Voltrix terms of service
1. Contractual Relationship
1.1. These terms ("Terms") and our Privacy Policy apply to the access and use of Voltrix Limited's website (www.voltrix.co and www.voltrix.nz) ("Website") and the ordering and purchase of products from us through our online store via the Website ("Products").
1.2. In these Terms, "Voltrix", "us", "we" or "our" means Voltrix Limited and "you" and "your" means any person accessing and using the Website or making Product enquiries, orders or purchases, whether as principal or as agent for any other person.
1.3. Please read these Terms carefully before accessing or using our Website. If you do not agree to all Terms, then you must not access the Website. By accessing and/or using the Website and by ordering or purchasing Products, you accept these Terms and our Privacy Policy. We reserve the right to update, change or replace any part of these Terms from time to time upon providing you with [15] days’ notice of any change, and such notice will be posted on the homepage of our Website. We recommend that you check this page periodically for changes to these Terms. Your continued use of or access to the Website following expiry of the notice period constitutes acceptance of those changes.
1.4. By agreeing to these Terms, you represent that if you are in New Zealand you are 18 years of age or over, or at least the age of majority in your country, state or province of residence to be able to enter into a binding agreement in your jurisdiction, or that you are the age of majority in your country, state or province of residence be able to enter into a binding agreement in your jurisdiction and you have given us your consent to allow any of your minor dependents to use this Website, and have all necessary rights, powers and authority to agree to and comply with these Terms and our Privacy Policy.
1.5. Our store is hosted on Webflow. Webflow provides us with the online e-commerce Website that allows us to sell our products and services to you.
1.2. In these Terms, "Voltrix", "us", "we" or "our" means Voltrix Limited and "you" and "your" means any person accessing and using the Website or making Product enquiries, orders or purchases, whether as principal or as agent for any other person.
1.3. Please read these Terms carefully before accessing or using our Website. If you do not agree to all Terms, then you must not access the Website. By accessing and/or using the Website and by ordering or purchasing Products, you accept these Terms and our Privacy Policy. We reserve the right to update, change or replace any part of these Terms from time to time upon providing you with [15] days’ notice of any change, and such notice will be posted on the homepage of our Website. We recommend that you check this page periodically for changes to these Terms. Your continued use of or access to the Website following expiry of the notice period constitutes acceptance of those changes.
1.4. By agreeing to these Terms, you represent that if you are in New Zealand you are 18 years of age or over, or at least the age of majority in your country, state or province of residence to be able to enter into a binding agreement in your jurisdiction, or that you are the age of majority in your country, state or province of residence be able to enter into a binding agreement in your jurisdiction and you have given us your consent to allow any of your minor dependents to use this Website, and have all necessary rights, powers and authority to agree to and comply with these Terms and our Privacy Policy.
1.5. Our store is hosted on Webflow. Webflow provides us with the online e-commerce Website that allows us to sell our products and services to you.
Your Legal Compliance Obligations
By purchasing and using our Products, you acknowledge and agree that you are aware of and will comply with all legal obligations imposed on you in relation to using mopeds or motorbikes on new Zealand roads, including:
1. ensuring that the moped or motorbike is registered and licensed for use on the road;
2. wearing a helmet that is securely fastened and meets a New Zealand approved standard;
3. holding a valid driver's licence;
4. not operating the moped or motorbike while under the influence of drugs or alcohol;
5. ensuring that the moped or motorbike is ridden on the road, and not on any footpath;
6. ensuring that, all times, you affix licence plates to the rear of the moped or motorbike;
7. not using your held mobile phone while riding your moped or motorbike;
8. ensuing the headlamps are turned on whenever you are driving your moped or motorbike;
9. only carrying a passenger if the moped or motorbike has a seat and footrests for the passenger and ensuring that you do not breach any weight limits as determined by the manufacturer; and
1. ensuring that the moped or motorbike is registered and licensed for use on the road;
2. wearing a helmet that is securely fastened and meets a New Zealand approved standard;
3. holding a valid driver's licence;
4. not operating the moped or motorbike while under the influence of drugs or alcohol;
5. ensuring that the moped or motorbike is ridden on the road, and not on any footpath;
6. ensuring that, all times, you affix licence plates to the rear of the moped or motorbike;
7. not using your held mobile phone while riding your moped or motorbike;
8. ensuing the headlamps are turned on whenever you are driving your moped or motorbike;
9. only carrying a passenger if the moped or motorbike has a seat and footrests for the passenger and ensuring that you do not breach any weight limits as determined by the manufacturer; and
ONLINE STORE TERMS OF USE
2. Accounts
2.1. While you can order and purchase Products without creating an account with us ("Account"), to access some of the features of the Website and receive information on our Products and events, you will need to become a registered "Customer" by opening an Account on the Website. We may accept or reject Account/Customer applications in our sole discretion.
2.2 Your Account and the associated username and password is for you only, and are not assignable or transferable to any other person. You must keep your username and password secure and confidential and not disclose them to any other person.
2.3. You are responsible and liable for any and all activities that occur through your Account (including orders placed using your Account) and we are not responsible for any unauthorised activity on your Account, including if you fail to keep your Account login information secure, unless we are deemed to be at fault.
2.4. If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, please Contact Us immediately and take immediate steps to re-secure your Account (including by changing your password).
2.2 Your Account and the associated username and password is for you only, and are not assignable or transferable to any other person. You must keep your username and password secure and confidential and not disclose them to any other person.
2.3. You are responsible and liable for any and all activities that occur through your Account (including orders placed using your Account) and we are not responsible for any unauthorised activity on your Account, including if you fail to keep your Account login information secure, unless we are deemed to be at fault.
2.4. If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, please Contact Us immediately and take immediate steps to re-secure your Account (including by changing your password).
3. Prices
3.1. Our prices for the Products are outlined on our Website. Unless otherwise stated all charges are in New Zealand dollars, inclusive of goods and services taxes (such as GST and VAT (as applicable)), but exclusive of on road costs and freight (where applicable) each of which must be paid by you to us (where applicable) in addition to the price for the Products.
3.2. Where products need to be shipped, we offer specialist transportation to ensure that the Product arrives in as new condition. Costs for any freight will be in addition to the price of the Products. Due to the variable nature of freight costs for different regions of the country, we will provide a quote from one of our service providers during the purchasing process. Please Contact Us if you wish to enquire about freight costs.
3.2. Where products need to be shipped, we offer specialist transportation to ensure that the Product arrives in as new condition. Costs for any freight will be in addition to the price of the Products. Due to the variable nature of freight costs for different regions of the country, we will provide a quote from one of our service providers during the purchasing process. Please Contact Us if you wish to enquire about freight costs.
4. Modification to our Products and Charges
4.1. We may at any time without notice modify the prices or descriptions of our Products and/or modify our Product range, including by adding or discontinuing any Product.
4.2. Only limited quantities of our Products may be available. We may limit the sales of our Products per person or order (or generally) and/or place restrictions or prohibitions or impose additional requirements or costs for deliveries to any area, for a particular distance or generally.
4.2. Only limited quantities of our Products may be available. We may limit the sales of our Products per person or order (or generally) and/or place restrictions or prohibitions or impose additional requirements or costs for deliveries to any area, for a particular distance or generally.
5. Ordering and payment
5.1. When making an order, you must follow the instructions on the Website as to how to make your order and for making changes to your order before you submit it.
5.2. Once an order is submitted it cannot be cancelled and you are bound to pay the price and all other amounts payable under these Terms for the ordered Products, unless we expressly agree otherwise in writing.
5.3. Once you select a Product that you wish to order, irrespective of any previous price you have seen or heard, you will then be shown or told (on the Website) the price you must pay including Goods and Services Tax (“GST”) and any other charges, including any charges you must pay to have the Products delivered (where available and where we agree to do so) to the address provided by you (“Delivery Fees”).
5.4. You must pay for your order in full at the time of placing the order by one of the payment methods we accept on the Website. You must be fully entitled to use the payment method used for purchases. The payment method must have sufficient funds, credit or other payment facilities to cover the purchase. We use the third party payment provider Stripe, Inc. to process payments. To the maximum extent permitted by law, we are not responsible for the decisions of payment providers to allow you to use their service, or provide any warranties or assurances about them. If a particular service is not available to you, you should use another valid payment method.
5.5. Notwithstanding clause 5.4, finance options may be available to you through a third-party finance provider. However, the third party finance will be subject to (among other things) you applying for such finance to the third party finance provider, the third party finance provider approving your application for finance and your continued compliance with the third party finance provider's terms.
5.6. You agree to provide current, complete and accurate purchase information for all purchases made at our store. You agree to promptly update your information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions. Contact Us as needed.
5.7. By making an order, you expressly authorise us, before accepting your order, to perform credit and security checks and, where we feel necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit card number, to validate your credit card, to obtain an initial credit card authorisation, to conduct loss minimisation and anti-fraud measures and to authorise individual purchase transactions.
5.8. You acknowledge that, while we will endeavour to source all Products ordered by you, making and paying for an order does not guarantee the supply of the Products. The Company may reject or cancel any order, in whole or in part, including due to unavailability of stock. We will endeavour to let you know via the Website if we have insufficient stock to fulfil your order. If you provide us with your email address, we will endeavour to contact you when we have stock available.
5.9. If we reject or cancel your order before collection or delivery, we will promptly refund any payment already made by you to your original payment method.
5.2. Once an order is submitted it cannot be cancelled and you are bound to pay the price and all other amounts payable under these Terms for the ordered Products, unless we expressly agree otherwise in writing.
5.3. Once you select a Product that you wish to order, irrespective of any previous price you have seen or heard, you will then be shown or told (on the Website) the price you must pay including Goods and Services Tax (“GST”) and any other charges, including any charges you must pay to have the Products delivered (where available and where we agree to do so) to the address provided by you (“Delivery Fees”).
5.4. You must pay for your order in full at the time of placing the order by one of the payment methods we accept on the Website. You must be fully entitled to use the payment method used for purchases. The payment method must have sufficient funds, credit or other payment facilities to cover the purchase. We use the third party payment provider Stripe, Inc. to process payments. To the maximum extent permitted by law, we are not responsible for the decisions of payment providers to allow you to use their service, or provide any warranties or assurances about them. If a particular service is not available to you, you should use another valid payment method.
5.5. Notwithstanding clause 5.4, finance options may be available to you through a third-party finance provider. However, the third party finance will be subject to (among other things) you applying for such finance to the third party finance provider, the third party finance provider approving your application for finance and your continued compliance with the third party finance provider's terms.
5.6. You agree to provide current, complete and accurate purchase information for all purchases made at our store. You agree to promptly update your information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions. Contact Us as needed.
5.7. By making an order, you expressly authorise us, before accepting your order, to perform credit and security checks and, where we feel necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit card number, to validate your credit card, to obtain an initial credit card authorisation, to conduct loss minimisation and anti-fraud measures and to authorise individual purchase transactions.
5.8. You acknowledge that, while we will endeavour to source all Products ordered by you, making and paying for an order does not guarantee the supply of the Products. The Company may reject or cancel any order, in whole or in part, including due to unavailability of stock. We will endeavour to let you know via the Website if we have insufficient stock to fulfil your order. If you provide us with your email address, we will endeavour to contact you when we have stock available.
5.9. If we reject or cancel your order before collection or delivery, we will promptly refund any payment already made by you to your original payment method.
6. Collection and delivery
6.1. The Products will be made available for collection at our premises, or delivered to the address stated in a confirmed order.
6.2 If Products are to be collected from our premises, you must collect those Products from the address stated in a confirmed order (or on our Website) at the times stated in a confirmed order or as otherwise arranged with us. Collection may not be available at other times.
6.3. If we agree to deliver Products to your requested address, we will endeavour to procure delivery at the time, or within the period, as agreed between us and you, or where no time or period has been agreed between us and you, we will endeavour to procure delivery within a reasonable time.
6.4. If you do not collect the Products within 7 days of the collection date/time stated in a confirmed order or otherwise arranged with us, or immediately take delivery of the Products if we deliver them to your requested address, we may: (a) impose (and you will pay) a storage charge until you collect or take delivery of the Products; and/or (b) cancel the order and refund to you the price you paid for the Products, less our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees and other costs we incur).
6.5. Please note that we will not deliver to any address outside New Zealand and we may not be able to deliver to some locations within New Zealand. If we are unable to deliver to your requested address, we will endeavour to inform you using the contact details that you provided to us when you made your order and arrange for cancellation and refund of the order in accordance with clause 6.4 above, or delivery to or collection from an alternative address.
6.2 If Products are to be collected from our premises, you must collect those Products from the address stated in a confirmed order (or on our Website) at the times stated in a confirmed order or as otherwise arranged with us. Collection may not be available at other times.
6.3. If we agree to deliver Products to your requested address, we will endeavour to procure delivery at the time, or within the period, as agreed between us and you, or where no time or period has been agreed between us and you, we will endeavour to procure delivery within a reasonable time.
6.4. If you do not collect the Products within 7 days of the collection date/time stated in a confirmed order or otherwise arranged with us, or immediately take delivery of the Products if we deliver them to your requested address, we may: (a) impose (and you will pay) a storage charge until you collect or take delivery of the Products; and/or (b) cancel the order and refund to you the price you paid for the Products, less our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees and other costs we incur).
6.5. Please note that we will not deliver to any address outside New Zealand and we may not be able to deliver to some locations within New Zealand. If we are unable to deliver to your requested address, we will endeavour to inform you using the contact details that you provided to us when you made your order and arrange for cancellation and refund of the order in accordance with clause 6.4 above, or delivery to or collection from an alternative address.
7. Returns
7.1. We aim to provide you with high quality Products. If you consider any Products to be defective, please Contact Us as soon as possible so we can guide you through the returns process and help resolve the problem as swiftly as possible.
7.2. In the case of a moped or motorbike, it must not have been ridden. Refunds will not be issued if you have simply changed your mind.
7.3. In order to assist the return process, we require a receipt or proof of purchase and you may be required to send us images of the damage or defect, return the Product to us or otherwise provide further information to support your claim to assist us with our assessment of the Product.
7.4. We will help you to determine the best way for you to return the Product to us. You will be responsible for paying for your own shipping costs for returning the Product to us, except where we are responsible for return costs as outlined in the Consumer Guarantees Act 1993. If you are required to pay shipping costs, the cost of the return shipping will be deducted from your refund.
7.5. If the Product is confirmed to have a minor defect, we will either replace the Product, repair the Product or refund the price of the Product to your original payment method, at our full discretion. If the Product is confirmed to have a major defect, you may decide if you want us to either replace the Product or refund the price of the Product to your original payment method.
7.6. If the Product is found not to have a defect or you otherwise do not have a remedy under the Consumer Guarantees Act 1993, we will contact you to determine whether you want us to dispose of the Product or return the Product to you at your expense.
7.7. It does not constitute a defect if, in our reasonable opinion, the Product quality issue has arisen following the Product being collected by or delivered to you due to fair wear and tear, misuse, alteration or modification, failure to store, handle or use the Product in accordance with manufacturers’ instructions or directions, subjecting the Product to any unusual or non-recommended storage, handling or use or failure to take reasonable care.
7.2. In the case of a moped or motorbike, it must not have been ridden. Refunds will not be issued if you have simply changed your mind.
7.3. In order to assist the return process, we require a receipt or proof of purchase and you may be required to send us images of the damage or defect, return the Product to us or otherwise provide further information to support your claim to assist us with our assessment of the Product.
7.4. We will help you to determine the best way for you to return the Product to us. You will be responsible for paying for your own shipping costs for returning the Product to us, except where we are responsible for return costs as outlined in the Consumer Guarantees Act 1993. If you are required to pay shipping costs, the cost of the return shipping will be deducted from your refund.
7.5. If the Product is confirmed to have a minor defect, we will either replace the Product, repair the Product or refund the price of the Product to your original payment method, at our full discretion. If the Product is confirmed to have a major defect, you may decide if you want us to either replace the Product or refund the price of the Product to your original payment method.
7.6. If the Product is found not to have a defect or you otherwise do not have a remedy under the Consumer Guarantees Act 1993, we will contact you to determine whether you want us to dispose of the Product or return the Product to you at your expense.
7.7. It does not constitute a defect if, in our reasonable opinion, the Product quality issue has arisen following the Product being collected by or delivered to you due to fair wear and tear, misuse, alteration or modification, failure to store, handle or use the Product in accordance with manufacturers’ instructions or directions, subjecting the Product to any unusual or non-recommended storage, handling or use or failure to take reasonable care.
8. Liability
8.1. To the maximum extent permitted by law, our liability to you in connection with these Terms, in contract, tort (including negligence) or otherwise, is limited as follows:
- (a) we will only be liable for direct loss caused by us and suffered by you as a result of you using our Website, including to purchase Products from us, in compliance with these Terms;
- (b) we exclude all other liability and accept no responsibility for any other losses, costs, damages or expenses of any sort whatsoever (whether liability arises in contract, tort (including negligence), equity or by statute or other legislation) including loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, legal, tax or accounting compliance issues, damage to reputation, loss in connection with any other contract, or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense; and
- (c) our maximum aggregate liability arising out of or in connection with the Website, these Terms or the supply of Products, whether in contract, tort (including negligence) or otherwise, will not exceed the price paid by you for the Products the subject of the relevant claim (or $100 if the claim does not concern Products supplied by us to you).
8.2. If, despite the exclusions above, we are liable for any defect in the Products or their supply, our obligations are limited as set out in clause 7.5 above.
8.3. Neither party (Affected Party) will be in default or in breach of these Terms due to any matter that is outside of its reasonable control, including any act of God, strike, lockout or other interference with work, war, blockade, disturbance, lightning, fire, earthquake, storm, flood, explosions, governmental or quasi-governmental restraint, intervention, direction or embargo, sanction or restriction (including export controls), pandemic, epidemic, supply chain disruption or shortage of supply but excluding lack of funds or authority or power on the part of the Affected Party.
8.3. Neither party (Affected Party) will be in default or in breach of these Terms due to any matter that is outside of its reasonable control, including any act of God, strike, lockout or other interference with work, war, blockade, disturbance, lightning, fire, earthquake, storm, flood, explosions, governmental or quasi-governmental restraint, intervention, direction or embargo, sanction or restriction (including export controls), pandemic, epidemic, supply chain disruption or shortage of supply but excluding lack of funds or authority or power on the part of the Affected Party.
Liability – important note:
Nothing this clause 8 (Liability), is intended to exclude, limit or have the effect of contracting out of the Fair Trading Act 1986, and nothing will prevent a party from exercising its rights and remedies under Subpart 3 of Part 2 of the Contract and Commercial Law Act 2017 or the Fair Trading Act 1986
WEBSITE TERMS OF USE
9. Prohibited Uses
9.1. You must not:
- (a) edit or otherwise modify any material on the Website;
- (b) republish or redistribute material from the Website (including republication on another website);
- (c) sell, rent or sub-license material from the Website; or
- (d) reproduce, duplicate, copy or otherwise exploit material from the Website for a commercial purpose.
9.2. We may restrict access to the Website, in whole or in part, at our discretion. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the Website.
9.3. You must not:
- (a) use the Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website or the servers or networks that host the Website;
- (b) use the Website, any material on the Website or any of our community areas, in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- (c) post or transmit any information or material which in any way infringes or violates the rights of others or which is offensive, illegal, defamatory, threatening, invasive of privacy, obscene, discriminatory or otherwise objectionable;
- We may, but are not obliged to, remove any content which we consider is in breach of the above provisions.
- (d) use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- (e) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without our express written consent; or
- (f) access or otherwise interact with the Website using any robot, spider or other automated means.
10. Accessing our Website
10.1. Information about Products on our Website is based on material provided by third party merchants, suppliers and/or product manufacturers. Except as required by law, we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
10.2. We do not warrant that the Products will meet your individual requirements. You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.
10.3. Although efforts are made to ensure material on our Website is current, complete and accurate, to the extent permitted by law:
- (a) content is provided without any guarantees, conditions or warranties, express or implied;
- (b) you should not rely on any information accessed using the Website to make a purchasing decision – you should make your own
- (c) due to photographic and screen limitations associated with the representation of products, some actual Products may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Website;
- (d) we will not be liable for any loss or damage of any kind arising out of, or in connection with, the use of our Website by you, including reliance on any information on our Website by any visitor to our site, or by anyone who may be informed of any of its contents.
10.4. Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate, including after you have submitted your order.
10.5. We have made reasonable efforts to ensure that the Website is free from viruses or other destructive elements. However, to the maximum extent permitted by law, we do not guarantee that the Website will be secure or free from bugs or viruses. You should use your own virus protection software. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website.
10.6. We will not be liable for any loss or damage caused by any technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website it links to.
10.7. We do not warrant that the Website will be available at all times and without disruption. If the need arises, we may suspend access to the Website, or close it indefinitely.
11. Third Party Links
We may provide you with access to third-party links on our Website which are not affiliated with us and as such we neither monitor nor have any control nor input. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You acknowledge and agree that we provide access to such links on an "as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement and use by you of third party websites are entirely at your own risk and discretion. We shall have no liability whatsoever arising from or relating to your use of optional third party links. Please carefully review the third-party's terms, policies and practices and make sure you understand and approve the terms of their service before you engage with the third party. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
12. Indemnification
You indemnify us against all losses, costs (including legal costs), expenses, demands or liability that we incur arising directly out of any third-party claim against us relating to your use of our Website which is in breach of these Terms.
13. Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it (including the Voltrix name and logo), unless otherwise stated. You do not have any rights in or to such intellectual property rights.
14. Privacy
We are committed to respecting your privacy. We will always collect, store, use and disclose personal information in accordance with applicable privacy laws. However, we have also put in place a Privacy Policy to protect your personal information that you submit or we collect.
15. Electronic messages
15.1. E-mail and electronic transmission is a convenient method of delivery. However, internet mail is not secure and any communications or documents transmitted may be interfered with, contain computer viruses or other defects and may not be successfully replicated on other systems. We will not be liable for any copying, recording, reading or interference by others during or after a transmission, for any delay or non-delivery or for any damage caused in connection with a transmission.
15.2. We are committed to full compliance with the Unsolicited Electronic Messages Act 2007. By subscribing to emails and/or text communications, or otherwise providing your email address and/or mobile number, you consent to receiving emails and/or texts (as the case may be) which promote and market our products and services, or the products and services of others, from time to time.
16. Miscellaneous terms
16.1. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
16.2. These Terms are governed by the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand.
16.3. Any waiver or purported or implied waiver by a party of strict compliance with these Terms will not be deemed to be a waiver unless it is in writing and signed by an authorised representative of that party. Any such waiver will not prejudice the rights of the relevant party in respect of any breach of these Terms to which such waiver does not specifically relate.
16.4. These Terms are the entire agreement between the parties and supersedes all other communications, negotiations, arrangements and agreements between the parties whether oral or in writing in connection with the subject matter of this agreement. However, nothing in this agreement is intended to exclude, limit or have the effect of contracting out of the Fair Trading Act 1986, and nothing will prevent a party from exercising its rights and remedies under Subpart 3 of Part 2 of the Contract and Commercial Law Act 2017 or the Fair Trading Act 1986 in relation to representations made by the other party in relation to the Agreement.
Update: The Terms were last updated on 15 November 2022.
Questions: about the Terms of Service should be sent to us at hello@voltrix.co
