Terms and Conditions

1. TERMS AND CONDITIONS

1.1 Acceptance of terms and conditions:
The terms and conditions are the terms on which Home of Poi Ltd offers you access to the Services, products and features of the Website. By registering as a member of Home of Poi or by using this website you accept these terms and conditions.
1.2 Age restriction:
The website is not intended to be used by children under 13 years of age. No information should be submitted or posted by Users under the age of 13.
If you do not accept these terms and conditions, you must refrain from using the Site and products.
1.3 Amendment of terms and conditions:
These terms and conditions may be amended in whole or in part by Home of Poi from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Website represents your agreement to be bound by the terms and conditions as amended.

2. Last Update

2.0 These terms and conditions were last updated 22 September 2014.

3. SPECIFIC WARNINGS

3.1 The services:
Home of Poi provides a venue to introduce members who want to learn about Poi , purchase Poi and related items. Home of Poi provide the information, data, documents, prices, applications, text, image ,graphics, video, audio, and all other content on www.homeofpoi.com for informational purposes only
3.2 At your own risk:
Transactions and use of any of Home of Poi’s products are conducted entirely at your own risk. You agree that Home of Poi takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences. Home of Poi gives no undertakings, representations, or warranties in relation to items sold or postings on the Website.
3.3 Disclaimer:
You expressly understand and agree that:
  1. Your use of the Services is at your sole risk. The Website and services are provided on an  as is  and  as available  basis with all faults. To the maximum extent permitted by law and without limiting clause 3.2, Home of Poi disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, interference with enjoyment and non-infringement . By way of illustration, without limitation, Home of Poi does not warrant that the website will fulfill any users particular requirements. Any liability is limited to the cost of the product. In no event will Home of Poi’s liability to website users exceed the fees actually paid by the user for use of the website.
  2. Home of Poi does not warrant that i) the services provided will be uninterrupted, timely, secure, or error free, or ii) that any information provided on the Website is error-free or reliable;
  3. No advice or information that is obtained by you from Home of Poi or anyone else shall create any warranty by Home of Poi that is not expressly stated in the terms and conditions; and
  4. Disclaimer of Warranties. Although we strive to provide high-quality content on the website ,we do not guarantee ,or warrant the accuracy , completeness, suitability , availability , or timeliness of anything posted on the website. The website should not be relied upon for personal, medical, legal, or financial information or decisions, and you should consult an appropriate professional for specific advice tailored to your situation.

4. Exclusive User remedy: typographical errors

In the event you are dissatisfied with any aspect of the website, your sole remedy shall to be discontinue use of the website. The content of the website may contain errors, omissions, or typographical errors. Home of Poi shall not be liable for any such errors. In the event that a product, service or price is listed incorrectly due to an inaccuracy, typographical error, or error in terms of pricing information, Home of Poi shall not be liable to for any claim whatsoever arising from the inaccuracy and shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. If your credit card has been charged for the purchase and your order is cancelled, Home of Poi shall issue a credit to your credit card account in the amount of the incorrect price.

5. Third party vendors.

The website may contain products, links and information provided by third parties. This content shall not be construed as approval or endorsement by Home of Poi. You use this content at your own risk.

6. Liability:

You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Home of Poi to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, another Member's acts or omissions, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Home of Poi’s liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.

7. Indemnity:

You agree to release, indemnify and keep indemnified Home of Poi from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, or arising out of any content or item you submit, post, transmit, or make available through the Services.

8. Security of your login information:

You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:

  1. not to permit any other person to use your user name or membership; and
  2. not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow them to gain access to your membership.
  3. Home of Poi strives to maintain the security of information provided in connection with the website but cannot guarantee the security of any such information, and to the maximum extent permitted by law, Home Of Poi shall not be responsible for any disclosure or compromise of User information.

9. Emails and newsletters:

Home of Poi will send you emails relating to your membership, transactions and other activities on the Website, and for promoting and marketing other Home of Poi products and services to you. Home of Poi may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.

10. General

  1. You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so.
  2. You may not use a robot, spider, scraper or other unauthorised automated means to access the Website or information featured on it for any purpose.

11. System Integrity:

Home of Poi will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, Home of Poi takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, Home of Poi assumes no responsibility for the corruption of any data or information held by Home of Poi.

12. Home of Poi Message Boards / Forums /Lessons:

Home of Poi provides Message Boards, forums and lessons for the use of Home of Poi members. These services may not be used to promote auctions, websites or any commercial or business activity. Home of Poi is not responsible for any of the opinions expressed in these areas. By posting a message to the message board or forums you agree to take full legal responsibility and liability for your comments, including for offensive or defamatory statements.

13. Force Majeure:

Without prejudice to clause 3.2 , Home of Poi has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of Home of Poi to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Home of Poi.

14. No Waiver:

If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.

15. Partial Invalidity:

If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.

16. Governing Law:

These terms and conditions, use of Home of Poi products and website are governed by the laws of New Zealand. You submit to the jurisdiction of the Courts of New Zealand.

17. Intellectual Property Rights:

Home of Poi (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the Website.

  1. You may not without our prior written permission, in any form or by any means:
    1. Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
    2. Commercialise, copy, or on-sell any information, or items obtained from any part of this Website.

18. Entire agreement:

These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.

19. Privacy:

Home of Poi collects personal information about you through your use of the Services and the Website, including:

  • your registration details; and
  • information relating to your use of the Website and the content you access.
19.1
You agree that Home of Poi may use this personal information to assist us to provide the Services to you, for internal research purposes, to verify your identity, to enforce or apply our terms and conditions, to protect the rights, property, or safety of Home of Poi Limited, our users, or others, for promoting and marketing other Home of Poi products and Services to you, and for any other use that you authorise.
19.2
We will not sell or allow third parties to access your personal information without your consent. We release account and other personal information only when we believe release is appropriate to comply with law; facilitate court proceedings; enforce or apply our terms and conditions; or protect the rights, property, or safety of Home of Poi Limited, our users, or others. Government agencies with statutory roles enabling them to request information from us include but are not restricted to the Police, Inland Revenue Department and Ministry Of Economic Development. You may contact Home of Poi to ask whether information has been provided to government agencies.

20. Shipping.

Home of Poi contracts third party providers to ship and deliver products to you.

  1. Because we do not directly control all parts of the delivery chain, we cannot guarantee your item will always reach its destination within the targeted delivery times.
  2. Home of Poi accepts no liability for loss or damage to products during shipping or immediately following delivery to the extent such loss or damage ;
    • Results from an event outside our control.
    • Occurs after delivery
    • Occurs as a result of your delivery instructions or requirements. As an illustration, but without limitation, "leave package on the porch"

An "event outside our control" includes any delay in acceptance of an item by an addressee; our Carriers inability to gain access to a delivery address; seizure or destruction of an item by customs or any other regulatory or government authority; an act of God; earthquake, volcanic activity, flood, fire, storm or adverse weather condition; sabotage, riot, civil disturbance, epidemic, national emergency or act of war; governmental action; strike, lock-out, work stoppage or other industrial problem; traffic congestion; or delay in aircraft or other transport.

21. Stored Credits/ Referral Dollars:

Your referral dollars are stored in New Zealand dollars and if required are converted using xe.com into your currency. So your saved amount is subject to currency fluctuations.

Any amount will be credited to your next order automatically.

Referral dollars expire after 12 months.

We can not pay out competition winnings as that is a credit for goods only. Any prize given out is converted on the day of the prize into New Zealand dollars using xe.com for storage into our system.

22. Multiple referrers:

Customer gets the greater of the discounts offered from their own account or referrers. However only one referrer gets paid.

Google Adwords is a referrer and because they get paid immediately even if the purchase does not complete, they always take precedence as being the actual referrer.