Terms & Conditions
Outdoor Sports New Zealand Ltd Trading as Prodive
Website Terms & Conditions
1.4 All rights not expressly granted to You under this Agreement are reserved.
2. Your Obligations
2.1 You will not violate or attempt to violate the security of the Website. You will not hack into the Website, Prodive's computer systems or the computer systems of other users of the Website. Hacking means unauthorised access, malicious damage and/or interference and includes, without
limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of our computer system or Website.
2.2 You are solely responsible for the security of all usernames and passwords used by You to access the Website and conduct any transaction available via the Website. Prodive will not be responsible for any unauthorised access to the Website or misuse of any usernames or passwords. You must notify Prodive of any suspected or actual unauthorised access to a username or password.
2.4 Prodive reserves the right to cancel a person's user name or password at any time.
3. Shopping terms and conditions
3.1 Prodive's products may be purchased online or in store. See our website for retailer locations.
3.3 Prodive reserves the right to add, modify or discontinue any of the services offered on the Website at any time without notice. Prodive will not be held liable for any decision to modify or discontinue a service.
3.4 From time to time scheduled or unscheduled down time on Prodive's Website may occur. Prodive will work within reason to ensure the down time is limited. Prodive will not be held liable for any consequences of any down time.
4. Placing an order
4.1 By completing an order, You are making an offer to purchase the product at the price set out in the Website, subject to any subsequent notification of price by Prodive to You in accordance with clause 5.2.
4.2 All orders placed through this Website are subject to confirmation and acceptance by Prodive. Prodive will confirm that it is has received Your order by sending You an email following placement of your order and will be taken to have accepted Your order upon shipment of the product to You. Prodive may reject Your order, and refund any payment made by You, at any time prior to shipment of the product and acceptance by Prodive.
5. Pricing and payment
5.1 Payment is made in New Zealand dollars and include NZ GST (15% sales tax). If You pay for Your Product in any currency other than Australian dollars, the amount You have paid for Your Product will be subject to foreign exchange rate fluctuations. All prices exclude any shipping charges.
5.2 All prices are correct at the time of publication on our Website. Prodive may vary prices in the event of price changes or mistakes on reasonable prior notice to You. If Prodive requests payment for increased prices, You may cancel the order by giving notice to Prodive, which must be received within seven days of the announcement of the increase.
5.3 Products on our Website displayed on the site shopping areas can be purchased using the secure online facility. Prodive accepts Visa, MasterCard, and American Express. You warrant that You are an authorised user of the credit card used to complete payment in accordance with this clause 5.3.
5.4 When an order is submitted, the actual payment (including applicable taxes) for products purchased by You via the Website is deducted immediately from either the debit or credit card, listed at 5.3 above. All payments are therefore made in full at the time your order is submitted.
6.1 You are entitled to a replacement or refund of your goods, in line with our Return Policy. You may access our Return Policy by following the link at 1.2 above.
6.2 Please note that where the goods are faulty they must be returned to us within a reasonable time. For all other terms please see the Return Policy.
7. Shipping Policy and Costs
7.1 For shipping within New Zealand, Prodive estimates that Your order should arrive within five business days from the date at which payment is received.
7.2 If Your order has not arrived within five business days, please contact us as set out in clause 14.
7.3 Shipping costs within New Zealand (in NZ dollars not including GST):
TOTAL (Shopping Cart)
$0.00 - $99.99
$100.00 and over
8.2 Prodive endeavours to make sure our Website and Your personal information is secure through using the latest encryption technology. Prodive will not be responsible for any loss suffered as a result of unauthorised access to Your account by a third party.
8.3 Prodive makes no guarantee or warranty in relation to information used or relied upon from third party websites, accessed via our Website. All links to third party websites are accessed and used at Your risk.
9. Intellectual Property
9.1 All information of a confidential nature disclosed by Prodive to You either under this Agreement or in accessing or using the Website, will remain confidential and must not be disclosed by You to any third party.
9.2 The name " Prodive " and the Prodive logo and Prodive brand are trademarks, service marks, registered trademarks, copyrights or other intellectual property of Prodive and its affiliates (Prodive IP). Prodive owns all of the Prodive IP under this Agreement. You may not use or display any Prodive IP during the course of Your use of, or in connection with the access or use of the Website without Prodive's prior written consent.
10. Limitations of Liability
10.1 Prodive makes no representations or warranties of any kind, express or implied as to the operation or suitability of the Website except as otherwise provided under applicable laws.
10.2 You agree that Your access to, purchases or supplies under and use of the Website is subject to this Agreement and is at Your sole risk. The Website is provided to You on an "as is" basis and many contain errors, faults and inaccuracies and may not be complete and current. All terms implied by law, except those that cannot be lawfully excluded, are excluded.
10.3 To the fullest extent permitted by law, neither Prodive nor its affiliates, subsidiaries, related bodies corporate, directors, officers, employees, agents, contractors, successors or assigns (Prodive's Related Bodies) will be liable for any damages, economic loss or other loss whatsoever arising out of, or in any way related to, the use or access of the Website. This limitation applies to direct, indirect, consequential, exemplary, incidental, special, punitive or any other losses or damages that You or others may suffer, including damages for loss of profits, goodwill, use, business interruption or the loss of data or information.
10.4 Certain legislation, including the Consumer Guarantees Act (CGA) may create certain rights and remedies which cannot be excluded, restricted or modified except to a limited extent. This Agreement must be read subject to those statutory provisions. If those statutory provisions apply, notwithstanding any other provision of this Agreement, to the extent to which Prodive is entitled to do so, Prodive limits its liability in respect of any claim under those provisions to:
(a) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; and
(b) in the case of services, the supplying of the services again or the payment of the cost of having the services supplied again.
10.5 The limitation of Prodive's liability applies whether the claim is in contract, tort (including without limitation, negligence) or equity and even if Prodive has been notified of the possibility of such loss or damage.
10.6 You agree that Prodive's liability, if any, to You at law will be reduced by the extent to which You contributed to the loss.
11.1 You indemnify Prodive in respect of any liability incurred by Prodive for any loss, cost, damage or expense howsoever caused, or suffered by Prodive as a result of Your breach of this Agreement.
12.1 Prodive may at any time and without notice, terminate this Agreement. Prodive shall not be liable for any cost, expense or damages whatsoever for termination of the Agreement.
13. General Provisions and Interpretation
13.1 The Website may be accessed throughout New Zealand and overseas. Prodive makes no representations that the content of the Website complies with the laws (including intellectual property laws) of any country outside New Zealand. If You access the Website from outside New Zealand, You are responsible for complying with the laws in the place where You access the site.
13.2 This Agreement is to be read in conjunction with any other agreement and any transaction contemplated under another agreement which may be conducted via the Website and will be governed by the terms of this Agreement and the other agreement. However, except to the extent required to give effect to this clause, the terms of any other agreement will prevail to the extent of any inconsistency between these this Agreement and the terms of the other agreement.
13.3 This Agreement is governed by the laws of New Zealand and You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand and waive any claim or objection based on absence of jurisdiction or inconvenient forum.
13.4 Prodive will not be liable for any delay or failure to perform any of its obligations under this Agreement if such delay or failure is due to a force majeure event including strikes, riots fire, explosions acts of God, war, governmental action or any other cause which is beyond Prodive's control.
13.5 If a provision of the Agreement is invalid or unenforceable it will be read down or severed to the minimum extent of the invalidity and unenforceability and the remaining provisions will remain in full force.
13.6 Prodive may freely assign this Agreement and the rights grants hereunder without restrictions. You will not assign, novate or otherwise transfer any rights granted to You or any of its duties hereunder without the prior written consent of Prodive. Any attempt to do so will be void and of no effect.
13.7 In the event that any provisions of this Agreement are held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.
13.8 The failure of Prodive to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.
13.9 This Agreement is the entire agreement of the parties and supersedes all other representations, negotiations, arrangements, communications, understandings or agreements, whether written or oral.
13.10 Nothing in this Agreement shall constitute a partnership or joint venture between You and Prodive.
13.11 The headings are for convenience only and do not affect the interpretation of this Agreement.
13.12 The words "including" or "includes" means "including, but not limited to", or "includes, without limitation" respectively.
13.13 The rights, remedies and powers of the parties under the Agreement are cumulative and do not exclude any other rights, remedies and powers.