WEBSITE TERMS OF USE

  1. APPLICATION OF TERMS
    1.1 These Terms apply to your use of www.gumtreegully.co.nz (“the Website”).
    1.2 You agree to be bound by these terms and conditions.
    1.3 We may amend these terms and conditions from time to time and these changes will be
    deemed to be immediately incorporated into and form part of these Terms. By continuing
    to visit and use our website and purchase our products and services, you will signify your
    agreement to be bound by the amended Terms. We encourage you to read our Terms
    and check back often.
    1.4 These Terms are governed by the laws of New Zealand.
    1.5 If you do not agree to these Terms, you are not authorised to access and use the
    Website, and you must immediately stop doing so.
  2. DEFINITIONS
    In these Terms:
    2.1 Including and similar words do not imply any limit
    2.2 Loss includes loss of profits, savings, revenue or data, and any other claim, damage,
    loss,liability and cost, including legal costs on a solicitor and own client basis
    2.3 Personal information means information about an identifiable, living person
    2.4 Terms means these terms and conditions titled Website Terms of Use
    2.5 We, us or our means Kathy Roscoe trading as Gumtree Gully Alpacas
    2.6 Website means www.gumtreegully.co.nz
    2.7 You means you or, both you and the person on whose behalf you are acting.
  3. ABILITY TO ACCEPT TERMS
    3.1 You affirm that you are either more than 18 years of age, or an emancipated minor, or
    possess legal parental or guardian consent, and are fully able and competent to enter
    into the terms, conditions, obligations, affirmations, representations, and warranties set
    forth in these Terms, and to abide by and comply with these Terms.
  4. PRODUCTS AND SERVICES
    4.1 We offer all services and products as set out on the Website.
    4.2 We reserve the right to amend these prices and our products and services at any time.
    4.3 We will not change the price for a product you have already completed purchase of, or
    for any service which you have already engaged us to provide as long as the service is
    provided to you within 6 months of us providing you with a price for that service.
    4.4 The details of our products and services including duration and content is provided on
    the Website.
    4.5 All items are subject to availability. We will inform you as soon as possible if the products
    you have ordered are not available.
  5. PAYMENT METHODS
    5.1 All services and products purchased through the Website are payable upon purchase
    through our payment system on the Website.
  6. DELIVERY OF ONLINE PRODUCTS AND SERVICES:
    6.1 Delivery will occur upon receipt of payment for all online products.
    6.2 We disclaim all responsibility from failure of any electronic delivery as a result of any
    failure in the network service provider or any network protection system which may block
    delivery.
  7. COLOUR REPRODUCTION
    7.1 Gumtree Gully Alpacas makes every effort to display as accurately as possible the
    colours of our products on this website. However, as monitors differ, we can’t guarantee
    that your monitor’s display of any colour will be accurate.
  8. PRICING
    8.1 All pricing is in New Zealand Dollars. Prices are subject to change without prior
    notification and may differ from other sites, stockists or providers.
  9. BOOKINGS AND CANCELLATION
    9.1 All bookings will not be effective until confirmed in writing by us.
    9.2 If you wish to cancel or reschedule the following fees will apply:
    a. Less than 24 hours notice of cancellation or rescheduling: a cancellation fee equal
    to 50% of the cost of the booking will be payable.
    b. Any deposit paid will be forfeited upon cancellation by you and will be used to
    satisfy the cancellation fee payable (or part thereof).
    9.3 A cancellation fee will apply regardless of whether a deposit has been received.
    9.4 If our service is cancelled by us, no cancellation fee will be payable and you may have
    the option of rescheduling or receiving a refund in full with no deductions or fees
    applicable.
  10. INTELLECTUAL PROPERTY
    10.1 The Website and its content and our products contain intellectual property owned by us,
    including trademarks, copyrights, proprietary information and other intellectual property.
    10.2 You may not modify, publish, transmit, participate in the transfer or sale of, create
    derivative works from, distribute, display, reproduce or perform, or in any way exploit in
    any format whatsoever any of our intellectual property, in whole or in part, without our
    prior written consent.
  11. DISCLAIMERS
    11.1 To the extent permitted by law, we and our licensors have no liability or responsibility to
    you or any other person for any Loss.
    11.2 We make no representation or warranty that the Website is appropriate or available for
    use in all countries or that the content satisfies the laws of all countries. You are
    responsible for ensuring that your access to and use of the Website is not illegal or
    prohibited, and for your own compliance with applicable local laws.
    11.3 It is imperative that all Gumtree Gully Alpacas products are used only in the manner for
    which they are intended, and that care and common sense are used when using
    Gumtree Gully Alpacas products. To the extent permitted by law, Gumtree Gully Alpacas
    does not accept any liability for, and is not responsible for, any damage, loss or injury
    caused by the use or misuse of our products.
    11.4 The Website, our products and all blog articles, resources, tools, and other resources on
    the Website are educational and informational resources only, and are not a substitute
    for any kind of professional or specialist advice. We cannot guarantee the outcome of
    following any recommendations provided and any statements made regarding the
    potential outcomes are expressions of opinion only.
    11.5 By continuing to use and read our website and all blog articles, resources, tools, and
    other resources, and by buying and using our products, you acknowledge that we cannot
    guarantee any particular results, as such outcomes are based on subjective factors that
    are not within our control. Therefore, following any information or recommendations
    provided on our website and in our blog articles, resources, tools, and other resources,
    and using our products, is at your own risk.
  12. LIABILITY
    12.1 To the maximum extent permitted by law:
    a. you access and use the Website at your own risk; and
    b. we are not liable or responsible to you or any other person for any Loss under or in
    connection with these Terms, the Website, or your access and use of (or inability
    to access or use) the Website. This exclusion applies regardless of whether our
    liability or responsibility arises in contract, tort (including negligence), equity,
    breach of statutory duty, or otherwise.
  13. SUSPENSION AND TERMINATION
    13.1 Without prejudice to any other right or remedy available to us, if we consider that you
    have breached these Terms or we otherwise consider it appropriate, we may
    immediately, and without notice, suspend or terminate your access to the Website (or
    any part of it).
    13.2 On suspension or termination, you must immediately cease using the Website and must
    not attempt to gain further access.
  14. GENERAL
    14.1 If we need to contact you, we may do so by email or by posting a notice on the Website.
    You agree that this satisfies all legal requirements in relation to written communications.
    14.2 These Terms, and any dispute relating to these Terms or the Website, are governed by
    and must be interpreted in accordance with the laws of New Zealand. Each party submits
    to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute
    connected with these Terms or the Website.
    14.3 For us to waive a right under these Terms, the waiver must be in writing.
    14.4 Clauses which, by their nature, are intended to survive termination of these Terms,
    including clauses, 10, 11, 12, 14.1, continue in force.
    14.5 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid,
    that part or provision is deemed to be modified to the extent required to remedy the
    illegality, unenforceability or invalidity. If a modification is not possible, the part or
    provision must be treated for all purposes as severed from these Terms. The remainder
    of these Terms will be binding on you.
    14.6 These Terms set out everything agreed by the parties relating to your use of the Website
    and supersede and cancel anything discussed, exchanged or agreed prior to you
    agreeing to these Terms. The parties have not relied on any representation, warranty or
    agreement relating to the Website that is not expressly set out in the Terms, and no such
    representation, warranty or agreement has any effect from the date you agreed to these
    Terms.
  15. FEEDBACK
    15.1 If you have any feedback or a complaint, please contact Kathy Roscoe on 021577789 or
    at info@gumtreegully.co.nz.