We reserve the right to change these Website Terms at any time. We will notify you of any changes by updating the "last updated" notice on the Website. By continuing to use the Website, you agree to be bound by the amended terms and conditions.
1. Intended Meanings for Certain Words
In these Website Terms, the following words have the meanings set out as follows:
Account means any account you create by registering on the Website;
Affiliated Website means any website (other than the Website) owned and operated by us, our holding company Commerce Group Limited, or any other company in our group;
Content means any software, data, information, pictures, graphics and other materials published or made available on the website, including all third party content and user generated content;
Product Information means the specific information relating to a Product set out on the Product Page;
Product Order means your Request (or that part of your Request) we confirm as accepted;
Product Page means the relevant page of the Website on which a specific Product is promoted;
Products means the goods and / or services being offered by us and promoted through the Website or Affiliated Website;
Request means the order placed by you for the relevant Product(s) in the Shopping Cart;
Shopping Cart means the purchase section of the Website displaying the Product(s) that you intend to purchase;
Third Party Information means information (other than Product Information) on the Website or Affiliated Website, including data, news, research, statistics stories, photographs, opinions and information;
user means any user of the Website;
we, us, our and Toys.co.nz are a reference to Toys.co.nz Limited;
Website means this website www.toys.co.nz; and
you and your are a reference to you.
2. Creating an Account
We may offer you the ability to create an Account in order to access some of the features of the Website and make it easier to shop with us. When creating an Account you must provide accurate and complete information. You don’t require an Account to make purchases through the Website.
3. Conduct of Users
3.1 In using the Website you acknowledge and agree that you will not do any of the following:
- post or transmit any Content that is or is reasonably likely to be defamatory, offensive, upsetting, obscene, false, misleading, unsuitable for persons under the age of 18 years, or which would reasonably be considered to be in any way objectionable;
- abuse, harass, stalk, threaten, breach the confidence of or otherwise violate the rights (such as rights of privacy and publicity) of others;
- post or transmit Content that infringes the intellectual property rights of any person;
- hack or attempt to hack into any part of the Website, or post or transmit any Content that contains any virus or other destructive component;
- commit or encourage a criminal offence, or post or transmit any Content that is prohibited by or violates any applicable law or regulation;
- post or transmit any unsolicited advertising, promotional materials or any other forms of solicitation, unless expressly authorised by us; or
- otherwise breach Our Terms.
3.2 You may not extract or re-use any Content or any part of the Website without our express written consent. In particular, you may not use any data mining, robots, or similar tools to extract (whether once or many times) any Content or any part of the Website, without our express written consent. You may not create or publish your own database or site that features substantial parts of any Content of the Website (e.g. prices and product listings) without our express written consent.
3.4 You may opt out of receiving communications from us at any time by using the unsubscribe link or following the relevant instructions.
3.5 You or we have the right to immediately terminate an Account at any time. Unless you have breached Our Terms, termination of your Account will not cancel or invalidate any existing valid Product Order.
3.6 You must ensure that any username and password for your Account is kept secure and confidential and not revealed to any other person. Any instruction issued using your username or password will be deemed to be an instruction by you and we may act on it accordingly.
3.7 You agree to notify us immediately of any unauthorised use of your username or password or any other breach of security and we will cease to rely on that username and password and may issue you with a new username and password.
3.8 Where you have an Account, we may prepopulate certain fields of a Request. You acknowledge and agree that you will ensure all details in any Request are correct and if your details change you will notify us promptly by updating your details.
4. Dispute Resolution
Where any dispute arises between you and another user of the Website in relation to any usage of the Website (including in relation to any Content posted or transmitted) you agree to act in good faith in relation to that other user and use your best endeavours to resolve the dispute amicably through negotiation or other informal means before pursuing any further formal action. You acknowledge that we will not be a party to any such dispute.
5. Rights and responsibilities
5.1 You agree to meet all reasonable costs, losses, expenses and damages incurred by us arising out of:
- reasonable reliance by us upon any acts carried out, requests made or information provided by you on the Website (including through the use of your Account); and
- any conduct of yours or any transaction entered into by you that does not comply with relevant law.
5.2 You acknowledge and agree that the Website is provided to you on an “as-is” basis and we make no warranties that the Website will meet your requirements or that the Website will operate on all types of devices, uninterrupted, securely or error–free.
5.3 Nothing in this clause is intended to restrict your rights in relation to any purchase you make through the Site. These rights are set out in the Sale Terms.
6. Intellectual Property
You acknowledge that any Content displayed or made available through the Website is our exclusive property or used and/or displayed by us with the express permission of the owner. No Content may be reproduced, published or transmitted without our prior written consent. Copyright, trade mark or other intellectual property right infringement may result in civil and/or criminal penalties.
7. Privacy and Personal Information
The Website may include links to other websites. We do not own or control linked websites other than the Affiliated Websites. If you visit a linked website the terms of that website will apply. Any dealing in relation to a website not owned by us (“Third Party Website”) will be solely between you and the owner of that Third Party Website. A link to a Third Party Website from this Website does not imply our endorsement of the Third Party Website or any product or service being advertised, promoted or offered on the Third Party Website or any association with the operators of the Third Party Website unless this is specifically stated on this Website.
9. Our responsibility for losses suffered by you
9.1 We are only responsible to you for foreseeable loss and damage caused directly by us. If we fail to comply with these Website Terms, we are responsible for loss or damage you suffer that is a direct and foreseeable result of that failure, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
9.2 In any event, our total liability to you under Our Terms will be limited to the value of the relevant Product you have purchased from us, or $1000, whichever figure is greater.
10. Reliance on Information
You agree and acknowledge that where the Website sets out Third Party Information, such Third Party Information is being made available by us as a free service. While we will not knowingly provide incorrect information we may not be able to verify all Third Party Information on the Website, and so you should not rely on it without first making your own enquiries. We do not guarantee or certify the accuracy of the Third Party Information. Any reliance on Third Party Information is at your own risk.
11.1 If any portion of these Website Terms is deemed to be invalid, illegal or unenforceable the remaining provisions will remain in full force and effect.
11.2 These Website Terms are governed by, and will be construed in accordance with, the laws of New Zealand and you submit to the jurisdiction of the courts of New Zealand.
11.3 If you have any questions or concerns in relation to the Website or Our Terms please contact us.
12. Sign up promotion terms and conditions
12.1 Valid for new Toys.co.nz sign ups only, customer must still be signed up when the prize is drawn
12.2 Limit one entry per person
12.3 Promotion last's until 11.59pm 30 November 2017
12.4 Staff of Toys.co.nz, Commerce Group, associated companies, and their families are not eligible for this offer.
12.5 In respect of your privacy: any personal information you provide will be held confidentially by Toys.co.nz and may be used to send offers we think may be of interest to you, in accordance with our general terms and conditions above.