Website Terms of Use

1. Application

   1. Reduced to Clear Limited (company number 1204037) (Company, we, us or our) operates a website (Website) that enables users (you) to receive information in relation to the goods offered by the Company (Goods).
   2. These terms and conditions (Terms) apply to any use of the Website, our social media sites or blogs including, but not limited to, Facebook, Instagram and LinkedIn (together, the Sites). Use of the Sites includes accessing or browsing the Sites.
   3. By using the Sites, you confirm that you accept these Terms and agree to comply with them.
   4. If you do not accept these Terms, you are not authorised to access or use the Sites, and you must stop doing so.
   5. These Terms do not apply to eCommerce websites (such as Shopify) or any other website. Shopify Customer Terms of Service apply, and you agree to comply with those terms and conditions.

2. Your Account

   1. If you have an account on the Website, you are responsible for keeping your account secret and secure.
   2. You may suspend your account on the Website at any time. However, you acknowledge that we may retain your profile information for our records in accordance with our Privacy Policy.
   3. We reserve the right in our sole discretion to decline to register you as a user of the Website or terminate your registration. Without limiting that right, we may terminate your registration if we receive any complaints about you, you breach these Terms or any of our other applicable policies or terms and conditions, or you create an account using false information.

3. Emails

   1. You agree that we may send you emails relating to your registration to the Website, transactions you undertake through the Website, and for marketing purposes.
   2. You can opt out of receiving marketing emails by following the instructions at the bottom of the marketing emails.

4. User-generated Content

   1. The Sites may include information and materials uploaded by other users of the Sites, including to social media pages, video-sharing sites and bulletin boards (among others). This information and these materials have not been verified or approved by us. The views expressed by other users on the Sites do not represent our views or values.
   2. You must not use the Sites for any malicious means or to harass, abuse, threaten, intimidate, or impersonate any other user.
   3. You may not use the Sites for any illegal or unauthorised purpose, or post any information or data that is in breach of any confidentiality obligation, copyright, trademark, or other intellectual property or proprietary rights of any person or entity.

5. Links to Other Websites

   1. The Sites may contain links to other websites. These links are provided for your information only, and we have no control over the content or privacy practices of those websites. By using the Sites, you agree that we will not have any liability to you or any other person arising from your use of any third-party website. It is your responsibility to ensure that you are aware of and comply with the terms and conditions of any third-party website.
   2. Any links to other websites should not be construed as an endorsement, approval, or recommendation of the businesses or organisations associated with those websites or anything referred to or contained on those websites, unless and to the extent we have specified to the contrary.
   3. You may not link your website to the Sites without our prior written consent.

6. Intellectual Property

   1. We own (or licence (as applicable)) all intellectual property rights in the Sites. You must not use or distribute our intellectual property without our prior written consent.
   2. You must not use, modify, publish, licence, create derivative works from, transfer, or sell any copyright material, information, materials, software, products, or services obtained from the Sites without our prior written consent.
   3. You grant us a perpetual, non-exclusive, irrevocable, royalty-free licence to use any content you upload to the Sites including for marketing purposes and to make available to other users of the Sites.

7. Prohibited Uses

   1. You must not use the Sites:
   1. In any way that breaches any relevant law or regulation;
   2. In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
   3. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
   4. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of the Sites, or any computer software or hardware.
   2. You also agree not to:
   1. Reproduce, duplicate, copy, or re-sell any part of the Sites;
   2. Access (without authority), interfere with, damage, or disrupt:
   1. Any part of the Sites;
   2. Any equipment or network on which the Sites are stored;
   3. Any software used in the provision of the Sites; or
   4. Any equipment or network or software owned or used by any third party.

8. Information

   1. The content on the Sites is general information only and not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Sites.
   2. Although we make reasonable efforts to ensure the information on the Sites remains up to date, we make no warranties or guarantees, whether express or implied, that the content on the Sites is accurate, complete or up to date.

9. Disclaimer

   1. To the extent permitted by law, we do not warrant that:
   1. Any information provided on the Sites is free from errors, reliable, accurate, or complete;
   2. The Sites, or any content on them, will always be available or uninterrupted. Access to the Sites is permitted on a temporary basis. We may suspend, withdraw, discontinue, or change all or any part of the Sites without notice; or
   3. The Sites will be secure or free from bugs or viruses.

10. Liability

    1. We will not be liable:
    1. If the Sites are unavailable at any time or your use of the Sites is interrupted;
    2. For any corruption of data or information held by us; and
    3. To the fullest extent permitted by law, for any loss (including, without limitation, consequential loss, loss of profits or loss of data), damage, cost, or expense of any kind suffered or incurred in connection with your use of the Sites, including (without limitation) any action taken or reliance made by you on any information or material posted by us.

11. Breach

    1. Your failure to comply with these Terms may result in any of the following (at our sole discretion):
    1. Our immediate, temporary, or permanent withdrawal of your right to use the Sites;
    2. Our issuing of a warning to you;
    3. Legal proceedings or other legal action against you; and/or
    4. Disclosure of information to the Police (or other applicable law enforcement authorities) as we reasonably consider to be necessary or as required by law.

12. Online Competitions and Promotions

    1. Competition terms and conditions can be found associated with each promotion (if any).

13. Products

    1. In these Terms, the products supplied by the Company (Products) are subject to availability.
    2. All Products listed on the Website are subject to availability, and the prices of the Products (Prices) remain valid only while stocks last. The Company reserves the right to update or change Products and Prices without prior notice.
    3. You acknowledge that our Prices reflect the fact that our Products may be past their best before date. By purchasing our Products, you acknowledge and are aware of this. To the extent permitted by law, we will not be liable for any issues arising from Products being sold past their best before date.
    4. We may, at our sole discretion, limit quantities of Products or place restrictions on the purchase of Products by a single consumer.

14. Online Purchase of Products

    1. You may place an order (Order) for Products with the Company through the Website.
    2. If you elect to place an Order through express checkout with a third-party provider (e.g., Shop Pay or Google Pay) or otherwise access and use a third-party provider’s platform through our Website (Third-Party Platform), you acknowledge that your use of the Third-Party Platform is governed by that third party’s terms and conditions. To the extent that the Third-Party Platform is not controlled by us, you agree to be bound by and comply with the applicable third party’s terms and conditions and acknowledge that we have no liability whatsoever arising from or relating to your use of the Third-Party Platform.
    3. We reserve the right to refuse any Order placed with us (including if that Order cannot be fulfilled due to Product availability). If we cancel your Order, you will be refunded at the time of cancellation of the Order. Once placed, you cannot cancel an Order other than with our written consent.
    4. Delivery of Products will be deemed to have taken place when the Company delivers the Products to the delivery location specified by the Customer in the Order (Delivery Location). We will use reasonable endeavours to pack and protect the Products against damage and deterioration but will not be liable for any damage to the Products which occurred during delivery or transit.
    5. You must inspect and accept or reject (as the case may be) the Products no later than three days after the date they are delivered to the Delivery Location (Delivery). You must immediately inform us of any shortfall, damage, or other issues relating to the Products (Issues). If you fail to inform us of any Issues, you will be deemed to have accepted the Products and we will have no liability to you.
    6. In relation to Products, we warrant that:
    1. The Products will comply and conform with the Order, be fit for any purpose that the Customer makes known to the Company, and comply with all applicable legislation, regulations, and codes of practice;
    2. The Products will be appropriately packaged and securely stored until Delivery to minimise the risk of damage or theft;
    3. At the time of Delivery, the Products will be free of any lien, encumbrance, or security interest (as defined in the Personal Property Securities Act 1999); and
    4. The Products will, for at least six months from the date of Delivery, be fit for the expected use and purpose and free from any defect in design, materials, workmanship, or title.
    7. To the fullest extent permitted by law, our liability in relation to an Order, whether arising in contract, tort (including negligence), or otherwise, is limited to either:
    1. Replacement of the Products contained in the Order; or
    2. A full refund of the price of the Products contained in the Order and paid to us by you.

15. Consumer Guarantees and Fair Trading

    1. You agree and acknowledge that the Consumer Guarantees Act 1993 (CGA), the Fair Trading Act 1986 (FTA), and other statutes may impose warranties, conditions, or obligations on us which cannot by law (or can only to a limited extent by law) be excluded.
    2. Other than as expressly provided for in these Terms, we exclude all such imposed warranties, conditions, or obligations to the maximum extent permitted by law and exclude any warranty, condition, or obligation imposed or implied under common law, equity, or otherwise.

16. General

    1. You acknowledge that we may collect, use, and disclose personal information about you in accordance with our Privacy Policy, which is available on the Sites and also applies to your use of the Sites.
    2. You acknowledge that by using our Sites, you agree to the policies published on our Website from time to time, including but not limited to our refund policy and shipping policy.
    3. We may vary these Terms from time to time. We will provide notice of the change by uploading the updated Terms on the Website. After providing such notice, you will be deemed to have accepted those updated Terms if you continue to use the Sites or the goods provided by us.
    4. If any provision in these Terms is found by a court or other competent authority to be invalid, void, or unenforceable, such provision will be deemed to be deleted, and the remaining provisions will continue in full force and effect.
    5. A failure by us to exercise or a delay in exercising any right under these Terms will not operate as a waiver of that right.
    6. The law of New Zealand applies to these Terms and the transactions contemplated by them. The New Zealand courts have jurisdiction in respect of these Terms and the transactions contemplated by them.