General Terms
By accessing and placing an order with Pinoys in NZ through our website, you confirm that you are in agreement with and bound by the terms of service contained in the Terms & Conditions outlined below. These terms apply to the entire website and all interactions arising therefrom and any email or other type of communication between you and Pinoys in NZ.
Under no circumstances shall the Pinoys in NZ team be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if the Pinoys in NZ team or an authorized representative have been advised of the possibility of such damages. If your use of this site results in the need for servicing, repair or correction of equipment or data, you assume any related costs thereof.
Pinoys in NZ will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the right to change prices and revise the resources usage policy as circumstances require from time to time.
License
Pinoys in NZ grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the website and information provided strictly in accordance with the terms of this Agreement.
These Terms & Conditions are a contract between you and Pinoys in NZ (referred to in these Terms & Conditions as "Pinoys in NZ ", "us", "we" or "our"), the provider of the Pinoys in NZ website and the products and services accessible through the Pinoys in NZ website (which are collectively referred to in these Terms & Conditions as the "Pinoys in NZ Service").
You are agreeing to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not use the Pinoys in NZ Service. In these Terms & Conditions, "you" refers both to you as an individual and to the entity you represent. If you violate any of these Terms & Conditions, we reserve the right to cancel your account or block access to your account without notice.
Definitions
For this Terms & Conditions, note the following:
• Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.
• Company: when this policy mentions “Company,” “we,” “us,” or “our,” it refers to Pinoys in NZ Limited, (9 Wai Shing Place, Pukekohe, Auckland, New Zealand,2120) that is responsible for your information under this Terms & Conditions.
• Country: where Pinoys in NZ or the owners/founders of Pinoys in NZ are based, in this case is New Zealand
• Device: any internet connected device such as a phone, tablet, computer or any other device that can be used to access the Pinoys in NZ website and use the available services.
• Service: refers to the service provided by Pinoys in NZ as described in the relative terms (if available) and on this platform.
• Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
• Website: Pinoys in NZ website, which can be accessed via this URL: www.pinoys.co.nz
• You: a person or entity that is registered with Pinoys in NZ and given access to use the Services.
Restrictions
You agree not to, and you will not permit others to:
• License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the website or make the platform available to any third party.
• Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the website.
• Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Pinoys in NZ or its affiliates, partners, suppliers or the licensors of the website.
Return and Refund Policy
We are thankful for your use of the Pinoys in NZ website an Services. We appreciate that you find our website and the access it provides to products and services useful. We always aim to provide you with a simple to navigate, fast and responsive system designed to provide a pleasing experience during your visits and while exploring, evaluating, and purchasing the products and services that may be available through our website.
As with any shopping experience, these terms and conditions apply to transactions at Pinoys in NZ. The main thing to remember is that by placing an order or making a purchase at Pinoys in NZ , you agree to these Terms and Conditions as well as the Pinoys in NZ Privacy Policy.
If, for any reason, you are not completely satisfied with any of the products and services you have secured through the Pinoys in NZ website, don't hesitate to contact us. We are happy to discuss your feedback.
Your Suggestions
Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to Pinoys in NZ with respect to the website shall remain the sole and exclusive property of Pinoys in NZ.
Pinoys in NZ shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
Your Consent
We've updated our Terms & Conditions to provide you with complete transparency into what information is collected when you visit our site and how these are used. By using our website, registering an account, or making a purchase, you hereby consent to these Terms & Conditions.
Links to Other Websites
This Terms & Conditions applies only to the Pinoys in NZ website and Services. The Services may contain links to other websites not operated or controlled by Pinoys in NZ. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Services to another website, our Terms & Conditions are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you which is a matter between you.
Cookies
Pinoys in NZ uses "Cookies" to identify the areas of our website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our website but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit the website as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all. We never place Personally Identifiable Information in Cookies.
Changes To Our Terms & Conditions
You acknowledge and agree that Pinoys in NZ may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at Pinoys in NZ’s sole discretion, without prior notice to you. You may stop using our website and accessing the products and services found there at any time. You do not need to specifically inform Pinoys in NZ when you stop using the site. You acknowledge and agree that in the event that Pinoys in NZ disables access to your account that you may be prevented from accessing our website, your account details or any files or other materials which are contained in your account.
If we decide to amend and/or update our Terms & Conditions, we will post those changes and corresponding modification dates and make them available to be viewed by all.
Modifications to Our website
Pinoys in NZ reserve the right to modify, suspend or discontinue, temporarily or permanently, the website or any service to which it connects, with or without notice and without incurring liability to our users.
Updates to Our website
Pinoys in NZ may from time to time provide enhancements or improvements to the features/ functionality of the website, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").
Updates may modify or delete certain features and/or functionalities of the website. You agree that Pinoys in NZ has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the website to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the website, and (ii) subject to the terms and conditions of this Agreement.
Third-Party Services
We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third- Party Services") that we have not created and do not therefore own.
You acknowledge and agree that Pinoys in NZ shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Pinoys in NZ does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services. While we may remove and refuse to display content that violates the Terms or applicable laws or regulations, doing so does not mean that we monitor the Services or review or screen any content.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
Term and Termination
Access to and use of our website and services shall remain in effect until terminated by you or Pinoys in NZ. We may, in our sole discretion and at any time, temporarily or permanently suspend or terminate your account with or without prior notice or impose limits on or restrict your access to parts or all of the Services at any time, without notice and for any reason, including, but not limited to, violation of these Terms, failure to comply with these Terms, a court order or inactivity. You may also cease to access our website and services on your own account by deleting all your links to the website and all copies thereof from your computer.
Termination will not limit any of Pinoys in NZ 's rights or remedies at law or in equity in case of prior breach by you of these Terms or your obligations under these
Copyright Infringement Notice
If you are a copyright owner or such owner’s agent and believe any material on our website constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) the a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the copyright owner.
Indemnification
You agree to indemnify and hold Pinoys in NZ and its subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) free and harmless from any claim or demand action and claims of negligence - for reasonable attorneys' fees, losses, judgements, costs due to or arising out of your: (a) use of the website; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
No Warranties
The website is provided to you "AS IS" and "AS AVAILABLE" and with any and all possible faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Pinoys in NZ , on its own behalf and on behalf of its affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Pinoys in NZ provides no warranty or undertaking, and makes no representation of any kind that the website will meet your requirements, achieve any intended results, be compatible or work with any other software, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Pinoys in NZ nor any Pinoys in NZ 's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the website, or the information, content, and materials or products included thereon; (ii) that the website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the website; or (iv) that the website, its servers, the content, or e-mails sent from or on behalf of Pinoys in NZ are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on either express or implied warranties or limitations on the applicable statutory rights of a consumer. Pinoys in NZ disclaim any and all express or implied warranties in respect of its website and services to the fullest extent allowable.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of Pinoys in NZ and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the website.
To the maximum extent permitted by applicable law, in no event shall Pinoys in NZ or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the website, third-party software and/or third-party hardware used with the website, or otherwise in connection with any provision of this Agreement), even if Pinoys in NZ or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Severability
If any provision of these Terms & Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
These Terms & Conditions, together with the Privacy Policy and any other legal notices published by Pinoys in NZ on its website and services, shall constitute an agreement and the entire agreement between you and Pinoys in NZ concerning the website and services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Pinoys in NZ’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND Pinoys in NZ AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall a waiver of a breach constitute a waiver of any subsequent breach.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
Amendments to this Agreement
Pinoys in NZ reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Pinoys in NZ .
Entire Agreement
The Agreement constitutes the entire agreement between you and Pinoys in NZ regarding your use of the website and supersedes all prior and contemporaneous written or oral agreements between you and Pinoys in NZ.
You may be subject to additional terms and conditions that apply when you use or purchase other Pinoys in NZ 's services, which Pinoys in NZ will provide to you at the time of such use or purchase.
Updates to Our Terms
We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.
Intellectual Property
The website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Pinoys in NZ , its licensors or other providers of such material and are protected by New Zealand and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Pinoys in NZ, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.
Governing Law
These Terms & Conditions are governed by the laws of New Zealand without regard to its conflict of laws provision. You consent to the exclusive jurisdiction of the courts in connection with any action or dispute arising between the parties under or in connection with these Terms & Conditions. Your use of the website may also be subject to other local, state, national, or international laws.
By using Pinoys in NZ or contacting us directly, you signify your acceptance of these Terms & Conditions. If you do not agree with any of these Terms & Conditions, you should not engage with our website, or use our services. Continued use of the website, direct engagement with us, or following the posting of changes to these Terms & Conditions that do not significantly affect the use or disclosure of your personal information will mean that you accept those changes.
Notice of Dispute
In the event of a dispute, you or Pinoys in NZ must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: admin@pinoys.co.nz. Pinoys in NZ will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and Pinoys in NZ will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Pinoys in NZ may choose to commence the appropriate and available legal action.
Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of any or all legal available action. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.
Submissions and Privacy
In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of Pinoys in NZ without any compensation or credit to you whatsoever. Pinoys in NZ and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.
Promotions
Pinoys in NZ may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules.
Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.
Typographical Errors
In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.
Miscellaneous
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of Pinoys in NZ. Pinoys in NZ will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. Pinoys in NZ operates and controls the Pinoys in NZ Service from its offices in New Zealand. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the Pinoys in NZ Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms & Conditions (which include and incorporate the Pinoys in NZ Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and Pinoys in NZ concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.
Disclaimer
Pinoys in NZ are not responsible for any content, code or any other imprecision or error.
Pinoys in NZ do not provide any warranties or guarantees whatsoever.
In no event shall Pinoys in NZ be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. Pinoys in NZ reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.
The Pinoys in NZ Service and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether express or implied. Pinoys in NZ is a distributor and not a publisher of the content supplied by third parties; as such, Pinoys in NZ exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the Pinoys in NZ website and Service. Without limiting the foregoing, Pinoys in NZ specifically disclaims all warranties and representations in any content transmitted on or in connection with the Pinoys in NZ Service or on sites that may appear as links on the Pinoys in NZ Service, or in the products provided as a part of, or otherwise in connection with, the Pinoys in NZ Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by Pinoys in NZ or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty or supersede these terms. Price and availability information is subject to change without notice. Without limiting the foregoing, Pinoys in NZ does not warrant that the Pinoys in NZ Service will be uninterrupted, uncorrupted, timely, or error-free.
Contact Us
Don't hesitate to contact us if you have any questions.
-Via Email: admin@pinoys.co.nz
-Via Phone Number: +64210391708
-Via this Link: www.pinoys.co.nz
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