Terms of Trade - PlayLogy Ltd

  1. About PlayLogy
    • PlayLogy is a service where parents may Purchase educational toy boxes for their children.
    • All Purchases are transacted through PlayLogy’s Website.
  2. Conditions Applicable
    • These Conditions shall apply to all Purchases, to the exclusion of all other terms and conditions the Customer shall seek to apply.
    • All Purchases shall be deemed to be a Purchase and shall constitute a separate contract governed by these Conditions.
    • Acceptance of delivery of a Box shall be deemed conclusive evidence of the Customer’s acceptance of these Conditions.
    • Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by PlayLogy.
  3. Definitions
    • In these Conditions, unless the context requires otherwise:
      • Box means an activity box which forms part of a Purchase.
      • Customer means the person who buys or agrees to buy a Box from PlayLogy.
      • Conditions means these terms and conditions of sale.
      • Delivery Date means the estimated date by which a Box will be delivered to the Customer.
      • E-Commerce Services means the services available through the Website by which amounts payable to PlayLogy may be paid to by online credit card transaction and E-Commerce Process shall mean the process by which those services are provided.
      • Price means the total price payable for a Box, as advertised on the Website, and which includes GST but excludes delivery costs and other advertised fees which shall be applied separately as part of the E-Commerce Process.
      • PlayLogy means Playlogy Limited and includes its subsidiaries and related companies.
      • Purchase means an order for a Box transacted through the Website or by offline means.
      • Website means our website located at www.PlayLogy.com.au
      • Website Account means the account set up by the Customer on the Website to manage their Purchases.
  1. Website Ordering
    • Before transacting any Purchases, the Customer must enter details into an online form. 
    • The Customer warrants that all information entered as part of the order process are true and correct.
  2. Price
    • The Price shall be the price as stipulated on the Website and shall be transacted using our E-Commerce Services.
    • Delivery charges shall be calculated as part of the E-Commerce Process and are payable in addition to the Price.
    • PlayLogy shall not be bound to deliver any Box forming part of a Purchase until the Customer has paid for them (plus any additional charges).
  3. Use of E-Commerce Services
    • PlayLogy accepts no liability or responsibility for the refusal or reversal of payments which are matters between the Customer and the Customer’s credit card provider.
    • The Customer agrees not to use the E-Commerce Services for any improper, injurious, offensive or unlawful purpose.
    • In using the E-Commerce Services, the Customer represents and warrant that he/she is over 18 and has legal capacity to contract in New Zealand. If the Customer is using a credit card, the Customer represents and warrant that the credit card is issued in the Customer’s name and that the Customer shall pay to the credit card issuer all charges incurred through the use of our E-Commerce Services.
    • Upon completing a transaction using the E-Commerce Services, the Customer will be presented with a confirmation screen verifying the transaction details the Customer wishes to process. It is the Customer’s responsibility to verify that all transaction information and other details are correct. The Customer should print the transaction confirmation for future reference. PlayLogy shall have no liability for transactions which are incorrect because of inaccurate data entry in the course of providing E-Commerce Services or for loss of data or information caused by factors outside of its control.
    • PlayLogy cannot guarantee that the E-Commerce Process, and/or the Customer’s use of the E-Commerce Services will be faultless, immediate, continuous, and virus free, nor that information provided through the E-Commerce Process will be complete, accurate or up to date. Playlogy will endeavour, however, to ensure the E-Commerce Services are available at all times, subject to maintenance.
    • The E-Commerce Services are provided through a secure website using SSL (secure socket layer) encryption. However, the Customer acknowledges and agrees that Internet transmissions are never entirely secure or private, and that any message or information the Customer sends to or through the Website (including credit card information) may be read or intercepted by others, even where a Website is stated as being secure. Neither we nor payment providers shall have any liability for the interception or 'hacking' of data through the Website by unauthorised third parties.
    • Playlogy shall be entitled at any time without prior notice or any liability, to alter, cancel or suspend any or all E-Commerce Services temporarily or permanently and/or to substitute alternative services, which may or may not be interactive or transactional in nature.
  4. Delivery of the Boxes
    • Delivery of the Boxes shall be made to the address provided by the Customer as part of the Purchase. The Customer shall make all arrangements to take delivery of the Boxes whenever they are tendered for delivery.
    • PlayLogy is not responsible for any delay in delivery
    • The Customer shall immediately notify Playlogy if a Box is not received within 14 days of the Delivery Date.
  5. Guarantees
    • The Customer acknowledges that the Boxes are for personal and domestic use and the Consumer Guarantees Act 1993 applies to all Purchases.
    • The following consumer guarantees shall apply:
      • If any of the Boxes fail to comply with any guarantee in the Consumer Guarantees Act, PlayLogy will repair or replace that Box.
      • Without excluding guarantees provided under the Consumer Guarantees Act 1993, the Customer acknowledges that PlayLogy does not provide any express guarantees (as defined in that Act) other than those expressly confirmed by PlayLogy in writing.
    • No guarantee is provided that any benefit will accrue to users of the Boxes and the Customer is responsible for his/her own evaluation of any benefits (educational or otherwise) provided by the Boxes.
    • The Customer must notify PlayLogy about any defect in the Boxes within seven days of receipt after which time the Customer shall be deemed to have accepted the Box.
    • Where rejected due to a defect, the Box shall be held for inspection to enable a claim to be made on the carrier. If requested, the Customer must return the Box to PlayLogy (at PlayLogy’s cost).
    • After acceptance, the Buyer shall not be entitled to reject Boxes which are not in accordance with the Purchase or which are defective and PlayLogy shall have no liability whatever to the Customer in respect of that Box.
  6. Refunds and Returns Policy
    • Where clauses 8.4-8.6 or clause 9.2 does not apply, Playlogy will only provide a refund or return in the following circumstances:
      • The Customer notifies PlayLogy of its desire to return the Box within 7 days of receipt.
      • The Customer returns the Box without damage and in its original packaging within 7 days of notifying PlayLogy that the Customer wishes to return the Box.
      • The Customer pays all costs associated with returning the Box to PlayLogy and (where applicable) the costs of providing a substitute Box.
    • Overpayment: A refund will only be provided when it has been proven that there has been an overpayment or where PlayLogy are obliged to provide a refund by law. When applying for a refund the Customer must provide Playlogy with proof of the overpayment or provide reasons why the refund should be made. If the refund request is accepted, the refund will be transferred back to the originating credit card or held to the Customer’s credit against future Purchases. No cash refunds will be given.
  7. Termination of Account
    • Where:
      • the Customer fails to make payment of the Price including where the credit card issuer refuses or reverses any payment; or
      • the Customer commits any other breach of these Conditions;
      • The Customer is adjudged bankrupt or any other step is taken which is analogous to bankruptcy, including where there is evidence the Customer cannot pay tier debts as they fall due.

then PlayLogy may terminate the Customer’s Website Account thereby preventing the Customer making any further Purchases.

  • In addition, PlayLogy may, in its absolute discretion, and without prejudice to any other rights it may have:
    • Suspend all future supply of Boxes to the Customer; and/or
    • Charge interest at the rate of 2% per month on all sums outstanding;
    • Collect any sums owing, in which case the Customer shall be liable for any collection costs incurred on a solicitor / own client basis;
    • Exercise any of its rights to retain title to the Goods or provided under the Personal Property Securities Act 1999.
  1. Privacy
    • The Customer authorises PlayLogy to collect information about the Customer (including information about transactions processed by the Customer) and the Customer’s children from time to time through the Website. Any such information collected shall be treated in accordance with PlayLogy’s Privacy Policy and the Customer has rights of access to that information collected under the Privacy Act 1993.
    • The Website also uses a shopping cart operated by Shopify and a payment gateway operated by Shopify Payments]. They will also collect information about the Customer (including information about transactions processed by the Customer) from time to time through the Website. Such information collected shall be treated in accordance with their privacy policies.
    • The Customer’s use of the E-Commerce Services means that the Customer agrees to provide information through electronic means. This means the Customer agrees to provide any relevant information in the format and to the standards described for each transaction. It also means the Customer agrees and understands that the information will be retained in electronic form.
    • The Customer agrees that its personal information may be used by Playlogy to advise the Customer of Playlogy’s other goods and services.
    • The Customer authorises the disclosure of personal information held by any other party to Playlogy regarding any previous sale agreements entered into by the Customer and/or any information in relation to the financial position of the Customer.
    • The Customer agrees that Playlogy may release to other parties’ information regarding any Purchase to enforce these Conditions or when required by law.
  2. Limitation of Liability
    • Whilst every effort has been taken to ensure that the Boxes are safe for children, the Customer agrees that it will carry out their own evaluation of the safety of the Box for their children and it will supervise their children in respect of their use of the Boxes to ensure no harm is caused. PlayLogy shall not be held liable for any loss or damage which occurs to users of the Boxes, including children.
    • Subject to any rights which the Customer may have under the Consumer Guarantees Act 1993, except as expressly prohibited by law, in no event will PlayLogy be liable to the Customer for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even where Playlogy has been advised of the possibility of such damages occurring.
    • If, notwithstanding the foregoing, PlayLogy is found to be liable to the Customer for any damage or loss which arises as a result of a Box, or the Customer’s use of the Website or the E-Commerce Services, PlayLogy’s liability shall not exceed the dollar amount of the transaction which formed the basis of the damage or $100.00, whichever is the lesser. Otherwise, the Consumer Guarantees Act 1993 is excluded to the fullest extent permitted by law.
  3. Force majeure
    • Neither party shall be liable for any default due to any act of God or civil disturbance, malicious damage, strike, lock-out, industrial action, fire, flood, drought, pandemic, extreme weather conditions, compliance with any law or governmental order, rule, regulation, direction or any other circumstance beyond the reasonable control of either party;
    • Each party shall give notice forthwith to the other upon becoming aware of a force majeure event, the notice to specify details of the circumstances giving rise to the force majeure event.
  4. Amendment
    • The Conditions may be altered or reviewed by Playlogy, with or without notice. The Customer should check and read these Conditions carefully each time the Customer makes a Purchase.
  5. Dispute resolution
    • If any dispute or difference shall arise between the parties as to the meaning of these Conditions, or any matter or thing arising out of or connected with these Conditions, then the parties shall attempt to settle that difference by negotiation.
    • Where negotiation is unsuccessful then the dispute shall be referred to mediation with the mediator being agreed by the parties or in the absence of agreement being appointed by LEADR. The costs of mediation shall be borne equally by the parties.
  6. Jurisdiction
    • These Conditions and the online services they cover are governed by New Zealand law. All transactions which occur through our E-Commerce Process occur in New Zealand.
    • The Customer agrees to submit to the exclusive jurisdiction of the New Zealand Courts.