Terms and conditions
Thank you for visiting the Hotmilk website, www.hotmilklingerie.com (the “Site”).
By viewing this Site, you agree to be bound by the terms and conditions below (the “Terms”). However, if you do not agree to all of the Terms, please do not use the Site. Hotmilk may occasionally change or update the Terms by updating this Web page. Your use of this Site following any of our changes constitutes your agreement to follow and be bound by the Terms as changed. If any of our changes are unacceptable to you, your only option is to conclude your use of the Site.
AGREEMENT TO PURCHASE GOODS
- By submitting an order or visiting this Website you agree to be bound by these terms and conditions
- When you submit an order to Hotmilk Ltd over the Internet you are offering to purchase from Hotmilk Ltd those items identified in your order. Payment details must be provided at the time of submission. No goods will be delivered without full payment being received.
- Hotmilk Ltd reserves the right to cancel orders which it believes to be fraudulent.
- Amendments to orders can be made by Hotmilk Ltd with the express permission of the customer. Submission by email and telephone is considered to be a valid form of communication for this authorisation.
- All products sold on this website are exclusive of GST and all other taxes where appropriate.
- Hotmilk Ltd reserves the right to adjust prices at any time and without prior notice before any order has been submitted.
- Hotmilk Ltd reserves the right to discontinue products at any time and without prior notice. Where a product becomes unavailable after acceptance of your order, Hotmilk will contact the customer to advise of this and offer an alternative and/or remove that item from the order.
- To the extent permitted by law, Hotmilk Ltd expressly disclaims all warranties whether expressed or implied including warranties in relation to merchantability or fitness for a particular purpose. This disclaimer by Hotmilk Ltd in no way affects the terms of any manufacturer’s warranty, express or implied.
- Hotmilk Ltd disclaims any and all liability for any failure to deliver any products within our anticipated delivery times. Dispatch and delivery dates are provided as a guide only.
This site, its contents, functions and all information, products and services contained in or offered through this site are provided on an “as is” and “as available” basis without representations or warranties of any kind. Hotmilk Ltd expressly disclaims all such representations and warranties, either expressed or implied, including without limitation, warranties of title, merchantability, fitness for a particular purpose or noninfringement and any implied warranties arising from course of dealing or course of performance. Hotmilk Ltd does not warrant that this site or its contents will be complete, accurate, timely, uninterrupted, secure or error free, or that defects will be corrected. All information on the site is subject to change without notice. Some jurisdictions do not allow the exclusion of certain warranties so some of the above exclusions may not apply to you.
LIMITATION OF LIABILITY
Hotmilk Ltd is not liable for any direct, indirect, consequential, special or incidental damages arising out of or related to your use of or inability to use this site. Some jurisdictions do not allow the exclusion of certain warranties so some of the above exclusions may not apply to you.
COPYRIGHT AND TRADEMARK NOTICE
This Site and its contents, including but not limited to, text, photographs, graphics, illustrations, video, sound and other material (all such content collectively referred to as “Content”) are protected under New Zealand and international copyright laws and are the property of Hotmilk Ltd or its third party licensors. All rights reserved. All logos, splash screens, page headers, custom graphics and button icons displayed on this Site are service marks, trademarks, and/or trade dress (collectively, “Marks”) of Hotmilk Ltd or its third party licensors. Except as specifically permitted herein, copying, distributing, transmitting, displaying, modifying, selling or participating in the sale of, or otherwise exploiting or using any Content or any Marks in any form or by any means without the express written permission of Hotmilk Ltd is prohibited and may violate the copyright or trademark laws of New Zealand and/or other countries. The Site and its Contents, are intended solely for personal, non-commercial use by the users of our Site. The Contents displayed on the Site may be downloaded or copied for your own use provided that you maintain any notices contained in the Content, such as all copyright notices, trademark legends or other proprietary rights notices. In using downloaded materials, copyright and trademark notices shall be displayed and used in the manner shown or specified. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. No reproduction of any part of this Site may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication, or website. Hotmilk Ltd shall have no liability or any responsibility whatsoever for any loss suffered caused by viruses that may infect your computer equipment or other property by reason of your use of, access to or downloading of any material from this Site. By choosing to download material from this Site you do so at your own risk.
YOUR COMMENTS AND TRANSMISSIONS
Your comments, remarks, recipes, feedback, suggestions, ideas, inventions, artwork, developments, concepts, and other types of communications and submissions you disclose or transmit to us (collectively, “Submissions”) are appreciated. So long as no personally identifiable information is disclosed, Hotmilk Ltd will be free to use the Submissions for any purpose whatsoever. By making a Submission, you grant Hotmilk Ltd an irrevocable, worldwide, royalty-free right and license to use, reproduce, modify, adapt, publish, distribute, publicly display, develop, advertise, and market your Submissions and any related copyrights, moral rights or other intellectual property rights therein. Any such use is without compensation to you. By making a Submission, you also warrant that you own the material/content submitted, that it is original, that it is not defamatory, and that Hotmilk’s use of the Submission will not violate any third party’s rights. Hotmilk Ltd is under no obligation to use the information submitted.
You agree to defend, indemnify and hold Hotmilk Ltd and each of its subsidiaries, affiliates, franchisees, licensees, officers, directors employees and agents, harmless from and against any and all claims, losses, damages, liabilities, costs and expenses, including reasonable fees and expenses of counsel, incurred or suffered by them and arising from or related to your (i) use of the Site or (ii) violation of any of these Terms.
MODIFICATIONS TO THE SITE
Hotmilk Ltd reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the Site including but not limited to content, features or hours of availability. Hotmilk Ltd may impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.
You are solely responsible for the content and context of any materials you post or submit through the Site. You warrant and agree that while using the Site, you shall not upload, post, transmit, distribute or otherwise publish through the Site any materials which: (a) are unlawful, threatening, harassing or profane; (b) restrict or inhibit any other user from using or enjoying the Site; (c) constitute or encourage conduct that would constitute a criminal offence or give rise to civil liability; or (d) contain a virus or other harmful component, advertising of any kind, or false or misleading indications or origin or statements of fact.
These Terms are governed by and shall be construed in accordance with the laws of New Zealand without giving effect to any principles of conflicts of law. Any controversy or dispute involving Hotmilk Ltd arising from or in any way related to these Terms or your use of the Site shall be heard in the appropriate venue.
OUR COMMITMENT TO PRIVACY
It is the policy of Hotmilk Ltd to respect your privacy. To better protect your privacy we provide this notice explaining our online information practices at www.hotmilklingerie.com (the “Site”) and the choices you can make about the way your information is collected and used. This notice applies only to information collected or submitted on the Site. By using the Site, you agree to the collection and use of your information as described herein. We reserve the right to change these terms and will post any changes on this page so that you are always aware of what information we collect and how we use it. We encourage you to check this page regularly. Your continued use of the Site following any changes will constitute your acceptance of such changes.
THE INFORMATION WE COLLECT
There are several types of information we collect on the Site. On some pages on the Site, you can provide personally identifiable information voluntarily, such as your name, postal address, e-mail address and phone number when you contact us with an enquiry, request, or suggestion, provide feedback on our products, participate in a marketing program, or register to receive promotional materials. We do not knowingly collect personally identifiable information from visitors to the Site who are under thirteen years of age.
THE WAY WE USE INFORMATION
Except as disclosed in this notice, we do not sell or disclose your personally identifiable information to third parties without providing you an opportunity to opt out or otherwise prohibit such use. We may access, use or disclose your personally identifiable information to operate, maintain, service or improve the Site; provide targeted e-mails, surveys, or promotional offers to you; analyse the Site to make it more effective; or for other general internal business purposes. We will use the information collected to create an easy-to-use and convenient way to process your transactions and provide you information about your account. Financial information is not used for any other purpose than billing. We may use third party contractors to help us operate our business and the Site or administer activities on our behalf, such as authorize credit card transactions. We may share your personally identifiable information with these contractors for those limited purposes. We may use non-identifying and aggregate information about the Site and its users for internal purposes and we may share it with third parties to illustrate trends and user demographics. If Hotmilk Ltd is sold to or merges with another company, some or all of the information collected from you may be transferred to a third party as a result of the transfer of assets. We may also disclose your information when we determine it is necessary to comply with applicable laws or protect the interests or safety of Hotmilk Ltd or other visitors to the Site.
To ensure we do not share your email address or other customer information with any third parties or that we not provide you with targeted e-mails, surveys or promotional offers, send us an e-mail opting out of these communications to email@example.com. Please note that we may occasionally contact you for administrative purposes even if you opt out of these communications.
The Site may contain links to other sites, including among others those of advertisers and other third parties and companies whose trademarks appear on the Site. We are not responsible for the information collection practices or the content of the sites to which we link.
HOW YOU CAN ACCESS OR CORRECT YOUR INFORMATION
You may access, change, or delete your information after you have signed into your account on the Site. You can also change other personally identifiable information you have provided to us, by going to the Contact Us section of the Site, and sending us an e-mail request.
We have established physical, electronic, and managerial procedures designed to safeguard and secure the information we collect online, to help prevent unauthorized access to your data, maintain data accuracy, and ensure the correct use of information,