Terms And Conditions
1. User agreement
2. Registration and user requirements
2.1 You must be a registered member to make orders and access certain features of the Website.
2.2 You will provide us with personal information including your name, address, and a valid email address. You must ensure this information is accurate and current.
2.4 You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
2.5 If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately (email@example.com).
2.6 We are not liable for any unauthorised use of your account.
2.7 By using the Website and its associated functionality, you grant your express consent to us to send you direct marketing communications to the email address you provide, from which you may unsubscribe at any time. Your consent to receive certain communications may be implied from the use of certain functional aspects of our service, such as receiving reminders that items are in your shopping cart if you leave the page during a transaction.
2.8 To register an account and use the Website, you must be at least 18 years old and have capacity to enter into a legally binding agreement with us.
3.1 For orders on the Website, the prices that are listed at the time of your order on the “List with us” page apply. These prices are final prices exclusive of GST (where relevant).
4. Website changes
4.1 We reserve the right to change, alter, vary or amend the Website at any time.
4.2 We may in our sole discretion terminate your account or restrict your access to the Website. If we do this, you may be prevented from accessing all or parts of the Website, your account details, or other Content contained in your account.
5. Access and use of the Website
5.1 You must only use the Website through the interfaces provided by us, and must only use the Website in accordance with these terms and any applicable law.
5.2 You must not:
5.2.1 interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host the website; or
5.2.2 use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools;
5.2.3 interfere (or attempt to interfere) with security-related or other features of our site; or
5.2.4 use, copy or distribute (or attempt to use, copy or distribute) without our express permission.
5.3 You must not use another member’s account without our, and/or that member’s, express permission. If you suspect or become aware of any unauthorised use of your account, or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).
5.5 We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the Content of any other website linked to or from our own.
6. Access and use of our Social Media pages
6.1 We will not be held responsible for third party posts on our Social Media pages. You will be responsible for Content you post on our Social Media pages, and you must not post Content that:
6.1.2 is defamatory or in contempt of legal proceedings;
6.1.3 is misleading or deceptive;
6.1.4 is offensive, including discriminatory against race, sex, sexual orientation, nationality, ethnicity or religion;
6.1.5 contains religious or political material;
6.1.6 is indecent, obscene or pornographic;
6.1.7 infringes any third party intellectual property rights;
6.1.8 contains any promotional or advertising material; or
6.1.9. contains or links to computer viruses, malware, spyware or similar software.
7. Social Media and Content
7.1 You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials (“Content”) posted on, transmitted through or linked from the Website, our Facebook page, Twitter feed, or forum or other like application or site that allows for the publication of user generated material (“Social Media”), is the sole responsibility of the person from whom such Content originated.
7.2 You understand that we do not control and are not responsible for Content made available through the Website or Social Media unless it originates from us. Consequently, by using the Website or our Social Media pages you may be exposed to Content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the Website at your own risk and, to the extent permissible by law, we do not accept liability in this regard.
7.3 As a member or participant on our Social Media pages, you agree that you are responsible for any Content submitted, posted or made available through the Website via your account and you must not post (or allow) Content to be posted through your account that:
7.3.1 you do not have the right to post;
7.3.2 is defamatory or in contempt of any legal or other proceedings;
7.3.3 is misleading or deceptive;
7.3.4 incites hatred or discrimination against any group of persons, being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;
7.3.5 denounces religious or political beliefs;
7.3.6 includes religious or political material which is or is likely to be offensive;
7.3.7 is indecent, obscene, vulgar, pornographic, offensive or of doubtful propriety or of a menacing character or is likely to annoy or concern;
7.3.8 infringes any copyright, trade mark, patent or other intellectual property right of another person;
7.3.9 contains viruses or similar software or data which is designed to interrupt, destroy or limit the functionality of any computer software or hardware; or
7.3.10 impersonates any person or misrepresents your relationship with any person.
7.4 We reserve the right, in our absolute discretion, to pre-screen, refuse or remove any Content from the Website or our Social Media pages without giving any reasons.
7.5 You understand and agree that we may retain server and backup copies of your submitted Content even if you have altered, removed or deleted your Content from public display.
8. Intellectual property
8.1 We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
8.2 Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
8.3 You may not:
8.3.1 modify or copy the layout or appearance of the Website, nor any computer software or code contained in the Website; and/or
8.3.2 decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
8.4 If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide license to use, copy, display and distribute the Content of your correspondence or communication, and to prepare derivative works of the Content or incorporate the Content into other works in order to publish and promote such Content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improving goods or services we provide.
9. Information on this Website
9.1 Information about properties on the Website is based on material provided by third party businesses (“Vendors”). We do our best to verify the information provided to us by Vendors but we cannot guarantee its accuracy.
9.2 You understand and agree that we cannot be held responsible for errors or omissions caused by incorrect or inadequate information supplied to us by Vendors.
9.3 Due to photographic and screen limitations associated with the representation of properties, some properties may differ to a small extent in visual appearance (for example, in colour) from the way they appear on the Website. In addition, where it is suitable to do so, some depictions of products or services are created or chosen by us for promotional purposes, and may not be an exact representation of the product or service received.
10. Disclaimer and liability
10.1 To the fullest extent possible by law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
10.1.1 errors, mistakes or inaccuracies on the Website or our Social Media pages;
10.1.2 you acting, or not acting, on any information contained on or referred to on the Website and/or any linked Website or our Social Media pages;
10.1.3 personal injury or property damage of any nature resulting from your access to or use of the Website;
10.1.4 any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
10.1.5 any interruption or cessation of transmission to or from the Website;
10.1.6 any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
10.1.7 the quality of any product or service of any linked sites.
10.2 We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any linked Website, or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party Vendors of goods and services.
10.3 Where any law (including the Australian Consumer Law and applicable laws in New Zealand) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.
10.4 Except as required by law, in no event shall we, our affiliates and related entities, or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that we, our affiliates and related entities or our Vendors have no responsibility for the legality of your actions.
11. Placing Orders
11.1 You are responsible for all orders placed on your account, including for any discrepancies or errors in your order caused by you.
11.2 Goods in your cart are not reserved until you have completed the checkout process. Orders are only confirmed once payment is received in full.
11.3 We may reject your order, including in circumstances where we believe there may be a credit card fraud.
11.4 You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it. If you have any problems with your order, then you must go through the normal returns process outlined in this Agreement. Please note that change of mind returns are given at our absolute discretion. As a general rule, we will not change or replace your order where you have made an error.
11.5 In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.
11.6 We may share your information with other members of the Academy Group Ltd.
12. Price, payment and use of discount/coupon codes
12.1 The prices of products and other charges shown are in New Zealand dollars and are current at the time of display, but may be subject to change.
12.2 A discount code is only valid for a single transaction per address, and may not be used in conjunction with any other discounts.
13. Complaints or problems
13.1 If you wish to make a complaint in respect to New Zealand Showhomes you must email that complaint to firstname.lastname@example.org
13.2 Notwithstanding the nature of the complaint, refunds will only be provided in accordance with our Refunds Policy.
14. Links to third party websites
14.1 The Website may include links to other websites, Content or resources. These linked websites, Content or resources may be operated by third parties and we may have no responsibility or control over them.
14.2 The existence of these links does not imply that we endorse the linked website, Content or resource. You acknowledge that we have not reviewed any of these third party websites, Content or resources and we are not responsible for the material contained therein.
15. Transfer and Assignment
15.1 You agree and acknowledge that, in the event that we merge, sell or otherwise change control of our company, our business or the Website to a third-party:
15.1.1 we shall be permitted without giving notice or seeking prior consent from you, to disclose the personal information and other data that we have collected from you to the third party; and
15.1.2 we shall be entitled to assign the benefit of any agreements we have with you to the third party.
16.1 You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with, or in respect of, your conduct or breach of this Agreement.
17.1 Refunds will be issued using the payment method used for purchase.
17.2 We aim to process refunds within the next quater. Following reciept by us of the original payment.
18. Communication by us
18.1 As a condition of registering for www.newzealandshowhomes.co.nz, you consent to us sending you Administrative Emails and Promotional Emails. In this document:
18.1.1 “Administrative Emails” involve details of account activity and purchases you have made; and
19. Privacy and Personal information
1. Privacy Statement
1.2 Personal information is defined in the Privacy Act 1993 and means information or an opinion about an identified individual, or an individual who is reasonably identifiable.
2. Collection of Personal Information
2.1 New Zealand Showhomes only collects personal information for the purposes of conducting our business as an online retailer and trader. The personal information we collect from you will include information you give us when you:
2.1.1 register or subscribe to our Website;
2.1.2 complete a transaction with us; and
2.1.3 contact us.
2.2 The personal information that we collect on individuals may include, but is not limited to:
2.2.1 your name;
2.2.2 your contact details including your email, home address and billing address;
2.2.3 your payment details; and
2.5 New Zealand showhomes will not Collect Personal Information secretly or in an underhanded way and will not sell your Personal Information to any third party.
2.6 We may collect personal information from individuals who are not customers of our business but whose personal information is given to us by those individuals via our Website or in the course of a transaction.
2.7 Where reasonably practicable, we attempt to collect information directly from individuals. When we collect information, we will generally explain to the individual why we are collecting it, who we give it to and how we will use or disclose it or, alternatively, those matters will be obvious from the circumstances.
2.8 We will collect personal information from you by lawful and fair means and not in an unreasonably intrusive way.
2.9.1 your computer’s operating system;
2.9.2 your computer’s browser type and capabilities;
2.9.3 your computer’s Internet Protocol (IP) address and geolocation;
2.9.4 web pages visited, including how you were referred to each web page; and
2.9.5 web page usage statistics, including the time spent on each web page.
2.10 Cookies can be managed by accessing the individual settings in your browser.
2.11 We will not identify users or their browsing activities, except where required by law or in accordance with our Terms and Conditions of Use and Sale.
3. Using and Disclosing Your Personal Information
3.1 We will generally use or disclose your personal information only for the primary purpose for which it was collected; or for a related secondary purpose where you would reasonably expect us to use or disclose the personal information for that secondary purpose. We may otherwise use and disclose your personal information if you have given us consent for the use or disclosure or it is required or authorised by law.
3.2 Generally, we use and disclose your personal information for the purpose of providing you with the goods or services that you have requested, or otherwise to enable us to carry out our business as an online retailer of goods and services.
3.3 If those purposes for which we have collected the information involve providing personal information about an individual to any third party, we will take appropriate and reasonable steps to ensure any personal information is protected.
3.4 We will generally only use personal information for marketing if you have given express or implied consent or it is impracticable to seek consent before this use.
3.5 When registering with New Zealand Showhomes, you consent to New Zealand Showhomes using your personal information, such as your email address, for direct marketing purposes. This includes sending you promotional emails. You may opt out of receiving these direct marketing communications at any time. Our electronic marketing activities will comply with the requirements of the Spam Act 2003 (Cth).
3.6 We may share your information with other members of the Academy Group Ltd.
4. Security of Your Personal Information
4.1 We take steps to protect the personal information we hold against loss, unauthorised access, use, modification or disclosure and against other misuse. When no longer required, personal information is destroyed in a secure manner or deleted.
5. Access to Your Personal Information and Complaints Procedure
5.1 Under the Privacy Act 1988 (Cth), you have certain rights to access the personal information we collect and hold about you.
5.2 Generally, we will allow an individual access to the personal information we hold about them within a reasonable time after it is requested. When requesting such access please identify the precise type/s of information requested. You may make a request by contacting our Privacy Officer by way of email to email@example.com
5.2 We take those steps reasonable in the circumstances to ensure that the personal information that we collect, use and disclose is accurate, up to date and complete. Where an individual requests to correct information, we will take reasonable steps to correct the information, having regard to the purpose for which it is held. You may lodge a request to correct personal information in the manner outlined in clause 5.2 above.
5.3 To make a complaint about a breach of the New Zealand Privacy Principles, which includes how we handle your personal information, you may contact our Help Centre or write to us at the address provided below. We will endeavour to respond to your complaint within a reasonable time after it is received.
Privacy Collection Statement
The personal information that we collect from you will include information you provide us when you register or subscribe to our Website; complete a transaction with us; and contact us.
We may further collect personal information from individuals who are not customers of our business but whose personal information is given to us by those individuals via our website or in the course of a transaction.
All personal information will be collected by lawful means and not in an unreasonably intrusive way.
We will use your personal information for the purpose of providing our services to you. We generally share your information with third parties, so that they may also provide services to you pursuant to transactions you make on our website.
In cases where personal information has been disclosed to any third party, we will take appropriate steps to ensure your personal information is protected.
If you are concerned about a possible interference with privacy, you should contact the Privacy Officer by writing to New Zealand Showhomes, PO Box 1879, Christchurch 8140.