Terms

Onesixone Limited, "Onesixone", own and run soundswitch.com. This document outlines the Terms and Conditions of usage of soundswitch.com.

SoundSwitch Website Terms & Conditions


Acknowledgment and Acceptance of Terms and Conditions

Access or linking to soundswitch.com constitutes an acknowledgment and acceptance of these Terms and Conditions and our Privacy Policy. Onesixone reserves the right to revise these Terms and Conditions and our Privacy Policy at anytime so you should therefore read them periodically before proceeding further with your access or linking to Soundswitch.com.
If you do not agree to be bound by these Terms and Conditions please do not use and/or contribute to soundswitch.com.

Use of Onesixone Websites

Onesixone websites may only be used for lawful purposes and in such a way as to respect the rights of other website users. Online behavior that constitutes harassment, the transmission of obscene material or any activity that causes distress to other users is prohibited.

You must not add any content to Onesixone websites: (i) unless you hold all necessary rights, licences and consents to do so; (ii) that would cause you or Onesixone to breach any law or other legal obligation; (iii)_ that may bring us or the Onesixone websites into disrepute; or (iv) that infringe the intellectual property rights of any person.

Ownership of Content

  • All content including, but not limited to, text, images and software that are hosted or stored on Onesixone Servers are owned, licensed or controlled by Onesixone. By posting or adding any content on to the Onesixone websites you grant us a perpetual, non-excusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way and permit us to authorise any person to do the same thing.Such licence will survive any termination of these terms.Content provided by users, is displayed entirely at the discretion of Onesixone.Onesixone reserves the right to edit or remove any user provided content without prior warning to the content provider.

  • Unauthorised reproduction of Onesixone website content is strictly forbidden. You may download or print extracts of website material for personal and non-commercial use only. Reproduction of website content for commercial purposes requires written authority from Onesixone.

    Software downloaded from Onesixone websites cannot, under any circumstances, be redistributed or made available for download on any other website, server or file sharing mechanism.

Privacy and Data Protection

Please read our Privacy Policy.

Interruptions to Service

Onesixone will endeavour to provide constant, uninterrupted access to soundswitch.com but offer no guarantees of service. Onesixone accepts no responsibility or liability for any interruptions or delays of service.

External links and user generated content

Onesixone accepts no responsibility or liability for the content provided by links to non-Onesixone websites.Onesixone does not endorse, sponser or approve any user generated content or any content available on any linked website.

LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY WARRANTIES IMPLIED BY CUSTOM OR LAW IN CONNECTION WITH YOUR USE OF THE ONESIXONE WEBSITES ARE EXCLUDED.WE ARE NOT RESPONSIBLE FOR ANY DAMAGE, INJURY, INDIRECT, CONSEQUENTIAL LOSS, LOSS OF DATA, LOSS OF PROFITS OR ECONOMIC LOSS ARISING IN CONNECTION WITH YOUR USE OF THE ONSIXONE WEBSITES.THIS DOES NOT AFFECT ANY RIGHTS YOU MAY HAVE UNDER THE CONSUMER GUARANTEES ACT 1993 (TO THE EXTENT APPLICABLE).

Jurisdiction

Your acceptance of these terms and conditions will operate as an agreement made in New Zealand and will be governed by New Zealand law, and the parties submit to the non-exclusive jurisdiction of the New Zealand courts.


ONESIXONE LIMITED TERMS AND CONDITIONS OF TRADE


1. Application of terms: These terms and conditions apply to your use of the website www.soundswitch.com (“website”), the purchase by you of products and services from the website and the supply by Onesixone Limited (incorporated in New Zealand with company number 3718996) (“Onesixone”) of products and services to you. By using this website you are confirming to us that you agree to these terms and conditions. If you do not agree to be bound by these terms and conditions you must not use this website or order products or services from Onesixone. You agree that these terms and conditions constitute an instrument in writing signed by your for the purposes of s2 of the Contracts Enforcement Act 1956, and all other applicable laws and regulations.

2. Order of products: To order any product you must fully and correctly complete an online order form and submit this to us.You are responsible for ensuring the information you give us is complete and accurate. Any online order is deemed to incorporate these terms and conditions.

3. Price: The price for any product supplied is the price set out in our website at the time and date of order. All prices are quoted in US dollars unless specifically stated otherwise. You accept the price by placing an order. Where prices are quoted as exclusive of Goods and Services Tax (“GST”) you must pay GST (if any) or any other applicable sales tax in addition to the price. Unless otherwise specified in our order confirmation, our prices are exclusive of freight and we will charge you freight costs in addition to the price.

4. Payment: The price is payable in full at the time of ordering the product. The price must be paid by credit card in accordance with our online order form. Your payment for the product will be processed through the online payment platform on our website which is operated by a third party provider. Separate terms and conditions may apply to the processing of your payment as set out on our third party provider’s payment platform/website.

5. Products: We may change the products available, the description of the products on the website and the prices of the products at any time without notice.

6. Timing/delivery: You should allow for up to a 10 working day lead time between the date you place your order and the date we dispatch the product for delivery to you. We will do our best to meet this or any other time frame we give you for supplying and delivering the product. However, these time frames are estimates only and are not guaranteed. We will not be liable for any delays. The method of delivery of the product will be at our discretion.

7. Unfilled orders: If we are unable to supply the product according to the terms of any order, then we shall notify you by contacting you at the email address given by you in your online order form. If you have made payment for that product, we will refund you the amount that you have paid us for the product that we cannot supply.

8. Risk: Risk and title to in the product passes to you on delivery.

9. Specification: You acknowledge that the product and its performance are limited to and subject to the specification relating to the product set out on the website (“Specification”) or as separately notified to you.

10. DEFECTS: YOU SHALL INSPECT THE PRODUCT ON DELIVERY AND SHALL WITHIN 5 WORKING DAYS OF DELIVERY (TIME BEING OF THE ESSENCE) NOTIFY US OF ANY ALLEGED DEFECT OR DAMAGE. IF YOU SHALL FAIL TO COMPLY WITH THESE PROVISIONS THE PRODUCT SHALL BE PRESUMED TO BE FREE FROM ANY DEFECT OR DAMAGE AND YOU WILL BE DEEMED TO HAVE ACCEPTED THE PRODUCT.

11. RETURNS: RETURNS WILL ONLY BE ACCEPTED PROVIDED THAT: (I) THE PRODUCT IS DAMAGED OR DEFECTIVE AND YOU HAVE COMPLIED WITH THE PROVISIONS OF CLAUSE

10; (II) THE PRODUCT IS RETURNED AT YOUR COST WITHIN 15 WORKING DAYS OF THE DELIVERY DATE; AND (III) THE PRODUCT IS RETURNED IN THE CONDITION IN WHICH IT WAS DELIVERED AND WITH ALL PACKAGING MATERIAL, BROCHURES AND INSTRUCTION MATERIAL IN AS NEW CONDITION AS IS REASONABLY POSSIBLE IN THE CIRCUMSTANCES. WE WILL NOT BE LIABLE FOR ANY PRODUCT WHICH HAS NOT BEEN STORED, HANDLED OR USED IN A PROPER MANNER (INCLUDING USE OUTSIDE ANY TOLERANCES SET OUT IN THE SPECIFICATION). WHERE FOLLOWING OUR INSPECTION OF ANY PRODUCT RETURNED IN COMPLIANCE WITH THIS CLAUSE WE AGREE AT OUR DISCRETION THAT THE PRODUCT IS DAMAGED OR DEFECTIVE AND THAT AS A CONSEQUENCE OF SUCH DAMAGE OR DEFECT YOU ARE ENTITLED TO REJECT THE PRODUCT WE WILL (AT OUR OPTION) (I) REFUND THE PURCHASE PRICE PAID BY YOU OR PROVIDE A CREDIT IN FOR THE INVOICE VALUE OF THE AFFECTED PRODUCT; (II) REPAIR THE AFFECTED PRODUCT; OR (III) REPLACE THE AFFECTED PRODUCT, AND IN EACH CASE REFUND YOUR REASONABLE FREIGHT COSTS (PROVIDED THAT THE AMOUNT OF SUCH COSTS REFUND SHALL BE SUBJECT TO ANY LIMIT WE MAY SET FROM TIME TO TIME).

12. EXTENT OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW WARRANTIES IMPLIED BY CUSTOMARY PRACTICE, STATUTE OR AT LAW ARE EXCLUDED. OUR LIABILITY FOR ANY DEFECTIVE OR DAMAGED PRODUCT OR FOR ANY COST, LOSS, DAMAGE OR CLAIM ARISING DIRECTLY OR INDIRECTLY IN RELATION TO ANY PRODUCT SUPPLIED BY US, WHETHER ARISING FROM CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE REMEDIES SET OUT IN CLAUSE 11 ABOVE AND SUBJECT TO THE PROVISIONS OF THAT CLAUSE. WE ARE NOT RESPONSIBLE FOR ANY DEFECT IN A PRODUCT OR ANY OTHER LOSS OR DAMAGE THAT RESULTS PARTLY OR WHOLLY FROM: (A) THE ACT OR OMISSION OF ANY THIRD

PARTY; (B) A CAUSE BEYOND OUR REASONABLE CONTROL; OR (C) FAILURE TO COMPLY WITH ANY STORAGE,USE OR HANDLING INSTRUCTIONS THAT WE GIVE YOU REGARDING THE PRODUCTS (INCLUDING WITHOUT LIMITATION AS SET OUT IN THE SPECIFICATION). WE ARE NOT RESPONSIBLE IN ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL OR SPECIAL LOSS, LOSS OF PROFITS OR ECONOMIC LOSS. IN NO CIRCUMSTANCES SHALL OUR LIABILITY IN CONNECTION WITH THE SUPPLY OF THE PRODUCT EXCEED THE PRICE PAID BY YOU FOR SUCH PRODUCT.

13. Provisions applying to commercial customers: You are a commercial customer if you acquire the product from us for use in a business. If you are a commercial customer, you agree that the Consumer Guarantees Act 1993 does not apply to the supply of the product.

14. Provisions applying to consumers: You are a consumer if you are not a commercial customer under the preceding clause. If you are a consumer, these terms of trade shall be deemed amended to the extent necessary to ensure that your rights under the Consumer Guarantees Act 1993 (where applicable) are preserved.

15. Restriction on re-sale: You may not re-sell the product in trade.

16. Intellectual Property: You acknowledge that we retain all intellectual property rights in and in relation to the product and any proprietary documentation (“documentation”) made available to you for use with the product (including any documentation available online). Nothing in these terms of trade constitutes the transfer, or the grant of any licence of, intellectual property rights to you. You must not: (i) use the product in a way that could damage our reputation or the goodwill or other rights associated with the product; (ii) copy, reproduce, disassemble or otherwise reverse engineer the product or permit any third party to do so; (iii) reproduce, make error corrections to, modify or create derivative works based on the Documentation; or (iv) modify or remove any copyright or proprietary notices on the product or the


Documentation

17. Force Majeure: We shall not be responsible in any way for any loss, damage or delay caused by circumstances beyond our reasonable control including but not limited to Acts of God, acts or restraints of governments, acts of any third party, wars or insurrections, fires, floods, strikes, riots, lockouts, “electrical malfunction”, trade disputes and unavailability of materials.

18. Privacy Act: You authorise us to collect, retain and use any information about you for the purposes of administering and enforcing these terms of trade and/or marketing products and services to you. Where you are an individual such authorisation constitutes authorisation for the purposes of the Privacy Act 1993. The Privacy Act 1993 may entitle you to have access to, and if necessary to request the correction of, any personal information that we hold about you.

19. Miscellaneous: No variation to these terms shall be effective unless it is in writing and signed by us. No delay or failure by us to act or insist on any right shall be regarded as a waiver and every right remains enforceable and may be exercised by us at any time.

20. Changes: We reserve the right to alter these terms and conditions ay any time.

21. Definitions: In these conditions the terms “we”, “us” and “our” our references to Onesixone. A reference to “you” is a reference to you, the customer. The term “product” means the SoundSwitch USB DMX dongle (being a USB DMX dongle that is interoperable with our SoundSwitch software) or (as applicable) any other product supplied by us to you from time to time.

22. Governing Law: These terms of trade are governed by New Zealand law.


Onesixone Ltd
148 Durham Street
Tauranga
3110
New Zealand