TERMS OF USE

This website is owned by Fresh Motor Company (“the Company”).

We agree to provide you with access to and use of our website, including our online shopping and subscription platform, on the terms set out below.  

You should ensure that you have read and understood these terms. If you do not agree to these terms, you should discontinue using the website. If you have any questions you may contact us at freshmotorco@gmail.com.

You agree to be bound by these terms (including our Privacy Policy and Returns Policy) when you use our Website.

These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

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

USE OF SITE AND INTELLECTUAL PROPERTY RIGHTS

Our website is comprised of software and contains text, images, graphics, product-related data, audio clips, video, music and other information ('Content'). The Content is subject to copyright and other intellectual property rights owned by the Company, or a third party which has permitted us to use the Content.

You must only use the website for lawful purposes and ensure that you do not carry out any activities in relation to the website which:

  • may cause disruption or failure of the website or any part of it, including its functionality;

  • may constitute infringement of our intellectual property rights;

  • provide false information when registering an account or changing your account information;

  • copy, distribute, reproduce, modify, translate, adapt, vary, reverse engineer, de-compile or disassemble any of the Content or create derived works based on the Content;

  • use any spider, scraper, robot or other automated means to access the Content and the website for any purpose whatsoever or seek to bypass any measures that we may implement to restrict automated access to the Content or the website; or

  • use the Content or any trade marks or other marks contained on our website which are protected by law.

We reserve the right to monitor and track your login information on the website to ensure it is being used in accordance with these terms.

By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are 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.

COOKIES

A cookie is a small data file that a website may write to your hard drive when you visit it. A cookie file can contain information, such as a user ID, that the website uses to track the pages you have visited. The only personal information a cookie can contain is information you personally supply. A cookie cannot read data off your hard disk or read cookie files created by another website.

Our website uses cookies to track user traffic patterns and to better serve you when you revisit the website. You can set your browser to notify you when you receive a cookie, providing you with the opportunity to either accept or reject it. You can also refuse all cookies by turning them off in your browser.

For further information regarding our use of your personal information, you should read our Privacy Policy.

DISCLAIMER

We reserve the right at any time to modify or discontinue the website (or any part or content thereof) without notice at any time.  Prices for our products are subject to change without notice.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the website.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the use 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.

The Website content is provided on an “as is” basis and we do not make any warranties as to the completeness or accuracy of the Content, including whether use of the website will be uninterrupted, error free, or fit for a particular purpose.

In these terms, a reference to a “claim” means any claim, allegation, demand, suit, action or the initiation or threat of proceedings of any kind made under or in connection with these terms or its subject matter, whether arising under contract, tort (including negligence), statute or any other basis in law or in equity.

To the fullest extent permitted by law:

  • we exclude all representations, warranties, implied terms (including those implied by statute, custom, law or otherwise) in relation to the website or the Content, except as expressly set out in these terms; and

  • we are not liable to you in respect of any claim in relation to the website or the Content or these terms for any loss, damage, expense, loss of data or any other incidental damages.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Fresh Motor Company, our directors, 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 of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

LINKS

The Website may contain links to third party sites, over which we have no control. Your access to and use of those third party sites is at your own risk and may be subject to other terms of use.

VIRUSES

We make every attempt to ensure that the website is free of viruses and other malicious code which may affect your computer systems. However, your access to and use of the website is at your own risk and you must take your own precautions to avoid and protect your computer systems against any viruses and other malicious code

THIRD PARTY TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor 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 of Use.

ACCOUNT SECURITY

For security purposes, you must ensure that you not to share your account login details.

CREDIT CARD INFORMATION

We do not store any credit card information that you provide. Payments made via the website are securely managed by our third party payment gateway vendors Stripe and Paypal in compliance with relevant standards.

SUSPENDING OR TERMINATING SITE ACCESS

We may suspend or terminate your access to and use of the Website, without notice, if you are in breach of these terms. Any termination or suspension does affect any rights or remedies which we may have under these terms or otherwise at law.

JURISDICTION

These terms are governed by the laws of New Zealand.

CHANGES TO THESE TERMS

We may change these terms from time to time, in our sole discretion and without notice to you. By continuing to access and use the Website, you agree to be bound by the changes to these terms.

Fresh Motor Company (Company No. 942904133679) is operating the Website in New Zealand and is located at 49a Hill Road, Manurewa, Auckland.  2012.

You may contact us at any time via email freshmotorco@gmail.com