Design Navigator Website Terms and Conditions

Access to and use of this site

  1. For the purposes of these terms and conditions, "this website" shall mean www.designnavigator.co.nz.
     
  2. Any reference to "the website author", "Design Navigator", "I", "my", "me", "we", "our" or "us" in these terms and conditions shall mean Design Navigator Limited.
     
  3. These terms and conditions apply to the use of this website and in accessing or using or browsing this website and/or purchasing goods and/or services from this website, you agree to be bound by these terms and conditions. By using this site you agree to be legally bound by these terms, which shall take effect immediately on your first use of this site. If you do not agree to be legally bound by all the following terms please do not access and/or use this site.
     
  4. These terms may be changed by the author at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made. Your continued use of this site after changes are posted means you agree to be legally bound by these terms as updated and/or amended.

Use of this site

  1. You are permitted to use the content and calculation outputs of this site for your personal and commercial purposes. You may not copy, screenshot, reproduce, republish, download, post, broadcast, transmit, make available to the public or individuals, or otherwise this site's calculation results, graphs, reports or other output without explicit prior consent of the author, unless the report or other output has been legally purchased from this website.
     
  2. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise this site's algorithms and software implementation (PHP, javascript and any other software code) without the written prior consent by the author of this site. You also agree not to adapt, alter or create a derivative work from any of this site content. Any such use of this site requires the prior written permission of the author. This applies in particular, but is not limited to, the algorithms and their encoding in this site.
     
  3. You agree to use this site only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of this site. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within this site.

Disclaimers and Limitation of Liability

  1. The website content, including the software implementation, reports, information, names, images, pictures, logos and icons is provided "AS IS" and on an "IS AVAILABLE" basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
     
  2. Under no circumstances will the author or Design Navigator Ltd. be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of this site regardless of the form of action. Note that the local BCA has authority to accept or reject the output of this website and nothing on this website shall be interpeted as suggesting otherwise. It is the sole responsibility of the user of this website to satisfy themselves of the accuracy of the information and reports produced by the website. The author and Design Navigator Ltd. are under no circumstances liable for consequences of an kind arising from any erroneous information provided by this website.
     
  3. The author does not warrant that functions contained in this site content will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs.

Intellectual Property

  1. The names, images and logos identifying this site, the author or third parties and their products and services are subject to copyright, design rights and trade marks. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of the author or any other third party.

Contributions to this site

  1. Where you are invited to submit any contribution to this site (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant the author a perpetual, royalty-free, non-exclusive, sub-licenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution. If you do not want to grant the rights set out above, please do not submit your contribution to this site. This excludes floor plans and other design drawings uploaded onto this site for the purposes of conducting H1 compliance calculations. These drawings remain the property of the submitter and Design Navigator Ltd does not have rights to use them other than as required to perform the H1 compliance calculations.

Third parties services

  1. We may use third parties to provide certain services accessible through the website. Our website does not control these third parties or their services, and you agree that our company will not be liable in any way for your use of such services. These third parties may have their own terms of use and other policies. You agree to comply with such terms and policies. If any such terms or policies conflict with our terms, agreements or policies, you must comply with those of our website.

Policy for online purchase of goods and/or services

  1. If you intend to purchase goods and/or services through this website, you must confirm your acceptance of these website terms and conditions before we will process your order. You cannot purchase goods and/or services through this website unless you are capable of making legally binding contracts. In confirming your acceptance of the website terms and conditions, you also confirm that once your offer to purchase the goods and/or services is accepted by us, your order will constitute a binding contract between yourself and Design Navigator Ltd.

Ordering procedure for goods and/or services

  1. You may offer to purchase goods and/or services described on this website for the price specified on this website by completing the online order form. Your order must contain your name, email address and any other information requested. Once your order has been processed you will receive an automated response containing the goods and/or services ordered and a GST tax receipt or invoice for the purchased goods and/or services.
     
  2. The dispatch of the goods and/or services from Design Navigator will constitute our acceptance of your offer to purchase those particular goods and/or services. We provide no warranty as to the availability of goods and/or services advertised through this website.
     
  3. Any information on this website is up to date at the time it is posted on the website, but is subject to variation at any time without notice.

Payment for goods and/or services

  1. We accept credit card payment of orders placed through this website. You will be liable for all orders placed using your credit card details and agree to indemnify Design Navigator Ltd against any losses, claims or damages arising from the use or misuse of your credit card details by any other person.
     
  2. If placing orders against an invoice you agree that you will pay the full price within the terms outlined on the invoice which is in general within 14 calendar days of receiving the invoice. Payment can be made via direct credit or cheque. You agree to state the invoice number on your direct credit payment or remittance slip. Failure to do so may lead to repeated payment requests and/or efforts by us to receive payment. You may be charged additional administration fees related to our efforts caused by the lack of the invoice number.
     
  3. Prices are inclusive of goods and services tax, duties and other charges imposed or levied in New Zealand in connection with the supply of goods and/or services. Prices are exclusive of any taxes, duties or other charges imposed or levied overseas in connection with the supply of goods outside of New Zealand. Prices are also exclusive of postage and packaging charges. Ownership and title in the goods and/or services does not pass to you until we have received payment in full. We reserve our right to increase or decrease our prices without prior notice at any time.

Electronic goods

  1. Where goods are supplied as Acrobat PDF or other electronic files, these cannot be on-sold or traded by you without prior written permission from Design Navigator Ltd.

Information disclosure

  1. You may not disclose any order information including, but not limited to, Order ID, download link, etc. Our company reserves the right to change or modify these terms with no prior notice.

Security of information

  1. While Design Navigator strives to protect submitted information, Design Navigator does not warrant and cannot ensure the security of any information which is transmitted to us and/or stored on our systems. Accordingly, any information which you transmit to us is transmitted at your own risk.

Our refund policy

  1. Since our website is offering non-tangible, irrevocable goods we do not issue refunds after the product is shipped, which you acknowledge prior to purchasing any product at our site. We only make exceptions with this rule when the product appears to be not-as-described on a case by case basis at our sole discretion. The deadline for any refund claim is one week after the delivery date. The refund is issued to you after we receive a Waiver of Copyright signed by you. This is a required condition. Please contact designnavigator@gmail.com to request a refund.
  2. Should the ordered product fail to be delivered to you due to e-mail, network or other technical issues we will endavour to deliver the product to you via other means. Design Navigator, at its sole discretion, reserves the right not to provide the product and refund the purchase price instead.

Antifraud check

  1. Customer purchase can be suspended for manual antifraud check for 10-20 minutes as well as it can be suspended for a longer term for more serious investigations. Antifraud check occurs because of growing number of fraud transactions from persons who are not actual cardholders of the credit cards used during purchase.

Termination of access

  1. We may terminate access to this website at any time without notice. Our terms and conditions will nevertheless survive such termination. Design Navigator does not warrant that you will have continued access to this website, and will not be responsible or liable for any loss, claims, costs, expenses, or damage, directly or indirectly incurred or resulting from or related to your inability to use or access this website, whether access is restricted intermittendly or permanently. In particular Design Navigator endavours to store and preserve project information submitted and/or generated by you, however, Design Navigator does not warrant that these data will be available to you in the future and is under no circumstances liable for any consequences from any data loss.
  2. Design Navigator may terminate access for individual users at its own discretion at any time without notice. Design Navigator is under no obligation to return or delete any information or data provided by the user during the use of this website.

Complaints

  1. If you have a complaint about the content of this website, please contact designnavigator@gmail.com.

Governing law

  1. This website and content has been developed in accordance with the laws of New Zealand. These terms and conditions, and any matters or disputes connected with this website or the online purchase of goods and/or services shall be governed by the law of New Zealand and the New Zealand courts shall have exclusive jurisdiction to hear and determine all claims in connection with this website and its use.

General

  1. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.