TERMS AND CONDITIONS
DEFINITIONS
Membership has the meaning set out at clause 9.1.
SWN means Shop Whats New Limited.
User Content has the meaning set out at clause 10.1.
Website means www.shopwhatsnew.co.nz and shopwhatsnew.com.
Ownership: This Website is owned and operated by Shop Whats New Limited.
Use of this Website: By accessing or using this Website you agree that you have read, understood and are
bound by these terms. Your use of this Website is subject to the following conditions and all applicable laws.
If you do not agree with these terms then you are not permitted to use or browse this Website.
Modification to Terms: SWN may modify, alter or otherwise update these terms and conditions from time
to time, with or without notice. It is your responsibility to regularly check the Website to determine if there
have been changes to these terms and conditions and to review such changes. You agree to check these
terms and conditions and to be bound by such terms as are in effect at the time at which you access this
Website. SWN will include the date of the terms at the bottom of each page to help you identify whether
or not these terms have changed. Your continued use of this Website after any change constitutes your
acceptance of any new terms.
WEBSITE CONTENT
Products: SWN is a web portal which reproduces information supplied to SWN by third party retailers
on the Website. No products on this Website are offered for sale by SWN and SWN does not warrant or
represent the accuracy of or any of the information on the Website.
Copyright: Information on this Website is owned by or licenced to SWN. All material on this Website,
including without limitation, text, images, designs, graphics, pictures, video, software, music and sound
files, the layout, the look-and-feel and any other information contained on or in this Website (collectively
referred to as the Content) is subject to copyright, various intellectual property protections (registered and
unregistered) and other proprietary rights.
Restrictions: You may not copy, reproduce, display, publish, upload post, transmit, store (including in
electronic form) or modify in whole or part, whether in text, graphic, audio or video any part of the Content
without the prior written permission of SWN. You may not upload or republish Content on any Internet,
Intranet or Extranet site or incorporate the information in any other database or compilation, and any other
use of the Content is strictly prohibited.
Trademarks: Trademarks, logos, model names, brands and service marks (collectively referred to as
Marks) displayed on this Website are registered or unregistered Marks of SWN or have been licenced to
SWN for use on this Website by third parties. SWN is the owner or licencee of the Marks. You may not use
the any of Marks without the prior written permission of SWN.
UNAUTHORISED USE OR INTERFERANCE
Interference with the Website: You may not:
attempt to gain unauthorised access to any portion or feature of the Website, or attempt to obtain any
materials, information or documents through any means not purposely made available by SWN, including
without limitation, hacking, password mining or otherwise accessing data without authorisation;
test the vulnerability of the Website or any network connected to the Website or seek to trace any
information on any other user of the Website;
upload or use any software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or the Website;
use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or
impair the Website;
use automated scripts to collect information from or otherwise interact with the Website;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself;
use or transmit the private information of any third party, including, without limitation, names, addresses,
phone numbers and email addresses.
Compliance with Laws: You agree to comply with all applicable laws and with these terms and conditions
at all times when using the Website.
COOKIES
Cookies and Information Collected: Cookies are small files which are temporarily installed on your
hard drive. This Website uses cookies solely to retrieve aggregate information to perform analyses of the
characteristics and behaviours of Website users and in order to make improvements to the site. SWN
uses cookies to keep track of their users’ preferences and thereby design the Website to best meet users’
requirements. This information is not used to identify individual Website users. Information collected using
cookies includes non-personal information such as:
the Internet domain and IP address from which you are accessing the web site;
the browser and operating system you are using;
the date and time you access the site;
the pages you visit; and
whether you arrived at the SWN Website via a link from another site and the address of such site.
Consent: By using this Website you consent to SWN’s collection and use of the information collected
from cookies. However, you can prevent cookies from being saved on your hard drive by selecting the
appropriate setting on your browser – simply follow your particular browser’s instructions. You may continue
to use this Website even if you deactivate cookies, however deactivating cookies may mean that you might
no longer be able to enjoy offers from SWN in their entirety.
INFORMATON, INTERACTIVE FEATURES AND SERVICES
Subject to change: SWN may from time to time make information, interactive features, services and
information available on the Website. SWN endeavours to ensure that all information (including product
features, models, illustrations, representations, specifications and prices), whether alone or part of an
interactive feature or service on this Website, is accurate at the time uploaded to the Website. However
because products displayed on the Website are offered by third party retailers and information about
those products is supplied by those third party retailers to SWN, product features, models, illustrations,
representations, specifications and prices, are subject to change without notice and SWN makes no
commitment or representation as to the information or the availability of any good or service.
Indicative Only:
All information (including product features, models, illustrations, representations,
specifications and prices) whether alone or part of an interactive feature or service and any visual
representations provided by SWN is for information purposes only and is not intended to be relied or acted
upon for any particular purpose.
ELECTRONIC MESSAGES
Consent to Receive Electronic Messages: If you enter your email address into the Website then you have
agreed to SWN providing you with unsolicited information about SWN products and services and products
and services of Retailers who subscribe to SWN’s services in electronic form to that email address.
Electronic Messages: Every unsolicited email which SWN sends you containing information about SWN
products and services and products and services of Retailers who subscribe to SWN’s services will include
the following:
an unsubscribe facility which will remove your email address from SWN’s database within 5 working days of
SWN receiving your unsubscribe request; and
the name of the person at SWN who authorised the email to be sent and that persons contact details.
Removal of your Email Address: You may request that SWN delete your email address at any time by
either contacting SWN in writing, email or using the functional unsubscribe feature on an email you may
have received from SWN.
EXCLUSIONS OF WARRANTY AND LIABLITY
Links: Links and references to other Websites are included on this Website as a convenience only. SWN
may not have reviewed and does not endorse or assume any responsibility for any other websites, material
posted on them, or products or services offered on those websites. SWN excludes all liability for any
dealings or arrangements a user of this Website may have or make with third party retailers as a result of
selecting a link shown on the Website.
Transmitted Information: You acknowledge that any information or material which you provide
electronically through your access to or usage of this Website is not confidential or proprietary and
acknowledge that unprotected communication over the Internet is subject to possible interception, alteration
or loss. You acknowledge and agree that Internet transmissions are never entirely secure or private, and
that any message or information you send to or through the Website may be read or intercepted by others,
even where a Website is stated as being secure. SWN shall have no liability for the interception or 'hacking'
of data through the Website by unauthorised third parties.
Website content: SWN may update the information or materials on this Website from time to time and
no assurance is given that information or material on this Website is up-to-date, accurate, error-free or
complete. SWN does not represent or warrant that the information, services or materials accessed from or
through this Website will be uninterrupted or free of errors, defects, viruses or other harmful components, or
that any such problems which are discovered will be corrected.
Links: This Website contains advertisements, hyperlinks and pointers to websites operated by third party
retailers. We have not reviewed any third party website and are not responsible for the content or accuracy
of any third party web pages or any other websites linked to this Website (including without limitation
websites linked through advertisements). The inclusion of any link does not imply that we endorse the linked
site, and you use the links at your own risk. Your correspondence or dealings with, purchases of any goods
or participation in promotions on third party websites are solely between you and the third party providers.
Website functionality and availability: SWN makes no representation or warranty regarding the
functionality or condition of this Website, its suitability for use, or that its use will be uninterrupted or error-
free.
Liability excluded: SWN will not be liable to any person or entity for any damage, direct or indirect,
incidental, special or consequential for access to, use of or inability to use this Website. SWN assumes
no liability for errors or omissions in the content or any services available on this Website including any
inaccuracies and for any non-compliance by any goods or services with any representations, illustrations,
specifications, product features, colour or other information contained on this Website. This Website and all
content, features, and services on this Website are provided "as is" without warranty of any kind, whether
express or implied, including but not limited to implied warranties of fitness for a particular purpose.
User Content: SWN, its directors, employees or agents shall not be responsible for or liable for:
any User Content on the Website;
indirect, consequential, exemplary or incidental damages, including for any lost data from any User Content
even if SWN is aware or has been advised of the possibility of such damage.
MEMBERSHIP OF THE WEBSITE
Purpose: Registration as a user of the Website (Membership) is intended solely for and restricted
to people who are interested in fashion and the retailers offering products on the Website, otherwise
Membership is unauthorised and in breach of these terms and conditions.
Responsibilities: If you have a Membership you agree to:
provide accurate, current and complete information about you;
maintain the security of any password or membership identity that is allocated to you;
be fully responsible for all use of your Membership and for any actions that take place in the name of your
Membership.
Indemnity: Every person who applies for a Membership or uses the Website covenants with SWN that they
will at all times indemnify SWN and keep SWN indemnified from and against any and all claims, demands,
proceedings, losses, costs, expenses or other liabilities whatsoever that have or may be brought against,
suffered, sustained or incurred by SWN:
in relation to any breach of these terms and conditions by a member or user of this Website;
in relation to any User Content;
in respect of any breach of any legislation, ordinances, regulations, by-laws, orders and proclamations made
or issued under any statute and with the lawful requirements of public and other authorities including without
limitation the Fair Trading Act 1986 and Consumer Guarantees Act 1993.
MEMBERSHIP AND CONTENT
Responsibility for Content: You are solely responsible for the photos, profiles, messages, notes, text,
information and other content that you upload, publish or display on the Website (User Content).
Personal Information: You may not post User Content on the Website that is not your own personal
information
SWN Review and Removal of Content: You understand and agree that SWN may review all User Content
which you post and may at its sole discretion delete, remove, edit any part of the User Content, for any
reason or no reason.
SWN Rights: When any by posting User Content to the Website, you:
authorise and direct SWN to make such copies as SWN deems necessary in order to facilitate use of the
Website; and
automatically grant, and you represent and warrant that you have the right to grant, to SWN an irrevocable,
perpetual, non-exclusive, transferable, royalty free and worldwide license (with the right to sublicense) to
use, copy, publicly display, reformat, translate, excerpt (in whole or in part) and distribute the User Content or
any part of it for any purpose.
Featured Members and Content: SWN may, in its sole discretion, feature any of the User Content on the
Website, feature the Members profile on the Website or elsewhere and/or promote the Member or User
Content in any other way including use of the User Content in any SWN marketing campaign.
Deleting Memberships: You may remove any User Content from the Website at any time by sending an
email to [email protected].
CONDUCT BY MEMBERS
Personal Use Only: You understand that the Website is available for personal, non-commercial use only.
Warranties: You represent, warrant and agree that:
all User Content:
relates to you; and
has been created by you
no materials of any kind submitted through your Membership or otherwise posted, transmitted, or shared by
you on or through the Website will violate or infringe upon the rights of any third party, including copyright,
trademark, privacy, publicity or other personal or proprietary rights; or contain defamatory or otherwise
unlawful material.
Restrictions: In addition, you agree not to:
use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or
impair the Website;
use automated scripts to collect information from or otherwise interact with the Website;
register for more than one Membership, register for a Membership on behalf of another person or register for
a Membership on behalf of any group or entity;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself;
post any User Content that:
SWN deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing,
vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise
objectionable;
includes any private information of any person, including, without limitation, addresses, phone numbers and
email addresses;
in the sole judgment SWN, is objectionable or which restricts or inhibits any other person from using or
enjoying the Website, or which may expose SWN or its users to any harm or liability of any type;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or the Website.
Passwords: Where you register on the Website you may be asked for your name, email address and a
password. Because your username and password allows online access to information you have stored
SWN advises you to keep your username and password secure and you should not give out your user name
or password to any other person. SWN will never ask you to disclosure your password.
Password Security: SWN recommends the password you select should not relate to any readily accessible
data such as your name, birth date, address, telephone number, driver's licence, licence plate or passport.
Nor may it be an obvious combination of letters and numbers, including sequential or same numbers or
letters. You are entirely responsible for maintaining the security of your login and password, and for all
activity which occurs on or through your account, whether authorised or unauthorised. If any unauthorised
party gains access to your username and password, please notify us immediately and change your
password immediately. SWN shall not have any liability for your failure to comply with these obligations.
Termination: SWN may terminate your Membership, delete any personal information and any User Content
posted on the Website and/or prohibit you from using or accessing the Website for any reason, or no reason,
at any time in its sole discretion, with or without notice.
MISCELLANEOUS
Contact Details: You may contact SWN by email at [email protected] or by mail to SWN at
PO Box 105569, Auckland 1143.
No Contracting Out: Nothing in these terms and conditions should be taken to limit the operation of the
Fair Trading Act 1986 or the Consumer Guarantees Act 1993.
Governing Law: Use of this Website and these terms shall be governed by the laws of New Zealand
without reference to principles of conflict of laws. You agree to be bound by such laws and irrevocably agree
to submit to the jurisdiction of the courts of New Zealand in connection with the interpretation or application
of these terms. Those who choose to access this Website from other locations do so on their own initiative
and are responsible for compliance with local laws, if and to the extent local laws are applicable.
