Terms & Conditions

1.1 These Terms and Conditions (Terms) apply to the Science Alive Website. In these Terms, the words “Science Alive”, “we”, “us” “our” means Science Alive Charitable Trust trading as Science Alive, and the words “you” and “your” mean the person using the Website. Further capitalised terms used in these Terms are defined at clause of these Terms.

1.2 By accessing and using the Website, and/or placing an order for any Products, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Website or place an order for any Products. These Terms supersede and exclude all prior or subsequent discussions, representations, terms and/or conditions, all written or oral agreements.

1.3 If you have any questions relating to these Terms, the Website, or ordering the Products, you may contact us at info@sciencealive.co.nz.

2.1 To place an order for Products on the Website, you:

    a) must select the Products and quantities you wish to purchase;

    b) provide us with all information requested at the time of purchase, including delivery address and other relevant details (including any details needed for any subscription-based products, if applicable); and

    c) make payment for the Products in accordance with these Terms;

    d) submit your order at the Website checkout.

2.2 When you place an order with us, you are making an offer to buy goods or services. We reserve the right to limit the number of items that you may purchase in a single transaction. If we accept your order, we will send you an email to confirm that we have received and accepted your order for the specified Products.

3.1 There may be variations between the details and descriptions of Products on the Website and the Products themselves. You must make your own assessment of the suitability and appropriateness of the Website Content, including all details and descriptions of Products.

3.2 All Products are subject to availability. In the event Products are unavailable, they will be cancelled from your order and you will receive a refund.

4.1 Unless otherwise stated, prices for Products are:

    a) stated in New Zealand currency;

    b) inclusive of GST in New Zealand, but exclusive of all other duties, taxes or charges; and

    c) exclusive of freight and insurance. You are responsible for all freight and insurance charges. Delivery costs are calculated and added to your order at checkout.

4.2 You must make payment through our third party payment service provider (such as Stripe) at the time you place your order. If your payment by one payment method fails, we may to take payment from any alternative payment method. We may terminate any order for Products if your payment fails for any reason and you have not paid unpaid amounts within five days of us notifying you.

4.3 All sales are final. We are not required to provide exchanges or refunds on Products if you change your mind.

5.1 We will arrange for delivery after we have received payment in full.

5.2 Delivery within New Zealand is available where stated and at the rates specified at checkout. No international orders will be accepted.

6.1 Risk in a Product passes to you on the earlier of delivery or payment of the full purchase price for the corresponding Product.

6.2 Title in a Product passes to you on the later of delivery or payment of the full purchase price for that Product.

7.1 Science Alive and licensors (own all Intellectual Property Rights in, and relating to, the Website.  Nothing in these Terms transfers any such Intellectual Property Rights.

7.2 You may access and use the Website strictly in accordance with these Terms.

7.3 You must not:

    a) assert any ownership or rights in respect of any such Intellectual Property Rights;

    b) reverse assemble, reverse engineer, modify, alter, adapt, disassemble, decompile or amend the Website, or any such Intellectual Property Rights, or any of the underlying materials in any way whether directly or indirectly (by allowing anyone else to do so);

    c) incorporate the Products in another product without our prior written permission; or

    d) exploit, sell or generate profit from the Website or any Product, or any such Intellectual Property Rights; or

    e) permit any use of Science Alive’s name or any misuse of the Website that could in our opinion discredit our name or reputation.

7.4 You will do all acts and execute all documents required to give effect to this clause 7.

8.1 Although we endeavour to ensure that the Website Content (including the details and descriptions of Products on the Shop) is current, accurate and complete, to the extent permitted by law, we do not warrant or guarantee that such content will be current, accurate or complete when you access it.

8.2 Science Alive will utilise its reasonable efforts to maintain an acceptable performance of the Website, however it does not guarantee continuous operation of the Website or integrity of the Website Content or other data stored or transmitted via the Website, internet or any services.  The warranties in this clause 1 replace all other representations or warranties (statutory, express or implied) and all such representations and warranties (save any which may not be lawfully excluded).

8.4 You acknowledge that your ability to access the Website and Website Content and the quality of the access is affected by many factors, including but not limited to the internet connection used to access the Website and Website Content, the specifications of your device, other functions being performed on your device at the time and the amount of other traffic on the Website, and that Science Alive is not responsible for poor quality access or any delay or inability to access the Website or any Website Content due to such factors.

8.5 The Website may contain links to other websites or resources over which Science Alive does not have control (“External Websites”).  Such links do not constitute an endorsement by Science Alive of those External Websites. You acknowledge that Science Alive is providing these links to you as a convenience, and further agree that Science Alive is not responsible for the content of such External Websites. Your use of External Websites is subject to the terms and conditions of use and privacy policies located on the External Websites.

9.1 Science Alive collects Personal Information about you when you access and/or use the Website, and/or purchase Products from the Website. In providing your Personal Information to us, you consent to our use of that information in accordance with our Privacy Policy found at https://www.sciencealive.co.nz/privacy-policy. We may also use your Personal Information where we are authorised to do so under the Privacy Act 2020.

9.2 You must treat all Confidential Information strictly confidential, keep it secure at all times and only use it to the extent required for the proper performance of these Terms. You may only disclose Confidential Information with our prior written consent.

9.3 At our request, you must return or (at our option) destroy our Confidential Information, and all copies of it.

10.1 Consumers may have additional rights under the Consumer Guarantees Act 1993 and Fair Trading Act 1986 (“Consumer Laws”) in relation to any Products purchased from the Website. Your consumer rights are in addition to these Terms and nothing in these Terms is intended to have the effect of limiting or reducing your consumer rights.

10.2 Other than under applicable Consumer Laws and to the maximum extent permissible by law, your sole remedy for any loss or damage arising in connection with the Products, or the Website, or a breach by us of these Terms, is as expressly set out in these Terms.

10.3 In no circumstances will we be liable to you or any other person for any loss or damage to persons or property, or for consequential, special, punitive, incidental, indirect or economic loss or damage or loss of profits or opportunity arising out of your use of the Website or purchase of the Products or otherwise in connection with these Terms, and whether by way of damages or indemnity or in respect of breach of contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such losses or damages.

10.4 Despite any other provision in these Terms and to the maximum extent permissible by law, if Science Alive is determined liable to you for any loss or damage, such liability is limited, in aggregate, to the amount paid by you for the Product giving rise to liability.

11.1 Any disputes between the parties will be discussed in the spirit of goodwill. If a party has any dispute in connection with these Terms:

    a) that party will promptly give full written particulars of the dispute to the other;

    b) the parties will promptly meet (including by phone or video conference) and try to resolve the dispute;

    c) if the dispute is not resolved within 10 business days of written particulars being given (or any longer period agreed to by the parties), either party may refer the dispute to mediation; and

    d) party must not commence other legal proceedings, except an application for urgent interlocutory relief, without using the mediation procedure first, and only if the dispute has not been resolved within 20 business days of the appointment of the mediator.

11.2 Nothing in this section 11. precludes either party from taking immediate steps to seek urgent interlocutory or equitable relief before a court of competent jurisdiction.

12.1 Changes: We may change or update these Terms at any time by posting an updated version on the Website. Your continuing use of the Website after any such change or update constitutes acceptance by you of that change or update. The amended Terms shall apply to all orders for Products placed with us after such notice. If you do not accept any change to these Terms, then you must cease using the Website.

12.2 Governing Law: These Terms are governed by the laws of New Zealand.  The parties submit to the non-exclusive jurisdiction of the Courts of New Zealand in respect of any matter arising out of or in connection with these Terms or the Website.

12.3 Entire Agreement: These Terms constitute the entire understanding and agreement between you and Science Alive and supersede any and all prior oral or written communication on the subject matter contained in them.

12.4 Privity: Nothing in these Terms shall create or be deemed to create any rights in any person or entity not a party to these Terms.

12.5 Severability: If any part of these Terms is held to be invalid, illegal or unenforceable (in whole or in part) it will be severed and the remainder of these Terms will, to the extent possible, remain in full force and effect.

12.6 Waiver: Any delay or failure to enforce our rights under these Terms shall not relieve you from compliance with such obligations and does not mean we have waived those rights.

12.7 Notices: Notices under these Terms shall be in writing and shall be deemed given when delivered:

a) personally – when they are received;

b) by email – upon confirmation of receipt; and

c) by overnight mail or conventional mail – two business days after sending.

12.8 Force Majeure: We will not be liable for any failure or delay in complying with any of our obligations to you if such failure or delay results from a cause beyond our control. Nothing in this clause 1.8 will excuse a party from any obligation to make payment when due under these Terms.

13.1 Definitions: In these Terms, unless the context otherwise requires:

Confidential Information means any information, in whatever form, about our business, processes or suppliers that is disclosed to you or learnt by you in the course of us providing you with the Website, the Products or related services.  It includes any information or data we may develop in the course of providing the Website, Products or performing the related services.

Intellectual Property means all trade marks, domain names, copyright, patents, registered designs, circuit layouts, rights in computer software, databases, content and lists, rights in inventions, know-how, and trade secrets and all other intellectual property, in each case whether registered or unregistered (including applications for the grant of any of the foregoing) and all rights or forms of protection having equivalent or similar effect to any of the foregoing which may subsist anywhere in the world, and all rights of action, powers and benefits of the same.

Personal Information means all and any information provided by you when purchasing Products including your name, address, contact information, and card details.

Product means any product advertised for sale on the Website and (where applicable) purchased by you pursuant to these Terms.

Shop means the online shop on the Website where you can view and purchase Products.

Website means the website with the domain name www.sciencealive.co.nz. For the avoidance of doubt, any reference in these Terms to our Website also includes a reference to the Shop (where applicable).

Website Content means any digital content (including images, logos, videos, links, text, learning content) made available via the Website from time to time, including any details or description of Products on the Shop.

13.2 Construction: In the construction of these Terms, unless the context requires otherwise:

    (a) the headings are for convenience only and have no legal effect;

    (b) the singular includes the plural and vice versa;

    (c) “including” and similar words do not imply any limit; and

    (d) words denoting any gender include all genders.