Overview and General

Us, our or we refers to Nitrobyte Limited. This website is owned and operated by Nitrobyte Limited. Nitrobyte Limited offers this website and its contents to you, conditional upon you accepting the following terms, polices and conditions stated here, on this website. Terms and Conditions, Terms of Service, Policies or any similar language found here refers to this agreement.

By visiting this site and/or making a purchase from us you agree to be bound by the terms stated here, as well as those referenced herein and/or available via webpage link.

Please read the following terms and conditions carefully before using or accessing our website. These terms apply to all parts of the site and all services we offer. If you don’t accept these terms, you can’t use our website or services. If these Terms and Conditions are considered an offer, you may only accept them as they are.

We may add new features or tools to our store and they will also be subject to these Terms of Service. You can always find the latest version of these terms on this page. We may change these terms at any time by posting the new version on our website. It is recommended that you should check this page every time you access this website to see if there are any changes. If you keep using or visiting our website after we post any changes, you agree to the new terms.

This website and our services are designed and provided exclusively for those who reside within New Zealand. By using this website or our services, you understand and accept this.

These terms and conditions do not include our Returns Policy, Shipping Policy or our Privacy Policy. However, those policies are still part of this agreement and you must follow them. You can find our Returns Policy, Shipping Policy and our Privacy Policy on our website. By using our website or services, you agree to our terms and conditions and our policies.

Online store terms

You must be at least 18 years old to agree to these terms and conditions. If you are under 18, you must have the consent of your parent or legal guardian to use our website or services. By using our website or services, you confirm that you meet this age requirement or have the necessary consent. If we find out that you are under 18 and do not have the consent of your parent or legal guardian, we may terminate your account and access to our website or services.

You must not use our website or services in any way that breaks the law or infringes the rights of others. This includes, but is not limited to, hacking, spamming, harassing, defaming, or stealing. By using our website or services, you agree to comply with all applicable laws and regulations. If we find out that you are using our website or services in an illegal or harmful way, we may suspend or terminate your account and access to our website or services.

You do not have to pay anything to use our Website, but you may have to pay for some specific services or products that we offer on our Website.

We do not promise that our Website or the content on it will always be online or working properly. We have the right to stop, change, or remove any part of our Website whenever we want without notifying you. We do not accept any responsibility for any issues you may face if our Website is not available or functioning for any reason or any duration.

We make no representations or assurances that our Website will be safe or protected from any malicious software or attacks that may compromise its security or functionality. You are responsible for using your own antivirus software and precautions when accessing our Website or any website linked to it. We disclaim any liability for any damage or loss to your computer system that may result from using our Website or any linked website, which may contain bugs, viruses or malware.

All prices listed on our platform are expressed in New Zealand dollars (NZD).

You are in charge of making all the necessary arrangements for your to access our Website.

Orders

We reserve the right to refuse any order or service at our sole discretion. We may do this for any reason, including, but not limited to, availability, quality, price, or error. By using our website or services, you agree that we are not liable for any loss or damage that may result from our rejection of your order or service.

We do our best to ensure that the products displayed on our website are in stock. However we do not guarantee the availability of any products that we display on our website. We may run out of stock or discontinue certain products at any time without notice. You agree that we are not liable for any loss or damage that may result from your inability to purchase any products that are out of stock or discontinued.

Shipping costs are not included in the product prices and will be calculated at checkout.

If we display a product with an incorrect price, description, or image because of a mistake or oversight, we may cancel your order. If we have charged your credit card, we will refund the full amount as soon as reasonably possible.

GST will be charged on every transaction because Nitrobyte Limited is a GST registered business.

Limitation of Liability

To the extent permitted by law, we are not liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from or in connection with your use of our services or products, including but not limited to loss of profits, revenue, data, business opportunity, goodwill or other intangible losses.

You agree to indemnify, defend and hold harmless us and our affiliates, officers, directors, employees, agents, licensors and suppliers from and against any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorney’s fees).

Our total liability to you for any claim or cause of action arising from or in connection with your use of our services or products is limited to the amount paid by you for the services or products that gave rise to the claim or cause of action.

We are not liable for any loss or damage that arises from your use of or reliance on any third-party websites, products, services, or content that are linked to or from our website or services.

You agree to indemnify and hold us harmless from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or in connection with your breach of these terms and conditions or your violation of any applicable law or regulation.

Some laws in New Zealand may prevent us from limiting or excluding some types of liability. If so, those limitations or exclusions do not apply to you to the extent that they are prohibited by law.

We have specific policies for Warranties and Privacy that apply to your use of our services or products. You can find them on our website or contact us for more information. By using our services or products, you agree to be bound by these policies.

Intellectual Property

We own or have the right to use all the IP on our website, including but not limited to our name, logo, trademarks, trade names, domain names, content, design, layout, graphics, images, software, and code. All these IP are protected by New Zealand and international laws and treaties.

You may access and use our website and its IP for your personal and non-commercial purposes only. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish, license, create derivative works from, or otherwise exploit any of our IP without our prior written consent.

You may not use any of our IP in a way that is misleading, deceptive, defamatory, infringing, or otherwise unlawful or harmful to us or any third party. You may not use any of our IP in connection with any product or service that is not ours or that competes with us.

You grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and sub-licensable license to use any IP that you post, upload, or submit to our website or through our services. You represent and warrant that you own or have the right to use such IP and that such IP does not violate any laws or rights of others.

We are not affiliated with, endorsed by, or responsible for any third-party websites, products, services, or content that may be linked to or from our website or services. You access and use them at your own risk and discretion.

We reserve the right to remove any IP that we deem inappropriate or unlawful from our website or services at any time without notice. We also reserve the right to take any legal action against anyone who violates our IP rights or this section of our terms and conditions.

Accessible information

We make reasonable efforts to ensure that the information on our website and services is accurate, complete, and up-to-date. However, we do not warrant or represent that the information is free from errors or omissions, or that it meets your specific needs or expectations.

You acknowledge and agree that you are solely responsible for verifying the accuracy, completeness, and timeliness of any information that you use or rely on from our website or services. You assume all risks and consequences of using or relying on such information.

We are not liable for any loss or damage that may result from your use of or reliance on any inaccurate, incomplete, or outdated information on our website or services.

Account Credit

Credit Accumulation: Account holders have the potential to gather credit via a range of activities. This can include, but is not limited to, receiving refunds, redeeming gift cards, or making customer referrals. Please note that these actions do not guarantee credit accumulation, but they may contribute to it.

Non-Withdrawal: Unless otherwise agreed in writing, the credit accumulated in a user’s account is strictly for use within our platform and cannot be withdrawn. This includes, but is not limited to, converting the credit into cash or transferring it to other accounts.

Written Agreement: In exceptional circumstances, withdrawal of account credit may be permitted. However, this is subject to our discretion and requires a written agreement between the user and us.

Privacy

We respect your privacy and are committed to protecting your personal information. We collect, use, and disclose your personal information in accordance with our privacy policy. By using our services, you consent to our privacy policy and agree to provide us with accurate and complete information. If you have any questions or concerns about how we handle your personal information, please contact us.

Returns

The terms and conditions for returns, refunds and warranty are covered in our Return Policy. By using our services, you consent to our Returns Policy. If you have any questions or concerns about our Returns Policy please contact us.

Payments

You agree to give us true, correct and complete credit card information and to pay the charges that you owe with your credit card. Also to pay the charges that you owe at the prices shown, including any shipping fees and taxes.

Delivery

The shipping policy stated here is only part of a larger policy that applies to your purchase. You can find the full shipping policy here. The Returns Policy also includes some policies relating to shipping and it is advised to read that as well. Please read both of them carefully as they are still binding and a part of this agreement.

When you receive your products, please check the number of packages and their condition before you sign or accept them. If they are damaged or missing, do not sign or accept them. Tell the delivery driver, courier company and us right away. We reserve the right to not accept any claim when the delivery has been accepted

We aim to deliver your products on time, but we do not pay for any loss or damage if they are late. If you do or don’t do something that stops the delivery of your products as we agreed, we are not liable.

The delivery fee may be included in the price or added to it, depending on our decision. We will tell you the delivery fee before you order.

We may deliver your products in more than one package at our discretion.

Governing Law

These terms and conditions and any issues related to them are subject to the laws of New Zealand. You and we agree to follow the legal rules and principles of New Zealand when we enter into and perform this contract. You and we also agree that any legal action or dispute arising out of or relating to these terms and conditions or your use of our products or services will be brought before and decided by the courts of New Zealand. You and we give up any right to object to the jurisdiction or location of the courts of New Zealand for any reason.

Even if a court finds any part of these terms of service to be illegal, invalid, or not binding, that part will still be enforced as much as the law allows, and the rest of the terms of service will not be affected.

Changes to Terms and Conditions

We reserve the right to change these terms and conditions at any time, at our sole discretion and without prior notice to you. Any changes will be effective immediately upon posting on our website, unless we are required by law to give you advance notice. You are responsible for reviewing the updated terms and conditions and staying informed of any changes.

If you continue to use our products or services after the changes take effect, you agree to be bound by the updated terms and conditions. If you do not agree to the changes, you must stop using our products or services and cancel your account.

Other Terms That May Apply

Our Returns Policy, Privacy Policy and Shipping Policy are also part of our legal terms. Please read them carefully as well.

Contact

If you have any questions or concerns about our Terms and Conditions please contact us.