erdaTERMS & CONDITIONS

Please read the following terms and conditions very carefully as your use of service are subject to your acceptance of and compliance with the following terms and conditions ("Terms").

By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use our service. If you do not want to be bound by the Terms, you must not subscribe to or use our services.

In these Terms, references to "you", "User" shall mean the end user accessing the Website, its contents and using the Services offered through the Website. "We", "telephone and "our" means the service provider “erda”.

The terms mentioned here are applicable only for usage of erda services or purchase of erda products on the domain www.erda.co.nz.  These terms and conditions (these "Terms") apply to the purchase and sale of products and services through www.erda.co.nz. (the "Site"). You can begin the use of the website only as a registered user. In order to purchase a product, you must register through the website to obtain an account.

If you do not agree to these terms of use, please refrain from using the website as your use of the website or any of the products or services offered on the website (collectively, referred to as the "Products & Services") is subject to these Terms of Use including the Privacy Policy ("Terms") and the same will be legally binding. We may modify these Terms of Use at any time without notice to you by posting revised Terms of Use on our site. Your use of the website constitutes your binding acceptance of these Terms, including any modifications that we make. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this Agreement. We at our sole discretion, reserve the right not to accept a user from registering on our site without assigning any reason thereof.

Please understand that if you refuse to accept these Terms, you will not be able to order any products or avail any service from www.erda.co.nz.

USER ACCOUNT, PASSWORD AND SECURITY

(A) User Account

·         An account is needed to be made with erda to use some of our Services. However, these are few requirements needed to be complied by you before creating an account with erda:

·         Individual must be 18 or older to use our Services. Otherwise, you may only use our Services under the supervision of a parent or legal guardian.

·         Provide accurate information – False information or impersonating another person or company through your account will not be entertained.

·         Choosing of an appropriate Username- A username that is offensive, vulgar, or infringes someone’s intellectual property rights will be violating the Terms.

You are solely responsible for your account -You will receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify erda at support@erda.co.nz or support@erda.co.nz of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Erda cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

The security of your Personal Information is of prime importance to us. However, due to the inherent open nature of the Internet, we do not guarantee that communications between you and erda or information stored on the Site or our servers, will be completely free from unauthorized access by third parties such as hackers, and your use of the Site is at your own risk. We have put in place reasonable physical, electronic, and managerial procedures to safeguard the information we collect, including limiting access to the Personal Information contained on our servers. Only those employees who need access to your information to perform their duties are authorized to have access to your Personal Information.

(B) Feedback: User Content

Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide to erda, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and nonproprietary, and erda shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of erda and shall not be returned to you.

In addition, to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant erda the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by erda will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead erda or third parties as to the origin of any Submissions or Content.

(C) Feedback

You agree that any submission of any ideas, suggestions, and/or proposals to erda through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that erda has no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to erda  a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback.

(D) Ratings And Reviews

Because we strive to maintain a high level of integrity with respect to Ratings and Reviews posted or otherwise made available on the Website or through the Services, you agree that:

You will base any Rating or Review on first-hand experience with erda.
You will not provide a Rating or Review for any Product of erda for which you have an ownership interest, employment relationship or other affiliation or for any of that erda competitors
User’s review will comply with the terms of this Agreement. If erda determines, in its sole discretion, that any Rating or Review could diminish the integrity of the Ratings and Reviews, we may exclude such User Content without notice.

USER WARRANTY AND REPRESENTATION

The user guarantees, warrants, and certifies that he is the owner of the content which he submits or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. The user further warrants that to his knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name, and copyright formerly or currently used by him in connection with the Services rendered by erda and its associated brand(s)

PRIVACY POLICY

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of erda and its associated brand(s). The user further consents that the terms and contents of such Privacy Policy are acceptable to him.

RIGHTS OF USE

Information provided by you will be used by us according to our Privacy Policy. In particular, the right of use includes the right of making contents publicly available on mobile and stationary end devices, the right of reproduction, the right of distribution as well as the right of broadcasting.

DELIVERY

We will make a maximum of two attempts to deliver your product. In case you are not reachable or do not accept delivery of the product in these attempts, we reserve our right to cancel the order(s) at our discretion. We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. An estimated delivery time is displayed on the Order Summary page. On placing your order, you will receive an email containing a summary of the order and also the estimated delivery time to your location. Sometimes, delivery may take longer due to certain unforeseen circumstances.

PRICES AND PAYMENT TERMS

·         All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors. If we are unable to contact you, we will treat the order as cancelled.

·         Terms of payment are within our sole discretion, and unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. The payment may be processed prior to our dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment but before the order has been dispatched, the said amount will be reversed back to your debit/credit card account.

·         The prices mentioned on the Site are not subject to comparison with the same or similar product(s) and/or service(s) available through any online or offline sale. The pricing is subject to our pricing policy and the prices shall be determined only at our sole discretion.

GST AND OTHER TAXES

The price stated for any goods or services offered on the Site for delivery within New Zealand is inclusive of any GST or other tax as applicable.

CANCELLATION OF THE PRODUCT

You can cancel an order only before the said product/s has been shipped. We shall not be able to process your request to cancel if the product/s has already been shipped. If you cancel your order, we will return all payments we have received from you, including delivery costs (with the exception of additional costs arising from your choice of another type of delivery other than the low priced standard delivery we offer). On cancellation, we will return all payments received from you. We will refund all payments made by you, generally in 20 working days. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

RETURN/EXCHANGE OF THE PRODUCT

Your shopping basket on the Site displays the products you have selected. The delivery cost varies according to the destination you choose to have the item delivered to and the delivery method(s) on offer. Individual delivery charges are clearly displayed on the product listing page, in your basket and on the check-out page. Any delivery times quoted are estimates only in working days.

You should contact erda directly using the order enquiry function on your account for customer service issues relating to a product purchased from our Marketplace, such as if you wish to discuss or arrange a return, exchange or refund. erda will help you resolve your issue solely in accordance with this Agreement and our Returns & Refunds Policy. erda will refund any money owing to you for product returns. Payments will be made after we confirm that items have been returned in accordance with the Returns and Refunds Policy.

We will return or exchange as per the following conditions:

·         If the product is returned within 7 days from delivery of the product to you, then the product can be exchanged or you can earn store credits which you can use to purchase any other product on the website (only defects or wrong products).

·         After 7 days from the delivery of the product to you, no product shall be Returned/Exchanged.

·         Returned products must be unused and unwashed for hygiene reasons; and returned with original packaging and tags in place. Products without tags will not be accepted.

COLOR OF THE PRODUCT/DISCLAIMER FOR HANDMADE PRODUCTS

We cannot guarantee that color of the product will be displayed accurately on your computer screen. However, we do make effort to display the color of the product as accurately as possible but the same cannot be guaranteed by us. For certain products we cannot guarantee that the product listed will look exactly the same as these would be handmade and could differ by 20-30% from what you see on the website. Please check for disclaimers for such products under each product description.

GOODS NOT FOR RESALE OR EXPORT

You agree to comply with all applicable laws and regulations of New Zealand government including all Export Regulations. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export.

RISK & TITLE

The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

FRAUDULENT ACCOUNTS

We have the right to monitor the accounts created by the users on our website. Users who are availing our services fraudulently shall be liable for legal action under applicable laws. Such user will also indemnify us for the lawyer fees and other costs. We also have the right to delete account of such user and dishonor all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds. We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

USER CONDUCT & RULES

You can provide us with information in the registration process, via email, mobile chat service, emails etc. You are solely responsible for the information you provide. We will only act as a passive conduit for online distribution and publication of your information. You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:

·         Belongs to another person and to which you do not have any right to

·         Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever

·         Harm minors in any way

·         Infringes any patent, trademark, copyright or proprietary rights of others

·         Violates any law for the time being in force

·         Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

·         Impersonate another person

·         Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource

·         Threatens the unity, integrity, defense, security or sovereignty of New Zealand, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation

·         Shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers

We reserve the right to monitor the information posted by you on the website and decline/remove any information that violates the provisions of this clause.

LICENSE FOR PERSONAL USE

The website is made available for your personal, non-commercial use only. The materials on this Website are the property of the Proprietary concern or its licensors, and are protected by relevant local and international copyright laws, trademark and international conventions. Except as explicitly provided in these term of use, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on this site. You may not store any significant portion of, nor distribute copies of, materials found on the website, in any form (including electronic form), without prior written permission. Requests for permission to reproduce or distribute materials found on the Website should be sent to the Proprietary Concern directly. However, without the prior written permission of the Proprietary Concern, you may not frame any of the content of the website, nor incorporate into any other website or other service any intellectual property of the Proprietary Concern, its website or its licensors. You will not use the website to violate the copyright, trademark, or other intellectual property rights of any person or other entity. You may not bypass any measures used by us to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you.

NO COMPENSATION POLICY

If the quality of any products, services, information, or other material purchased or obtained by you through the Website did not meet to the users expectations, no compensation will be given other than the return and refund of the product. The user cannot request compensation for any reason, including: any variation in the finish or appearance of the final product; any delay in delivery caused by unforeseen circumstances; any special, incidental, indirect or consequential damage of any kind caused by a product; missed opportunities to avail certain discounts; any issue with our Delivery partners or their personnel; any voucher which got deactivated due to the end of expiry date; unavailability of items which the customer tried to purchase etc. Unreasonable and unlawful requests for compensation, over and above the entitled refund, will be treated as loss to business cases. erda reserves the right to cancel orders and block accounts of such customers without any prior notice.

LINKS TO THIRD PARTY SITES

The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of erda and its associated brand(s) or the Website and erda and its associated brand(s) is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. erda and its associated brand(s) is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. erda and its associated brand(s) is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by erda and its associated brand(s) or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

ASSIGNMENT

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this clause is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

NO WAIVERS

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of erda and its associated brand(s).

NO THIRD PARTY BENEFICIARIES

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

WARRANTIES

All warranties, relating to the products sold on the Website would be provided by the manufacturer/supplier of such product if applicable and the same would not in any manner be provided by the Website or the Proprietary Concern. Any claim in relation to the same should be raised against concerned manufacturer/supplier and not against the company in any case whatsoever. All products are provided on an as is basis without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. It is the responsibility of the buyer to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the site, or obtained from a linked site. The Site or third parties may provide links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

OUR LIABILITY

You understand that there may be delays, omissions, interruptions, inaccuracies, and/or other problems with the information, products, and services published on or promoted over this site. It is clarified that we are not responsible for losses including but not limited to:(a) loss of income or revenue;(b) loss of business; (c) loss of profits or contracts;(d) loss of anticipated savings; (e) loss of data; (f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.

WARRANTIES AND LIMITATION OF LIABILITY

erda has endeavored to ensure that all the information on the Website is correct, but erda neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service.

In no event shall erda and its associated brand(s) be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the user's transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall erda and its associated brand(s)  be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, erda and its associated brand(s) shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond erda and its associated brand(s) control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, erda and its associated brand(s)  owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. The User acknowledges and agrees that he shall not use, reproduce or distribute any content from the Website belonging to erda and its associated brand(s) without obtaining authorization from erda and its associated brand(s).

Notwithstanding the foregoing, it is expressly clarified that the User will retain ownership and shall solely be responsible for any content that he provides or uploads when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which he may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) User expressly agrees that by uploading and posting content onto the Website for public viewing and reproduction/use of your content by third party users, he accepts the Third Party User whereby granting a non-exclusive license for the use of the same.

INTELLECTUAL PROPERTY/COPYRIGHT ISSUES

The content of this website is copyright-protected and is the property of erda and its associated brand(s). erda and its associated brand(s) respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at erda and its associated brand(s).

REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the "Website") infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Legal Department. The written notice must include substantially the following:

·         Your physical or electronic signature

·         Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works

·         Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material

·         Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address)

·         A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law

·         A statement that the information in the written notice is accurate

·         A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner

·         Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorney's' fees)

INDEMNIFICATION

The User agrees to indemnify, defend and hold harmless erda and its associated brand(s) from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by erda and its associated brand(s)  that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to these Terms.

CANCELLATION OF FRAUDULENT ACTIVITY/LOSS TO BUSINESS ORDERS

To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, erda and its associated brand(s) reserves the right to cancel all past, pending and future orders without any liability. erda and its associated brand(s) also reserves the right to refuse or cancel orders in scenarios like inaccuracies in pricing of product on website and stock unavailability. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your card has been charged, the said amount will be reversed to your Card Account. Any promotional voucher used for the cancelled orders will not be refunded.

Account for the customers falling in fraudulent or loss to business category may be blocked. Any gift credits earned through loyalty or referral program will be forfeited in such case.

ELECTRONIC COMMUNICATION

You consent to receive communications from our website electronically. Our website will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

MODIFICATION/NOTIFICATION OF CHANGES

We reserve the right to make changes to the Site, related policies and agreements, Terms and Conditions and the Privacy Policy at any time. If we make material modification to these terms, it will notify you by: sending an email to the address associated with your account. We will not be responsible for any failure due to which you do not receive the email.

TRADEMARKS

The trademarks and logos displayed on the Site are our property and property of other parties. You are not entitled to the use of such marks without the express written permission of the concerned owner. You will not bring disrepute, dilute or infringe any of the marks on this website. All information and content including any software programs available on or through the Site (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes. We are not associated with the brands that we sell and the same are the registered trademark of the respective brand owners.

TERMINATION

erda and its associated brand(s) may suspend or terminate the use of the Website or any Service if it believes, in its sole and absolute discretion that the User has breached any of the Terms. We may, in our sole discretion and at any time, discontinue providing the Service or the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Service or the Site may be effected without prior notice, and you acknowledge and agree that we may immediately suspend, deactivate or delete your Account and all related information and Submissions made from your Account and bar any further access to such information or to the Site. Further, you agree that we will not be liable to you or any third-party for any suspension or termination of the Service or your access to the Site.

If the User terminates the use of the Website or any Service, erda and its associated brand(s) may delete any content or other materials relating to User’s use of the Service and erda and its associated brand(s) will have no liability to the User or any third party for doing so.

The User shall be liable to pay for any Service or product that he has already ordered till the time of Termination by either party whatsoever. Further, the User shall be entitled to the royalty payments as per the User License Agreement that has or is legally deemed accrued to the User.

COMPLAINTS

All complaints regarding our products and services can be made at info@rmcltd.co.nz

RELATIONSHIP BETWEEN THE PARTIES

The trademarks and logos displayed on the Site are our property and none of the provisions of this Agreement shall be deemed to constitute a partnership or agency between you and the Proprietary Concern and you shall have no authority to bind the Proprietary Concern in any manner whatsoever.

NOTICES

·         To You. We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) by posting to the Site. Notices sent by e-mail will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.

·         To Us. To give us notice under these Terms, you must contact us as follows: (i) by personal delivery, overnight courier or registered or certified mail to (our address). We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective 3 business days after they are sent.

SEVERABILITY

If any provision of these Term and Conditions is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision which most closely approximates the intent and economic effect of the invalid provision. The waiver by either party of a breach of any provision of these Terms and conditions will not operate or be interpreted as a waiver of any other or subsequent breach.

FORCE MAJEURE

We shall not be liable for any default or delay in the performance of our obligations (other than obligations to pay refund amounts owing hereunder) when such default or delay is due to any contingency beyond its reasonable control, including but not limited to, acts of God, strike, Labor dispute, epidemic, earthquake, fire, explosion,, riot, revolution, act or decision of Government Authorities, change of Applicable Laws, other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

erda and its associated brand(s) is not be liable for any delay or failure to provide the Service or any other delay or failure to meet our obligations under this Agreement to the extent that such delay or failure is caused by any event outside of our reasonable control.

ARBITRATION & GOVERNING LAW

If any dispute arises between you and us during your use of the Site or Service or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement, and the Privacy Policy or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by the Company. By purchasing through the Site, you agree that the contracts for the purchase of products shall be governed by the laws of New Zealand. Any dispute of any sort arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the Courts of New Zealand.

The place of arbitration shall be Wellington, New Zealand. The arbitration proceedings shall be in the English language. This Agreement, and the Privacy Policy or the documents they incorporate by reference shall be governed and construed in accordance with the laws of New Zealand:

1.       If any dispute or difference arises between the Parties hereto with regards to the subsistence of this Terms of Use or thereafter, in connection with the validity, interpretation, termination, implementation or alleged breach of any provision of this Terms of Use or regarding any question relating thereto the parties hereto shall endeavor to settle such dispute or difference amicably. In the event where the parties are unable to agree to an amicable solution to the dispute or difference the parties hereto shall refer such dispute or difference as per clause (2.) hereunder.

2.       Upon failure to amicably settle as provided under (1.) within a period of 30 Business Days from the raising of the dispute of difference, the dispute or the difference shall be referred to a sole arbitrator to be appointed with mutual consent.

MISCELLANEOUS

We may be required under any legislation, to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our Site or delivering them to you through email. You may update your email address by visiting the website page where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Site or these Terms must be filed within one (1) week after such claim or cause of action arose or be forever barred. We restrict and reserve our right to further moderate/ restrict/ ban the use of our Services, specifically to you or generally, in accordance with our policy/ policies from time to time, at our sole discretion and without any notice.

HEADINGS

The headings used in the Terms and Conditions are included for convenience only and will not limit or otherwise affect the terms and conditions herein.

ENTIRE AGREEMENT

The Terms and Conditions, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.

CONTACT US

If you have any questions or concerns regarding this Agreement, please contact us at support@erda.co.nz