Terms of service

OVERVIEW
This website is operated by Savvy Badger Limited. Throughout the site, the terms “we”, “us” and “our” refer to Savvy Badger Limited. Savvy Badger Limited 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 site 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.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
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 must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - 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.

SECTION 3 - 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 monitor changes to our site.

SECTION 4 - 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.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
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 Refund Policy
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color 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.

SECTION 6 - ACCURACY OF BILLING AND 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 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.

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 details, please review our Refund Policy

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - 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.

SECTION 9 - 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 to be unlawful, offensive, threatening, libelous, 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 libelous 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.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: Privacy Policy 

SECTION 11 - 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.

SECTION 12 - 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, federal, provincial or state 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.

SECTION 13 - 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. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall SavvyBadger.co.nz, 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. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless SavvyBadger.co.nz 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.

SECTION 15 - SEVERABILITY
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.

SECTION 16 - TERMINATION
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).

SECTION 17 - 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 governs 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.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CHANGES TO OUR WEBSITE
We may update our Website from time to time at our sole discretion, and may change or discontinue the content at any time. However, please note that any of the content on our Website may be out of date at any given time, and we are under no obligation to update it

SECTION 21 - LINKING TO OUR WEBSITE
You may link to the home page of our Website, provided you do so in a way that is fair and legal and does not damage our reputation, take advantage of it or look to profit from it in a manner not expressly approved by us.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Website in any website that is not owned by you.

Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page.

We reserve the right to immediately withdraw any linking permission at any time without prior notice to you.

The website(s) you are linking to our Website must comply in all respects our Content Standards.

If you wish to create any links to our Website other than expressly authorised above, please contact us here.

SECTION 22 - THIRD PARTY LINKS AND RESOURCES IN OUR WEBSITE
Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources and assume no responsibility for that content. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

By using our website, which may contain the YouTube client embedded on some pages, you agree to be bound by YouTube's Terms of Service.

The YouTube client embedded in our website collects information about you and your interactions with it. The information is collected by YouTube and we have no control over the information it collects. The collected information and its use is governed by Google's Privacy Policy.

SECTION 23 - TRADE MARKS
The SavvyBadger® logo, and all other trademarks, service marks, trade names, logos, domain names, URLs and icons (“Marks”) appearing on our Website, registered or not, are owned or controlled by Savvy Badger Limited (or where applicable, other third parties who have licensed use of those Marks to us).

Nothing on our Website or in our Terms and Conditions grants you any right or license to use any of the Marks without the express written permission of both us and any applicable third party owners of the Marks. Unauthorized use may violate trademark, copyright, and other laws and regulations.

SECTION 24 - CONSUMER GUARANTEES ACT
You acknowledge that the Consumer Guarantees Act 1993 or any equivalent consumer protection legislation will not apply where you purchase any Products or Services for the purposes of a business.

SECTION 25 - SUBCONTRACTING AND USE OF THIRD PARTIES FOR PROVISION OF PRODUCTS OR SERVICES
We may subcontract provision of the Services (or any part thereof), or the supply of Products, to our selected partners, who may deal with you directly. We will remain responsible to you for the performance of the Services or supply of the Products as applicable.

We will take all reasonable care to ensure that (a) we only subcontract with reputable parties and (b) appropriate contractual and practical arrangements are made to ensure you do not suffer as a direct result of any such subcontracting.

SECTION 26 - EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by any act or event beyond our reasonable control (“Event Outside Our Control”).

If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

we will contact you as soon as reasonably possible to notify you; and our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

SECTION 27 - OUR WARRANTIES
Unless otherwise expressly stated in our Terms and Conditions, we, provide our Website on an as-is basis only and exclude all warranties or conditions of any kind whether expressly or implied. In particular but without limitation, we do not warrant or represent that:

1. Our Website is fit for any purpose or will meet your requirements or is provided to you without any errors or deficiencies or that it is in compliance with any quality levels, as the case may be;
2. Our Website will be available to you at any time or provided to you without disruption, interruption or delay;
3. Our Website does not infringe any copyright or violate any laws or regulations whether in the country you are a resident or elsewhere in the World;
4. Any information you obtain from us or through your use of our Website will be suitable, accurate, complete or reliable;
5. That any deficiencies in our Website, including any defects in performance, operation or functionality will be fixed, corrected or otherwise remedied.

Documents or material (including any software or firmware updates) downloaded, installed or otherwise obtained through the use of our Website are provided by us “as is” and at your own risk. We are not responsible for any damage to any mobile phone, software, computer system, or other device or device's software, or any loss of data that results from the download and/or use of any such documents or material.

You are entirely responsible for any breach of your obligations under:

1. Our Terms and Conditions; and/or
2. Any applicable law or regulation in any relevant jurisdictions,

and for the consequences of any such breach, including any loss or damage which you, us or any third party may incur or suffer as a result of such breach.

SECTION 28 - EXCLUSIONS AND LIMITATIONS OF OUR LIABILITY
To the maximum extent permitted by applicable law and clause 23.3 below, we exclude:

1. The application of the Sale of Goods Act 1908;
2. all conditions, warranties, representations or other terms (whether express or implied) which may apply to our Website or any Products supplied by us (other than any specific warranties we give in our Product Warranties and Refunds Policy from time to time);
3. liability to any party (including but not limited to you) for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
   1. use of, or inability to use, our Website;
   2. use of or reliance on any content displayed on our Website;
   3. business interruption or loss of profits, anticipated savings, sales, business, revenue, opportunity, goodwill or reputation;
   4. damage to or corruption/loss of data;
   5. losses suffered as a result of any relationship or transaction between you and any other party;
   6. any changes, modifications, extensions or limitations (including any suspension of your use of our Website or related Services), or any permanent or temporary cessation in the availability of our Website (or any part of it or any associated Services);
   7. loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any Website linked to it;
   8. the use of your account data by any person other than yourself through your failure to adequately protect your security details for accessing our Website; or
   9. any other indirect or consequential loss or damage whatsoever.

To the extent that we are in fact found to be liable to you despite any clauses in these Terms and Conditions excluding such liability, our maximum aggregate liability to you is limited to the greater of:

1. an amount equal to four times the price or fee actually paid to us by you for those Products or Services that directly caused the relevant loss or liability; and
2. NZD $1,000 or AUD $1,000.

Nothing in this clause 23, or elsewhere in our Terms and Conditions excludes or limits our liability:

1. for death or personal injury arising from any breach of our obligations, or
2. for our fraud or fraudulent misrepresentation,
3. for liability or obligations under the Consumer Guarantees Act 1993, under Australian Consumer Law (ACL) in Schedule 2 of the Australian Competition and Consumer Act 2010 or for any other losses or damages to the extent which they may not be lawfully excluded or limited by applicable law, and

if the applicable laws do not allow the exclusion of certain warranties, terms or conditions or the limitation or exclusion of liability for certain types of loss or damage, the limitations and exclusions in our Terms and Conditions will be deemed to have been amended on that occasion to the extent necessary to ensure compliance with those applicable laws while still preserving to the maximum extent possible the original intent of the relevant provision, and our liabilities and warranties will be limited to the maximum extent permitted by applicable law.

SECTION 29 - ENTIRE AGREEMENT / NO REPRESENTATIONS
You acknowledge that in entering into any dealings with us, you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in our Terms and Conditions or a written contract entered into in accordance with our Terms and Conditions.

Our Terms and Conditions, and any written contract entered into in accordance with our Terms and Conditions, constitute the entire agreement between you and us and supersedes and extinguishes any and all other or previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

SECTION 30 - WAIVER
If we fail to insist that you perform any of your obligations under our Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

SECTION 31 - ASSIGNMENT
Subject to the obligations expressed in our Privacy Policy, we may transfer our rights and obligations to another party at any time. We will use all reasonable efforts to notify you in writing or by posting on our Website if this happens.

You may only transfer your rights or your obligations to another person if we agree in writing to that transfer.

SECTION 32 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us here.
Our contact information is posted below:
Savvy Badger Limited
Contact us here.