Terms of Use

Welcome to the Earth Wood Flow website (the "Website"). These Terms of Use govern your use of the Website and its contents. The terms “Earth Wood Flow,” "we," "us" and "our" refer to Earth Wood Flow. BY USING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE, THE EARTH WOOD FLOW PRIVACY POLICY, AND YOU AGREE TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE WEBSITE.

1.       Registration

You must register on this Website in order to use certain of the Website functions, such as our blogs. If you just want to browse this Website, registration is optional. During registration, you will be required to provide contact information, consisting of an email address, username and password. You can select any username as you like, except that your username cannot be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark, or a term that is offensive in any way. You may, but are not obligated to, use your own name. If you do use your own name, you consent to it being passed to others by use of certain of the functions of Earth Wood Flow and the Website such as our blogs. Earth Wood Flow reserves the right to reject or remove any username. For certain of our functions, such as the purchase of products and services, you are required to provide your name, address and billing and credit card information. You are required to provide accurate and complete information. 

2.       Age of Users

Children under the age of 13 may not use this Service and parents or legal guardians may not agree to these Terms of Use on their behalf. If we become aware that a child under 13 has provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files. If you are under the age of 18 but at least 13 years of age, you may use this Website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Website, including all financial charges and legal liability that he or she may incur.

3.       Non-Commercial Use

This Website and its contents are for your own personal non-commercial use only.

4.       Additional Terms and Conditions for Software; EULAs

When you download and/or install and use Earth Wood Flow’s downloadable software, you will be required to agree to one or more End-User License Agreements (or "EULAs") which may include additional terms. You will be bound by any EULA that you agree to.

5.       Earth Wood Flow Privacy Policy

Your use of this Website signifies your continuing consent to the Earth Wood Flow Privacy Policy, which you can examine any time by clicking on the "Privacy" link on the Website. Personal information that you supply to Earth Wood Flow, and any information about your use of Earth Wood Flow that we obtain will be subject to the Earth Wood Flow Privacy Policy on this Website.  

6.       Changes to the Website

We may discontinue or change any Website content, service, function or feature at any time with or without notice.

7.       Proper Use of this Website

When you use our blogs or other social and communications functions, you agree at all times to comply with the Earth Wood Flow Terms of Use. You may use the Website for lawful purposes only and may use the Website only in ways consistent with the law. You may not use any program, spider or "bot" to gather or "harvest" information from this Website.

8.       Proprietary Rights

Earth Wood Flow and its suppliers reserve all rights under intellectual property law in the Website and in any content that is on the Website. Except as Earth Wood Flow may expressly state in writing, you may not reproduce, reprint, publish, or otherwise exploit content or technology from Earth Wood Flow, the Website or its suppliers on the Website without our express prior written consent.

9.       Changes to the Terms of Use

We may change the Terms of Use at any time. You can review the most current version of the Terms of Use by clicking on the Website's "Terms of Use" link. If you continue to use this Website after we make changes to the Terms of Use, you are signifying your acceptance of the new terms. You are responsible for checking these terms periodically for any changes.

10.    Electronic Delivery Statement and Your Consent

You agree that we may provide to you notices and other information concerning Earth Wood Flow or this Website electronically, including notice to any email address that you may provide. 

11.    Content That You Supply

Earth Wood Flow may allow you to supply content for the Website or its functions that can be accessed and viewed by others. You agree not to post any content that violates these terms or any applicable EULA. Content that violates applicable rules may be removed. If you post any content on any blog or other public area of the Website, you grant us and our affiliate companies the perpetual sublicensable right and license to use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote this content in any way and in any commercial or non-commercial medium or form without charge.

12.    No Duty to Monitor

You agree that we are not liable for content that is provided by others. We have no duty to screen content that you may supply or post, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove any content for any reason at any time.

13.    Third Party Sites and Advertisers

Earth Wood Flow may include on its Website links to third party web sites. You agree that we are not responsible or liable for any content or other materials on third party sites. You also agree that we are not responsible for content or claims supplied by our advertisers. We are also not responsible for any transactions or dealings between you and any third party or any advertiser. You agree that Earth Wood Flow is not responsible for any claim or loss due to a third party Website or any advertiser.

14.    Disclaimer of Warranties

We provide this Website and its contents "AS IS." We and our suppliers make no express warranties or guarantees about this Website. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE Website IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS Website OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION. Because some countries and states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.

15.    Limitation of Liability

You may not assert claims for money damages arising from this Website or its contents. We and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages, even if we knew or should have known of the possibility of such damages. Because some countries, states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability, and the liability of our company and suppliers, shall be limited to the extent permitted by law.

16.    Indemnification

You agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this Website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

17.    International Use

We make no representation that content on this Website is appropriate or available for use in locations outside New Zealand. If you choose to access this Website from a location outside New Zealand, you do so on your own initiative and you are responsible for compliance with local laws.

18.    Choice of Law and Location for Resolving Disputes

You agree that the laws of New Zealand govern these Terms of Use, its subject matter, your use of the Website, and any claim or dispute that you may have against us, without regard to its conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in New Zealand, in the city of Wellington, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN THE CITY OF WELLINGTON, NEW ZEALAND OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

19.    Severability and Integration

This contract and any supplemental terms, policies, rules and guidelines posted on this Website constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

20.    Termination

We reserve the right to terminate your use of this Website if you violate the Terms of Use or any rules or guidelines posted on the Website or for any other reason in our discretion.

Privacy Policy

Effective on: March 2021

Earth Wood Flow LTD (“EARTH WOOD FLOW”) knows that you care how information about you is used and shared. This notice describes EARTH WOOD FLOW’s privacy policy for our web Website (the “Website”) including all online services and functions.

Registration

You must register on this Website in order to use certain of the Website’s online services and functions, such as our blogs. If you just want to browse the Website, registration is optional. During registration, you will be required to provide contact information, consisting of an email address, username and password. You can select any username you want, except that your username cannot be an impersonation, the same or confusingly similar to a famous trademark, or be a term that is offensive in any way. You may, but are not obligated to, use your own name. If you do use your own name, you consent to it being passed to others by use of the functions of the Website. EARTH WOOD FLOW reserves the right to reject or remove any username that does not meet applicable standards.

Cookies

A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. EARTH WOOD FLOW use cookies on the Website. EARTH WOOD FLOW uses both “session ID cookies” and “persistent cookies”. EARTH WOOD FLOW uses session cookies to make it easier for you to navigate the Website. A session ID cookie expires when you close your browser. If you check “remember me on this computer” when logging in to the Website, EARTH WOOD FLOW also sets a persistent cookie to store your username passwords, so you do not have to enter it more than once. The persistent cookie also enables EARTH WOOD FLOW to track and target the interests of users to enhance the experience on the Website. The persistent cookie is removed when you uncheck the “remember my email address” check box. Your web browser allows you to control and limit cookies on your computer. If you reject cookies, you may still use the Website, but your ability to use some areas or functions of the Website may be limited. Some of EARTH WOOD FLOW’s business partners (such as advertisers) use cookies on the Website. EARTH WOOD FLOW has no access to or control over these cookies. This privacy policy covers the use of cookies by EARTH WOOD FLOW only and does not cover the use of cookies by any advertisers.

Email from EARTH WOOD FLOW for Newsletters and Announcements

EARTH WOOD FLOW may use your username and email address to provide you with email newsletters and announcements. If you do not wish to receive these kinds of communications, you can opt out by unchecking the email newsletters and announcements boxes during registration. EARTH WOOD FLOW also offers you the option to unsubscribe from newsletters and announcements by return email.

Product Information and Offers

The email address information that you provide on the Website may be used to contact you about other product and service offers from EARTH WOOD FLOW. EARTH WOOD FLOW may also use that information to let you know of additional products and services from other companies that you might be interested in. If you do not wish to receive these kinds of communications, you can opt out by unchecking the appropriate email offer announcements boxes during registration. In addition, you can choose not to receive such information by opting-out on the Website.

Significant Announcements by Email

EARTH WOOD FLOW may also use your registered name and email address to provide you with significant announcements about Website functions or services that you are registered to use, about this Website, about any user account you may create, about fulfillment of a specific transaction you have requested, or about other significant developments that may affect your use of the Website. You cannot opt-out of this kind of email.

Additional Information for Specific Purposes

This Website may request additional information from you on product order forms or other online transaction forms. Such forms may require you to provide contact information (such as name and mailing or shipping address) and payment information (such as credit card number and credit card expiration date). Information that you provide in this way may be used for billing and accounting purposes, for recording products and services that you have licensed, bought or downloaded, and to fill your orders. EARTH WOOD FLOW may use this contact information to communicate about orders, products, services, or fees or charges. EARTH WOOD FLOW may use an outside shipping company to ship orders and uses a credit card processing company to process payments for goods and services. These companies have access to user information in order to perform their functions. EARTH WOOD FLOW may partner with other third parties to provide specific goods or services. When you sign up for such goods or services, EARTH WOOD FLOW will share names or other contact information that is necessary for the third party to provide these goods or services. EARTH WOOD FLOW does not authorize third party providers to use personally identifiable information except for the purpose related to these goods or services.

Communications with Others

The Website may allow you to contribute to one or more blogs or communicate by means of online functions. Nothing requires you to disclose your identity to others. If you choose to disclose your identity to third parties using any Website function or service, you do so at your own risk. EARTH WOOD FLOW is not responsible for the privacy or security of any information, personal or otherwise, that you may choose to communicate or exchange using the functionality of the Website. Each item of information or any materials you contribute for such purposes are your “Public Content.” Public Content must be content and information that you have a right to disclose and transfer and must not violate any other person’s privacy or intellectual property rights.

Feedback to EARTH WOOD FLOW

EARTH WOOD FLOW has feedback functionality on the Website that allows you to submit comments, suggestions, or bugs found. EARTH WOOD FLOW may collect your name or username and email address in order to follow up with you or thank you for a suggestion.

Anonymous Data

EARTH WOOD FLOW may track the Website to analyze trends, administer the Website, track your actions and use of the Website, record transactions, and gather demographic information for aggregate use. Such analysis is not linked to personally identifiable information. EARTH WOOD FLOW may share aggregated demographic and usage information with its partners and advertisers. This aggregated information is not linked to any personal information that can identify any individual person.

Links

This Website may contain links to other Websites. EARTH WOOD FLOW is not responsible for the privacy practices of such other Websites. EARTH WOOD FLOW encourages users to be aware when they leave the Website and to read the privacy statements of Websites that collect personally identifiable information. This privacy policy applies only to information collected on this Website.

Security Technology

When a Website’s registration/order form asks users to enter financial information (such as credit card number), that information is encrypted and is protected during transmission through the Internet using Secure Socket Layer (SSL) software. You should see the lock icon on the bottom of web browsers such as Microsoft Internet Explorer becomes locked, as opposed to unlocked or open when you are just surfing. If you have any questions about the security, you can send an email to [email protected]

Correction/Updating of Personal Information

If you provide personally identifiable information changes (such as an email address or zip code), EARTH WOOD FLOW will endeavor to provide a way to correct, update or remove your personal data.

Protection of Minors

Children under the age of 13 are not permitted to register on this Website or use any functionality for which registration is required.

Business or Asset Transfer or Sale

EARTH WOOD FLOW may be sold, might sell or buy businesses or assets of businesses, or EARTH WOOD FLOW might merge with another business. In such transactions, customer information generally is one of the transferred business assets. Also, in the event that EARTH WOOD FLOW, a line of business of EARTH WOOD FLOW, or substantially all the assets of EARTH WOOD FLOW are transferred, customer information may well be one of the transferred assets. EARTH WOOD FLOW will make reasonable effort to provide notice on the Website and to notify you via email to the most recent email address that you have provided to EARTH WOOD FLOW of any such change in ownership or control of your personal information.

Release of Information for Legal Reasons

EARTH WOOD FLOW may release information concerning your use of EARTH WOOD FLOW (including, but not limited to, posted Public Content, registration information, and network records) when it believes in good faith that such release is appropriate to comply with the law (for example, pursuant to a statutory demand, subpoena, warrant or court order), to protect against fraudulent, abusive or unlawful use of the EARTH WOOD FLOW, to protect EARTH WOOD FLOW's rights or property, enforce any contract between you and EARTH WOOD FLOW, or if EARTH WOOD FLOW reasonably believes that a situation involving danger of death or injury to any person requires disclosure.

Limited Use

EARTH WOOD FLOW does not intend to sell, share, or rent information obtained on this Website other than as discussed in this Privacy Policy.

Changes in This Privacy Policy

If EARTH WOOD FLOW decides to change its privacy policy, EARTH WOOD FLOW will post those changes on EARTH WOOD FLOW’s Website so EARTH WOOD FLOW’s users can remain aware of what information EARTH WOOD FLOW collects, how EARTH WOOD FLOW uses it, and under what circumstances, if any, EARTH WOOD FLOW discloses it.