Authority to accept terms
2. You represent and warrant to us that:
(a) you have the appropriate authority and power to validly accept these terms;
(b) you are over 18 and have the legal capacity to contract in New Zealand; and
(c) if you are using a credit card or direct debit, the credit card or direct debit is issued in your name, and/or you have the right to use that credit card or direct debit/bank account.
3. Payments made using the payment are processed through a secure third party provider. However, you acknowledge and agree that transactions are never entirely secure or private and that any message or information you provide to Smartbox (including credit card information) may be read or intercepted by others. We will not have any liability for the interception, ‘hacking’ or other unauthorised accessing of information through this website by unauthorised third parties. Credit card details must be communicated by telephone or in person.
4. You must ensure that the transaction, credit card information, and all other details you provide in relation to your payments made to Smartbox are correct. We will not have any liability for transactions that are incorrect as a result of inaccurate data or information provided by you or which is otherwise caused by factors outside of our control.
5. You agree to:
(a) use the payment process only for the purpose of paying us for the Services;
(b) not use or attempt to use the payment process for any illegal or offensive purpose; and
(c) not deliberately damage or disrupt the payment process.
6. We cannot warrant that the payment process will be fault-free or uninterrupted, nor that information provided through the payment process will be error-free or accurate. We will endeavour to ensure the payment process is available at all times.
7. If we believe (in our sole discretion) or know that:
(a) the personal information (including credit card information) you provide to us is not yours;
b) you do not have the authority to accept these terms; or
(c) the payment you intend to make using the payment process is unauthorised;
we may reject, suspend or cancel any payment you endeavour to make.
8. To the extent permitted by law:
(a) except as expressly set out in these terms, all warranties, representations or guarantees (whether express, implied or statutory) in relation to the payment process are excluded; and
(b) we will not be liable for any damage, loss or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection to your access and use of the payment process.
9. If for any reason we are held to be liable to you for any breach of these terms or otherwise in relation to your use of the payment process, our maximum liability to you will be limited to $100 in respect of each transaction which you attempt to make using the payment process.
10. If the New Zealand Consumer Guarantees Act 1993 applies, you may have rights or remedies which are not excluded or limited by these terms. If you are using this website or its content for business purposes, the above exclusions and limits in these terms will apply and the New Zealand Consumer Guarantees Act 1993 will not apply.
11. The exclusions and limits set out in these terms will also operate for the benefit of our suppliers, licensors and agents which we use to provide the payment process and this website.
12. You agree to indemnify us in respect of any loss, damage, cost or expense (including reasonable enforcement costs, whether incurred on a solicitor and own client basis or otherwise) suffered or incurred by us as a result of:
(a) a breach by you of any of your obligations under these terms; or
(b) your intentional misuse of the payment process.
13. By accepting these terms you acknowledge that you have read and understood them and agree to abide by them.