Welcome to the Cutshop website and thank you for taking the time to read these website Terms of Use (“Terms”) which apply with respect to your use of our website.  It is important that you read these Terms carefully. By using or visiting our website, you will be deemed to have accepted these Terms. 

Any reference to "website" means the whole or any part of the web pages located at this URL or domain (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content).

Access and Use of the Website

Pro-Mit Limited, trading as Cutshop NZ Franchisor (referred to as “we”, “our”, “us”), (company number 1950268) is the owner of this website.

As a user of this website (referred to as ‘”you” and “your”), you are subject to these Terms and our Privacy Policy and any other laws or regulations which apply to this website.  If you do not accept these Terms, you must refrain from using this website.

We reserve the right to revise these Terms from time to time at our discretion, and without notice to you, to any element of this website.  Such revisions will be effective immediately upon publication on this website.  By continuing to use this website after such publication, you agree to be bound by these Terms.  You should therefore periodically visit this page to determine the current Terms. 

Liability 

While we endeavour to ensure that the information we have provided on this website is correct and free from error, it is provided "as is" and "as available" and without warranties of any kind either express or implied.  Sometimes errors, omissions or inaccuracies do occur, for which we apologise. Despite our efforts, the products, services and content available on this website may not be up to date or current at your time of use. 

We do not accept any liability, direct or indirect, for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission whether negligent or otherwise, contained on this website.  You are solely responsible for the actions you take in reliance on the content on, or accessed, through this website.  We reserve the right to make changes at any time.

To the extent permitted by New Zealand law, we make no warranties in relation to the merchantability, fitness for purpose, accuracy or availability of this website.

To the extent that our liability cannot be excluded by law, or to the extent that the exclusion of our liability would render these Terms unenforceable, you agree that our total aggregate liability to you is limited to is one New Zealand dollar or the next largest amount that would be needed to render these Terms (including these exclusion and limitation provisions) enforceable for our benefit. 

Intellectual Property Right

This website and all intellectual property rights, including graphics, logos, trademarks, design, text, icons, the arrangement of them, sound recordings and all software relating to this website, are owned by us and, unless stated, is copyright (“Our IP”).  

You may view our website and its contents for personal and non-commercial use only.  You may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without our prior written permission or, in the case of third-party material, from the owner of the copyright in that material. Your use of this website does not transfer the ownership or grant any right or title in or to any of Our IP to you or any third party. 

You agree and acknowledge that:

1. We retain all right, title and interest in and to our IP, and you agree to not attack, dispute, or contest the validity, or the ownership, of Our IP; and

2. No ownership rights in any of Our IP are vested or created by the limited rights of use granted to you under these Terms and that all use of Our IP under these Terms, continues for our benefit.

Nothing contained in this website is to be interpreted as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any person, company or entity.  We make no representations or warranties that your use of the information on this website will not infringe such intellectual property rights.

Reference to other Websites

This website may refer to other websites.  These sites have not been prepared by us and are not under the control of us.  These website links are provided for convenience only and may not remain current nor maintained.  We should not be construed as endorsing, approving, recommending or giving preference to these third parties or their websites, or any information, products or services referred to on those third-party websites unless expressly stated.  You link to these websites at your own risk and should make your own enquiries as to the privacy policies of these third parties.  We are not responsible for information on, or the privacy practices of, such websites.  We are not responsible for the availability of any of these web links.

Secure Data 

Given the nature of the internet, we cannot guarantee that any data transmission is totally secure.  Whilst we take precautions to protect information, we do not warrant and cannot ensure the security of any information you transmit to us.  You therefore transmit to this website at your own risk.  However, once we receive your transmission, we will take reasonable steps to preserve its security.  If you become aware of any problems with the security of the data or the website, please contact us immediately by email at mkt@cutshop.com.

Viruses

Given the nature of the internet, we cannot guarantee that this website is free from viruses, fault or other conditions which could damage or interfere with your computer systems, and we do not warrant that your access to this website will be uninterrupted, error free or that any defects will be corrected.  You assume the risk of any damage to your property as a result of using this website, and to the maximum extent permitted by law, we disclaim all liability for any errors, omissions and faults.

You must take your own precautions to ensure that the process which you use for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.  For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.

Cookies and Website Analysis Tools

We may use systems or providers (like Google Analytics or any other such system or providers) to collect information such as the number of visitors per day, website pages visited or the number of pages requested per day.  In order for this to occur a small piece of code is placed on each page which counts these statistics.  This non-personal information gained is aggregated and enables us to measure activity within our websites which in turn is used to continually improve our site and our service to our customers. 

We may therefore use a cookie file containing information that can identify the computer you are working from.  The cookie file is anonymous as it only gives us details of your IP address, PC platform (Windows, NT or Mac), browser (e.g. Microsoft, Netscape or other, plus the version of Browser) and domain (whether you are accessing the site from NZ or elsewhere).

You can choose to refuse cookies by turning them off in your browser and/or deleting them from your hard drive.

Use of Information and Material

We appreciate any suggestions ("unsolicited ideas") you may have regarding ways in which this website may be improved or materials which we may add to this website.  Any unsolicited ideas that you submit to us will not be regarded as confidential and will become our property.  We may use, reproduce, disclose, publish, modify, adapt and transmit them to others, without restriction or any obligation to compensate you.

Privacy Policy

We are committed to protecting your privacy.  We recognise that your personal information is confidential and we understand that it is important for you to know how we treat your personal information.  Please read our Privacy Policy for more information.

Disclaimer

We make no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this website or to its availability, functionality or performance, except as otherwise provided under any applicable law.

You agree to indemnify us, our employees, shareholders, and other persons involved in the creation of this website from all damages, losses, penalties, fines, demands, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide to us via this website or any damage that you may cause to this website, including but not limited to any breach by you of warranties under these Term from any third party claims. 

This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Fair Trading Act 1986.

Electronic Transactions Act

You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.  You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002.  You consent to receiving electronic messages and information sent by us (or on our behalf) for any purposes described in our Privacy Policy.  You agree, pursuant to section 11(2) of the Unsolicited Electronic Messages Act 2007, that the person sending any such message need not include a functional unsubscribe facility in that message.

Applicable Laws

This website and these Terms shall be governed by, and construed in accordance with, the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to this website or these Terms. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand and agree that the courts of New Zealand are a convenient forum in which to resolve any dispute arising in relation to this website or these Terms.

The information contained on this website has been prepared in accordance with New Zealand law and may not satisfy the laws of any other country. We make no representations, warranties, or guarantees as to whether or not the information or products available from this website are appropriate or available for use in other countries.  If you choose to access this website from outside New Zealand, you are responsible for compliance with applicable local law.

Severability

If any provision of these Terms are found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms, which will continue in full force and effect.