Terms of Use

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 Flixerongroz ("Company," "we," "us," or "our"), concerning your access to and use of our website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto.

You agree that by accessing the website, you have read, understood, and agreed to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the website and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change.

Intellectual Property Rights

Unless otherwise indicated, the website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the website (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights.

The Content and the Marks are provided on the website "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the website, you are granted a limited licence to access and use the website and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the website, the Content and the Marks.

User Representations

By using the website, you represent and warrant that:

• All registration information you submit will be true, accurate, current, and complete
• You will maintain the accuracy of such information and promptly update such registration information as necessary
• You have the legal capacity and you agree to comply with these Terms of Use
• You are not a minor in the jurisdiction in which you reside
• You will not access the website through automated or non-human means, whether through a bot, script, or otherwise
• You will not use the website for any illegal or unauthorised purpose
• Your use of the website will not violate any applicable law or regulation

Products and Services

All products and services displayed on our website are subject to availability. We reserve the right to discontinue any product or service at any time without notice. Prices for products are subject to change without notice. We reserve the right to refuse any order placed with us.

We have made every effort to display as accurately as possible the colours and images of our products that appear on the website. We cannot guarantee that your computer monitor's display of any colour will be accurate. Due to the handmade nature of our jewelry, slight variations in appearance may occur between products.

Purchases and Payment

We accept various forms of payment for purchases made through our website. You agree to provide current, complete, and accurate purchase and account information for all purchases made on our website. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in New Zealand Dollars unless otherwise specified. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order.

Prohibited Activities

You may not access or use the website for any purpose other than that for which we make the website available. The website may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us. As a user of the website, you agree not to:

• Systematically retrieve data or other content from the website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
• Circumvent, disable, or otherwise interfere with security-related features of the website
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the website
• Use any information obtained from the website in order to harass, abuse, or harm another person
• Make improper use of our support services or submit false reports of abuse or misconduct
• Use the website in a manner inconsistent with any applicable laws or regulations
• Engage in unauthorised framing of or linking to the website
• Upload or transmit viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the website
• Engage in any automated use of the system, such as using scripts to send comments or messages
• Delete the copyright or other proprietary rights notice from any Content
• Attempt to impersonate another user or person or use the username of another user
• Interfere with, disrupt, or create an undue burden on the website or the networks or services connected to the website
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the website to you
• Copy or adapt the website's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code
• Use the website as part of any effort to compete with us or otherwise use the website and/or the Content for any revenue-generating endeavour or commercial enterprise

User Generated Contributions

The website may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the website. Any submissions you make are considered non-confidential and non-proprietary.

Contribution Licence

By posting your contributions to any part of the website, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such contributions for any purpose, commercial, advertising, or otherwise.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the website ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Website Management

We reserve the right, but not the obligation, to:

• Monitor the website for violations of these Terms of Use
• Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use
• Refuse, restrict access to, limit the availability of, or disable any of your contributions or any portion thereof
• Remove from the website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems
• Otherwise manage the website in a manner designed to protect our rights and property and to facilitate the proper functioning of the website

Term and Termination

These Terms of Use shall remain in full force and effect while you use the website. Without limiting any other provision of these Terms of Use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the website to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Use or of any applicable law or regulation.

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our website. We also reserve the right to modify or discontinue all or part of the website without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the website. We cannot guarantee the website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the website, resulting in interruptions, delays, or errors.

Governing Law

These Terms shall be governed by and defined following the laws of New Zealand. Flixerongroz and yourself irrevocably consent that the courts of New Zealand shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

Dispute Resolution

Any dispute arising out of or in connection with these Terms of Use, including any question regarding its existence, validity, or termination, shall first be attempted to be resolved through informal negotiation. If the dispute cannot be resolved through informal negotiation, it shall be referred to and finally resolved by the courts of New Zealand.

Corrections

There may be information on the website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the website at any time, without prior notice.

Disclaimer

The website is provided on an as-is and as-available basis. You agree that your use of the website and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the website and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitations of Liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the website, even if we have been advised of the possibility of such damages.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of your use of the website.

Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the website or in respect to the website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

Contact Us

In order to resolve a complaint regarding the website or to receive further information regarding use of the website, please contact us at:

Flixerongroz
7010/56 Bridge Street
Nelson 7010, New Zealand
Phone: +64 3 548 0487
Email: question@flixerongroz.world