This Agreement is made between you (“the Buyer") and The Beer Exchange Limited (NZBEX) of Christchurch ("the Website Owner") and becomes legally binding when you check mark the “I accept the terms and conditions of this Agreement” button.
1. Definitions and Interpretation
In this Agreement, unless the context indicates the contrary:
Confidential Information means all information provided by one party to the other in connection with this Agreement where such information is identified as confidential at the time of its disclosure or ought reasonably be considered confidential.
Freight Service means the service of organising of the carriage of Goods by the Website Owner from the Supplier to you.
Force Majeure Event means any event beyond the control of the relevant party.
Goods means any alcohol supplied to the Buyer (together with any Services forming part of the supply of Goods) and in respect of each order of Goods placed by the Buyer.
GST has the meaning given in the Goods and Services Tax Act 1985.
Intellectual Property Rights means all intellectual property rights, including all copyright, patents, trademarks, design rights, moral rights, trade secrets, domain names, know-how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.
Liquor licensing rules has the meaning in the Sale and Supply of Alcohol Act 2012 and other applicable rules and any local bylaws that apply to remote sales of alcohol.
Order means any order of Goods from a Supplier via the website portal.
Supplier means the suppliers of alcohol who have been permitted by the Website Owner to list content on the Website.
Website means The NZBEX website located at www.nzbex.nz or any other website officially linked to the company (The Beer Exchange Limited NZBN: 9429047356160)
NZBEX means the company The Beer Exchange Limited (NZBN: 9429047356160)
The listed price of the Goods will be inclusive of all Freight Service, delivery costs and commission paid by the Supplier to NZBEX, but exclusive of GST. GST on the listed price will be included in the final amount payable.
The price of the Goods shall be paid directly to the Website Owner, who will receive the price on behalf of the Supplier. The price of the Goods is paid on the order of purchase being made.
Payment will not be accepted by any means other than credit or debit card unless specifically agreed in writing between The Buyer and The Website.
4. Freight Service and Delivery
The Goods will be delivered by such carrier and such form of Freight that the Website Owner considers to be appropriate.
The Website Owner will not be responsible for any part delivery or delay in delivery of the Goods for any reason, including relating to the Freight Service, beyond the responsibility taken by the Freight supplier However, the Website Owner will endeavour to ensure that purchases are delivered in an acceptable timeframe and in good condition to the best of their ability
Any claims for faulty Goods or delivery or Freight Service must be made directly with the Supplier, however the Website will endeavour to assist in resolving any issues between the Supplier and the Buyer where possible
6. Confidentiality and Privacy
A party must not, without the prior written consent of the other, use or disclose the other party's Confidential Information unless expressly permitted by this Agreement or required to do so by law or any regulatory authority.
NZBEX will use all endeavours to protect the Buyer private information including any payment information.
NZBEX will further ensure it has appropriate safety measures in place to protect Buyer’s data that may have been captured on the website.
7. Warranties and Liability
The Website Owner gives no guarantees under the Consumer Guarantees Act nor does it give any warranty in respect to the Goods supplied by the Supplier beyond those provided by the Supplier. Warranties and Liability are limited to those of the Supplier.
Although the information provided in this site is presented in good faith and believed to be correct as at the date it was submitted, NZBEX make no warranties or representations about the accuracy or completeness of this site, its contents or the content of any web site ’hot linked’ to or from this site. The Website will endeavour to keep information up-to-date but can’t guarantee that it will be…or something like that…
NZBEX will not be liable for any damage, loss, claim or expense suffered as a result of the information on the site or any 'hot linked site' not being accurate or updated.
The Buyer must ensure that the internet system which is used to access this site is secure . NZBEX will not be liable for any losses due to any virus or other damaging internet intrusions.
The Website Owner's total aggregate liability for all claims relating to this Agreement is limited to $1.
Either party's liability for any claim relating to this Agreement will be reduced to the extent to which the other party contributed to the damage arising from the claim.
The Buyer indemnifies and holds the Website Owner its agents, affiliates, subsidiaries, directors, officers, employees, consultants and contractors (collectively "Indemnified Persons") harmless from and against any and all costs, claims, losses, damages, liability and expense (including all reasonable legal fees) which may be made or brought against or suffered or incurred, directly or indirectly by the Indemnified Persons in connection with:
a) any breach of this Agreement by the Buyer; or
b) any act of fraud or wilful misconduct by or on behalf of the Buyer.
A party may terminate this Agreement by written notice to the other if any of the following events has occurred in respect of the other party: a material breach of this Agreement, which is not remediable or if capable of remedy, where the other party fails to remedy within 14 days of written notice or an insolvency event occurs, other than an internal reconstruction with notice to the other party.
11. Consequences of Termination
a) If this Agreement is terminated or expires for any reason, then, in addition and without prejudice to any other rights or remedies available the parties are immediately released from their obligations under the Agreement except those obligations that, by their nature, survive termination; AND
b) each party retains the rights and claims it has against the other.
The Buyer must not assign or otherwise deal in any other way with any of its rights under this Agreement without the prior written consent of the Website Owner.
Nothing contained in this Agreement creates any relationship of partnership or agency between the parties.
This Agreement takes immediate legal effect upon the Buyer check marking the “I accept the terms and conditions of this Agreement “button.
A party will not be responsible for a failure to comply with its obligations under this Agreement to the extent that failure is caused by a Force Majeure Event, provided that the party keeps the other closely informed in such circumstances and uses reasonable endeavours to rectify the situation.
Without limiting any other right to terminate under this Agreement, if a Force Majeure Event affects a party's performance under this Agreement for more than thirty (30) consecutive days, the other party may immediately terminate this Agreement by written notice.
This Agreement is governed by the laws of New Zealand and each party submits to the jurisdiction of the courts of New Zealand.
By clicking the check box “I have read and agree to the Terms and Conditions”, you are agreeing to the Terms and Conditions set out in this document.