Terms of Use

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1. Acceptance of Terms

Welcome to the Bloxarynvorm website. These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Bloxarynvorm ("Company," "we," "us," or "our") governing your access to and use of our website, including all content, features, and services offered on or through our platform.

By accessing or using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the website. Your continued use of the website following the posting of any changes to these Terms constitutes acceptance of those changes.

These Terms apply to all visitors, users, and others who access or use the website, whether they browse passively or engage with our container mini-garden setup products and services. We reserve the right to update or modify these Terms at any time without prior notice. It is your responsibility to review these Terms periodically for changes.

2. Definitions

For the purposes of these Terms, the following definitions shall apply:

"Website" refers to the Bloxarynvorm website and all associated web pages, subdomains, and digital properties operated by the Company.
"Services" refers to all products, services, content, features, and functionalities offered on or through the Website, including but not limited to container mini-garden setup kits, planters, soil mixes, seeds, gardening tools, informational content, guides, and customer support.
"User Content" refers to any content, materials, information, or data that users submit, upload, post, or transmit through the Website, including reviews, comments, photographs, and feedback.
"Intellectual Property" refers to all trademarks, service marks, trade names, logos, copyrights, patents, domain names, designs, and other proprietary rights owned by or licensed to the Company.
"Container Mini-Garden" refers to compact gardening setups designed for small spaces such as balconies, windowsills, patios, and indoor environments using containers, pots, or similar vessels.
"Order" refers to a request submitted by you through the Website to purchase products or services from the Company.
"Account" refers to a personal registered user profile created on the Website to access certain features and services.

3. Use of the Website

You may use the Website only for lawful purposes and in accordance with these Terms. You agree to use the Website solely for personal, non-commercial purposes unless you have entered into a separate commercial agreement with us. The Website provides information about container mini-garden setups, gardening tips, product offerings, and related resources specific to New Zealand conditions and climates.

You agree not to use the Website in any way that:

Violates any applicable national or international law or regulation, including but not limited to New Zealand consumer protection laws.
Exploits, harms, or attempts to exploit or harm minors in any way.
Sends, knowingly receives, uploads, downloads, uses, or re-uses any material that does not comply with these Terms.
Transmits or facilitates the sending of any advertising or promotional material without our prior written consent, including any unsolicited or unauthorised advertising, junk mail, spam, or chain letters.
Impersonates or attempts to impersonate the Company, a Company employee, another user, or any other person or entity.
Engages in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which may harm the Company or users of the Website.

We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

4. User Accounts

Certain features and services on the Website may require you to register for an account. When you create an account, you agree to provide accurate, current, and complete information about yourself as prompted by the registration form. You are responsible for maintaining the confidentiality of your account credentials, including your username and password.

You agree to accept responsibility for all activities that occur under your account. You must immediately notify us of any unauthorised use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this obligation.

We reserve the right to disable any user account at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. You may also request to close your account at any time by contacting us at the details provided in the Contact Information section below.

4.1 Account Eligibility

To create an account, you must be at least 18 years of age or the age of legal majority in your jurisdiction, whichever is greater. By creating an account, you represent and warrant that you meet these eligibility requirements. If you are under 18, you may only use the Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

4.2 Account Security

You are responsible for safeguarding the password that you use to access the Website and for any activities or actions under your password. We encourage you to use a strong password that is unique to this Website. You must not disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.

5. Products and Services

Bloxarynvorm offers a range of container mini-garden setup products and services designed for New Zealand gardeners. Our product offerings may include, but are not limited to:

Container mini-garden starter kits and complete setup packages
Planters, pots, and container systems in various sizes and materials
Specialty soil mixes, compost blends, and growing media formulated for container gardening
Seeds, seedlings, and plant selections suitable for container growing in New Zealand climates
Gardening tools and accessories designed for compact gardening spaces
Informational guides, tutorials, and educational content about container gardening techniques
Consultation and advisory services for balcony and windowsill garden design

All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited by law.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the product descriptions or services will be corrected. Product images displayed on the Website are for illustrative purposes only and actual products may vary in appearance.

6. Pricing and Payment

All prices displayed on the Website are listed in New Zealand Dollars (NZD) unless otherwise stated. Prices are inclusive of applicable Goods and Services Tax (GST) as required by New Zealand law. We reserve the right to change our prices at any time without prior notice. Changes to pricing will not affect orders that have already been confirmed.

When placing an order, you agree to pay the full price for the products or services ordered, including any applicable shipping and handling fees. Payment must be made at the time of purchase through the accepted payment methods available on the Website.

6.1 Payment Methods

We accept various payment methods, which may include major credit cards, debit cards, bank transfers, and other payment options as displayed during the checkout process. All payment transactions are processed through secure, encrypted payment gateways. We do not store your full payment card details on our servers.

6.2 Order Confirmation

After placing an order, you will receive an order confirmation via email. This confirmation does not constitute acceptance of your order. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in product or pricing information, or issues identified during payment verification. If your order is cancelled after payment has been taken, a full refund will be issued to your original payment method.

6.3 Shipping and Delivery

Shipping costs and estimated delivery times are calculated during the checkout process and depend on your delivery location within New Zealand. We aim to dispatch all orders within the timeframe stated on the Website, however delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by circumstances beyond our control, including but not limited to courier delays, natural events, or public holidays.

7. Intellectual Property

The Website and its entire contents, features, and functionality, including but not limited to all information, software, text, displays, graphics, photographs, video, audio, design, selection, and arrangement thereof, are owned by Bloxarynvorm, its licensors, or other providers of such material and are protected by New Zealand and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not modify copies of any materials from this Website, use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text, or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

8. User Content

The Website may contain features that allow users to post, submit, publish, display, or transmit content, including but not limited to product reviews, gardening tips, photographs of their container gardens, comments, and other materials ("User Content"). All User Content must comply with the content standards set out in these Terms.

By submitting User Content to the Website, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable, and transferable licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such User Content for any purpose related to the operation and promotion of the Website and our container gardening services.

You represent and warrant that:

You own or control all rights in and to the User Content and have the right to grant the licence set out above.
All of your User Content does and will comply with these Terms.
Your User Content does not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Your User Content does not infringe any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any other party.
Your User Content does not contain any viruses, malware, or other harmful code.

We have the right but not the obligation to monitor, edit, or remove any User Content that we determine in our sole discretion violates these Terms or is otherwise objectionable. We take no responsibility and assume no liability for any User Content posted by you or any third party.

9. Prohibited Conduct

In addition to the restrictions outlined elsewhere in these Terms, you agree that you will not engage in any of the following prohibited activities when using the Website:

Using any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission.
Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful to the Website or its users.
Attempting to gain unauthorised access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attacking the Website via a denial-of-service attack or a distributed denial-of-service attack.
Using the Website to transmit or send unsolicited or unauthorised commercial communications.
Engaging in any activity that interferes with or disrupts the Website or the servers and networks connected to the Website.
Collecting or harvesting any personally identifiable information from the Website, including account names and email addresses, without authorisation.
Using the Website for any purpose that is fraudulent or otherwise unlawful under New Zealand law.
Attempting to decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Website.
Creating false or misleading accounts with fabricated identities or credentials.
Reselling or commercially exploiting the Website content, products, or services without our prior written consent.
Circumventing or attempting to circumvent any security features, access controls, or usage limitations of the Website.

Violation of any of these prohibitions may result in immediate termination of your access to the Website and may expose you to civil and criminal liability under applicable New Zealand and international laws.

10. Disclaimer of Warranties

The Website, its content, and any services or items obtained through the Website are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website.

Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our Website or the server that makes it available are free of viruses or other harmful components, or that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.

The Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose. This disclaimer does not affect any warranties that cannot be excluded or limited under applicable New Zealand law, including the Consumer Guarantees Act 1993.

Any gardening advice, tips, or recommendations provided on the Website are for general informational purposes only. Results may vary depending on local conditions, climate, care provided, and other factors. We do not guarantee specific outcomes from following the gardening information or using the products available on the Website.

11. Limitation of Liability

To the fullest extent permitted by law, in no event will the Company, its affiliates, licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any content on the Website, or any services or items obtained through the Website. This includes any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

Nothing in these Terms excludes or limits our liability for:

Fraud or fraudulent misrepresentation.
Any liability that cannot be excluded or limited under New Zealand law, including rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.
Personal injury or death caused by our negligence.

If any limitation on remedies, damages, or liability set forth in these Terms is found to be unenforceable or inapplicable, the total aggregate liability of the Company shall not exceed the greater of fifty New Zealand dollars (NZD $50.00) or the amount you paid to the Company for the applicable products or services in the twelve (12) months preceding the event giving rise to such liability.

12. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to:

Your violation of these Terms of Use.
Your use of the Website, including but not limited to your User Content, any use of the Website's content, services, and products other than as expressly authorised in these Terms.
Your use of any information obtained from the Website, including gardening advice, product recommendations, or container mini-garden setup instructions.
Any claim that your User Content caused damage to a third party.
Your violation of any applicable law or regulation, including but not limited to New Zealand consumer protection laws.
Your infringement of any intellectual property or other right of any person or entity.

This indemnification obligation will survive the termination of these Terms and your use of the Website. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.

13. Governing Law

These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of New Zealand, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of or related to these Terms of Use or the Website shall be instituted exclusively in the courts of New Zealand, and you consent to the exclusive jurisdiction of such courts. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue in such courts.

13.1 Applicable New Zealand Legislation

Nothing in these Terms is intended to limit or override your rights under mandatory New Zealand consumer protection legislation, including but not limited to:

The Consumer Guarantees Act 1993, which provides guarantees in relation to the supply of goods and services to consumers.
The Fair Trading Act 1986, which prohibits misleading and deceptive conduct in trade.
The Contract and Commercial Law Act 2017, which governs certain aspects of contracts and commercial transactions.
The Privacy Act 2020, which governs the collection, use, storage, and disclosure of personal information.

Where these Terms conflict with any mandatory provision of New Zealand law that cannot be contracted out of, the relevant provision of New Zealand law shall prevail to the extent of the inconsistency.

13.2 Dispute Resolution

In the event of any dispute arising out of or in connection with these Terms, the parties agree to first attempt to resolve the dispute through good faith negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may refer the dispute to mediation administered by the New Zealand Dispute Resolution Centre or a similar independent body. If mediation is unsuccessful, either party may pursue legal remedies as set forth above.

14. Modifications to Terms

We reserve the right to revise, amend, or modify these Terms of Use at any time at our sole discretion. Any changes will be effective immediately upon posting the revised Terms on the Website. We will indicate the date of the last revision at the top of this page by updating the "Last updated" date.

It is your responsibility to check these Terms periodically for changes. Your continued use of the Website following the posting of any revised Terms means that you accept and agree to the changes. If you do not agree to the new Terms, you must stop using the Website.

We may also, in our discretion, choose to alert users to material changes to these Terms by placing a notice on the Website or by sending an email to registered users. However, our failure to provide such notice shall not affect the validity or enforceability of the updated Terms.

We encourage you to review these Terms regularly to stay informed about our terms and conditions. Any changes to these Terms are effective as of the date shown above and will apply to all access to and use of the Website from that date forward.

15. Contact Information

If you have any questions, concerns, or feedback about these Terms of Use, or if you wish to report any violations or issues regarding the Website, please do not hesitate to contact us using the following details:

Email: chat@bloxarynvorm.world
Phone: +64 9 579 1600
Address: 13-15 Walls Road, Penrose, Auckland 1061, New Zealand

We strive to respond to all enquiries within a reasonable timeframe. For time-sensitive matters, we recommend contacting us by phone during our regular business hours. Please include your full name, contact details, and a detailed description of your enquiry so that we can assist you promptly and efficiently.

By using this Website, you acknowledge that you have read, understood, and agree to these Terms of Use in their entirety.