Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Pick The Wheel website, including any content, functionality, products, and services offered on or through https://pickthewheel.com/ (the “Website”), whether as a guest or a registered user.

Please read the Terms carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by the Terms. If you do not want to agree to the Terms, you must not access or use the Website.

Changes to the Terms

We may revise and update the Terms from time to time at our sole discretion. All changes are effective immediately when we post them.

Effective Date: 22 Feb 2024

Accessing the Website

We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.

To access certain features of the Website, you may be required to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide is correct, current, and complete.

Privacy Policy

Our Privacy Policy, available at [link to privacy policy], governs the collection, use, and disclosure of your personal information in connection with your access and use of the Website. Please read the Privacy Policy carefully before accessing or using the Website.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with the Terms. You agree not to use the Website:

(a) In any way that violates any applicable national or international law or regulation.

(b) To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

(c) To impersonate or attempt to impersonate us, any of our employees, another user, or any other person or entity.

(d) In any way that infringes upon the rights of others or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

(e) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website, or expose them to liability.

Intellectual Property

The Website and its entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by us, our licensors, or other providers of such material and are protected by New Zealand and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website. Use of the Website does not grant any license or right in any copyright, trademark, or other intellectual property right of Pick The Wheel or any third party.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event will Pick The Wheel, its affiliates, directors, officers, employees, agents, suppliers, or licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages arising out of or in any way related to your access or use of or inability to access or use the Website or any content, including but not limited to damages for loss of profits, goodwill, data, or other intangible losses arising out of or in connection with your use of, or inability to use, the Website.

To the extent that any liability is not legally excluded hereunder, Pick The Wheel’s total cumulative liability to you arising from or related to the Website and this Agreement will not exceed NZD $100.

Indemnification

You agree to defend, indemnify, and hold harmless Pick The Wheel, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your violation of these Terms; and (b) your use of the Website, including your User Contributions (as defined in Section 9 below), or any products or services obtained through the Website.

User Contributions

The Website may contain interactive features that allow you to submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials, including but not limited to text, images, videos, comments, and other features (collectively, “User Contributions”).

User Contributions you submit must comply with the content standards in Section 5 above. Any User Contribution you post will be considered non-confidential and non-proprietary. We have no obligations with respect to your User Contributions.

We and our designees will be free to copy, disclose, distribute, incorporate, and otherwise use your User Contributions for any purposes in connection with the Website, our business, and our products and services.

Termination

We may terminate or suspend your access to all or part of the Website immediately, without prior notice or liability, for any reason, including a breach of the Terms. All provisions of the Terms shall survive termination, including your obligations under Sections 6, 7, 8, and 10.

Upon termination, your right to access and use the Website will cease immediately. The following provisions of the Terms survive any termination of these Terms: Sections 5, 6, 7, 8, 10, and 12.

Governing Law and Dispute Resolution

The Terms and any action related thereto will be governed by the laws of Hong Kong without regard to its conflict of laws provisions.