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Terms of sale 4
9. How we may use your personal information
9.1 Use of your information: Any personal information that you provide to us during the course of your purchase of Products will only be used in accordance with these Terms and applicable law.
9.2 Your consent to our use of your data: By providing us or authorising us to collect any personal information you authorise us to:
(a)use, hold and disclose personal information for the purposes of delivering the Prodcuts to you and providing our customer services and support; and
(b)use or transfer personal information to our related companies or services providers in connection with the performance of our obligations or exercise of our rights under these Terms.
9.3 Information relating to a third party: If you provide us with any information about a third party or authroise us to collect that information, you confirm that you are authorised by the individual concerned to provide their personal information to us or authorise the collection of information about them in accordance with this clause. You also confirm that you have informed the individual of their rights to access and request correction of personal information.
9.4 Right to access and correction; You (if you are an individual) and your representatives have the right to access and request correction of, your personal information held by us by contacting us.
10. Our liability to you
10.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so: In particular, if you are a consumer, nothing in these Terms will affect your rights under consumer laws, including the CGA and the Fair Trading Act 1986 (FTA).
10.2 Refund or replacement of Products: Subject to section 10.1, if we fail to comply with these Terms (a) our liability to you is limited to replacement of or refund for Products in accordance with section 7 above; and (b) in any event, we are not responsible for any indirect, consequential or special loss or damage or any kind.
10.3 We are not responsible for events beyond our control: We will be excused from our obligation to deliver Products if non-performance is due to events beyond our reasonable control.
10.4 We are not responsible for third party websites: We are not responsible for the Trade Me Marketplace or for any third party website that we may provide links to for your convenience and information. These websites are outside our control and the provision of a link to a third party website does not imply our agreement to or endorsement of any of the information contained on the third party website or otherwise imply any association with the third party. Third party websites may have different terms of use and privacy policies, which you should review before using the third party website.
10.5 If you are a business customer: You acknowledge that, if you are acquiring (or holding yourself out of acquiring) Products supplied under these Terms in trade, for the purposes of section 43 of the CGA and section 5D of the FTA, we are both contracting out of the CGA and sections 9, 12A, 13 and 14(1) of the FTA in respect of the matters, representations or circumstances covered by these Terms.