Terms and Conditions

Maioha Studio is in charge of operating this website. The pronouns "we," "us," and "our" refer to Maioha Studio throughout the website. You, as the user, are provided by Maioha Studio with access to this website and all information, tools, and services available from this site, subject to your compliance with any and all of the terms, conditions, policies, and notices indicated here.

You agree to the following terms and conditions ("Terms of Service", "Terms"), including such other terms and conditions and policies that are linked herein and/or accessible by hyperlink, by visiting our site and/or making a purchase from us, which together constitute our "Service". All users of the site, including without limitation browsers, vendors, customers, merchants, and/or content producers, are subject to these Terms of Service. 

Before using or visiting our website, please take the time to thoroughly read these Terms of Service. You agree to be bound by these Terms of Service by accessing or using any element of the website. You are not permitted to use any services or visit the website if you do not agree to all of the terms and conditions of this agreement. Acceptance is conditionally set forth in these Terms of Service, if these Terms of Service are an offer.

The Terms of Service also apply to any new features or tools that are introduced to the current store. On this page, you can always review the most recent version of the terms of service. By publishing updates and/or changes to our website, we retain the right to amend, modify, or replace any element of these Terms of Service. It is your obligation to periodically check this page for updates. Following the publishing of any modifications, your continued use or access to the website implies acceptance of those changes.

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

 

SECTION 1 - TERMS OF THE ONLINE STORE

You warrant 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 granted us permission to let any of your minor dependents to use this site, by agreeing to these Terms of Service. 

You may not use our products for any unlawful or unauthorised purposes, and you may not break any local laws (including, but not limited to, copyright laws) while using the Service.

You must not distribute any worms, viruses, or other disruptive code.

 

GENERAL CONDITIONS SECTION 2

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

You are aware that your content (except credit card data) may be transmitted over a variety of networks and subject to (a) transmission over those networks; and (b) changes to meet and adapt to the technical requirements of those networks or devices. Whenever credit card data is transferred over networks, it is always encrypted.

You agree that you will not, without our prior written consent, reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, access to the Service or any contact on the website through which the service is given.

The headers used in this agreement are solely there for your convenience and have no legal significance.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

Inaccurate, incomplete, or out-of-date information on this website is not our responsibility. The content on this website is provided for informational purposes only and should not be relied upon or used as the only basis for choices without consulting primary, more reliable, complete, or up-to-date sources of data. Your use of the information on this website is at your own risk.

There may be historical data on this website. Information that is historical is unavoidably out of date and is only offered for your reference. Although we reserve the right to change the information on this site at any time, we are under no obligation to do so.

You agree that it is your responsibility to monitor changes to our site.

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Without prior notice, our product prices can vary.

We retain the right to change or discontinue the Service (or any feature or content thereof) at any time and without prior notice.

Any time the Service is altered, its pricing is changed, it is suspended, or it is discontinued, we won't be responsible to you or any third parties.

 

SECTION 5 - PRODUCTS OR SERVICES

Some goods or services might only be accessible online via the website. These goods or services might be in short supply and can only be returned or exchanged in accordance with our return policy.

Every effort has been made to ensure that the colours and photographs of our products displayed in the store are as accurate as possible. We cannot guarantee that any colour you see on your computer screen is accurately represented.

We reserve the right, but are under no obligation, to restrict who is eligible to purchase our products or use our Services. On a case-by-case basis, we may use this right. We have the right to set a cap on the number of any goods or services we provide. 

All product descriptions and prices are subject to change at any time and without prior notice, at our sole discretion. Anytime, we reserve the right to discontinue any product. Any offer for any product or service made on this site is void where prohibited.

In addition, we do not guarantee that any faults in the Service will be fixed or that the quality of any goods, services, information, or other materials you buy or get will match your expectations.

 

SECTION 6 - 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. Orders that appear to have been placed by dealers, resellers, or distributors, in our sole discretion, may be restricted or prohibited. 

For any purchases made at our store, you agree to provide current, complete, and accurate account and transaction information. In order for us to complete your transactions and get in touch with you as necessary, you agree to immediately update your account and other information, including your email address, credit card numbers, and expiration dates.

Please examine our Returns Policy for more information.

SECTION 7 - OPTIONAL TOOLS

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.

You must understand and agree to the conditions under which any optional tools given by the appropriate third-party provider(s) are provided before using any optional tools made available through the site at your own risk and discretion.

In the future, we might also launch new tools and materials as well as provide new services and/or features on the website. These Terms of Service will also apply to such new features and/or services.

 

SECTION 8 - THIRD-PARTY LINKS

Content from third parties may be included in some content, goods, and services made available through our site.

You may be taken to third-party websites through links on our website that are not connected to us. We disclaim all liability and responsibility for any errors or omissions in the content or accuracy of any third-party materials or websites, as well as for any other third-party materials, goods, or services.

Any loss or damages resulting from the acquisition or use of products, services, resources, content, or any other transactions made in conjunction with any third-party websites are not our responsibility. Before you enter into any transaction, please carefully research the third party's rules and practises to ensure that you are familiar with them.

Any issues, claims, worries, or enquiries regarding items from third parties should be addressed to the third party.

 

 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

You agree that if you send us unsolicited creative ideas, suggestions, plans, or other materials (collectively, "comments"), whether online, by email, by postal mail, or otherwise, whether at our request (for example contest entries), or without our request, we may use, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forwards to us. We are not and never will be obligated to (1) keep any comments private; (2) compensate for any remarks; or (3) reply to any comments.

We may monitor, edit, or remove content that, in our sole judgement, is offensive, threatening, defamatory, libellous, pornographic, obscene, or otherwise objectionable, or that infringes any party's intellectual property or these Terms of Service, but we are not required to do so.

You acknowledge that you will not post anything that infringes on anybody else's copyright, trademark, privacy, or other proprietary or personal rights. You further agree that your comments won't contain any defamatory, illegal, threatening, or otherwise objectionable content, as well as any malware that could in any way impair the functionality of the Service or any website connected to it.

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 10 - PERSONAL INFORMATION

Our Privacy Policy applies to any personal information you submit through the store.

 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

On rare occasions, material on our website or in the Service may have typographical or other errors, inaccuracies, or omissions that may pertain to product descriptions, costs, special offers, promotions, transit times, and availability. We reserve the right to change or update information or cancel purchases if any information in the Service or on any affiliated website is erroneous at any time (even after you have completed your order). We also reserve the right to remedy any mistakes, inaccuracies, or omissions.

Except as required by law, we make no obligation to update, modify, or clarify any information in the Service or on any associated website, including without limitation pricing information.

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 12 - PROHIBITED USES 

You are prohibited from using the website or its content in addition to other restrictions outlined in the Terms of Service: Infringing upon or violating our intellectual property rights or the intellectual property rights of others includes: (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 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Your use of our service will not be uninterrupted, timely, secure, or error-free, and we do not promise, represent, or guarantee that it will be.

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 Maioha Studio 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 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Maioha Studio 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 15 - 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 16 - 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 17 - 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 18 - 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 74 Woodfern Crescent, Titirangi, 0604.

  

SECTION 19 - 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 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at kiaora@maioha.nz.