SWAN Systems

MOTO Turf Limited Website Terms of Use

1. General
   1. Thank you for visiting our website. By accessing the website www.mototurf.co.nz (“Website”) you agree to be bound by these Terms of Use which includes our Privacy Policy (“Terms”). You should review our Terms carefully and immediately cease using our Website if you do not agree to the Terms. Any reference to “us”, “we” and “our” in the Term means MOTO Turf Limited. If you agree to purchase products from us, you agree to provide us with payment via credit card facilities located on this Website.
   2. The Website is operated by MOTO Turf Limited.
   3. MOTO Turf Limited reserves the right to modify, alter or otherwise update these Terms at any time.
   4. We reserve the right to refuse service to anyone for any reason at any time.

2. Personal Information
   1. Our Privacy Policy (available under the “About us” section) governs how we collect, use, store and disclose your personal information.

3. Promotions and competitions
   1. For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and the Terms, those terms and conditions will prevail.
   2. Items marked clearance are final sale and cannot be returned for exchange or refund unless faulty.

4. Products
   1. 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.
   2. 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.
   3. 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 any time 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.
   4. 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.

5. Purchases via Website
   1. You are able to purchase products from us via our Website. In New Zealand, our products come with guarantees that cannot be excluded under the New Zealand Consumer Law. Nothing in the Terms purports to modify or exclude under the New Zealand Consumer Guarantees Act 1993 (“the Act”). Any and all other warranties, guarantees, terms or conditions which are not provided for by the Act are expressly excluded to the maximum extent permitted, including our liability for incidental or consequential losses or damages caused by a breach of any express or implied warranty or condition in respect of a product.
   2. If you agree to purchase products from us, you agree to provide us with payment via credit card facilities located on this Website.
   3. 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 may 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.
6. We are not legally obligated to offer an exchange or refund if you have changed your mind. Our Returns Policy (available under the “About us” section) governs our return process.

7.  Liability
   1. This Website is provided “as is” and without express or implied warranties of any kind, including warranties of title or implied warranties of merchantability or fitness for any particular purpose. We don’t represent or warrant that the Website will be available on a timely basis, uninterrupted, or error-free. In no event will we be liable for any damage or loss of any kind based upon or resulting from any use or inability to use the Website (even if arising in negligence).
   2. We do not warrant or guarantee the accuracy, adequacy or completeness of information contained on the Website, and expressly disclaim liability for any errors and/or omissions in this information and materials. You should seek independent professional advice in relation to any business opportunities or investments referred to on the Website. Nothing on this Website is intended to constitute investment advice.
   3. You release MOTO Turf Limited, to the maximum extent permitted by law, from any liability which may arise as a result of your use of the Website (or inability to do so), its content or the information contained therein.

8. Intellectual Property Rights
   1. Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this Website and in all of the material (including all text, graphics, logos, audio and software) made available on our Website (“Content”).
   2. Your use of this Website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Website or the Content. However, we do grant you a non-exclusive and non-transferable licence to access the Website and view the Content on the terms and conditions of this Terms of Use and, where applicable, as expressly authorised by us and/or our third party licensors.
   3. Any reproduction or redistribution of this Website or the Content is prohibited and may result in civil and criminal penalties. However, you may download the Content from the Website for your own personal and non-commercial use, provided you:
      (a) keep all copyright and other proprietary notices on every copy you make; and
      (b) use the material in a manner which complies with these Terms of Use.
   4. Copyright in the Website is owned by MOTO Turf Limited or its licensors, which reserve all such rights. To the extent permitted by law, your rights in relation to the Website are limited to accessing the Website and the rights granted clause 6.3.
   5. Brands referred to on this Website are subject to protection as registered or unregistered trademarks. You must not use those trademarks without express permission from MOTO Turf Limited.

9. Unacceptable activity
   1. You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Website, including but not limited to:
      (a) any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other legal rights of individuals;
      (b) using this Website to defame or libel us, our employees or other individuals or entities;
      (c) uploading files that contain viruses that may cause damage to our property or the property of other individuals; and
      (d) posting or transmitting to this Website any non-authorised material including but not limited to material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.
      If we allow you to post any information to our Website, we have the right to take down this information at our sole discretion and without notice.

10. Links
    1. The Website may contain links to third party web sites. Unless expressly stated MOTO Turf Limited does not endorse, and is not responsible for, any content on such websites and otherwise outside the Website.

11. Complaints and notifications
    1. If you notice an error or suspect that any part of the Website infringes the rights of any person, please email us on operations@mototurf.co.nz immediately and let us know about it.

12. Severability
    1. If any part of these Terms are invalid, voidable or unenforceable in the circumstances, the remainder of these Terms must be read down to the extent necessary to prevent that part of the Terms being unenforceable.

13. Jurisdiction and governing law
    1. Your use of the Website and the Terms are governed by the laws of New Zealand.
14. Currency
    1. All prices are stated in New Zealand Dollars (NZD).