Terms & Conditions

AGREEMENT BETWEEN USER AND GETTHE.INFO

The GetThe.info web site is comprised of various Web pages operated by GetThe.info.

The GetThe.info web site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the GetThe.info web site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

GetThe.info reserves the right to change the terms, conditions, and notices under which the GetThe.info Web Site is offered, including but not limited to the charges associated with the use of the GetThe.info web site.

LINKS TO THIRD PARTY SITES

The GetThe.info web site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of GetThe.info and GetThe.info is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. GetThe.info is not responsible for web-casting or any other form of transmission received from any Linked Site. GetThe.info is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by GetThe.info of the site or any association with its operators.

SPONSORED & AFFILIATE DISCLOSURE

We are sometimes compensated to provide opinions on products, services, websites and various other topics.  Any compensated post on GetThe.info is identified as a sponsored post at the beginning of the post. The views and opinions expressed on our site are purely our own. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider or party in question.

AFFILIATE LINKS

Some of our posts at GetThe.info contain affiliate links. If you click on an affiliate link and later make a purchase, we may receive a small commission.  Clicking on an affiliate link which earns a commission does NOT result in additional charges to you or cost you anything extra. Any mentions of associated products, services, or businesses within the content of the site, may or may not be noted as an affiliate in every reference. Proceeds earned through affiliate links, help us with the costs of keeping this site up and running. Thank you for shopping through our links as a show of your support for the brands that we love and the products we share.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the GetThe.info web site, you warrant to GetThe.info that you will not use the GetThe.info web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the GetThe.info web site in any manner which could damage, disable, overburden, or impair the GetThe.info web site or interfere with any other party's use and enjoyment of the GetThe.info web site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the GetThe.info web sites.

USE OF COMMUNICATION SERVICES

The GetThe.info web site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.

GetThe.info has no obligation to monitor the Communication Services. However, GetThe.info reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. GetThe.info reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

GetThe.info reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in GetThe.info's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. GetThe.info does not control or endorse the content, messages or information found in any Communication Service and, therefore, GetThe.info specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised GetThe.info spokespersons, and their views do not necessarily reflect those of GetThe.info.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO GETTHE.INFO OR POSTED AT THE GETTHE.INFO WEB SITE

GetThe.info does not claim ownership of the materials you provide to GetThe.info (including feedback and suggestions) or post, upload, input or submit to any GetThe.info web site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting GetThe.info, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. GetThe.info is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in GetThe.info's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE GETTHE.INFO WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GETTHE.INFO AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE GETTHE.INFO WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE GETTHE.INFO WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

GETTHE.INFO AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE GETTHE.INFO WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. GETTHE.INFO AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GETTHE.INFO AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS GETTHE.INFO WEB SITE, WITH THE DELAY OR INABILITY TO USE THE GETTHE.INFO WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE GETTHE.INFO WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF GETTHE.INFO WEB SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GETTHE.INFO OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS GETTHE.INFO WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS GETTHE.INFO WEB SITE.

TERMINATION/ACCESS RESTRICTION

GetThe.info reserves the right, in its sole discretion, to terminate your access to the GetThe.info web site and the related services or any portion thereof at any time, without notice. 

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the New Zealand. and you hereby consent to the exclusive jurisdiction and venue of courts in New Zealand. in all disputes arising out of or relating to the use of the GetThe.info web site. Use of the GetThe.info web site is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and GetThe.info as a result of this agreement or use of the GetThe.info web site. GetThe.info's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of GetThe.info's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the GetThe.info web site or information provided to or gathered by GetThe.info with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and GetThe.info with respect to the GetThe.info web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and GetThe.info with respect to the GetThe.info web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the GetThe.info web site are: Copyright ©2020 GetThe.info and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organisations, products, people and events depicted herein are fictitious. No association with any real company, organisation, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Notifications of claimed copyright infringement under New Zealand copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

Terms of Sale and Service

These Terms and Conditions govern the supply of goods by GetThe.info pursuant to website orders and orders placed by telephone, post or email. Defined terms are capitalised and definitions appear at the end of this document.

1. Contract Process

a. Where You submit Your Order to Us on our Websites or by emailing Your Order direct to Us: i. You will receive an electronic confirmation of receipt of your Order and of the details of Your Order as soon as is reasonably practicable. You will be notified separately if the Goods are unavailable or if Your Order cannot be fulfilled for any other reason. ii. If at any time you wish to alter the details of your Order, please contact us. You will not be able to alter the details of the Order once the Order has been placed in our order processing system (This does not affect the rights of Consumers set out in clause 9 below). iii. No binding contract is formed until We have placed the Order in our order processing system.

b. Where You submit Your Order to Us by telephone or by post: i. You will be notified if the Goods are unavailable or if your Order cannot be fulfilled for any other reason. ii. No binding contract is formed until We have placed the Order in our order processing system.

c. We will retain a copy of the Contract for one year in the case of all orders other than Standing Orders, the Contracts for which will be kept for 7 years. We strongly advise You to keep a copy for Your own records.

2. Obligation to Supply

a. We are only liable to supply You with those Goods which: i. You describe accurately in your Order; and ii. are in stock at the time of receipt of Your Order.

b. Where You do not accurately describe the Goods, We will use Our reasonable endeavours to supply the correct Goods but You shall not rely on Our skill and judgement in selecting the Goods. We will accept the return of the Goods to Us and issue You a credit invoice if the Goods delivered do not match the description given in Your Order.

3. Delivery

a. We will despatch the Goods to your specified address on Your Order during normal business hours within 14 days (or six weeks in the case of Goods supplied by an Agency Publisher, Dropshipper, or an Affiliate) of the date of receipt of your Order, or the publication date of the Goods (whichever is the later)

b. Where the delivery address is an international address (in a nation other than where the goods ordered are warehoused) we will despatch the Goods within 14 days (or six weeks in the case of Goods supplied by an Agency Publisher, Dropshipper, or an Affiliate) of receiving Your Order.

c. In either case, We will, unless otherwise agreed, despatch the Goods by standard post and charge You our standard handling charge as displayed on Your Order and Goods and Services Tax if the item is subject to G.S.T e.g. books, for each delivery unless You have ordered on our website(s) where standard delivery is free of charge. If You request delivery by any other method We will advise You of our handling charge.

d. Where We cannot deliver, whether due to a Force Majeure Event or otherwise, in accordance with the time-scales envisaged at 3(a) and 3(b) above, We will advise You and give You the option to cancel Your Order or to accept a revised delivery date. We may make a partial delivery of your Order where not all items are available.

e. We will arrange the return of the Goods and issue You a credit invoice where We are responsible, and You have been charged, for a duplicated delivery.

f. We may refuse to accept the return of any duplicate Order or to issue You a credit invoice where, in our reasonable opinion, the Goods were delivered in accordance with a valid Order. In those circumstances, unless we agree otherwise, You will remain liable to pay Us the Price together with the delivery fee and any other applicable taxes or duties in accordance with clause 7.

g. Where We do accept the return of duplicated Goods delivered in accordance with a valid Order, We reserve the right to apply an administration charge of 5% of the total value of the Order or $10, whichever is the greater.

h. Nothing in this clause 3 affects the rights of Consumers as set out in Clause 9 below.

4. Damage or Loss in Transit

a. We will replace at no extra cost to You any Goods (including Goods despatched under a Standing Order or a Subscription) damaged on or before delivery, provided that You notify Us of the damage by telephone or in writing as soon as is reasonably possible after receipt of the Goods.

b. Subject to clause 4(a) above, We will replace at no extra cost to You, any Goods which in Our reasonable opinion have been lost in transit provided that You notify us by telephone or in writing if the Goods fail to arrive within 28 days after the anticipated delivery date.

c. Where Goods are despatched to You direct from Agency Publishers, Dropshippers, or an Affiliate, the Agency Publisher's or Dropshipper's or Affiliate's policy as regards all claims for items damaged or lost in transit shall apply.

5. Ownership of the Goods

a. Ownership of the Goods will not pass to You until We have received full payment for them.

b. Until ownership of the Goods has passed to You: i. You are responsible for taking all necessary steps to prevent damage, loss or harm to the Goods and you shall insure the Goods at Your expense and for Our benefit; and ii. You will hold the Goods as bailee and will resell them on Our behalf as Our agent if we instruct you to do so.

c. If You become insolvent before We have received full payment for the Goods, We may take the Goods back at Your expense. In the event that You become insolvent, You authorise Us or Our agents or representatives to enter Your premises in order to take back the Goods or to inspect the Goods.

6. Warranty

a. Subject to clause 6(b), We warrant that the Goods are of a satisfactory quality and reasonably fit for their normal purpose. We do not give any other warranties in respect of the Goods, their condition or delivery, and any warranties implied by statute are excluded to the fullest extent permissible under law.

b. We do not offer any warranties as to the accuracy or completeness of the information contained in any of the Goods.

c. These Terms and Conditions do not affect any statutory rights You may have.

d. If you believe that the Goods are not of a satisfactory quality, You may, within 30 days of delivery, notify Us in writing stating the reason for Your dissatisfaction. If we authorise return of the Goods and they are returned to Us in their original condition and at Your expense, We will promptly replace them or refund the Price of such Goods.

7. Payment

a. You shall pay Our invoice for the Price of the Goods within 28 days of the date of Our invoice, unless Our Head of Sales or Credit Controller has agreed otherwise in writing.

b. If You do not pay any sums due hereunder by the due date for payment, We may charge interest on any outstanding amount at the rate of 2% per month above the base rate of the currency used in the original sale (as posted on any publicly available banking website), from the due date for payment, to the date payment is made.

c. All payments shall be made in the currency of the original sale. You are responsible for paying any bank or transmission charge in addition to the Price.

8. Intellectual Property Rights

You will not do, or permit to be done, anything that may detrimentally affect Our copyright, trade marks or any other intellectual property rights in the Goods.

9. Cancellation of Order

a. Where You are a Consumer, You may cancel Your Order without giving any reason by notifying us in writing (or by email) within 1 working day from the date of receipt of the Goods.

b. In the event that You are a Consumer and You choose to cancel your Order and return the Goods to Us in accordance with this clause, we will refund the Price, including the delivery fee, to You. You will be responsible for the cost of returning the Goods to Us.

c. However: i. Your rights in relation to Subscriptions are as set out in clause 10 below; and

ii. Orders for the supply of audio or video recordings or computer software may not be canceled once the Goods have been unsealed.

d. Where you are not a Consumer: i. You may cancel your Order at any stage before the Goods have been placed in our order processing system.

ii. If You wish to cancel a Subscription or Standing Order after We have entered the Order into Our processing system but before the Effective Start Date, We reserve the right to charge You an administration charge of 5% of the total value of the Order or $10, whichever is the greater.

10. Subscription or Standing Order

a. Subscriptions may be renewed prior to expiry of the initial Term. Standing Orders will be renewed automatically at the end of the Initial Term (and at the end of any subsequent Term) unless You notify Us in writing, not less than 14 days before the expiry of the Term, that You wish to terminate the Standing Order.

b. Subject to this clause, and to Clause 9(d), You may terminate a Subscription or a Standing Order at any time after we have entered the Order into our order processing system by giving us 14 days notice in writing.

c. If you cancel a Subscription after the Effective Start Date, You will not be entitled to receive a refund.

d. In the case of cancellation of a Standing Order, unless provided otherwise in these Terms and Conditions, You will be liable to pay for all Goods dispatched pursuant to the Order during the period of 3 working days after We receive your notification to cancel.

11. Waiver & Severability

a. Our failure to exercise or delay in exercising any of Our rights or remedies under these Terms and Conditions does not constitute a waiver of such rights or remedies.

b. If any provision of these Terms and Conditions is found by a court or administrative body of competent jurisdiction to be invalid or unenforceable, it shall not affect the other provisions of these Terms and Conditions which shall remain in full force and effect.

12. Communications

a. Apart from Orders placed pursuant to clause 1 above, any notices, request or other communication required under these Terms and Conditions shall be in writing, and may be delivered by post or electronic transmission.

b. Notices will be deemed to be delivered within 48 hours of posting where they are delivered by ordinary Post to any address within the same nation and within five working days of posting where they are delivered by air mail to an address in another nation or, where they are sent electronically, on receipt of a successful electronic transmission report.

c. Notices shall be delivered to Us at the address set out in these Terms and Conditions and to You at the address to which the invoice is sent or such other address as either party notifies from time to time.

13. Variation

These Terms and Conditions are the only terms which apply to this Contract. Any variation to these Terms and Conditions is valid only if it is agreed in writing by Our Head of Sales or Our Credit Controller.

14. Headings

The headings used in these Terms and Conditions are for guidance only and shall not affect the interpretation of these Terms and Conditions.

15. Governing Law and Language

a. These Terms and Conditions shall be governed by New Zealand Law and shall be subject to the non-exclusive jurisdiction of the New Zealand courts.

b. These Terms and Conditions are written in the English language and all notices and communications shall be in the English language. In the event that these Terms and Conditions are translated into another language, the English language text shall prevail.

16. Definitions

In these and any other terms and conditions included in the Contract, the expressions listed below shall have the following meanings:

"Affiliate" means any company or other entity we chose to do business with, either in representing them, their products or services or in the retail sales of their wholesale Goods.

"Agency Publishers" means any publisher producing any of the Goods on Our behalf.

"Contract" means the agreement between Us and You, which includes these Terms and Conditions, made by Our acceptance of your Order.

"Customer, (You, Your)" means whoever places the Order for the Goods with Us.

"Consumer" means any Customer who is a natural person acting for purposes which are outside his business.

"Dropship" or "Dropshipper" or "Dropshipping" means any company or entity providing warehousing or distribution or fulfilment of the Goods.

"Effective Start Date" means the date of delivery of the first item of the Goods under a Subscription or Standing Order.

"Force Majeure Event" means any circumstances beyond Our reasonable control, including (but not limited to) accidents, flood, fire, natural disasters, industrial disputes, as a result of which the Goods are unavailable.

"Goods" means any items offered for sale by Us and requested by You in the Order.

"Order" means Your request to purchase any Goods. This includes Standing Orders and/or Subscriptions.

"Price" means that amount quoted in Our current price list from time to time plus delivery costs and any applicable Tax (G.S.T) or other taxes or duties.

"Seller (We, Us, Our)" means GetThe.info, and its authorised representatives and assignees. For details of our current physical address please use the contact form provided below to request it. 

"Standing Order" means Your Order for any Goods published during the Term and fitting the description submitted to Us by You in the Order.

"Subscription" means Your Order for specific Goods to be published periodically during the Term.

"Term" means the period of 12 calendar months commencing on the date of the first delivery of the whole or any part of the Goods or any subsequent anniversary thereof.

"Website" or "Web Site" means Our website to be found at www.GetThe.info, and any other website we choose to register from time to time.

Returns Policy

GetThe.info - Returns Policy

If for any reason you are not happy with an item you have purchased you can return it to us with 14 days of purchase. Providing that the following conditions are met you will receive a full refund of the purchase price (excluding shipping & handling).

1. Item must be in a new, undamaged, unopened, re-sellable condition in its original packaging
2. A copy of your invoice must be included with your return
3. Return Postage to your address must be included with your return
4. Any item returned must be sent to the Physical address as listed on the packing slip included with your order.
5. A Return and Refund Request must be lodged by contacting us with the form provided below.

If the item you received was damaged in transit please refer to our Terms of Service for return & replacement instructions.

Our Returns policy is governed by our Terms of Sale and Service