Terms of service

Overview

This website is operated by Compendium Group Ltd, trading as Arcade Belts New Zealand. Throughout the site, the terms “we”, “us” and “our” refer to Arcade Belts New Zealand. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms of service (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms of this agreement, then you may not access the website or use any services.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Section 1 – Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least 18 years of age, or that you have the consent of a parent or guardian to use this site.

You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

Section 2 – General Conditions

We reserve the right to refuse service to anyone for any lawful reason at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service, or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 – Your Rights Under New Zealand Law

Our goods come with guarantees that cannot be excluded under the Consumer Guarantees Act 1993, and you have rights under the Fair Trading Act 1986. Nothing in these Terms of Service limits, excludes or modifies those guarantees or rights, and nothing in these Terms should be read as attempting to do so. Where any provision of these Terms would otherwise limit or exclude your statutory rights as a consumer, that provision applies only to the extent permitted by law.

Where you acquire goods from us for the purposes of a business, and to the extent permitted by section 43 of the Consumer Guarantees Act 1993, the guarantees in that Act do not apply.

Section 4 – Accuracy of Product Information

We have taken every measure to provide accurate product images for each product for sale on the site. However, individual differences between, for example, internet browsers or monitor colour contrasts are outside our control, and subject to Section 3 we cannot be held responsible for any differences in colour between the image and the actual product.

We have taken every measure to prevent internet fraud and to ensure any data collected from you is stored as securely and safely as possible.

Subject to Section 3, we shall have no liability to you for any delay in the delivery of products ordered, or any other matters, to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lockouts, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.

Subject to Section 3, we make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs.

Subject to Section 3, we reserve the right to change information, prices, specifications and descriptions of listed goods, products and services at any time and without notice.

Section 5 – Modifications to the Service & Prices

Prices for our products are subject to change without notice. All prices are shown in New Zealand dollars and include GST where applicable.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. Subject to Section 3, we shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Where an obvious pricing error has occurred, we may cancel the affected order and refund you in full.

Section 6 – Accuracy of Billing & Account Information

We 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. If we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made online. You agree to promptly update your account and other information, including your email address and payment card details and expiry dates, so that we can complete your transactions and contact you as needed.

If you create an account, you are responsible for keeping your login details secure and for activity that takes place under your account.

Section 7 – Shipping, Returns & Warranty

Delivery of your order is governed by our Shipping Policy, which forms part of these Terms. Risk in the goods passes to you on delivery.

Returns and exchanges are governed by our Returns & Exchanges page. Warranty claims are governed by our Lifetime Guarantee page. Both form part of these Terms and neither limits your rights under Section 3.

Section 8 – Third-Party Links

Certain content, products and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and subject to Section 3 we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third parties.

Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the third party.

Section 9 – User Comments, Feedback & Other Submissions

If, at our request, you send certain specific submissions, or without a request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence, (2) to pay compensation for any comments, or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.

Section 10 – Use of Our Website

You agree that in using our site, you confirm to us that:

You are legally capable of entering into a binding contract in respect of the product(s) you are ordering.
All information and details provided to us (including on your registration and order) are true, accurate and up to date in all respects and at all times.
You will comply with your obligations on your use of the website as set out in these terms and conditions.

You agree that in using our website you will not:

Use the website for any unlawful purpose.
Use the website in any way that interrupts, damages, impairs or renders the website less efficient.
Transfer files that contain viruses, trojans or other unlawful programs.
Access or attempt to access the accounts of other users, or penetrate or attempt to penetrate the website’s security measures.
Email or otherwise disseminate any content which is defamatory or obscene, or which may have the effect of being harassing, threatening or abusive to an individual or group of individuals based on religion, gender, sexual orientation, race, age, disability or otherwise.
Advertise or promote third party or your own products or services, including by way of the distribution of “spam” email.
Use the website for any purpose other than your personal use.

We reserve the right to suspend, restrict or terminate your access to our website at any time without notice if we have reasonable grounds to believe that you have breached any of these terms and conditions. This will not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.

Section 11 – Use of Social Media & User Generated Content

You own all content and information you post or share that uses the hashtag [[CONFIRM: #ArcadeBelts]].

By using this hashtag, you allow Arcade Belts New Zealand and Compendium Group Ltd (collectively “Arcade Belts”, “we” or “us”) permission to use your User Content as follows:

You grant to us a licence to reproduce, display, perform, distribute and otherwise use your User Content in connection with the Site and for other Arcade Belts digital marketing purposes including, without limitation, in Arcade Belts websites, social media accounts, email and other customer communications, and other media whether now known or developed in the future.

You agree that we may display advertisements in connection with your User Content, or on pages where your User Content may be viewed by you or others, and we may use your User Content to advertise and promote Arcade Belts New Zealand or the Site.

You grant us a licence to your User Content that is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. You also grant us a licence to your User Content that is fully paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise these rights to your User Content anywhere in the world.

You promise, warrant and represent that:

You own all rights to your User Content or, alternatively, that you have the right to give Arcade Belts the rights described above.
You have permission to use the name and likeness of any other person shown in the User Content.
You have paid and will pay in full any fees or other payments that may be related to the use of your User Content.
Your User Content does not infringe the intellectual property rights, privacy rights, publicity rights or other legal rights of any third party.

You will indemnify, defend and hold Arcade Belts, its directors, employees, parent and agents harmless against any losses, liabilities, claims and expenses (including solicitors’ fees) arising out of your breach of any representation or warranty as stated above, any third-party claim regarding the use by Arcade Belts of your User Content, or any action taken by you that is inconsistent with the rights granted as described above.

We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Site for any reason. We are under no circumstances required or obligated to use your User Content.

We respect the intellectual property rights of others. Please notify us in writing, by email, if you believe that a user of the Site or Arcade Belts has infringed your intellectual property rights. To be effective, the notification should include:

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
Identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site.
Information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an email address.
A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law.
A statement by you that the above information in your notification is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf, together with your physical or electronic signature.

You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from the Site.

Section 12 – Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination, and/or we may accordingly deny you access to our Services (or any part thereof).

Section 13 – Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site, or in respect of the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. If any provision of these Terms is found to be unenforceable, that provision is severed and the remaining provisions continue in force.

Section 14 – Governing Law

These Terms of Service, and any separate agreements whereby we provide you Services, shall be governed by and construed in accordance with the laws of New Zealand. You and we submit to the non-exclusive jurisdiction of the New Zealand courts.

Section 15 – Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 16 – Privacy

We collect and handle personal information in accordance with our Privacy Policy and the Privacy Act 2020.

Section 17 – Contact Information

Questions about the Terms of Service should be sent to us through our Contact Us page, or to [[CONFIRM: branded customer service email, e.g. info@arcadebelts.co.nz]].