Terms of Use

TERMS of USE:

These are the Terms and Conditions of business and use when dealing with Supporter Management Limited, and employees of this Company, either as a Member or a Supporter.

The company warrants that it is acting on behalf of the Members listed on the website and is authorised by an officer of the Member organisation (or where the Member is an individual by the individual or authorised representative) listed on the website to conduct business by way of fundraising for the Member organisation. The officers of the Member organisations (or where the Member is an individual by the individual or authorised representative) have indemnified the company against any losses incurred by the Member organisations if they are not duly authorised or funds transmitted are not dealt with in accordance with the rules of the Member organisation or in accordance with the fundraising reasons stated on the company website.

 

Definitions:

"Company" means Supporter Management Limited and includes all employees, shareholders, and directors.

"Delivery Point" means the point where you have indicated the goods purchased are to be delivered. It may also include an outside area of the premises, such as the Supporters front door, or any particular outside area specified by the Supporter on a particular product order form. If the premises are a multi-level building, the Delivery Point shall be located on the ground floor of such building. For Supporters who live rural, the delivery point may not be the residence stated although every endeavour to deliver the products to you in person will be made and a signature required as proof of delivery.

"Courier & Packing" means the fee you as the Supporter must pay to have your order picked, packed, and delivered and may also be referred to as "delivery fee".

"GST" means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985.

"Intellectual Property" means all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trademark or copyright, and whether or not registered or registerable by any means, and the right to file an application for registration thereof.

"Member" is any Member organisation linked to the Company's website to fundraise for any specific or general purpose.

"Products" means the products for sale in the www.supporter.co.nz website Online Shopping.

"Supporter" is you and any person who purchases products under your name, and, as the context requires, includes any person browsing www.supporter.co.nz through your login and/or name.

 

Use of the Company Online Shopping subject to terms and conditions

Your access to, and use of, Supporter Management Limited's Online Shopping is subject to the following terms and conditions. By using the company for Online Shopping you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them. Orders placed through the company Online Shopping constitute legal offers to purchase, and are capable of being accepted by the company without any further reference to the Supporter.

 

Terms and conditions to prevail

These terms and conditions shall prevail over any other document purporting to have a contractual effect.

 

The company has absolute discretion to accept Member or Supporter registrations

The company has the absolute discretion to refuse the registration application of a Supporter or Member for any reason whatsoever and need not give any reason for any a registration being declined.

 

The company has discretion to accept orders

The company has the absolute discretion as to whether an order placed on its website is accepted and fulfilled. The company may cancel an order for any reason whatsoever.  Supporters are liable for every order made under their name.

 

Registration and access costs

No costs are payable to register to become a Member or a Supporter of the company for the Online Shopping, but Supporters are responsible for any costs incurred in using the company Online Shopping, including any charges imposed by their internet service provider.

 

Suspension or termination

The company may, at its absolute discretion, suspend or terminate the ability of any Member or Supporter to purchase products through the company Online Shopping website for any reason whatsoever. The company may also terminate a Member website for any reason whatsoever without reference to the Member and the Member has no right of redress for any damages caused.

 

Trading hours

An order submitted by a Supporter on every day of the working week will be fulfilled and shipped within 24 hours of the receipt of the order. Public and statutory holidays, and weekends are excluded from the working week.  The website is operational 24 hours a day every day of the year to place orders.

 

 

 

Security of information

The company shall use reasonable endeavours to prevent any unauthorised entry into the Members Online Shopping area. However, the company and the company will not be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access.

 

The company Online Shopping site is safe

Safe technology systems - the company Online Shopping site uses an internationally recognised encryption protocol to encrypt all personal data that you type into our site before it travels across the Internet. Once we receive your data it is stored on a secure server behind firewalls, so that your personal details are not accessible from the Internet by any third party.

 

Site content

While the company has endeavoured to ensure that the information provided on the company Online Shopping site is free from error, the company does not warrant its accuracy, adequacy or completeness, and the company shall not be responsible or liable for any error in, or omission from, the information provided on the company Online Shopping site.

 

Use of the site

The Supporters and Members agree not to use the company Online Shopping site for any purpose that is unlawful or prohibited by these terms and conditions or by New Zealand law. Supporters may download the information on the company Online Shopping site for their own personal use but otherwise neither the company Online Shopping site, nor any material on it, may be altered, modified, reproduced, transmitted or distributed without the company's prior written consent. The Supporters and Members agree that it will not interfere with any other party's use and enjoyment of the company Online Shopping site, or damage the operation of the company Online Shopping site, or the company's systems or those of other persons who use the company's Online Shopping site, whether by way of a virus, corrupted file, any other software or program, or otherwise.

 

Pricing

The Supporter shall pay the company for the products ordered at the price displayed at the time the order is submitted. No adjustments are made if the price of any product ordered increases or decreases between the time the order is submitted and the time when that product is delivered.

Prices and specials available on the company Online Shopping site may not necessarily remain constant over time.

The company may vary the prices of the products at any time without notice.

 

Currency and GST

The prices of Products are displayed in New Zealand currency and are inclusive of GST.

 

Delivery/Courier fee

In addition to the price of products ordered, the Supporter shall pay the company a courier fee. This fee covers the costs associated with picking, packing and the delivery of your order. The fee shall be identified and included in the total price at the point of checkout. The company may change this fee at any time.

If the company chooses to adjust the fee, the Supporter will be contacted prior to the order being dispatched to confirm acceptance of the revised fee. Deliveries of such orders will not be made unless and until this confirmation is obtained. The company shall not be liable to the Supporter for any delivery delays resulting from the need to obtain approval of the revised fee prior to delivery.

 

Adjustments to price

The Supporter will be notified of any adjustments made to the total price of their order on the invoice, which will accompany the purchased products on delivery.

 

Product availability and Specials

Every effort will be made to fulfil orders placed with the company Online Shopping site, but the company shall not be liable to any person if the company is unable to supply a product for any reason whatsoever.  The company reserves the right to limit quantities able to be ordered by, or delivered to, Supporters. If a Supporter's order is reduced in accordance with this clause, the price payable by the Supporter for that order will be adjusted accordingly.  The company may delay dispatch of orders due to stock unavailability.  Specials are subject to availability while stocks last. The company's Online Shopping site does not allow back orders for specials that are out of stock.

 

Product quality

If the company agrees that a product was delivered to a Supporter in a damaged condition, the company shall, at the request of the Supporter, refund the value of the relevant product to the Supporter (as at the date on which the product was originally ordered).

 

Product substitution

No product substitution will be made by the company to complete an order without the authorisation of the Supporter.  The Supporter will be contacted should the company, for any reason, not be in a position to supply any particular product.

 

Method of Payment

Supporters must pay the company for the products purchased by direct credit or by credit card. The company's Online Shopping site does not accept EFTPOS, cash, cheque, voucher or any other form of payment.

 

Payment by credit card

If their financial institution declines a Supporter's credit card, delivery of the relevant order will not be made, and the company will contact the Supporter to make alternative payment arrangements.  The company reserves the right to refuse to accept payment from any particular Supporter by credit card for any reason whatsoever.

 

Adjustments

If a Supporter is invoiced an incorrect amount for any product ordered, the company shall be paid by, or refund to, the Supporter the necessary adjustment amount to reflect the correct amount which should have been invoiced.

 

Debt collection

The Supporter is liable for all costs associated with debt collection where the Supporter defaults in payment for any order.

 

Change to payment policy

The company may change at any time the way in which a Supporter pays for products, and any change will be notified to the Supporter prior to the change coming into effect.

 

Delivery areas

Certain remote areas in New Zealand may not be accessible by the courier company.  In such instances the courier company will make their best endeavours to deliver the product to the closest possible collection point.

 

Right to withhold delivery

The company reserves the right to withhold the delivery of any products to a Supporter for any reason whatsoever.

 

Delivery and liability

Deliveries will be made to the Delivery Address specified in the order. If the courier brings the products inside the Premises, beyond the Delivery Point, at the request of the Supporter, or other person accepting delivery of the products on behalf of the Supporter, whether on any particular premises, beyond the Delivery Point, at the request of the Supporter, or other person accepting delivery of the products on behalf of the Supporter, whether on any particular occasion or pursuant to a standing instruction or request, the company shall not be liable for any direct or indirect damage or loss (including in negligence) suffered by the Supporter or any third party in doing so. In addition, the Supporter indemnifies the company for any direct or indirect damage or loss (including in negligence) that that Member incurs in connection with any third party claim arising out of or in connection with any deliveries brought beyond the Delivery Point.

The company shall be entitled to assume that any person accepting delivery of the products is authorised to do so on behalf of the Supporter.

 

Accessibility and safety

Supporters shall ensure that their Delivery Point is easily accessible to the company's couriers, and that it is safe for those couriers to enter the Supporter's premises in order to complete the delivery. If in the courier's opinion the Delivery Point is not easily accessible, or it is unsafe to deliver the products, the delivery will not be made, and the Supporter will be contacted to make alternative arrangements. The company reserves the right to charge Supporters an additional fee in respect of any deliveries repeated in accordance with this clause. If alternative arrangements acceptable to the company are not reached, the Supporter will be deemed to have cancelled the order, and will incur a $20 cancellation fee.

 

Change of address

The Supporter shall notify the company Supporter Care Centre (0800-270 370) immediately of a change to their delivery address.

 

Delays to delivery

Notwithstanding any other term, the company shall be liable for failure to deliver on a timely basis, whether the delay has been due to causes beyond the control of the company or otherwise.

If the company considers that the delivery of a Supporter's order is likely to be substantially delayed, the company may, but shall not be obliged to, contact the Supporter to arrange an alternative delivery timeframe. If that timeframe is unacceptable to the Supporter, the Supporter may cancel the order, without incurring any fee for doing so.

 

Delivery deemed to have taken place

It is the policy of the Company to obtain a signature to confirm delivery of the Products but failure to obtain a signature shall not make the Company liable in disputes surrounding the delivery of the Products.  A claim process for products not received is available and contact should be made with our Supporter Care Centre on (0800 270 370).  Subject to any above clause, if no person is present at the Delivery Point at the time of delivery, or the Supporter or any other person fails or refuses to take delivery of the products, the courier will retain the products and advise where these can be collected.  At that point the products are deemed to have been delivered.

 

Incorrectly or undelivered Products

If any product delivered does not correspond with a product ordered, the Supporter may:

(a) keep the incorrectly-delivered product, in which case no adjustment will be made to the payment due from the Supporter for the order containing the incorrect product; or

(b) reject the incorrectly-delivered product, in which case the company will, at the request of the Supporter, either replace that product with the product that was originally ordered, or refund the value of the product that was originally ordered (as at the date on which the product was ordered).  If a Supporter chooses to reject an incorrectly delivered product in accordance with sub-clause (b), the company reserves the right to collect the incorrectly delivered product from the Supporter. If the Supporter is unable, or refuses, to deliver up the product when requested, the company reserves the right to charge the Supporter for that product.  If a Supporter has been charged for a product that has not been delivered, if the product is in stock, the company will, at the request of the Supporter, re-deliver that product at no extra charge to the Supporter. Alternatively, the Supporter may cancel the order of such product (or if the product is out of stock the company may cancel the order for that product) (in each case without incurring any cancellation fee), and the company will refund the value of the relevant product (as at the date on which the product was ordered).

 

Variation/cancellation of order

The Supporter may vary or cancel the order up to the point in time that the company has commenced packing the order by contacting the Supporter Care Centre 0800 270 370. If the Supporter wishes to cancel the order after the order has been packed, the Supporter will incur a $20 cancellation fee.

 

Property and Risk

Property and risk in the products shall pass to the Supporter on delivery to the Delivery Point.

 

Warranties

All representations, terms, warranties, guarantees, or conditions whether implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions of merchantability and/or fitness for a particular purpose, tolerance to any conditions or similarity to sample are excluded to the fullest extent permitted by law. The Supporter acknowledges that the Supporter does not rely on any representation or statement made by or on behalf of the company other than the express provisions of these terms and conditions. The Supporter shall ensure that the products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the products. The Supporter expressly acknowledges and agrees that the company assumes no obligation or liability for any advice given, and that all such products are accepted by the Supporter entirely at the Supporter's risk.

 

Liability and Indemnity

The liability of the company whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in, or non-compliance of, a product or any other breach of the company's obligations hereunder shall not in any event exceed an amount equivalent to the price of the relevant product.

 

No liability for indirect loss and Indemnity

The company shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to the Supporter's use of, or inability to use, the company's Online Shopping site, or the delivery or failure to deliver any products.  Notwithstanding any other term, the Supporter agrees to indemnify the company against all liabilities, losses, claims and expenses suffered or incurred by the company, and all claims and demands made against the company, arising directly or indirectly out of the Supporter's use of the company's Online Shopping site for any breach of these terms and conditions.

 

Intellectual Property

All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to the company's Online Shopping site and its contents is owned by, and shall at all times remain the exclusive property of the company its licensors and the providers of any other products and services accessible through the company Online Shopping site, and is protected by New Zealand and international law. Nothing in these terms and conditions shall constitute any licence of intellectual property rights to the Supporter or Member.

 

Force Majeure

If the performance by the company of its obligations under these terms and conditions is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit, electricity or communications failures, or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of the company) the company shall be excused from such performance to the extent of such prevention.

 

Privacy Act, Collection of information and Storage of Personal Information

The company Online Shopping site contains applications, which collect personal information about the Supporter. The company will only use this information to the extent authorised by the Supporter, and will only disclose it in the manner set out below.

In using the company's Online Shopping site the Supporter authorises the company to collect, retain and use their personal information for the purposes of:

(a) processing the Supporter's order;

(b) assessing the Supporter's credit-worthiness;

(c) undertaking any dealings or transactions with the Supporter;

(d) enforcing any legal or other rights the company may have against the Supporter in any manner that the company sees fit;

(e) sending the Supporter any advertising or promotional material; and

(f) enhancing the company Online Shopping site so that the company may offer you a better, more personalised service.

(g) forwarding your name and address details to the Member organisation only when specifically authorised for this to happen.

The company has taken many steps, from both technical and systems perspectives, to ensure that Supporters' information is well protected. However it is important that Supporters remember to never share their personal information with any other person.

While the company endeavours to keep the Supporter's personal information collected on the company's Online Shopping site secure and confidential, the company shall not be responsible for any breach of security caused by third parties, nor represents that the company's Online Shopping is completely secure.  The company may retain any personal information supplied by the Supporter until such time as the Supporter requests that the information be removed.

 

Supporter's rights of access

The Supporter has the right under the Privacy Act 1993 to access and request to update and/or correct their personal information held by the company. The Supporter agrees to pay the company the reasonable charges requested by the company in relation to time and attendances involved in complying with the Supporter's request in this regard.  Access to a Supporter's personal information held by the company is available to the Supporter in the login area of the company's Online Shopping site. The Supporter can request a change to this information by telephoning a company Supporter Care Representative on 800-270 370.

 

Consumer Guarantees Act

The Supporter acknowledges that where the products are ordered for business purposes (as the term "business" is defined in the Consumer Guarantees Act 1993 ("CGA")), the provisions of the CGA shall not apply to the sale of the products by the company.

The Supporter agrees that nothing in these terms and conditions is intended to have the effect of contracting out of the provisions of the CGA except to the extent permitted by the CGA, and all provisions of these terms and conditions shall be read as modified to the extent necessary to give effect to that intention.

 

Governing Law

New Zealand law governs the use of the company's Online Shopping site and these terms and conditions.