Terms and Conditions of Sale

By purchasing products from SOMO Creative Ltd ("SOMO Creative," "we," "us,” "our") or using this website, the purchaser (the "Customer," "you," "your"), agrees to the following terms and conditions of sale (the "Terms").

  1. Consumer Protection and other legislation: Where the provisions of the Consumer Guarantees Act 1993 or any mandatory legislation in your jurisdiction that cannot legally be excluded applies, these terms will be read subject to the application of that legislation, and in the case of any conflict, the provisions of that legislation will apply.
  2. Business Customers: To the extent permitted by law, business customers agree that where products are purchased for the purpose of a business that the Consumer Guarantees Act or equivalent consumer protection legislation does not apply. 
  3. Software Warranty: All software or other digital products sold by SOMO Creative are subject to the terms and conditions of the license agreements that apply to those products. The Customer acknowledges their obligations to abide by such license agreements. Subject to any applicable law that cannot be excluded, the Customer acknowledges that SOMO Creative does not warrant any software or other digital products under these Terms and Conditions. All software and other digital products are warranted in accordance with the license agreement that governs its use. 
  4. Limitation of Liability: The Customer shall indemnify SOMO Creative against any loss of or damage to property or for data or software which is lost, corrupted, deleted or altered due to the act or omission of the customer. SOMO Creative shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use or performance of products or services from SOMO Creative, even if SOMO Creative has been advised of their possibility. In no case shall SOMO Creative’s maximum liability exceed the cost of the relevant original order. 
  5. Refunds: E-books are non-returnable and non-refundable, except in certain limited circumstances under the Consumer Guarantees Act or any other applicable consumer protection legislation. We do not refund if the reason is solely that customers did not realise the restrictions on usage or software required to access or use the e-books. Please use a sample download to be sure that your system is properly configured before you make a purchase. 
  6. Prices, Payment and Title: SOMO Creative’s available payment methods will be presented at the time of purchase. SOMO Creative retains title in the products purchased until SOMO Creative receives payment in full. 
  7. Pricing errors: Although we do our best to ensure prices stated on this website are accurate, errors do occur from time to time. Where a pricing error occurs (subject to applicable law that cannot be excluded), we will not be bound by the incorrect pricing stated, and reserve the right to cancel your purchase. 
  8. Security: SOMO Creative uses reasonable endeavours to ensure this website, and any transactions conducted on it, are secure. However you acknowledge that the security of information and payments transmitted via the Internet can never be entirely secure or error free. SOMO Creative will not be liable for any damages suffered due to failure, delay, interception or manipulation of electronic communications by third parties on any computer programmes (e.g. those used for transmission of viruses). 
  9. Special Offers: Special deals and offers on this site are only valid for so long as they are displayed, unless expressly stated otherwise. 
  10. Mailing Cash: SOMO Creative does not recommend that cash be mailed for payment of products. If the Customer does mail cash, SOMO Creative accepts no responsibility for the theft, loss or otherwise for non-delivery of the mailed cash. 
  11. Cancelling Orders: SOMO Creative reserves the right to cancel orders for any reason or to cancel the purchase agreement after order confirmation, including (without limitation) where SOMO Creative believes the order to be fraudulent or constitute a mis-use of a promotional or marketing activity or where an error has occurred including but not limited to errors relating to pricing. If we do cancel your order or purchase agreement, we accept no liability for any resulting damages or costs suffered by you, however we will refund the purchase price to you (where it has already been paid). 
  12. GST: For New Zealand billing addresses, all prices are New Zealand GST inclusive unless otherwise stated. If your billing address is outside New Zealand, no New Zealand GST will be charged. 
  13. Site Access: SOMO Creative hereby grants you permission to access, view and download the content appearing on this site, for your personal, non-commercial use only. You agree not to use any device, method or software to interfere with the proper functioning of this site. Without the express written permission of SOMO Creative, you may not use any device, method or software including, but not limited to: spiders, robots, avatars, agents, data mining, gathering or extraction tools and attempts to probe, scan or test or breach security and authentication measures. 
  14. Copyright & Trademarks: You agree that the content you access, view or download on this site and the software used to create it, remains the property of SOMO Creative Limited or its Licensors as defined by New Zealand and International Intellectual Property Laws, including but not limited to Copyright and Trademark laws. You agree not to modify or alter such content in any way, or make it available to any third parties. 
  15. Delivery Estimates: SOMO Creative makes every effort practical to ensure that delivery timeframes given are accurate. However the delivery times may be adversely affected by unforeseen events. By placing an order, you agree not to hold SOMO Creative liable for any loss or damage directly or indirectly arising out of or in connection with any delay or failure to deliver within the estimated time frame. 
  16. Communications: By creating an account with SOMO Creative you consent to receiving electronic communications from SOMO Creative. These communications will include: account status updates, order status updates, promotional and marketing materials, and other information relating to the service. Your personal details will not be made available to any third party. For more information please see our Privacy Policy
  17. Notice of Copyright Infringement: SOMO Creative respects the copyrights of others. If you feel that data is used in SOMO Creative’s publications in a manner that constitutes an infringement of your copyright under applicable copyright legislation , please write to us at:
    Address: PO Box 13717, Armagh, Christchurch 8141, New Zealand
    Email: info@somocreative.co.nz

    Please include the following details:

    • Identification of the copyrighted work that has allegedly been infringed upon and that you wish to have removed. Please include a web address (URL);
    • A statement that the complaining party believes that infringement of the complaining party's copyright has occurred and the reasons for such belief;
    • A statement that you are the copyright holder or authorised to act on their behalf; and
    • Contact details including an email address where the complaining party may be contacted.

  18. Linked Sites: This site may contain links to other websites operated by third parties. SOMO Creative is not liable for those sites or any content or information such sites contain.

Disclaimer

SOMO Creative would like to welcome you to this website, we have worked hard to make it as user-friendly and informative as possible. When viewing the pages of this website, you acknowledge that you have read and accepted the following disclaimer.

The information on this website is provided "as is" and for general information only. SOMO Creative has provided this information for the benefit of users in good faith and with reasonable care. However, errors and omissions in this website and the information on it may occur from time to time and SOMO Creative does not guarantee that the website will always operate or be error free.

Accordingly, to the maximum extent permitted by law, SOMO Creative does not accept any liability for the use of or inability to use this website, or for any loss or damage which may directly or indirectly result from any opinion, information, advice, representation or omission contained on this website.