a) Welcome to The Geek Boutique (TGB) website (Website). By using the Website you agree that your use of the Website is subject to these Terms of Use. Please read them carefully. TGB may from time to time amend these Terms of Use without prior notice.
b) TGB reserves the right to, at any time:
i. amend, update, change or remove any part of this Website;
ii. suspend or restrict your access to this Website if you are in material breach of these Terms of Use; and/or
iii. stop or suspend the operation of this Website.
a) You acknowledge and agree that:
i. this Website and its contents are provided to you on an "as is" basis;
ii. information on this Website may contain typographical errors, technical inaccuracies or other errors and may not be accurate, complete or current; and
iii. any answers provided to questions published on this Website are general opinions only and should not be taken as definitive or exhaustive, nor are such answers intended to be advice as to any specific issue you may have.
b) Save as otherwise provided for by law:
i. TGB makes no representations or warranties of any kind as to the operation or availability of this Website or the information, content or materials included on this Website, and all implied representations or warranties in relation to the operation or availability of this Website or the information, content or materials included on this Website are excluded; and
ii. TGB is not liable for any loss suffered by you in connection with the unavailability of this Website and/or the use of this Website or any linked website, including any indirect, consequential or special damages and any loss of revenue, loss of profits, loss of goodwill, loss of business opportunity, loss of reputation, loss of goodwill, business interruption or loss of data or information.
c) This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.
a) This Website and its contents are subject to copyright. The copyright is owned by TGB, or in the case of some material, third parties.
b) You may view this Website and its contents using your web browser and electronically copy and print hard copies of parts of this Website and its contents for personal, non-commercial use. Except as permitted under the Copyright Act 1994 or similar statutes that apply in your location, any other use (including any adaptation, reproduction, broadcast, decompiling, disassembling, downloading, copying, storage, distribution, transmission, printing, display, publication or creation of derivative works) of any part of this Website is prohibited.
Nothing contained in this Website shall be construed as granting any license or right to use any trade mark displayed on this Website.
In order to use this Website, you will need internet access, devices and systems which are compatible with this Website. It is your responsibility to ensure that you meet the relevant requirements (which may change from time to time).TGB has no obligation to make this Website available on any particular device or system, whether or not such device or system can currently, or has in the past been able to, access this Website.
This Website may contain links to third party websites. Those links are provided for convenience only and may not remain current or be maintained. TGB is not responsible for the content or privacy practices associated with linked websites. It is your responsibility to read and understand the terms and conditions applicable to any such websites. TGB will not be liable to you, or any other person, for any loss, damage, cost, expense, liability or inconvenience incurred, paid or suffered as a result of your use of such websites.
Cookies are small pieces of information that your web browser stores on your computer’s hard drive. TGB uses cookies to gather data in relation to this Website. You may disable cookies on your web browser, but if you do you may not be able to fully utilise all the features of this Website.
You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or those of other parties. Save as otherwise provided for by law, TGB will not be liable to you, or any other person, for any losses, liabilities, damages, costs, charges or inconvenience incurred, paid or suffered as a result of viruses, malicious computer code or other forms of interference, or damage to your computer system or those of any person which arise in connection with your use of this Website.
a) Any material submitted by you (including links to third party content) to the Website which can be accessed and viewed by the public is user generated content (UGC).
b) Certain parts of this Website may allow you to submit UGC. By using these features, you acknowledge and agree that:
i. you will only publish UGC that is your original content of which you are the sole author (and the sole owner of all intellectual property rights embodied in such content), or where the content is adapted from existing content, you have obtained all consents and licenses from third parties necessary for the submission and display of your UGC on this Website and the grant of the licenses by you to TGB under these Terms of Use;
ii. the submission and display of your UGC on this Website, is not in breach of any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy or any applicable laws;
iii. you will not submit any UGC the submission of which by you, or use of which by TGB, will violate any law, statute, ordinance or regulation (including, but not limited to, those governing consumer protection, unfair competition, anti-discrimination, misleading & deceptive conduct or false advertising);
iv. you waive all moral rights that you may have in your UGC;
v. none of your UGC is subject to any obligation of confidence on the part of TGB its officers, directors, agents, related bodies corporate, employees and third party service providers;
vi. TGB has no obligation to monitor UGC but may do so and may edit, amend or remove UGC in its absolute discretion without notice to you;
vii. you will not post, link to or otherwise publish any UGC containing any form of advertising or promotion for goods and services or any spam or other form of unsolicited communication;
viii. you will not post any content that includes any information that references other websites, addresses, email addresses, contact information, personal information (other than your own) or phone numbers;
ix. you will not post or transmit any UGC that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of this Website or any computer software or equipment;
x. your UGC shall not contain material that is false, inaccurate, misleading, deceptive, invasive of another person’s privacy, defamatory, libelous, hateful, racially biased, threatening or harassing to any individual, partnership or corporation or which a reader may reasonably find offensive, inappropriate, abusive or indecent or otherwise unlawful and will not promote pyramid schemes or chain letters;
xi. you grant an irrevocable, perpetual, worldwide, non-exclusive, transferable, royalty-free and sub-licensable right and license to TGB to use , copy, modify, delete in its entirety, publish, and display your UGC on this Website, modify, adapt, publish, create derivate works from, sell and distribute your UGC, and incorporate such content into any form, medium or technology throughout the world without reference or notice to you and without any compensation or obligation to you;
xii. the use by TGB of your UGC in accordance with the licenses granted by you to TGB under these Terms of Use will not breach any third party’s rights; and
xiii. TGB has no responsibility for your UGC and you agree to indemnify TGB (and its officers, directors, agents, related bodies corporate, employees and third party service providers) from and against any and all claims, losses, liabilities, damages, costs, charges and expenses that may be suffered or incurred by TGB (or its officers, directors, agents, related bodies corporate, employees and third party service providers) arising out of, or in connection with, your UGC (including any breach of these Terms of Use by you or your UGC).
xiv. all may be used (or not used) at TGB's sole discretion. In addition to its rights in this clause , TGB reserves the right to change, condense or delete any content on TGB's website that TGB deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. TGB does not guarantee that you will have any recourse through TGB to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, TGB reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not TGB, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of TGB, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
c) To the extent that your UGC includes a rating or review of a product or service, by submitting your UGC, you further represent and warrant toTGB that:
i. you are a bona fide user of that product or service, and the rating or review reflects your honest opinions, findings, beliefs and experiences in relation to that product or service;
ii. save to the extent disclosed in the rating or review, you have not received any monetary payment or other valuable consideration in connection with the rating or review; and
iii. save to the extent disclosed in the rating or review, you do not have any financial interest in that product or service, or any affiliation with the manufacturer or provider of that product or service (or any competitor of the manufacturer or provider of that product or service) which could reasonably be expected to compromise the impartiality of the rating or review.
d) To the extent your UGC includes a question or query, you acknowledge that TGB may answer your question or query solely in its own discretion, but is not under any obligation to answer your question or query. Further, you acknowledge and agree that any answers provided to your question or query are general opinions only and should not be taken as being definitive or exhaustive, nor are such answers intended to be advice as to any specific issue you may have.
e) By submitting your email address (or any other contact details) in connection with your UGC, you agree that TGB and its third party service providers may use your email address (or other contact details) to contact you about your UGC and as otherwise set out in TGB's Privacy Policy.
If you find content on this Website which you think infringes your intellectual property rights or is in breach of these Terms of Use, please contact us and please specify the following information:
If any provision of these Terms of Use is deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of any other provision of these Terms of Use.
These Terms of Use are governed by the laws of New Zealand. Any disputes arising in connection with these Terms of Use are subject to the exclusive jurisdiction of the courts of New Zealand. TGB makes no representation or warranty that the content of this Website complies with the laws of any country outside New Zealand. If you access this site from outside New Zealand, you do so at your own risk and are responsible for complying with the laws in the place where you access this Website.
In these Terms of Use a reference to 'TGB' and 'The Geek Boutique' is a reference to Waiheke Geek Limited.