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Terms & Conditions

Eco Guardian Limited (“Eco Guardian”) maintains this website www.iwantproof.co.nz for your information, education, enjoyment and use. By accessing and browsing the website, you agree to accept, without limitation or qualification, the Privacy Policy and Terms and Conditions stated below.

Ordering goods and services

When you place an order with Proof Eyewear New Zealand, you are making an offer to buy goods or services. An order is placed on this website via adding a product to the shopping cart and proceeding through our checkout process. The checkout process includes giving us delivery and any other relevant details for your order, entering payment information and submitting your order. The final step consists of a confirmation page with full details of your order, which you are able to print as a receipt of your order

Proof Eyewear New Zealand reserves the right to limit the number of items customers can purchase in a single transaction.

Proof Eyewear New Zealand will send you an e-mail to confirm that we have received and accepted your order, which indicates that your order has been accepted and you may not cancel it.

Proof Eyewear New Zealand will take payment from you when we accept your order.

Proof Eyewear New Zealand reserves the right to change any price, product, service or new item without notice. All promotional items are subject to availability. 

Refusing or cancelling orders

In the unlikely event that the goods or services ordered are no longer available Proof Eyewear New Zealand reserves the right to refuse or cancel an order.

Proof Eyewear New Zealand reserves the right to refuse or cancel any orders that we believe, solely by our own judgment, to be placed for commercial purposes, e.g. any kind of reseller. Proof Eyewear New Zealand also reserves the right to refuse or cancel any orders that we believe, solely by our own judgment, to have been placed fraudulently.

While Proof Eyewear New Zealand endeavours to ensure that the price and description of goods or services is accurate, if there is an error in the process of listing a product or service on this website or a technical error in the processing of your order we reserve the right to refuse or cancel the order.

Our right to cancel orders applies to orders that have been accepted. 

Returns and exchanges

Please visit the “Returns and Exchanges” page for full details on the returns process. 

Shipping and delivery

Please visit the “Shipping and Delivery” page for full details of shipping and delivery process. 

Personal and non-commercial use limitation

Unless otherwise specified, the services offered on this website are for personal and non-commercial use. Users may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or offer for sale any information contained on, or obtained from, this website.

If you are browsing this website as a non-commercial consumer, you may access material displayed on the website for your non-commercial, personal use only and subject to the these Terms and Conditions stated below.

If you are browsing this website as an employee/agent/member of any business or organisation, you may access or download material displayed on the website only in accordance with these Terms and Conditions. This permission is specifically subject to the condition that you maintain all copyright, trademark and other proprietary notices contained in the materials and keep all such material intact and in the same form as presented on the website. Additionally, you may not:

1. Distribute or transmit, modify, reuse, republish, frame, upload to a third party, report, or use the contents of the website for public or commercial purposes, including the text, images, audio, and video without Proof Eyewear New Zealands prior written permission; or

2. Use any meta tags or any other “hidden text” or use any sponsored or paid Google or other search engine sponsored search results / sponsored links that utilise keywords that directly relate to any of Proof Eyewears New Zealand name, trade indicia, trademark, logo, product or brand without Proof Eyewear New Zealand’s prior written permission.

Your access to and use of the website is also subject to these Terms and Conditions and all applicable laws. The material on this website resides on a server in the Auckland New Zealand. The law applicable to use of the material and to disputes arising out of the material is in New Zealand. 

Anti spam notice

Publication of electronic addresses on the website is for the purpose of professional communication only and must not be used to infer consent to the receipt of unsolicited commercial electronic messages. 

Restrictions on use

Material from the website www.iwantproof.co.nz and any other World Wide Web website owned, operated, licensed, or controlled by Proof Eyewear New Zealand or any of its related, affiliated, or subsidiary companies (together, “Eco Guardian”) may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of Proof Eyewear New Zealand provided that you may download one copy of the material on one computer for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Modification or use of the materials for any other purpose violates Proof Eyewear New Zealand’s intellectual property rights. The material in this website is provided for lawful purposes only. If you download software from our website, the software, including all files, images, contained in or generated by the software, and accompanying data (together, the “Software”) are deemed to be licensed to you by Proof Eyewear New Zealand. Neither title nor intellectual property rights are transferred to you, but remain with Proof Eyewear New Zealand, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form.

The information contained in this website is intended for use by persons resident in New Zealand. Any promotion, competition, product or service identified or contained in this website is subject to the applicable terms and conditions, which are available for download at the relevant page of this website promoting the applicable promotion, competition, product or service, or alternatively such terms and conditions are available upon request from Proof Eyewear New Zealand via the “contact us” link. 

Restriction of liability

Your use of this website is entirely at your risk. Proof Eyewear New Zealand uses all reasonable efforts to include accurate and up-to-date information on this website; however Proof Eyewear New Zealand (and its employees, servants or agents) makes no warranties or representations as to its accuracy and, to the extent permitted by law,Proof Eyewear New Zealand (and its employees, servants or agents) specifically disclaims any liability or responsibility for any errors or omissions in the content on the website. Neither Proof Eyewear New Zealand (and its employees, servants or agents) nor any other party involved in creating, producing, or delivering the website is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or inability to use or access, the website whether due to a breach of contract, breach of warranty, negligence, or otherwise even if Proof Eyewear New Zealand has been notified or advised of the possibility of such damages.

Except as otherwise stated in the text of a webpage of this website or as required by law, everything on the website and all Proof Eyewear New Zealand’s products displayed on the website are provided to you “as is where is” and, to the extent permitted by law, is provided without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. For the avoidance of doubt and without limiting the foregoing Proof Eyewear New Zealand does not warrant:

• that the functions contained in the material will be uninterrupted or error-free,

• that defects will be corrected;

• that this website or the server that makes it available are free of viruses or other harmful components.

• or make any representation regarding the use of or the result of the use of the material in this site in terms of their correctness, accuracy, reliability, or otherwise.

You (and not Proof Eyewear New Zealand) assume the entire cost of all necessary servicing, repair or correction.

To the fullest extent permitted by law, Proof Eyewear New Zealand’s liability for breach of implied warranties, conditions or undertakings which cannot be excluded is limited, at Proof Eyewear New Zealand’s option, to:

In the case of goods:

• The replacement of the goods or the supply of equivalent goods;

• The repair of such goods;

• The payment of the cost of replacing the goods or of acquiring equivalent goods; or

• The payment of the cost of having the goods repaired; and

In the case of services:

• The supply of the services again; or

• The payment of the cost of having the services supplied again.

Features and information of third party suppliers, third party products and/or services described or depicted on the website, or available for enquiry or application through website hyperlinks, including, without limitation, availability and descriptions of products or services as displayed on the website and via website hyperlinks are subject to change at any time without notice.

Proof Eyewear New Zealand assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the website (including accessing hyperlinks) or your downloading of any materials, data, text, images, video, or audio from the website. Proof Eyewear New Zealand also assumes no responsibility, and shall not be liable for any interruptions or errors in access to the website or the accuracy, timeliness, completeness, security or reliability of any communications (including, without limitation, any transactions) made through or in relation to the website.

One of Proof Eyewear New Zealand’s key philosophies is “You Buy. We donate.” Therefore for every purchase you make through this website we will endeavour to make a donation to One Percent Collective or such other organisations nominated and disclosed by us from time to time at our discretion (“Donee”). We reserve the right not to make such donations, where to do so would not be in the interests of the Proof Eyewear New Zealand’s principles.

By purchasing a product from this website you acknowledge and accept that we shall be entitled to allocate some of the purchase price received from you as determined by Proof Eyewear New Zealand as a donation to the relevant Donee at the time of purchase. Whilst Proof Eyewear New Zealand is a proud supporter of One Percent Collective and any other Donee, such parties and the associated charities are separate legal entities from Proof Eyewear New Zealand. Proof Eyewear New Zealand therefore assumes no responsibility and shall not be liable for the acts, omissions, representations or otherwise of any such parties. 

Submissions

All remarks, suggestions, ideas, graphics, or other information communicated to Proof Eyewear New Zealand through this website (together, the “Submission”) will forever be the property of Proof Eyewear New Zealand. Proof Eyewear New Zealand will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Proof Eyewear New Zealand's operations. Without limitation, Proof Eyewear New Zealand will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Except as noted below in this paragraph, Proof Eyewear New Zealand will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission.

Personally identifiable information that may be received at this website is provided voluntarily by a visitor to this website. For full details regarding Proof Eyewear New Zealand’s treatment of personal information, please see the Privacy Policy. Information submitted via a number of areas in this website is not retained. Therefore, the above right to use Submissions is subject to this limited use of this information and excludes non-retained information. You acknowledge that you are responsible for whatever material you submit, and you, not Proof Eyewear New Zealand have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Materials and third party logos, brands and trade names displayed on the website are either the property of, or used with permission by, Proof Eyewear New Zealand. The use of these materials by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission is provided elsewhere on the website or specific permission is obtained from the third party owners. Any unauthorised use of images and third party logos, brands and trade names may violate copyright laws, trade mark laws, the laws of privacy and publicity, and civil and criminal statutes. 

Jurisdiction

This website is governed by, and is to be interpreted in accordance with, the laws of New Zealand. 

Disclaimer

Proof Eyewear New Zealand is not responsible for the content of any website linked to or from the website. Your linking to any other website is entirely at your own risk. While Proof Eyewear New Zealand may provide links on this website to other sites, the inclusion of such links is for your convenience and information only and should not be interpreted as an endorsement of the owner/sponsor/author of the website or the content of the website. To the extent permitted by law,Proof Eyewear New Zealand disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such sites.

The website may from time to time publish discussions, blogs, chats, postings, transmissions and bulletin boards which include the contributions of third parties. Although Proof Eyewear New Zealand may from time to time monitor or review discussions, blogs chats, postings, transmissions, bulletin boards and the like on the website, Proof Eyewear New Zealand is under no obligation to do so and assumes no responsibility or liability arising from the contents of any such communications nor for any error, defamation, libel, obscenity, profanity, or inaccuracy contained in any such communication. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law.

By accessing and browsing the website, you agree that you shall indemnify, and keep indemnified, Proof Eyewear New Zealand from and against any claim, action, damage, loss, liability, cost, payment, charge or expense including but not limited to consequential loss, economic loss and legal expenses (calculated on a solicitor/client basis) suffered or incurred by Proof Eyewear New Zealand arising out of any claim or action that results from your accessing and use of the website or in connection with any breach by you of these Terms and Conditions.

Proof Eyewear New Zealand will fully cooperate with any law enforcement authorities or court order requesting or directing Proof Eyewear New Zealand to disclose the identity of anyone posting such materials.

In addition, you will not:

• Restrict or inhibit any other user from using or enjoying the website;

• Post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising; or

• Download any material posted by any other user if you know, or ought reasonably to know, that such material cannot legally be distributed in such a manner.

Any order placed by you on the website or on a linked website is an offer by you to purchase the particular product or service specified. Proof Eyewear New Zealand and the third party linked website owner reserves the right to accept or reject your offer for any reason, including, without limitation, an error in your order or in the material on the website, or the unavailability of the product or service. The contract to purchase the particular product or service only comes into existence in accordance with these Terms and Conditions. 

General

If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this website for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of this website.

Proof Eyewear New Zealand may at any time revise these Terms and Conditions by updating this posting. Since you are bound by these Terms and Conditions, you should therefore periodically visit this page, by clicking the Terms and Conditions link.

 

© Proof Eyewear New Zealand 2014

 


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