Terms of Service/Trade

OVERVIEW

This website is operated by Prosport Auto Ltd. Throughout the site,
the terms “we”, “us” and “our” refer to Prosport Auto Ltd. Prosport Auto
Ltd offers this website, including all information, tools and services
available from this site to you, the user, conditioned upon your
acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage
in our “Service” and agree to be bound by the following terms and
conditions (“Terms of Service”, “Terms”), including those additional
terms and conditions and policies referenced herein and/or available by
hyperlink. These Terms of Service apply to all users of the site,
including without limitation users who are browsers, vendors, customers,
merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or
using our website. By accessing or using any part of the site, you agree
to be bound by these Terms of Service. If you do not agree to all the
terms and conditions of this agreement, then you may not access the
website or use any services. If these Terms of Service are considered an
offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall
also be subject to the Terms of Service. You can review the most current
version of the Terms of Service at any time on this page. We reserve
the right to update, change or replace any part of these Terms of
Service by posting updates and/or changes to our website. It is your
responsibility to check this page periodically for changes. Your
continued use of or access to the website following the posting of any
changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online
e-commerce platform that allows us to sell our products and services to
you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at
least the age of majority in your state or province of residence, or
that you are the age of majority in your state or province of residence
and you have given us your consent to allow any of your minor dependents
to use this site.

You may not use our products for any illegal or unauthorized purpose
nor may you, in the use of the Service, violate any laws in your
jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card
information), may be transferred unencrypted and involve (a)
transmissions over various networks; and (b) changes to conform and
adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over
networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit
any portion of the Service, use of the Service, or access to the
Service or any contact on the website through which the service is
provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is
not accurate, complete or current. The material on this site is provided
for general information only and should not be relied upon or used as
the sole basis for making decisions without consulting primary, more
accurate, more complete or more timely sources of information. Any
reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical
information, necessarily, is not current and is provided for your
reference only. We reserve the right to modify the contents of this site
at any time, but we have no obligation to update any information on our
site. You agree that it is your responsibility to monitor changes to
our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the
Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any
modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online
through the website. These products or services may have limited
quantities and are subject to return or exchange only according to our
Return Policy.

We have made every effort to display as accurately as possible the
colors and images of our products that appear at the store. We cannot
guarantee that your computer monitor's display of any color will be
accurate.

We reserve the right, but are not obligated, to limit the sales of
our products or Services to any person, geographic region or
jurisdiction. We may exercise this right on a case-by-case basis. We
reserve the right to limit the quantities of any products or services
that we offer. All descriptions of products or product pricing are
subject to change at anytime without notice, at the sole discretion of
us. We reserve the right to discontinue any product at any time. Any
offer for any product or service made on this site is void where
prohibited.

We do not warrant that the quality of any products, services,
information, or other material purchased or obtained by you will meet
your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may,
in our sole discretion, limit or cancel quantities purchased per person,
per household or per order. These restrictions may include orders
placed by or under the same customer account, the same credit card,
and/or orders that use the same billing and/or shipping address. In the
event that we make a change to or cancel an order, we may attempt to
notify you by contacting the e-mail and/or billing address/phone number
provided at the time the order was made. We reserve the right to limit
or prohibit orders that, in our sole judgment, appear to be placed by
dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and
account information for all purchases made at our store. You agree to
promptly update your account and other information, including your email
address and credit card numbers and expiration dates, so that we can
complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as
is” and “as available” without any warranties, representations or
conditions of any kind and without any endorsement. We shall have no
liability whatsoever arising from or relating to your use of optional
third-party tools.

Any use by you of optional tools offered through the site is
entirely at your own risk and discretion and you should ensure that you
are familiar with and approve of the terms on which tools are provided
by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features
through the website (including, the release of new tools and resources).
Such new features and/or services shall also be subject to these Terms
of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party
websites that are not affiliated with us. We are not responsible for
examining or evaluating the content or accuracy and we do not warrant
and will not have any liability or responsibility for any third-party
materials or websites, or for any other materials, products, or services
of third-parties.

We are not liable for any harm or damages related to the purchase or
use of goods, services, resources, content, or any other transactions
made in connection with any third-party websites. Please review
carefully the third-party's policies and practices and make sure you
understand them before you engage in any transaction. Complaints,
claims, concerns, or questions regarding third-party products should be
directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for
example contest entries) or without a request from us you send creative
ideas, suggestions, proposals, plans, or other materials, whether
online, by email, by postal mail, or otherwise (collectively,
'comments'), you agree that we may, at any time, without restriction,
edit, copy, publish, distribute, translate and otherwise use in any
medium any comments that you forward to us. We are and shall be under no
obligation (1) to maintain any comments in confidence; (2) to pay
compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content
that we determine in our sole discretion are unlawful, offensive,
threatening, libelous, defamatory, pornographic, obscene or otherwise
objectionable or violates any party’s intellectual property or these
Terms of Service.

You agree that your comments will not violate any right of any
third-party, including copyright, trademark, privacy, personality or
other personal or proprietary right. You further agree that your
comments will not contain libelous or otherwise unlawful, abusive or
obscene material, or contain any computer virus or other malware that
could in any way affect the operation of the Service or any related
website. You may not use a false e-mail address, pretend to be someone
other than yourself, or otherwise mislead us or third-parties as to the
origin of any comments. You are solely responsible for any comments you
make and their accuracy. We take no responsibility and assume no
liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service
that contains typographical errors, inaccuracies or omissions that may
relate to product descriptions, pricing, promotions, offers, product
shipping charges, transit times and availability. We reserve the right
to correct any errors, inaccuracies or omissions, and to change or
update information or cancel orders if any information in the Service or
on any related website is inaccurate at any time without prior notice
(including after you have submitted your order).

We undertake no obligation to update, amend or clarify information
in the Service or on any related website, including without limitation,
pricing information, except as required by law. No specified update or
refresh date applied in the Service or on any related website, should be
taken to indicate that all information in the Service or on any related
website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of
Service, you are prohibited from using the site or its content: (a) for
any unlawful purpose; (b) to solicit others to perform or participate in
any unlawful acts; (c) to violate any international, federal,
provincial or state regulations, rules, laws, or local ordinances; (d)
to infringe upon or violate our intellectual property rights or the
intellectual property rights of others; (e) to harass, abuse, insult,
harm, defame, slander, disparage, intimidate, or discriminate based on
gender, sexual orientation, religion, ethnicity, race, age, national
origin, or disability; (f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code
that will or may be used in any way that will affect the functionality
or operation of the Service or of any related website, other websites,
or the Internet; (h) to collect or track the personal information of
others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or (k) to interfere with or
circumvent the security features of the Service or any related website,
other websites, or the Internet. We reserve the right to terminate your
use of the Service or any related website for violating any of the
prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for
indefinite periods of time or cancel the service at any time, without
notice to you.

You expressly agree that your use of, or inability to use, the
service is at your sole risk. The service and all products and services
delivered to you through the service are (except as expressly stated by
us) provided 'as is' and 'as available' for your use, without any
representation, warranties or conditions of any kind, either express or
implied, including all implied warranties or conditions of
merchantability, merchantable quality, fitness for a particular purpose,
durability, title, and non-infringement.

In no case shall Prosport Auto Ltd, our directors, officers,
employees, affiliates, agents, contractors, interns, suppliers, service
providers or licensors be liable for any injury, loss, claim, or any
direct, indirect, incidental, punitive, special, or consequential
damages of any kind, including, without limitation lost profits, lost
revenue, lost savings, loss of data, replacement costs, or any similar
damages, whether based in contract, tort (including negligence), strict
liability or otherwise, arising from your use of any of the service or
any products procured using the service, or for any other claim related
in any way to your use of the service or any product, including, but not
limited to, any errors or omissions in any content, or any loss or
damage of any kind incurred as a result of the use of the service or any
content (or product) posted, transmitted, or otherwise made available
via the service, even if advised of their possibility. Because some
states or jurisdictions do not allow the exclusion or the limitation of
liability for consequential or incidental damages, in such states or
jurisdictions, our liability shall be limited to the maximum extent
permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Prosport Auto Ltd
and our parent, subsidiaries, affiliates, partners, officers, directors,
agents, contractors, licensors, service providers, subcontractors,
suppliers, interns and employees, harmless from any claim or demand,
including reasonable attorneys’ fees, made by any third-party due to or
arising out of your breach of these Terms of Service or the documents
they incorporate by reference, or your violation of any law or the
rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is
determined to be unlawful, void or unenforceable, such provision shall
nonetheless be enforceable to the fullest extent permitted by applicable
law, and the unenforceable portion shall be deemed to be severed from
these Terms of Service, such determination shall not affect the validity
and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the
termination date shall survive the termination of this agreement for all
purposes.

These Terms of Service are effective unless and until terminated by
either you or us. You may terminate these Terms of Service at any time
by notifying us that you no longer wish to use our Services, or when you
cease using our site.

If in our sole judgment you fail, or we suspect that you have
failed, to comply with any term or provision of these Terms of Service,
we also may terminate this agreement at any time without notice and you
will remain liable for all amounts due up to and including the date of
termination; and/or accordingly may deny you access to our Services (or
any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of
these Terms of Service shall not constitute a waiver of such right or
provision.

These Terms of Service and any policies or operating rules posted by
us on this site or in respect to The Service constitutes the entire
agreement and understanding between you and us and govern your use of
the Service, superseding any prior or contemporaneous agreements,
communications and proposals, whether oral or written, between you and
us (including, but not limited to, any prior versions of the Terms of
Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide
you Services shall be governed by and construed in accordance with the
laws of P.O.Box 298 Pukekohe Auckland NZ 2120.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or
replace any part of these Terms of Service by posting updates and
changes to our website. It is your responsibility to check our website
periodically for changes. Your continued use of or access to our website
or the Service following the posting of any changes to these Terms of
Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at mike@prosportauto.co.nz.

Privacy Policy

This Privacy Policy describes how your personal information is
collected, used, and shared when you visit or make a purchase from
prosportautonz.myshopify.com (the “Site”).

PERSONAL INFORMATION WE COLLECT

When you visit the Site, we automatically collect certain
information about your device, including information about your web
browser, IP address, time zone, and some of the cookies that are
installed on your device. Additionally, as you browse the Site, we
collect information about the individual web pages or products that you
view, what websites or search terms referred you to the Site, and
information about how you interact with the Site. We refer to this
automatically-collected information as “Device Information”.

We collect Device Information using the following technologies:

- “Cookies” are data files that are placed on your device or
computer and often include an anonymous unique identifier. For more
information about cookies, and how to disable cookies, visit
http://www.allaboutcookies.org.

- “Log files” track actions occurring on the Site, and collect data
including your IP address, browser type, Internet service provider,
referring/exit pages, and date/time stamps.

- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.

Additionally when you make a purchase or attempt to make a purchase
through the Site, we collect certain information from you, including
your name, billing address, shipping address, payment information
(including credit card numbers), email address, and phone number. We
refer to this information as “Order Information”.

When we talk about “Personal Information” in this Privacy Policy, we
are talking both about Device Information and Order Information.

HOW DO WE USE YOUR PERSONAL INFORMATION?

We use the Order Information that we collect generally to fulfill
any orders placed through the Site (including processing your payment
information, arranging for shipping, and providing you with invoices
and/or order confirmations). Additionally, we use this Order Information
to:

- Communicate with you;

- Screen our orders for potential risk or fraud; and

- When in line with the preferences you have shared with us, provide
you with information or advertising relating to our products or
services.

We use the Device Information that we collect to help us screen for
potential risk and fraud (in particular, your IP address), and more
generally to improve and optimize our Site (for example, by generating
analytics about how our customers browse and interact with the Site, and
to assess the success of our marketing and advertising campaigns).

SHARING YOUR PERSONAL INFORMATION

We share your Personal Information with third parties to help us use
your Personal Information, as described above. For example, we use
Shopify to power our online store--you can read more about how Shopify
uses your Personal Information here:
https://www.shopify.com/legal/privacy. We also use Google Analytics to
help us understand how our customers use the Site -- you can read more
about how Google uses your Personal Information here:
https://www.google.com/intl/en/policies/privacy/. You can also opt-out
of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

Finally, we may also share your Personal Information to comply with
applicable laws and regulations, to respond to a subpoena, search
warrant or other lawful request for information we receive, or to
otherwise protect our rights.

BEHAVIOURAL ADVERTISING

As described above, we use your Personal Information to provide you
with targeted advertisements or marketing communications we believe may
be of interest to you. For more information about how targeted
advertising works, you can visit the Network Advertising Initiative’s
(“NAI”) educational page at
http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by using the links below:

- Facebook: https://www.facebook.com/setti...

- Google: https://www.google.com/setting...

- Bing: https://advertise.bingads.micr...

Additionally, you can opt out of some of these services by visiting
the Digital Advertising Alliance’s opt-out portal at:
http://optout.aboutads.info/.

DO NOT TRACK

Please note that we do not alter our Site’s data collection and use
practices when we see a Do Not Track signal from your browser.

YOUR RIGHTS

If you are a European resident, you have the right to access
personal information we hold about you and to ask that your personal
information be corrected, updated, or deleted. If you would like to
exercise this right, please contact us through the contact information
below.

Additionally, if you are a European resident we note that we are
processing your information in order to fulfill contracts we might have
with you (for example if you make an order through the Site), or
otherwise to pursue our legitimate business interests listed above.
Additionally, please note that your information will be transferred
outside of Europe, including to Canada and the United States.

DATA RETENTION

When you place an order through the Site, we will maintain your
Order Information for our records unless and until you ask us to delete
this information.

CHANGES

We may update this privacy policy from time to time in order to
reflect, for example, changes to our practices or for other operational,
legal or regulatory reasons.

CONTACT US

For more information about our privacy practices, if you have
questions, or if you would like to make a complaint, please contact us
by e-mail at mike@prosportauto.co.nz or by mail using the details
provided below:

Prosport Auto Ltd

Mike Cullingford

P.O.Box 298

Pukekohe Auckland NZ 2120

+64 9 238 3560

Refund & Return Policy

Returns

Our policy lasts 14 days. If 14 days have gone by since your
purchase, unfortunately we can’t offer you a refund or exchange. There
will be a 15% restocking fee on returned goods.

To be eligible for a return, your item must be unused and in the same
condition that you received it. It must also be in the original
packaging.

Refunds (if applicable)

Once your return is received and inspected, we will send you an
email to notify you that we have received your returned item. We will
also notify you of the approval or rejection of your refund.

If you are approved, then your refund will be processed, and a
credit will automatically be applied to your credit card or original
method of payment, within a certain amount of days.

Sale items (if applicable)

Only regular priced items may be refunded, unfortunately sale items cannot be refunded.

Special order items

Items special ordered in specifically for any customer cannot be returned/refunded. Items that require a deposit to be paid upfront are also classified as a special order.

You will be responsible for paying for your own shipping costs for
returning your item. Shipping costs are non-refundable. If you receive a
refund, the cost of return shipping will be deducted from your refund.

If you are shipping an item over $75, you should consider using a
trackable shipping service or purchasing shipping insurance. We don’t
guarantee that we will receive your returned item.

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