TERMS OF USE

This website (Site) is operated by Ecomist , a division of Damar Industries Limited referred to in these Terms of Use as Ecomist, we, our or us. Your use of the Site is governed by these Terms of Use. By accessing and browsing the Site, you agree to be bound by these Terms of Use.

Our products are sold and distributed by Ecomist franchisees throughout New Zealand (Franchisees). If you wish to purchase any of the products on this Site, you will be required to agree to the Terms and Conditions of Sale for those particular products. Any such purchases constitute a transaction between you and the Franchisee in your region.

  1. Intellectual Property

    All intellectual property on this Site, including without limit, the text, graphics, copyright works and trade marks, is owned by us, our related or associated companies or our content suppliers or licensors. We are the exclusive owner of all rights in the compilation, design and layout of this Site.

  2. Right to Use Site and Content

    You may access, view, reproduce, download and print the content on the Site for:

    (a) the purpose of obtaining information about us and the products our Franchisees provide;

    (b) the purpose of ordering products from our Franchisees; and

    (c) any other non-commercial purposes,

    provided that no images are reproduced on their own (rather than in the context in which they are used on the Site), and that any reproduction includes a prominent acknowledgement of our rights in the relevant content.

    To the extent permitted by applicable law, any other distribution, copying, reproduction, reselling, publishing, transmitting or storage of the content on the Site is prohibited, except with the express prior written permission of Ecomist. Ecomist will not be liable for any infringement of third-party rights through your use of the Site or its content.

  3. Your Responsibilities

    You agree to use the Site only for the purposes for which it is being provided. You must not use the Site for any improper, injurious, offensive or unlawful purposes. You must not damage or disrupt the Site.

    You are responsible for any actions you take based on products or information obtained through the Site, and all outcomes resulting from your use of those products or information.

    You agree that you will at all times comply fully with all relevant laws, ordinances, rules, regulations and orders of all relevant regulatory bodies in relation to the Site or any of the products or information made available to you through the Site.


  4. Online Ordering

    Prior to making any purchases, you will need to agree to the Terms and Conditions of Sale . These terms are between you and the Franchisee in your region.

    When you access the online ordering pages on the Site (Online Ordering Section) you will be given the option of creating a unique account with your personal details by completing the Registration Form (User Account). We reserve the right to decline your registration, or cancel any prior registration, for any reason and at our absolute discretion.

    You agree you may access the Online Ordering Section only through the username and password assigned to your User Account, and that you will be responsible for all use of the Site through use of your User Account.

    You are responsible for keeping your password secure and secret. If you suspect that someone else knows your password and/or has accessed and used the Online Ordering Section under your username, you must notify us immediately and change your password as soon as possible.

  5. Alteration, Suspension or Termination of Site

    Ecomist reserves the right to alter, suspend or terminate the Site or your access to the Online Ordering Section temporarily or permanently at any time and without prior notice.

  6. Product Information and Prices

    All prices listed are in New Zealand dollars. All prices include New Zealand Goods and Services Tax and are based on our current price list, subject to variation in accordance with the Terms and Conditions of Sale.

    You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to an error or oversight. In these circumstances, the relevant Franchisee reserves the right to cancel the transaction notwithstanding that your order has been confirmed or otherwise accepted – please refer to the Terms and Conditions of Sale for further details.

    All products offered for purchase on the Site are subject to availability. Some of the products featured on the Site are displayed for promotional purposes only and may not be available for purchase through the Site.

  7. Disclaimers

    The information provided on the Site is for general guidance only. You must make your own assessment of the suitability and appropriateness of the products, services and the information contained on the Site for their particular use.

    Ecomist does not warrant that the Site and/or your use of the Site will be faultless, immediate, continuous or virus-free, or that information provided by Ecomist through the Site (including the stated availability or unavailability of products and services) will be complete, accurate or up-to-date. Ecomist has no liability or responsibility for any errors or omissions in the content on the Site.

    Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. You should never share your secure information, password or identifier with any other person.

  8. All Liability Excluded

    Subject to clause 9 of these Terms of Use, to the fullest extent permitted by law:

    (a) Ecomist will not be liable for any loss, damage, cost or expense of any kind, whether direct, indirect, incidental, consequential, punitive or otherwise, suffered or incurred by you in connection with your access to, or use of, the Site or the content on or accessed through it;

    (b) all warranties, representations and guarantees (whether express or implied, by statute or otherwise, including any implied warranties of merchantability, suitability or fitness for purpose other than those expressly set out in these Terms of Use, are excluded.

  9. Consumer Guarantees Act

    Nothing in these Terms of Use is intended to limit or replace any rights you have under the Consumer Guarantees Act 1993 (CGA), provided that if you are, or are holding yourself out as, using the Site or the content on the Site for the purposes of a business in terms of section 43(2) of the CGA, the provisions of the CGA will not apply.

  10. Indemnity

    You agree to indemnify us in respect of any loss, damage, cost or expense (including legal costs on a solicitor and own client basis) that we suffer or incur as a result of any breach by you of any of your obligations under these Terms of Use.

  11. Third Party Websites

    The Site may contain links to third party websites. These websites have not been developed, and are not controlled, by us. The links are provided for your convenience only, and do not imply that we check, endorse, approve or agree with any third party website (or the content on such website) that the Site links to.

  12. Hyperlinks

    We reserve the right to prohibit links to the Site, and you agree to remove or cease any link upon our request. You may not frame any part of the Site material by including advertising or other revenue-generating material.

  13. Privacy Policy

    Our Privacy Policy governs the collection, use, storage and disclosure of personal information by Ecomist. The Privacy Policy forms part of these Terms of Use.

    Where you provide personal information to obtain any product, service or information through the Site, that personal information must be correct, complete and up-to-date when you provide it. You agree to advise Ecomist as soon as possible if the personal information provided changes, or you become aware of any inaccuracy in the personal information you have provided. If you are providing personal information relating to any person other than yourself, you warrant that you are authorised to provide that information.

  14. Confidentiality and Statements

    Subject to the Privacy Policy , any communication or material transmitted to us in connection with the Site (including by email) will be treated as non-confidential and non-proprietary. Anything you transmit, including ideas, suggestions, information or other material becomes the property of Ecomist and may be used, reproduced, published, modified, adapted and transmitted without restriction.

    Jurisdiction and Governing Law

    These Terms of Use and any claims or disputes connected with this Site will be governed by New Zealand laws and will be dealt with by New Zealand courts. You agree to submit to the non-exclusive jurisdiction of New Zealand courts.

  15. Amendments

    We may amend these Terms of Use from time to time, and you should check and read these Terms of Use regularly. By continuing to use this Site after any such amendment, you are deemed to have agreed to the amended Terms of Use.