1. APPLICATION OF BUYER TERMS
1.1. These Buyer Terms and our Privacy Policy apply when you browse Chooice or buy Products or Services through Chooice. By using Chooice or purchasing Products or Services through Chooice, you agree to these Buyer Terms.
1.2. If you do not agree to these Buyer Terms or our Privacy Policy, please do not proceed with your purchase and please stop browsing, accessing or using Chooice.
2. CHANGES
2.1. We may change these Buyer Terms and the Privacy Policy at any time by updating them on Chooice. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Buyer Terms. By continuing to access Chooice and purchasing Products or Services after the Buyer Terms have been updated, you agree to be bound by the changed Buyer Terms. We recommend you regularly review these Buyer Terms and the Privacy Policy to see any updates or changes.
2.2. We may change, suspend, discontinue, or restrict access to, Chooice without notice or liability.
2.3. Buyer Terms last updated: These Buyer Terms were last updated on 06/10/21
3. DEFINITIONS AND INTERPRETATION
3.1. Definitions: In these Buyer Terms:
a. “Buyer Terms” means these terms and conditions titled Chooice Terms of Use (Buyers) ;
b. “Chooice” means the internet site at http://chooice.co.nz/, any social media or other platform that we have set up a Chooice page or group in relation to the sale and purchase of Products and Services, or such other site notified to you by us;
c. “Chooice Seller Terms” means the Chooice seller terms available at Sellers Terms of use (Website).
d. “GST” means goods and services tax as set out in the Goods and Services Tax Act 1985;
e. “Loss” includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis;
f. “Objectionable” includes being objectionable, defamatory, obscene, inappropriate, harassing, threatening, unlawful or otherwise considered by us as being unacceptable;
g. “Personal Information” means information about an identifiable, living person;
h. “Products and Services” means goods, services, events, activities, property and accommodation;
i. “Seller” means a person who has set up an account with us to sell Products and/or Services through Chooice;
j. “Underlying Systems” means the IT solutions, systems and networks (including software and hardware) used to provide Chooice, including any third party solutions, systems and networks;
k. “We”, “us” or “our” means Chooice.co.nz Limited, company number 7994616; and
l. “You” means you, the person browsing Chooice and/or purchasing Products or Services through Chooice.
3.2. In these Buyer Terms:
a. clause and other headings are for ease of reference only and do not affect the interpretation of these Buyer Terms;
b. words in the singular include the plural and vice versa; and
c. a reference to:
i. “including” and similar words do not imply any limit; and
ii. a statute includes references to regulations, orders or notices made under or in connection with the statute or regulations and all amendments, replacements or other changes to any of them.
4. ABOUT CHOOICE
4.1. Chooice allows users to discover Products and Services and support New Zealand businesses.
4.2. Chooice enables you to purchase Products and Services directly from Sellers who have placed listings on Chooice.
4.3. We act solely as a facilitator between you and a Seller. We do not act as agent for either party and do not participate in any provision of any Products and/or Services (other than the marketplace services provided via Chooice). Other than our obligations set out in these Buyer Terms, we are not liable to you for:
a. any failure by a Seller to supply Products or Services you have purchased;
b. any Product or Service description error or disagreement;
c. the quality of any such Products or Services, including any product fault or safety issue;
d. your Product orders getting lost; or
e. any failure by a Seller to comply with these Buyer Terms, the Chooice Seller Terms, or any other legal obligation, including the Seller’s failure to send the Products you purchased.
4.4. We do not undertake to monitor or verify Sellers or their Products or Services, including to verify the accuracy of their listings or the quality or suitability of Products or Services.
4.5. We will use reasonable efforts to provide Chooice in accordance with these Buyer Terms and New Zealand law.
4.6. We provide Chooice on an as is basis, and you use it at your own risk.
4.7. Where, upon registration of a user profile or at any other time, you indicate that you wish to receive email communications from us, we may continue to communicate with you using email until you indicate otherwise. These communications may include information features of the Chooice website, Products and Services for sale, transactional information and other information concerning or related to Chooice. You may opt-out of receiving email communications at any time by using the unsubscribe link in any email.
4.8. If you are accessing Chooice on a social media or other platform (Third Party Platform) that we have set up a page or group for the sale and purchase of Products and Services, you agree to abide by the terms of that Third Party Platform in addition to these Buyer Terms.
5. YOUR OBLIGATIONS
5.1. You must use Chooice in accordance with these Buyer Terms and solely for lawful purposes.
5.2. To purchase Products and Services on Chooice, you must set up a user profile which will include creating a user login and password. You must ensure that your username and password for any user profile is kept secure and confidential. Do not reveal your login details to any other person. You are entirely responsible for all activities that occur through the use of your password. You must notify us immediately of any unauthorised use of your password or any other breach of security. Following any unauthorised use, you will cease using that password and create a new unrelated password. You will indemnify us, our directors, officers and employees against all costs, expenses and damages incurred in connection with any claim arising from or any reasonable reliance by us on any use of your password.
5.3. You must provide true, current and complete information in your dealings with us (including when setting up a user profile), and must promptly update that information as required so that the information remains true, current and complete. You also confirm that the information provided through the user profile registration process or subsequent to registration is not misleading or deceptive, or is likely to mislead or deceive.
5.4. When you are logged in to your user profile, you are able to leave reviews on Sellers’ pages on Chooice. Your reviews must not be Objectionable, breach any applicable law or any third party right (including privacy and publicity rights). If we consider that your reviews or other conduct on Chooice is Objectionable, likely to breach the law or infringes a third party’s rights, we may remove any reviews you have posted to a Seller’s store and suspend your account and access to Chooice.
5.5. If you are purchasing Products and/or Services from a Seller, you agree to be bound by their additional terms and conditions set out on their listing, their website or otherwise made available to you.
5.6. When purchasing Products and Services through Chooice, you must complete the transaction in the manner specified in the listing or as otherwise agreed with the Seller, including by making full and prompt payment.
5.7. You must not impersonate another person or misrepresent your authority to act on behalf of others or us.
6. FEES AND PAYMENT
6.1. There are no charges for you to browse Chooice.
6.2. The price for any Products or Services you purchase will be displayed to you in New Zealand dollars at the time of purchase. Unless otherwise expressly stated, all amounts specified are GST inclusive (where GST is applicable).
6.3. If you are purchasing Products and/or Services, payments will be processed by Stripe, our third party payment provider. To allow for the processing of payments and in accordance with our Privacy Policy, we provide certain Personal Information about you to Stripe. We recommend that you read Stripe’s privacy policy so that you understand the manner in which your Personal Information will be handled by them. Stripe may securely store and use debit card, credit card, and/or other payment account information provided by you to make withdrawals from your account in exchange for payment for Products and Services purchased by you through Chooice.
7. INTELLECTUAL PROPERTY
7.1. We (and our licensors) own all proprietary and intellectual property rights in Chooice and in the material published on it (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems (the Site Materials).
7.2. The Site Materials may not be copied, republished, rewritten, resold, redistributed, communicated, transmitted or stored, whether in hard copy, electronic or any other form.
7.3. If you access and/or use the Site Materials in breach of these Buyer Terms, your right to use Chooice will cease immediately and you must, at our request, delete or destroy any copies of the Site Materials you have made.
7.4. You must not:
a. access Chooice via any method other than through a standard web browser. Other methods including scraping, deep-linking, harvesting, data mining, use of a robot, automation, or any similar data gathering, extraction or other monitoring method are strictly prohibited; or
b. use or introduce (or allow anything to be used or introduced) into Chooice, the Underlying Systems or environment any virus, Trojan horse or worm, or other device designed to damage, disable or impair the full use of Chooice or any network or Underlying System, software, data or material that underlies or is connected to Chooice.
7.5. We reserve the right to prohibit links to Chooice and you must remove or cease any link to Chooice at our written request.
8. PRIVACY
8.1. When you provide Personal Information to us, we will comply with the New Zealand Privacy Act 2020 and with our Privacy Policy set out at Privacy Policy.
9. DISCLAIMERS AND LIMITATION OF LIABILITY
9.1. To the maximum extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
a. any Product or Service that you have purchased through Chooice, or any failure to receive any such Product or Service;
b. your access and use of Chooice, including if Chooice is unavailable (in whole or in part) or performing slowly;
c. any error in, or omission from, any information made available through Chooice;
d. any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use Chooice. To avoid doubt, you are responsible for ensuring the process by which you access and use Chooice protects you from this; and
e. any site linked from Chooice. You access linked sites at your own risk. We will not be responsible for the availability, content, security, policies or practices of any linked sites and we will not be responsible for any dealings you have with any party on a linked site. Any link on Chooice to other sites does not imply any sponsorship, endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or services.
9.2. To the maximum extent permitted by law, if we have liability to you, then our total liability to you under or in connection with these Buyer Terms, or in connection with Chooice will not exceed NZD10. We will not be liable to you under or in connection with these Buyer Terms, Chooice or the Chooice Shop Services for any loss of profit, revenue, savings, business, use, data, and/or goodwill, consequential, indirect, incidental or special damage or loss of any kind.
9.3. Without limiting clause 9.1:
a. you access and use Chooice at your own risk;
b. you rely on information provided by Sellers and other Chooice users at your own risk;
c. you acknowledge we do not, control, inspect, endorse, approve or check the ownership, availability, condition, fitness for purpose or nature of any advertised Products and/or Services or the accuracy, currency, truth or completeness of the information provided by Sellers and it is your responsibility to do so; and
d. you should not assume any Product or Service meets any applicable product safety or other standards just because the Seller is offering to supply those Products and Services to you. It is your responsibility to take any other necessary precautions before purchasing Products and/or Services, including discussing any concerns you have with the Seller.
10. INDEMNITY
10.1. You will take all necessary action to defend and indemnify us, our directors, officers and employees against all Loss and damages suffered or incurred in connection with any claim brought by a third party against us arising from a breach by you of any of these Buyer Terms.
11. SUSPENSION AND TERMINATION
11.1. Without prejudice to any other right or remedy available to us, if we consider that you have breached these Buyer Terms, or if we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to Chooice (or any part of it), including any user profile you have.
11.2. On suspension or termination, you must immediately cease using Chooice and must not attempt to gain further access.
11.3. Clauses which, by their nature, are intended to survive termination of these Buyer Terms, including clauses 4.3, 7, 8, 9, 10 and 12.3, continue in force.
12. GENERAL
12.1. If we need to contact you, we may do so by posting a notice on Chooice. You agree that this satisfies all legal requirements in relation to written communications.
12.2. If you have any questions or concerns in relation to Chooice or these Buyer Terms, please contact us support@chooice.co.nz.
12.3. These Buyer Terms, and any dispute relating to these Buyer Terms or Chooice are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Buyer Terms or Chooice.
12.4. For us to waive a right under these Buyer Terms, that waiver must be in writing and signed by us.
12.5. If any part or provision of these Buyer Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Buyer Terms. The remainder of these Buyer Terms will be binding on you.
12.6. These Buyer Terms set out everything relating to your use of Chooice and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Buyer Terms. The parties have not relied on any representation, warranty or agreement relating to Chooice that is not expressly set out in the Buyer Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Buyer Terms.