ALL USERS- PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE

Terms and Conditions

 

All users of www.allstarcheerleaders.co.nz agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, do not use this site.

 

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted under New Zealand law and is the property of All Star Cheerleaders Ltd. This includes content licensed to All Star Cheerleaders Ltd, its franchisees and satellite gyms. Permission is granted to display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with All Star Cheerleaders Ltd or to purchase All Star Cheerleaders Ltd products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by All Star Cheerleaders Ltd. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

 

Trademarks

All trademarks, service marks and trade names of All Star Cheerleaders Ltd, its franchisees or satellite gyms used in the site are trademarks or registered trademarks of All Star Cheerleaders Ltd.

 

Warranty Disclaimer

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, All Star Cheerleaders Ltd disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. All Star Cheerleaders Ltd does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. All Star Cheerleaders Ltd does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

 

Limitation of Liability

All Star Cheerleaders Ltd is not liable for any special or consequential damages resulting from the use of, or the inability to use, the materials on this site or the performance of the products. This includes, but is not limited to, the situation where All Star Cheerleaders Ltd, any of its franchisees and/or satellite gyms have been advised of the possibility of such damages.

 

Typographical Errors

In the event that an All Star Cheerleaders Ltd product or service is mistakenly listed at an incorrect price, All Star Cheerleaders Ltd reserves the right to refuse or cancel any orders placed for product or service listed at the incorrect price. All Star Cheerleaders Ltd reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and any payment made. Should payment have already been made and your order is cancelled, All Star Cheerleaders Ltd will credit to your nominated account with the amount of the incorrect price.

 

 

Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated, changed or altered by All Star Cheerleaders Ltd, its franchisees or satellite gyms without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

 

Notice

All Star Cheerleaders Ltd, its franchisees or satellite gyms can deliver notice to you by means of e-mail or any other method of its choosing to the address you have provided to All Star Cheerleaders Ltd.

 

Miscellaneous

Your use of this site shall be governed in all respects by the laws of New Zealand. You agree that there will be no regard to choice of law provisions, and that your use of this site is not governed by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of All Star Cheerleaders Ltd products or services) shall be in the courts of Auckland, New Zealand. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of All Star Cheerleaders Ltd products or services) must be commenced within one (1) year after the claim or cause of action arises. The failure of All Star Cheerleaders Ltd to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. All Star Cheerleaders Ltd may assign its rights and duties under this Agreement to any party at any time without notice to you.

 

Use of Site

Harassment in any manner or form on the site, including via e-mail, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an employee, host, franchisee, student or representative of All Star Cheerleaders Ltd, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. Any purchase of products and services of All Star Cheerleaders Ltd through the site shall be made in good faith.

 

Participation Disclaimer

All Star Cheerleaders Ltd does not and cannot review all communications and materials posted to or created by its users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, All Star Cheerleaders Ltd is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, All Star Cheerleaders Ltd reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to All Star Cheerleaders Ltd, its franchisees or satellite gyms in its sole discretion.

 

 

Indemnification

You agree to indemnify, defend, and hold harmless All Star Cheerleaders Ltd, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including any legal fees, resulting from any violation of these terms and conditions or any activity related to your use of the site (including negligent or wrongful conduct) or the use if the site by any other person using your Internet account.

 

Third-Party Links

In an attempt to provide increased value to our visitors, www.allstarcheerleaders.co.nz may link to sites operated by third parties. Even if the third party is affiliated with All Star Cheerleaders Ltd, its franchisees or satellite gyms, All Star Cheerleaders Ltd has no control over these linked sites, all of which have separate privacy and data collection practices and policies independent of All Star Cheerleaders Ltd. Linked sites are strictly for your convenience any access to them is at your own risk whether they are accessed intentionally or otherwise.