Terms and Conditions
Welcome to ClickNCollect, the online shopping facility to allow local stores to set up an online store.
ClickNCollect is operated by Acronym Limited located in Auckland, and is an online forum designed for approved suppliers to sell their products directly to consumers. Reference to “ClickNCollect “, “we” “us” or “our” in these terms and conditions is deemed reference to Acronym Limited as the legal entity operating ClickNCollect.
As soon as your order is received, it is passed through to the applicable Store who you will then have all dealings with. If you have any queries or concerns with your product when received please email the Supplier in the first instance.
These terms and condition apply to the use of ClickNCollect’s website and services by prospective purchasers of products advertised on the website. They are intended to ensure that ClickNCollect remains a safe, fair and efficient online sales forum.
Expressions used in these terms and conditions are defined at the end of these terms and conditions.
- TERMS AND CONDITIONS BETWEEN YOU AND CLICKNCOLLECT
Acceptance of Terms and Conditions: By searching on the Website and purchasing products over the Website you accept, and agree to be bound by, these terms and conditions.
Amendment of Terms and Conditions: ClickNCollect may amend these terms and conditions at any time by posting amended or replacement terms and conditions on the Website. Amendments will take effect immediately on posting on the Website and it is your responsibility to ensure that you are familiar with the content of the latest version of the terms and conditions at all times. By continuing to use the Website you agree to be bound by any amendments to the terms and conditions made since your last use.
- EXPLANATION OF CLICKNCOLLECT WEBSITE AND SERVICES
ClickNCollect is an online shopping site that provides a structured marketing and sales forum for approved Suppliers to advertise and sell their Products online and for potential buyers to view and purchase Products advertised for sale. Acronym and/or any associated companies or persons is/are not the owners of the Products advertised and take no responsibility for any claims arising from consumer protection legislation or rights in any jurisdiction.
ClickNCollect is not buyer or seller of Products and does not otherwise participate in any Product sale transaction (as principal, agent or in any other capacity) apart from providing a mechanism for you to make payment for Products and facilitating the provision of any customer service and support that you may require.
ClickNCollect provides fuel discount rewards on completed purchases made at ClickNCollect.kiwi.nz.
- USING CLICKNCOLLECT’S WEBSITE
Age and Residency: To use the Website to purchase Products you must be:
- 18 years or over; and
- a New Zealand resident and located in New Zealand.
Provision of Information: When you use the Website to purchase any Products you will be required to provide certain information. You agree and warrant that:
- You will not use any false identities or personas and must provide us with your full legal name and current details;
- All information provided by you will be true and correct in all respects at the time it is given;
- You are responsible for ensuring that all information which is necessary to process any uncompleted sale transaction is kept up to date at all times, and will provide details of any changes to ClickNCollect and the Supplier of the relevant Products.
Continued use of Website: Your use of the Website is subject to ongoing vetting and authorisation by ClickNCollect, and we reserve the right to suspend your use of the Website or ban you from using the Website at any time for any reason. Without limiting the circumstances in which we may take such action, we may do so if you commit any breach of these terms and conditions, if you are bankrupt or insolvent, if you commit any crime in the course of using the Website or if we receive any complaints about your use of the Website.
Security: You will have sole responsibility for keeping your login information (including your user name, email address and password) confidential and secure and you agree:
- not to permit any other person to use your user name; and
- not to disclose, or provide to any other person, your user name, email address or password.
Sale of Liquor: ClickNCollect requires that all Suppliers who advertise and sell liquor over the Website hold the necessary liquor licence(s). You must be 18 years of age or over to order any liquor advertised on the Website by such a Supplier. By submitting an order for liquor, you confirm that you are 18 years of age or over, and the Supplier may require that you verify this. You indemnify us and each Supplier from whom you order liquor against any loss, damage, expense, claim or fine resulting from any misrepresentation of your age or other failure to comply with this requirement.
- GENERAL RULES FOR USE OF WEBSITE
Use: You must use the Website for the purpose of searching for potential Product purchases and to execute purchases of Products in accordance with the Website processes and instructions only.
Good faith: You must act in good faith toward ClickNCollect in using the Website.
Communications: You must:
- communicate with ClickNCollect and Suppliers for bona fide purposes only (for example, in relation to searching for, or enquiring about, Products or enquiring about use of the Website);
- not engage in any offensive communications over the Website;
- not use the Website for communicating with Suppliers with a view to engaging in purchase activities with Suppliers otherwise than through the Website.
Personal/Business: The Website may be used for personal or business use.
Comply with Instructions and Processes: You must comply with any directions given to you by ClickNCollect regarding your use of the Website and otherwise comply with the processes and procedures contained in the Website.
No damage/interference: You must not attempt to damage, interfere with or harm the Website or any network or system underlying or connected to it, including by using a robot, spider, software or other automated means of access to the Website or information featured on it, for any purpose.
- CLICKNCOLLECTS’S WEBSITE POLICIES
We may from time to time develop (and alter) policies relating to the use of the Website which are separate from these terms and conditions and which have general application to all users of the Website, and you must comply with all such policies as and when they are posted on the Website.
- SALE TRANSACTIONS VIA WEBSITE
Nature of transaction: A binding sale transaction for a Product will be entered into between you and a Supplier only when you place an order for an advertised Product (via the Website order mechanism) and the Supplier accepts that order (again via the Website mechanism). It is up to you (in terms of ensuring payment) and the Supplier (in terms of delivery) to then complete the sale. ClickNCollect is not a buyer or seller of any Products and does not participate in the sale transaction (as principal, agent or in any other capacity) apart from providing the payment mechanism as outlined below and facilitating the provision of any customer service and support that you may require.
Specific Buyer Obligations for Sale Transactions: The following specific requirements apply regarding sale transactions:
- Orders for Products may not be retracted once placed. By placing an order, you warrant and represent that you have the legal right to enter into the sale transaction;
- You must complete the purchase of a Product on notification of acceptance of your order (including making payment in full);
- If you default in completing any sale transaction (including failing to make payment of any part of the purchase price for any Products) you will have legal liability to the Supplier and we may suspend or ban your use of the Website.
Seller Terms and Conditions: ClickNCollect requests that Suppliers provide a website link to their written terms and conditions of sale (if any) which apply to the sale of their Products. The sale of any Products to you by a Supplier who provides such a link will be subject to those terms and conditions of sale.
- ClickNCollect operates a credit card payment mechanism to enable you to make payment for all purchases of Products. Your credit card details will be captured at the time you place an order for an advertised Product so that if your order is accepted by a Supplier, payment will be processed automatically at that time.
- You may also pay by cheque. Cheques must be tendered to ClickNCollect immediately on acceptance of your order by the Supplier. If you pay by cheque, the relevant sale transaction will not be treated as complete until your cheque has cleared.
- Payment for all sale transactions must be made by either credit card or cheque as above. No other payment method may be used.
- QUERIES ABOUT PRODUCTS, AND PRODUCT SUPPORT
Question Facility: ClickNCollect will facilitate the communication between you and Suppliers for Product enquiries. Suppliers will be able to respond directly and ClickNCollect will follow through on queries to ensure that they are answered.
Supplier responsibility: As the sellers of Products, Suppliers have sole responsibility relating to Product liability, including responsibility to deal with any Product claims, refunds or returns you may wish to make and any other issues involving Products sold to you over the Website. However, ClickNCollect will use its best endeavours to make sure that the Supplier follows through on its product liability responsibility.
Complaints: Complaints or claims concerning Products purchased over the Website or a Supplier’s conduct in relation to a sale transaction completed over the Website must be addressed to ClickNCollect and Supplier concerned.
- BUYER AND SALE INFORMATION/WEBSITE STATS
Privacy: ClickNCollect collects and retains personal information about you as a result of your using the Website and participating in sale transactions. The personal information is used for the following purposes:
- To operate and administer the Website and give effect to all transactions and matters arising from your use of the website;
- To provide to Suppliers, to enable those Suppliers to respond to queries from you about Products, to form and complete sale transactions with you, to collect any further information the Suppliers may require from you and to otherwise enable Suppliers to administer their relationship with you following any direct contact with you;
- To analyse the use of the Website and provide reports on Website usage to Suppliers and other parties;
- To improve the Website;
- To communicate with you for any purpose relating to your use of the Website and in connection with these terms and conditions;
- To communicate to you details of any other Products which ClickNCollect believes may be of interest to you.
- To enforce its rights under these terms and conditions.
Privacy Act: Personal information collected from or about you for the above purposes will be retained by ClickNCollect in its database at its business premises. You have the right to access any personal information and to correct or delete any personal information from the database. You can do this by sending an email request to [email protected].
Ownership of Information and Data: Subject to the preceding paragraph, all information and data collected by us in the course of operating the Website (including all information relating to users of the Website, transactions on the Website and Website statistics) will be owned by us to the extent such information is capable of being owned and is not owned by another party at the time of collection or generation by us.
Authorisation: You authorise us to provide personal information collected from you to Suppliers for the purposes referred to in this clause.
- INTELLECTUAL PROPERTY
All intellectual property rights in the Website (including copyright in all text, graphics, logos, software and icons) are owned by or licensed to us, and you agree that you may not copy, adapt, store, distribute or reproduce any part of the site without our prior written approval.
- LIABILITY ISSUES/RELATIONSHIP WITH CLICKNCOLLECT
Use of Website at your own risk: Sale transactions and all other contracts and activities between you and Suppliers are conducted entirely at your own risk, and you acknowledge and agree that ClickNCollect takes no responsibility or liability for acts or omissions of Suppliers. Without limitation, ClickNCollect gives no undertakings, representations or warranties in relation to Products listed or sold listed on the Website including as to:
- the accuracy or truth of Product listing information;
- the ownership of or title to any Products;
- the content, safety, description, quality and legality of Products;
- the fitness for purpose of any Products;
- the reputation of Suppliers or their ability to complete a sale transaction.
Links to Supplier sites: The inclusion in the Website of links to other websites (including Suppliers’ websites) does not imply any endorsement, approval or recommendation of, or responsibility for, the contents, products or operations of those sites or the operators of those sites. ClickNCollect takes no responsibility or liability for any loss or damage suffered by you as a result of access of such websites or use of information on such websites or otherwise. Without limitation, ClickNCollect takes no responsibility or liability in relation to Suppliers’ terms and conditions of sale which are accessible via hotlinks on the Website.
Site Accessibility and System Integrity:
- We will use all reasonable efforts to ensure the general availability of the Website and to prevent the corruption or loss of data of held by us and the transmission of viruses. However, we take no responsibility for and have no liability for any unavailability of the Website, corruption or loss of data or transmission of viruses or losses relating to these events. In particular, we take no responsibility or liability for any events which are outside our reasonable control including communications and hardware failures relating to the Website.
- The Website is controlled and operated from within New Zealand and we make no representation or warranty that the Website or its content are appropriate, available or lawful for use in other countries. If you access the Website from outside New Zealand, you are responsible for ensuring your own compliance with local laws.
Liability: Without limiting any other provision of these terms and conditions (but subject to the final paragraph of this clause 11) you agree that any and all liability and responsibility of ClickNCollect to you (whether such liability arises in contract, tort, equity or otherwise) as a result of or arising from your use of the Website or our services or for any other matter relating in any way to the Website or its content, is excluded to the maximum extent permitted by law. ClickNCollect’s liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect including, without limitation, loss or profits, loss of data, loss of business and consequential and indirect loss.
Indemnity: You hereby indemnify us from and against all losses, damage, costs and expenses suffered or incurred by us arising from your use of the Website including from any misleading, deceptive or inaccurate information provided by you to us.
Consumer Guarantees Act:
- If you are using the Website for business purposes, you agree, for the purposes of the Consumer Guarantees Act 1993 (Act), that you are doing so and that that Act will not apply to you.
- Subject to these terms and conditions the provisions of the Consumers Guarantee Act applies as between you and the Supplier of Products you have purchased. Please note that products purchased from overseas suppliers are not subject to NZ consumer protection legislation but may be subject to any consumer protection legislation in the suppliers country of residence. It is your responsibility to enforce any rights you may have under such legislation.
Entire Agreement: These terms and conditions contain all of the terms, representations and warranties made between us covering the subject matter of these terms and conditions.
Amendments: Except as otherwise expressly provided in these terms and conditions, no amendment of these terms and conditions will be effective unless it is in writing and signed by both of us.
Waiver: No waiver by of us of any breach of these terms and conditions will be considered as a waiver of any subsequent breach of the same or any other provision, and no waiver will be binding on us unless it is given in writing.
Assignment: We may assign the benefit of these terms and conditions to any party without obtaining your consent.
Governing Law: These terms and conditions will be construed and take effect pursuant to the laws of New Zealand, and we each submit to the exclusive jurisdiction of the New Zealand courts.
- DEFINITIONS USED IN THESE TERMS AND CONDITIONS
“Products” means any products and services listed and advertised for sale on the Website by Suppliers.
“Supplier” means a person who advertises any Products for sale on the Website.
“ClickNCollect” means the online sales and marketing platform operated by Acronym Limited.
“you”, “your” means any person who uses the Website to search for and/or purchase Products.
“Website” means ClickNCollect’s website at ClickNCollect.kiwi, and, where the context permits or requires, includes all services provided by ClickNCollect via the website or in connection with the website.