Terms of Service

Introduction

Wagsandwiggles.co.nz [this ‘Website’] is owned and operated by Wags Logistics Ltd and offers 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 website and / or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“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 and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

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.

Scope of these Terms and Conditions 

These Terms and Conditions cover wagsandwiggles.co.nz

Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of 18 or that you have been given consent to use this site by the appropriate authority figure. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You agree not to use this Website for any purpose that is unlawful or to engage in any conduct that is likely to impair or cause damage to the operation of this Website whether by way of a virus, corrupted file, through use of any software or program, or otherwise.

Furthermore, you agree not to alter, modify, reproduce, communicate to the public or otherwise deal with the content, software, text, graphics, layout or design of this Website except in accordance with these terms of use. A breach or violation of any of the Terms will result in an immediate termination of your Services.

General Conditions

We reserve the right to refuse service to anyone for any 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.

Your Account

In order to access certain information and features offered on this Website, you must create an account. To create your account, you must complete your account registration details in the manner described on this Website [including selecting a username and password which we will use to verify your identity when you use this Website]. You must ensure that your account registration details are complete and accurate when submitted to us, certify that the information that you have given is true and correct, and you must keep your account registration details up-to-date.

We may at our discretion [at any time and without notice to you] suspend or terminate your account, or your ability to use any features available through this Website.

Your account registration details [including your username and password] are personal to you. You must always maintain the confidentiality of your username and password and not disclose them to any third party. You agree that you are solely responsible for any use of this Website by any person using your username and password and you agree to indemnify us against any claims arising out of your failure to maintain the confidentiality of your username or password.

You agree to not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

We will not be liable for any loss that you may incur as a result of someone else using your password or account [whether with or without your knowledge]. You agree to notify us immediately of any unauthorised use of your account or any other breach of security.

Additionally, your submission of personal information through our online store is governed by our Privacy Policy.

Membership and Subscription

Boxes will be shipped to your address at the price listed. You may receive emails regarding your account or promotions for special offers, including third party offers. You may change your email preferences or cancel your membership at any time by emailing us at [email protected].

By purchasing any subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.

All payment details provided for a Wags and Wiggles subscription are retained by our payment provider. We do not retain this information.

To cancel your subscription at any time, you must email support at [email protected] at least 48 hours prior to your next scheduled renewal date listed on your account to avoid charge

Wags and Wiggles may submit periodic charges without further authorisation from you, until you provide prior notice that you have terminated this authorisation or wish to change your payment method within the 48-hour notice requirement.

If you cancel your subscription, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

We reserve the right to revoke your subscription at any time. Wags and Wiggles accepts no responsibility of damage made during delivery. Wags and Wiggles reserves the right to offer exchanges, store credit or refunds on products that were, for whatever reason, incorrectly ordered or wrong – always at its absolute discretion. Membership is void where prohibited by law. Please see our refund policy.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current.

The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.

You agree that it is your responsibility to research your own wellbeing choices and monitor changes to our site.

Modifications to the service and prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

Products or Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

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. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail 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 at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

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 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.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. 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.

User Comments, Feedback and other submissions

If, at our request, you send certain specific submissions (for example contest entries) 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 are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful acts;

(c) to violate any international or national regulations, rules, laws, or local ordinances;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

(h) to collect or track the personal information of others;

(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;

(j) for any obscene or immoral purpose; or

(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk.

In no case shall Wags and Wiggles, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Indemnification, Severability & Termination

You agree to indemnify, defend and hold harmless Wags and Wiggles and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

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 accordingly may deny you access to our Services (or any part thereof).

Intellectual Property

The materials displayed on this Website are protected by copyright and other laws of New Zealand, and under similar laws and international conventions abroad. You acknowledge and agree that all copyright and other property rights that may subsist in this Website including text, illustrations, photographs, video, music, sounds, layout, designs, source code, belong to us or to our licensors [together, ‘our intellectual property’].

Except as permitted with our prior written permission, you may not in any form or by any means: use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, publish, communicate or otherwise deal in any way with our intellectual property; or commercialise any information, products or services obtained from any part of this Website.

Copyright clearance and permission to use

This website and its content is copyright of Wags and Wiggles – 2022 Wags Logistics Ltd . All rights reserved.

Any redistribution or reproduction of part or all of the contents in any form is prohibited without express written permission. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

Electronic communications

You consent to receiving communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002. You consent to receiving electronic messages and information sent by us [or on our behalf] for any purposes described in our privacy policy. You agree, pursuant to section 11[2] of the Unsolicited Electronic Messages Act 2007, that the person sending any such message need not include a functional unsubscribe facility in that message.

Cookies

This Website uses cookies to provide you with a better service. For more detail, please review our Privacy Policy.

Disclaimers

We do not give any warranty or other assurance as to the content of material appearing on this Website, its accuracy, completeness, timeliness or fitness for any particular purpose.

To the maximum extent permitted by law, we provide this Website and related information and services on an “as is” basis without any warranties, representations, or guarantees of any kind [whether, express, implied, statutory or otherwise] including, but not limited to, warranties of non-infringement, merchantability, or fitness for a particular purpose.

Neither Wags and Wiggles or our suppliers will, under any circumstances, be liable under the law of tort, contract or otherwise for any loss of income, profits, data or savings or for any indirect, incidental, consequential, exemplary, punitive or special loss or damage of any party [including third parties], however caused, arising out of or in connection with the use of the Website or the reliance on any information on this Website.

Security

Although we endeavour to protect the security of your personal information you acknowledge that there is a risk of unauthorised access to [or alteration of] your transmissions or data or of the information contained on your computer system or on this Website. We do not accept responsibility or liability of any nature for any losses that you may sustain as a result of such unauthorised access or alteration. All information transmitted to you or from you is transmitted at your risk, and you assume all responsibility and risks arising in relation to your use of this Website and the internet. We do not accept responsibility for any interference or damage to your own computer system which may arise in connection with your accessing of this Website or any outbound hyperlink.

Changes to terms of service

We reserve the right to add to, modify, or remove this Website or any information, feature, specification, or other part of this Website [at any time and without notice to you]. We reserve the right to change these terms of service from time to time by publishing the changed terms on this Website. You should review these terms of service periodically to be aware of such changes. Your continuing access or use of this Website following such publication shall be deemed your acceptance of the revised terms of service.

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 to The Service constitutes 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.

Governing law

These Terms of Service are governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these terms of service.

Contact Information

Any questions about the Terms of Service should be sent to us at [email protected]

 

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