{"id":795,"date":"2018-05-18T11:41:43","date_gmt":"2018-05-18T11:41:43","guid":{"rendered":"https:\/\/themedemo.commercegurus.com\/shoptimizer\/?page_id=795"},"modified":"2021-06-03T08:25:49","modified_gmt":"2021-06-02T20:25:49","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/www.miaw.co.nz\/zh\/terms-and-conditions\/","title":{"rendered":"Terms and conditions"},"content":{"rendered":"
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Terms and Conditions Miaw Limited<\/h2>\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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1.\u00a0 \u00a0 Website<\/strong><\/h3>

a)\u00a0\u00a0\u00a0\u00a0 Site:<\/strong> This website [https:\/\/www.miaw.co.nz] (the Website) is operated by MIAW Limited.\u00a0<\/p>

b)\u00a0\u00a0\u00a0 Agreement to be bound:<\/strong>\u00a0\u00a0These membership terms and website terms of use (Terms) and our\u00a0Privacy Policy<\/a>\u00a0apply to all users of our Website, whether as a Member or as a visitor.<\/p>

c)\u00a0\u00a0\u00a0\u00a0 Not agree:<\/strong>\u00a0\u00a0If you do not agree to be bound by these Terms and the Privacy Policy, then you must stop browsing, accessing or using the Website.<\/p>

2.\u00a0 Defined Words<\/h3>

\u00a0In these Terms, the following words have these meanings:
\u201cAffiliated Website\u201d<\/strong> means any website (other than the Website) owned or operated by Miaw Limited.
\u201cContent\u201d<\/strong>\u00a0means any software, data, information, picture, graphics and other materials published or made available on the Website, including all third-party content and User Generated Content.
\u201cDelivery\u201d<\/strong>\u00a0means providing the Products set out in a product order to you or leaving the Products set out in a product order at the front door or similar point at the address supplied by you in the product order, or any particular point specified by you in the product order, or where a signature is required, at the time the goods are handed over and signature is obtained from a person at the relevant site.
\u201cGST\u201d<\/strong>\u00a0means goods and services tax as set out in the Goods and Services Tax Act 1985.
“Member”<\/strong>\u00a0means a user that has completed our registration process and created an account while they maintain that account.
“Product”<\/strong>\u00a0means the goods and\/or services being offered by us and promoted through the Website or Affiliated Website.
\u201cUnacceptable\u201d<\/strong>\u00a0means anything that is defamatory, harmful, offensive, upsetting, obscene, inappropriate, false, misleading, unsuitable for persons under the age of 18 years, in violation of any law or regulation, or otherwise considered by us as being unacceptable.\u00a0
“User”<\/strong>\u00a0means any user of the Website who is not a Member.
\u201cUser Generated Content\u201d<\/strong>\u00a0means any information and materials uploaded or generated by Users and\/or Members (which may include you).
\u201cWe”<\/strong>,\u00a0“us”<\/strong>,\u00a0“our”<\/strong>\u00a0and\u00a0\u201cWebsite\u201d<\/strong> are a reference to Miaw Limited.
\u201cWebsite\u201d<\/strong>\u00a0has the meaning given to that term in clause 1.1.
\u201cYou”<\/strong>\u00a0and\u00a0“your”<\/strong>\u00a0are a reference to you.<\/p>

3.\u00a0 \u00a0Conduct of Users<\/h3>

a)\u00a0\u00a0\u00a0\u00a0\u00a0In accessing and using the Website or any Affiliated Website whether as a User or a Member, you acknowledge and agree that you will not do any of the following:
(a)\u00a0\u00a0 \u00a0Post or transmit any Content that is or is reasonably likely to be Unacceptable;
(b)\u00a0\u00a0 \u00a0Abuse, harass, stalk, threaten, breach the confidence of or otherwise violate the rights (such as rights of privacy and publicity) of others;
(c)\u00a0\u00a0 \u00a0Post or transmit Content that infringes the intellectual property rights of any person;
(d)\u00a0\u00a0 \u00a0Access an account, without authority, that is not your own or impersonate any other User or Member;
(e)\u00a0\u00a0 \u00a0Manipulate or access, without authority, any part of the Website or any Affiliated Website, or post or transmit any Content that contains any virus or other destructive component;
(f)\u00a0\u00a0 \u00a0Commit or encourage a criminal offence, or post or transmit any Content that is prohibited by or violates any applicable law or regulation;
(g)\u00a0\u00a0 \u00a0Transmit any unsolicited advertising, promotional materials or any other forms of solicitation, unless expressly authorised by us; or
(h)\u00a0\u00a0 \u00a0Any other conduct that otherwise breaches the Terms.<\/p>

4.\u00a0 Membership specific terms<\/h3>

a)\u00a0\u00a0\u00a0\u00a0 Members:<\/strong>\u00a0\u00a0Clauses 4 and 5 apply to your use of the Website as a Member. \u00a0If you are not a Member, then the terms in clauses 4 and 5 do not apply to you.<\/p>

b)\u00a0\u00a0\u00a0 Registering:<\/strong>\u00a0\u00a0To become a member of the Website, you must complete the online registration form, which will include creating a user login and password. \u00a0By completing the registration process and\/or accessing the Website as a Member, you are stating that you are eligible for membership and that you agree to be bound by the membership specific terms set out in clauses 4 and 5, in addition to the other terms in these Terms and the Privacy Policy, without qualification. \u00a0We reserve the right to reject any application for membership.<\/p>

c)\u00a0\u00a0\u00a0\u00a0 Details:<\/strong>\u00a0\u00a0You confirm that any information you provide to us relating to you and your pet through the membership registration process, or subsequent to registration, is current, complete and accurate at the time you provide it is not misleading or deceptive, or likely to mislead or deceive. \u00a0If your details or your pet\u2019s details change whilst you are a Member, you agree to update such information in a timely manner (which can be done by logging onto the Website).<\/p>

d)\u00a0\u00a0\u00a0 User id and password:<\/strong>\u00a0\u00a0You must ensure that your user id and password is kept secure and confidential and not revealed to any other person. You are entirely responsible for all activities that occur through the use of your user id and password. \u00a0You must notify us immediately of any unauthorised use of your user id and password or any other breach of security. Following any unauthorised use, you will cease using that password and create a new unrelated password. You indemnify us, our directors, officers and employees against all costs, expenses and damages incurred in connection with any claim arising from any reasonable reliance by us on any use of your password, including us disclosing information relating to your membership and Subscription with us.<\/p>

e)\u00a0\u00a0\u00a0\u00a0 Communications:<\/strong>\u00a0\u00a0 Where, on registering as a Member or subsequently, you indicate that you wish to receive email communication or mobile phone text messages from us, we may continue to communicate with you using such technology until you indicate otherwise. These communications may include information about our Products and features of the Website, notices about applicable fees and charges, transactional information and other information concerning or related to the Website, Products and\/or product orders. \u00a0You may opt-out of receiving:\u00a0
(1)\u00a0 \u00a0 email communication at any time by using the unsubscribe link in any email; and
(2)\u00a0\u00a0 \u00a0mobile phone text messages by following the instructions set out in any text message.<\/p>

f)\u00a0\u00a0\u00a0\u00a0 User-Generated Content:<\/strong>\u00a0\u00a0The Website may include User-Generated Content. We will endeavour to monitor, approve and\/or moderate all User-Generated Content prior to such content being published on the Website. \u00a0We reserve the right to delete, edit or move any User-Generated Content uploaded and\/or published which is, in our sole discretion, Unacceptable. Any views expressed in any User-Generated Content do not necessarily represent our views or values. \u00a0If you believe that any User-Generated Content is Unacceptable, or if you would otherwise like to complain about it, you can\u00a0contact us here<\/a>.\u00a0<\/p>

g)\u00a0\u00a0\u00a0 Warranties and acknowledgments:<\/strong>\u00a0\u00a0In relation to any content you submit to the Website as a Member, you:
(1)\u00a0\u00a0 \u00a0warrant that you are the owner of the content or are otherwise authorised or licensed to provide it to us;
(2)\u00a0\u00a0 \u00a0warrant that the content is not Unacceptable;\u00a0
(3)\u00a0\u00a0 \u00a0grant us a non-exclusive, worldwide, perpetual, royalty-free licence to use and republish your content in any format, and to exercise all copyright, moral and publicity rights relating to your content;\u00a0
(4)\u00a0\u00a0 \u00a0acknowledge that we may edit your content for brevity, style or clarity; and
(5)\u00a0\u00a0 \u00a0acknowledge that if we use and republish your content in accordance with clause 4.8(c) we would attribute such content to you and we would still attribute such content to you if we make minor edits to your content.<\/p>

h)<\/strong>\u00a0\u00a0\u00a0\u00a0Termination:<\/strong>\u00a0\u00a0We reserve the right in our sole discretion to terminate your membership at any time if you violate these Terms.<\/p>

5.\u00a0 \u00a0 Prices and payment<\/h3>

a)\u00a0\u00a0\u00a0\u00a0 Prices:<\/strong>\u00a0\u00a0Prices displayed on the Website and any Affiliated Websites are in New Zealand dollars. We may change the price of Products from time to time and where we do those prices will be displayed on the Product page.<\/p>

b)\u00a0\u00a0\u00a0 GST:<\/strong>\u00a0Unless otherwise expressly stated, all amounts specified on the Website and any Affiliated Websites are GST inclusive.<\/p>

c)\u00a0\u00a0\u00a0\u00a0 Payment method:<\/strong>\u00a0You must pay for your Subscription or any Products purchased with a debit card, credit card or any other payment method that we make available from time to time. In doing so, you acknowledge that:
(1)\u00a0\u00a0 \u00a0additional bank charges may apply to certain transactions;\u00a0
(2)\u00a0\u00a0 \u00a0you are liable for all costs associated with any default in payment for any Product order; and
(3)\u00a0\u00a0 \u00a0title to the Products will pass to you on receipt of full payment for the relevant Products.<\/p>

d)\u00a0\u00a0\u00a0 Payment processing:<\/strong>\u00a0\u00a0Payments are processed by an independent third-party service provider. To allow the processing of payment and in accordance with our Privacy Policy, we provide certain personal information about you to that third-party provider.<\/p>

e)\u00a0\u00a0\u00a0\u00a0 Payment information:<\/strong>\u00a0\u00a0We may securely store and use credit card or other payment account information provided by you to make withdrawals from your account in exchange for payment for any Product confirmed in a product order. \u00a0You will have the option to choose to allow us to store your credit card or other payment account information by checking the \u201cRemember details for next time\u201d checkbox at the time of payment. If you elect not to store your credit card or other payment account information you will need to resubmit this information for each purchase made from the Website.<\/p>

6.\u00a0 Delivery<\/h3>

a)\u00a0\u00a0\u00a0\u00a0Delivery address:<\/strong>\u00a0Delivery of Products is only available in New Zealand and only to a physical address. We will not deliver to Post Office boxes.<\/p>

b)\u00a0\u00a0\u00a0 Loss or damage:<\/strong>\u00a0We will bear the risk of loss or damage to the Products until Delivery. Risk in the Products will pass to you on Delivery.<\/p>

c)\u00a0\u00a0\u00a0\u00a0 Non-delivery:<\/strong>\u00a0If we accept that a Product was not delivered, or that Products delivered were spoiled or damaged when delivered, we will refund the amount paid for the affected products or we will resupply them.<\/p>

d)\u00a0\u00a0\u00a0 Signature required:<\/strong>\u00a0If you selected that a signature is required, or a Product you selected requires a signature, you are responsible for being available to sign for the delivery. If you are not available and the delivery was unsuccessful because obtaining a signature was not possible, you may be charged an additional fee for re-delivery or you will need to make arrangements with the courier company to collect the goods.<\/p>

e)\u00a0\u00a0\u00a0\u00a0 Exclusion of liability:<\/strong><\/p>

You acknowledge and agree that:
(1)\u00a0\u00a0 \u00a0Quoted delivery times are estimates only;
(2)\u00a0\u00a0 \u00a0Delivery to rural addresses may take longer than the time indicated and some delivery options may not be available; and
(3)\u00a0\u00a0 \u00a0To the extent permitted by law we will not be liable to you for any damages, costs or expenses of any kind, suffered or incurred by you due to the Product order or Subscription not being fulfilled or the Products not being delivered within the anticipated delivery time.<\/p>

7.\u00a0 \u00a0 Products and returns<\/h3>

a)\u00a0\u00a0\u00a0\u00a0 Returns:<\/strong>\u00a0\u00a0We want you to be satisfied with the Products you receive from us. If you are not satisfied and do wish to return any Product to us please contact us within 1 week of receiving the Product from us following these steps:
(1)\u00a0\u00a0 \u00a0Email us at sales@miaw.co.nz from the email address associated with your account.
(2)\u00a0\u00a0 \u00a0Include details of the Product you wish to return and a reason for the return.\u00a0<\/p>

b)\u00a0\u00a0\u00a0 Further information:<\/strong>\u00a0\u00a0We may request further information from you regarding your return.<\/p>

c)\u00a0\u00a0\u00a0\u00a0 Product returns:<\/strong>\u00a0\u00a0If we require Products to be returned to us, we will communicate this to you and arrange collection. Please take reasonable care of the Products whilst in your possession prior to any return. We will inspect the returned Products on arrival.<\/p>

d)\u00a0\u00a0\u00a0 Refunds:<\/strong>\u00a0\u00a0If a fault is agreed on our part and\/or refund agreed, we will endeavour to refund you for the cost of the item being returned, within 5 business days.<\/p>

8.\u00a0\u00a0\u00a0 Disclaimer, limitation of liability, indemnity and warranties\u00a0<\/h3>

a)\u00a0\u00a0\u00a0\u00a0 Updates:<\/strong>\u00a0\u00a0We reserve the right to update and amend any information on the Website at any time.<\/p>

b)\u00a0\u00a0\u00a0 Exclusion of liability:<\/strong>\u00a0\u00a0To the maximum extent permitted by law, we will not be responsible or liable to you or any other person for any loss or damage:
(1)\u00a0\u00a0 \u00a0in relation to your access and use of the Website, including if the Website is unavailable (in whole or part) or performing slowly; or
(2)\u00a0\u00a0 \u00a0in connection with any errors, omissions or misstatements in any material on the Website.\u00a0
This exclusion applies regardless of whether our responsibility or liability arises in contract, tort (including negligence), statute or otherwise and for any loss or damage however caused (including direct, indirect, incidental, special or consequential loss or damage). \u00a0\u00a0<\/p>

c)\u00a0\u00a0\u00a0\u00a0 Indemnity:<\/strong>\u00a0\u00a0You will take all necessary action to defend and indemnify us and our directors, officers and employees against all loss and damages suffered or incurred in connection with any claim brought by a third party against us arising from a breach by you of these Terms or the Privacy Policy.\u00a0<\/p>

d)\u00a0\u00a0\u00a0 Warranties:<\/strong>\u00a0Warranties, conditions or obligations may be implied or imposed by the Consumer Guarantees Act 1993 (CGA), which cannot be excluded, restricted or modified. This clause is not intended to limit your rights under the CGA, except where Products are purchased for business purposes, or used in a business, in which case we:
(1)\u00a0\u00a0 \u00a0to the extent permitted by law, expressly contract out of all provisions of the CGA; and
(2)\u00a0\u00a0 \u00a0will not be liable to you in any event, whether in contract, tort (including negligence), statute or otherwise and for any loss or damage however caused (including direct, indirect, incidental, special or consequential loss or damage) for any loss of goodwill or loss of profits for an amount in excess of the amount paid by you to us for the Product.<\/p>

9.\u00a0 \u00a0 Linked sites<\/h3>

a)\u00a0\u00a0\u00a0\u00a0 Third parties:<\/strong>\u00a0\u00a0The Website may contain links to other third-party websites (Linked Sites). Linked Sites are not operated, controlled, or maintained by us and are provided for your convenience only.\u00a0<\/p>

b)\u00a0\u00a0\u00a0 Liability:<\/strong>\u00a0\u00a0You access Linked Sites at your own risk and to the maximum extent permitted by law we will not be:
(1)\u00a0\u00a0 \u00a0responsible for the availability, content, security, policies, or practices of any Linked Sites; or
(2)\u00a0\u00a0 \u00a0liable for any loss or damage (including direct, indirect, incidental, special or consequential loss or damage) suffered by you from accessing, using, relying on or trading with third parties; or
(3)\u00a0\u00a0 \u00a0responsible or liable for any dealings that you have with the third party.<\/p>

c)\u00a0\u00a0\u00a0\u00a0 No approval:<\/strong>\u00a0\u00a0Any link to a Linked Site does not constitute sponsorship, endorsement, or approval by us of the content, policies, or practices of such Linked Sites.\u00a0<\/p>

10.\u00a0 \u00a0General<\/h3>

a)\u00a0\u00a0\u00a0\u00a0 Suspension and termination:<\/strong>\u00a0\u00a0Without prejudice to any other rights and remedies available to us, if we consider that you have breached these Terms, we may immediately and without written notice to you, suspend or terminate your access to the Website (or any part of the Website). \u00a0On suspension or termination, you must immediately cease using the Website and must not attempt to gain access to the Website.<\/p>

b)\u00a0\u00a0\u00a0 Amendments:<\/strong>\u00a0\u00a0We reserve the right to change these Terms and the Privacy Policy (Amendments) at any time. Any Amendments will be posted on this page on the Website (and the \u201clast updated\u201d date will be updated). \u00a0By continuing to access the Website and Affiliated Websites you agree to be bound by the Amendments. We recommend you regularly review these Terms and the Privacy Policy to see any updates or changes to our Terms.<\/p>

c)\u00a0\u00a0\u00a0\u00a0 Law:<\/strong>\u00a0\u00a0These Terms are governed by and will be construed in accordance with the laws of New Zealand. You submit to the non-exclusive jurisdiction of the courts of New Zealand.<\/p>

d)\u00a0\u00a0\u00a0 Contact:<\/strong> \u00a0If you have any questions or concerns in relation to the Website, Affiliated Website or these Terms, please contact us by sending an email to sales@miaw.co.nz.<\/p>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>","protected":false},"excerpt":{"rendered":"

Terms and Conditions Miaw Limited 1.\u00a0 \u00a0 Website a)\u00a0\u00a0\u00a0\u00a0 Site: This website [https:\/\/www.miaw.co.nz] (the Website) is operated by MIAW Limited.\u00a0 b)\u00a0\u00a0\u00a0 Agreement to be bound:\u00a0\u00a0These membership terms and website terms of use (Terms) and our\u00a0Privacy Policy\u00a0apply to all users of our Website, whether as a Member or as a visitor. c)\u00a0\u00a0\u00a0\u00a0 Not agree:\u00a0\u00a0If you do […]<\/p>","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"elementor_header_footer","meta":[],"_links":{"self":[{"href":"https:\/\/www.miaw.co.nz\/zh\/wp-json\/wp\/v2\/pages\/795"}],"collection":[{"href":"https:\/\/www.miaw.co.nz\/zh\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.miaw.co.nz\/zh\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.miaw.co.nz\/zh\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.miaw.co.nz\/zh\/wp-json\/wp\/v2\/comments?post=795"}],"version-history":[{"count":12,"href":"https:\/\/www.miaw.co.nz\/zh\/wp-json\/wp\/v2\/pages\/795\/revisions"}],"predecessor-version":[{"id":10039,"href":"https:\/\/www.miaw.co.nz\/zh\/wp-json\/wp\/v2\/pages\/795\/revisions\/10039"}],"wp:attachment":[{"href":"https:\/\/www.miaw.co.nz\/zh\/wp-json\/wp\/v2\/media?parent=795"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}