Terms & Conditions

TERMS & CONDITIONS OVERVIEW
Mallow Cube operates this website. Throughout the site, the terms “we”, “us”
and “our” refers to Mallow Cube. Mallow Cube offers this website, including all
information, tools, and trade available from this site to you, the user, conditioned
upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Trade”
and agree to be bound by the following terms and conditions, including those
additional terms and conditions and policies referenced herein and/or available by
hyperlink. These Terms and Conditions apply to all users of the site, including
without limitation users who are browsers, vendors, customers, merchants, and/ or
contributors of content.

Please read these Terms and Conditions carefully before accessing or using our
website. By accessing or using any part of the site, you agree to be bound by these
Terms and Conditions. If you do not agree to all the terms and conditions of this
agreement, then you may not access the website or use any services. If these Terms
and Conditions are considered an offer, acceptance is expressly limited to these
Terms and Conditions.

Any new features or tools which are added to the current store shall also be subject
to the Terms and Conditions. You can review the most current version of the Terms
and Conditions at any time on this page. We reserve the right to update, change or
replace any part of these Terms and Conditions by posting updates and/or changes
to our website. It is your responsibility to check this page periodically for changes.
Your continued use of or access to the website following the posting of any changes
constitutes acceptance of those changes.

Our store is hosted on Wix. They provide us with an online e-commerce
platform that allows us to sell our products and services to you.

ONLINE STORE TERMS
By agreeing to these Terms and Conditions, you represent that you are at least the
age of majority in your state or province of residence 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 nor may you,
in the use of the Service, violate any laws in your jurisdiction (including but not
limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the terms will result in an immediate termination of
trade.

GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be
transferred unencrypted and involve (a) transmissions over various networks; and (b)
changes to conform and adapt to the technical requirements of connecting networks
or devices. Credit card information is always encrypted during transfer over
networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the
trade, use of the trade, or access to the trade or any contact on the website through
which the trade is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not
limit or otherwise affect these terms.

ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate,
complete, or current. The material on this site is provided for general information only
and should not be relied upon or used as the sole basis for making decisions without
consulting primary, more accurate, more complete, or more timely sources of
information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information,
necessarily, is not current and is provided for your reference only. We reserve the
right to modify the contents of this site at any time, but we have no obligation to
update any information on our site. You agree that it is your responsibility to monitor
changes to our site.

MODIFICATIONS TO TRADE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at
any time to modify or discontinue trade (or any part or content thereof) without notice
at any time. We shall not be liable to you or to any third party for any modification,
price change, suspension, or discontinuance of trade.

PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website.
These products or services may have limited quantities and are subject to return or
exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and
images of our products that appear at the store. We cannot guarantee that your
computer monitor's display of any colour will be accurate.

We reserve the right but are not obligated to limit the sales of our products or
Services to any person, geographic region, or jurisdiction. We may exercise this right
on a case-by-case basis. We reserve the right to limit the quantities of any products
or services that we offer. All descriptions of products or product pricing are subject to
change at any time without notice, at the sole discretion of us. We reserve the right
to discontinue any product at any time. Any offer for any product or service made on
this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other
material purchased or obtained by you will meet your expectations, or that any errors
of trade will be corrected.

ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole
discretion, limit or cancel quantities purchased per person, per household, or per
order. These restrictions may include orders placed by or under the same customer
account, the same credit card, and/or orders that use the same billing and/or
shipping address. In the event that we make a change to or cancel an order, we may
attempt to notify you by contacting the e‑mail and/or billing address/phone number
provided at the time the order was made. We reserve the right to limit or prohibit
orders that, in our sole judgement, appear to be placed by dealers, resellers, or
distributors.

You agree to provide current, complete, and accurate purchase and account
information for all purchases made at our store. You agree to promptly update your
account and other information, including your email address and credit card
numbers, and expiration dates so that we can complete your transactions and
contact you as needed.

For more detail, please review our Returns Policy.

OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor
nor have any control or input.

You acknowledge and agree that we provide access to such tools ”as is” and “as
available” without any warranties, representations or conditions of any kind and
without any endorsement. We shall have no liability whatsoever arising from or
relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk
and discretion and you should ensure that you are familiar with and approve of the
terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website
(including, the release of new tools and resources). Such new features and/or
services shall also be subject to these Terms and Conditions

THIRD-PARTY LINKS
Certain content, products, and services available via our trade may include materials
from third parties.

Third-party links on this site may direct you to third-party websites that are not
affiliated with us. We are not responsible for examining or evaluating the content or
accuracy and we do not warrant and will not have any liability or responsibility for
any third-party materials or websites, or for any other materials, products, or services
of third parties.

We are not liable for any harm or damages related to the purchase or use of goods,
services, resources, content, or any other transactions made in connection with any
third-party websites. Please review carefully the third-party's policies and practices
and make sure you understand them before you engage in any transaction.
Complaints, claims, concerns, or questions regarding third-party products should be
directed to the third party.

USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If at our request, you send certain specific submissions (for example contest entries)
or without a request from us you send creative ideas, suggestions, proposals, plans,
or other materials, whether online, by email, by postal mail, or otherwise (collectively,
'comments'), you agree that we may, at any time, without restriction, edit, copy,
publish, distribute, translate and otherwise use in any medium any comments that
you forward to us. We are and shall be under no obligation (a) to maintain any
comments in confidence; (b) to pay compensation for any comments; or (c) to
respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine
in our sole discretion are unlawful, offensive, threatening, libellous, defamatory,
pornographic, obscene, or otherwise objectionable or violates any party’s intellectual
property or these Terms and Conditions.

You agree that your comments will not violate any right of any third party, including
copyright, trademark, privacy, personality, or another personal or proprietary right.
You further agree that your comments will not contain libellous or otherwise unlawful,
abusive, or obscene material, or contain any computer virus or other malware that
could in any way affect the operation of the Service or any related website. You may
not use a false e‑mail address, pretend to be someone other than yourself, or
otherwise mislead us or third parties as to the origin of any comments. You are solely
responsible for any comments you make and their accuracy. We take no
responsibility and assume no liability for any comments posted by you or any third
party.

PERSONAL INFORMATION
Your submission of personal information through the store is governed by our
Privacy Policy. To view our Privacy Policy.

ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the trade that contains
typographical errors, inaccuracies, or omissions that may relate to product
descriptions, pricing, promotions, offers, product shipping charges, transit times, and
availability. We reserve the right to correct any errors, inaccuracies, or omissions,
and to change or update information or cancel orders if any information in the
Service or on any related website is inaccurate at any time without prior notice
(including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the trade or on
any related website, including, without limitation, pricing information, except as
required by law. No specified update or refresh date was applied to the Service or to any
related website should be taken to indicate that all information in the Service or on
any related website has been modified or updated.

PROHIBITED USES
In addition to other prohibitions, as set forth in the Terms and Conditions, you are
prohibited from using the site or its content: (1) for any unlawful purpose; (2) to solicit
others to perform or participate in any unlawful acts; (3) to violate any international,
federal, provincial or state regulations, rules, laws, or local ordinances; (4) to infringe
upon or violate our intellectual property rights or the intellectual property rights of
others; (5) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or
discriminate based on gender, sexual orientation, religion, ethnicity, race, age,
national origin, or disability; (6) to submit false or misleading information; (7) to
upload or transmit viruses or any other type of malicious code that will or may be
used in any way that will affect the functionality or operation of the Service or of any
related website, other websites, or the Internet; (8) to collect or track the personal
information of others; (9) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(10) for any obscene or immoral purpose; or (11) to interfere with or circumvent the
security features of the Service or any related website, other websites, or the
Internet. We reserve the right to terminate your use of the Service or any related
website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be
uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service
will be accurate or reliable.

You agree that from time to time we may remove trade for indefinite periods of time
or cancel the trade at any time, without notice to you.

You expressly agree that your use of, or inability to use, the trade is at your sole risk.
The trade and all products and services delivered to you through the trade are
(except as expressly stated by us) provided 'as is' and 'as available for your use,
without any representation, warranties, or conditions of any kind, either express or
implied, including all implied warranties or conditions of merchantability,
merchantable quality, fitness for a particular purpose, durability, title, and
non-infringement.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless Mallow Cube and our parent,
subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors,
service providers, subcontractors, suppliers, interns, and employees, harmless from
any claim or demand, including reasonable attorneys’ fees, made by any third party
due to or arising out of your breach of these Terms and Conditions or the documents
they incorporate by reference or your violation of any law or the rights of a
third-party.

SEVERABILITY
In the event that any provision of these Terms and Conditions is determined to be
unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to
the fullest extent permitted by applicable law, and the unenforceable portion shall be
deemed to be severed from these Terms and Conditions, such determination shall
not affect the validity and enforceability of any other remaining provisions.

TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall
survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you
or us. You may terminate these Terms and Conditions at any time by notifying us that
you no longer wish to use our trade, or when you cease using our site.
If in our sole judgement you fail, or we suspect that you have failed, to comply with
any term or provision of these Terms and Conditions, we also may terminate this
agreement at any time without notice and you will remain liable for all amounts due
up to and including the date of termination; and/or accordingly may deny you access
to our Services (or any part thereof).

ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms and
Conditions shall not constitute a waiver of such right or provision.
Terms and Conditions of Trade and any policies or operating rules posted by us on
this site or in respect to The Trade constitutes the entire agreement and
understanding between you and us and govern your use of the Trade, superseding
any prior or contemporaneous agreements, communications, and proposals,
whether oral or written, between you and us (including, but not limited to, any prior
versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be
construed against the drafting party.

GOVERNING LAW
Terms and Conditions of Trade and any separate agreements whereby we provide
you trades shall be governed by and construed in accordance with the laws of New
Zealand.

CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Trade at any time on this
page. We reserve the right, at our sole discretion, to update, change or replace any
part of these Terms and Conditions by posting updates and changes to our website.
It is your responsibility to check our website periodically for changes. Your continued
use of or access to our website or the Service following the posting of any changes
to these Terms and Conditions constitutes acceptance of those changes.

COMPETITIONS
By entering a competition with Mallow Cube you are agreeing to the Mallow Cube
privacy policy.
The digital marketing you can unsubscribe at any time by emailing us
hello@mallowcube.co.nz
Any competitions run on the Mallow Cube Facebook or Instagram page are in no
way sponsored, endorsed or administered by, or associated with Facebook or
Instagram. By participating you hereby release and hold harmless Facebook or
Instagram from any and all liability associated with this promotion. Entrants are
providing information to Mallow Cube and not to Facebook and Instagram.

Please read these competition rules carefully. If you enter one of our competitions,
we will assume that you have read these rules and that you agree to them.

• To enter a competition you must be: NZ resident; and 

have a specified New Zealand address for delivery

• No responsibility can be accepted for entries that are not received for any

reason.

• The winner will be selected at random. The closing date is as specified in

each competition, and Mallow Cube reserves the right to amend the
competition end date at any time.

• If you win a competition, we will notify you via email or Facebook Messenger.

If we cannot contact you or you do not respond within one week, we reserve
the right to offer the prize to another competition entrant.

• The prize cannot be transferable to another person.

• No prize or part of a prize is exchangeable for cash, refunds or services.

• If an advertised prize is not available, we reserve the right to

offer an alternative prize.

• Please read our Privacy Policy which tells you how we use any personal

information we may collect about you by entering a competition.

• Mallow Cube reserves the right to amend these rules at any time. We may

also create rules which will apply to a specific competition only. If we do this
we will publish the amended competition rules and/or specific competition
rules on the relevant competition page.

CONTACT INFORMATION
Questions about the Terms and Conditions should be sent to us at
hello@mallowcube.co.nz

USE OF COOKIES BY MALLOW CUBE
Google Analytics - these cookies are used to collect information about how visitors
use our site. We use the information to compile reports and to help us improve the
site. The cookies collect information in an anonymous form, including the number of
visitors to the site, where the visitors have come to the site from and the pages they
visited.

CONTACT US
For more information about our privacy practices, if you have questions, or if you
would like to make a complaint, please contact us by e-mail at
hello@mallowcube.co.nz