Welcome to our website and thank you for taking the time to read these terms and conditions, which apply with respect to your use of our website and/or services. It is important that you read these terms and conditions carefully because, by using our website and/or services, you will be deemed to have accepted these terms and conditions. If you need to refer to them again they can be accessed from the link at the bottom of any page of our website.
GENERAL
SoSimple is the owner and publisher of the content contained in this website (referred to as “our”, “us”, “we”, "provider").
As a user of our website and/or our services (referred to as ‘”you” and “your”), you are subject to these terms and conditions, our Privacy Policy and any other laws or regulations which apply to our website and/or services. If you do not accept these terms and conditions, you must refrain from using this website and services.
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).
WEBSITE INFORMATION AND CONTENT
The information contained on this website is intended for general information only. While we endeavour to ensure that information on the website is correct, sometimes errors or inaccuracies do occur, for which we apologise.
2.1 INTELLECTUAL PROPERTY
Our website and all intellectual property rights, including graphics, logos, trademarks, design, text, icons, the arrangement of them, sound recordings and all software relating to our website, are owned by us and is copyright. These intellectual property rights are protected by New Zealand and international laws.
You may view our website and its contents for personal and non-commercial use only, and as such this is subject to copyright law and the Copyright Act 1994. 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 our website or commercialise any information obtained from any part of our website without our prior written permission from the owner of the copyright in that material.
2.2 OTHER WEBSITES
Please note that although our website may have some hyperlinks to other third party websites, these sites have not been prepared by us and are not under the control of us. These links are provided for convenience and information 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 links.
2.3 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 hello@kitsetassembly.co.nz
2.4 VIRUSES
Given the nature of the internet, we cannot guarantee that our 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 our 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 our 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 our 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 our website or any linked website.
2.5 COOKIES
Our website may use cookies to provide you with certain services or functionality. Cookies are small pieces of information stored on your computer’s hard drive, which may be used to identify you as an individual user of this website. We use cookies to:
• personalise your visits to our website;
• enable us to improve the content, reliability and functionality of our website;
• enable you to use certain services or functionality;
• evaluate the effectiveness of the advertising on our website;
• track website usage patterns;
Accepting a cookie will not give us access to any data on your computer other than the data stored in the cookie. You may configure your web browser to not accept cookies, but you may experience a loss of functionality as a result.
SERVICES AND ORDERS
3.0 “Order” means a request for services offer made by you in response to an invitation to treat made by us on the website.
“Services” means the tasks undertaken by our handyman, at the nominated property.
Our website and the information on it constitute an invitation to treat and not an offer to sell or supply services.
You and we may enter into a contract for the sale and supply of services, by you making an offer via the website to purchase services, at the price advertised on our website by:
(i) placing an electronic Order for the services using the website, text message or via email;
(ii) you confirming the Order details in accordance with the procedure on the website;
(iii) you making payment in full on the site after the job is completed; and
(iv) our acceptance of that offer in accordance with these terms and conditions.
3.1 The Provider will provide you with the Services:
using reasonable care and skill;
in compliance with commonly accepted practices and standards in the relevant industry or trade; and
in compliance with all applicable laws and regulations (including employment laws) in force at the time of providing the Services.
The Provider may sub-contract or delegate some or all of the performance of the Services but it will still continue to be responsible for the performance of the Services and its obligations under the contract.
In the case of regular services, the Provider does not guarantee that the Services will always be performed by the same individual(s), as the availability of any individual will fluctuate from time to time and an individual may cease to be available altogether at any time. The Provider shall be under no obligation to comply with any request to allocate any particular individual(s) to perform the Services.
You acknowledge that:
(i) the transmission of your offer or the confirmation of any payment, made through a portable payment terminal may not be received by us for reasons beyond either party’s control including, but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems;
(ii) to the extent permitted by law, we are not liable to you in any way for any loss or damage at all however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;
(iii) we may act on and process all payments for the jobs ordered, completed and signed off without further consent from or reference to you; and
(iv) we may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
You will receive an email or text message from us immediately after we have confirmed your Order. If you have any questions regarding your Order you may contact the Customer Services Team on hello@kitsetassembly.co.nz
If your Order is not accepted by us, we will notify you by telephone or email.
We may, in our sole and absolute discretion, accept or reject any offer made by you for any reason, including an error in the advertised price for, or description of, the products on the website, or an error in your Order.
To book a job you must provide your name and address, and job description.
You will receive an email, text message or phone call from us after you sent us a booking request. If you have not heard back from us within 24 hours, please contact our Customer Services Team at hello@kitsetassembly.co.nz
Any Order made by you using this website, or by phone is an acknowledgement by you that you are over the age of eighteen years, you accept these terms and conditions and agree that you have entered into a legal contract with us in relation to these terms and conditions.
If you have any query about the progress of your Order please contact the Customer Services Team on hello@kitsetassembly.co.nz.
3.2 PRICE
Our prices are in New Zealand dollars and GST exclusive. Please note that we may vary any prices on this website at any time without notice to you. We reserve the right to correct any errors.
3.3 PAYMENT
The price for the Services (and any extras if applicable) will be as agreed and confirmed either via Email, text message or phone conversation. The price for many of the Services will be calculated according to the amount of time that the Provider will need to spend in performing the Services. In this case, the Provider charges for each period and/or part period of 60 minutes spent in providing the Services. The applicable rates for performing the Services will be notified to you when you make your booking and will be confirmed by us.
All payments must be made by you in full after the job is completed.
You may be asked to make an advance or immediate payment of the price of the Services and, if applicable, the Provider Equipment and/or any Materials. You may authorise us to charge your credit card account for the total price of the services ordered.
To the extent permitted by law, we will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by you, where a credit card is fraudulently used or is used in an unauthorised manner.
If there is a problem with your payment (for example, if your credit card transaction is declined), we may contact you to make alternative payment arrangements.
There can be times when the Provider may need to charge you a higher amount than agreed. This can occur for a number of reasons, in particular where:
what you require the Provider to do changes, or the amount of work or Services you require the Provider to provide increases or is different to what was agreed before the Provider started performing the Services; or
when the Provider starts performing the Services it becomes apparent that the amount of Services the Provider will need to perform or the type of work that is involved is different to what was agreed before the Provider started performing the Services and which the Provider could not reasonably have foreseen before the Provider started performing the Services.
Where the Provider needs to charge you a higher amount than agreed then the Provider will seek your approval to the extra amount that you will need to pay before continuing to provide the Services.
The rates and/or the prices of the Services may be adjusted at any time to reflect increases or decreases in the Provider's costs, including the cost of raw materials, and increases in the Consumer Price Index during the previous year.
3.4 THE NOMINATED PROPERTY
“Nominated Property” means the address provided for service at the time the order is placed.
The nominated property must be located within the service area,i.e in Auckland.
The nominated property must not be a portable, temporary or non-fixed dwelling, building, or structure such as a caravan, trailer, campervan, recreational vehicle or otherwise.
3.5 SERVICES
Services are available at the nominated property only. By placing an Order, you are authorising us to dispatch a handyman to the nominated property.
Should additional services be requested or further work required, which exceeds the services ordered, the handyman will advise the nominated property occupier of this. Where our handyman is equipped and competent and at the request of the nominated property occupier, our technician can provide you with a quote for additional work. Payment will be required upon the job completion.
For services completed inside the nominated property, the nominated property occupier or a person you nominate must be present at the nominated property during the service period.
In the event you request cancellation of service less than 24 hours in advance, the cancellation fee in the amount of $135+gst applies.
If due to some reason a customer can't let us start the job on time without notifying us at least 2 hours prior, there is a waiting time charge $120+gst per hour.
Our services exclude the delivery of any service requiring specialist brand knowledge, equipment, and/or components or any repair.
Our services exclude the removal of any packaging from the nominated property.
If you have a complaint of any nature, please report this to us within 3 (three) days following service. Supporting material and evidence will be required.
3.6 AVAILABILITY
Services are available between the hours of 8:00AM and 5:00PM on Mon-Fri, and 9AM-3PM on Saturday excluding Sundays and public holidays. Whilst we will use our best endeavour to attend the nominated property within the timeframes outlined, this timeframe may vary dependant on the location of the nominated property and current demand for services.
3.7 HEALTH AND SAFETY
Services will not be provided or may be limited where, in the opinion of us or our service provider attending, there is a risk to the health, safety or property of any person.
3.8 YOUR RESPONSIBILITIES
We reserve the right to limit or refuse to provide services where, in the opinion of our service provider, any of the following responsibilities are not adhered to by you and/or the nominated property occupier:
• Upon request for services, you must advise of the presence of dogs or any other known hazards;
- You will provide, on request, any information that the Provider reasonably requires to enable the Provider to provide the Services, for example, information relating to the size, measurements or layout of or access to your property. We will contact you about this. If any information you provide is incomplete or incorrect, the Provider may make an additional charge of a reasonable sum to cover any extra work that is required. Any additional charges will be agreed with you in advance.
- Where performance of the Services requires access to your property, you will allow the Provider to gain access to your property at the agreed dates and times when the Provider will perform the Services. If keys are provided, they must open and close all locks without special effort or skill. If the property is protected by an alarm, you must provide full details of how to disable and reset it. If you require the return of any keys on completion or cancellation of the Services, you must give reasonable notice of this request to the Provider prior to completion or cancellation. If you fail to give such notice, you will have the option either to collect the keys from the Provider or to make arrangements for the return of the keys by unregistered post for a fee of NZD $10.00 to cover postage and administration.
- You will be responsible (at your own cost) for providing a running water supply and electricity from standard household sockets at the property where the Services are to be carried out. You will also allow the Provider to use your toilet and washing facilities.
-You will be responsible (at your own cost) for obtaining all necessary planning, landlord or other consents, permissions and approvals before the Provider starts performing the Services and shall provide a copy to the Provider if reasonably requested to do so.
-You will be responsible (at your own cost) for preparing your property for the supply of the Services including, where necessary, making safe any appliances or equipment at the property (such as solid fuel stoves and ovens) and removing (if you are able to) any items from the areas in the property where the Provider will be performing the Services by the date or time when the Provider is due to start performing the Services.
-You will be responsible (at your own cost) for covering any items, furniture or fixtures or fittings which you will not be moving from the areas at the property where the Provider will be working in order to protect them from dust or dirt. You will also be responsible for securing or removing any valuables, breakables or sentimental items prior to the start of the Services.
-You will be responsible (at your own cost) for providing or arranging a suitable car parking space (and visitor parking permit, if required) for the Provider's vehicles within close proximity to the property and for paying any fees payable by the Provider in connection with the provision of the Services to you.
-Where the provision of the Services cannot be completed in a single day, you will allow the Provider to leave its tools and any Materials at your property overnight or at any other times when it is not performing the Services.
-You will be responsible (at your own cost) for providing the Customer Equipment and ensuring that it is safe and in good working order.
-For the avoidance of doubt, the Provider shall under no circumstances transport you or any other person between properties during any services.
-You will ensure that you have adequate buildings and contents insurance and occupier's liability insurance in place and will provide a copy to the Provider if reasonably requested to do so.
-Unless agreed otherwise in writing, you will be solely responsible for the removal of all waste materials from your property following completion of the Services.
• The nominated property occupier must act in a reasonable manner towards our service provider;
• You, the nominated property occupier, or any other person at the nominated property, must not act or behave in a manner that is inappropriate, improper, hostile, threatening, abusive or dangerous.
3.9 SITE INSPECTIONS
Some of the services the Provider offers may require a site inspection to be carried out prior to the provision of such services. Services which might require a site inspection include pergolas & gazebos assembling services and some handyman services, depending on the information you provide at the time of making a booking.
If such a site inspection is required, we will let you know when you make a booking and will arrange a mutually convenient time for the Provider to visit your property or other location where the Services are to be performed.
If a site inspection is required, a fee will be payable at the time of making the booking to cover the Provider's expenses of carrying out the site inspection. The fee is $135+GST, and this will be agreed with you at the time of booking the site visit.
A site inspection may be undertaken on the same day as the Services are to be carried out, but in any case the site inspection shall constitute a Service in its own right, separate from the Services to which the site visit relates. If the Provider attends your property to undertake the site visit at the agreed time and date but is unable to gain access, or you cancel the Services after the Provider’s arrival, then the Provider shall be entitled to retain the site inspection fee to cover the Provider’s expenses for having attended your property.
4.0 SERVICES LIABILITY
Without limiting any rights you may have at law which may not be excluded, including under the Consumer Guarantees Act 1993, we may accept liability for damage to the nominated property directly caused by our service provider, where notice of the damage is given to us within three (3) days of services. In these cases, we must be given the opportunity to inspect the nominated property within a timeframe which is agreed between you and us, and before further repairs are carried out. To the maximum extent permitted by law, liability will only be accepted should it be found that the damage was directly caused by our service provider.
EVENTS OUTSIDE THE PROVIDER'S CONTROL
The Provider will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by an Event Outside the Provider's Control.
An Event Outside the Provider's Control means any act, event or situation beyond its reasonable control. The following are examples of acts, events or situations which are not within the Provider's reasonable control:
where weather conditions make it impossible or unsafe for the Provider to perform any of the Services;
where the condition or state of your property makes it unsafe for the Provider to perform any of the Services;
where you have not fulfilled your obligations under clause 3.5, with the result that the Provider is unable to provide all or part of the Services at the agreed time or at all. In this event, you agree to pay the Cancellation Charge (minimum charge fee of $135+gst). Examples of where your failure to fulfil your obligations may result in the Provider being unable to provide the Services include without limitation:
-where the Provider is unable to gain access to your property at the dates and/or times agreed; and
-where you have failed to adequately prepare your property for the provision of the Services, for example, by failing to remove your belongings from the property (or from the areas of it) where the Services are to be carried out;
-where the Provider encounters unforeseen technical problems or you make a change in the Services you wish the Provider to perform (and this results in, for example, the Provider having to do further work or wait for new or different Materials);
-where the Provider is instructed or informed that the Services it is performing are not in accordance with statutory or regulatory requirements or are in breach of planning consents or environmental or conservation requirements;
-if any Materials are not delivered on the date or at the time agreed with the supplier of such Materials (and it is not possible to obtain a replacement from an alternative supplier at all or within a reasonable amount of time, or the price charged by the alternative supplier is excessively higher than by the original supplier if ordered at short notice);
-where the Provider has to wait for other providers of services (who have been engaged by you) to complete their work before the Provider is able to perform the Services (or the relevant part of the Services is dependent on the other provider if ordered at short notice);
-for some other unforeseen or unavoidable event or situation which is beyond the Provider's control, including but not limited to strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private utilities or telecommunications networks.
Where one of these occurs the Provider will normally attempt to recommence performing the Services as soon as the situation which has stopped it performing the Services has been resolved. In such circumstances there may be a delay (sometimes a substantial delay) before the Provider can start or continue performing the Services.
-If an Event Outside the Provider's Control takes place that affects the performance of the Provider's obligations under these Terms:
We will contact you as soon as reasonably possible to notify you; and
the Provider's obligations under these Terms will be suspended and the time for performance of the Provider's obligations will be extended for the duration of the Event Outside the Provider's Control. Where the Event Outside the Provider's Control affects the performance of Services to you, the Provider will restart the Services as soon as reasonably possible after the Event Outside the Provider's Control is over.
4.1 IF THERE IS A PROBLEM WITH THE SERVICES
In the unlikely event that the Services have not been provided in accordance with the contract:
please contact us and explain the problem as soon as reasonably possible and in any case within the period of 3 days following the service provided;
please give us a reasonable opportunity to investigate the problem and, if the Provider was at fault, arrange for the Provider to correct, repair or fix any defect; and
the Provider will use every effort to correct, repair or fix defects as soon as reasonably practicable if such problems or defects are found to have been caused by the Provider.
For the avoidance of doubt, the Provider shall have no responsibility or liability in relation to any of the following:
-your failure to notify us of any defect with the Services within the period of 3 days following the service provided;
-disruption to the Services or damage to your property or belongings caused by third parties who are present on site during the performance of the Services by the Provider;
-damage or defects caused by your negligence, wilful act or faulty workmanship, or that of any third party engaged or authorised by you to carry out any work for you;
-damage to your garden and/or any vegetation on your property where the Provider has followed your instructions regarding the care and treatment of such garden and/or vegetation;
-damage to your property caused by waste left behind following completion of the Services, save where the same has been caused by the Provider’s negligence or failure to exercise reasonable care and skill;
-damage to items which require specialist or non-standard care or cleaning products where the Provider's attention has not be specifically drawn to such requirements or where the Provider has followed incorrect care instructions provided by you;
-pre-existing wear and tear, damage, defects or faults in your property, its contents or your belongings;
stains, burns, ingrained dirt and other marks which cannot be removed with industry standard cleaning methods and materials;
-in the case of a repair service, any damage which may arise following the service unless it has been caused by the Provider or the Provider’s failure to carry out the work correctly;
-damage to the property, its contents or your belongings caused by faulty or defective products, materials and equipment provided by you and used by the Provider in the performance of the Services;
-non-completion of any tasks not specifically set out in the Confirmation message or otherwise notified to us by you in writing, and accepted by SoSimple in writing, prior to the start of the Services;
-the Provider's failure to complete all or part of the Services where such failure is caused by your failure to provide adequate supplies of the Customer Equipment;
-the Provider's failure to complete all or part of the Services where such failure is caused by your failure to book the Provider for the recommended number of hours or where you require the Provider to carry out additional tasks over and above what was originally booked;
-Where you report a problem, it may be necessary for us to arrange a site inspection by one of its customer care representatives. In this event, you agree that the representative shall be entitled to take photographs of any damage to your property or possessions for the purpose of producing his or her report and resolving the issue.
If you are a Consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials used to provide the Services are faulty or not as described.
Given the nature of the services, to the maximum extent permitted by law, we do not represent that the nominated property (or part thereof) to which we provide service will be, or will remain for any period of time, in working order.
We accept no liability for providing services which would void a warranty, cause you to breach a contractual obligation, or prejudice or adversely affect an existing or subsequent insurance claim or legal action. It is your responsibility to advise our service provider not to complete services where doing so may affect you in this manner.
To the maximum extent permitted by law, we will not be liable or in default for any failure or delay in providing services, either in whole or in part, where failure or delay arises directly or indirectly out of causes beyond the reasonable control of us. This includes, but is not limited to, a major disaster; adverse weather conditions; unavailability of materials, parts, qualified personnel, equipment, fuel or the like; failures in telecommunications, satellite and global positioning systems; and otherwise where services are not reasonably available.
To the maximum extent permitted by law, we will not be liable for consequential loss as a result of services.
Despite anything to the contrary contained or implied in these terms and conditions, these terms and conditions do not exclude, restrict or modify the application of any statutory provision where to do so would contravene any applicable law or cause any part of these terms and conditions to be void.
4.2 MATERIALS
At the time the Provider performs the Services, it may not have all the Materials it needs to perform the Services. This may be for a number of reasons such as:
the need for the particular Materials may only be revealed when the Provider starts performing the Services; or
the condition of an item or the area which is the subject of the Services may only become apparent when the Provider starts performing the Services and it was not reasonably possible to establish it until that point.
In such cases the Provider may need to purchase Materials. If the Materials are available from a local supplier then the Provider will travel to the supplier and purchase the Materials and return to continue performing the Services. The Provider normally charges for the travel time at its standard charging rate, as may be notified to you from time to time. If you are a Consumer, any additional charges will be agreed with you in advance. If you are not a Consumer, the Provider will seek your prior consent to any additional charges if the travel time is likely to be more than an hour.
If the Materials are not available from a local supplier, the Provider normally orders the Materials and returns on another occasion to continue to perform the Services. The Provider will not charge you for any time spent in obtaining Materials if it has bought or ordered the wrong Materials. In such circumstances it will normally charge for the time spent in making telephone calls to suppliers or its office to locate the required Materials. If you are a Consumer, any additional charges will be agreed with you in advance.
Where the Provider needs to buy Materials in order to perform the Services, you will pay for them in accordance with our payment terms. If the Provider needs to purchase additional materials which are not already set out in the Confirmation message, it will agree this with you in advance and will require you to pay for them at the time it needs to buy them. Until the Materials have been paid for in full (including any applicable delivery charges notified to you), the Provider shall own the Materials.
Where the Provider purchases Materials, you will examine them as soon as you reasonably can after delivery and/or installation.
Some materials, when they are manufactured or made, have inherent imperfections or variations. The Provider will not be in breach of its obligations to provide you with goods which are of satisfactory quality, or comply with any description or that are fit for their purpose where there is an inherent imperfection or variation caused by or due to their making or manufacture or construction.
Any Materials purchased or used in performing the Services will be new and of satisfactory quality and fit for the purpose of being used in connection with the type of services being provided.
If you wish to supply any materials or goods, then the Provider will not be liable as regards whether they are of satisfactory quality or fit for the purpose for which they are to be used.
If you have any particular or special purpose for, or for the use of, the Materials please let the Provider know before it starts using the Materials. Preferably you should let the Provider know about such purpose in writing.
If the amount of Materials the Provider uses is less than the amount originally specified, on completion of the Services the Provider will leave the excess Materials at the property. If you wish the Provider to remove these excess Materials please let the Provider know.
4.3 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. The Provider will only use the personal information you provide to us and/or the Provider to provide the Services to you and, where applicable, to process your payment for the Services.
4.4 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.
4.5 DISCLAIMER AND INDEMNITY
To the extent permitted by law, we exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to our website including, but not limited to, loss or damage you might suffer as a result of:
(i) errors, mistakes or inaccuracies on our website;
(ii) you acting, or failing to act, on any information contained on or referred to on our website or any linked website;
(iii) personal injury or property damage of any kind resulting from your access or use of our website;
(iv) any unauthorised access to or use of our websites secure servers;
(v) any interruption or cessation of transmission to or from our website;
(vi) any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through our website by any third party; or
(vii) the quality or fitness for any purpose of any product or of any linked sites.
Except as expressly provided in these terms and conditions, and to the fullest extent allowed by the law, we will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of our website or our services.
You will at all times indemnify us, and keep us indemnified, including our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms and conditions.
(viii) When the words "writing" or "written" are used in these Terms, such references will include email unless stated otherwise.
(w) Kitset Assembly Experts Limited trading as SoSimple is in no way affiliated or administered by or associated with Kitset Assembly Services Limited and/or any of their franchise operators or retailers mentioned on website.
(wi) Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
(wii) Any phrase using with the terms "including", "include", "in particular", "for example", "assembly", "services", "kitset", "flatpack" or any similar expression or commonly used phrases and expressions shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
4.6 CONSUMER GUARANTEES ACT
Nothing in these terms and conditions is intended to avoid the provisions of the New Zealand Consumer Guarantees Act 1993 (“CGA”) except to the extent permitted by the CGA or to exclude liability arising under any other statute. If you are acquiring services from us for the purposes of a business, you agree that the guarantees provided in the CGA shall not apply. We do not provide any express guarantees (as that term is defined in the CGA) other than those expressly confirmed in these terms and conditions.
4.7 CHANGES TO THESE TERMS AND CONDITIONS
We may, from time to time, add or remove information or services from our website without notice.
We reserve the right to amend these terms and conditions at any time without notice, and we may terminate your access to our website at any time without notice. Your continued use of our website and/or services will represent an agreement by you to be bound by the terms and conditions as amended. You should therefore periodically visit this page to determine the current terms and conditions. Where your access to our website is terminated, all disclaimers and limitations of liability set out in these terms and conditions will survive.
4.8 FORCE MAJEURE
We will not be liable for any errors or delay in performing any of our obligations if such errors or delay is caused by circumstances beyond our reasonable control.
4.9 TRANSFER AND ASSIGNMENT
If we merge, sell or otherwise change control of our business or our website to a third-party, we reserve the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that we have collected from you and any agreements it has made with you.
5.0 WAIVER
Our failure to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by us.
5.1 SEVERABILITY
If any provision of these terms and conditions are found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the terms and conditions, which will continue in full force and effect.
5.2 APPLICABLE LAWS
Our website, services and these terms and conditions 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 and conditions. 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 our website, our services or these terms and conditions.
The information contained on our website has been prepared in accordance with New Zealand law and may not satisfy the laws of any other country. If you choose to access our website from outside New Zealand, you are responsible for compliance with applicable local law.