1. Introduction

1.1 These Terms and Conditions shall govern the sale and supply of downloadable eBook/s through www.phwlove.co.nz and the use of those eBook/s.

1.2 You will be asked to give your express agreement to these Terms and Conditions before you place an order on the website.

1.3 This document does not affect any statutory rights you may have as a consumer.

2. Interpretation

2.1 In these Terms and Conditions:

     (a) “we” means PHW Love (and “us” and “our” should be construed accordingly)

     (b) “you” means a customer or prospective customer under these Terms and Conditions (and “your” should be construed accordingly)

     (c) “eBook/s” means the eBook/s available for purchase on www.phwlove.co.nz; and

     (d) “your eBook/s” means any such eBook/s you have purchased through www.phwlove.co.nz (including any enhanced or upgraded versions we may make available to you from time-to-time).

3. Order Process

3.1 The advertising of eBook/s on www.phwlove.co.nz constitutes an “invitation to treat” rather than a contractual offer.

3.2 No contract will come into force until we accept your order in accordance with the procedure set out in Section 3.

3.3 To enter into a contract to purchase downloadable eBooks, the following steps must be taken: Ebooks must be purchased through the checkout; provide the data required to process your order (name, surname, email address, country of residence); consent to the terms of this document; you will be transferred to your payment service provider’s website, once completed you will be able to download your eBook/s, an acknowledgement email will be sent; (at which point your order is a binding contract).

4. Prices

4.1 All prices quoted on www.phwlove.co.nz are in New Zealand dollars and are inclusive of GST.

4.2 Prices quoted on the website may change, this will not affect contracts previously in force.

5. Payments

5.1 You must, during the checkout process, pay the prices of any eBook/s you order.

5.2 Payments may be made by any of the permitted methods specified on our website at the time of purchase.

6. Licensing of eBook/s

6.1 We will supply your eBook/s to you in the format or formats specified, and by such means and within such periods as are specified on www.phwlove.co.nz.

6.2 Subject to your payment and compliance with these Terms and Conditions, we grant to you a worldwide, non-expiring, non-exclusive, non-transferable licence to make any use of your eBook/s permitted by Section 6.3, providing you do not under any circumstance use your eBook/s that is prohibited by Section 6.4.

6.3 The “permitted uses” of your eBooks are:

     (a) downloading one copy of each eBook

     (b) making, storing, and viewing copies of your eBook/s on no more than 3 desktop, laptop, notebook, or storage devices combined

     (c) making, storing, and viewing copies of your eBook/s on no more than 3 eBook readers, smartphones, tablet computers or similar mobile devices; and

     (d) printing one single copy of each of your eBook/s solely for your own use.

6.4 The “prohibited uses” of your downloads are:

     (a) the publication, sale, licensing, sub-licensing, renting, transferring, transmission, broadcasting, distribution, or redistribution of any eBook (or part thereof) in any format

     (b) the editing, modification, adaptation, or alteration of any eBook (or part thereof), and creation of any derivative work incorporating any download (or part thereof)

     (c) the use of any eBook (or part thereof) in any way that is unlawful or in breach of any person’s legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory, or otherwise objectionable

     (d) the use of any eBook (or part thereof) to compete with us, whether directly or indirectly

     (e) any commercial use of any eBook (or part thereof); and

     (f) the circumvention or removal of, or any attempt to circumvent or remove, the technological measures applied to any eBook for the purpose of preventing unauthorised use.

6.5 You warrant to us you have access to the necessary computer systems, media systems, software, and network connections to receive and enjoy the benefit of your eBook/s.

6.6 All intellectual property rights and other rights in the eBook/s not expressly granted by these Terms and Conditions are hereby reserved.

6.7 You must retain, and must not delete, obscure, or remove, copyright notices and other proprietary notices on or in any eBook.

6.8 The rights granted to you in these Terms and Conditions are personal to you, and you must not permit any third party to exercise these rights.

6.9 If you breach any provision of these Terms and Conditions, then the licence set out in Section 6 will terminate automatically upon such breach.

6.10 You may terminate the licence set out in Section 6 by deleting all copies of the relevant eBooks in your possession or control.

6.11 Upon the termination of a licence under Section 6, you must, if you have not previously done so, promptly, and irrevocably delete from your computer systems and other electronic devices all copies of the relevant eBook/s and permanently destroy any other copies of the eBook/s in your possession or control. 

7. Distance Contracts: Cancellation Right

7.1 This Section 7 applies if and only if you offer to contract, or are in contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft, or profession.

7.2 You may withdraw an offer of contract or an already established contract with us through www.phwlove.co.nz, at any time within the period:

     (a) beginning upon the submission of your offer; and

     (b) ending at the end of 14 days after the day on which the contract is entered into, subject to Section 7.3. You do not have to give any reason for your withdrawal or cancellation.

7.3 You agree we may have begun the provision of eBook/s before the expiry of the period referred to in Section 7.2, and you acknowledge that; if we have begun the provision before the end of that period, you will lose the right to cancel referred to in Section 7.2.

7.4 In order to withdraw an offer to contract or cancel a contract on the basis described in Section 7, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.

7.5 If you cancel an order on the basis described in Section 7, you will receive a full refund of the amount you paid to us in respect of the order.

7.6 We will refund money using the same method used to make the payment unless we have expressly agreed otherwise.

7.7 We will process the refund due to you as a result of cancellation on the basis described in Section 7 without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.

8. Warranties and Representations

8.1 You warrant and represent to us that:

     (a) you are legally capable of entering into binding contracts, and of age to receive adult content

     (b) you have full authority, power, and capacity to agree to these terms and conditions; and

     (c) all the information that you provide to us in connection with your order is true, accurate, complete, current, and non-misleading.

8.2 We warrant to you that:

     (a) your eBook/s will be of satisfactory quality

     (b) your eBook/s will be reasonably fit for any purpose that you make known to us before a contract under these terms and conditions is made

     (c) your eBook/s will match any description of it given by us to you; and

     (d) we have the right to supply your eBook/s to you.

8.3 All warranties and representations relating to eBook/s are set out in these Terms and Conditions. To the maximum extent permitted by applicable law and subject to Section 9.1, all other warranties and representations are expressly excluded.   

 

9. Limitations and Exclusions of Liability

9.1 Nothing in these Terms and Conditions will:

     (a) limit or exclude any liability for fraud or fraudulent misrepresentation

     (b) limit any liabilities in any way that is not permitted under applicable law; or

     (c) exclude any liabilities that may not be excluded under applicable law, and, if you are a consumer, your statutory rights will not be excluded or limited by these Terms and Conditions, except to the extent permitted by law.

9.2 The limitations and exclusions of liability set out in Section 9 and elsewhere in these Terms and Conditions:

     (a) are subject to Section 9.1; and

     (b) govern all liabilities arising under these Terms and Conditions or relating to the subject matter of these Terms and Conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms and Conditions.

9.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our control.

9.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, or goodwill.

9.5 We will not be liable to you in respect of any loss or corruption of any data, database, or software.

9.6 We will not be liable to you in respect of any special, indirect, or consequential loss or damage.

9.7 You agree you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these Terms and Conditions.

10. Variation

10.1 We may revise these Terms and Conditions from time-to-time by publishing a new version on www.phwlove.co.nz.

10.2 A revision of these Terms and Conditions will apply to contracts entered into at any time following the revision but will not cancel previous contracts made.

11. Assignment

11.1 You hereby agree we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms and Conditions – providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these Terms and Conditions.

11.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms and Conditions.

12. No Waivers

12.1 No breach of any provision of a contract under these Terms and Conditions will be waived except with the express written consent of the party not in breach.

12.2 No waiver of any breach of any provision of a contract under these Terms and Conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.

 

13. Severability

13.1 If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

13.2 If any unlawful and/or unenforceable provision of these Terms and Conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

14. Third Party Rights

14.1 A contract under these Terms and Conditions is for mutual benefit and is not intended to benefit or be enforceable by any third party.

14.2 The exercise of the parties’ rights under contract under these Terms and Conditions is not subject to the consent of any third party.

15. Entire Agreement

15.1 Subject to Section 9.1, these Terms and Conditions shall constitute the entire agreement in relation to the sale, purchase and use of downloaded material, and shall supersede all previous agreements in relation to the downloads and their use.

16. Law and Jurisdiction

16.1 These Terms and Conditions shall be governed by and construed in accordance with New Zealand law.

16.2 Any disputes relating to these Terms and Conditions shall be subject to the non-exclusive jurisdiction of the courts of New Zealand.

17. Statutory and Regulatory Disclosures

17.1 We will not file a copy of these Terms and Conditions specifically in relation to each user or customer and, if we update these Terms and Conditions, the version to which you originally agreed will no longer be available to view. We recommend saving a copy of these Terms and Conditions for future reference.

17. Statutory and Regulatory Disclosures

17.1 We will not file a copy of these Terms and Conditions specifically in relation to each user or customer and, if we update these Terms and Conditions, the version to which you originally agreed will no longer be available to view. We recommend saving a copy of these Terms and Conditions for future reference.

17.2 These Terms and Conditions are available in English only.

18. Our Details

18.1 This website is owned and operated by Author PHW Love

18.3 Our principal place of business is Auckland, 0614 New Zealand

18.4 You can contact us:

     (a) using our website contact form

     (b) by email using the email address published on our website

Last update: 04/07/2024