TERMS AND CONDITIONS FOR WEBSITE USE
1. ACCEPTANCE OF TERMS AND CONDITIONS
PEAK reserves the right to vary these Terms and Conditions at any time without notice. Please check the Terms and Conditions periodically for changes.
2. CONTENT ON THE SITE, COPY RIGHTS AND TRADE MARKS
The Site contains many icons, trademarks, service marks, copyrights and/or logos of PEAK and may also contain several protected marks of PEAK’S affiliated companies and/or licensors which are protected by intellectual property rights and related acts and regulations. No part or portion or element of the Site or its content shall be copied, distributed, transmitted or reproduced in any form except with explicit permission between you (the user) and PEAK. User recognizes and acknowledges the ownership of
these marks and understands that it does not acquire, through use of the Site, any right, title, or interest in the icons trademarks, trade names, service marks, copyrights, and/or logos of PEAK. You are not permitted to remove any copyright, trade mark or other proprietary notices from content found on the Site.
3. PROHIBITED USE
PEAK strictly prohibits any use of the Site for illegal or objectionable purpose/s including but not limited to (i) activities involving the transmission of unlawful, threatening, harassing, sexually explicit, pornographic, hateful, obscene, profane, libellous, or
defamatory information (ii) activities involving the promotion or use of viruses (iii) activities involving the transmission of junk mail or spamming (iv) activities that violate any law, regulations or statute and/or (v) activities that infringe upon any legally protected property right. Any and all information transmitted to or with the use of this site by the user cannot and shall not be deemed confidential or proprietary. PEAK reserves
the right to monitor transmissions and investigate any alleged prohibited use of the Site and to disclose all information relating to such prohibited use. PEAK, its directors, affiliates, employees, agents, subsidiaries, and/or contractors shall not assume, and expressly disclaim, any and all liability relating to an individual’s illegal or prohibited use of the Site.
4. WARRANTIES AND LIMITATION OF LIABILITY
Use of the Site is at your own risk. SUBJECT TO THE PREVAILING LAWS AND
REGULATIONS WITH REGARD TO LIABILITY FOR PERSONAL INJURY OR NON WAIVABLE STATUTORY RIGHTS neither PEAK, nor any of its employee/s, director/s, shareholders, affiliate/s, agent/s, and subsidiary/ies A) will be liable to you for any direct, indirect, special, consequential or other loss or damage to any person or entity, however caused (whether by negligence or otherwise) that results from the use of, or the inability to use, the Site or Content or any damage that result from mistakes omission, interruption, deletions of files or emails, errors, defects, viruses, delays in operation or transition or any failure of performance whether or not resulting from acts of god , communication failure, theft destruction or unauthorized access to PEAK records programs or services and B) will be liable to you for any indirect ,special ,incidental, consequential, punitive or exemplary damages including without limitation damages for loss of goodwill, loss of profit, loss theft or corruption of user information of the non- availability to use the site or any of its features.
5. LINKS TO THIRD PARTIES
The Site may contain links to other sites. These links are independent of PEAK and are beyond PEAK’s control with independent terms and conditions and privacy policies. These sites may have their own cookies and it is up to the user to protect himself / herself while using third party links. PEAK disclaims any and all responsibility or liability for content contained on such linked sites.
6. USER GENERATED CONTENT
All user generated content that you or other users of the Site post to the Site will be deemed non-confidential and non-proprietary. User generated content shall neither infringe any third party intellectual property rights nor contain illegal or objectionable content. PEAK disclaims any and all responsibility or liability for user generated content. PEAK reserves the right to block, remove or restrict without any notice and without liability to you or anyone else, all or any user generated content or part thereof which is not in accordance with these Terms and Conditions of PEAK. You as a user of the Site agree to indemnify PEAK against all costs, damages, expenses, losses and liabilities incurred by PEAK or any employee/s, director/s, affiliate/s, agent/s, partner/s, and subsidiary/ies accruing from or related to your user generated content.
You grant and warrant that PEAK shall have the non-exclusive, non-revocable, worldwide and royalty-free, right and licence to use including distribution and copying to third parties, user generated content for any purpose, in any medium.
Any user-generated content which breaches PEAK’s Terms and Conditions shall be informed by you to PEAK on [email protected] with sufficient information. PEAK shall take all steps in good faith to investigate such breaches and shall take action if required at the sole discretion of PEAK.
7. SPORTING ACTIVITY DISCLAIMER
When you engage in physical activity you accept all risks connected with physical activity. Please be aware that we are not familiar with your individual health and/or physical characteristics.
8. PRODUCT INFORMATION
Most PEAK products displayed at the Site are available in the store while supplies last.
9. PRICE, ORDERS AND PAYMENT
All prices listed on our website are in New Zealand Dollars (NZD) and are inclusive of GST (Goods and Services Tax).
The prices of PEAK products are as quoted on the Site from time to time.
Prices include GST but not the delivery costs. Delivery costs will be added (at the rates indicated on the Site) to the total amount due based on your chosen delivery method.
Prices and delivery costs may be changed at any time. These changes will not affect finalised orders.
The Site contains a large number of PEAK products and in very rare occasions, despite our best efforts some of the products listed on the Site may be incorrectly priced. We will normally verify prices as part of our despatch procedures so that where a PEAK product’s correct price is less than our stated price, we will charge you the lower amount. If a PEAK product’s correct price is higher than the Site, we will normally, at our
discretion, either contact you for instructions before despatching the PEAK product or reject your order and notify you of such rejection.
The price of a product you order may not correspond to the price of the product in our stores or may change following the placement of your order. We do not provide refunds due to price changes.
We do not price match with competitors
We currently accept payments online by Credit Card via Stripe, and with pay-in-installments provider Layby and AfterPay.
When it is time to pay for your order, you will be directed to either the Stripe, AfterPay or Layby websites. You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note it is possible that your card issuer may charge you an online handling fee or processing fee and we will not be responsible for the same.
Stripe is committed to protecting the security of your data. A variety of security technologies and procedures are used to help protect your personal information from unauthorized access, use or disclosure.
We take every precaution to ensure that your details are transmitted securely and comply with industry regulation. We do not see, receive or store any of your credit card information if you pay via above mentioned means. When we transmit sensitive information (such as a credit card numbers) over the internet, we protect it using encryption, such as the Secure Socket Layer (SSL) protocol.
We reserve the right to cancel an order if:
- You provide an unauthorized credit card,
- Payment cannot be processed,
- The ordered products are not available,
- There is an error in the price or product description posted on the website.
If we cancel an order, we will endeavor to provide you with reasonable notice of the cancellation.
User hereby agrees to indemnify, defend, and hold harmless, PEAK and its employee/s, director/s, affiliate/s, agent/s, partner/s, and subsidiary/ies against all costs, damages, expenses, losses and liabilities incurred by PEAK or any employee/s, director/s, affiliate/s, agent/s, partner/s, and subsidiary/ies accruing from or related to user’s use of the Site in violation of PEAK’s Terms and Conditions. PEAK has the right to control any defense pertaining to this section.
Nothing in this Agreement shall establish any agency, partnership, joint venture or fiduciary relationship between the parties, and neither party shall have the right or authority to act for or on behalf of the other Party.
If one or more of the provisions contained in these Terms and Conditions, is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of the Terms and Conditions.
13. APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be governed by the laws of New Zealand and you and PEAK hereby submit to the non-exclusive jurisdiction of the courts of New Zealand.