1. Agreement
| 1.1 | Before you buy products from the Website please read the Terms and Conditions below. Your use of the Website is subject to the Terms and Conditions and all applicable laws. By visiting or shopping at the Website you accept and agree to the Terms and Conditions. |
| 1.2 | OUSA may modify alter or otherwise update the Terms and Conditions, the Website and our policies, at any time, with or without notice to you. Such amendments will be effective immediately upon the posting of the amended Terms and Conditions on the Website. It is up to you to keep up to date with the Terms and Conditions. |
| 1.3 | If any of part of the Terms and Conditions are deemed invalid, void, or for any reason unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of any remaining parts of the Terms and Conditions. |
2. Communications with You
| 2.1 | All our communications with you will be via email. You must provide an email address with your online order. |
| 2.2 | You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing. |
3. Your Obligations
| 3.1 | You may use the Website and the information contained within it for your own personal and non-commercial reference only. You agree to access and use the Website solely for the purpose of conducting transactions with OUSA in accordance with the Terms and Conditions and not misuse the Website in any way. You agree to conduct transactions in accordance with the instructions on this Website. |
| 3.2 | You agree that you will not hack into the Website nor employ any robot, spider or other device or process to use the Website for any unauthorised purposes. |
| 3.3 | You agree that you will not take any action that imposes an unreasonably large burden on the Website. You agree not to use or allow the Site to be used for abusive or obscene messages, fraudulent and other malicious acts. |
| 3.4 | You agree that you will not link to the Website under any circumstance without the express permission of the President or General Manager of OUSA. Links to other websites are provided for your information. We are not responsible for and accept no liability for any loss caused as a result of any information or the content or privacy practices of any linked website which is not owned and maintained by us. |
| 3.5 | If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. |
| 3.6 | Any breaches of the obligations set out in clause 3 or of other provisions in the Terms and Conditions may result in our referring you to law enforcement authorities or suing you for breach of the Terms and Conditions. We may also cease to provide any further services to you. |
4. Products for Sale
| 4.1 | All products advertised on the Website are sold subject to availability as we only designate a certain number of products for sales made via the Website. If a particular product is out of stock, we cannot guarantee that we will get the product back in stock. We will endeavour to contact you so you can choose between selecting an alternative product, receiving a refund on the particular product by using your original payment method or having the product delivered if it is due to come back in stock. |
| 4.2 | While we take the utmost care to ensure that the Website, product descriptions, images information and prices are accurate we do not accept liability for any inaccuracies, error or omissions. Colours may vary slightly from those shown on the Website due to the limitations of internet technology. |
| 4.3 | We reserve the right to sell some of our products to OUSA members only. |
5. Discounts on Products
| 5.1 | Some products for sale on the Website are available at a discounted rate for certain categories of customers (including, but not limited to, OUSA members and Radio One Cardholders). |
| 5.2 | If discount(s) apply to a product, such discount(s) will be specified on the Website. Where required by us, you must supply proof of your entitlement to such discount(s), for example, your OUSA membership number or your Radio One Cardholder number. |
| 5.3 | When you place an order for a product to which discount(s) apply, you must make sure you order that product for the discounted price that applies to you. OUSA will not refund if you choose the wrong product price although we reserve the right to require you to pay more if you are not entitled to the discounted price. We may not make the product available to you until the correct price has been paid. |
6. Restrictions on Products
| 6.1 | Some products for sale on the Website are sold subject to restrictions. For example, under New Zealand law, alcoholic beverages can only be sold to persons over the age of 18 years. This means that there may be age restrictions on our sale of tickets to gigs where alcohol may be served. |
| 6.2 | If restrictions apply to a product, such restrictions will be specified on the Website. You will be deemed to agree to that restriction when you order such a product. OUSA will consequently not be held responsible or liable for any loss you may suffer in respect of the product due to you not meeting the requirements of the relevant restriction. For example, OUSA will not be held responsible or liable if you are refused entry to gig due to you being under 18 years of age or not having the necessary identification. |
7. Pricing
| 7.1 | All prices are in New Zealand dollars ($NZ) and include GST (12.5% sales tax). All prices are correct at the time of posting the Terms and Conditions, however we reserve the right to alter prices for any reason. If this should happen after you have ordered a product, we will contact you prior to processing your order. |
8. Payment Method
| 8.1 | You may order on line using a Visa or Mastercard credit card that has been issued by a New Zealand trading bank. Your credit card is charged at the time you place your order. |
| 8.2 | If your credit card details are invalid or the financial institution responsible for your credit card does not approve the purchase transaction, we will contact you. We may stop delivery until payment is made. You can authorise us to debit your credit card again, or, if you are the authorised holder of another eligible credit card, you may enter the new credit card details and ask us to debit your alternative credit card. We cannot re-try your credit card for you without your authorisation. |
9. Delivery/Collection of Product
| 9.1 | When you order products, you may choose to:
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| 9.2 | We aim to process your order as quickly as possible but you must allow adequate time for collection or delivery of your products. |
10. Overseas Delivery Restrictions
| 10.1 | We do not generally deliver to locations outside of New Zealand. If you require delivery outside New Zealand please contact us at ousa@ousa.org.nz to discuss your requirements. We cannot guarantee we will be able to deliver to your requested destination. |
| 10.2 | Any arrangement we make about delivering overseas may incur additional postage charges. For orders delivered to destinations outside New Zealand the prices exclude GST, Value Added Tax (VAT) and any other taxes specific to the destination country. Orders to destinations outside New Zealand may be subject to local sales tax and/or import duty and customers remain liable for payment of these taxes or duties on or following delivery. |
11. Changes to Orders
| 11.1 | If we agree, you may cancel all or part of your order, provided there are extenuating circumstances and you contact us before you receive the email notification from us that your order has been processed. If you would like to cancel or update your order please tell us via the email at ousa@ousa.org.nz. |
| 11.2 | We reserve the right to cancel an order even if it has been paid for by you. This will only happen if demand exceeds our ability to supply the product/s or if products need to be recalled for any reason. We will refund the purchase price using the original payment method. |
12. Consumer Guarantees Act/Refunds/Exchanges
| 12.1 | We are happy to meet our obligations under the Consumer Guarantees Act 1993 and will refund, or exchange a product if we are required to under that Act. Nothing in the Terms and Conditions is intended to limit your rights under that Act. However, to the extent permitted by law we provide this website and the items for sale on an "as is" basis and make no representations or warranties of any kind as to the accuracy, completeness, satisfactory quality or suitability for any purpose of the items contained on the website. |
| 12.2 | Please contact us via email at ousa@ousa.org.nz to discuss any issues you may have with products relating to the Consumer Guarantees Act 1993. If for any reason you are not completely satisfied with a product, please return it to us in original condition within 14 days of receipt and we will, at our discretion, either replace it or refund your purchase price using the original payment method. |
| 12.3 | Products can be returned by post to the address shown on your invoice or you can return them to the OUSA main office on the University of Otago campus. Please affix postage to your package and send it to the address shown on your invoice. Your postage charges on returns are not refundable. When you return items, please retain proof of posting. If you return an item, and reorder another item, the second item will be charged at the standard delivery rate. |
| 12.4 | To the extent permitted by law, we do not accept responsibility for damage caused to products once they have been dispatched to you for delivery purposes or once they have been collected by you. |
13. Privacy
| 13.1 | When you order, we need to know your name, delivery address, credit card number and expiration date to allow us to process and fulfil your orders. By providing us with your email address we will also be able to notify you of your order status and give you other communications. |
| 13.2 | We are committed to protecting your privacy. The information we receive from you is used to process orders and to provide you with a more personalised shopping experience. This means your information will not be sold or otherwise divulged to third parties without your consent. |
| 13.3 | Where we believe you are in breach of the Terms and Conditions of this site we reserve the right to divulge information about you to the relevant authorities or parties. |
| 13.4 | By using the Website, you consent to the information you give to us being used for any of the purposes explained above. |
14. Intellectual Property
| 14.1 | We own all proprietary and intellectual property rights in the Website including (without limitation) text, images, graphics, layout, look and feel, the software and other material underlying and forming part of the services available on the Website. |
| 14.2 | The Website is for your personal non-commercial use only. You agree not to copy, reproduce, republish, upload, post, transmit, distribute, store (including, without limitation, in electronic form) or modify any part of the Website, whether in text, graphical, audio, video or executable form, except with the express prior written permission of OUSA. All rights not expressly granted in the Terms and Conditions are reserved to OUSA. |
15. Applicable Laws
| 15.1 | The Terms and Conditions will be construed under the laws of New Zealand and subject to the exclusive jurisdiction of the New Zealand courts. If you bring any action under or in connection with the Terms and Conditions, you must do so in New Zealand courts. |
16. Liability
| 16.1 | You acknowledge that the Website and all material and information contained in this site is provided to you on an "as is" basis and to the extent permissible by law, all warranties, including implied warranties are excluded by us. We give no assurance and accept no responsibility in respect of your use of the Website or use or reliance on material contained in the Website. |
| 16.2 | We are not responsible for ensuring that the information that you access or make available through this site will be secure or free from viruses or other harmful things. |
| 16.3 | We exclude any liability we may have to you relating to your use of the Website or products purchased from us, unless otherwise stated in the Terms and Conditions. This exclusion applies whatever you are claiming for and however liability arises or might arise if it were not for this clause. In the event that this exclusion of liability was found to be unenforceable, then we limit our liability to you to the purchase price of any items purchased by you from the Website. |
| 16.4 | You agree to indemnify and agree to keep us indemnified against any loss suffered or liability incurred arising directly or indirectly out of any breach by you of the Terms and Conditions. |
| 16.5 | We will not be responsible for failure to fulfil our obligations under the Terms and Conditions due to force majeure or any matter or thing reasonably beyond our control. |
17. Availability of the Website
| 17.1 | We do not and cannot guarantee availability of the Website and services or that there will be no interruptions or delays in relation to the Website or services. We may at any time and without notice:
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18. Assignment
| 18.1 | We may assign this agreement or any benefit or obligation of it to any person. You may not assign any benefit or obligation to any other person without our written consent. |
19. Definitions
| 19.1 |
In the Terms and Conditions unless the context otherwise requires, the following expressions have the following meanings:
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