Terms of Trade

Website Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

Website Use License

Permission is granted to temporarily download one copy of the materials (information or software) on Boost Promotions web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

• modify or copy the materials;
• use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
• attempt to decompile or reverse engineer any software contained on Boost Promotions web site;
• remove any copyright or other proprietary notations from the materials; or
• transfer the materials to another person or “mirror” the materials on any other server.
• This license shall automatically terminate if you violate any of these restrictions and may be terminated by Boost Promotions at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Website Disclaimer

The materials on Boost Promotions web site are provided “as is”. Boost Promotions makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Boost Promotions does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

Website Limitations

In no event shall Boost Promotions or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Boost Promotions Internet site, even if Boost Promotions or a Boost Promotions authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Website Revisions and Errata

The materials appearing on Boost Promotions web site could include technical, typographical, or photographic errors. Boost Promotions does not warrant that any of the materials on its web site are accurate, complete, or current. Boost Promotions may make changes to the materials contained on its web site at any time without notice. Boost Promotions does not, however, make any commitment to update the materials.

Website Links

Boost Promotions has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Boost Promotions of the site. Use of any such linked web site is at the user’s own risk.

Website Terms of Use Modifications

Boost Promotions may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Website Governing Law

Any claim relating to Boost Promotions web site shall be governed by the laws of New Zealand without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

In General

This agreement sets out the terms that apply to the relationship between you (and “your”) and Boost Promotions Limited (“we”, “us” and “our”), a New Zealand owned business.

If we fail to enforce any of the terms of this agreement, it will not be deemed to be a waiver of any of the rights or obligations we have under this agreement.

If any dispute arises between you and us we must be notified within seven (7) days. If the dispute relates to delivery, then we must be notified within three (3) days. Any product the subject of a claim must not be destroyed or removed from the delivery address until we have inspected the product or waived such right.

If any of these terms are determined to be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining terms will not be affected. This is the entire agreement superseding all prior agreements, representations and warranties. Any instructions we receive from you will be subject to this agreement. On occasions we may outsource (contract out) part of the work required to produce the products and services. You agree to pay for all amounts due in connection with the outsourcing. If required by us, you will store a product in such a way that it can be identified as provided by us.

You agree that all documentation related to this agreement may be served on you by email. Changes to these terms will be published on our website.

Products & Services

Our “Products and services” and “product(s)” means and includes, without limitation, all goods and inventory (whether separate, attached to something or performed work on), services and out of pocket expenses provided to you by us and identified:

in any account, financial agreement, application, order form, packing slip, wholesale list, email, supply request, quote, marketing plan, invoice, statement or other document issued by us to you, which are deemed to be incorporated into and form part of this agreement; or

as ours by marking or a manner of storage enabling them to be identified as ours.

The price for products and services is the cost as agreed between you and us from time to time including all out of pocket expenses. You agree to reasonable changes in the price of products and services at any time. If no price is stated in writing or verbally agreed, the products and services will be deemed to be provided at the cost that we provide those products and services at the time of the transaction.

Warranties

Manufacturer’s warranties apply to products not manufactured by us. If you are in trade, you agree that the Consumer Guarantees Act 1993 does not apply. Subject to any obligation to you under the Consumer Guarantees 1993 and the Carriage of Goods Act 1979, if we are deemed to be liable to you for any loss or damage of any kind, arising from the provision of services to you, including consequential loss, whether suffered or incurred by you or another person or entity and whether in contract or tort or otherwise, then it is agreed by you, that our total liability is limited to the value of the products and services provided to you.

We are not liable for delay or failure to perform our obligations if the cause is beyond our control.