1.Introduction

Welcome to www.gentlydoesit.co.nz, the website for Gently Does It Ltd (“we”, “us”, “our”). By using this website you are deemed to agree to these Terms and Conditions and any other conditions on the site, including but not limited to our Customer Service conditions and Privacy Policy (together “the Agreement”).

2. Varying the Agreement.

We may change the terms and conditions of the Agreement at any time. Changes will take effect immediately upon publication on this website. By continuing to use the website following publication, you are deemed to have agreed to such changes.

3. Website content.

The information contained in this website is for general information purposes only. We have endeavoured to take all reasonable and appropriate care in the preparation of the content of this website and have no reason to believe that any information contained on this website is inaccurate, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

4. Links to other websites.

We may provide links to other websites. Where we do so, we are not responsible for ensuring the currency of the link nor are we responsible for the content and privacy practices associated with such websites. The inclusion of any links does not necessarily imply a recommendation or endorsement of the views expressed within them.

5. Intellectual Property:

Unless otherwise stated, we are the owner of all copyright, trademarks and other intellectual property rights in this website, including but not limited to all intellectual property rights in respect of all text, graphics, logos, images and any downloads that may be offered on this website. Our ownership in such intellectual property is protected by both New Zealand and international law.

6. Exclusion of Warranty:

Unless otherwise expressly stated in this Agreement, all warranties, representations or conditions relating to your access and use of the website (whether express, implied or whenever arising) whether originating in statute, law, trade, custom or otherwise that would but for this clause apply, are expressly excluded to the fullest extent permitted by law. We do not engage in offering professional medical or health advice. The information accessed through this website is not intended to be complete or diagnose or treat a health problem or disease. If you have a health problem or suspect you have a health problem please consult your health adviser. Nothing in this clause is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by that Act. All provisions of this Agreement are to be read as modified to the extent necessary to give effect to that intention.

7. Exclusion of Liability:

Under no circumstances will we, our employees or our agents be liable to you in contract, tort, equity, statue, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you or by any other third part, whether direct or consequential (including without limitation any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or brought against you which relate in any way to your access and use of the website or in respect of any failure or omission on our part to comply with our obligations as set out in the Agreement in respect of your use of the website. We do not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained on this website including without limitation where such loss or damage is a result of or contributed to by our negligence.

8. Limitation of Liability:

In the even that any limitation or provision contained in these Terms and Conditions is held to be invalid or unenforceable for any reason and we become liable for any loss or damage that would otherwise have been excluded, our maximum liability in contract, tort, equity, statue, regulation or otherwise for any loss, damage or injury directly or indirectly arising in respect of your access and use of the website is to be limited to $50 in New Zealand currency.

9. Failure to Comply:

We accept no liability for any failure to comply with this Agreement because of events beyond our reasonable control.

10. Disputes:

In the event that you have a dispute in respect of the content of this website or relating to or arising from your use of this website you must immediately notify us in writing giving details of the dispute. If you and Gently Does It Ltd cannot resolve the dispute within ten (10) workings days, it will then be submitted to mediation by a mediator agreed to by both yourself and Gently Does It Ltd or, failing agreement, appointed by the President for the time being of the Arbitrators and Mediators institute of New Zealand. If the matter is not resolved by mediation with fifteen (15) working days from there, the matter will be submitted for arbitration in accordance with the Arbitration Act 1996 (NZ). Unless agreed otherwise by us, all such mediation and arbitration proceedings shall take place at a venue in Wellington, New Zealand to be chosen by us acting entirely at our own discretion. All costs in relation to the staging of such proceedings (excluding for the avoidance of doubt any awards which may be made) shall be borne equally by the parties unless explicitly stipulated otherwise by the arbitrator or agreed otherwise by the parties.

11. Governing law:

The Agreement is governed by, and will be construed in accordance with, the laws of New Zealand. Both you and Gently Does It Ltd submit to the non-exclusive jurisdiction of the New Zealand courts.

12. Waiver:

If we waive any rights conferred on us by this Agreement, this does not mean that those rights will automatically be waived on any other occasion.

13. Severability:

If any part of this Agreement is invalid or unenforceable, this invalidity will not affected the remaining terms and conditions which shall continue in force.