RPM Discs Terms and Conditions (Website Use)

Last updated: April 2023

Agreement to Terms

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Disc Golf Aotearoa, doing business as RPM Discs (“RPM Discs”, “we”, “us”, or “our”), concerning your access to and use of the https://rpmdiscs.com website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in New Zealand and have our registered warehouse at 65 Church St, Onehunga, Auckland 1061. Our GST number is 89-508-949. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use.

IF YOU DO NOT AGREE WITH ALL THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

 

Terms & Conditions

Terms of Use

Your use of this Website is subject to these terms of use and all applicable laws. By using this website, you agree to be bound by these terms of use.

 

Exclusions/Limitation of Liability

We make no warranties or guarantees, except for such guarantees and warranties as cannot be excluded as a matter of law, and all warranties, descriptions, representations, or conditions whether implied by law, trade, custom, or otherwise are hereby excluded and all liability of rpmdiscs.com whether in tort, including negligence, contract or otherwise is expressly excluded to the full extent permitted by law. The guarantees implied by the Consumer Guarantees Act 1993 and the Fair Trading Act are expressly excluded where the consumer is acquiring goods or the Services for the purpose of a business. Where you are buying any products or services from us for other than business purposes, then these terms of use shall be interpreted subject to your rights under any specific statute which protects consumer rights.

The liability of rpmdiscs.com arising from any cause whatsoever, including but not limited to any damage, loss, cost, claim, or expense arising out of or relating directly or indirectly to:

    1. Any information, document, including any agreement, form, or user guide purchased via this website; or
    2. Your use of this website, interruption, delay, or impairment in the functioning, operation or availability of our website, exposure to or transmission of any computer virus, internet access difficulties in connection with our website, or malfunction in equipment or software.
    3. Your use of or reliance on information contained or accessed through this website.

Any breach of your warranties stated in these terms of use shall be limited to a refund of the cost of the purchase and/or the resupply of the order at the option of RPM Discs.

 

Governing Law

These terms of use and the provision of goods and service by us are governed by and to be interpreted in accordance with the laws in force in New Zealand and in the event of any dispute arising in relation to these terms of use or their subject matter you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand over such dispute.

 

Your Use of this Website

You agree to:

    • Follow our instructions when you make a purchase.
    • Use any information from our website strictly in accordance with the terms of the Licence to use set out below.

 

Purchases and Delivery

By purchasing from this website, you specifically acknowledge and agree that:

    • When you purchase from this website, these terms of use constitute the entire contract between us and you, and it is expressly agreed that there are no other understandings, representations, or warranties of any kind forming part of our contract with you, unless you are a distributor, in which case our terms and conditions apply as per our written agreement.
    • We do not guarantee that this website is free from errors or faults. We will, however, make our best efforts to ensure that the information available on this website is accurate. We shall be entitled at any time to correct any errors or omissions and make amendments to or add or remove items without notice.
    • You must satisfy yourself that any item purchased from us is suitable for the purpose for which you require it, and we are under no liability if they are not.
    • Items purchased will be delivered to the shipping address as notified by you.
    • We accept no responsibility for problems you may have in making payment through a web page of our payment service provider.
    • We shall not be liable to you for any delay in the delivery of orders, although we will endeavor to reasonably assist you with any problems you are experiencing.

 

Linked Websites / Newsletters

    • Where links to any third-party websites are provided, they are provided for convenience only.
    • You may only create links from this website to external websites where you are entitled to do so and where the creation of the link does not otherwise breach these terms. Also, you may only create links to this website from external websites with our prior written permission.

 

Electronic Communications

Whenever you use this website or send emails to us, you are communicating with us electronically. This means you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.

 

Privacy Policy

If you provide us with personal information through your use of this website, this information may be retained by us in our database. You have a right under the Privacy Act 1993 and GDPR to access any personal information held about you or to request us to delete any such information. By accepting these Terms of Use, you are acknowledging that you have read and accept our Privacy Policy, which is on our site. We will never sell your information to any third party or business.

 

Disclaimers

We are not responsible for ensuring that the information that you access or make available through using this website will be private or secure or free from viruses or other harmful things. We do not and cannot guarantee availability of our website and services or that there will be no interruptions or delays in relation to our website or services. This is because the availability or quality of this website may be affected by conditions beyond our control, including, for example, but not limited to network problems, human or technical error, atmospheric, geographic, or topographic conditions.

We are not responsible to you, or anyone else for any information that does not originate directly from us, any links we provide to third-party sites, or information at or accessible from those sites or any loss or damage arising from your use of this website. Further, we assume no responsibility for the corruption of any data or information held by us. Please review our Legal Disclaimer here.

 

General

This Website is owned and operated by Disc Golf Aotearoa Limited T.A. RPM Discs, a registered company in New Zealand (“we, us, our”).

We may transfer our obligations pursuant to this website and these terms of use to any person, including a related company (as defined under the Companies Act 1993) without notice to you. If we do this, then we will not be liable for any act or omission by any transferee arising in relation to these terms of use after such transfer.

Each term of these terms of use is separately binding. If for any reason any term cannot be relied on, all other terms remain binding.

You acknowledge that you are not relying on any statement or representation in any form made by us or on our behalf in relation to the suitability of any item advertised on this website, and you expressly agree not to commence any proceeding or action arising from any statement or representation not set out in these terms of use.