Website Terms and Conditions

Last updated: 24 June 2016

Parties

  1. New Zealand Optical Wholesalers Association (NZOWA)
  2. The Visitor or User of this website (You)

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

License to use website

Unless otherwise stated, NZOWA and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website except for content specifically and expressly made available for redistribution

Ecommerce

Currency

Any orders or payments transacted through this website (unless stated otherwise) will be billed in New Zealand dollars.

Refunds

The NZOWA will refund any payments performed through this website in error. Request for a refund must be performed in writing within 7 days of the transaction occurring. The refund will be paid into the designated New Zealand bank account within 10 working days of the refund request, and the supply of the bank account details.

Cancellations

The NZOWA will refund any payments for the cancellation of any conference or event registrations if notified of the cancellation in writing within 21 days of the start of the conference or event. The refund will be paid into the designated New Zealand bank account within 10 working days of the refund request, and the supply of the bank account details.

Acceptance of Terms

Orders or payments performed through this website is a confirmation of acceptance of the terms and conditions of this website.

Credit Card and CVV2 Information

This website uses a professional 3rd party payment gateway provider to perform all online payment transactions. No credit information or CVV2 codes are stored on this website.

Invoice / Confirmation

On the successful completion of a registration or payment through the website, and invoice or confirmation will be sent to the specified email address confirming the transaction.

Trading Name

The name that will appear on any cardholder statements or confirmation emails will be: New Zealand Optical Wholesalers Association, which is a New Zealand owned association.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without NZOWA’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without NZOWA’s express written consent.

Restricted access

Access to certain areas of this website is restricted.  NZOWA reserves the right to restrict access to areas of this website, or indeed this entire website, at NZOWA’s discretion.

If NZOWA’s provides you with a User ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the User ID and password are kept confidential. 

NZOWA’s may disable your user ID and password in NZOWA’s sole discretion without notice or explanation.

Member content

In these terms and conditions, “your member content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to NZOWA’s a worldwide, irrevocable, non-exclusive, royalty-free license to use, publish, member content in any existing or future media for the purposes of promoting the Member within the NZOWA website.

Your member content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or NZOWA or a third party (in each case under any applicable law).

You must not submit any member content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

NZOWA reserves the right to edit or remove any material submitted to this website or published upon this website.

Notwithstanding NZOWA rights under these terms and conditions in relation to user content, NZOWA does not necessarily undertake to monitor the submission of all such content to, or the publication of such content on, this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied.  NZOWA makes no representations or warranties in relation to this website or the information and materials provided on this website. 

Without prejudice to the generality of the foregoing paragraph, NZOWA does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

Limitations of liability

NZOWA will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if NZOWA has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit NZOWA’s liability in respect of any:

  • death or personal injury caused by NZOWA’s negligence;
  • fraud or fraudulent misrepresentation on the part of NZOWA’s; or
  • matter which it would be illegal or unlawful for NZOWA to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 

If you do not think they are reasonable, you must not use this website.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify NZOWA and undertake to keep NZOWA indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by NZOWA to a third party in settlement of a claim or dispute on the advice of NZOWA’s legal advisers) incurred or suffered by NZOWA arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to NZOWA other rights under these terms and conditions, if you breach these terms and conditions in any way, NZOWA may take such action as NZOWA deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

NZOWA may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

NZOWA may transfer, sub-contract or otherwise deal with NZOWA rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and the NZOWA in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Applicable Law

The agreement shall be governed by and construed and interpreted in accordance with the law in force for the time being in New Zealand.

The parties hereby irrevocably submit to the exclusive jurisdiction of the Courts of New Zealand for any matter arising under or touching this agreement.

Registrations and authorisations

Visionz is registered with New Zealand Intellectual Property Office.  You can find the online version of the register at https://www.iponz.govt.nz. Visionz’s registration number is 1017604.

EduVisionz is registered with New Zealand Intellectual Property Office.  You can find the online version of the register at https://www.iponz.govt.nz. EduVisionz’s registration number is 1017608.

 


 

Privacy Statement

Your privacy is important to the NZOWA.  In accordance with the Privacy Act 1993, this privacy statement provides information about the personal information that NZOWA collects, and the ways in which NZOWA uses that personal information.

Personal information collection

NZOWA may collect and use the following kinds of personal information:

  • information about your use of this website (including contact submissions to NZOWA or its members);
  • information that you provide using for the purpose of registering with the website;
  • information about transactions carried out over this website;
  • information that you provide for the purpose of subscribing to the website services (including membership or exhibitor profile information); and
  • any other information that you send to NZOWA.

Using personal information

NZOWA may use your personal information to:

  • administer this website;
  • personalize the website for you;
  • enable your access to and use of the website services;
  • publish information about you on the website;
  • send to you products that you purchase;
  • supply to you services that you purchase;
  • send to you statements and invoices;
  • collect payments from you; and
  • send you marketing communications.

Where NZOWA discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement.

In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, NZOWA may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.

Securing your data

NZOWA will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

Cross-border data transfers

Information that NZOWA collects may be stored and processed in and transferred between any of the countries in which NZOWA operates or the website is hosted to enable the use of the information in accordance with this privacy policy.

You agree to such cross-border transfers of personal information.

Updating this statement

NZOWA may update this privacy policy by posting a new version on this website. 

You should check this page occasionally to ensure you are familiar with any changes. 

Other websites

This website contains links to other websites. 

NZOWA is not responsible for the privacy policies or practices of any third party.

 


 

Credit

The above Terms and Conditions, and Privacy Statement was based on a template written by Contractology available at http://www.freenetlaw.com.