eesel Terms and Conditions
The terms “we”, “us” and “our” refer to eesel online limited. eesel offers this website to you (the “user”) subject to your acceptance of these terms and conditions (“Terms of Service”) including all notices herein stated which cover all information, tools, and services available from this site. These terms apply to all users of our website and to all activities, including without limitation, to users who are browsers, vendors, customers, merchants, and/ or contributors of all web contents.
“eesel online”, “eesel” and all logos, signs and titles associated with eesel online limited are proprietary; no use, in any manner or form of these items are allowed without our prior written consent.
By using our website, you engage in our “Services” and agree to be bound by these terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
Please read these Terms and Conditions carefully before accessing or using our website.. If you do not agree to these terms in its entirety, please refrain from using the website in any means and for any purpose. If these terms are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Section 1 – Website Terms
By agreeing to these Terms and Condition, you confirm that you are at least at the right age to access our website and that you have given us your consent to allow any of your minor dependents (or another person/s under your legal care) to use this site.
You should not use our products for any illegal or unauthorized acts nor may you, in the use of our service, violate any laws in New Zealand and in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature through our website.
A breach or violation of any of the Terms will result in immediate termination of your account and services from us.
Section 2 – General Conditions
We reserve the right to decline anyone of our services regardless of reason at any time. You understand that your information provided to us (not including credit card information), may be transferred in a non-encrypted manner and involves (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
We will endeavour to protect your information and shall only use them with your prior consent unless otherwise stated in these terms and conditions and always subject to relevant laws and regulations.
Credit card information is always encrypted during transfer over networks and is being handled securely with our Trusted partners compliant with relevant rules and legislation.
You agree not to reproduce, duplicate, copy, sell, resell or exploit our Service, use of the Service, or access to the Service or any information on the website through which the service is provided, without any written consent from us.
The headings used in this agreement are included for convenience only and do not limit or otherwise have an effect on these Terms.
Section 3 – Accuracy, Completeness, and Timeliness of Information
We are not responsible for any inaccurate, incomplete or outdated information made available on this website. The material on this site is provided for general use and information only. The material or information should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the information and material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Section 4 – Modifications to the Services and Prices
Prices for our products are subject to change without prior notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without prior notice. We shall not have any liability to you or to any third-party for any modifications, price changes, suspensions or discontinuance of our Service.
Section 5 – Products or Services (if applicable)
Our products are all available exclusively online through the website. These products may have limited quantities and are subject to return or exchange in accordance with our Refund and Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear in our web store. We cannot guarantee that your computer monitor will display the images accurately.
We reserve the right but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at our sole discretion at any time without prior notice. We reserve the right to discontinue any product at any time without prior notice. Any offer for any particular product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
Section 6 – Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. 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 credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided by you at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases you made with us through any means. You agree to promptly update your account information, including your email address and relevant contact details so that we can complete your transactions and contact you as needed.
For more detail, please review our Refund and Return Policy.
Section 7 – Optional Tools
We may provide you with access to third-party tools; it should be noted that we neither have control over nor do we monitor those tools.
You acknowledge and agree that we may provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Section 8 – Third-Party Link
Certain contents, products, and services available via our website may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that may or may not be affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to your use of third-party websites including, without limitations, purchase of goods, services, resources, content, general access or any other transactions made in connection with those third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. We are not liable for any Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 9 – User Comments, Feedback, and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use that in any medium, any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or may contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Section 10 – Personal Information
Section 11 – Errors, Inaccuracies, and Omissions
Occasionally there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Section 12 – Prohibited Use
In addition to other prohibitions as set forth in this Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on, but not limited to, gender, sexual orientation, religion, ethnicity, race, age, national origin, social or cultural affiliations or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Section 13 – Disclaimer of Warranties; Limitations of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall eesel, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation to lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Our liability shall be limited to the maximum extent permitted by the law.
Section 14 – Indemnification
You agree to indemnify, defend and hold harmless eesel and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
Section 15 – Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 16 – Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Section 17 – Liability to Product Users
Water Sports is fun to play but it involves certain risks that may result in physical harm or loss of life. You confirm that by purchasing products from our store you confirm that you are at the right age and aware of the possible risks involved in the usage of our products. By purchasing products from our store you as the customer confirm the following,
- acknowledge that there are products that are for enjoyable hobbies such as camping, water sports, biking, etc. have associated risks of injury or sometimes loss of life
- You acknowledge that you are at the right age or being guided by a person at the right age when purchasing products from our store
- Warrant that you have no medical condition that will harm your health when using similar products for hobby and recreation.
- Acknowledge that you are responsible for your safety including the safety of others when using our products.
- Acknowledge that you will not hold eesel, its directors, employees and contractors or any third party associated with eesel any liability of any damage or harm due to an accident or improper use of our products.
Section 18 – Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this website or in respect to The Service constitutes 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, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 19 – Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.
Section 20 – Change to Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website without prior notice. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 21 – Contact Information
Questions about the Terms of Service should be sent to us through our Contact Us page.