Welcome to Wits End.
Wits End and its affiliates provide their services to you subject to the
following conditions. If you visit or shop at Wits End, you accept these
conditions. Please read them carefully. In addition, when you use any current
or future Wits End service or visit or purchase from any business affiliated
with Wits End, whether or not included in the Wits End Web site, you also
will be subject to the guidelines and conditions applicable to such service
or business.
Privacy
Please review our Privacy Notice, which also governs your visit to Wits End,
to understand our practices.
WARNING!
This web site contains products that are not suitable for children. Although
there is no obscene material on this site, it does sell products that are only
available for purchase to people aged 18 years or over. It is recommended that
there be adult supervision to anyone viewing who is under the age of 18 due
to the mature subject matter.
We at Wits End (also referred to as "the proprietors" or "we"
from here in) are dedicated to providing accurate and as broadly inclusive information
as possible to our viewers.
We are not responsible for the actions of unsupervised children on the Internet
or the Wits End site. We are not acting in any way to send you this information;
you are choosing to view it. Continuing further means that you understand and
accept responsibility for your own actions, thus releasing the proprietors and
our service provider from all liability. The web site herein offers information
and suggestions, neither of which must be followed or attempted. Whatever you
do is your decision and in no way are we responsible for your actions or any
ideas you may have gained, directly or indirectly, from viewing this web site.
Default Currency
Unless otherwise stated, the default currency is New Zealand Dollars.
Delivery
All deliveries within New Zealand are by standard post. Please ensure that
when placing your order you advise us of any special delivery instructions,
especially if you are likely to be away from home when the courier calls.
Any shortages or breakages must be reported to Wits End within 24 hours, preferably
by email and quoting your purchase details.
All items purchased from Wits End are made pursuant to a shipment contract.
This means that the risk of loss and title for such items pass to you upon our
delivery to the carrier.
Disclaimer of Endorsement
Any reference made on the site to any specific commercial product, process,
or service by trade name, trademark, manufacturer, or otherwise does not indicate
or imply that Wits End endorses, recommends, or favors the item mentioned.
The views and opinions expressed herein do not necessarily state or reflect
those of Wits End, and shall not be used for advertising or product endorsement
purposes.
Availability of Product
Since the Site may be accessed from international locations where Wits End
does not do business, Wits End does not represent that it is doing business
in all such areas, or that its services will be available in any particular
country or jurisdiction. Such products will only be made available in compliance
with applicable laws, and only when Wits End decides to offer them.
Proprietary Rights
Any information provided by readers to the proprietors, including without limitation
data, questions, comments, suggestions, etc., shall be expressly deemed to be
non-confidential. Only the clients of the proprietors may have a reasonable
expectation of the confidential treatment of such information, and such expectation
arises solely from an express contract with the proprietors. By submitting any
such information to the proprietors, readers expressly acknowledge that the
proprietors shall have no obligation of any kind with respect to such information
and shall be free to reproduce, use, disclose, and distribute the information
to others without limitation. The proprietors shall be free to use any ideas,
concepts, know-how or techniques contained in such information for any purpose
whatsoever, including but not limited to developing, manufacturing, and marketing
products incorporating such information.
The text and images of people or places displayed on the site are the property
of either Wits End or a third party. The use of these images and/or text
by you, or anyone authorized by you, is prohibited unless you obtain the express,
written permission of Wits End. Any unauthorized use of these images and/or
text may violate copyright laws, trademark and service mark laws, the laws of
privacy and publicity, and communications regulations and statutes. The trademarks,
logos, and service marks (collectively the Trademarks") displayed on the
site, and the graphics for Wits End, are registered and unregistered Trademarks
of Wits End and others. No Trademark displayed on the site may be used without
the written permission of the party that owns that Trademark. Wits End will
aggressively enforce its intellectual property rights to the fullest extent
of the law, including the seeking of criminal prosecution where authorized.
Other Sites
Wits End has not reviewed all of the sites linked to its site, and is not
responsible for the contents of any off-site pages or any other sites linked
to the site. Wits End expressly disclaims all liability for images, content,
and opinion expressed on other sites that may be accessed through links on the
Wits End site. Likewise, Wits End disclaims all liability for images,
content, and opinion expressed on outside sites that choose to link to its page.
Electronic Communications
When you visit Wits End or send e-mails to us, you are communicating with
us electronically. You consent to receive communications from us electronically.
We will communicate with you by e-mail or by posting notices on this site. You
agree that all agreements, notices, disclosures and other communications that
we provide to you electronically satisfy any legal requirement that such communications
be in writing.
Copyright
All content included on this site, such as text, graphics, logos, button icons,
images, audio clips, digital downloads, data compilations, and software, is
the property of Wits End or its content suppliers and protected by New Zealand
and international copyright laws. The compilation of all content on this site
is the exclusive property of Wits End and protected by international copyright
laws. All software used on this site is the property of Wits End or its software
suppliers and protected by New Zealand and international copyright laws.
Copyright Complaints
Wits End and its affiliates respect the intellectual property of others.
If you believe that your work has been copied in a way that constitutes copyright
infringement, email us with your complaint.
License and Site Access
Wits End grants you a limited license to access and make personal use of
this site and not to download (other than page caching) or modify it, or any
portion of it, except with express written consent of Wits End. This license
does not include any resale or commercial use of this site or its contents;
any collection and use of any product listings, descriptions, or prices; any
derivative use of this site or its contents; any downloading or copying of account
information for the benefit of another merchant; or any use of data mining,
robots, or similar data gathering and extraction tools. This site or any portion
of this site may not be reproduced, duplicated, copied, sold, resold, visited,
or otherwise exploited for any commercial purpose without express written consent
of Wits End. You may not frame or utilize framing techniques to enclose any
trademark, logo, or other proprietary information (including images, text, page
layout, or form) of Wits End and our affiliates without express written consent.
You may not use any meta tags or any other "hidden text" utilizing
Wits Ends name or trademarks without the express written consent of Wits End.
Any unauthorized use terminates the permission or license granted by Wits End.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink
to the home page of Wits End so long as the link does not portray Wits End,
its affiliates, or their products or services in a false, misleading, derogatory,
or otherwise offensive matter. You may not use any Wits End logo or other
proprietary graphic or trademark as part of the link without express written
permission.
Your Account
If you use this site, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer, and
you agree to accept responsibility for all activities that occur under your
account or password. Wits End does sell products for children, but it sells
them to adults, who can purchase with a credit card. If you are under 18, you
cannot purchase alcohol from Wits End. Wits End and its affiliates reserve
the right to refuse service, terminate accounts, remove or edit content, or
cancel orders in their sole discretion.
Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, and other content; and submit suggestions,
ideas, comments, questions, or other information, so long as the content is
not illegal, obscene, threatening, defamatory, invasive of privacy, infringing
of intellectual property rights, or otherwise injurious to third parties or
objectionable and does not consist of or contain software viruses, political
campaigning, commercial solicitation. You may not use a false e-mail address,
impersonate any person or entity, or otherwise mislead as to the origin of content.
Wits End reserves the right (but not the obligation) to remove or edit such
content, but does not regularly review posted content. If you do post content
or submit material, and unless we indicate otherwise, you grant Wits End
and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and
fully sublicensable right to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, and display such content throughout
the world in any media. You grant Wits End and its affiliates and sublicensees
the right to use the name that you submit in connection with such content, if
they choose. You represent and warrant that you own or otherwise control all
of the rights to the content that you post; that the content is accurate; that
use of the content you supply does not violate this policy and will not cause
injury to any person or entity; and that you will indemnify Wits End or its
affiliates for all claims resulting from content you supply. Wits End has
the right but not the obligation to monitor and edit or remove any activity
or content. Wits End takes no responsibility and assumes no liability for
any content posted by you or any third party.
Product Descriptions
Wits End and its affiliates attempt to be as accurate as possible. However,
Wits End does not warrant that product descriptions or other content of this
site is accurate, complete, reliable, current, or error-free. If a product offered
by Wits End itself is not as described, your sole remedy is to return it
in unused condition.
Other Businesses
Parties other than Wits End and its subsidiaries operate stores, provide
services, or sell product lines on this site. In addition, we provide links
to the sites of affiliated companies and certain other businesses. We are not
responsible for examining or evaluating, and we do not warrant the offerings
of, any of these businesses or individuals or the content of their Web sites.
Wits End does not assume any responsibility or liability for the actions,
product, and content of all these and any other third parties. You should carefully
review their privacy statements and other conditions of use.
Disclaimer of Warranties and Limitation of Liability
This site is provided by Wits End on an "as is" and "as available"
basis. Wits End makes no representations or warranties of any kind, express
or implied, as to the operation of this site or the information, content, materials,
or products included on this site. you expressly agree that your use of this
site is at your sole risk.
To the full extent permissible by applicable law, Wits End disclaims all
warranties, express or implied, including, but not limited to, implied warranties
of merchantability and fitness for a particular purpose. Wits End does not
warrant that this site, its servers, or e-mail sent from Wits End are free
of viruses or other harmful components. Wits End will not be liable for any
damages of any kind arising from the use of this site, including, but not limited
to direct, indirect, incidental, punitive, and consequential damages.
Certain state laws do not allow limitations on implied warranties or the exclusion
or limitation of certain damages. if these laws apply to you, some or all of
the above disclaimers, exclusions, or limitations may not apply to you, and
you might have additional rights.
Applicable Law
By visiting Wits End, you agree that the laws of the state or country you
reside, without regard to principles of conflict of laws, will govern these
Conditions of Use and any dispute of any sort that might arise between you and
Wits End or its affiliates.
Site Policies, Modification, and Severability
Please review our other policies, posted on this site. These policies also
govern your visit to Wits End. We reserve the right to make changes to our
site, policies, and these Conditions of Use at any time. If any of these conditions
shall be deemed invalid, void, or for any reason unenforceable, that condition
shall be deemed severable and shall not affect the validity and enforceability
of any remaining condition.
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