Terms, Conditions & RENTAL AGREEMENT
These Terms, conditions & Rental Agreement (the “agreement”) are a legal agreement between you and Norah Eventwear. This agreement contains all the terms and conditions governing the rental of items from Norah Eventwear via our website(http//:www..norah.co.nz).
Please read these Terms, conditions & Rental Agreement carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms, conditions & Rental Agreement . If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. You can review the most current version of the Terms, conditions & Rental Agreement at any time on this page. We reserve the right to update, change or replace any part of these Terms, conditions & Rental Agreement by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1.1 This website (www.norah.co.nz) is owned and operated by NORAH Eventwear(the “Website”).
1.2 In these Terms, conditions & Rental Agreement “we”, “our” or “us” means NORAH Eventwear and “you” or “your” means the Customer identified on the services which you may access and use the NORAH Eventwear website located at www.norah.co.nz (the “site”).
1.3 “services” means related services including product rental and/ or sale services(together with the Site and NORAH Eventwear Content, as defined below, the “Services”)
1.4 Access to and use of this Website and the goods and services available through this Website (collectively, the “Services”) are subject to the following Terms, conditions & Rental Agreement (the “Terms, conditions & Rental Agreement ”). By using the Services, you are agreeing to all of the Terms, conditions & Rental Agreement, as may be updated by us from time to time.
- General Conditions
Services include the rental and sale of products. This section sets out the terms and conditions that apply to your rental or purchase of any product.
18 years or over：Products may be rented or purchased for use by individuals under the age of 18, but we will only rent or sell Products to adults who can rent or purchase Products by payment card or other approved payment method (such as credit card or bank transfer). By clicking to agree to these Terms, you agree that you are over the age of 18 and are authorized to use the chosen payment method (including credit card) for the rental or purchase of the Products described in these Terms.
Limits: You acknowledge and agree that we may place limits on the rental or purchase of Products, including restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit any rentals or sales of Products for any reason, including availability concerns.
Defects: If you think that there is a fault with the garments you have received or other problem with your Order, please let us know within 4 hours of receiving your Order by contacting our Customer Care Team at email@example.com or on 64( 0)27 506 7688. Please include as many details as possible about the Order and the problem.
- Service Area and Delivery/ Pickup&Return
All garments delivered have been cleaned and are provided to the customer in a ready to wear state. We inspect each item before delivery/Pickup with the utmost care, and should you receive goods that are in a damaged state, please contact Norah Eventwear within 24 hours of receipt of the goods.
3.1 Service Area
By now, Norah Eventwear Rental Service only serve the Christchurch city area, other areas is in preparation.
3.2 Pickup at Showroom
All orders are pickup by customers. Our pickup time is 4pm-6pm each day (Monday-Saturday). Orders made after 4pm can be pickup the next day(Saturday orders will be pickup on Monday). Once your order has been confirmed, you will receive a confirmation email containing your order number so that you can pickup your order by using your purchase order number at our Christchurch Show Room.
Please note, if you cannot pickup your order during 4pm-6pm each day(Monday-Saturday).Please email firstname.lastname@example.org, we can arrange a new time during the business hours.
3.3 Free DELIVERY & Pickup
If your order is more than $100.00, We offer free delivery and pickup from your door!. Attention: Do not wash or dry clean. We take care of everything.
3.4 Return of the Products
Extensions. You agree to return the Products to NORAH in the Original Packaging on or before the return date for the Products that are identified in the invoice for your order. You may extend your order for a Product by sending an email to email@example.com; provided that any extensions are subject to other orders for that Product and to pre-payment of the additional Rental Fee applicable to that Product for the period of time of the extension.
If you do not pay the amounts you owe to NORAH when due, NORAH may institute collection procedures. You agree to pay NORAH’s costs of collection, including reasonable attorneys’ fees.
- PRICESPrices for our products are subject to change without notice.All prices listed on this website are in New Zealand dollars and all charges will be processed in New Zealand
While we try to ensure that all details, descriptions and prices on the Website are accurate, errors may occur. If we discover an error in the rental or purchase price of any garment which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat the Order as cancelled. If you opt to cancel the Order as a result of a price change, and you have already paid for the goods, you will receive a full refund.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. Price does not include any damage, or major stains. Upon return, if the garment is damaged I will email you an invoice to cover the specified costs.
- ONLINE PRODUCTS and/orSERVICES
Certain products or services may only be available online through the Site. These products or services are available in limited quantities and may only be returned or exchanged in accordance with our return policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that the display of any color on your computer monitor will be accurate.
We reserve the right, but not the obligation, to sell our products or services to any person, geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the number of copies of any product or service we offer. All product descriptions or product pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time. Any product or service offered on this site is not valid where prohibited.
We do not warrant that the quality of any product, service, information or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.
The following additional conditions apply to the rental of any Product.
6.1Rental Fee. The rental fee (“Rental Fee”) for the Product will be the total of the rental fee, insurance charges and delivery charges listed on the Site for your rental of the Product. When you place your rental order for a Product, you hereby authorize NORAH to charge your payment card for the Rental Fee. NORAH will charge your payment card the amount of the Rental Fee immediately upon your rental order. A reservation of a Product on the Site is an order for the rental of that Product, regardless of how far in advance that Product is reserved. In addition, at the time of your rental order for a Product, you hereby authorize NORAH to charge your payment card for up to a full amount of the retail price of the Product (shows on website), as determined in the sole discretion of NORAH, plus applicable sales taxes. This authorization of full amount retail price is not charged unless an item is not returned or is damaged beyond repair. Rental Fees exclude all federal, state and local taxes, goods and services tax, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by you directly or, if paid by NORAH, shall be paid by you to NORAH in connection with your rental order. You may cancel your rental order according to the 6. cancellation section.
6.2 Receipt of the Products. Upon delivery, you bear responsibility for the Product(s). You acknowledge that a Secure Shipping Address is highly recommended. A Secure Shipping Address means a location where an individual can physically receive Product(s). In the event that an unsecured shipping address is provided, NORAH does not bear liability for Products left unattended. Furthermore, you acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which NORAH will not be liable. You will be liable for all such delays and additional delivery fees.
6.3 Use of the Products. You agree to treat the Products with great care, as if it was borrowed from your close friend. NORAH’s products are meant to be used/worn in limited capacity such as photo shoots, weddings, special events, etc. You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains, missing beads, stuck zippers or other minor damage. If you return a Product that is damaged beyond normal wear and tear, you agree that we shall charge you, and you shall pay, for the price for repairing or replacing the Product, as determined in our discretion, up to100% of the the retail value or market value for the Product. NORAH reserves the right to charge a ten NZ dollar ($10.00) excessive cleaning fee when necessary. If you do not pay the amounts you owe to NORAH when due or NORAH is unable to charge your original payment method, NORAH will institute collection procesures. You agree to pay NORAH’s costs of collection, including reasonable attorneys’ fees.
6.4 Late Fees. If a problem arises, or your event date changes, such as a photo shoot getting rescheduled, contact us and we will see if we can make arrangements to help you.
If you return the Products late without informing us or not return the rental items at all, a late fee of a double the rate per night late fee for rent items will be charged per night to the payment card you used to pay the Rental Fee or to any other payment card included in your account information that you have provided to NORAH for every day that you are late returning the Products, and you agree to pay such late fees, up to an amount not to exceed the retail value shows in our website, as determined in our discretion, plus applicable sales tax (plus the Rental Fee). The late fee is payable for each order of Products that is not returned when due, not for each Product that is the subject of the order that is late. If you have not returned a Product within seven (7) days after the return date for the Product, your late return will be considered a non-return and NORAH will charge your payment card the maximum late fee set forth in this Section, less any late fees that you have already paid, plus applicable sales tax. If you do not pay the amounts you owe to NORAH when due, NORAH will institute collection procedures. You agree to pay NORAH’s costs of collection, including reasonable attorneys’ fees.
6.5 Limited Warranties. The following are the limited warranties NORAH provides in connection with Product rentals. NORAH’s liability to you for failure to comply with any of these warranties is limited to timely delivery of Product conforming to the warranties or a refund of the Rental Fee (excluding delivery charges) as determined by NORAH.
6.6 Correct Products. We will deliver the Products you ordered, including the specified size, color and design, on or before the delivery date for which you ordered them, except in the rare event that the Product is damaged beyond repair, returned late by a previous customer, or is otherwise unavailable. In such event, we will use reasonable efforts to notify you that the Product is unavailable. If we are able to reach you and you have already paid for the goods, you will be entitled to receive a full refund. we will treat the Order as cancelled.
6.7 Clean and Ready to Wear. The Products will be cleaned and delivered ready to wear. NORAH dry cleans and/or hand washes and inspects each Product with the utmost care, but use of the Product is at your own risk and NORAH shall not be held liable for any health-related complaints associated with any Product.
6.8 Sizing Returns. If a garment does not fit, please notify us straight away at firstname.lastname@example.org and include your Order number and issue within 6 hours of receiving the Order.
If you want to return the garment, we will provide you with a credit note after you return it in an unworn state with the security tag attached within 6 hours of receiving the Order .
If you wish to exchange for a different size garment, please return it in an unworn state with the security tag attached within 6 hours of receiving the Order and pickup the new garment at our Christchurch Showroom. but any extra fee( For instance:shipping costs) will be your responsibility. NORAH does not offer refunds due to sizing issues.
6.9 Condition. Items will be brand new, like new, excellent used condition, or very good used condition. They will not have flaws that affect the use of the dress, or are noticeable when photographed or worn. Should any flaws be discovered upon receipt, you may notify NORAH within 24 hours of receipt of the Product at email@example.com. Keeping Products in your possession for your full rental period even after notifying NORAH of a flaw voids any refunds.
6.10.1 If you have to cancel garment rental please contact us firstname.lastname@example.org ASAP.
If you cancel your order 14 days or more in advance of its delivery/ Pickup date, there will be no cancellation fee and you will be refunded a full amount. If the original charge underwent currency conversion, the refunded amount converts back using the same process. There are no fees to refund a charge, but the fees from the original charge aren’t returned. We submit refund requests to your bank or card issuer. You will see the refund as a credit approximately 5-10 business days later, depending upon the bank.
If your Cancellations is less than 14 days before your event, we offer a full credit, We do not offer a refund for this time period.
6.10.2 We do not offer refunds or exchanges on any BUY NOW products bought from our website, unless faulty. No exceptions. We do not refund or exchange for jewellery unless they arrive faulty. As our jewellery is for costume wear, please avoid wearing it in the shower, swimming or spraying perfume anywhere near the item.
- PERSONAL INFORMATION
- USE OF THE SERVICES
8.1. NORAH Content
Content Provided “As Is.” All content and information provided through the Services, including but not limited to Product descriptions and specifications, Product photos, recommendations, photographers’ photos and other users’ photos and comments (“NORAH Content”) is provided to you on an “as is” basis and will be used only for general information purposes only. Such information is provided on a blind-basis, without any knowledge as to your identity or specific circumstances. The NORAH Content is provided with the understanding that such information does not constitute professional advice or services. As such, you agree not to rely upon or use any NORAH Content as a substitute for consultation with professional advisors. As used in these Terms, the Services include the NORAH Content.
Updates: We may update the NORAH Content, including Product descriptions and specifications, as we deem appropriate and without notice to you. If you have any questions about the existence of more current information, please send those questions to email@example.com. We take your questions and requests for information seriously, and we will use reasonable efforts to respond in a timely manner. However, we cannot guarantee a prompt response in all cases.
8.2. Third Party Content
Links to Third-Party Websites. The Services may contain links or references to non-NORAH websites, products, services or other materials or content (“Third Party Content”). This Third Party Content is provided to you as a convenience, and NORAH is not responsible for any Third Party Content or the actions of those that provide or use such Third Party Content. Any Third Party Content is independent from NORAH, and NORAH has no control over the Third Party Content. In addition, a link to any Third Party Content does not imply that NORAH endorses, approves or accepts any responsibility for the Third Party Content or its provider, or vice versa.
8.3. Acceptable Use Policy
Use of NORAH Content. No part of the Services, including the NORAH Content, may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that NORAH authorizes you to view, copy, download, and print NORAH Content (such as press releases and FAQs) that is available on the Site, provided that: (a) you use the NORAH Content solely for your personal, noncommercial, informational purposes; (b) you do not modify the NORAH Content; and (c) you do not remove any copyright, trademark, and other proprietary notices on the NORAH Content.
Use of the Services. You may not use the Services to: (i) transmit any content, information or other materials that are, or which NORAH considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity; (ii) sell or promote any products or services, including any controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages; (iii) introduce viruses, worms, Trojan horses and/or harmful code; (iv) display material that exploits children under 18 years of age; (v) post any content, information or other materials that infringe, misappropriate or violate any intellectual property or other right of any third party; (vi) promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes; impersonate any other person, including but not limited to, a NORAH representative; (vii) post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent’s consent in case of a child under 18 years of age); (viii) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests; or (ix) violate any applicable local, state, national or international laws or regulations.
You also agree that you will not (and will not attempt to or permit any third party to): reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Services, any part thereof or access thereto.
Indemnification for Breach. By using the Services, you agree to indemnify, hold harmless and defend NORAH and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Term.
Indemnification for Breach. By using the Services, you agree to indemnify, hold harmless and defend NORAH and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Terms.
8.4. Your Content
If you post, upload or make available to NORAH or the Services, or otherwise submit to or through NORAH as part of your use of the Services, including the Site, any information, data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Products (“Your Content”), you hereby grant to RCNORAH a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content and your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Site, in email and other promotional campaigns and on third party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve any of Your Content or any use of Your Content. By submitting Your Content, you represent and warrant that Your Content and your communication thereof conform to these Terms, including Section 10.(3), and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize NORAH to exploit, Your Content in all manners contemplated by these Terms. You waive all moral rights in Your Content which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Your Content.
8.5. Your Account
Access to parts of the Services requires the creation of a user account, including a user name and password that you choose upon registration. You are solely responsible and liable for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your account information and all use or charges incurred from use of the Services with your account. You agree to notify NORAH promptly of any unauthorized use of your account or password.
There may be delays, omissions, or inaccuracies in the Services, including the NORAH Content. The Service may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
- 9. INTELLECTUAL PROPERTY
9.1. Ownership of the Services
The Services, including the NORAH Content, including all intellectual property rights in and to the Services and any changes, modifications or corrections thereto, are the property of NORAH. NORAH reserves all rights in and to the Services not granted expressly in these Terms.
Nothing shall be construed as granting to you, by implication, estoppel, or otherwise, any license or right to use the Services or any NORAH Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of NORAH.
9.2. Services License
Subject to your compliance with these Terms, NORAH grants to you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes.
By sending us any feedback, ideas, suggestions, documents or proposals (“Feedback”), you grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Feedback, and you waive all moral rights in the Feedback which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant that the Feedback does not contain any confidential or proprietary information of any third party, and that NORAH may use your Feedback without restriction or obligation to you or any third party.
9.4. Notice and Take Down Procedures; Copyright Agent
If you believe any NORAH Content infringes your copyright, you may request removal of those materials (or access thereto) by contacting NORAH at firstname.lastname@example.org and providing the following information: identification of the copyrighted work that you believe to be infringed, including a description of the work, and where possible a copy or the location (e.g., URL) of an authorized version of the work; identification of the material that you believe to be infringing and its location, including a description of the material and its URL or any other pertinent information that will allow us to locate the material; your name, address, telephone number and e-mail address; a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; a statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf; and a signature or the electronic equivalent from the copyright holder or authorized representative.
The obligations and liabilities of the parties arising prior to the date of termination shall survive the termination of this Agreement.
These terms, conditions and rental agreements remain in effect unless terminated by either you or us. You may terminate these terms, conditions and rental agreements at any time by notifying us that you no longer wish to use our services, or when you cease to use our website.
We may also terminate this Agreement at any time without notice if we determine in our sole discretion that you have failed to comply, or we suspect that you have failed to comply, with any term or provision of these terms, conditions and rental agreements, and you will remain liable for all amounts due up to and including the date of termination; and/or we may deny you access to our Services (or any part thereof) as a result.
10.1. Termination By You
You may deactivate your account and discontinue your use of the Services at any time. In order to deactivate your account, please contact us at email@example.com. You understand that Your Content may continue to exist and be used on or through the Service even after such deactivation.
10.2. Termination By NORAH
Any violation of these Terms, including any of the prohibitions in Section 9.(3)), may result in the suspension or termination of your access to the Services and/or removal of Your Content. NORAH may also terminate your account if NORAH believes that your action poses a risk or liability to NORAH, or for any other reason as determined by NORAH in its sole discretion.
10.3. Effects of Termination
In each of these cases, the Terms will terminate, including your license to use the Services, except that the sections concerning Collections, Rental Fee, Late Fees, Lost Return Packaging, Failure to Pay Fees, and Acknowledgment shall continue to apply.
- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
11.1. Limited Warranties
The limited warranties set out in Section 6. for rentals apply only to you and may not be assigned, sold or transferred to any third party. No other warranties are granted by NORAH in connection with the Services or Products. The limited warranties shall not apply to any matters arising from your violation of these Terms.
Your sole and exclusive remedy and NORAH’s sole and exclusive liability for a breach by NORAH of the limited warranties set out in Section 6 shall be, at NORAH’s option, NORAH’s use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of your Rental Fee, as applicable (excluding insurance and delivery charges).
11.2. Disclaimer of Warranties
EXCEPT FOR THE LIMITED WARRANTIES SET OUT IN SECTION 6, THE SERVICES AND PRODUCTS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, RC DOES NOT WARRANT THAT: (I) THE SERVICES, INCLUDING THE NORAH CONTENT, ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, (IV) THE SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THE PRODUCTS WILL BE FIT FOR YOUR INTENDED PURPOSE OR OTHERWISE ACCORD WITH YOUR EXPECTATIONS.
11.3. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL NORAH BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND/OR THE PRODUCTS, EVEN IF NORAH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE AS SET FORTH UNDER SECTION 12.(1)) OR TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THESE TERMS.
- 12. DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER
This Section 13 includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt-out of the arbitration agreement by following the opt-out procedure described below.
12.1. Informal Process First
You agree that in the event of any dispute between you and NORAH, you will first contact NORAH and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
12.2. Arbitration Agreement
After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of NORAH’s Services and/or Products, or relating in any way to NORAH’s communications with you, will be finally resolved by binding arbitration. The prevailing party shall be entitled to recover its reasonable attorney’s fees and costs. This mandatory arbitration agreement applies equally to you and NORAH. However, this arbitration agreement does not (a) govern any Claim by NORAH for infringement of its intellectual property or access to the Services that (including the Site) is unauthorized or exceeds authorization granted in these Terms.
You agree that Laws of New Zealand governs the interpretation and enforcement of this provision, and that you and NORAH are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive any termination of these Terms.
12.3. Class Action Waiver
Our failure to exercise or enforce any right or provision of these terms, conditions and rental agreements shall not constitute a waiver of such right or provision.
These terms, conditions and rental agreements and any policies or operating rules that we post on the Site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of terms, conditions and rental agreements). Any ambiguity in the interpretation of these terms, conditions and rental agreements shall not be construed against the drafting party.
- SEVERABILITYIf any provision or part of these terms, conditions and rental agreementsis held to be invalid, unenforceable or illegal for any reason, such provision or part (as the case may be) shall be deemed to be deleted from these terms, conditions and rental agreementsand these terms, conditions and rental agreements shall otherwise remain in full force and effect.
- JurisdictionThese Terms, conditions & Rental Agreementare governed by the laws of New Zealand.
- CHANGES TO Terms, conditions & Rental AgreementYou can review the most current version of the Terms, conditions & Rental Agreement at any time on this page. We reserve the right to update, change or replace any part of these Terms, conditions & Rental Agreementby posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Jurisdictional Issues. NORAH makes no representation that the Services are appropriate or available for use outside New Zealand. Those who choose to access the Services or any part thereof from outside New Zealand do so at their own risk and are responsible for compliance with applicable local laws. The Services may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that NORAH intends to announce or make available such products or services to the general public, or in your country. Contact NORAH at firstname.lastname@example.org to determine which products and services may be available to you.
Entire Agreement. These Terms are the entire agreement between you and NORAH relating to the subject matter herein and shall not be modified except by NORAH in accordance with these Terms, or as otherwise agreed in writing by you and NORAH. No employee, agent or other representative of NORAH has any authority to bind NORAH with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.
Severability and Waiver. Unless otherwise set forth herein, if any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
Assignment. You may not assign or transfer these Terms or any of your rights or obligations under these Terms. NORAH may assign these Terms at any time without notice to you.
Force Majeure. NORAH will not be liable for, or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond NORAH’s reasonable control.
Contact Information. Please send any questions or comments, or report violations of these Terms, to NORAH at email@example.com.
18. Contact information
Questions about the Terms, conditions & Rental Agreement should be sent to us at firstname.lastname@example.org.