Effective Date: 22.10.2024

These Terms of Use ("Agreement") govern your use of the website www.smokeandsilk.co.nz ("Site") and any services provided by Smoke & Silk ("we", "us", or "our"). By accessing or using the Site, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use the Site.

1. Acceptance of Terms

By accessing or using the Site, you agree to these Terms of Use, along with our Privacy Policy and any additional guidelines or policies provided by us. If you do not agree to these Terms, please refrain from using the Site.

2. User Eligibility

You must be at least 18 years old, or have the consent of a parent or guardian, to use this Site. By accessing or using the Site, you represent and warrant that you are eligible to do so.

3. Account Registration

• Account Creation: To access certain features of the Site, such as personalized content or services, you may be required to create an account. You are responsible for maintaining the confidentiality of your account details, including your username and password.

• Account Responsibility: You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We are not responsible for any losses resulting from unauthorized use of your account.

4. User Conduct

You agree to use the Site only for lawful purposes and in accordance with these Terms. You shall not:

• Violate any applicable laws or regulations in your jurisdiction.

• Use the Site to distribute harmful content, malware, or spam.

• Interfere with or disrupt the operation of the Site or its servers.

• Engage in any activity that could damage, disable, or impair the Site or its associated services.

• Attempt to gain unauthorized access to any part of the Site, accounts, systems, or networks connected to the Site.

5. Intellectual Property

• Ownership: All content, features, and functionality on the Site, including but not limited to text, images, logos, videos, and software, are owned by Smoke & Silk or its licensors and are protected by intellectual property laws.

• License: You are granted a limited, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial purposes. You may not copy, modify, distribute, or create derivative works of the content or services provided by the Site without our permission.

6. Access to the Site

We do not guarantee that the Site will be available at all times or that it will be free from errors. We may suspend, modify, or discontinue any part of the Site at any time without notice, and we will not be liable for any interruption in service.

7. Privacy and Data Protection

By using the Site, you agree to the collection and use of your personal information as described in our Privacy Policy. We are committed to protecting your privacy in accordance with New Zealand's Privacy Act 2020 and other applicable laws.

8. Termination of Access

We reserve the right to suspend or terminate your access to the Site at our discretion, without prior notice, if we believe that you have violated these Terms of Use or engaged in any conduct that may harm the reputation or operation of the Site.

9. Disclaimers and Limitation of Liability

• No Warranty: The Site and all content, materials, and services provided on the Site are provided "as is" and "as available," without any warranty of any kind, either express or implied. We make no representations or warranties regarding the accuracy, reliability, or availability of the Site.

• Limitation of Liability: To the fullest extent permitted by law, Smoke & Silk shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from your use or inability to use the Site, even if we have been advised of the possibility of such damages.

10. Third-Party Links

The Site may contain links to third-party websites or services that are not operated by us. We are not responsible for the content, privacy policies, or practices of third-party sites. We recommend reviewing the terms and privacy policies of any third-party websites you visit.

11. Changes to the Terms of Use

We reserve the right to update or modify these Terms of Use at any time. Any changes will be posted on this page, and the "Effective Date" at the top of the page will be updated. Your continued use of the Site after changes to these Terms constitutes your acceptance of the updated Terms.

12. Governing Law and Dispute Resolution

• Governing Law: These Terms shall be governed by and construed in accordance with the laws of New Zealand.

• Dispute Resolution: Any disputes arising from or related to these Terms will be resolved through informal negotiation. If we are unable to resolve the dispute through negotiation, the matter may be submitted to mediation or arbitration in New Zealand.

13. Indemnification

You agree to indemnify and hold harmless Smoke & Silk, its affiliates, employees, and agents from any claims, damages, losses, liabilities, or expenses (including legal fees) arising from your use of the Site, violation of these Terms, or any rights of any third party.

14. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, the remaining provisions shall remain in full force and effect.

15. Contact Us

If you have any questions or concerns about these Terms of Use or how we handle your personal information, please contact us at:

Smoke & Silk
186a Hillsborough Road
info@smokeandsilk.co.nz
(+64) 021-391-994