You agree to pay all government imposed taxes and duties, customs handling charges (where they are levied) and any other costs of storage and handling that may arise from your use of the Carriage Services provided by New Zealand Post as contractor to Shipbuktu.

Unless otherwise stated, all fees are quoted in New Zealand Dollars. You are responsible for paying all fees and applicable taxes associated with the Sites and the products and services of Shipbuktu in a timely manner with a valid payment method. If your payment method fails, we may collect fees owed using other collection mechanisms.

Restriction on Use of Material

Shipbuktu™ is a registered trademark of Shipbuktu Limited, a Company incorporated in New Zealand. The Sites is owned and operated by Shipbuktu Limited (hereinafter "Shipbuktu"). No material from the Sites may be reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written permission of Shipbuktu, except that you may download one copy of the material on a single computer for your own personal, domestic use only, provided you keep intact all accompanying copyright and other proprietary notices. Modification of any of the materials or use of the materials for any other purpose will be a violation of Shipbuktu’s copyright and other intellectual property rights.

If you download any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by Shipbuktu. Shipbuktu does not transfer title to the Software to you. Shipbuktu retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer, disassemble or otherwise deal with the Software.

Jurisdiction

Unless otherwise specified, the materials in the Sites are presented solely for the purpose of promoting the products of Shipbuktu. This site is controlled and operated by Shipbuktu from New Zealand and the United States. Shipbuktu makes no representation that materials and offers contained in the Sites are appropriate or available for use in other locations. Those who choose to access the Sites from other locations are responsible for compliance with local laws, if and to the extent local laws are applicable.

Termination

This agreement is effective until terminated by either party. You may terminate this agreement at any time by providing written notice to Shipbuktu Limited via the Shipbuktu website (www.shipbuktu.com) and destroying all materials obtained from any and all Sites) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. Shipbuktu will terminate this agreement immediately without notice if in Shipbuktu’s sole discretion you fail to comply with any of its terms or conditions.

Disclaimer

The materials in the Sites are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible and subject and pursuant to applicable law, Shipbuktu disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Shipbuktu does not warrant that the functions contained in the materials; or the services offered by Shipbuktu will be uninterrupted or error-free, that defects will be corrected or that the Sites or the server that makes the Sites available is free of any virus or other harmful elements. Shipbuktu does not warrant or make any representations regarding the correctness, accuracy, reliability, or otherwise of the materials in the Sites or the results of their use.

All material on the Sites reflects the personal opinion of the author and not necessarily that of Shipbuktu.

Limitation of Liability

Subject to applicable law, under no circumstances, including, but not limited to negligence, Shipbuktu shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in the Sites, and/or the services offered by Shipbuktu, even if Shipbuktu or authorised representative of Shipbuktu has been advised of the possibility of such damages.

Shipbuktu will not be liable to you in tort (including negligence), contract, or otherwise for any direct or indirect loss or damage (including loss of profits or anticipated savings, economic loss or any consequential damage) arising from your use of the Sites or; the services and products offered by Shipbuktu or Shipbuktu’s provision of any services.

Apart from the warranties expressly given to you in this Agreement, all other warranties, express or implied, are excluded (to the fullest extent permitted by law).

You release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the provision of; the quality of and; the reliability of the Shipbuktu services.

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Governing Law and Invalidity

This Agreement shall be governed by and construed in accordance with the laws of New Zealand, without giving effect to any principles of conflicts of law. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from this agreement and shall not affect the validity and enforceability of the remaining provisions. This is the entire Agreement between the parties relating to the subject matter herein.

Third Party Offers

The Sites may include third party material, advertising, promotions and/or links to third party materials. Any dealings you have with an third party provider is solely between you and that third party. While Shipbuktu has taken reasonable care to ensure that third parties are reputable, Shipbuktu will not be responsible for the contents of any third party material or promotion or be liable for any direct or indirect loss or damage suffered by you (or any other party) from accessing, using, relying on or trading with third parties. The inclusion of any link or third party material, advertising or promotion does not imply Shipbuktu’s endorsement of or any association with the third party.

Amendment to this Agreement

We may amend this Agreement at any time by posting the amended terms on the Sites. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted on the Sites. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License and Limitation of Liability.

Conditions of Carriage and Contract

The storage, handling and carriage of your goods, cargo and/or packages (hereafter referred to as Cargo) will be subject to the conditions of contract and the conditions of carriage of New Zealand Post Limited (www.nzpost.co.nz). Other services and products described in this web site will also be subject to terms and conditions, details of which, if not expressly provided in this publication, may be obtained from Shipbuktu or other service providers (as applicable).

No agent, servant or representative of the carrier has authority to alter, modify or waive any provision of these notices and conditions or the New Zealand Post's Conditions of Carriage.

The acquisition of carriage or other services to which these conditions apply are conducted in foreign jurisdictions and are for foreign services and, as such, the provisions of the Consumer Guarantees Act 1993 (NZ) shall not apply to the provision of that carriage or those services.

General Terms and Conditions of Carriage

We will endeavour to ensure Carriage services are provided with:

(a) with reasonable care and skill;
(b) reliably (although we do not guarantee that our services will be continuous or error-free); and
(c) in accordance with, and subject to:

(i) the service descriptions, standard requirements and other relevant provisions contained in the New Zealand Post Postal Users Guide, and;
(ii) in the case of any of our services not provided for in the Postal Users Guide, in accordance with any service descriptions, standard requirements and other relevant provisions contained in these terms and conditions.

Your Disclosure of Items

You will be required to correctly and completely disclose the contents of any Items. You agree to be truthful in your disclosure and acknowledge that you may be subject to Civil and Criminal penalties for a false disclosure.

The Customs and Excise Act 1996 and other relevant legislation relating to the importation and delivery of goods apply to the Services in this Agreement. You are responsible for compliance with legislative requirements.

Unacceptable Items

Shipbuktu advises that the following items should not be shipped or conveyed using the Shipbuktu service and that it accepts no liability for their damage or loss unless the items are identified to it and it has in writing accepted them for carriage:

· Cash, negotiable bonds, deeds or other valuable documents
· Jewellery, antiques or similar valuable items unless insured by you
· Any item that has insufficient packaging to withstand the normal circumstances and effects of carriage by air.
· Dangerous items including weapons of any kind (see Dangerous Goods Prohibition)
· Any narcotics or medications
· Pornographic or objectionable material or any items banned by the Customs & Excise Act 1996.
· Any piece that weighs in excess of 30kg will not be accepted for carriage, storage or handling without prior written approval from Shipbuktu

Dangerous Goods Prohibition

For safety reasons, articles such as the following must not be sent to Shipbuktu for on-shipment or conveyance, handling or storage:
· Compressed Gases (Deeply Refrigerated, Flammable, Non-flammable and Poisonous)
· Corrosive materials (such as alkalis, acids, wet cell batteries, mercury)
· Explosives (including Fireworks and articles which are easily ignited)
· Firearms and Ammunition
· Flammable liquids and solids (such as matches, lighters and heater fuels, flammable aerosols)
· Magnetised materials
· Oxidising substances
· Poisonous, toxic, infectious substances
· Radioactive materials
· Chemical oxygen generators
· Security attache cases (if fitted with alarm or pyrotechnic material)
· Other dangerous goods (such as offensive or noxious materials and a wide range of items in IATA Dangerous Goods Regulations).

Limitation of Liability in respect of Carriage of Goods

We exclude all implied conditions and warranties and have no liability to you for any loss or damage suffered by you or any other person as a result of:

(a) providing, or failing to provide, any of our services; or
(b) any default, delay or omission in providing any of our services.

Without limiting the paragraph above, we have no liability to you for:

(a) any damages consequential upon any loss of, or damage to, any item stored or conveyed by Shipbuktu; or
(b) any delay or omission in the receipt, transmission or delivery of any item stored or conveyed by Shipbuktu.

We have no liability for any loss or damage suffered by you or any other person because of any loss, default, delay or omission in the receipt, transmission or delivery of any item stored or conveyed by Shipbuktu or its contractors.

If, for any reason (including any statutory requirement), we cannot rely on any exclusion or limitation of liability to exclude a claim from you, the maximum amount we will have to pay you in relation to that claim is the lesser of:

(a) refunding the cost of our services, or;
(b) providing our services again.

Events outside our Control

We are not required to provide our services, or carry out any of our obligations referred to n this Agreement, if it is not reasonably practical for us to do so because of an event outside our control.

Right to inspect items

At any time we may cause our agents to; or our agents and/or contractors may:

(a) if permitted by law, open and inspect any item;
(b) refuse to accept any item for delivery;
(c) re-weigh, re-value or re-measure items and, where necessary, charge the higher applicable charges accordingly.

Our decision as to the weight, value or measurement of an item is final.

Government Imposed Taxes, Duties and Fees

Taxes and fees including GST may be imposed by government authorities on any Items or Cargo. You will be required to pay any such taxes or fees not already collected.

Shipments, handling and conveyance not guaranteed

While Shipbuktu endeavours to accommodate all requests, some shipments may be delayed due to congestion at Shipbuktu’s shipment locations, any force majuer event or carrier delays outside of Shipbuktu’s control. Shipbuktu undertakes to use its best efforts to carry your goods with reasonable dispatch in accordance with the delivery commitment hereon but does not guarantee to do so. Customers are not eligible for compensation for any delayed, lost or damaged or destroyed shipments and should secure insurances to protect themselves in this event.

You acknowledge that you hold Shipbuktu free of all liability (to the extent permitted by law) for any loss or cost you suffer when using the Shipbuktu services offered on the Sites.

Definitions

For the purposes of these terms (unless the context otherwise requires):

“Agreement” means these terms and conditions

“Cargo item” and ”Cargo” means any parcel or other item given to us for courier delivery;

“delivery” includes delivery by post or by courier to the address given by you unless we have agreed to obtain the addressee’s signature (in which case delivery of the item will occur on collection of that signature);

“event outside our control” includes any delay in acceptance of an item by an addressee; our inability to gain access to a delivery address; seizure or destruction of an item by customs or any other regulatory or government authority; an act of God; earthquake, volcanic activity, flood, fire, storm or adverse weather condition; sabotage, riot, civil disturbance, epidemic, national emergency or act of war; governmental action; strike, lock-out, work stoppage, labour dispute, or other industrial problem; traffic congestion; or delay in aircraft or other transport;

“GST” means goods and services tax chargeable under the Goods and Services Tax Act 1985 and any penalties or interest payable in relation to that tax;

“high risk” includes anything fragile or perishable; any traveller’s cheque, stamp or voucher; any deed, negotiable instrument (including any bearer security, bill of exchange or uncrossed cheque), bond or share; any credit, debit or other bank card; any bullion, precious metal or stone; any jewellery or watch; any collectible or antique; or any painting, sculpture or other work of art;

“including” and similar words do not imply any limitation;

“item” means any letter, parcel or other item given to us for delivery to you;

"Postal Users Guide" means New Zealand Post Limited's Postal Users Guide (which is available for inspection at Post Shops and at our internet site:(www.nzpost.co.nz);

“price and services schedule” means any schedule or other document, including any rate card, which is stated to be subject to these terms and which we have provided to (or have otherwise agreed with) you. A price and services schedule may without limitation specify:

· prices for any of our services; and/or
· variations to these terms or to any of the service descriptions, standard requirements and/or other relevant provisions relating to our services contained in our Postal Users Guide; and/or
· service descriptions, standard requirements and/or any other relevant provisions for any services that we agree to provide and that are not otherwise provided for in our Postal Users Guide;

“prohibited item” means any item referred to in this Agreement as prohibited ;

“services” means all or any goods handling, receipt, postal and courier services provided by us or our contractors

“these terms” means these terms and conditions as they may be changed by agreement in writing with you, or by us by notice to you in accordance with these terms and conditions;

“we”, "us" and "our" means Shipbuktu Limited, and, where applicable, any person to whom we have transferred any of our rights and/or responsibilities under these terms; and

“you” means a person whom has agreed to the Shipbuktu User Agreement (this Agreement) we have advised, or with whom we have agreed, that these terms apply to their purchase or use of our services.