Terms and Conditions of Conversational Commerce
1. General Provisions
1.1 Estee Lauder Limited, an affiliate of The Estée Lauder Companies Inc. (NYSE:EL) and incorporated under the laws of New Zealand with its business address at Level 1, Building 10 Central Park, 666 Great South Road, Ellerslie, Auckland, 1051 , New Zealand (hereinafter “we” or “us” or “our”), offers products of Jo Malone London (hereinafter the “Products”) for sale and certain services (including but not limited to virtual consultation) directly to consumers in New Zealand (hereinafter “you” or “your”) through the Conversational Commerce Platforms (as detailed below). The sale of the Products and the provision of services through the Conversational Commerce Platforms is subject to the following terms and conditions, as amended from time to time (hereinafter the “Terms and Conditions”).
The Conversational Commerce Platforms refer to (i) Jo Malone London’s official accounts on certain messaging and/or social media apps, including but not limited to Facebook Messenger (Jo Malone London New Zealand Concierge) (hereinafter collectively, the “Third-Party Apps”) which enable you to have a real-time chat with our Jo Malone London stylists, or through a chatbot, for exploring and/or placing an Order (as defined below) for our Products; and (ii) other third-party software technology platform(s) engaged by us for communicating the Products information and/or facilitating the Order generation and completion.
2.1 You must be 18 years old or the age of majority in your jurisdiction in order to make a purchase or book a service through the Conversational Commerce Platforms. If you are under 18 years old or the age of majority in your jurisdiction, you may not make such purchase.
2.2 We must limit each Order to eight (8) units of any single item, with a maximum purchase of fourteen (14) items per Order. In addition, we must also limit the Orders to no more than three (3) Orders per consumer per day.
The Products and services made available to you hereunder, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the Products or samples that you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of an Order to be fulfilled or the Products or services to be provided to you that we believe, in our sole discretion, may result in the violation of the Terms and Conditions.
2.3 We only deliver to addresses within New Zealand. Any Orders placed for delivery to addresses outside New Zealand will be automatically cancelled.
3. Products Information and Availability
3.1 We may share with you, through the Conversational Commerce Platforms, certain information of our Products and/or our promotions, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, button icons, images, audio clips, data compilations, and the compilation and organisation thereof (hereinafter collectively, the “Content”). All information on the Conversational Commerce Platforms is an invitation to treat only and is not an offer or a unilateral contract.
3.2 We endeavor to be as accurate as possible when describing our Products and providing information through the Conversational Commerce Platforms; however, on rare occasions the Product descriptions, colors, information or other Content made available may not be accurate, complete, reliable, current, or error-free. If you have placed an Order and we become aware of any such inaccuracy or error, we will endeavor to let you know and, if we have accepted your Order, we will refund you if you no longer wish to receive the Product(s).
3.3 The Conversational Commerce Platforms (including but not limited to the order form pages) may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and/or availability, and we reserve the right to cancel or refuse to accept any Order placed based on incorrect pricing or availability information. We apologise for any inconvenience.
3.4 All Products should be used strictly in accordance with their instructions, precautions and guidelines. We also suggest you check the ingredients of the Products to identify any sensitivities and to avoid potential allergic reactions.
3.5 We do not guarantee the availability of the Products offered on the Conversational Commerce Platforms as they may be subject to stock limits. We reserve the right to vary the Products offered for sale on the Conversational Commerce Platforms at any time without any notice.
4. Orders Submission and Acceptance
4.1 Before placing an Order, you shall select and add to your shopping cart the Product(s) of interest and your preferred colour, size, style and quantity, and follow the instructions which will direct you to the order form page. Alternatively, you can communicate to our stylists the Product(s) of interest and your preferred colour, size, style and quantity, our stylists will then help you add the selected Product(s) to your shopping cart and send you a check-out link which will direct you to the order form page.
4.3 Each Order submitted and paid by you to us is an offer to purchase the Product(s) listed in that Order on the Terms and Conditions. All Orders submitted are subject to acceptance by us.
Your Order will be accepted by us only after the Order has been reviewed and the Product(s) are dispatched or packed for collection (as the case may be), usually within two (2) business days from the date of your Order submission. At this point, we will send you an email and/or message that confirms the Order has been accepted and the Product(s) have been shipped or packed (hereinafter the “Shipping Confirmation”) and the contract by and between you and us is concluded.
4.4 We reserve our right not to accept the Order placed by you for any reasons at our discretion. For instance, an Order made for a Product which is not available, or an Order that we believe may result in the violation of the Terms and Conditions. Our decision as to the non-acceptance or cancellation of any Order shall be final and binding on you.
In the event of non-acceptance of any Order, we will inform you, by email or via the Third-Party Apps within two (2) business days from the date of receipt of the Order, of the non-acceptance of the Order. In such case, such Order shall be deemed to have not been accepted by us and no contract shall be deemed to have been entered into between you and us. You will be promptly reimbursed the amount paid to us in respect of a non-acceptance Order. If the non-acceptance is only partial due to the unavailability of some of the Products ordered, you will only be charged for the price of the Product(s) actually purchased.
4.5 If you would like to change or cancel the Order after it has been submitted, please contact us by the Third-Party Apps. We will do our best to accommodate your request. However, once the Order has been accepted by us as mentioned above, we regret that it cannot be changed or cancelled. You may refer to the Returns, Refunds and Exchanges section below if you are eligible for a return, refund or exchange.
5. Prices and Payment
5.1 Prices shown on the Conversational Commerce Platforms are in New Zealand Dollars and are inclusive of GST, but do not include any applicable shipping or delivery fees. Delivery fees will be charged where applicable and will be included in the total amount of the Order.
5.2 While we endeavor to make our best efforts to provide accurate and timely pricing information, errors, including typographical errors, may occur. If an error in the price of the Product ordered is identified before the Shipping Confirmation is sent, we will contact you and provide you with options of either re-confirming the Order at the correct price or cancelling it (wholly or partially, as the case may be). If we are not able to contact you, we will cancel the Order, notify you such cancellation and arrange for a refund. In any event, we will not be obligated to accept an Order with an incorrect price.
5.3 You may pay for your Order using Visa, MasterCard or American Express. Competent third-party payment gateway providers may be engaged to facilitate online payment and provide secured payment links.
You confirm and warrant that you are the owner of, or have been authorised by the owner to use the credit card for paying for your Order. We take no responsibility for and are not under any duty to verify your ownership or authorisation to use such cards.
All payments are subject to verification and/or authorisation by card issuers. If the issuer does not authorise your payment, we will not be able to accept your Order or liable for any delay or failure to deliver.
For your security, your billing name and address must match that of the credit card used for payment. We reserve the right to cancel any Order that does not match these criteria.
5.4 We will not be responsible for any charges or other amounts which may be applied by your card issuer as a result of our processing of your selected payment method in accordance with your Order.
6. Order Processing and Delivery
6.1 You can choose either collect the Product(s) you purchased at our selected Jo Malone London store(s) or request to have the Product(s) delivered to an address within New Zealand you provided in the Order.
6.2 Your Order will be processed and/or delivered on business days only (Monday through Friday, excluding public holidays in New Zealand). Any Order submitted on public holidays or weekend days will be processed on the following business day.
6.3 If you choose self-collection, the Product(s) purchased will be ready for collection upon your receipt of the Shipping Confirmation. We suggest you check with our stylists on the opening hours of the selected store(s) in advance.
6.4 If you choose delivery:
6.4.1 For security reasons, we are unable to deliver the Product(s) to a P.O Box address.
6.4.2 An Order can be delivered to one address only. If you require sending the Products purchased to multiple addresses, we suggest you place a separate order for each address.
6.4.3 Orders will be delivered by our delivery partner(s) (hereinafter the “Couriers”, currently PBT Courier) with the relevant delivery costs to be borne by you.
6.4.4 The Shipping Confirmation will contain courier tracking details and a link to track your Order. Once the Product(s) have been shipped out, any changes in the address or other relevant request shall be arranged with the Couriers directly by contacting their customer service. Any additional incurred expenses shall be borne by you.
6.4.5 Any estimated arrival date or schedule provided is for information purpose only and subject to, among others, stock availability, volume of the Orders processed and the Couriers’ capacity which is beyond our reasonable control.
6.4.6 While we shall use reasonable efforts to verify with you on the correct address, if necessary, we shall not be responsible for any delay in delivery or failure to deliver the Product(s) if the delivery address provided by you is incorrect or incomplete. In the event that the Courier is unable to deliver the Product(s) to the addresses indicated by you in the Order within five (5) business days after its first delivery attempt, we reserve our right to terminate the contract and notify you accordingly. In such circumstance, the Product(s) will be returned to us and we will refund the purchase price of the Product(s) to you.
6.4.7 Your signature or signature of any third-party adults designated by you may be required upon delivery of the Product(s). We shall not be responsible for verifying the identity of the person signing to accept delivery.
6.4.8 We suggest you check the followings when you receive the Order package: (i) whether the packaging is intact and not damaged; and (ii) whether the Product(s) delivered match your Order. In case of damaged, defective or incorrect items, please contact us immediately.
6.5 The risk of loss of or damage to the Product(s) shall be borne by you from the moment that they are collected by you in the store (in a self-collection case) or shipped to you (in a delivery case).
7. Returns, Refunds and Exchanges
7.1 We hope that you are delighted with your Order placed through the Conversational Commerce Platforms. Please be aware that we do not provide refunds or exchanges for change of mind. However, if for other legitimate reasons including a Product that is, at the time of self-collection or delivery, materially different from the description provided by the Conversational Commerce Platforms in the listing of the Product or is defective or damaged, you may request an exchange or when applicable under the Consumer Guarantees Act 1993, you may request a refund. All product(s) for exchanges or refund must be returned in the original condition accompanied with the original receipt and must be made within fourteen (14) days from delivery or self-collection.
7.2 The Product(s) to be returned must be unopened and in their original packaging, unless the default or damage could only become apparent by opening the packaging. Depending on the nature of the default or damage, products opened or used may not be accepted for returns. In all cases, the returned Product(s) must be wrapped in a proper package and sent back to the address specified by us or the store where you collected the Product(s) (as the case may be). You must also follow the Returns Process set forth below.
7.3. Returns Process
7.3.1 Please send your return and exchange (or refund, if applicable) request to Jo Malone London’s account on the Third-Party Apps where you placed your Order. Our stylists will request for the following information for verification purpose:
(i) Order number;
(ii) Purchasing date;
(iii) Product name and quantity which need to be returned and exchanged (or refunded, if applicable); and
(iv) Reason for return and exchanges (or refunds, if applicable).
7.3.2 If your return and exchange request (or refund, if applicable) has been accepted, we will send you instructions to return the items back to us. If you prefer returning the Product(s) to the store in person, you may do so to the Jo Malone London Britomart Boutique in Atrium on Takutai, Auckland CBD, Auckland, 10101, New Zealand only after your return and exchange (or refund, if applicable) request has been accepted.
7.3.3 Before returning your Product(s), you must carefully pack the item(s) into the box and include the original receipt or packing slip. In accordance with Section 7.2 above, please ensure that, if applicable, the returned Product(s) are unopened and returned in the original packaging, with all the accessories and inserts.
We cannot accept returned Products that we reasonably believe have been used. In such circumstances, we will notify you that no exchanges will be available and will return such Products to you within twenty-eight (28) days of our notification.
7.4 Acceptance of exchanges (or refunds, if applicable) will be processed within ten (10) business days upon our receipt of the returned Products.
Exchanged Product(s) (subject to stock availability) will be shipped to your designated address, subject to Section 6 above, or be available for self-collection at our designated store if you prefer. No additional exchange will be allowed unless the exchanged Product(s) are found damaged or defective upon delivery.
If applicable, refunds (excluding the initial delivery charge and/or gift-wrapping charge, if any) will be credited to the original form of payment. Please note that the refunds can take up to ten (10) business days, from the date when we submit the refund application, due to varying processing times of card issuers. The time to post a credit to your account is determined by your bank. Please contact your own bank for details.
8. Special Features, Functionality and Events
9. Disclaimer of Warranties; Limitation of Liability
9.1 THE CONVERSATIONAL COMMERCE PLATFORMS ARE PRESENTED “AS IS”. NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE CONVERSATIONAL COMMERCE PLATFORMS OR ANY OF THE CONTENT OR SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
9.2 YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE CONVERSATIONAL COMMERCE PLATFORMS; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD-PARTY LINKS ON THE CONVERSATIONAL COMMERCE PLATFORMS; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE CONVERSATIONAL COMMERCE PLATFORMS, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE CONVERSATIONAL COMMERCE PLATFORMS OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED NEW ZEALAND DOLLARS (NZ$100.00).
9.3 TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE ARISING OUT OF, OR RELATED TO, THE USE OF THE CONVERSATIONAL COMMERCE PLATFORMS OR THE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH US, TERMINATION OF YOUR USE OF THE CONVERSATIONAL COMMERCE PLATFORMS IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
10. Third-Party Apps, Sites and Links
To the fullest extent permitted by applicable law, we are not responsible for the content of any third-party websites or links including the Third-Party Apps. Third-Party websites or links appearing on the Conversational Commerce Platforms are for convenience only. Your use and access of these third-party websites or links including the Third-Party Apps is at your own risk. To the fullest extent permitted by applicable law, we are in no way responsible for examining or evaluating, and we do not warrant the offerings of any third-party websites or links including the Third-Party Apps, nor do we assume any responsibility or liability for the actions, content, products, or services of such third-party websites or links including the Third-Party Apps, including without limitation, their privacy policies and terms and conditions. You should carefully review the privacy policies and terms and conditions (if any) of all these third-party websites or links that you visit, including the Third-Party Apps.
11. Your Obligations and Responsibilities; Indemnification
11.1 By accessing or using the Conversational Commerce Platforms or any Content, you agree that you will comply with the Terms and Conditions and any warnings or instructions otherwise made available to you. You agree that when accessing or using the Conversational Commerce Platforms or any Content, you will act in accordance with the law, custom and in good faith. You may not make any change or alteration to the Conversational Commerce Platforms or any Content or services that may appear on the Conversational Commerce Platforms and may not impair in any way the integrity or operation of the Conversational Commerce Platforms. Without limiting the generality of any other provision of the Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in the Terms and Conditions, you shall be liable for all the losses and damages that may cause to us, our parents, subsidiaries, affiliates, partners or licensors.
11.2 You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents (hereinafter the “Indemnified Parties”) harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Conversational Commerce Platforms or any Content (including the User Content as defined herein), or any of our Products or services purchased on the Conversational Commerce Platforms, or your breach of the Terms and Conditions. You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
12. Intellectual Property
The Content is our property or the property of our parents, subsidiaries, our affiliates, partners or licensors, and is protected by applicable laws, including laws governing copyrights and trademarks. Except as required under applicable law, the Content may not be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
13. User Content
13.1 When you transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make available suggestions, ideas, inquiries, feedback, data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (hereinafter the “User Content”) through the Conversational Commerce Platforms in any manner, you are entirely responsible for such User Content. You hereby grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such User Content throughout the world, in all media now known or hereafter developed, for any purpose whatsoever, including without limitation, developing, manufacturing, distributing and marketing the Products.
13.2 You represent and warrant that you own or otherwise control the rights to your User Content. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing, sharing, distributing, reproducing, or otherwise making available the User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, fraudulent, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
13.3 We are in no way responsible for examining or evaluating the User Content, nor do we assume any responsibility or liability for the User Content. We do not endorse or control the User Content transmitted or posted and therefore, we do not guarantee the accuracy, integrity or quality of the User Content. You understand that by using the Conversational Commerce Platforms, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Conversational Commerce Platforms. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with the User Content.
13.4 You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provisions of the Terms and Conditions, we have the right to remove any User Content that violates the Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate the Terms and Conditions or infringe the rights of others.
13.5 If you wish to delete certain public User Content, such as your posting(s), on our website or in connection with our mobile applications (if any), please contact us by email at firstname.lastname@example.org and include the following information in your deletion request: first name, user name/screen name (if applicable), email address, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to twenty (20) business days to process your deletion request. We also note that it may not be possible to entirely delete posting(s) because cached web pages may continue to exist.
14. Copyright Infringement Notice
We respect the intellectual property of others and require that users of the Conversational Commerce Platforms do the same. We also maintain a policy that provides for the termination in appropriate circumstances of the use privileges of users who are repeat infringers of intellectual property rights. If you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our designated agent for notices of infringement and provide the following: (i) a physical or electronic signature of a person authorised to act on behalf of the owner of the copyright interest that you claim is infringed; (ii) identification of the copyrighted work(s) that you claim has been infringed; (iii) a description of the material that you claim is infringing; (iv) your address, telephone number and email address; (v) a statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.
You can contact our designated agent for notifications of claimed infringement at:
Copyright Agent c/o Legal Department
The Estée Lauder Companies Inc.
767 Fifth Avenue
New York, NY 10153
NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING US THAT COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE GROUP BY EMAIL TO email@example.com
15. Consent to Receive Notices Electronically
You consent to receive any agreements, notices, disclosures and other communications (hereinafter collectively, the “Notices”) to which the Terms and Conditions refer from us electronically including without limitation by the Third-Party Apps or by e-mail. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at firstname.lastname@example.org
16. Governing Law and Dispute Resolution
With respect to any dispute, claim or controversy regarding the contract herein between you and us, all rights and obligations and all actions contemplated by the Terms and Conditions shall be governed by the laws of New Zealand
The abovementioned dispute, claim or controversy shall be referred to and finally resolved by confidential arbitration in New Zealand and you agree to submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes.
Arbitration hereunder shall be administered by the Arbitrators’ and Mediators’ Institute of New Zealand Inc. (“AMINZ”) under the “AMINZ Arbitration Rules” in force when a notice of arbitration is submitted. The law of this arbitration clause shall be New Zealand law. The place of arbitration shall be New Zealand. The number of arbitrators shall be three. The arbitration shall be conducted in English language. The arbitrators' award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, you agree that any arbitration or proceeding shall be limited to the dispute between you and us individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilise class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
17.1 Nothing contained in the Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between you and us.
17.2 Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
17.3 In the event that any provision of the Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render the Terms and Conditions unenforceable or invalid as a whole but the Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
17.4 The headings in the Terms and Conditions are for convenience only and shall not be used in their interpretation.
17.5 The Terms and Conditions is drafted in the English language. If it is translated into or otherwise prepared in any other language, the English language text shall prevail in the event of any discrepancy or conflict.
17.6 If you have any questions regarding the Terms and Conditions , please email us at email@example.com.