OVERVIEW
This website is operated by Cell Squared. Throughout the site, the terms "we", "us" and "our" refer to Cell Squared. Cell Squared offers this website, including all information, tools and services available from this site to you, the user, on the condition that you accept the terms, conditions, policies and notices stated here.
By visiting our site or purchasing something from us, you engage in our service and agree to be bound by these Terms of Service, including the additional terms and policies referenced here or available by hyperlink. These Terms apply to all users of the site, including browsers, vendors, customers, merchants and contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by them. If you do not agree to all of these Terms, you may not access the website or use any services. If these Terms are considered an offer, acceptance is limited to these Terms.
Any new features or tools added to the store are also subject to these Terms. You can review the most current version at any time on this page. We may update, change or replace any part of these Terms by posting updates on our website. It is your responsibility to check this page periodically. Your continued use of the website after changes are posted is acceptance of those changes.
Our store is hosted on Shopify Inc. Shopify provides the e-commerce platform that allows us to sell our products and services to you.
Cell Squared is an Australian business, ABN 69 627 980 143. This store supplies goods to New Zealand customers from Australia. We are in trade.
SECTION 1 — ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your country or state of residence, or that you are the age of majority and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose, or use the service in a way that violates any laws in your jurisdiction, including copyright laws.
You must not transmit any worms, viruses or code of a destructive nature.
A breach of any of these Terms will result in immediate termination of your services.
SECTION 2 — GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time, except where doing so would breach the Fair Trading Act 1986 or the Consumer Guarantees Act 1993.
You understand that your content, not including credit card information, may be transferred unencrypted and may involve transmissions over various networks, and changes to meet the technical requirements of connecting networks or devices. Credit card information is encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, or any contact on the website through which the service is provided, without our express written permission.
The headings in these Terms are for convenience only and do not limit them.
SECTION 3 — ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information on this site is not accurate, complete or current, except where we are required to be accurate under the Fair Trading Act 1986. The material on this site is general information only and should not be relied on as the sole basis for decisions without checking a more complete source. Any reliance on the material on this site is at your own risk.
This site may contain historical information. Historical information is not current and is provided for reference only. We may modify the contents of this site at any time, but we have no obligation to update information except where the law requires it. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 — MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice, except that a price shown to you at checkout for an order you have placed will be honoured for that order unless we contact you and you agree to a change, or the order is cancelled under Section 11.
We may modify or discontinue the service, or any part of it, at any time. We are not liable to you or to any third party for any modification, price change, suspension or discontinuance of the service, except where liability cannot be excluded under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.
SECTION 5 — PRODUCTS OR SERVICES
Some products or services may be available only online. They may have limited quantities and are subject to return or exchange under our Refund Policy and, if you are a New Zealand consumer, under the Consumer Guarantees Act 1993.
We have made every effort to display the colours and images of our products accurately. We cannot guarantee that your monitor's display of any colour will be accurate.
We may limit the sale of our products or services to any person, geographic region or jurisdiction, and we may limit quantities. Descriptions and prices may change without notice. We may discontinue any product at any time. Any offer on this site is void where prohibited.
We do not warrant that products, services or information will meet your expectations, or that any error in the service will be corrected, except for the guarantees that apply under the Consumer Guarantees Act 1993.
SECTION 6 — ACCURACY OF BILLING AND ACCOUNT INFORMATION
We may refuse any order. We may limit or cancel quantities purchased per person, per household or per order, including orders placed by the same account, the same credit card, or the same billing or shipping address. If we change or cancel an order, we may contact you using the email, billing address or phone number provided when the order was made. We may limit or prohibit orders that appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information, and to update your account, email address and payment details so we can complete your transactions and contact you.
SECTION 7 — NEW ZEALAND CONSUMERS
If you are a New Zealand consumer buying goods for personal, domestic or household use, the Fair Trading Act 1986 and the Consumer Guarantees Act 1993 apply to your purchase. Those Acts apply even though we are based outside New Zealand and this store is hosted overseas.
Nothing in these Terms limits, excludes or modifies any guarantee, right or remedy you have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986, except where the law allows it. The warranty disclaimer and liability limits in Section 13 do not apply to those rights.
Under the Consumer Guarantees Act, goods we supply must be of acceptable quality, match their description, and be fit for any purpose we have told you they are fit for. If goods fail a guarantee, you may be entitled to a repair, replacement or refund, and in some cases to compensation. Contact us atinfo@cellsquared.com.au and we will handle the claim directly.
These rights cannot be contracted out of for goods ordinarily bought for personal, domestic or household use. A separate written agreement is required before those rights can be limited on a business purchase.
SECTION 8 — OPTIONAL TOOLS
We may give you access to third-party tools that we do not monitor or control. We provide access to those tools as is and as available, without warranties or endorsement, except for any guarantee that cannot be excluded. We are not liable for your use of optional third-party tools, to the extent the law allows. Any use of those tools is at your own risk, and you should read the terms on which the third party provides them.
New services or features offered through the website are also subject to these Terms.
SECTION 9 — THIRD-PARTY LINKS
Some content, products and services available through our service may include material from third parties. Links on this site may take you to websites that are not affiliated with us. We are not responsible for examining or evaluating that content, and we are not liable for third-party materials, websites, products or services, except where liability cannot be excluded.
Complaints about third-party products should be directed to the third party.
SECTION 10 — USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send us submissions, ideas, suggestions, proposals or other materials, whether we asked for them or not, and whether online, by email or otherwise, you agree that we may edit, copy, publish, distribute, translate and otherwise use those comments in any medium, at any time, without restriction. We are not obliged to keep comments confidential, to pay for them, or to respond to them.
We may monitor, edit or remove content that we consider unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that breaches anyone's intellectual property or these Terms.
You agree that your comments will not violate any third-party right, including copyright, trademark, privacy or any other personal or proprietary right. You agree that your comments will not contain unlawful, abusive or obscene material, or any virus or malware. You may not use a false email address, pretend to be someone else, or mislead us about the origin of a comment. You are responsible for any comments you make. We take no responsibility for comments posted by you or any third party.
SECTION 11 — PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS
There may occasionally be typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times and availability. We may correct any errors and may cancel an order if information was inaccurate when you submitted it. If we cancel for that reason, we will refund any amount you have paid for the cancelled goods.
We are not obliged to update information on the site, except as required by law. A date shown on the site does not mean that all information has been updated.
SECTION 13 — PROHIBITED USES
You must not use the site or its content for any unlawful purpose; to solicit unlawful acts; to violate any applicable law; to infringe our intellectual property rights or those of others; to harass, abuse, insult, harm, defame, intimidate or discriminate; to submit false or misleading information; to upload viruses or malicious code; to collect or track the personal information of others; to spam, phish, scrape or crawl; for any obscene purpose; or to interfere with the security of the service. We may terminate your use of the service if you breach this section.
SECTION 14 — DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that results from the service will be accurate or reliable.
We may remove or cancel the service for indefinite periods, without notice.
Except for the rights in Section 7, the service and all products delivered through it are provided as is and as available, without representation or warranty, including any implied warranty of merchantability, fitness for a particular purpose, durability, title and non-infringement.
To the maximum extent permitted by law, Cell Squared and our directors, officers, employees, affiliates, agents, contractors, suppliers and licensors are not liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages, including lost profits, lost revenue, lost savings, loss of data or replacement costs, arising from your use of the service or any product procured through it. This limit does not apply to any guarantee, right or remedy under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 that cannot be excluded.
SECTION 15 — INDEMNIFICATION
You agree to indemnify Cell Squared and our affiliates, officers, directors, agents, contractors, licensors, suppliers and employees against any third-party claim or demand, including reasonable legal fees, arising out of your breach of these Terms or your violation of any law or the rights of a third party. This indemnity does not apply to the extent the claim arises from our breach of the Fair Trading Act 1986 or the Consumer Guarantees Act 1993.
SECTION 16 — SEVERABILITY
If any provision of these Terms is unlawful, void or unenforceable, it will be enforced to the fullest extent permitted by law, and the unenforceable part will be severed. That will not affect the remaining provisions.
SECTION 17 — TERMINATION
Obligations incurred before termination survive termination. These Terms apply until terminated by you or by us. You may terminate them at any time by telling us you no longer wish to use our services, or by ceasing to use the site.
If in our judgment you have failed to comply with these Terms, we may terminate this agreement without notice. You remain liable for amounts due up to the date of termination, and we may deny you access to our services. Termination does not affect any right you already have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.
SECTION 18 — ENTIRE AGREEMENT
Our failure to enforce any right or provision is not a waiver of it. These Terms and any policies posted on this site are the entire agreement between you and us and replace any earlier agreements. Any ambiguity in these Terms is not to be construed against the drafting party. If these Terms conflict with the Consumer Guarantees Act 1993 or the Fair Trading Act 1986, those Acts prevail for a New Zealand consumer purchase.
SECTION 19 — GOVERNING LAW
These Terms are governed by the laws of Australia. That choice of law does not affect any right you have under the Fair Trading Act 1986 or the Consumer Guarantees Act 1993 that cannot be excluded. The courts of New Zealand have jurisdiction over a claim by a New Zealand consumer under those Acts.
SECTION 20 — CHANGES TO TERMS OF SERVICE
You can review the current version of these Terms on this page. We may update them by posting changes on our website. It is your responsibility to check for changes. Continued use of the website after changes are posted is acceptance of those changes, except where a change would reduce a right you already have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.
SECTION 21 — CONTACT INFORMATION
Questions about these Terms should be sent toinfo@cellsquared.com.au.
Cell Squaredinfo@cellsquared.com.au ABN 69 627 980 143