Terms and Conditions
This web site and its contents (www.aqualyte.co.nz) is owned by Performance Sport Distribution Ltd.
The Terms and Conditions govern the use of this Web Site.
Performance Distribution Ltd reserves the right to amend these Terms and Conditions at any time with out notice. We therefore encourage you to check this document regularly.
The Terms and Conditions are governed by and to be construed in accordance with the laws of New Zealand. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of New Zealand. In the event that any provision of the Terms and Conditions is held to be invalid, illegal or unenforceable, that provision must to the extent of the invalidity, illegality or unenforceability be ignored and all the other provisions of the Terms and Conditions will remain in full force and effect.
Performance Distribution Ltd makes no representation that the content of the website complies with the laws of any country outside New Zealand. All rights not expressly granted herein are reserved.
Links to Third Party Sites & Third Part Advertisements
Performance Distribution Ltd assumes no responsibility and accepts no liability for the condition or content of third party web sites that may be linked to or accessed from the Web Site. Except as Performance Distribution Ltd may specifically direct otherwise, Performance Distribution Ltd does not authorise the content of those third party web sites. The Web Site may also contain third party advertisements, which contain embedded hyper-links to web sites operated by third parties. The placement of third party advertisements on this Web Site does not necessarily constitute the recommendation or endorsement of Performance Distribution Ltd for such goods or services. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services, which you agree to purchase from those third parties.
Competitions and Promotions
Certain parts of the Web Site may contain competitions or promotions from Performance Distribution Ltd or third parties. The terms and conditions for those competitions and promotions will be specified on the relevant part of the Web Site from time to time. By entering or participating in the relevant competition or promotion you agree to be bound by the relevant terms and conditions. Notwithstanding any specific terms and conditions, Performance Distribution Ltd specifically retains the rights, at any time and without notice, to remove, alter or add to competitions or promotions on the Web Site without any liability to you.
This Web Site may contain a viral component whereby individuals can send emails to their friends via the Web Site. Individuals who send viral emails via this Web Site warrant that they will not send these viral emails to people who would not consent to receiving them.
Disclaimer and Liability
This Web Site is provided on an “as is” basis. While Performance Distribution Ltd has used its best endeavours to ensure that the information contained on and accessed through the Web Site is correct and current at the time of publication, Performance Distribution Ltd does not accept responsibility for any error, omission or defect in the information.
To the fullest extent permissible by law, Performance Distribution Ltd, its affiliated companies and their directors, employees, agents and contractors:
- Do not make any representation, warranty or endorsement of any kind, express or implied, as to the operation of the Web Site, your access to the Web Site or results of your access, or the information, content, materials or products on the Website; and
- Do not warrant that the functions on the Website will be uninterrupted or error-free, that any defects will be corrected or that the server which stores and transmits content to you is free of viruses or other harmful components.
Subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on the part of Performance Distribution Ltd, its affiliated companies or their directors, employees, agents and contractors) will Performance Distribution Ltd, its affiliated companies or their directors, employees, agents or contractors accept liability for any indirect, incidental, special and/or consequential damages or loss of profits resulting from any use or access, or any inability to use or access the Web Site, or arising out of or in connection with any goods or services supplied by Performance Distribution Ltd.
You agree to indemnify and keep indemnified Performance Distribution Ltd, its affiliated companies and their officers, employees, agents and contractors (“those indemnified”) in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to the your use of the Web Site (or any part of it) or the violation of these Terms and Conditions by you, or the infringement by you, of any intellectual property or other right of any person or entity.
Intellectual Property & Restrictions on Use of Content
The Web Site is subject to copyright © under New Zealand law and under international treaties, the laws of many other countries. The Web Site contains trademarks, intellectual property and copyright © protected works which is owned by Performance Distribution Ltd and third parties. Except for the direct purpose of viewing, accessing or interacting with the Web Site for your own personal use or as otherwise indicated on the Web Site or these Terms and Conditions, you must not copy, communicate to the public, adapt, transfer, distribute or store any of the contents of the Web Site, or incorporate any part of the Web Site into another web site without Performance Distribution Ltd’s express consent.
Termination and Cancellation
Performance Distribution Ltd reserves the right in its sole discretion to revise the content of, amend links from, or withdraw access to the Web Site, at any time without notice. Without limiting the operation of any other Terms and Conditions herein, Performance Distribution Ltd will not be held liable for loss or damage arising from the exercising of these rights. Any indemnities given by you and limitations on Performance Distribution Ltd’s liability will survive such termination.