TERMS + CONDITIONS

OVERVIEW

This website is operated by Two Creative Blackbirds. Throughout the site, the terms “we”, “us” and “our” refer to Two Creative Blackbirds. Two Creative Blackbirds offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

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

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, 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.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice, and in the case of products that are promoted as part of an affiliate link may differ from the price advertised on the purchasing website. We do our utmost to ensure our pricing is kept consistent with our affiliate partners however variations may occur. You will be required to pay the price that is stated on the affiliate website and Two Creative Blackbirds will not be liable for any variation.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

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

SECTION 5 – WEBSITE CONTENT AND DISCLAIMER

We provide the content on, or accessed through this site, for general information purposes only. It is your responsibility to make your own assessment of the suitability of the content for your own purposes. You are solely responsible for the actions you take in reliance on the content on, or accessed through, this site.

No content on or accessed through this site should be treated as constituting medical or professional advice and should not be relied on as such. We advise you to seek your own medical or professional advice relating to your own personal circumstances.

We may change the content described on this website at any time without prior notice.

SECTION 6 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 8 – PRICING

Pricing on the Two Creative Blackbirds website will be shown in your local currency (where possible) however you will be charged at checkout in NZ Dollars (NZD). Our pricing does not include any import taxes or duties that may be payable on the goods entry into your country. Two Creative Blackbirds is not liable for any customs or import duties or taxes that may arise. These costs are your responsibility.

New Zealand Customers ONLY – in accordance with the New Zealand Goods and Services Tax Act 1985 a 15% Goods and Services tax will be applied to your order at the cart and checkout level. Pricing on the product pages do not include New Zealand GST.

We reserve the right to amend our pricing on the website for any reason at any time and without notice.

SECTION 9 – PRODUCT ORDERS AND PAYMENT

All goods and services ordered by you directly from Two Creative Blackbirds must be paid for in full (without set-off or deduction of any kind) by authorizing us to charge your Credit Card or by payment through PayPal, Apple Pay or Google Pay. We accept all major credit cards. You warrant that you are authorized to use your Credit Card or payment account by the relevant Credit Card or finance company. We may contact you directly to confirm your Credit Card details and reserve the right to cancel any sales transaction if fraudulent use of a credit card or payment is suspected or discovered.

SECTION 10 – FREIGHT AND DELIVERY

Unless otherwise stated, most of the products offered on our website are digital products only and a physical product will not be sent to you. After payment for your order, you will receive a link both on the checkout page and via an email sent to your chosen email address. You will have access to your digital product via this link and will be free to download the product to your chosen device. Occasionally we may offer physical products for sale on our website. If applicable, we will deliver the goods ordered from Two Creative Blackbirds to the premises nominated in your order at your cost (at the rates specified on checkout) and within 15 days from the date we received and accepted your order. This is subject to stock availability. If we have specified a delivery date, we will try and deliver the products to you by that date. If we anticipate that you will not receive the goods within that time we will advise the reason for the delay and the likely date of delivery. We will not be liable for late delivery. Late delivery does not entitle you to cancel any order or part thereof.

We may deliver the products to you by installments and from different locations. Each delivery will be a separate contract independent from the other deliveries.

We will re-deliver, replace or refund the order (at our discretion) if we have incorrectly addressed the delivery. We take no such responsibility if you provided us with an incorrect or insufficient address.

All products purchased via an affiliate link will be shipped under the terms and conditions of the affiliate site.

SECTION 11 – TITLE AND RISK

We remain the owner of the goods we supply you, whether that be digital or physical, until you have paid in full all amounts that you owe to us for goods ordered. Property and risk in goods ordered by you from us will pass to you upon delivery of the goods to your specified delivery address.

SECTION 12 – RETURNS POLICY

Please refer to our Returns Policy

SECTION 13 – OPTIONAL 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 Service.

SECTION 14 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 15 – AFFILIATED SITES

A number of products and links featured on our site are classed as affiliate links in that Two Creative Blackbirds will earn an affiliate commission on any product (physical or digital) or service purchased via this link.

As soon as you click a link on our website and are taken to the affiliated site you will be bound by the terms and conditions and policies of that site. Any purchases made on the affiliated site will be made bound by the affiliated sites purchase agreement, terms and conditions and returns policies. Two Creative Blackbirds will not be held responsible for any sales or transactions made on the external site.

As much as possible we try to maintain up to date information such as pricing, shipping, product description and information. We are not liable for any discrepancy in pricing or product details and information provided about the product.

Two Creative Blackbirds is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.

Two Creative Blackbirds has no control over, and no liability for any third party websites or materials. We work with a number of partners and affiliates whose Internet sites may be linked with our Site. Because Two Creative Blackbirds has no control over the content and performance of these partner and affiliate sites, Two Creative Blackbirds makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Two Creative Blackbirds assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of twocreativeblackbirds.com, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Two Creative Blackbirds makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

SECTION 16 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 17 – COMPETITION TERMS AND CONDITIONS

By entering a Two Creative Blackbirds competition, entrants are deemed to have accepted the following terms and conditions:

Entry is open to anyone over the age of 18 unless otherwise stated.

Entries must be received within the timeframe specified. No late entries will be accepted.

The winner(s) will be determined at our sole discretion and will be notified within the timeframe stated either via email, telephone or via reply message if the competition is hosted on social media. If we are unable to reach the winner(s) within 7 days, we reserve the right to nominate a new winner.

You grant Two Creative Blackbirds permission to use your name(s) in winner announcement posts and/or notifications, as well as the unrestricted right to use any images submitted by you as part of the competition. You agree that Two Creative Blackbirds will not be liable in any way whatsoever, in relation to the use of your name, social media profile and/or any images submitted as part of the competition.

All prizes offered as part of a competition are not transferable and are not redeemable for cash. In the event that the prize specified in the competition becomes unavailable for any reason, we will substitute a prize of similar value.

Winners receive prizes entirely at their own risk.

Two Creative Blackbirds reserves the right to amend, vary, extend or discontinue a competition at any stage, for any reason.

SECTION 18 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 19 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 20 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 21 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

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 service 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.

In no case shall Two Creative Blackbirds, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 22 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Two Creative Blackbirds and our parent, 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 Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 23 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 24 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 25 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 26 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.

SECTION 27 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 28 – CONTACT INFORMATION

The owner of this website is Two Creative Blackbirds. Two Creative Blackbirds will appear on your statement for any orders and payments made directly from this site. Head Office is located at 1/10 Coronation Road, Epsom, Auckland, 1023, New Zealand. Contact Number: +6421707920.

Questions about the Terms of Service should be sent to us at hello@twocreativeblackbirds.