Digital Iwi Books
1.0 INTRODUCTION
1.1 Nau mai, haere mai. Kua tae koe ki te pae tukutuku pai rawa ake! Welcome, please enter.
1.2 You have arrived at the best website possible to meet Your needs and solve some of Your problems when it comes to the World of the Māori people of Aotearoa!
1.3 We Welcome You to Our Website. We hope that it will serve your needs.
1.4 Please read the terms and conditions stated below so that We can have a mutually satisfactory, mutually beneficial, and enduring relationship with You.
2.0 GENERAL CONDITIONS & TERMINATION
2.1 These Terms set forth the Terms and Conditions under which You may use Our Website and services as offered by Us;
2.2 We reserve the right to terminate Your contract or disable Your subscription and other accounts with Us should there be a violation of any of Our terms, guidelines, and conditions;
2.3 By using Our website and its services you agree to all of the following terms and conditions.
3.0 COPYRIGHT & INTELLECTUAL PROPERTY
3.1 You understand that copyright law applies to Our website and Our physical products and our electronic products;
3.2 You agree that You will not copy any of the content in part or whole thereof of Our Website without contacting Us to ask for express permission;
3.3 You agree to abide by the law of copyright in New Zealand;
3.4 You agree that We may hold trademarks and ownership of certain intellectual elements of Our Website and over intellectual elements in the products that We sell and publish;
3.5 You agree to contact Us in writing should you desire to use any of Our Website content for any purpose whatsoever;
3.6 You agree to abide by copyright law regarding any electronic products and/or physical products.
4.0 PRODUCTS, SERVICES & THEFT
4.1 Our products are either physical as in books and posters or electronic as in eBooks, ePosters, eBooklets, eMonographs, and so on;
4.2 You understand that We cannot be held responsible for any discrepancies in size, shape, or colours with the products You receive from us due to the way Your computer or electronic device may display Our products;
4.3 If for some reason We cannot source the physical products we reserve the right to cancel your order;
4.4 You understand that if You forward Our electronic books and other electronic products to Others without Our express permission You are seriously undermining Our business model and the sustainability of Our business and that should You or Others do this We may have to shut down Our business and We will lose Our source of employment and livelihood and You will lose a source of products that may help You in Your work and employment;
4.5 You understand that the matter of forwarding and/or duplicating Our electronic books and resources for distribution to Others without Our express permission constitutes the criminal offense of theft and where We uncover such activity We will take the necessary legal action against such persons so engaged;
4.6 We ask that You respect the mana and mauri of Our website and products at all times and that You recognise that by engaging in any illegal activity regarding Our website and products You diminish Our mana and Our mauri to the point where We will not be able to exist to help You and Others in Your work and general life as a Kiwi;
4.7 You agree to not copy or duplicate in any way any of Our copyrighted products and intellectual property without Our express permission in writing.
5.0 TRANSACTIONS
5.1 You understand that We are a business involved in conducting business transactions with You;
5.2 You understand that Our Website offers Visitors, that is, You: information, materials, taonga, resources, products, and services in either physical or electronic form, in exchange for financial consideration;
5.3 You understand that we are legally contracting with you should you decide to purchase any of our offerings;
5.4 You also understand that from time to time we may send you electronic information, materials, resources, products, and services for free if You subscribe to Our Website.
6.0 DEFINITIONS
6.1 In this agreement, the following words shall have the following meaning, unless the context requires otherwise:
“Website” means our website, https://www.digitaliwi.com is referred to as, “The Website”, “Our Website”, “Website”, “The Site” or “Site”;
“Our Business” means the normal business operations of Tophouse Publishing Ltd and/or Digital Iwi;
“Terms and Conditions” set out the rights and responsibilities between You and Us regarding Your use of Our Website;
“Terms” means the Terms and Conditions in this document;
“Content” means electronic information and/or data and/or images in any form published on Our Website by Us or any third party who has Our permission;
“Post” means to place any electronic content or electronic material of any sort by any means in or on Our Website;
“Product” means anything electronic or physical that We offer for sale on Our Website;
“Materials” means anything electronic or physical of use to You or any other Person available through our Site;
"Offerings" means information, materials, resources, products, and services in electronic or physical form that are of value;
“Resources” means anything electronic that You can download from Our Website or anything that is physical that You can physically receive from Us;
“Service” or “Services” means non-physical products that we offer for sale on Our Website that may be electronic or person to person;
"Consideration" means something of value, it may be financial or in-kind;
“Copyright” means in reference to the Copyright Act 1994 along with its various amendments;
“Author” means the person who is the original writer of the book and/or other resources;
"Illustrator" means the person who is the original artist for pictures in the book and/or other resources;
“User” means a “Person” or “Visitor” who accesses Our Website to browse and/or read information, peruse images, download resources, and/or purchase products;
User is also referred to as “You” or “Your/s”;
“Us”, “We” and “Our/s” means Tophouse Publishing Ltd and its imprint Digital Iwi
“Third Party” is someone or some entity other than “You” or “Us”;
"Others" are third parties.
“Agreement” is a recognised arrangement of Terms and Conditions as stated in these Terms between You and/or Your Agent and Us;
A “Subscriber” is a person who signs up for our mailing list and/or paid subscription service;
“Relationship” means legal agreements between You and Us such as when you purchase our materials, resources, products, or services whether electronic or physical as well as the connection you establish with us through these Terms that you agree to;
"Pre-orders" are where You place an order with Us through Our Website whereby the product shall be delivered at a time in the near future. Usually, for physical books and other products, this can be up to three months from the date of Your order through Our Website;
"Release" is where the product is ready to be prepared for shipping and/handing over;
"Release date" is the date when a product is available for Us to prepare for despatch;
"Publishing date" is the date that the product is officially available;
"Delivery date" is an estimate of the date when the product will be handed over to You;
"Orders" are for products that are available now and can be delivered to You according to the normal business time for processing, packaging, and shipping to You;
"Orders for services" are for items such as workshops, classes, tutorials, conferences, advisory services which will take place at a stated date in the future;
"Manual payment" is a payment made by You to Us through an online bank to online bank transaction;
"Remittance notice" is a notice by You to Us that indicates to Us that you have paid for products supplied;
"Invoice" is a request for payment for products supplied;
"Receipt" is an acknowledgment by Us that You have made a payment to Us;
"Taonga" are treasures of things of value;
"Mana" means prestige, reputation, standing in the community;
"Mauri" means life force, life existence, well-being, life sustainability, the essence of life as an entity and as a legal entity.
7.0 AGREEMENT TO BE BOUND BY THESE TERMS
7.1 By accessing and/or using and/or browsing the Website of our service: You approve that you have read, understood, and are therefore familiar with these Terms; and
7.2 You agree to be bound by these Terms; and
7.3 You accept that these Terms and Conditions constitute a binding Agreement between You and Us;
7.4 If You do not agree to these Terms, please do not use Our Site.
8.0 RIGHT TO CHANGE TERMS
8.1 We reserve the right to change Our terms and conditions at any time;
8.2 We assume that You are up to date with Our latest Terms as published on Our Website;
8.3 These latest Terms apply from August 2021 forward.
9.0 INTERPRETATION
In this agreement, unless the context requires otherwise:
9.1 Any reference to a “Person” means a human entity, a company entity, a board of trustees entity, and any other organisation which is recognised as a unit;
9.2 Any reference to a statute or regulation includes any subsequent amendments of the same intent as the statute or regulation;
9.3 Any applicable statute to Our Website and/or Our Business that is interacted with by another statute shall be the one which is of the greater benefit to Us;
9.4 These Terms prevail over any terms proposed by You;
9.5 These Terms are written in the English language, thus it is the meaning in English that shall prevail should these Terms be translated into any other language.
10.0 USERS
In this agreement:
10.1 In order to use Our website and/or receive Our services, You must be at least 18 years of age, or of the legal age of majority in Your jurisdiction, and possess the legal authority, right, and freedom to enter into these Terms as a binding agreement;
10.2 You are not allowed to use this website and/or receive products, materials, resources, or services if doing so is prohibited in Your country or under any law or regulation applicable to You;
10.3 As a User, You may not do anything on the Site that is derogatory, harmful, or unlawful;
10.4 As a User, You may not place on Our Site any unauthorised commercial messages and/or public messages;
10.5 We are not responsible for the content or accuracy of any information posted, uploaded, or transmitted by Users of Our Site;
10.6 You agree that We may at any time and without notice moderate, remove, edit, move, or close, in whole or part any posts by You in places on Our Site where We allow comments or posts to be made providing that You have the legal right to post such material, to begin with (see also 9.0 b) below);
10.7 We may choose to use, in whole or part, and how and where we decide, positive and helpful comments posted on our Site by You if they are appropriate for the promotion of Our Site, products, services, materials, and resources;
10.8 We will take action against You if you in any way do or say anything that will harm or affect negatively the good reputation, mana, mauri, and existence of and/or standing of Tophouse Publishing and/or Digital Iwi;
10.9 You agree to comply with all laws set out in various statutes regarding electronic communications, online activity, and consumer behavior in general;
10.10 You agree to contact Us privately for resolution of any issues if there is anything that You are not happy with regarding your Relationship with Us and You will not share any such information with Others or anyone else or the general public without Our express permission in writing;
10.11 You agree to notify Us in writing of any errors, mistakes, and/or issues that You notice either on Our Website or in Our materials, resources, products, taonga, or services.
11.0 INDEMNIFICATION
11.1 You agree to indemnify Us against any claim or demand, including lawyers’ or other fees incurred by any third party due to or arising from Your use of Our Website, or any infringement by You, or by Others or any other person using Your computer or device, of any intellectual property or other rights of any person.
12.0 ELECTRONIC MISUSE
We will not accept any responsibility:
12.1 For any harm that may occur to Your computer or device or electronic files You have stored on an electronic cloud facility as a result of Your use of our Website or the receiving of email communication from us to You;
12.2 For any harm caused by the actions of Others or third parties that may result from Our electronic communications with You.
13.0 INTELLECTUAL PROPERTY
In this agreement:
13.1 The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, favicons, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Intellectual Property Rights related thereto, are the exclusive property of Tophouse Publishing Ltd and Digital Iwi.
13.2 Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and You agree not to sell, license, rent, modify, distribute, copy, duplicate, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof;
13.3 You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, and literary works) through any means to the website, You confirm that You own all the relevant rights or received the appropriate license to upload/transfer/send the content;
13.4 You agree and consent that the uploaded/transferred content may be publicly displayed on the website;
13.5 The Copyright Act 1994 applies to Our Website as well as information, images, materials, resources, taonga, products, services, and other items that are to be found therein.
14.0 SUBSCRIBING
In this agreement you understand that:
14.1 You may subscribe to Our mailing list;
14.2 As a subscriber to Our mailing list, You CONSENT to receive from time to time promotional messages and materials from Us, by mail, email, or any other contact form;
14.3 You may provide us with (including your phone number for calls or text messages) with Your contact details;
14.4 If You don't want to receive such promotional materials or notices – please notify Us with an email to support@digitaliwi.com at any time in which case We will remove You from Our mailing list;
14.5 We may permanently or temporarily terminate or suspend Your access to the paid subscription service without notice and liability for any reason, including if in our sole determination You violate any provision of these Terms or any applicable law or regulations;
14.6 You may discontinue use and request Us to cancel Your paid subscription account at any time;
14.7 Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such paid subscriptions will be discontinued only upon the expiration of the respective period for which You have already made payment;
14.8 You may discontinue use and request Us to cancel Your inclusion on Our mailing list at any time.
15.0 LIMITATION OF LIABILITY
In this agreement:
15.1 To the maximum extent permitted by applicable law, in no event shall Tophouse Publishing Ltd, Digital Iwi, and/or its authorised officers be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, any of its website, information, and/or materials, and/or resources, and/or products, and/or services;
15.2 To the maximum extent permitted by applicable law, Tophouse Publishing Ltd, Digital Iwi and/or its authorised officers assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from Your access to or use of Our website, information, and/or materials, and/or resources, and/or products, and/or services and/or taonga; and
15.3 To the maximum extent permitted by applicable law, Tophouse Publishing Ltd, Digital Iwi, and/or its authorised officers assume no liability or responsibility for any unauthorized access to or use of Our platform provider’s secure servers and/or any and all personal information stored therein;
15.4 To the maximum extent permitted by applicable law, Tophouse Publishing Ltd, Digital Iwi and/or its authorised officers assume no liability or responsibility for any unauthorized access to or use of Our platform provider’s email servers provided by any third party and/or any and all personal information stored therein;
15.5 You are aware that Our Website and services are made available on an "as is" and "as available" basis;
15.6 Your decision to access and use Our Website is taken at your own risk.
16.0 LEGAL JURISDICTION
16.1 These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Website services and its information, materials, resources, products, and services, shall be governed by, construed under, and enforced in all respects solely and exclusively in accordance with the internal substantive laws of New Zealand without respect to its conflict of laws and principles. Any and all such claims and disputes shall be brought in, and You hereby consent to them being decided exclusively by a court of competent jurisdiction located in Auckland City, New Zealand;
16.2 The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded;
16.3 If You have a dispute with Us please note that in the first instance We will subject all disputes through an arbitration process rather than going through a court process.
17.0 LINKS
17.1 In these terms we are aware that links can provide benefits in various ways to Our Website, thus:
17.2 We encourage You to provide links on Your website or social media sites to Our website provided that these links are on sites that are appropriate for educational purposes and are not derogatory social media sites and/or websites in any way;
17.3 Do not place links to Us on any sites which are harmful to Us or others in any way;
17.4 We also state that Tophouse Publishing Ltd, Digital Iwi, and/or its authorised officers are not responsible for any matters pertaining to the sites that You link Us to;
17.5 From time to time, We may provide a link to Other websites, this does not imply that We are endorsing all content on the third-party’s website and that We are not responsible for whatever happens when You choose to follow a link and leave Our website - You should consider the respective terms and privacy policies of these external websites that You land on.
18.0 SEVERABILITY
18.1 If any of these terms or part thereof is held to be invalid, void, unenforceable, or illegal by any court for any reason, then it must be severed and the remainder of these Terms will otherwise be deemed to remain in force.
19.0 CUSTOMER SUPPORT
19.1 Should You have any questions or queries regarding these terms and conditions please contact Us at support@digitaliwi.com as soon as possible.
20.0 PRE-ORDERS
20.1 In these terms: You should note that from time to time We offer pre-orders;
20.2 Pre-orders are offers where You pay Us in advance before physical books are available;
20.3 Paying in advance will assure You that You will be on the list to be in the first group of customers to receive such books when they are released;
20.4 We will indicate the release date on Our Website;
20.5 The length of the list is determined by the stock ordered from Our supplier;
20.6 Once the number of pre-orders reaches the stock number that We have ordered from Our supplier the list is closed off;
20.7 We will inform You if Your pre-order is successful or not, that is, You are on the list or You are not on the list;
20.8 When You make a pre-order and the books are released We will notify You that they are on the way to the delivery address that You have provided;
20.9 If You have made a manual payment, also known as an EFT payment for a pre-order We will not put You on the list until We have received a remittance note from Your accounts department to indicate that an online transfer into Our account has occurred;
20.10 Pre-orders are to be made through Our eCommerce online store using the manual option;
20.11 Any queries regarding pre-orders should be made by emailing Us at sales@digitaliwi.com.
21.0 CAVEAT EMPTOR
21.1 Digital Iwi takes great care to ensure that all information displayed on Our Website is accurate.
21.2 From time to time, however, there may be unwanted errors and so We cannot guarantee the accuracy of all information on Our Site at any time.
21.3 We encourage you to please inform us at support@digitaliwi.com if You wish to bring something to Our attention relate to OurSite.
21.4 We re-iterate that We reserve the right to change the information displayed on Our Website at any time without notice to You.
21.5 Whilst We value Your support and custom, we ask you to consider your purchase decisions carefully so that you do not make a mistake. We cannot be responsible for buyers' regret or a change of mind, we are dependent on you making good decisions. Making bad decisions can result in unnecessary costs, something which We wish to avoid and We are sure You wish to avoid also.
22.0 USER-GENERATED CONTENT
22.1 We re-iterate that We reserve the right to take down any user-generated content that is not satisfactory to the standards of decency in a tolerant, harmonious and pluralistic society. This includes offensive, racist, conspiratorial, untruthful, harmful, derogatory, libelous content, and so on;
22.2 We expressly ask You as a user not to post anything that contains obscene language or any material that could be considered harmful or violent or infringes on someone else’s copyright;
22.3 We reserve the right to suspend or delete Your account should You infringe this clause or any other clause in these Terms and Conditions;
22.4 We also, reserve the right to use good submitted content from You for marketing purposes.
23.0 DIGITAL PRODUCTS
23.1 You will not be receiving a physical product in the mail, instead, it is up to You to download the item that You have purchased using the link provided.
24.0 SHIPPING & RETURNS
24.1 If a physical book is damaged in some way please contact us at support@digitaliwi.com and include a photograph of the damage;
24.2 We only replace products if the damage has been caused by us;
24.3 We do not offer refunds since we assume you have done your due diligence and made a careful decision before you purchase our products;
24.3 You must contact us within 5 normal business days if you think We have caused damage to shipped products;
24.4 If damage has been caused by the shipper please contact them;
24.5 Electronic products are delivered to you via Our Website, it is over to You to follow the correct steps to download them to your electronic device once you have paid for them;
24.6 We do not give refunds for electronic books (eBooks).
25.0 PAYMENT
25.1 We accept payment online by two methods;
25.2 One method is via the third-party payment provider called Stripe, which accepts all major credit cards and debit cards, this is called an on-site payment;
25.3 The other method is using electronic funds transfer (EFT), sometimes known as online banking, this is called an offsite payment;
25.4 If either the onsite or offsite payment method fails We will consider Your order to NOT have been placed.
26.0 CONSENT
26.1 You are referred to clause 14 regarding consent;
26.2 By subscribing to Our mailing list You give CONSENT for Us to send you promotional and advertising materials from time to time about products that We wish to sell;
26.3 We will not send promotional and advertising materials to You if You request to UNSUBSCRIBE from Our mailing list by sending Us an email to support@digitaliwi.com. We will send You a reply email to acknowledge Your request and we will remove You from our list;
26.4 If at any time You wish to give Us consent again please sign up for Our mailing list on Our website.
27.0 CONTACT
27.1 If You have any queries regarding Our Terms and Conditions please contact Us at support@digitaliwi.com.
27.2 If You wish to UNSUBSCRIBE from Our mailing list please contact Us at support@digitaliwi.com. Please write UNSUBSCRIBE in the subject line.