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Terms & Conditions

15th of July 2013

By visiting astraqom.co.nz ("AstraQom New Zealand" or "Website") you agree to the following terms & conditions.

Please read these Terms & Conditions carefully before agreeing to be bound by the same. If you do not agree to be bound by the Terms & Conditions, do not access or use this Website.

This website is provided by AstraQom NZ Limited. By using this and placing any purchase orders using the Website, you agree to abide by the terms and conditions set forth herein. Only upon acceptance of the terms contained herein, you will be entitled to submit electronic orders. Any violation of the terms will result in termination of your account.

This website is not intended for persons under 18 years of age.

AstraQom Terms & Conditions

Privacy Policy

AstraQom NZ Limited takes your privacy seriously. Please read the following to learn more about our privacy policy.

1. This Policy applies to all AstraQom NZ Limited Web Sites ("Web Sites"). This Policy does not apply to other companies' or organisations' Web Sites to which we link. You should carefully review the privacy policies of those Web Sites in order to determine how they treat your personal information.

2. This policy describes what types of information we gather about you, how we use it, under what circumstances we disclose it to third-parties, and your rights to update or correct it.

3. This policy does not apply to the practices of companies or Web Sites that AstraQom NZ Limited does not own or control; or to people that AstraQom NZ Limited does not employ or manage.

Changes to the Privacy Policy

AstraQom NZ Limited will occasionally update this Privacy Policy in response to changing business circumstances and legal developments. When AstraQom NZ Limited posts changes to this Policy, you will see a date depicting the last update of the policy on the top of this page. If there are material changes to this Policy or in how AstraQom NZ Limited uses your personally identifiable information, AstraQom NZ Limited will prominently post such changes prior to implementing the change.

AstraQom NZ Limited encourages you to periodically review this Policy to be informed of how we are protecting your information. You may review our policy anytime as it will always be linked to our web sites.

Use Common Sense in All Your Online Activities

Even the best policy can't protect your online privacy and security in all circumstances. Unscrupulous advertisers, hackers and scam artists are constantly searching the Internet looking for new targets. Your best protection is to understand the limits to privacy on the Internet and use common sense in all of your online activities.

Be aware that e-mail is an inherently insecure form of communication. Remember that third parties are sometimes able to illegally intercept your unencrypted messages, including online greetings.

Anytime you visit a chat room or post a message to an online bulletin board, your e-mail address can be accessed by advertisers looking to compile lists for unsolicited commercial e-mail (also known as spam). Be sure that you only disclose your e-mail address in circumstances in which it is safe to do so.

Beware of scams in which persons unknown to you request your screen name, password, or credit card information. Make sure you verify the identity of anyone asking for personal information.

Contact Information

If you have questions or concerns regarding this Policy, you should email AstraQom NZ Limited Customer Service.

Aggregate Data

We gather certain generic information with respect to customers' use of our Web Sites. Information may include number of unique visitors, the frequency with which they visit, and the areas on the Web Sites that they favour. These statistics are very much like television ratings that tell the networks how many people tuned in to a program. We only use this type of data in the aggregate, on a collective basis, in summary form, rather than on an individual basis. This data helps us determine the extent to which our customers use certain parts of our Web Sites, which, in turn, enables us to make it as appealing as possible. We may also share aggregate data of customers' collective use of our Web Sites with advertisers, sponsors and other companies with which we do business ("Affiliates" or "Business Partners"). We do this so they, too, can improve functionality and offer services and materials that users want.

Cookies

We use "cookies" on our Web Sites. Cookies are pieces of information or data sent to your browser from a web server and stored on your computer's hard drive for record-keeping purposes. Cookies tell our computer that you've visited before and can help to make your visit more personal so you don't have to re-enter info on a return visit. Cookies also allow us to count the number of unique and return visitors who use our Web Sites.

Most browsers are initially set up to accept cookies. If you prefer, you can reset your browser to notify you when you've received a cookie or, alternatively, to refuse to accept cookies. It is important to note that you may not be able to use certain features like checking out (and participate in certain offerings) on our Web Sites if you choose not to accept cookies. Cookies can also enable us to track and target the interests of our users to enhance their experience on our Web Sites.

Third Party Advertiser Cookies

We use third-party advertising companies who use cookies to serve our ads on the Internet. To do so, these companies may use anonymous information about your visits to our Web Sites and other Web Sites. This information can include: date/time of banner ad shown, the banner ad that was shown, their cookie, the IP address. This information can also be used for online preference marketing purposes. AstraQom NZ Limited does not use or have access to this information. If you want to prevent a third-party advertiser from setting and/or reading cookies on your computer, currently you may either visit each ad network's Web Sites individually and opt out or visit the Web Sites of the National Advertising Initiative ("NAI") to opt-out of all network advertising cookies at: http://www.networkadvertising.org/

IP Addresses

We collect and analyse traffic on our Web Sites by keeping track of the IP addresses of our visitors. An IP address is a unique number assigned to your computer when you are using your browser on the Internet. We log this information so that we can monitor things like the number of visitors visiting the Web Sites; however, we do not link your IP address to any personally identifying information.

Personalising Your Experience on the Web Sites

We try to personalise your experience on our Web Sites by tracking content you have interacted with on the website or purchased in the past. We use your previous information in order to shape our recommendations about products and services that might be of interest to you. We also examine customer traffic patterns and Web Sites usage to help us enhance the design and layout of the Web Sites and make it easier to navigate. From time to time, we may send you surveys or solicit your feedback. We may use surveys to gage user interest in new products and premiums we may offer. From time to time, we may ask for your feedback on site features. We will use the information we gather to improve our Web Sites and provide a more meaningful experience for our users. We may also use the information to alert you about offers and products in which you may be interested in. You will always have the option to opt out of this process.

Subscribing to our Newsletter

We send email notifications and information to users who have opted in. Those notifications may be, but not limited to, our exclusive Newsletter, information on new features, new content, other products and services. These communications are sent to you directly by AstraQom NZ Limited. In order to receive the emailed information you must have subscribed via one of our Web Sites or other sources such as our mailing/customer list. It is our intention to always allow you to opt out of any of our lists. When you receive any Newsletter or email and you want to unsubscribe, you can simply follow the "unsubscribe" links at the bottom of each edition.

Offers from Our Business Partners

AstraQom NZ Limited may also offer you the opportunity to receive money-saving offers, discounts and promotions from our Business Partners. These communications may come from AstraQom NZ Limited or directly from the partners themselves. We may also share with them certain demographic or geographic preference and other personally identifiable information we have gathered about you. This will help them in directing to you offers that are more likely to be of interest.

This program is conducted on an opt-in basis. In order to receive the offers, you must affirmatively check to receive information from us. If you leave the box unchecked, you will not receive any offers. If you do sign up for the program but later change your mind, you are free at any time to opt-out by following the procedures outlined in Opt-Out/Changing Your Status.

Information Gathered from Members

If you elect to purchase a product on an AstraQom NZ Limited owned web site, you will be required to provide us with certain personal information, including your name, e-mail address, credit card number, expiration date and billing address (this required information is subject to change from time to time). There may also be opportunities for you to provide us with additional information regarding your preferences and interests. This information, however, is not required and is completely optional on your part. Additional data may be collected from you based upon certain services you elect to utilise on our Web Sites, email addresses for example. By obtaining this information, we can provide our Members with specific content and advertising in which they might be interested. None of this information is required to use our service or to become a user; however, the omission of certain types of data will limit the value of your use of these features. If you become a user of our Web Sites or from one of our co-branded Web Sites, we may share your registration information with the co-branded partner.

Uses of Personal Information

If you have provided us your consent via opt-in subscription, we may use the information we have collected about you in five ways:

  • To send personalised, targeted information that we think our users will find relevant, either from AstraQom NZ Limited or directly from its Business Partners;
  • To support any of your requests like order processing;
  • To send promotions and coupons based on user interests;
  • To contact the user for feedback and surveys; and
  • To send the user other information about AstraQom NZ Limited or its Business Partners. These communications include but are not limited to e-mail, postal mail.

On-Site Advertising

AstraQom NZ Limited may also use information about you to target advertising while you are visiting our Web Sites. We may use cookie files to assure that you will not be served the same ads repeatedly.

Order Fulfillment

From time to time, you may be given the opportunity to order products and services directly from one of our Web Sites, the Newsletters or in other communications you may receive from AstraQom NZ Limited. To process your order AstraQom NZ Limited may provide these partners with your name, street address, e-mail address, phone number, and credit card information.

AstraQom NZ Limited will limit the types of information shared to the minimum necessary to efficiently process your order. In some cases you are ordering products from a business partner and in accepting these offers, you become subject to its privacy policy. We will always notify you if this is the case. We encourage you to review these companies' privacy policies and only do business with those who adhere to personal information practices with which you are comfortable.

Disclosure Exceptions

Notwithstanding the above policies, we reserve the right to disclose your personal information to appropriate third-parties if we are required to do so by law or we believe that such action is necessary:

  • To comply with legal process such as a search warrant, subpoena or court order;
  • To protect the company's rights and property;
  • To investigate reports of users sending material using a false e-mail address or users sending harassing, threatening, or abusive messages;
  • To protect AstraQom NZ Limited against misuse or unauthorised use of our Web Sites and/or the AstraQom NZ Limited service; or
  • During emergencies, such as when we believe someone's physical safety is at risk.

General Matters

If you have questions or concerns regarding this Policy, you should email AstraQom NZ Limited Customer Service.

Opt-Out/Changing Your Status

Any time you receive an email from us you can change your status. Every communication AstraQom NZ Limited ends with a clearly worded "Opt-Out" or "Unsubscribe" link allowing you to withdraw your permission for future mailings. This system is automated and must be contacted from the email address you wish to have removed. Permission changes will be honoured as soon as possible after receipt. Please allow five to seven days for processing.

Permission changes will however not affect any information which you provided to us and which we previously shared with our Business Partners.

Sale of Assets

In the event that AstraQom NZ Limited and/or its units or subsidiaries are ever sold, acquired, merged, liquidated, reorganised, or otherwise transferred, we reserve the right to transfer our user databases together with any personally identifiable information contained therein, to a third-party acquiring AstraQom's assets.

Data Security

When you place orders for purchased products or access your payment information, we use an advanced encryption technology known as Secure Socket Layer (SSL) to protect the storage and transfer of your data from unauthorised parties. While on a secure page, such as our registration form, a lock or key icon appears on the bottom of your web browser. In addition to our online security efforts, we take reasonable steps to protect your personal data offline, as well. All of your information, not just the sensitive information mentioned above, is restricted in our offices. AstraQom's main servers are operated from a variety of dedicated Internet hosting facilities with state-of-the-art physical security features, including smoke detection and fire suppression systems, motion sensors, and 24x7 secured access, as well as video camera surveillance and security breach alarms. If you have any questions about the security at our websites, you can send an email.

Account Terms

By registering with the Website you can access or view the prices, product inventories, and submit purchase orders electronically. You are responsible for using the Website in a private and secure manner. We will not be liable for any damage or loss caused from any unauthorised account access resulting from your actions, such as not logging out of the account or sharing your account password. We reserve the right to refuse registration or cancel an account at any time.

Payment

You agree to pay the full price for all Products you purchase from the Website. We reserve the right to charge extra charges for your credit card or PayPal account for any products purchased from the Website. You are responsible for the timely payment of all fees and for providing us with a valid credit card or PayPal account details for payment of all fees. Alternatively, you may contact us directly to make your payment. Terms for payments made through direct contact will be discussed at the time they are made.

Acceptable Use

While using AstraQom NZ Limited Websites, the following are forbidden:

1. Post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, pornographic or profane information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, provincial, state, national or international law, including without limitation, export control laws and regulations;

2. Post or transmit any information or software that the sender is aware contains a virus, worm or other harmful component;

3. Upload, post, publish, transmit, reproduce or distribute in any way, information, software or other material which is protected by copyright or other proprietary right, without obtaining the permission of the copyright owner or right holder;

4. Account sharing, including without limitation, letting third parties use your account and password.

Modification of these Terms & Conditions

AstraQom NZ Limited reserves the right to change or modify any of the terms contained in these terms & conditions, at any time. Any such modifications or changes will immediately become effective upon posting of such changes. Your continued access or use of this Website will imply your full acceptance of the same. You are therefore responsible for regularly reviewing these Terms & Conditions and additional terms or notices posted on the Website.

Electronic Communications

When you visit the Website or send any emails to us, you will be communicating electronically with us. By such electronic communication you agree to receive such communications from us electronically. You acknowledge that your electronic submissions constitute your agreement and your acceptance to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all transactions you enter into on the Website and all records including notices of cancellation, policies, contracts, and applications.

Return Policy

AstraQom places great emphasis on customer satisfaction. If we sell any good that does not meet your expectations, you can bring it back.

Unlike most retailers, we also guarantee the product selection advice offered through our catalog, website and staff; if an item you've purchased based on this advice turns out to be unsuitable, you can return it. In either case, simply return the item for exchange, refund, repair or credit.

If you have any questions about our guarantee, please email us at clients@astraqom.co.nz or call us at (09) 801-09-99.

Returning by mail

Returned items must be sent via registered, prepaid Regular Mail or courier.

Registering your package allows you to track your parcel with New Zealand Post.

If you are requesting an exchange, once our technicians identify your device as faulty, we will pay the shipping for the new product when we ship.

Please note:
We cannot accept COD deliveries
Mail returns to: AstraQom NZ Limited, 6 Clayton St, Suite 215A, Level 3, Suite 350, Newmarket, Auckland 1023, New Zealand.

Refund Policy

AstraQom devices may be returned to AstraQom within thirty (30) days of the reception, provided that:

  • You have retained proof of purchase, and
  • AstraQom hardware is in its original condition, not damaged and with all documentation and packaging materials.

After the thirty days time limit, all items are non-refundable.

In case you have received AstraQom packaging and/or devices that are visibly damaged, please indicate it to the courier and mark the package accordingly in his presence prior to contacting AstraQom. For warranty coverage, please refer to warranty documentation received in your package.

Please note that in case of returns that do not require a replacement there will be no refunds for the shipping fees, nor pro-rated credits for AstraQom's services. All refunds for unused services will be credited on the customer's upcoming invoice, or, in the case of a closure, will be refunded through the same method used for initial payment of the amount.

Copyright and Licenses

This Website and the entire content contained on this Website, including but not limited to: text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the sole and exclusive property of AstraQom NZ Limited. All such contents and materials are protected by domestic and international copyright and trademark laws. You hereby agree not to modify, copy, reproduce, republish, upload, post, transmit or distribute any portion of the Website or any contents contained on the Website without the prior expressed written consent of AstraQom NZ Limited.

Applicable Law

By visiting the Website, you agree that the laws of Auckland, New Zealand, without regard to principles of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise between you and AstraQom NZ Limited.

Disputes

Any dispute relating in any way to your visit or access of the Website or to the products you purchase through the Website shall be submitted to binding arbitration in New Zealand. Arbitration under these Terms & Conditions shall be conducted under the rules then prevailing of the New Zealand Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.

License

AstraQom NZ Limited grants you a non-exclusive, non-transferable, limited license to access and make use of the contents or information available on the Website for your personal use and not to download or modify it or any portion of it, except with the express written consent of AstraQom NZ Limited. You may not reproduce, duplicate, adapt, copy, sell, resell, transmit or otherwise exploit for any commercial purpose this Website or any portion of this Website without the express written consent of AstraQom NZ Limited. You agree not to interrupt or attempt to interrupt the operation of the Website in any way.

AstraQom NZ Limited authorises you to view and download the information and materials available on this Website only for your personal, non-commercial use. This authorisation shall not constitute a transfer of title in and to the materials and is subject to the following restrictions: (a) you must retain, on all copies of the materials downloaded, all copyright and other proprietary notices contained in the materials; (b) you may not modify the materials in any way or reproduce or publicly display, perform or distribute or otherwise use them for any public or commercial purpose; and (c) you must not transfer the materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions.

Indemnification

You agree to indemnify, defend and hold harmless the Website, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the Website from and against all losses, expenses, damages and costs, including attorney's fees, resulting from any violation of these Terms & Conditions (including negligent or wrongful conduct) by you or your use and access of the Website.

Third Party Links

For your convenience we may provide on the Website links to third party websites operated by other entities. If you use such third party sites, you will leave this Website. If you decide to visit any linked third party website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. AstraQom NZ Limited does not make any warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Any third party links do not imply that sponsors, endorses are affiliated or associated with any linked third party websites.

Other Provisions

Failure to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms & Conditions.

AstraQom NZ Limited may assign its rights and duties under these Terms & Conditions to any party at any time without notice to you. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.

Disclaimer of Warranty/Limitation of Liability

THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY WEBSITE ON AN "AS IS" AND "AS AVAILABLE" BASIS. ASTRAQOM NZ LIMITED MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ASTRAQOM NZ LIMITED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ASTRAQOM NZ LIMITED DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ASTRAQOM NZ LIMITED WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

ASTRAQOM NZ LIMITED USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. ASTRAQOM NZ LIMITED ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION, ASTRAQOM NZ LIMITED SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY.

CERTAIN PROVINCE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

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