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TERMS OF USE

1. ACCEPTANCE OF TERMS

Welcome to wrappz.co.nz. We provide the wrappz.co.nz Service (the Wrappz Service) to you, subject to these Terms of Use.

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of the wrappz.co.nz site (the Wrappz Site) and the Wrappz Service. Please read these Terms of Use carefully before you start to use the Wrappz Site. By using the Wrappz Site, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using the Wrappz Site.

Here are the meanings of the abbreviations and specific terms we use in these Terms of Use.

We may change these Terms of Use from time to time without notice to you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on the Wrappz Site. You are expected to check this page and the rest of the Wrappz Site from time to time to take notice of any such changes, provisions or notices, as they are binding on you.

2. INFORMATION ABOUT US

www.wrappz.co.nz is a site operated by FUJIFILM NZ Limited. FUJIFILM NZ Limited is registered in New Zealand under company number 49532 and has its registered office at 2c William Pickering Drive, Rosedale, Auckland, 0632, New Zealand. Phone 0800 242 646. PO Box 101500, North Shore, Auckland 0745.

3. ACCESSING OUR SITE

Access to the Wrappz Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Wrappz Site or the Wrappz Service at any time without notice. We will not be liable if for any reason either the Wrappz Site or the Wrappz Service is unavailable at any time or for any period.

4. DESCRIPTION OF SERVICE

Through the Wrappz Service, we provide users with access to a collection of on-line resources, including:

Unless stated otherwise, any new features that are added to the Wrappz Site or the Wrappz Service are automatically subject to these Terms of Use.

You acknowledge and agree that the Wrappz Site and the Wrappz Service are provided "as is" and that we assume no responsibility for the timeliness, deletion, or unavailability of either of them for any reason.

You are responsible for making all arrangements necessary for you to have access to the Wrappz Site. You are also responsible for ensuring that all persons who access the Wrappz Site through your internet connection are aware of these Terms of Use, and that they comply with them.

5. YOUR OBLIGATIONS AND SUPERVISING CHILDREN

You agree that, when using the Wrappz Site or the Wrappz Service, you will provide true, accurate, current and complete information about yourself as prompted by the Wrappz Site or the Wrappz Service (as the case may be).

If you provide any information that is untrue, inaccurate, out of date or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, out of date or incomplete, we have the right to refuse any and all current or future use of the Wrappz Site and/or the Wrappz Service (in whole or in part).

We are concerned about the safety and privacy of all our customers and users of the Wrappz Site and the Wrappz Service, particularly children. For this reason, parents who wish to allow their children access to the Wrappz Site or the Wrappz Service should assist them and supervise their access to the Wrappz Site or the Wrappz Service. By allowing your child access to the Wrappz Site or the Wrappz Service, you accept that they will be able to access all of the Wrappz Site and the Wrappz Service. Please remember that the Wrappz Site and the Wrappz Service are designed to appeal to a broad audience. Accordingly, as legal guardian of your child, it is your responsibility to determine whether any of the Content is appropriate for him or her. Children who are using the Wrappz Site or the Wrappz Service should be made aware of the potential risks to them and their obligation to comply with these Terms of Use when using the Wrappz Site and the Wrappz Service.

6. WRAPPZ.CO.NZ PRIVACY POLICY

You agree that data provided by or obtained about you during your use of the Wrappz Site or the Wrappz Service will be processed in accordance with our Privacy Policy.

7. USER CONDUCT

Whenever you make use of a feature that allows you to upload material to the Wrappz Site, you must comply with the Content standards set out in these Terms of Use. You warrant that any such material will comply with those standards (and in particular, but without limitation, will not constitute a Prohibited Use (as that term is defined later in these Terms of Use)), and you fully and personally indemnify us in relation to any breach of that warranty.

You acknowledge that all information, data, text, photographs, graphics, messages and other materials uploaded to the Wrappz Site, or transmitted by any person in connection with the Wrappz Service ("Content"), are the sole responsibility of the person from whom such Content originated. This means that you and not us are entirely responsible for all Content that you upload via the Wrappz Site or the Wrappz Service. We do not control the Content uploaded via the Wrappz Site or the Wrappz Service and, as such, do not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will we be liable in any way for any Content, including, but not limited to any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content uploaded otherwise transmitted via the Wrappz Site or the Wrappz service.

We have the right to disclose your identity to any third party who claims that any Content uploaded by you to the Wrappz Site constitutes a breach of their intellectual property rights, or of their right to privacy.

You agree to not use the Wrappz Site or the Wrappz Service to:

You acknowledge that we have no obligation to monitor or moderate Content. We will not be responsible as author, editor or publisher of any Content submitted by you and we expressly exclude any liability for any loss or damage arising from the use of the Wrappz Site or the Wrappz Service by any person for any of the Prohibited Uses or otherwise in contravention of these Terms of Use.

We shall have the right (but not the obligation) in our sole discretion to refuse, move or remove any Content that is available via, or uploaded to, the Wrappz Site or the Wrappz Service (as applicable) that breaches these Terms of Use or which we deem to be potentially defamatory of any person, unlawful or in breach of any third party's rights. You agree that you must evaluate, bear all risks associated with, and fully and personally indemnify us against any liability associated with, your use or uploading of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

8. BREACH OF THESE TERMS OF USE

When we consider that a breach of these Terms of Use has occurred, we may at our discretion take such action as we deem appropriate. Any carrying on of any Prohibited Use constitutes a material breach of these Terms of Use, and may result in us taking all or any of the following actions:

If you breach these Terms of Use by using the Wrappz Site or the Wrappz Service for a Prohibited Use, we will have no obligation to fulfil any order you may have placed with us and you accept that you will forfeit any money paid to us in the submitting of that order.

We exclude our liability for all action we may take in response to breaches of these Rules. The actions described above are not limited, and we may take any other action we reasonably deem appropriate.

9. RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on the Wrappz Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Wrappz Site, or by anyone who may be informed of any of its contents.

We make no warranty as to the accuracy, reliability, suitability or currency of the information on the Wrappz Site. We urge you to seek independent advice before acting on any information contained in the Wrappz Site.

10. SPECIAL TERMS FOR INTERNATIONAL USE

Recognising the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside. When you are on any international FUJIFILM NZ Limited property, you are bound by these Terms of Use and applicable laws governing that property.

11. GST

All prices expressed on the Wrappz Site are inclusive of Goods and Services Tax (GST), unless otherwise expressly stated.

Wrappz products delivered outside New Zealand are not subject to GST. For Wrappz products delivered outside New Zealand, to the extent that the price expressed on the Wrappz Site includes GST, the customer will not be charged for such GST but will be responsible for any sales tax or value added tax charged by authorities in the destination jurisdiction.

12. CUSTOMS FEES AND DUTIES

For any order shipped to a delivery address outside New Zealand the customer is the importer of record and will be responsible for any customs or import duties, tariffs or taxes.

13. INDEMNITY

You agree to indemnify and hold us and our Related Parties (as that term is defined in the Companies Act 1993), officers, employees and contractors harmless from any claim or demand made by any third party or any damages, costs, losses (including, without limitation, exemplary damages, loss of profits or consequential loss) and expenses of any kind, whether direct or indirect, which arise from or in connection with any Content you submit or transmit through the Wrappz Site or the Wrappz Service, your use of the Wrappz Site or the Wrappz Service, your connection to the Wrappz Site or the Wrappz Service, your breach of these Terms of Use, or your breach of any rights of any third party, or your act, omission or negligence.

14. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Wrappz Site or the Wrappz Service, use of the Wrappz Site or the Wrappz Service, or access to the Wrappz Site or the Wrappz Service.

15. MODIFICATIONS TO SERVICE

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Wrappz Site or the Wrappz Service (in whole or in part) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Wrappz Site or the Wrappz Service.

16. LINKS FROM OUR SITES

We may provide, or third parties may provide, links to other websites or resources through the Wrappz Site. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

17. LINKING TO OUR SITE

You may link to our wrappz.co.nz home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of the Wrappz Site other than the home page. We reserve the right to withdraw linking permission without notice.

The website from which you are linking must comply in all respects with the Content standards set out in these Terms of Use.

If you wish to make any use of material on the Wrappz Site other than that set out above, please contact us through the Business 2 Business Enquiry page

18. WRAPPZ.CO.NZ'S PROPRIETARY RIGHTS

You acknowledge and agree that the Wrappz Site or the Wrappz Service and any necessary software used in connection with the Wrappz Site or the Wrappz Service ("Software") contain proprietary and confidential information of FUJIFILM NZ Limited and Undercover Design Limited that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in information presented to you through the Wrappz Site, the Wrappz Service or the Software is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by us, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Wrappz Site or the Wrappz Service or the Software, in whole or in part.

You agree not to access the Wrappz Service by any means other than through the interface that is provided by us for that purpose on the Wrappz Site.

You must not use any part of the materials on the Wrappz Site for commercial purposes without obtaining a licence to do so from us or our licensors.

19. LEGAL NOTICES

You expressly acknowledge and agree that:

20. LIMITATION OF LIABILITY

You expressly acknowledge and agree that FUJIFILM NZ Limited, its Related Parties and any third parties connected to FUJIFILM NZ Limited shall not be liable for:

The above does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Wrappz Site or the Wrappz Service of these Terms of Use must be filed within 1 year after such claim or cause of action arose.

21. VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse the Wrappz Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful to the Wrappz Site, the Wrappz Service or any of our interests. You must not attempt to gain unauthorised access to the Wrappz Site, the server on which the Wrappz Site is stored or any server, computer or database connected to the Wrappz Site. You must not attack the Wrappz Site via a denial-of-service attack or a distributed denial-of service attack.

In the event of any breach of this clause 21, your right to use the Wrappz Site and the Wrappz Service will cease immediately.

We will not be liable for any cost, loss or damage (including without limitation, all of the types of loss, cost and damage referred to in clause 20) caused or incurred by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Wrappz Site or the Wrappz Service or to your downloading of any material posted on the Wrappz Site, or on any website linked to it.

22. NOTICE

Notices to you may be made via either email or regular mail. Our site may also provide notices of changes to these Terms of Use or other matters by displaying notices or links to notices to you generally on the Wrappz Site.

23. TRADEMARK INFORMATION

Wrappz.co.nz, the wrappz.co.nz logo and product and service names are trademarks owned by Undercover Design Limited, licenced to FUJIFILM NZ Limited. You agree not to display or use such marks, logos and/or branding without our prior express written permission.

24. COPYRIGHTS AND COPYRIGHT AGENTS

We respect the intellectual property of others, and we ask users of the Wrappz Site and the Wrappz Service to do the same. If you believe that any of your intellectual property rights have been infringed on the Wrappz Site or in connection with the Wrappz Service, please contact us to report the problem.

25. GENERAL INFORMATION

These Terms of Use constitute the entire agreement between you and us and govern your use of the Wrappz Site and the Wrappz Service, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.

These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of New Zealand.

The New Zealand courts will have exclusive jurisdiction over any claim arising from, or related to, the Wrappz Site or the Wrappz Service, although we retain the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country.

Any failure by us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.

Neither you nor us may assign or transfer any rights or obligations under these Terms of Use without the prior written consent of the other party, except that we shall be entitled to assign or transfer any or all of our rights and obligations (without your prior consent) to any Related Party.

The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

Copyright © 2013. All rights reserved.