Privacy Policy

Terms of service

Overview

This website is operated by The Garage Project. Throughout the site, the terms “we”, “us” and “our” refer to The Garage Project. The Garage Project 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 Wix. 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 Refund 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 details, please review our Refund 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 the 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 to be 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.

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 The Garage Project, 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 The Garage Project 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 governs 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 New Zealand.

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 cindy@thegarageproject.co.nz

The Garage Project Website Terms of Use

Hi, we are The Garage Project (called we, us or our below). Here are our Website Terms for www.thegarageproject.co.nz (called Website below) that apply to you (called you or your below) while you use the Website. You accept these Terms by using the Website.

Your right to use the Website and content

You may view and print (for personal use only) the content on the Website to get information about the products and/or services we provide. We can remove this right and it is not exclusive to you.
If you would like to link to our Website from your website, please contact us for prior permission (which we may withdraw later).

Personal use only

The Website is for your personal use only and you must not use it for any commercial purposes. You must not:

copy, store or distribute the Website’s content
use the Website to redirect users to other websites or encourage users to visit other websites, or
share your password or login information for the Website with anyone else.

Don’t harm the Website

You must not:

alter the Website or use the Website in a way that could interfere with the performance of the Website or any other user’s use of the Website
disable or interfere with any security-related features of the Website
use any programs, scripts, bots or other automated technology to scrape or access the Website or hijack user accounts or log-in sessions
introduce viruses, malicious code or similar material that could harm or interfere with the Website or other users of the Website, or
harm the Website in any other way.

Don’t harm others

You must not use the Website:

for any offensive, unlawful, discriminatory, threatening, fraudulent or harmful purposes or for any activity that violates the rights of others
for any phishing, trolling or similar activities
to defraud, scam, hack, swindle or deceive other users of the Website
to collect contact information of other users or to send any unsolicited communication to other users, or
to impersonate any other person or organisation.

Our rights

We are allowed to:

change the Website, including its content or functionality
cancel or remove the Website
monitor your use of the Website (subject to our privacy obligations), or
if you fail to comply with these Terms or breach any laws, block your use of the Website, remove any content uploaded by you, or take legal action against you.

Intellectual Property rights

All intellectual property rights in the Website and its content, including in the text, graphics, logos, design, structure, expression, look and feel and arrangement of content and any software used by the Website (called IP), are owned by us or our suppliers or licensors. Your use of the Website does not grant any ownership rights in our IP to you or anyone else.
You may only use our IP to view or use the Website and not for any other purposes.
You must not modify or incorporate our IP into any other work, publication or website.
We can withdraw this right to use our IP, it is not exclusive to you, and you cannot transfer it to anyone else.

Information on the Website

We aim to list current and accurate product and/or services information on the Website at all times. However, it is possible errors may occur. We do not guarantee any content on the Website is accurate, complete, or fit for your purposes.
Any statements by other people or content included by other people on the Website are the views of that person and may not represent our views.
Any reviews on the Website are provided by users of our products and/or services based on their experiences. You may not experience the same results.

Your rights under Consumer Law

If you are in New Zealand, you have certain rights under the New Zealand Consumer Guarantees Act 1993 (CGA), the Fair Trading Act 1986 and other New Zealand consumer law (Consumer Law). If we do not meet our obligations to you under Consumer Law, you may be entitled to remedies. You agree the CGA shall not apply to any use of the Website relating to the supply of products or services for business use. Nothing in these Terms excludes, restricts or modifies your rights under Consumer Law.
We will not pay you any more than we are required to under Consumer Law for any costs or other loss you experience related to your use of (or inability to use) the Website. This includes your reliance on, or any errors in, information on the Website, any malicious technologies that, through your use of the Website, infect your device or systems, and any data loss or corruption.

The things we can’t guarantee

The internet is not secure and therefore we can’t guarantee security of your data during transmission to or from the Website.
We can’t guarantee the Website is totally secure or virus-free, even though we have reasonable security measures in place to protect any personal information you provide us. The Website is provided “as is”.
We do not guarantee or commit to any standards regarding the Website quality, performance or fitness for purpose, or that your use of the Website will be faultless, timely or continuous.
We do not give guarantees or assurances about other people’s products and/or services on the Website.
The Website may contain links to other websites operated by other people that we do not control. We do not endorse or approve those websites and we have no liability for the content or security of those websites. Please be aware the privacy policies for those websites may be different from ours.

When you must cover us

You must pay us the full amount of any costs or loss we experience because of your access to, or use of, the Website or your failure to comply with these Terms or any applicable law. This includes if you damage the Website or if another person makes a claim against us for something you do.

Changes to the Terms

We may change these Terms at any time by posting the new Terms on the Website. By continuing to use the Website after the new Terms are posted, you agree to the new Terms.

Our privacy policy at www.thegarageproject.co.nz sets out our commitments regarding personal information we collect from you.

The law that applies to these Terms

New Zealand law applies to these Terms. Any dispute relating to these Terms or the Website that we cannot resolve with you must be resolved in the New Zealand courts. Although the Website may be accessed from countries other than New Zealand, we cannot guarantee that the Website or the products and/or services shown on the Website comply with the laws in any country outside New Zealand.

The Garage Project Privacy Policy

Privacy Policy of The Garage Project (called we, us or our below). This Privacy Policy tells you how we collect, use, share and protect your personal information. It applies to you (called you or your below) when you use our website or interact with us through our social media, provide information to us, or purchase our products or services. This means you agree to our use of your personal information and to receive communications from us as set out below. We are committed to complying with the New Zealand Privacy Act 2020.

What is personal information?

Personal information is information that can be used to identify a person. This may include your name, contact details, user name and password, IP address, credit or debit card details, customer survey feedback and details of products or services we provide you.

Your obligations when giving us personal information.

Please only give us up to date and correct information. Please don’t give us personal information about someone else unless they have consented to you sharing their personal information with us and have agreed to this Privacy Policy.

Where we collect your information from

Where possible we collect your personal information directly from you, such as when you set up an account, contact us via email, phone, our website or social media, post content or place an order for products or services.

Sometimes, we collect your personal information from:

other sites (like social media),
companies or people that work with us,
publicly available information, or
other people you have authorised us to collect it from.

We may also collect information while you use our website or service using technology like cookies, in accordance with the section below.

Cookies and other tracking technologies

We use cookies and similar tracking technologies to monitor your activity on our website and store certain information. Cookies are small data files placed on your device that enable us to enhance and personalise your online experience, understand website usage, and improve our services. The cookies we use may include: essential cookies necessary for the functioning of the website; performance cookies to monitor site usage; functional cookies that remember your preferences; and targeting or advertising cookies to deliver personalised content and advertisements.

You can manage your preferences at any time to withdraw your consent to our use of cookies by either accessing the cookie settings on our website or directly through your web browser. For more information on how to manage and delete cookies, visit https://www.aboutcookies.org/ or www.allaboutcookies.org. Withdrawing your consent may impact your user experience and prevent you from using certain parts of our website. Essential cookies, necessary for the operation of the website, cannot be rejected as they are required for website security and accessibility.

Why we collect your information

We may collect your information for the following purposes:

to deliver our products or services to you
to communicate with you including responding to questions from you
to improve your personal experience on our website
to perform analytics and conduct research
to get feedback to improve our products or services
to collect any money you owe us
to handle complaints and disputes
to comply with our legal and contractual obligations or enforce our legal rights
to promote our products or services to you and provide other information we think you may find interesting (including information promoting our business partners)
to protect you from anyone else pretending to be you, or
for any other purposes expressly authorised by you in writing.

Using your information

We will only use your personal information for the purposes we collected it. If we don’t need your personal information anymore, we will stop using it and delete it from our systems securely.

Who we share your information with

We may share your personal information with others for the purposes specified above. This may include:

any business that helps us or works with us to provide our products or services or operate our business (for example, distributors, suppliers, service providers, technology providers, cloud-providers, or professional advisors)
any other person as required or authorised by law
in connection with, or during negotiations of, any sale of our assets or all or a portion of our business, or
anyone else, as explicitly authorised by you in writing.

Transfer of information to other countries

We might transfer to, and store your personal information in, countries outside New Zealand. These countries may not have the same data protection regulations as New Zealand.

We only disclose your information outside New Zealand where the person we disclose it to: (i) is doing business in New Zealand (and must comply with the Privacy Act 2020); (ii) will, we believe, adequately protect the information; (iii) must comply with similar privacy laws to the Privacy Act 2020; or (iv) where you have told us we can.

How we keep your information safe and secure

We have put in place suitable physical, electronic, and managerial procedures to keep personal information safe and secure and protect it from misuse, interference, loss, or unauthorised access, modification, and disclosure. However, we cannot guarantee the security of any information that you transmit to us or receive from us.

How you can access and correct your information

You can ask us to show you what personal information we hold about you, and to correct any mistakes, by emailing alistair@thegarageproject.co.nz. If there is a legal reason we can’t let you see the information, or if we don’t agree with your correction, we will give you our reasons and note your requested correction to the information.

Direct Marketing

We may contact you by telephone, regular mail, or electronically (email, SMS or via other electronic means) with promotional material and offers of products or services from us, our related companies, as well as offers from our business partners that we consider may be relevant and of interest to you. You can unsubscribe from receiving these messages at any time by emailing us at cindy@thegarageproject.co.nz or using the opt-out function provided with the message.

How to make a privacy complaint

If you think we have not followed our privacy obligations, you can make a complaint by contacting us at alistair@thegarageproject.co.nz. You can also make a complaint to the New Zealand Privacy Commissioner by emailing enquiries@privacy.org.nz.

Changes to this Privacy Policy

We may change this Privacy Policy at any time. We will notify you of any significant changes by posting the new Privacy Policy on our website. If you have any questions about this policy, please contact us at alistair@thegarageproject.co.nz.

Effective date of policy: 01 October 2024