terms and any matters or disputes connected with this Site will be governed by New Zealand laws and will be dealt with by New Zealand Courts. You must ensure that your access to this Site is not illegal or prohibited by laws that apply to you.
13. Intellectual Property
13.1. All intellectual property rights are in the Site and its contents are owned by or licensed to Indie and August or are otherwise used by Indie and August as permitted by law. You expressly acknowledge that Indie and August is the proprietor and/or the authorised user of the Indie and August logo, the Site (including text, graphics, logos, icons, sound recordings and software) and all other copyright, trademarks and all other intellectual property rights in the material displayed or made available through the Site.
13.2. All intellectual property rights of Indie and August or its licensees, suppliers or other third parties referred to or named on the Site are protected by law from reproduction, mutation, dilution or confusing or misleading uses.
13.3. Nothing stated or implied on the Site confers on or grants you any license or right under any patent, copyright work, trademark, design, logo, picture or other work or content on the Site or other right of a similar nature to any intellectual property right.
13.4. No act of downloading or otherwise copying or reproducing from the Site will transfer title to you of any software or the content on the Site unless prior approval is obtained in writing from Indie and August.
14. Use of the Site and Content
14.1. All intellectual property on the Site is owned by Indie and August or its Partners. You may access, view, reproduce and print the content on this Site provided that you only use the content for information, non-commercial purposes and the content is not modified, adapted or altered in any way.
14.2. Any reproduction will include a prominent acknowledgement of Indie and Augusts’ rights in the relevant content. If you wish to link to any part of this Site you must get Indie and August’s prior written consent.
14.3. You must not use this Site or the content on it for any other purpose or in any other way.
15. Termination and suspension
15.1. We may, in our sole discretion, terminate or suspend your access to the Site immediately without notice if you breach any of the Terms. This includes all Users of the Site.
16. Data protection and privacy
17.1 The Terms do not create or infer any rights that are enforceable by any person who is not a party to them.
17.2. You may not assign, sub-license or otherwise transfer any of your rights or obligations in the Terms to any other person without our written consent.
17.3. If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.
17.4. If any part of the Terms is found to be illegal, invalid or otherwise unenforceable by a court or regulator, then, where required, that part shall be deleted from the Terms and the remaining parts of the Terms will continue to be enforceable.
17.5. These Terms and any non-contractual obligations arising out of them shall be governed by and construed in accordance with New Zealand law and if you are a business you agree to submit to the exclusive jurisdiction of the New Zealand courts.
2. Your privacy is very important to us. For that reason, please read the following details carefully and get in contact with us if you have any questions. You can contact us on email firstname.lastname@example.org.
3. When you create an account with Indie and August you consent to us collecting, retaining and updating personal information about you; which you provide directly and indirectly through the use of this Site and the services and functionality offered through it. You also consent to us using the personal information you have provided us for purposes connected with providing, monitoring and marketing products and services to you and keeping you informed of developments or opportunities in products or activities you have previously been interested in or we believe you may be interested in. In addition, we also collect cookies from your computer, which enables us to tell when you use the Site and also to help customise your Site experience.
4. Overall, the purpose for which we collect personal information is to provide you with the best service experience possible on the Site. Some provision of personal information is optional. However, if you do not provide us with certain types of personal information, you may be unable to enjoy the full functionality of the Site.
5. You are entitled to access and correct the personal information Indie and August holds about you at any time. You can request to be removed from any Indie and August mailing list or similar Indie and August service by simply emailing us on email@example.com. Your rights and removal may be subject to any additional terms which will apply to the relevant list or service.
7. We also use social media services such as Facebook and Instagram. Your use of these third party services is entirely optional. We are not responsible for the privacy policies and/or practices of these third party services, and you are responsible for reading and understanding those third party services’ privacy policies.
8. We employ and contract with people and other entities that perform certain tasks on our behalf and who are under our control (our “Agents”). We may need to share personal information with our Agents in order to provide products or services to you. Unless we tell you differently, our Agents do not have any right to use personal information or other information we share with them beyond what is necessary to assist us. By using this Site, you consent to our sharing of personal information with our Agents.
9. Should we choose to buy or sell assets, partially or substantially, personal user information is typically considered such an asset for transfer to a third party in these circumstances. Should this occur, you acknowledge the same and consent for the transferee to receive your personal information in adherence to this policy and to continue to use this information in accordance with this policy or any amendment thereof.
10. If you are visiting the Site from outside of New Zealand, you agree to any processing of any personal information you provide us according to this policy.
11. Privacy Disclaimer—While we strive to protect your personal information, we will not be held responsible for the loss, misuse, unauthorised access or disclosure, alteration or destruction of personal information you submit to us, and you do so at your own risk. While we strive to provide you with links to high quality, reputable sites, they are not under our day-to-day control. When you click through to these sites you leave the area controlled by this Site; therefore, we cannot accept responsibility for any issues arising in connection with either their use of your data, the site content or the services offered to our readers by these sites. Third party websites are responsible for informing you about their own privacy practices.
12. Disclosure—We customarily disclose personal information only to our service providers who assist us in operating the Site, our Agents, or in accordance with cl 9 of this Policy. We will only disclose personal information to an unrelated third party with your consent, as required by law, or for the purposes of prosecution where your use of the Site violates clause 5 of our Site Terms.
13. Access and correction—Part 5 of the Privacy Act 1993 allows you to get access to the personal information we hold about you in certain circumstances. If you would like to obtain such access, please contact us on the details set out above.