AGREEMENT TO TERMS
The information provided by Alphasupps.co.nz is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, Alphasupps.co.nz is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on Alphasupps.co.nz collectively, the “Content” and the trademarks, service marks, and logos contained therein the Alpha athletes logo are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and laws of New Zealand foreign jurisdictions, and international conventions. The Content and the Marks are provided on Alphasupps.co.nz is for your information and personal use only.
2.2 Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
By using the Alphasupps.co.nz, you represent and warrant that:
3.1 all registration information you submit will be true, accurate, current, and complete;
3.2 you will maintain the accuracy of such information and promptly update such registration information as necessary;
3.4 you are not under the age of 13
3.5 If a minor, you have received parental permission to use Alphasupps.co.nz
3.6 you will not access Alphasupps.co.nz through automated or non-human means, whether through a bot, script or otherwise;
3.7 you will not use the Alphasupps.co.nz for any illegal or unauthorized purpose;
3.8 your use of the Alphasupps.co.nz will not violate any applicable law or regulation.
3.9 If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of Alphasupps.co.nz.
You agree to keep your password confidential and will be responsible for all use of your account and password.
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the products.
5.1 All products are subject to availability and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
PURCHASES AND PAYMENT
6.0 We accept the following forms of payment: Mastercard, Visadebit, Laybuy. You agree to provide current, complete, and accurate purchase and account information for all purchases made via Alphasupps.co.nz.
6.1 You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
6.2 GST will be added to the price of purchases as deemed required by New Zealand Government. We may change prices at any time. All payments shall be in NZ dollars.
6.3 You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.
If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
6.4 We reserve the right to refuse any order placed through Alphasupps.co.nz. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
6.5 All sales are final, refunds are only applicable if there is damage to the Product, or quality of product is not up to New Zealand standard. If damage is made by the courier, please contact 0800COURIOR. Please review our Return Policy prior to making any purchases.
6.6 You may not access or use Alphasupps.co.nz for any purpose other than that for which we make the Site available. Alphasupps.co.nz may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
7.0 As a user of the Site, you agree not to:
1. systematically retrieve data or other content from Alphasupps.co.nz to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. make any unauthorized use of the Alphasupps.co.nz, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
3. use a buying agent or purchasing agent to make purchases on Alphasupps.co.nz.
4. use Alphasupps.co.nz to advertise or offer to sell goods and services.
5. circumvent, disable, or otherwise interfere with security-related features of Alphasupps.co.nz, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
6. engage in unauthorized framing of or linking to Alphasupps.co.nz.
7. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
8. make improper use of our support services or submit false reports of abuse or misconduct.
9. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
10. interfere with, disrupt, or create an undue burden on Alphasupps.co.nz or the networks or services connected to Alphasupps.co.nz.
11. attempt to impersonate another user or person or use the username of another user.
12. sell or otherwise transfer your profile.
13. use any information obtained from Alphasupps.co.nz in order to harass, abuse, or harm another person.
14. use Alphasupps.co.nz as part of any effort to compete with us or otherwise use Alphasupps.co.nz and/or the Content for any revenue-generating endeavor or commercial enterprise.
15. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of Alphasupps.co.nz.
16. attempt to bypass any measures of Alphasupps.co.nz designed to prevent or restrict access Alphasupps.co.nz, or any portion of the Site.
17. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of Alphasupps.co.nz to you.
18. delete the copyright or other proprietary rights notice from any Content.
20. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of Alphasupps.co.nz or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
21. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
22. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses Alphasupps.co.nz , or using or launching any unauthorized script or other software.
23. disparage, tarnish, or otherwise harm, in our opinion, us and/or Alphasupps.co.nz.
24. use Alphasupps.co.nz in a manner inconsistent with any applicable laws or regulations.
USER GENERATED CONTRIBUTIONS
Alphasupps.co.nz may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on Alphasupps.co.nz, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").
Contributions may be viewable by other users of Alphasupps.co.nz and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
1. the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
4. your Contributions are not false, inaccurate, or misleading.
5. your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
9. your Contributions do not violate any applicable law, regulation, or rule.
10. your Contributions do not violate the privacy or publicity rights of any third party.
11. your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
13. your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
GUIDELINES FOR REVIEWS
We may provide you areas on Alphasupps.co.nz to leave reviews or ratings. When posting a review, you must comply with the following criteria:
(9.1) you should have firsthand experience with the person/entity being reviewed;
(9.2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
(9.3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
(9.4) your reviews should not contain references to illegal activity;
(9.5) you should not be affiliated with competitors if posting negative reviews;
(9.6) you should not make any conclusions as to the legality of conduct;
(9.7) you may not post any false or misleading statements;
(9.8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
9.9 We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.
9.10 We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
Apple and Android Devices
10.10 The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access Alphasupps.co.nz:
(10.11) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
(10.13) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
(10.14) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application;
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either:
(11.1) providing your Third-Party Account login information through the Site; or
(11.2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
11.3 You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.
11.4 By granting us access to any Third-Party Accounts, you understand that
(1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through Alphasupps.co.nz via your account, including without limitation any friend lists and
(2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.
11.5 Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on Alphasupps.co.nz. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through Alphasupps.co.nz.
You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
11.6 We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use Alphasupps.co.nz.
11.7 You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding Alphasupps.co.nz ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
Alphasupps.co.nz may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by.
13.1 we are not responsible for any Third Party Websites accessed through Alphasupps.co.nz or any Third-Party Content posted on, available through, or installed from the Alphasupps.co.nz, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
13.2 You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from Alphasupps.co.nz. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
13.3 You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements.
14.1 Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on Alphasupps.co.nz, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.
14.2 As an advertiser, you agree that such advertisements are subject to Copyrite act 1994 and harmful digital communications act 2015) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for HDCA takedown-related issues. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
We reserve the right, but not the obligation, to:
(15.3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
(15.4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
(15.5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
16.1 If you access Alphasupps.co.nz from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in New Zealand, then through your continued use of Alphasupps.co.nz, you are transferring your data to New Zealand, and you expressly consent to have your data transferred to and processed in New Zealand.
16.2 Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the Children’s Online Privacy Protection Act (COPPA), if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from Alphasupps.co.nz as quickly as is reasonably practical.
MODIFICATIONS AND INTERRUPTIONS
17.0 We reserve the right to change, modify, or remove the contents of the Alphasupps.co.nz at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on Alphasupps.co.nz. We also reserve the right to modify or discontinue all or part of Alphasupps.co.nz without notice at any time.
17.1 We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
17.2 We cannot guarantee Alphasupps.co.nz will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you.
LIMITATIONS OF LIABILITY
we exclude all implied terms and warranties whether statutory or otherwise, relating to the Alphasupps.co.nz or the subject matter of this agreement. You acknowledge that the Site is provided "as is" and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose.
18.1 we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realize expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to this agreement.
18.2 Where any law implies in this agreement any term, and that law voids or prohibits provisions which exclude or modify the operation of such term, then the term is taken to be included in this agreement. However, our liability for breach of such term will be, if permitted by law, limited to one of the following remedies (at our option):
• in the case of services: the resupply of the services; or the payment of the cost of resupply; and
• in the case of goods: the replacement of the goods, the supply of equivalent goods, the repair of the goods; the payment of the cost of replacing the goods (or of acquiring equivalent goods), or the payment of the cost of having the goods repaired.
18.3 Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
18.4 Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by law.
19.1 Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
20.0 We will maintain certain data that you transmit to the Alphasupps.co.nz for the purpose of managing the performance of the Alphasupps.co.nz, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.
20.1 You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
21.2 You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
In order to resolve a complaint regarding Alphasupps.co.nz or to receive further information regarding use of Alphasupps.co.nz, please contact us at: