This website is operated by Party Warehouse Ltd (we, us, our). Your use of this website and the services provided through it (the Services) is subject to these terms and all applicable laws. By accessing and browsing this website you, the person using the Services or visiting this website, accept these terms.
We reserve the right to modify, alter or otherwise update these terms from time to time with or without notice to you. Amendments will come into effect as soon as they are posted at this website.
- access any part of the website that is not password-protected;
- if you have a valid password, also access those parts of the site that are password-protected; and
Understanding the Services
In providing the Services to you, we will always do our best to provide good quality services with reasonable care, skill and diligence.
However, we are not responsible for you. You are responsible for all of your activities while using any of the Services and for anything you say or post at this website. You must use your own judgement when evaluating information that you access when using the Services.
You also acknowledge that:
- the availability and quality of the Services may be affected by conditions beyond our control, including, for example, but not limited to network problems, human or technical error, atmospheric, geographic, or topographic conditions;
- we will take reasonable care to ensure that information provided through the Services is accurate, reliable, adequate, complete and current but we cannot and do not represent or warrant that this will always be the case. (By way of example, but without limitation, the risks inherent in internet services and posting information about products/services, mean that due to technical or human error, information may be recorded incorrectly or omitted from this website);
- we are not responsible for:
- any information that does not originate directly from us, any links we provide to third party sites or information at or accessible from those sites or any loss or damage arising from your use of the Services;
- ensuring that the information that you access or make available through using the Services will be private or secure or free from viruses or other harmful things;
- any transactions you may enter into through: use of the Services; your participation in any promotions; or as a result of any dealings between you and anyone using the Services; or
- any delay in transmission of information to or from the equipment you are using to access the Services.
You agree to:
- follow our instructions when using the Services and any manufacturer’s or supplier’s instructions when using anything supplied to you as a result of your use of the Services;
- keep secure and confidential any password or access code (such as a PIN) for the Services;
- follow any policies and comply with any terms and conditions we publish from time to time on this website regarding the Services or any products that are available to you as a result of your use of the Services.
- not use the Services inappropriately or unreasonably. (For example, but without limitation, to send spam, message bombs, chain messages or abusive, defamatory, obscene, menacing or malicious messages, interfere with anyone’s rights, publish any offensive, unlawful or actionable material, collect information about others, create a false identity, or transmit or upload material which breaches any third party right, any applicable laws or regulations or is likely to do so);
- use the Services only for lawful purposes, without annoying anyone or affecting anyone else’s use of the Services and only as reasonably intended;
- not act in a way or use or attempt to damage, interfere with or introduce anything (including, without limitation, any virus, robot, spider, scraper or other automated means to access this website or feature on it for any purpose) that in any way compromises the Services, the delivery of the Services or any network or system underlying or connected to them;
- keep us protected against any legal action taken against us and pay us any costs, losses or expenses we incur in connection with your use of the Services.
You agree that you will not:
- use the website (or copy, scrape, systematically or automatically extract or otherwise use any information or other material from the website) for any commercial purpose other than to conduct a commercial transaction where this is offered to you as part of the Services;
- copy, distribute, alter or tamper with in anyway or otherwise use any material contained in the website except as set out in these terms;
- permit anyone under 18 years of age to access any information available via the Services that may be unsuitable except with your express permission and then only under your personal control and supervision; or
- remove any copyright, trade mark or any other intellectual property notices from any material copied or printed from this website.
There may be pages on this website that are password-protected including, for example, pages with additional functionality (e.g. for creating shopping lists and/or to enable members to participate in polls, promotions or competitions). To become a member and obtain a password, you must apply to register with this website. In doing so, you must expressly confirm that you have read, understood and accept these terms and any other terms and conditions that may apply.
We may, in our absolute discretion, accept or refuse any registration application. If we accept your application, you will become a member of this website. Membership is non-transferable and you must not have more than one active membership at any time. Without limiting our other rights and remedies, if you breach this term, you may be liable for the recovery of any benefits you have obtained as a result of your breach (by way of example, but without limitation, the value of any promotional benefits you have obtained).
You are responsible for any activity which occurs on or through your membership account (whether authorised or not). Without limiting this obligation, you agree:
- not to permit any other person to use your password or account;
- not to disclose to any other person your password or any other information that may allow them to gain access to your account; and
- to change your password immediately if you believe that your account may have been used without your authorisation.
Consequences of your actions
Without limiting our other rights and remedies, we may, at our discretion:
- monitor your use of the Services and restrict access to any content that we consider to be inappropriate or in breach of any law, third party right or these terms but we are not obliged to or responsible for doing so;
- contact law enforcement authorities if we believe that anything unlawful is occurring or has occurred in relation to the website (including, but not limited to, the uploading or e-mailing of any material in breach of these terms or any applicable laws);
- provide copies of any relevant material to the law enforcement authorities and also give them access to any personal data that is held by us and relate to the material supplied; and
- refuse to provide any further services to anyone who breaches these terms.
Linked websites and users’ information
Links to third party websites are provided for convenience only. Links should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of the sites, or of any information, products or services referred to on those other sites or otherwise posted on this website, unless specifically stated.
- only create links from this website to external websites where you are entitled to do so and the creation of the link does not otherwise breach these terms; and
- only create links from external websites to the website with our prior written permission.
We (and our licensors, suppliers and/or advertisers listing on this website, as the case may be) own all proprietary and intellectual property rights in and to this website and material displayed here including, without limitation, text, images, graphics, layout, look-and-feel, the software, trade marks, trade names and other material underlying and forming part of the website and/or the Services.
All rights not expressly granted to you in these terms are reserved. Do not upload or copy any material unless you have the right or appropriate consent to do so.
If you post any material on this website, you agree that we may reproduce, publish, modify and distribute that material and incorporate it in other works in any form but only for purposes reasonably associated with the posting and the operation of the Services. If you do not own the material, you must get the owner’s consent before you post or upload it.
Ending or suspending any Services
We may at any time and without notice:
- change the format and content of this website and/or any products or services offered at this website;
- end (stop providing), suspend or restrict your access to any Service if you do not meet any responsibility you have to us or any other Telecom company with respect to any Service (whether under these terms or otherwise); or
- terminate or suspend the operation of the website and/or the Services (in whole or in part) temporarily, if we think it reasonable or necessary (e.g. for support or maintenance work or to update content), or permanently if we decide to stop providing a particular Service.
This will not affect any rights and responsibilities which are intended to continue, or come into force after that date or event.
Consumer Guarantees Act
If you are not acquiring Services for the purposes of a Business, the Consumer Guarantees Act 1993 (Act) may apply to your use of the Services, in which case all of your rights under the Act will apply in addition to any other rights you may have under this agreement, and will not in any way be reduced by it.
However, if you are acquiring Services for the purposes of a Business, you agree that the Act will not apply.
Business means any undertaking whether carried on for gain or reward or not, or in the course of which goods or services are acquired or supplied, whether free of charge or not.
The website and the Services are provided on an "as is" and "as available" basis. We will only be liable to you if we have failed to comply with our obligations under these terms and then our sole liability to you and anyone else who uses the services we provide to you (together) will be to pay you up to a maximum combined amount equal to $250.
This exclusion applies whatever you are claiming for (whether for direct, indirect or consequential losses, loss of profits, loss of business, loss of data or otherwise) and in whatever way any liability might arise if it were not for this clause (including in contract, tort, equity or under statute).
This exclusion does not prevent you getting a court order you are entitled to that requires us to do anything we have agreed to do for you.
Information about you
Personal information provided to us by you through your use of this website is subject to our, which forms part of these terms.
Any Party Warehouse company or agent appointed by us may perform any of our obligations under this agreement and they, and our suppliers, retailers and licensors, and each of their respective officers, employees, contractors and agents) will have the benefit of any term that is of benefit to us.
We may transfer this agreement or any benefit or obligation of it to any person including, but not limited to, our related companies (as defined under the Companies Act 1993) without notice to you. If we do transfer our obligations to another person (in which context we will be the transferor and the person we transfer the obligations to will be the transferee), the transferor will not be liable for, and you discharge the transferor from liability for, any act or omission of the transferee arising in relation to these terms after that date. You may not transfer any benefit or obligation to any other person without our written consent.
Each term is separately binding. If for any reason any term cannot be relied on, all other terms remain binding.
You acknowledge that you are not relying on any statement or representation in any form made by us or on our behalf in relation to the suitability of the Services or your experience with or any outcomes you may achieve through using them. You agree not to commence any proceeding directly or indirectly arising from any statement or representation not expressly recorded in these terms.
If we do not exercise or enforce any right available to us under these terms or otherwise arising at law or in equity, this does not constitute a waiver of those rights.
These terms (and the provision of goods and services by us) are governed by and to be interpreted in accordance with New Zealand law. In the event of any dispute arising in relation of these terms or their subject matter, the New Zealand courts will have non-exclusive jurisdiction over such dispute.