terms & conditions
Dreamland Design Limited - Terms & Conditions of Service
Thank you for visiting the Dreamland Design Limited website. The purpose of these terms & conditions of service is to provide you information about your rights and obligations. Please ensure that you take time to read and understand these terms. By using this website, you are deemed to have read and agree to be bound by these Terms & Conditions of Service.
TERMS & CONDITIONS OF SERVICE
This Agreement is between you and Dreamland DesignLtd (referred to in this Agreement as "we", "us" or "our"). We may change these terms at any time, and changes will be posted on the Website. By continuing to use the Website, you agree to be bound by the changes.
These Terms & Conditions of service apply to all Products and Services that the client purchases from Dreamland Design Limited now and in the future and to your use of this website. The Terms & Conditions of Service also applies to any free or complimentary products or services that Dreamland Design Limited may offer to a Client.
DEFINITION OF WORDS
In these Terms of Service and accompanying Policies, unless the context otherwise requires the following words mean:
Client - the person, firm, group, organisation or company acquiring Services or Products under these General Terms of Service and any relevant Policies
Charges - the amount payable by the Client for the relevant Products and Services. All Charges are quoted exclusive of GST unless expressly stated otherwise
Terms & Conditions of Service – the terms and conditions set out in this document and provide the nature and boundary of the relationship between the Client and the Company
The Company – Dreamland Design Limited, a company incorporated in New Zealand
Intellectual Property Rights – any patent, trademark, service mark, copyright, moral rights, right in a design, right in the content created by Dreamland Design Limited, know-how, confidential information and all or any other intellectual or industrial property rights whether or not registered
Agreement - the Company's agreement with the Client includes the Terms of Service, any relevant Policies and the Client's invoice order
Consumer - a user of the Dreamland Design Limited Products and Services
Content - any information, claims, statements, photographs, images, video, text, video, data, trade marks, brands or logos
Invoice–statement confirming charges and payment due date required for the product or service as outlined on the statement and provided by the Company to the Client who is purchasing these. Forms part of the Clients agreement with the Company.
Working day - means any day of the week other than a Saturday or Sunday or public holiday
Website – the Dreamland Design Limited website https://dreamland.co.nz
Service - any service the Company provides to the Client or Users of the Website
Product – any product the Company provides to the Client or Users of the Website
We, us and our refers to the Company
You and your refers to you
User - any user of the website
INTELLECTUAL PROPERTY AND OWNERSHIP
The Company owns and is licensed to use, all rights including copyright in the products and services on the website, text, graphics, images, production specifications, domain names, logos, brand names, badges, software, business contact information and data collected in relation to the products and services on the website and all content that is published, posted or uploaded on the website. The Client grants worldwide, perpetual, royalty free license to the Company to publish, reproduce and adapt the material without limitation. The Company does not endorse the Client’s goods or services.
The Client may not use any of the Company content without prior approval except through the content that the Company allows to be shared through social media platforms such as Instagram and Facebook and and linked back to the Company website.
The Client acknowledges that the Company is the proprietor and is the authorised licensee of the copyright, trade marks and all other intellectual property rights in any Content displayed or available through the Website. No content may be reproduced, published or transmitted without the Companys prior written consent.
The Client agrees that all Intellectual Property Rights in any content produced by the Company for the Client, except for material originally supplied by the Client, will remain the exclusive property of the Company.
PAYMENT AND TERMINATION OF SERVICES
The Client will receive the Company's correspondence, and invoices via email to the Clients nominated email address. The Client is responsible for payment of all invoices that have been issued by the Company for services or products as stated on the invoice. The minimum service fee for any of our services is $40.00 plus GST.
If the Clients invoice is not paid on the due date the Company has the right to suspend or terminate the invoiced services to the Client.
The Company may review the cost of Services and will notify the Client of any changes to these on the Website.
If the Client no longer wishes to receive services from the Company, the Client will not be entitled to a refund of any Service Charges that have been paid in advance for Services.
The Website uses Woocommerce payments as its provider for its online credit card transactions and payments are processed in real-time and Woocommerce Payments is responsible for providing a secure gateway for these payments. The Website has the sole discretion to change its providers for online credit card transaction services and it will be the responsibility of the online credit card provides to provide a secure gateway for these payments.
COLLECTION OF CLIENT INFORMATION
The Client agrees that the Company can collect and store information about the Clients business.
The Client agrees that the Company can add the Clients details to the Company’s email newsletter database and other social marketing contact lists. The Client agrees that the Company can communicate with them via these communication channels unless they opt out.
The Company may request information from the Client and if the Client decides not provide this information the Company may be unable to provide service to the Client.
The Client agrees that the Company may hold information about the Clients business or organisation and share the information with employees, partners, relevant authorities and/or the applicable intellectual property rights holders (or their representatives) and other businesses.
The Client may request that any incorrect information about their business that is stored by the Company is corrected.
The Company may disclose any information at its absolute discretion in order to satisfy any applicable law, regulation, legal process or government request.
WARRANTIES, INDEMNITIES AND LIABILITY
The Client agrees that they have not relied on any representations made by or on behalf of the Company other than those contained in these Terms & Conditions of Service and relevant Policies.
The Client agrees that any content that is supplied by the client to Dreamland Design Limited for use on the clients Website does not infringe on the Intellectual Property Rights, be unlawful or defamatory of any other third party.
The Client agrees to indemnify the Company's directors and staff against all claims, costs, damages, suits, demands and liabilities of any nature that are caused directly or indirectly by the Clients act of omission or any breach of any provision of the Terms of Service or any relevant Policies.
The Company, directors and staff are not liable in contract, tort or otherwise for any direct or indirect financial or other loss suffered by the Client that results from the Services, Terms & Consitions of Service or Policies.
The Company requires the services of third party providers and the Client agrees and acknowledges that the Company is not under obligation to deliver Services where a third party is unable to deliver a service to the Company.
The Company does not guarantee Services will be presented in all the methods which content may be accessed. The Company will not be responsible for the incorrect appearance of any content with the Services.
Without restricting any other provision of these terms limiting any person’s liability, to the maximum extent permitted by law, the Company's total aggregate liability for any claim or claims in any one month period, whether in contract or otherwise that arises in any way from the Services, these Terms of Service or any Policies, shall be limited to no more than an amount equal to the GST exclusive amount actually paid by the Client to the Company in respect of the relevant Services in the one month period prior to the event or events giving rise to the claim or claims.
The Company may suspend its obligations under the Terms of Service and Policies if the Company is unable to perform its obligations as a direct result of an act of God, fire, wind, flood, riot, war, industrial action or defaults by third parties or other circumstances of a similar nature beyond its reasonable control.
The New Zealand Consumer Guarantees Act 1993 may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified. These Terms of Service and Policies must in all cases be read subject to those statutory provisions. However, if you are a business using this Website, then you agree that the provisions of the Consumer Guarantees Act 1993 shall not apply to your use of the Website or your reliance on the Website.
The Client agrees to submit to the exclusive jurisdiction of the New Zealand courts.
The Client must take all precautions to ensure that the process which the Client employs for accessing this Website does not expose the Client to the risk of viruses, malicious computer code or other forms of interference which may damage the Clients own computer system. The Company does not accept responsibility for any interference or damage to the Clients computer system which may arise in connection with your use of this Website or any linked website.
The Client agrees that they expressly understand that the Company makes no warranties that the Website will meet the Clients requirements or that the website will operate uninterrupted, secure or error-free.
We reserve the right to change, alter, vary or amend the Website at any time.
We may in our sole discretion terminate your account or restrict your access to the Website. If we do this, you may be prevented from accessing all or parts of the Website, your account details, or other Content contained in your account. In the event that this occurs, you will still be entitled to access those vouchers that you had previously purchased through the Website.
Access and use of the Website
You must only use the Website through the interfaces provided by us, and must only use the Website in accordance with these terms and any applicable law.
You must not:
1. interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host the website; or
2. use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools;
3. interfere (or attempt to interfere) with security-related or other features of our site; or
4. use, copy or distribute (or attempt to use, copy or distribute) without our express permission.
You must not use another member's account without our, and/or that member’s, express permission. If you suspect or become aware of any unauthorised use of your account, or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).
We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the Content of any other website linked to or from our own.
Access and use of our Social Media pages
We will not be held responsible for third party posts on our Social Media pages. You will be responsible for Content you post on our Social Media pages, and you must not post Content that:
2. is defamatory or in contempt of legal proceedings;
3. is misleading or deceptive;
4. is offensive, including discriminatory against race, sex, sexual orientation, nationality, ethnicity or religion;
5. contains religious or political material;
6. is indecent, obscene or pornographic;
7. infringes any third party intellectual property rights;
8. contains any promotional or advertising material; or
9. contains or links to computer viruses, malware, spyware or similar software.
Social Media and Content
You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials ("Content") posted on, transmitted through or linked from the Website, our Facebook page, UInstagram, or forum or other like application or site that allows for the publication of user generated material (“Social Media”), is the sole responsibility of the person from whom such Content originated.
You understand that we do not control and are not responsible for Content made available through the Website or Social Media unless it originates from us. Consequently, by using the Website or our Social Media pages you may be exposed to Content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the Website at your own risk and, to the extent permissible by law, we do not accept liability in this regard.
As a member or participant on our Social Media pages, you agree that you are responsible for any Content submitted, posted or made available through the Website via your account and you must not post (or allow) Content to be posted through your account that:
1. you do not have the right to post;
2. is defamatory or in contempt of any legal or other proceedings;
3. is misleading or deceptive;
4. incites hatred or discrimination against any group of persons, being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;
5. denounces religious or political beliefs;
6. includes religious or political material which is or is likely to be offensive;
7. is indecent, obscene, vulgar, pornographic, offensive or of doubtful propriety or of a menacing character or is likely to annoy or concern;
8. infringes any copyright, trade mark, patent or other intellectual property right of another person;
9. contains viruses or similar software or data which is designed to interrupt, destroy or limit the functionality of any computer software or hardware; or
10. impersonates any person or misrepresents your relationship with any person.
We reserve the right, in our absolute discretion, to pre-screen, refuse or remove any Content from the Website or our Social Media pages without giving any reasons.
You understand and agree that we may retain server and backup copies of your submitted Content even if you have altered, removed or deleted your Content from public display.
In the first instance the Client agrees to direct any complaints to the Company's Manager who will investigate the Client’s concerns fairly and within a reasonable time.
If the Client’s complaint is unable to be resolved, it will be referred to the Director for an independent review in accordance with internal policy and resolution methods. The Director will acknowledge receipt of the Client’s complaint within 30 calendar days, and will respond. to and attempt to resolve the complaint within a reasonable time, having regard to the complexity of the complaint.
If the Client has undertaken the Dispute Resolution steps one and two and the complaint remains unresolved the Client may take steps relating to the matter in an appropriate New Zealand court or tribunal.
The Company reserves the right to amend these Terms & Conditions of Service from time to time upon placing any such amendments on this Website.
Dreamland Design Limited would like to ensure that if you have any suggestions, questions or concerns in relation to the Website or the Terms & Conditions of Service or Privacy Policies you understand you can contact us on firstname.lastname@example.org.
Last updated on 21 April 2022