PowerbyProxi > Terms of Use

Terms of Use


This website (Website) is owned and operated by PowerbyProxi Limited (NZCN 1976622) of 111 Franklin Road, Freemans Bay, Auckland 1011, New Zealand (We, us, our).

These terms comprise 4 Sections:

Section A:      Website Terms of Use, governing your use of this website (Website).

Section B:      Privacy, governing our collection and use of personal information.

Section C:      General, containing terms of general application to both use of the Website and the purchase of Products.

The supply by us of any products shown on this Website is governed by our Product Terms and Conditions.

Section A: Website Terms of Use

1.            Website

1.1           By accessing, browsing or using this Website, you agree to be bound by these terms as amended from time to time (Terms).

1.2           We may amend these Terms from time to time without notice. Any amendment will be effective immediately upon being posted on this Website. Your continued use of this Website after any amendment becomes effective will constitute your agreement to be bound by these Terms, as amended.

1.3           We reserve the right to vary or modify the information contained on this Website, to change or discontinue any feature or part of this Website, to change the hours of availability and the equipment required to obtain access to this Website, without notice and without liability. We reserve the right to alter, remove or discontinue Products without notice.

2.            User conduct

2.1           You warrant and represent that information submitted to the Website by you or on your behalf is accurate and up to date.

2.2           You are solely responsible for maintaining the confidentiality and security of your account on the Website (Account), and for all activities that occur on or through your Account, and you agree to immediately notify us of any security breach of your Account.

3.            Intellectual property

3.1           All copyright, trade marks and all other intellectual property rights in our Website and its content (including, without limitation, website design, text, graphics and all software and source codes connected with our Website) (Intellectual Property Rights) are owned by or licensed to us or otherwise used by us as permitted by law. You may not reproduce, duplicate, download, copy, sell, resell or exploit our Intellectual Property Rights or any part of the Website, or permit any other person to do so.

4.           Liability

4.1           The use of this Website is at your sole risk. To the maximum extent permitted by law we exclude any warranty that:

4.1.1       The Website will meet your requirements;

4.1.2       The Website will be uninterrupted, timely, secure or error free; or

4.1.3       Any errors in the Website will be corrected.

4.2           Any material downloaded or otherwise obtained through use of this Website is at your own discretion and risk and you will be solely responsible for any damage to any computer hardware, software or system or loss of data that results from the download of that material.

4.3           You agree to indemnify and hold us indemnified against any action, claim, costs (including legal costs on a solicitor-client basis), losses, proceedings, damages, liabilities or demand made by any third party due to or arising out of your breach of these Terms, your use of the Website or your violation of any law or rights of a third party.

Section B: Privacy

5.            Collection and use of personal information

5.1           We comply with the Privacy Act 1993 and the Privacy Principles set out in that Act when dealing with personal information about individuals.

5.2           By using the Website and/or providing information to us, you consent to our collection, use and storage of your personal information. We will only use personal information for the purpose for which it is provided, including for the purposes of supplying Products or services, carrying out credit checks, debt collection, enforcing any rights under these Terms and providing you with information about goods or services we think might be of interest to you.

5.3           Personal information collected may be transferred to, stored and processed in any other country in which we or our affiliates, subcontractors or agents maintain facilities, including the United States and countries outside the European Economic Area (EEA). This means that your information may be processed in countries with lower data protection standards than your country of residence. By using the Website and placing any Order for Products, you consent to any transfer, processing or storing of information outside of your country of residence and, where applicable, outside the EEA.

5.4           You have the right to access personal information that we hold about you and to request correction of that information.

6.            Cookies

6.1           The Website uses cookies to provide the shopping cart functionality. Cookies are small data files which are temporarily stored on your computer. Cookies are used to track changes to the shopping cart on the Website (including when you add or remove items from the cart) and a unique session code is used to identify the cart data for each customer at checkout. These cookies do not contain any personal information.

6.2           In order to shop with us using the Website your computer must be set up to accept cookies.

Section C: General

7.            Governing law and jurisdiction

7.1           These Terms are governed by, and construed in accordance with, the laws of New Zealand.

7.2           You agree to submit to the exclusive jurisdiction of the Courts of New Zealand. If you access this Website or place an Order for Products from another jurisdiction, you are additionally responsible for compliance with all applicable local laws.