Terms and Conditions

Netpro Industries Limited Terms and Conditions of Service and Sale

These Terms and Conditions of Service and Sale relate to the use of and the purchasing of anything from the Beamsafe™ website (www.beamsafe.co.nz), or any associated platforms. The legal ownership of this website and products sold from this website is Netpro Industries Limited (Netpro).

By accessing our website, registering an account or purchasing from our website you automatically agree to these Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

Netpro may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

Parties

“Netpro”, “we”, “us” or “our” refer to Netpro Industries Limited, being a company incorporated in, existing and operating under the laws of New Zealand. “You” or “Your” refers to you as the customer and holder of an account within the Beamsafe™ website account or otherwise the user of our website and products.

Definitions

In these Terms, the following words have the following meanings:

Our IP: means intellectual property owned or licensed by Us relating to Our Website, Products or Services, including the text, graphics, logos, icons, the software and any other material underlying or forming part of this Website or Our Products or Services and includes any rights to that intellectual property, including any copyright, trade or service mark, trade or business name, logos and any other distinctive brand features, design, patent, semiconductor or circuit layout right, computer code (including source, library, object, and executable code), inventions and logical sequences, in all cases whether registered or unregistered and anywhere in the world.

Privacy Statement: means Our Privacy Statement available at www.beamsafe.co.nz/privacy

Products: means any products provided to by Us via this Website.

Services: means any services, features or functionalities provided to You by Us via this Website.

Website: means this website www.beamsafe.co.nz.

We, Us Our and Netpro: means Netpro Industries Limited.

You: means you as an individual, or the legal entity you are acting on behalf of and Your has a corresponding meaning.

Access and use of the website

Your use of the website, opening an account with Netpro on this website and/or the ordering of anything from the Beamsafe™ website creates a legally binding contract between you and Netpro that is subject to these Terms and Conditions.
We grant You the right to access and use the Services via the Website. This right is non-exclusive, non-transferable, and subject to these Terms (which may be amended from time to time) and all other terms and conditions are expressly excluded unless otherwise agreed in writing.

You may:

• temporarily download one copy of the Website content for personal, non-commercial transitory viewing only.

You may not:

• Archive, copy, reproduce, distribute, modify, display, publish, licence, create adaptations or derivative works from, offer for sale or use (except as expressly authorised under these Terms) any of the Website content;
• Circumvent, remove, alter, disable, deactivate or otherwise interfere with any security-related features of the Website;
• Use any automated tools or mechanisms including any robot, spider or scraper to access the Website or insert any code or manipulate the Website;
• Reverse engineer, disassemble or decompile any software or software processes in relation to the Website;
• use the Website content for any commercial purpose, or for any public display (commercial or non-commercial);
• remove any copyright or other proprietary notices on the Website;
• Install any viruses, worms, malware or other harmful or destructive software or thing that may impair the functionality of the Website or the ability of others to access and use the Website, Products or Services.

Our options

Under these Terms, We may:

• Edit or remove any content, features or functionality of the Website;
• Monitor Your use of the Website;

If You breach these Terms, We may:

• Suspend or terminate Your use of the Website; and/or
• Take legal action against You.

We may terminate access to the Website at any time without notice. Our No Warranty/Disclaimers and Limitation of Liability will survive such termination.

Intellectual property

Unless expressly provided for in these Terms (or separately agreed between us in writing), Your use of this Website or Our Products or Services do not transfer the ownership or grant any right or title in or to any of Our IP to You or any third party. You agree and acknowledge that:

• We retain all right, title and interest in and to the Our IP and You agree to not attack, dispute or contest the validity, or the ownership, of Our IP; and
• no ownership rights in any of Our IP are vested or created by the limited rights of use granted to You under these Terms and that all use of Our IP under these Terms, continues for Our benefit.

Governing law

The use of the website, opening an account with Netpro and/or the ordering of anything from Beamsafe™ website is subject to the laws of New Zealand. You agree to submit to the exclusive jurisdiction of the courts of New Zealand in relation to any dispute between you and Netpro.

Warranties and liability

Except as expressly stated in these Terms and Conditions or on the Beamsafe™ website, Netpro makes no warranty or representation as to the quality, merchantability, fitness for a particular purpose, condition, description, manufacture, design or performance whether express, implied by common law, law merchant, trade usage, custom or otherwise or statutory in relation to the Website as regard to the suitability or efficacy of any product purchased by you from Netpro beyond any manufacturer warranty included with the product. Nothing in the former statement modifies, negates or restricts a consumer’s rights and remedies under the Consumer Guarantees Act 1993.

Subject to your rights and remedies under the Consumer Guarantees Act 1993, to the fullest extent permitted by law, Netpro will not be liable for any:

1. Warranties, conditions and representations whether express, implied, statutory or otherwise, relating in any way to the website, your use of the website and the information, products supplied, offered to be supplied or advertised or accessed through the website; and
2. Liability (including for negligence) to you or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage), costs and expenses suffered by you or claims made against you arising from or in connection with your use of the website and the information, products supplied, offered to be supplied or advertised or accessed through this Website for any reason whatsoever (including negligence).

To the fullest extent permitted by law, Netpro’s maximum aggregate liability for any product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount paid by you to Netpro in respect of the product excluding any amount paid for delivery.

You agree that if you are a “consumer” under the Consumer Guarantees Act 1993 and you acquire any product for the purposes of a “business” (as those terms are defined in the Consumer Guarantees Act 1993), the provisions of the Consumer Guarantees Act 1993 are excluded in relation to those products. Otherwise, these Terms and Conditions are to be read subject to the terms of the Consumer Guarantees Act 1993.

You acknowledge that:

• Your use of the Website is at Your sole risk;
• The Website are provided “as is” and “with all faults”; and
• the Website may not be secure, timely, uninterrupted, error-free or otherwise reliable;
• We may cease to make available any of the Website content;
• the transmission of information via the internet is not secure and We cannot guarantee the security of Your data in transmission to or from our Website.

Indemnity

You agree to indemnify us against all liabilities, costs (including full costs between solicitor and client), losses, claims, expenses and demands incurred by us which arise from or in connection with your access or use of the Website, including but not limited to any breach by You of warranties under these Terms, and from any third party claims arising out of or incidental to Your use of this Website.

Limitation of liability

Despite anything else contained in these Terms, any liability to You by Us in respect of anything arising from or concerning these Terms or the Website or any of the Products or Services, whether arising in tort (including negligence), contract, breach of statutory duty, equity or otherwise arising from any relationship with You (Our liability) is excluded to the fullest extent permitted by law.

To the extent that Our liability cannot be excluded by law, or to the extent that the exclusion of Our liability would render these Terms unenforceable, You agree that the maximum amount that You will claim against Us (in total) and the maximum amount that We (in total) are liable to You for is one New Zealand dollar or the next largest amount that would be needed to render these Terms (including these exclusion and limitation provisions) enforceable for Our benefit.

Despite anything else contained in these Terms, You agree that We are not liable to You (or to anyone else) for any failure or delay in the performance of Our obligations under these Terms to the extent that the failure or delay is caused, directly or indirectly, by an event outside Our reasonable control.

No warranty for use of website

While Netpro endeavours to ensure that no computer virus or malicious software is contained on our website, Netpro makes no warranty as to your use of the website and Netpro will have no liability for any damage to your computer or other hardware as a result of your use of the Website.

Limitations and permissions

You may not make use of any logo or trademark displayed on the website without the express written consent of Netpro. You may link to the website from any other website provided that you agree to immediately remove that link if requested by Netpro.

Links to 3rd party websites

The website may contain links to websites that are not controlled by Netpro (Third Party Websites). Netpro makes no promises or warranties as to the content or security of any Third Party Website and you link to and use any such Third Party Website at your own risk.

Privacy

We collect, hold and protect the personal information you share with us in accordance with our Privacy Policy. Please read this for detailed information regarding our approach to your privacy.

You’re in control of your personal information, and can ask for us to share this with you or delete this at any time. To do this, simply email [email protected] and we’ll action your request within 7 workings days.

By using the Website, You agree to abide by and comply with Our Privacy Statement located at www.beamsafe/privacy/. You agree that We can send You information relating to Our Products and Services by using electronic messages or other means. You may unsubscribe from the electronic messaging services at any time by emailing Us at [email protected].

Consent

Consent to use cookies

Our website uses cookies to give you the best user experience. Read more about the use of cookies in our Privacy Policy.

Consent to receive email communications

By using our site, registering for an account or making an order, you consent to us sending you relevant transactional emails about your user account and/or order.

You may be asked if you would like to receive Netpro promotional emails from the Beamsafe™ website when you visit this website, place an order or when you register for a Beamsafe™ account. If you chose to receive these emails you can unsubscribe from these promotional emails at any time (simply click on the link in the footer of any promotional email we send you).

If you unsubscribe from promotional emails:

• Your account will still be valid, and
• You will continue to receive Netpro transactional emails regarding site usage, orders and account status

Accuracy of information

The information appearing on Beamsafe’s™ website could include technical, typographical, or photographic errors. Netpro does not warrant that any of the information on its website are accurate, complete or current. Netpro may make changes to the information contained on its website at any time without notice. However Netpro does not make any commitment to update the information. To the fullest extent permitted by law, Netpro does not accept any liability for any damage which may directly or indirectly result from any advice, opinion, information, representation or omission, whether negligent or otherwise, contained on our website.

Linked sites

This Website may contain links to other websites of which We do not have control and are not governed by these Terms or Our policies. Any link to other websites is not an endorsement of those websites by Us and We are not responsible for the content, accuracy and/or availability on those websites.

Pricing

The prices displayed on the www.beamsafe.co.nz website are quoted in NZD dollars and are exclusive of GST. GST is applicable to all orders delivered within New Zealand.

Sales to customers outside of New Zealand may be subject to the payment of taxes and charges in their country. These will typically be payable by you before the package is able to be released from customs or your countries postal services provider. As these charges are outside of our control, Netpro accept no liability for the advance notice or payment of any such charges levied by your countries customs, import or postal authorities.

Prices for the products and services listed on the site are subject to change without any notice. We do our best to provide accurate pricing information but errors can occur from time to time. We have the right to refuse or cancel any orders placed for products incorrectly priced.

Product availability

Product availability is subject to change without notice. Whenever possible, product out of stocks are clearly highlighted on the site. If you wish to be notified when the product is back in stock please contact us, advising which product/s you are interested in and we will notify you as soon as we know when the product item is going to be back in stock. Netpro cannot extend a discount to an out of stock product.

All special offers and promotions are offered strictly only while stocks last and only for the period of the promotion. Promotional pricing or offers may be withdrawn at any time without notice once available stock is exhausted. Netpro may choose to end a promotion early for any reason. In this scenario, no rain checks will be given. Promotional expiry dates and times are listed as New Zealand standard time.

From time to time we may run short, specific price promotions without explicit promotion expiry dates in order to clear out stock or achieve other short term business objectives.

Payment

Orders will not be dispatched until satisfactory payment has been received by Netpro or any suspected fraud has been investigated. An order or transaction is not complete until products are dispatched. Netpro can refuse or cancel any order at its discretion and refund payment.

Netpro reserves the right to refuse to deliver any products ordered for any reason, including without limitation, unavailability of stock or a decision by Netpro to no longer sell a product. A refund will be given if payment has been accepted prior to any of these reasons.

Returns and Cancellations

If you change your mind about an order, we can cancel and refund a submitted order for you as long as it has not been dispatched. Please make sure you contact us with your order details as soon as possible. Unwanted products can also be returned for a refund within 30 days of purchase as long as they are in re-saleable condition (unopened, with undamaged packaging). Please refer to our Returns FAQs for information on how to do this.

If you order a durable product from us, and find it to be faulty after a short period of use please get in touch at [email protected] and we can help you reach a solution.

Promo codes

Netpro may, at its discretion, choose to offer discount promo codes to certain customers from time to time. Each promo code will have a clear expiry date and conditions for use. Promo codes cannot be exchanged or the value used for sales that do not meet the promo code conditions. No rain checks will be offered for promotions using a promo code where the product is out of stock.

The following general terms and conditions apply to all promo code promotions, unless stated otherwise in the specific promotion conditions:
Specific terms and conditions apply to promo code promotions, unless stated otherwise:

• Each promo code has specific terms and conditions that are specified in the promotion. A customer must meet the promo requirements to gain the promo code discount
• Promo codes are valid for a limited time only, and unless specified can only be used by the account holder whom the promo code was offered to by Netpro. Netpro reserves the right to cancel the order or refuse the discount to customers using promo codes offered to another customer
• Netpro reserves the right to modify or cancel a promo code at any time
• Netpro promo codes are single use codes, they cannot be used a second time on a subsequent order that meets the requirements of the promotion
• A customer can only use one promo code per order. If they have an order where the cart meets two promotions, the first promo code entered will be used. When a customer enters the second promo code, this will be rejected, despite their order meeting the promotional requirements
• If the promotion has a minimum purchase requirement, taxes and delivery do not apply toward the minimum purchase amount
• Promo codes are not transferable, and may not be resold or redeemed for cash
• If you change your mind about your order or return products purchased using a promo code, we will only credit the amount paid for the products

If you violate any of the general promo code terms and conditions specified above or any of the additional terms and conditions specific to a promo code, the relevant promo code will be invalid and the discount will not apply.

Delivery

Please read our delivery FAQs for everything you need to know regarding receiving your order.

Due to recent changes to Australian GST laws, any orders we send to Australia from our NZ site are subject to an additional 10% AU GST charge, as well as international delivery charges.

Netpro uses third party carriers to deliver our parcels. If your parcel is missing or something has been damaged, please read our delivery FAQs for your country for more info about what to do and expect.

Product information

The information on this website is intended for your general information.

Reviews on the website are provided without compensation by users of our products and should be viewed in this context. Reviews are the experiences of real people with products they’ve used, not substantiated health claims. Individual results may vary.

User submitted content, including product reviews and testimonials

We reserve the right to use all user submitted content we receive in our marketing and promotional material, both on and offline, identifying the submitter by first name only. If you don’t want us to use your submitted content, please let us know.

Your submission of any such content confirms that you understand that this content may be used in a public context, either online and/or offline, and that Netpro specifically may use, modify, edit or republish any such content submitted. While we endeavour not to significantly alter the meaning and intent of submitted content, we do sometimes edit it to condense, summarise, improve readability or comply with our regulatory obligations, and reserve the right to do so.

Beyond prevailing legislation, Netpro has no obligation to screen or edit any content supplied by customers, but has the right to do so, and to modify, delete, refuse to post or remove any content, in whole or in part, from any portion of Netpro’s websites or social media platforms, at its sole discretion for any reason whatsoever, including, but not limited to, content that violates these terms and conditions or is otherwise objectionable.

You may not be permitted to edit or delete any content you have submitted, but can ask us for it to be removed from online publication, and we will remove it so long as it’s reasonably practicable for us to do so.

General provisions

Severability: If any part or provision of these Terms are held to be invalid, illegal or unenforceable that part or provision will be deemed deleted from these Terms and the remainder of these Terms will continue to apply.

Relationship: These Terms do not create any relationship of partnership, agency, employment or joint venture between You and Us.

No waiver: Any failure or delay by either You or Us in exercising (or in partially exercising) any right, power or remedy arising from a breach of these Terms (Right) does not operate as a waiver of that Right unless that waiver is provided in writing and signed by the party granting the waiver. The existence of any Right of Ours expressly set out in these Terms, or the exercise of such, does not limit or prejudice any other rights, powers or remedies available to Us in contract, at law or in equity, including any rights, powers or remedies that would be available to Us if the right, power, or remedy was not set out in these Terms.

Assignment: You may not assign or transfer Your rights or obligations under these Terms without Our prior written consent. We may assign, transfer or novate any of Our rights and obligations under these Terms without Your consent.

NZ law: These Terms shall be interpreted in accordance with, and governed by, the laws of New Zealand. Your Use of this Website and the supply of any Products and/or Services to You by Us and any other matter arising from these Terms are subject to the laws of New Zealand. You agree that any dispute arising from or relating to these Terms is governed by the non-exclusive jurisdiction of the courts of New Zealand.

Entire Agreement: Unless We otherwise agree in writing, these Terms constitute the entire agreement between Us and You in relation to their subject matter. If you are a Member subject to a Licence Agreement with Us, if the terms of that agreement conflict with these Terms, the provisions of that agreement prevail.

Your Rights: The Website’s contents have not been prepared by taking into account the particular situation or needs of any individual users. Other than Your rights under the Consumer Guarantees Act 1993.

Contact: If You have any questions or concerns in relation to the website, related services or terms and conditions, please contact us via the “Contact Us” link provided on the Website.

These terms and conditions are effective as of 3 September 2020.