TERMS OF USE
These terms apply if you use this site, which belongs to us, Goodbirds Limited (NZ Business Number 9429046330260). Trading as Noopii.
When we refer “this site” we mean this site and any linked site of ours, including our Facebook site and Instagram site.
If you do not agree with these terms then please exit this site.
If you are purchasing products and services though this site, the following terms also apply:
-
Terms applying to purchases made online using a credit card or other immediate payment system (e.g. PayPal).
-
Terms applying to trade purchases made on credit when we have approved you as a trade purchaser. See Terms here
These terms of use, all our linked terms and our relationship with you, are all governed by New Zealand law. If we have a dispute of any sort, we will both try and sort it out directly between us. But, if we can’t do that within two weeks, either of us can refer it to a New Zealand mediator chosen by the Resolution Institute (LEADR & IAMA). and we will promptly try to resolve the dispute under their rules. If you are not in New Zealand, then, if you chose, that mediation can take place via Skype or some other video-conference mechanism approved by the mediator. The above does not prevent either of us seeking an urgent order of a New Zealand Court and nor does it prevent us taking any debt collection measures if you don’t pay us when you’re meant to.
What we undertake to you:
In making this site available and providing our products and services to you we will: -
Be honest and upfront with you and treat you with respect. If you have a question or concern, we will deal with it promptly. If you do have any questions or concerns or wish to notify us of anything (including under the Harmful Digital Communications Act 2015 ) please contact us
-
Comply with New Zealand law (for example, the Fair Trading Act 1986) and Consumer Guarantees Act 1993
-
Use information collected from you strictly in accordance with our privacy policy
-
Respect and not infringe your ownership of, and intellectual property rights in, any material that you upload. Please note that we do not guarantee to keep any material that you upload. We may delete it at any time without notice to you for any reason or no reason
-
Comply with our product delivery policy for online.
-
Comply with our returns and refund policy
Notify you of any changes to these terms of use at least 30 days in advance of those changes taking effect so that you can decide whether you want to continue using this site and purchasing our products and services. The changes will only apply to purchases made after that 30 day period.
What you undertake to us:
In using this site and purchasing products and services from us, you will:
Be honest and upfront with us and treat us and other users of this site with respect
Provide us with your correct information when registering with us or making an order and not impersonate anyone else or gain unauthorised access to any part of this site or to any of our products or services
Comply with New Zealand law (for example by not making harmful comments about anyone or harassing them as prohibited under the Harmful Digital Communications Act 2015 and by observing the privacy principles under the Privacy Act 1993
Respect and not infringe our ownership of, and intellectual property rights in, this site and our content on it and the similar rights that other users have in material they upload. You grant us a royalty free, perpetual, worldwide licence to display on this site any material you upload and to promote that material via social media or other online or offline channels
Pay for any products and services you obtain from us when you’re meant to
Not interfere with the working of this site or our ability to efficiently provide our products and services to you and other users.
If you wish to return products and obtain a refund, comply with our returns and refund policy.
Keep any username and password we give you secure and confidential. Make sure you tell us straight away if you think or know someone else has used your password or there has been any other security breach. We will hold you responsible for anything done using your username and password. MAKE YOUR PASSWORD A STRONG ONE AND KEEP IT SECURE.
Not resell or otherwise distribute any products or services you purchase from us unless we have approved you as a trade purchaser and you have agreed to our terms, even then you may resell only in the ordinary course of your business
Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER YOU NOR US (THIS INCLUDES OUR RESPECTIVE OFFICERS, STAFF AND AGENTS) ARE LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY OR ON ANY OTHER GROUNDS TO EACH OTHER OR ANYONE ELSE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGE, LOSS, COST OR EXPENSE, DAMAGE TO PROPERTY, INJURY TO PERSONS, LOSS OF PROFITS, LOSS OF DATA OR REVENUE, LOSS OF USE, LOST BUSINESS OR MISSED OPPORTUNITIES, WASTED EXPENDITURE OR SAVINGS WHICH EITHER OF US OR THAT OTHER PERSON MIGHT HAVE HAD OCCURRING DIRECTLY OR INDIRECTLY FROM THE USE OR ABILITY OR INABILITY TO USE, OR RELIANCE ON, OUR WEBSITE, OR OUR PRODUCTS AND SERVICES AND BASED ON ANY TYPE OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE.
DESPITE THE ABOVE, IF ANY COURT HOLDS YOU OR US (THIS INCLUDES OUR RESPECTIVE OFFICERS, STAFF AND AGENTS) LIABLE FOR ANY MATTER RELATED TO A BREACH OF THESE TERMS, OUR RELATIONSHIP OR A FAILURE OF OUR PRODUCTS OR SERVICES, THE TOTAL LIABILITY OF EITHER OF US FOR ONE INSTANCE OR SERIES OF RELATED INSTANCES WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID US IN THE PREVIOUS THREE MONTHS.
Termination
We may disable or remove any or all parts of this site or suspend or terminate supply of any or all of our products and services at any time, without notice, for any reason or no reason. If you have products or services that have been paid for but not delivered at that time, we will try to deliver them but may decide to refund your payment instead, without penalty.
If you wish to terminate your account, you may do so at any stage as long as you have paid for any products and services that you have ordered.
Contact and notices
You can contact us on any of the channels set out on our contact page. Any notices required to be in writing can be sent to the email address listed on that page. If we need to contact you we will email you at the email address you gave us when you registered with us or any other email address we may have for you.