1. APPLICATION OF TERMS

1.1  These Terms apply to your use of the Website and/or purchasing of any Products. By accessing and using the Website and purchasing any Products:

(a) you acknowledge you have read, understood and agree that you are bound by these Terms; and

(b) you confirm you are authorised to agree to these Terms on behalf of any other person for whom you access and use the Website, and that person is bound by these Terms.

1.2  If you do not agree to these Terms, you are not authorised to access and use the Website and/or purchase any Products, and you must immediately stop doing so.

2. CHANGES

2.1  We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change to these Terms takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website and/or purchase any Products, you indicate you understand and accept the amended Terms, and agree to be bound by them.

2.2  We may change, suspend, discontinue, or restrict access to, the Website and/or purchasing any Products without notice or liability.

2.3  These Terms were last updated in November 2019.

3. DEFINITIONS AND INTERPRETATION

In these Terms:

Brand means all of the brand elements of our business, including the Website and in the name “Spore Lab”.

Eligible Purchasers means legal residents of any country excluding those who reside in Europe and will have the Products delivered to a postal address outside of Europe and Eligible Purchaser means any one of them.

GST means any goods and services tax charged on any taxable supply in accordance with the Goods and Services Tax Act 1985 or any act or regulation amending, consolidating or replacing the same, currently charged at the rate of fifteen percent (15%).

Identity Information means your name, contact details and age or any other information about you as described in our Privacy Policy or as required to enable the purchase of any Product.

Including and similar words do not imply any limitation.

Intellectual Property means all intellectual property rights in relation to the Website and the Brand, including any trade mark(s), copyright, and goodwill in relation to them.

Loss includes any and all 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.

Order means an order of a Product.

Privacy Policy means our privacy policy included on the Website as it may be amended from time to time.

Products means any products listed and available for sale on the Website and Product means any one of them.

Terms means these terms and conditions titled “Website and Purchase Terms” as they may be amended from time to time.

Underlying System means any network, system, software, data or material that underlies or is connected to the Website.

User ID means a unique name and/or password allocated to you to allow you to create an online account and access certain parts of the Website and/or purchase of any Product.

We, us or our means Spore Lab Limited and any of its directors, employees and/or representatives.

Website means www.sporelab.io.

You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.

Words denoting the singular shall include the plural and vice versa.

4. YOUR OBLIGATIONS

4.1  You must provide true, current and complete information in your dealings with us (including your Identity Information when setting up or maintaining an account), and must promptly update that information as required so that the information remains true, current and complete.

4.2  If you are given a User ID, you must keep your User ID secure and:

(a)  not permit any other person to use your User ID, including not disclosing or providing it to any other person; and

(b)  immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to info@sporelab.io.

4.3  You must:

(a)  not act in a way, or use or introduce anything (including any virus, worm, trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and

(b)  unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.

4.4  You indemnify us against any and all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.

5. PURCHASING OF PRODUCTS

5.1  Eligibility: Products can only be purchased by Eligible Purchasers. Any Order from a person who is not an Eligible Purchaser, will not be processed and will be cancelled.

5.2  Pricing: The prices for the Products are in New Zealand dollars and include GST, but do not include any delivery charges. We reserve the right to amend or rectify the price of the Product and/or delivery charge if it is incorrectly stated. If you are purchasing a Product for delivery outside of New Zealand, the Product will be sold exclusive of GST, but may be subject to various import duties, taxes and/or customs charges, which may be levied once the Product reaches your country. You are solely responsible for payment of any import duties, taxes, customs and any other charge in relation to your Order.

5.3  Ordering: An Order is an offer to purchase one or more Products. When we receive a valid Order from you we will accept this offer by confirming via email that we have received and are processing the Order. Once your Order has been dispatched you will receive an email notification of this. All orders when sent outside of New Zealand will state the full value of the Product on the package. We cannot inaccurately describe the contents, claim a lower value or mark as a gift, so please do not ask us to do this.

5.4  Availability: At times we are dependent on our suppliers to provide stock to complete your Order. As such we cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain goods may be out of stock or unavailable. We reserve the right to withdraw or suspend from sale any goods displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Consumer Guarantees Act 1993 and the Fair Trading Act 1986), we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

5.5  Delivery: We will contact you once an Order is ready and able to be sent to your stated address. All Orders will unless otherwise stated at the time of Purchase will be sent by courier, with a tracking number assigned, which will be advised to you at this time. The time taken for the Order to be delivered to you will depend on your delivery location and shipping method selected. General delivery timeframes will be stated on the Website or at the time of placing your Order.

5.6  Cancellation: We will consider on a case by case basis any requests for cancellation of an Order, whether before or after it has been sent for delivery. If you wish to cancel an Order please contact us as soon as possible so we may discuss this with you.

5.7  Returns: We do not accept the return of Products once delivered unless they are defective. We will meet our obligations contained in the Consumer Guarantees Act 1993 (if applicable) and the Fair Trading Act 1986, along with any other terms we may have in relation to returns, but generally products cannot be returned to us once delivered

6. PRODUCT WARRANTY

6.1  Without limiting our obligations pursuant to the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law (if applicable), the Products will normally be covered by a manufacturer’s warranty, which generally will cover manufacturing faults and defects including poor workmanship. The details and terms of such warranty will be included with the Product and/or stated on the Website, and will as at the date of these Terms be for a period no greater than one year from the date of delivery of the Product to you.

6.2  If you believe your Product has a defect or has developed a fault, then please contact us with photographs and an explanation of the defect and/or fault before returning the Product to us. We may be able to solve your problem without you incurring any postage costs. We will then get in contact with you for the next steps in completing your warranty claim, which may involve returning the Product to us so it may be inspected by us and/or the relevant supplier.

6.3  Any warranty will not apply if any damage or defects arise as a result of:

(a)  improper, negligent, abusive or inappropriate use of the Product;

(b)  unauthorised modification of the Product; or

(c)  failure to comply with any stated installation, maintenance or use instructions of the Product.

6.4  To the maximum extent permitted by law, we are not liable for any indirect, consequential or special loss, or loss of profit, however arising, whether under contract, in tort, or otherwise, from any defect in any Product.

7. CONTENT

7.1 The Website contains content provided not just by us but also by third parites. We will endeavour to ensure that any content on the Website will be true, current and complete when you access it. We will take steps to correct any error or inaccuracy in any content which is brought to our attention within a reasonable time.

8. INTELLECTUAL PROPERTY

8.1  The Website contains content which is protected by intellectual property laws, including information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and ‘look and feel’. All rights are reserved. You are not authorised to copy any part of the Website.

8.2  All rights in the Underlying Systems are specifically reserved. You are not authorised to use any of our Intellectual Property without our prior written permission.

8.3  Any material on the Website must not be used for commercial purposes. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information obtained from this Website. You may only download to your personal computer, phone or applicable electronic device for viewing purposes and print out pages of this Website for your personal use.

9. DISCLAIMERS

9.1 To the extent permitted by law, we have no liability or responsibility to you or any other person for any Loss in connection with:

(a)  the Website being unavailable (in whole or in part), performing slowly or not being compatible with all computer systems;

(b)  any error in, or omission from, any information made available through the Website;

(c)  any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and

(d) any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.

9.2 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. For the avoidance of doubt and as specifically stated in these Terms the purchase of Products can only be completed by persons who are Eligible Purchasers.

10. LIABILITY

10.1  To the maximum extent permitted by law:

(a)  your access and use of the Website, including the purchase of any Products, is 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 (including the purchase of any Products). This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

10.2  Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD50.00.

10.3  To the maximum extent permitted by law and only to the extent clauses 10.1 and 10.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website (including the purchase of a Product), or your access and use of (or inability to access or use) the Website, must not exceed NZD50.00.

11. PRIVACY POLICY

11.1  You are not required to provide personal information to us including Identity Information, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website available to you, including being able to purchase Products.

11.2  In providing us with your Identity Information and in accordance with our Privacy Policy, you will be agreeing that your Identity Information and any other information provided, may be used by us and/or any trusted third parties of ours and that you opt-in to receive email or other communications from us and them. You may subsequently opt-out of the receipt of such email or communications by following the directions in the email or communications, or by contacting us or them directly. Opting-out of such communications will not affect your ability to use and purchase Products from the Website.

11.3  When you provide personal information to us, we will comply with the New Zealand Privacy Act 1993 and the terms stated in our Privacy Policy.

12. SUSPENSION AND TERMINATION

12.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms (including having provided false information or not keeping your User ID secure) 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) and/or an ability to purchase any Products and may cancel any current purchase you may have made.

12.2  On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.

12.3  You may discontinue your participation in and access to the Website at any time.

13. GENERAL

13.1  If we need to contact you, we may do so by email. You agree that this satisfies all legal requirements in relation to written communications.

13.2  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.

13.3  Failure to exercise, or any delay in exercising, any right, power or remedy by us under these Terms does not operate as a waiver. A single or partial exercise of any right, power or remedy does not preclude any further exercise of that or any other right, power or remedy. A waiver is not valid or binding on us in granting that waiver unless made in writing.

13.4  Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.4, 6, 7, 8, 9, 10, and 12.1, continue in force.

13.5  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.

13.6  These Terms set out everything relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. Neither you nor we have relied on any representation, warranty or agreement relating to the Website that is not expressly set out in these Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.