Terms of Service

Our website and services are provided by Cyber Island, and by using our site, you agree to comply with our Terms of Service.

Throughout these terms, "we," "us," and "our" refer to Cyber Island. Please take the time to carefully read and understand these terms before accessing or using our website. By accessing or using any part of the site, you indicate your acceptance of these Terms of Service. If you do not agree with any of the terms and conditions, you should not access the website or use any of our services.

When you visit our site or make a purchase from us, you are engaging in our services and agreeing to be bound by these Terms of Service, including any additional terms, conditions, policies, and notices referenced or available by hyperlink. These terms apply to all users of the site, including browsers, vendors, customers, merchants, and content contributors.

It's important to note that our Terms of Service may be updated or changed at any time. The most current version can always be found on this page, so we recommend checking it periodically for any updates. By continuing to use or access our website after we post any changes, you are indicating your acceptance of those changes.

Our website operates through the online e-commerce platform provided by Shopify Inc., which allows us to sell our products and services to you.

Section 1 - Online Store Terms

By agreeing to our Terms of Service, you confirm that you are of legal age in your state or province of residence or that you have given us the consent to allow any minor dependents to use this site. You agree not to use our products for any illegal or unauthorized purposes and not to violate any laws in your jurisdiction, including copyright laws. Furthermore, you must not transmit any harmful code or viruses. Failure to comply with these terms may result in the immediate termination of our services to you.

Section 2 - General Conditions

We reserve the right to refuse service to anyone for any reason and at any time. While we take measures to protect your information, you acknowledge that the transmission of your content (excluding credit card information) may involve unencrypted communication over various networks and may require adaptation to technical requirements. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of our services without our express written permission. The headings used in these terms are included for convenience and do not affect their interpretation.

Section 3 - Accuracy, Completeness, And Timelines Of Information

We strive to provide accurate and up-to-date information on our site; however, we cannot guarantee the accuracy, completeness, or timeliness of the information provided. The material on our site is intended for general information purposes only and should not be solely relied upon for making decisions. It is your responsibility to consult primary, more accurate, complete, or timely sources before making any decisions based on the information on our site. We may occasionally include historical information, which is provided for reference purposes only. We reserve the right to modify the contents of our site at any time without obligation to update the information. It is your responsibility to monitor any changes.

Section 4 - Modifications To The Service And Prices

Product prices on our site are subject to change without notice. We also reserve the right to modify or discontinue any part of our services or content without notice. We shall not be liable to you or any third party for any modifications, price changes, suspension, or discontinuation of our services.

Section 5 - Products Or Services

Certain products or services may be available exclusively online through our website. These products or services may have limited quantities and are subject to our Return Policy. While we strive to accurately display the colors and images of our products, we cannot guarantee that your browser or device will accurately represent them. We reserve the right to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis and limit quantities of products or services offered. Descriptions and pricing of products are subject to change at our discretion. We may discontinue any product at any time. Any offer for a product or service on our site is void where prohibited by law. We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations.

Section 6 - Accuracy Of Billing And Account Information

To make a purchase from our store, you agree to provide current, complete, and accurate account and purchase information. You must promptly update your account and other information, including email address and credit card details, to ensure accurate transactions and effective communication. We reserve the right to refuse any order, limit quantities, or cancel purchases at our sole discretion. In the event of a change or cancellation of an order, we will attempt to notify you using the contact information you provided. We may also restrict orders that appear to be placed by dealers, resellers, or distributors.

For more details, please review our Returns Policy.

Section 7 - Optional Tools

We may provide access to third-party tools, but we do not monitor or control these tools. You acknowledge and agree that these tools are provided "as is" and "as available" without any warranties, representations, or conditions. We shall have no liability arising from or relating to your use of optional third-party tools. Your use of such tools is entirely at your own risk, and you should familiarize yourself with and agree to the terms provided by the third-party provider. Any new features or services added to the website will also be subject to these Terms of Service.

Section 8 - Third-Party Links

Our service may contain links to third-party websites or materials that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these third-party links. We do not warrant or have any liability for any third-party materials, websites, products, or services. Any transactions or interactions with third-party websites are solely between you and the third party. Please review the policies and practices of the third-party websites before engaging in any transactions. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

Section 9 - User Comments, Feedback, And Other Submissions

At times, we may request specific submissions, or you may voluntarily provide comments, ideas, suggestions, proposals, or other materials (collectively referred to as "comments"). By sending us such comments, you agree that we may use, edit, copy, publish, distribute, translate, and otherwise utilize them in any medium and without any restrictions. We are under no obligation to maintain confidentiality, compensate you, or respond to any comments. We may, at our discretion, monitor, edit, or remove content that we deem unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or objectionable. Your comments must not violate any third-party rights, contain unlawful or abusive content, or spread computer viruses or malware. You are solely responsible for the accuracy and legality of your comments, and we assume no liability for any comments posted by you or third parties.

Section 10 - Personal Information

Your submission of personal information through our store is governed by our Privacy Policy. Please review our Privacy Policy for more information.

Section 11 - Errors, Inaccuracies, And Omissions

Occasionally, there may be errors, inaccuracies, or omissions in the information provided on our site, 

including product descriptions, pricing, promotions, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the site is inaccurate, at any time and without prior notice. We are under no obligation to update, amend, or clarify information on the site, except as required by law. No specified update or refresh date applied on the site should be taken to indicate that all information on the site has been modified or updated.

Section 12 - Prohibited Uses

In addition to other prohibitions outlined in these Terms of Service, you are prohibited from using the site or its content for any unlawful purpose. You shall not solicit others to perform or participate in any unlawful acts. Violation of any international, federal, provincial, or state regulations, rules, laws, or local ordinances is strictly prohibited. You must not infringe upon or violate our intellectual property rights or the rights of others. Harassment, abuse, insult, harm, defamation, slander, discrimination, or any form of misconduct based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability is not allowed. You must not submit false or misleading information. Uploading or transmitting viruses or any other malicious code that may affect the functionality or operation of the site, other websites, or the Internet is prohibited. Collecting or tracking personal information of others is not permitted. Spamming, phishing, pharming, pretexting, spidering, crawling, or scraping the site or its content is prohibited. Using the site for any obscene or immoral purpose is not allowed. Any attempt to interfere with or circumvent the security features of the site or any related website, other websites, or the Internet is strictly prohibited. Violation of any of these prohibitions may result in the termination of your use of the services provided by Cyber Island.

Section 13 - Disclaimer Of Warranties; Limitation Of Liability

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of the service will be accurate or reliable. You agree that we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. Your use of the service is at your sole risk. The service, including all products and services delivered to you through the service, is provided on an "as is" and "as available" basis. Except as expressly stated by us, we disclaim all warranties, representations, or conditions of any kind, whether express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Cyber Island, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including but not limited to, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 14 - Indemnification

You agree to indemnify, defend, and hold harmless Cyber Island and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third party.

Section 15 - Severability

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 16 - Termination

The obligations and liabilities incurred prior to the termination date shall survive the termination of these Terms of Service. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services or when you cease using our site. If, in our sole judgment, you fail to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination. We may also deny you access to our services (or any part thereof) as a result of non-compliance.

Section 17 - Entire Agreement

The failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the service constitute the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications, and proposals

regarding the subject matter herein. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 18 - Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.

Section 19 - Changes To Terms Of Service

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 20 - Contact Information

Questions about the Terms of Service should be sent to:

Phone: +64 27 264 9255

Email: 
contact@cyberisland.co.nz

 

Thank you for taking the time to read and understand our Terms of Service.