Ecomist Website 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.  You acknowledge that 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 purchase constitutes a transaction between you and the Franchisee in your region.

  1. Intellectual Property

All intellectual property on this Site, including without limitation, all information, data, text, graphics, photographs, logos, copyright works and trademarks, 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.

  1. 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 strictly prohibited, unless you have Ecomist’s prior written consent. Ecomist will not be liable for any infringement of third-party rights through your use of the Site or its content.

  1. 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, 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.

  1. Online Ordering

Before making any purchases from the Site, you will need to agree to the Terms and Conditions of Sale. You acknowledge that 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 the use of your User Account.

You are responsible for keeping your password secure and to not permit any other person to use your User Account without your authorisation. 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.

  1. Alteration, Suspension or Termination of Site

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

  1. 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, you agree that the relevant Franchisee reserves the right to cancel the transaction notwithstanding that your order has been confirmed or otherwise accepted ‚Äď 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.

  1. 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 information contained on the Site for their particular use.  Ecomist makes no representation or warranty that the Site is appropriate or available for use in all countries or that the content satisfies the laws of all countries. 

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. You acknowledge that Ecomist has no liability or responsibility for any errors or omissions in the content on the Site or for the Site being unavailable.

You acknowledge that 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.

  1. All Liability Excluded

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

(a) you acknowledge that you access and use the Site at your own risk; 

(b) Ecomist is not 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 inability to access or use the Site);  and

(c) 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.

  1. 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, you agree that the provisions of the CGA will not apply.

  1. 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 an obligation under these Terms of Use (including any failure of a person who accesses and uses our Site by using your User Account).

  1. 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 any endorsement, approval or recommendation of, or responsibility for any third party website or the contents, operations, products or operators of that third party. 

  1. 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.

  1. Privacy Policy

Our Privacy Policy governs the collection, protection, use and disclosure of personal information by Ecomist. The Privacy Policy forms part of these Terms of Use and your continued use of the Site is deemed to be acceptance of the Privacy Policy.

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 must promptly advise Ecomist if the personal information provided by you 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.

  1. 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. You agree that anything you transmit, including ideas, suggestions, information or other material will become the property of Ecomist and may be used, reproduced, published, modified, adapted and transmitted without restriction.

  1. Jurisdiction and Governing Law

These Terms of Use and any claims or disputes connected with this Site are 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.

  1. Amendments 

We may amend these Terms of Use at any time by updating them on the Site, and you should check and read these Terms of Use regularly. Unless otherwise stated, any change takes effect immediately.  By continuing to use this Site after any such amendment, you are deemed to have agreed to the amended Terms of Use.

  1. Entire Agreement

These Terms of Use constitute the entire agreement between the parties in relation to your use of the Site and supersede all prior agreements, discussions, understandings and representations (whether oral or written) by the parties.  Your continued use of the Site is deemed to be acceptance of these Terms of Use and you acknowledge that you have not relied on any representation, warranty or agreement relating to the Site that is not expressly set out in these Terms of Use. 

  1. Severability

If any provision of these Terms of Use is or becomes invalid or unenforceable, that provision shall be deemed deleted from these Terms of Use and such invalidity or unenforceability shall not affect the other provisions of these Terms of Use.