Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the website at https://narox.nz operated by NAROX.NZ ("NAROX", "us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. You warrant that you are at least 18 years old and legally capable of entering into binding contracts, or that you have obtained consent from your parent or guardian acting on your behalf.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.
Purchases
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply relevant information including payment details, billing address and contact information.
You represent and warrant that you have the legal right to use any payment method in connection with a Purchase, and that the information you supply is true, correct and complete. By submitting such information you grant us the right to provide it to payment processors for the purpose of completing the Purchase.
We reserve the right to refuse or cancel an order at any time, including for reasons of availability, errors in description or price, errors in your order, or where we reasonably suspect fraud or an unauthorised or illegal transaction.
The Service is not intended to provide qualitative advice regarding the fitness for purpose or merchantability of any products or services. We strongly advise you to exercise caution and perform your own due diligence before transacting.
Availability, Errors and Inaccuracies
We are constantly updating our offerings. Products or services may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service. We do not guarantee the accuracy or completeness of any information, including prices, specifications and availability, and reserve the right to correct errors, inaccuracies or omissions at any time without prior notice.
Accounts
Where you create an account, you must provide information that is accurate, complete and current at all times. You are responsible for safeguarding your password and for all activities that occur under your account. You must notify us immediately of any unauthorised use of your account.
Acceptable Use
You agree not to use the Service, or any hosting, server, network or infrastructure we provide, to:
- Distribute illegal content or material that infringes the rights of others;
- Launch denial-of-service, spam, phishing, or other abusive or malicious activity;
- Consume resources in a manner that adversely affects other customers or the stability of our infrastructure;
- Attempt to gain unauthorised access to any system, account or data.
We may suspend or terminate an account or service immediately if we reasonably believe these obligations have been breached.
Termination
We may terminate or suspend your account or service without prior notice for any reason, including breach of these Terms. You may stop using the Service at any time. Provisions that by their nature should survive termination will survive, including warranties, indemnification and limitations of liability.
Indemnification
You agree to indemnify and hold harmless NAROX and its successors and assigns from all damages, costs, expenses and liabilities, including legal fees, relating to any claim arising out of or related to your use of the Service or your breach of these Terms or any applicable law or the rights of another person. This indemnity survives any termination.
Limitation of Liability
To the maximum extent permitted by law (including the New Zealand Consumer Guarantees Act 1993, where it applies to you as a consumer), NAROX shall not be liable for any indirect, punitive, special, incidental or consequential damage, including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage, however it arises.
You have sole responsibility for adequate security protection and backup of data and equipment used in connection with your use of the Service, and will not make a claim against us for lost data, re-run time, inaccurate instruction, work delays or lost profits. Without limiting the foregoing, our aggregate liability to you will not exceed the amounts you have paid to us for the relevant service over the 12 months preceding the claim.
Nothing in these Terms limits or excludes any right or remedy available to you under the Consumer Guarantees Act 1993 that cannot be excluded or limited by agreement.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
We do not warrant that the Service will function uninterrupted, be secure or available at any particular time or location, that errors or defects will be corrected, that the Service is free of viruses or other harmful components, or that results of using the Service will meet your requirements.
Account Credit
Account credit may be added due to overpayment of an invoice, adding funds to your account, affiliate commission, or donation. Credit arising from an overpayment may be refunded where it has not already been applied to another invoice. Credit arising from partner commission may be withdrawn once the balance exceeds the stated minimum. Credit applied by adding funds or donation is generally not eligible for refund or withdrawal.
Governing Law
These Terms are governed by and construed in accordance with the laws of New Zealand, without regard to conflict of law provisions. Any disputes are subject to the exclusive jurisdiction of the courts of New Zealand.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in effect. These Terms constitute the entire agreement between us regarding the Service.
Changes
We may modify or replace these Terms at any time. Material changes will be posted on this page and, where appropriate, notified on the Service or by email. It is your responsibility to review these Terms periodically; continued use of the Service constitutes acceptance of any changes.
Contact Us
If you have any questions about these Terms, please contact us at [email protected] or (+64) 022 598 7803.