These terms and conditions apply to the use of this website and to the trade of products from Mobile Habitats. By viewing and using this website you shall be deemed to accept these terms and conditions without any qualification whatsoever. If you do not accept these terms and conditions, you must cease using this website immediately.
We reserve the right to amend or withdraw, temporarily or permanently, this website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any amendment to or withdrawal of this website.
It is your responsibility to check the terms and conditions regularly for revisions and updates. You are bound by any such revisions and should therefore from time to time visit this page to review the current terms and conditions. If you still continue to use this website after we post changes to the terms and conditions, this will indicate your acceptance of any such changes. If you do not agree to the changes made to the terms and conditions then you must stop using this website.
Indemnity
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, injury, damages, losses, costs charges, outgoing, payment or expense, including reasonable legal fees (including solicitor/client costs), arising out of any breach of the conditions by you or any other liabilities arising out of your use of this website, or the use by any other person accessing the web site using your shopping account and/or your personal information.
Warranties and Limitation of Liability
We will pass on to you the benefit of any manufacture warranty, however, all terms, conditions and warranties (whether express or implied) whether by us or our agents or employees, statute or otherwise (other than those mandatory warranties in the Fair Trading Act 1986 and Sale of Goods Act 1908 or other similar legislation) are expressly excluded.
We and any of our directors, officers or staff shall not be liable to you (whether in contract, tort or otherwise) for any loss (whether direct, indirect, consequential or economic), injury, claim, action, liability, cost, charge, expense, outgoing, payment or damage of any kind whatsoever arising out of the supply of or failure to supply products.
If, we or any director, officer or staff are found to be liable to you in any circumstance then the maximum combined amount such person shall be liable for to you is an amount equal to the lesser of:
- The purchase price paid for the product; or
- The cost of replacement or repair of any product; or
- The actual loss or damage suffered.
Waiver
Any delay, failure or forbearance by a party to exercise (in whole or in part) any right, power or remedy under, or in connection with, these terms and conditions shall not operate as a waiver of such right, power or remedy. The waiver of any breach of any provision of these terms and conditions shall not be effective unless that waiver is in writing and is signed by the party against whom that wavier is claimed. A waiver of any breach shall not be, or be deemed to be, a waiver of any other or subsequent breach.
Severability
If any condition or any part of a condition is at any time found to be invalid or otherwise rendered unenforceable, such condition or part of a condition will be enforced to the maximum extent permissible but shall be severable from these terms and conditions so that the validity and enforceability of the remaining terms and conditions are not affected.
Governing Law
The terms and conditions together with all our policies and procedures will be governed by and construed in accordance with the laws of New Zealand and you irrevocably submit to the exclusive jurisdiction of the laws and the courts of New Zealand.
