Terms & Conditions
Customers operate this Website and Eversource eXtranets and related applications (the “Sites”) under a license agreement with Youtopia Technologies Limited (“Youtopia” “we” “our” “us”). The products and services within the Sites are provided by third party suppliers (“Suppliers”). The Suppliers are selected by the Customer, under separate, individual arrangements. The supply of products and services within the Sites is subject to the terms and conditions agreed between the Customer and the relevant Supplier.
This document governs your relationship with the Sites. Access to and use of the Sites. collectively (the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
You must not misuse the Sites. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and www.ecos.co.nz will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Sites or to your downloading of any material posted on it, or on any Website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through the Sites remains the property of Youtopia or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Youtopia and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format,
any of the content or copies of the content supplied to you or which appears on the Sites nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the terms and conditions of the relevant Supplier. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from delivery delays or force majeure for which we will not be responsible.
In order to contract with the Supplier you must possess a valid credit or debit card payment issued by a bank acceptable to us and the Supplier, or a valid Logon Id and password for account payments. We and the Supplier retain the right to refuse any request made by you. Where a contract is made with a third party we are not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user to place your order and that there are sufficient funds or credit limit to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Your Contract, when you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between you and the Supplier will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability, whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund from the Supplier. Freight and Order fee costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
(c) Payment, upon receiving your order we will carry out a standard authorization check to ensure there are sufficient funds to fulfil the transaction. Once the goods have been despatched and you will be sent a despatch confirmation email representing the monies paid in consideration for the value of goods.
(d) Returns, if it is necessary to return products the following procedures must be adhered to:
In all cases before returning products, call the relevant Supplier to obtain a Return Authority Number and return address for goods. This number must be quoted on all documentation that accompanies returned goods, and on all cartons containing the goods. Credit refunds cannot be made without a Return Authority Number.
Enclose a copy of the original despatch docket with the returned goods. The Supplier must be notified of the intent to return goods, within a timeline acceptable to the Supplier. If the return is due to the customer ordering the wrong product the freight cost of the return is payable by the customer.
(e) Delivery, of items will be shipped from the Suppliers’ warehouses, directly to the delivery address on your order. An estimate of arrival time is displayed with your items in your shopping basket. Use this to determine when goods are expected to arrive. These times will be reaffirmed on the order and despatch confirmation emails. Those order despatching internationally, we may contact you directly to confirm the delivery information.
In cases where goods have not arrived as expected, please call the Supplier for assistance.
Disclaimer of Liability
The material displayed on the Sites is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law we, the Sites and Suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the Sites or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect our liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to the Sites
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any Website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on the Sites are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on the Sites are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to us.
You agree to indemnify, defend and hold harmless Youtopia, the directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website, the Sites or your breach of the Terms of Service.
We shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of the Sites.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
No customer goods will be insured by Youtopia against loss or damage. Should you wish to insure the customer goods, you may request from the Supplier. Suppliers may insure products where ownership of products, remains with the Supplier and / or according to their terms agreed with the Customer.
Suitability for Purpose
Youtopia gives no guarantee, implied or otherwise, that the goods purchased through this website is suitable for specific customer requirements.
(a) Disclose, reproduce or use;
(b) Permit or allow the disclosure, production or use by any person of; or
(c) Permit or allow any person access to, any Confidential Information of the other party except (in the case of the Suppliers) to the extent necessary to provide the services
Youtopia will use all reasonable endeavors to ensure the Customer's Confidential Information is kept secured from unauthorised access, use and disclosure. This clause survives the completion or cancellation of any order for services the Customer asks the Supplier to perform for the Customer.
If a dispute arises out of or relates to these terms then the parties agree to:
(a) Endeavour to settle the dispute by mediation.
(b) If agreement cannot be reached through mediation, to refer the dispute to arbitration.
Term and Termination
Term and Termination are defined within the individual contracts between the Customer and Youtopia and the Customer and their Suppliers.
Termination of these terms does not affect the accrued rights or liabilities of any party, which continue in full force and effect.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and the Sites. Any waiver of any provision
of the Terms of Service will be effective only if in writing and signed by a Director of Youtopia Technologies Limited.