Terms and Conditions
1. APPLICATION OF TERMS
1.1. These Terms apply to your use of the Website. By accessing and using the Website:
1.1.1. you agree to these Terms; and
1.1.2. where your access and use is on behalf of another person, you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
1.2. If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.
2. CHANGES
2.1. We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website and service, you agree to be bound by the changed Terms.
2.2. We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
2.3. These Terms were last updated on 7 February 2023.
3. DEFINITIONS
In these Terms:
including and similar words do not imply any limit
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
personal information means information about an identifiable, living person
Terms means these terms and conditions titled Website Terms of Use
Underlying System means any network, system, software, data or material that underlies or is connected to the Website
User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website
We, us or our means Ripple Movement Ltd
Website means ripplemovement.co.nz
You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.
4. YOUR OBLIGATIONS
4.1. You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
4.2. If you are given a User ID, you must keep your User ID secure and:
4.2.1. not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
4.2.2. immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to hello@ripplemovement.co.nz
4.3. You must:
4.3.1. not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
4.3.2. unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
4.4. You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to hello@ripplemovement.co.nz
4.5. You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.
5. INTELLECTUAL PROPERTY
5.1. We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems. Reproduction of the Website, in whole or in part, including the copying of text, graphics or designs without our prior consent is strictly prohibited.
6. DISCLAIMERS
6.1. To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
6.1.1. the Website being unavailable (in whole or in part) or performing slowly;
6.1.2. any error in, or omission from, any information made available through the Website;
6.1.3. any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
6.1.4. any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
6.2. We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.
7. LIABILITY
7.1 To the maximum extent permitted by law:
7.1.1. you access and use the Website at your own risk; and
7.1.2. we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
7.2. Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD25.
7.3. To the maximum extent permitted by law and only to the extent clauses 7.1 and 7.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed NZD25.
8. PRIVACY POLICY
8.1. You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website available to you. For example, we may need to have your contact information in order to provide you with updates from our Website.
8.2. When you provide personal information to us, we will comply with the New Zealand Privacy Act 2020.
8.3. The personal information you provide to us (including any information provided if you register for an account) is collected and may be used for communicating with you, statistical analysis, the marketing by us of products and services to you, dit checks (if necessary), and research and development.
8.4. We may also collect technical information whenever you log on to, or visit the public version of, our Website. This may include information about the way users arrive at, browse through and interact with our Website. We may collect this type of technical information through the use of cookies and other means. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive to enable our systems to recognise your browser. If you want to disable cookies, you may do so by changing the settings on your browser. However, if you do so, you may not be able to use all of the functions on the Website. We use the technical information we collect to have a better understanding of the way people use our Website, to improve the way it works and to personalise it to be more relevant and useful to your particular needs. We may also use this information to assist in making any advertising we display on the Website more personalised and applicable to your interests.
8.5. Generally, we do not disclose personal information to third parties for them to use for their own purposes. However, some of the circumstances in which we may do this are:
8.5.1. to service providers and other persons working with us to make the Website available or improve or develop its functionality (e.g. we may use a third party supplier to host the Website);
8.5.2. in relation to the proposed purchase or acquisition of our business or assets; or
8.5.3 where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency.
8.6. Any personal information you provide to us may be stored on the secure servers of our trusted service providers, which may be located outside New Zealand. This may involve the transfer of your personal information to countries which have less legal protection for personal information than New Zealand.
8.7. You have the right to request access to and correction of any of the personal information we hold about you. If you would like to exercise these rights, please email us at hello@ripplemovement.co.nz
9. SUSPENSION AND TERMINATION
9.1. Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).
9.2. On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.
10. ORDERS, PRICE AND PAYMENT
10.1. You may place an order to purchase a Clothing Collection Bag by following the instructions on the Website and paying the Price using one of the methods available at checkout on the Website (Order)
10.2. Price: You agree that the Price shall at all times be:
(a) In New Zealand dollars;
(b) Inclusive of GST; and
(c) Exclusive of delivery, as confirmed by you at the time of checkout.
(d) We may, from time to time, vary the price of the Clothing Collection Bag.
(e) The current prices of Clothing Collection Services will be as displayed on the Site.
10.3. Payment: You shall pay the Price in advance at the time of checkout, by using the third party payment provider portal nominated by us at the time of checkout. Your order for the Goods shall not be confirmed until the Price is received by Ripple Movement Ltd in cleared funds, without deduction or setoff.
(a)You will be billed for the Clothing Collection Bag at the time of placing your order.
(b) We reserve the right to accept or reject an Order for any reason including if:
(c) a Product is not available;
(i) there is an error in the price or Products description on the Site or in an Order;
(ii) there is an error or issue in the payment processing or details provided by you when placing an Order;
(iii) an Order does not comply with these Terms; or an Order is determined by us in our sole and absolute discretion to be in breach.
(iv) If we reject an Order, we will notify you of that rejection immediately or within 7 days of submitting an Order.
11. SUPPLY & DELIVERY
11.1. Out of stock: If the Collection Bag that you have ordered is not in stock, we will notify you by email and, if you have already paid the Price, we will refund you the Price.
11.2. Refunds can be given prior to Ripple sending you your Collection Bag, less $5 to cover payment processing. Refunds after collection bags have been sent to you, payment will be less $5 for payment processing and less shipping. Strictly no refund will be given once you have sent back your collection bag.
11.3. Delivery: If you have requested delivery in an Order and paid the Price, we will arrange delivery of the Goods to your nominated shipping address. Your delivery will be shipped as soon as reasonably practicable after you submit an Order.
11.4. We may, at our sole discretion, alter a shipping charge or delivery fee at any time.
11.5. We accept no liability or responsibility for:
(i) incorrectly placed Orders; or
(ii) incorrect or incomplete delivery details or instructions provided by you.
11.6. You acknowledge and agree that:
(i) we use third party carriers to deliver Products, including NZ Post
(ii) you are bound by and will comply with the third-party carrier’s terms and conditions and any policies applicable to the delivery of the Products; and
(iii) we are not liable for Products that are damaged or lost in transit.
11.7. For the avoidance of doubt, you are responsible for contacting and liaising with the third-party carriers for any lost or damaged Products, however, we will use our best endeavors to help you to reach a satisfactory resolution with our third-party carriers.
12. PAYMENTS & BILLING
12.1. Payments for all Ripple Clothing Collection Bags must be by any payment method listed on the checkout page of the Site. We will use a third-party processor to process your payment.
12.2. When you complete your purchase, you will be asked to provide your preferred payment method and billing information.
12.3. Your payment will be processed when you submit your Order.
12.4. If any payment fails, you are responsible for any reasonable administration fees including any fees for the failed payment.
13. CONSIGNMENT SERVICES & UNACCEPTABLE GOODS
13.1 Ripple Clothing Collection Bag: You may request a Ripple Clothing Collection Bag through the Website. On receipt of a request and subject to availability, we may send a Collection bag to you.
13.2 Accepted Goods: You must only place items acceptable to us (Acceptable Goods) into the Ripple Clothing Collection Bag and shall not place items into the Ripple Clothing Collection Bag that are Unacceptable Goods as listed on our website.
13.3 Return of your Ripple Clothing Collection Bag: You shall return the Clothing Collection Bag to us via courier using the prepaid courier label provided. If you supply any Unacceptable Goods, we may discard or donate the Unacceptable Goods at our sole discretion. We shall inspect the Consigned Goods upon receipt to determine which items we accept and which are Unacceptable Goods.
13.4 Appointment: You appoint us to reuse, upcycle, repair or recycle Consigned Goods by consignment on your behalf. No items can be returned to you once you have sent them to us in your Ripple Clothing Collection Bag or put in a Ripple Gear Drive Collection.
14. USER CONTENT
14.1 We do not claim ownership of any content you add or post onto the Site, including any reviews, comments, photos and other contributions you may make in response to the content of our Site (User Content). Instead, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable licence to use the User Content, whether on this Site, another Site we own or control (including our social media channels) or in any hardcopy form.
14.2. We reserve the right to remove or block any User Content that violates our Terms.
15. MARKETING AND PROMOTIONAL MATERIAL
15.1. By placing an order, you agree to receive marketing communications from us.
15.2. You can opt out of receiving promotional material and marketing communications from us by emailing hello@ripplemovement.co.nz
15.3. We may present information and content on the Site (Marketing).
15.4. The Marketing is for your personal use only and may not, without our prior written consent, be resold or redistributed in any material or media form.
16. GENERAL
16.1. If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
16.2. These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.
16.3. For us to waive a right under these Terms, the waiver must be in writing.
16.4. Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.5, 5, 6, 7, 16.1, continue in force.
16.5. If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
16.6. These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms
17. Ripple Gear Drive Conditions
17.1. There is a minimum collection of 2x 120L bins. The fee for these bins will be charged regardless of whether the bins are full.
17.2. An agreement will be made prior to the collection of whether the host wants to put in a cost limit or a maximum number of bins alternatively once bins are full, Ripple will resupply new bins until the agreed collection period is finished.
17.3. Your impact statistics will be advised via email within two weeks of the collection ending.
17.4. Hosts may use the terminology “Supporting Ripple through hosting a Ripple Gear Drive” as opposed to being a Sponsor or Partner.
17.5. The Ripple logo must not be used on an ongoing basis post Gear Drive online or in print as this is reserved for Sponsors who help cover the cost of our operations.
17.6. Call 0800 328 433 or pop us an email at hello@ripplemovement.co.nz for more information.
