This website is operated by Cadimage Limited (referred to as "Cadimage/we/our/us"). As a user of this website (referred to as "you/your") you acknowledge that any use of this website including any transactions you make ("use/using") are subject to our terms and conditions below.
1.1. We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
1.2. You confirm that you have authority to bind any business on whose behalf you use this website.
2.1. All orders that you place on this website by adding products to your shopping cart are subject to payment in accordance with the payment processes on this website.
2.2. The confirmation stage sets out the final details of your order and occurs after payment has been accepted. Following this, you will receive a confirmation of your order detailing the products you are entitled to download. You may download those products at any time after payment has been accepted.
2.3. You will be granted a licence to use the products you download from this website. You will be required to accept the terms and conditions of the licence prior to using the products. Should those product licence terms and conditions not be acceptable to you please let us know. You will then have no right to use the products and, without limiting any rights you may have under applicable local laws, a full refund of the amount you paid for those products will be paid to you on request within 30 days.
2.4. Details of your order are retained for you to subsequently access directly on this website.
3.1. We take payment from your card at the time we receive your order, once we have checked your card details. The price you pay is the price displayed on this website at the time we receive your order.
3.2. All prices exclude NZ Goods and Services Tax (GST) which will be added (where applicable) at the applicable current rates. You are responsible for payment of any taxes, levies or other similar payments required in your jurisdiction.
4.1. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website (including without limitation all newsletters or other information which you subscribe to receive on this website) shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
4.2. You acknowledge and agree that the material and content contained within this website and in all newsletters or other information which you subscribe to receive on this website is made available only for use within your business and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website or of any newsletters or other information which you subscribe to receive on this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
5.1. Cadimage will use reasonable endeavours to verify the accuracy of any information on this website and in all newsletters or other information which you subscribe to receive on this website but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs. Cadimage will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and Cadimage accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
5.2. Other than as expressly provided in these terms and conditions, any warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
5.3. Cadimage will not be liable, in contract, tort (including, without limitation, negligence), equity or under statute or otherwise out of or in connection with these terms and conditions for any: • economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
• loss of goodwill or reputation; or
• special or indirect losses
suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
5.4. Notwithstanding the above Cadimage aggregate liability (whether in contract, tort (including without limitation negligence) or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) which is/are the subject matter of the claim.
5.5. We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
6.1. The contract between us shall be governed by the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand.
6.2. Cadimage shall be under no liability to perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
6.3. To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
6.4. You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by Cadimage.
6.5. Cadimage reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
6.6. If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
6.7. No delay or failure by Cadimage to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Cadimage.
6.8. These terms and conditions supersede all prior representations, understandings and agreements between you and Cadimage relating to the use of this website (including the order of products) and sets out the entire agreement and understanding between you and Cadimage for your use of this website.