website terms of use


Website Terms of Use


Welcome to Phoric.  Phoric Limited (we, us, our or Phoric) produces an energy drink ‘Phoric’ and from time to time may produce other consumer goods which are available through our website [www.phoric.co.nz] (Website).  When you visit our Website, you irrevocably agree to these Terms.  If you do not agree to any of the Terms, you must stop using the Website.  You should also read our Privacy Policy found herebecause it applies to all the information you provide to us (both voluntarily and automatically), and forms part of these Terms.  You should be aware that we can change these Terms at any time by providing a notification on the Website. Your continued use of the Website after that notice means that you agree to the changed terms.

1. Our Services

     1.1 If you are a retail consumer purchasing our goods you can find our terms of supply here and if you are a commercial supplier purchasing our goods to on-sell you can find our terms of trade here - "if you are a commercial supplier purchasing our goods to on-sell you can contact us directly for a copy of our terms of trade".  You should take a moment to read through the terms relevant to you as by ordering our products you agree to be bound by them.

2. Your Obligations

     2.1 You must comply with these Terms and all applicable laws, regulations and rules when using this Website.

3. Intellectual Property Rights

     3.1 Phoric is the owner of all intellectual property in the goods advertised on this Website including any trademarks, logos and trade names associated with our products or the Phoric brand.  Those works are protected by trade mark, copyright and other intellectual property and trade practices laws and treaties around the world. All such rights are reserved.

     3.2 You must not reproduce, duplicate, copy, sell, assign, resell or exploit any portion of our goods or this Website or any intellectual property associated with the goods without Phoric’s express prior written permission.

4. Third Party Websites

     4.1 From time to time links to third party websites may appear on this Website.  These are to websites which are not under Phoric’s control and, accordingly, Phoric makes no endorsement of such websites content, goods or services.  When accessing such third party websites, you are encouraged to review those websites terms of use and privacy policies. Phoric will not be liable for any harm arising from you choosing to access a third party website.

5. Disclaimers and limitation of liability

     5.1 While Phoric uses reasonable efforts to make sure that all information on the Website is current and accurate, Phoric makes no warranty that information is up to date, accurate and correct.  Further, Phoric accepts no liability for any such erroneous information.

6. Disclaimers and limitation of liability

     6.1 Phoric may assign or transfer these Terms, at its sole discretion, without restriction. You may not assign or transfer your rights under these Terms without our prior written consent, which may be withheld in absolute discretion.

     6.2 These Terms will be governed by and construed in accordance with New Zealand law.  You agree to submit to the exclusive jurisdiction of the courts of New Zealand with respect to any claim or matter arising out of or in connection with these Terms or their termination.  

     6.3 No failure or delay by Phoric to exercise any right or remedy provided under these Terms or by law will constitute a waiver of that or any other right or remedy, nor will it prevent or restrict the further exercise of that or any other right or remedy.  No single or partial exercise of such right or remedy by Phoric will prevent or restrict the further exercise of that or any other right or remedy.

     6.4 If any provision or part-provision of these Terms is or becomes void, illegal or unenforceable, it will be deemed modified to the minimum extent necessary to make it valid, legal and enforceable.  If such modification is not possible, the relevant provision or part-provision will be severable and deemed to be deleted, and will not affect the validity, legality or enforceability of the remaining provisions.

     6.5 These terms were last updated on 7 May 2019.

 

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