terms of service


Dremus Limited ('Dremus') provides a framework that allows you to offer an ecommerce service for your customers, which you can customise with your shop branding and use to display your products and services for sale online ('Dremus Shop').

By using the services offered by Dremus, you agree to be bound by all of the following terms and conditions ('Agreement'). The terms of this Agreement may be amended by Dremus from time to time without prior notice to you. Dremus will post any amendments on the Dremus web site at ww.dremus.com ('Dremus web site') or by email. You are responsible for regularly reviewing information posted on the Dremus web site to keep up to date with such changes. Your non-termination or continued use of the Dremus services after changes have been posted constitutes your acceptance of the changes.

Terms last updated: 5th April, 2015

Service Description

Dremus will provide the following services in relation to your Dremus shop: hosting and maintaining ecommerce software to run your Dremus shop online; if requested by you, real-time processing of your customers' credit card payments, order processing, and customer communication management; access to your Dremus shop to allow you to manage and update your Dremus shop via the web; if requested by you, a standard web site theme for your Dremus shop, (together, 'Dremus services').

Transaction Fee (Ellesmere plan)

In the instance a Dremus billing plan is subject to transaction fees:

  • You agree to pay a transaction fees. The transaction fees will be calculated on the total sales made including shipping, taxes and any discounts, whether refunded or not.
  • The transaction fee is COMPLETELY NON-REFUNDABLE.

Dremus reserves the right to change the transaction fees, and/or institute new charges for the Dremus services, at any time upon not less than thirty (30) days' notice. All changes will be posted by Dremus on the Dremus web site, and you are responsible for reviewing pricing information to obtain timely notice of such changes. Continued use of the Dremus services or the non-termination of your Dremus account after changes are posted constitutes your acceptance of the changed or new prices. All charges will be in New Zealand dollars.

Monthly Subscription

You agree to pay the monthly subscription fee for the Dremus Service.

  • Payments are made every month for the month in advance.
  • The subscription fee is COMPLETELY NON-REFUNDABLE. You agree that if Dremus so requests, you will execute a direct debit form in Dremus' favour for payment of amounts owing to Dremus under this Agreement.
  • If you are late in paying any amounts payable under this Agreement, Dremus is entitled to charge default interest on the unpaid amount from the due date until the date of payment at 2% per annum over the base overdraft facility rate charged by Dremus' bank at the relevant time.

Dremus reserves the right to change the subscription fee, and/or institute new charges for the Dremus services, at any time upon not less than thirty (30) days' notice. All changes will be posted by Dremus on the Dremus web site, and you are responsible for reviewing pricing information to obtain timely notice of such changes. Continued use of the Dremus services or the non-termination of your Dremus account after changes are posted constitutes your acceptance of the changed or new prices. All charges will be in New Zealand dollars.

Promotions

You agree to the qualifying criteria and rules set out in each promotion which may be advertised through our media partners and as detailed on the Dremus web site. Promotion terms can be found on the Dremus web site under the promotion page.

Dremus reserves the right to change or terminate a promotion at any time and without prior notice.

Opt-Out Policy

Dremus reserves the right to send customers certain communications from relating to the Service, such as service announcements and administrative messages, that are considered part of your account, without offering you the opportunity to opt-out of receiving them

Ownership

All intellectual property rights in the Dremus web site and the Dremus services are owned by Dremus (or its licensor's). All intellectual property rights in your Dremus shop are owned by Dremus (or its licensors), except for those elements owned by you prior to use on your Dremus shop (for example your trade marks or text created by you) ('your property').You may not assign your Dremus shop to any third party or allow any third party to operate your Dremus shop.

Your Responsibilites

You are fully responsible for your use of the Dremus services and your Dremus shop. You acknowledge that Dremus is acting as a passive conduit for the distribution and transmission of information. You agree that you:

  • Will provide true, current, accurate and complete information as prompted by the registration form. You further agree to keep Dremus current on any changes in that information.
  • Will comply with the directions on the Dremus web site as to goods and services that may not be sold through your Dremus shop.
  • Are responsible for all acts or omissions that occur under your account or password, including the content of transmissions through the Dremus services and maintaining the confidentiality of your password.
  • Will not publish, distribute or disseminate defamatory or otherwise unlawful material on the Dremus shop.
  • Will not use the Dremus services or your Dremus shop for illegal purposes.
  • Will not use the Dremus services or your Dremus shop to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy) of others.
  • Will not use the Dremus services or your Dremus shop to send junk mail, chain letters or unsolicited messages.
  • Will not create a false identity for the purpose of misleading others as to the identity of the sender or the origin of the message.
  • Will not use the Dremus services or your Dremus shop to infringe Dremus' or any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
  • Acknowledge that all programs, services, processes, sound, video, music, photographs, graphics, designs, text, software, technologies, trademarks, inventions and materials comprising the Dremus web site, the Dremus services, or your Dremus shop (except your intellectual property), are wholly owned by Dremus (or its licensors). You may not copy, reproduce, distribute or create derivative works from the above content without prior written approval by Dremus.
  • Will not resell the Dremus services or your Dremus shop without the express written consent of Dremus.
  • Will comply with New Zealand law regarding the transmission of technical data exported from New Zealand through your Dremus shop.

Your failure to observe any of the foregoing may result in civil or criminal liability, and the immediate termination of the Dremus services.

Effective Date and Termination

This Agreement takes effect from the date when you sign-up for a Dremus shop and you indicated that you have read and understand these terms by checking the sign-up form box. This Agreement will remain operative until either you or Dremus provide notice of termination in writing to the other party.

Dremus may terminate this Agreement with or without cause at any time. Grounds for termination include, but are not limited to, lack of use, any breach of this Agreement, or if Dremus decides, in its sole discretion, to discontinue the Dremus services. Once this Agreement is terminated, your right to use your Dremus shop ceases. Dremus shall have no obligation to maintain any content in your Dremus shop or to forward any unread or unsent messages to you or any third party. You agree that any termination of your access to your Dremus shop may be effected without any prior notice to you. Termination by Dremus does not waive your liability to pay any outstanding transaction fees or other fees and charges, and does not exclude or limit any other rights or remedies available to Dremus.

Confidentiality

The name, address and any other information that you provide when you sign up with Dremus will not be disclosed by Dremus except as permitted by this Agreement. However, Dremus may disclose such information when reasonably necessary for provision of the Dremus services or for administrative purposes, to its resellers and service providers or by the enforcement of law. Dremus will not review or monitor the contents of web pages, other communications or electronic mail except as required to provide the Dremus services or by applicable law or legal process.

Warranties

You state and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement. You expressly agree that the use of the Dremus web site, Dremus services and your Dremus shop is at your sole risk and you will be financially responsible for your use of the Dremus services and your Dremus shop as well as for use of your account by others. You will not rely on any representation or warranty whether expressed or implied in evaluating the Dremus services and/or the Dremus shop. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Dremus web site, Dremus services or Dremus shop is done at your own risk and you will be solely responsible for any damages to your computer system or loss of data that result from the download of such material and/or data.

To the maximum extent permitted by law, Dremus expressly disclaims all warranties of any kind whether express or implied. Without limiting the foregoing, Dremus makes no warranties that the Dremus services will meet your requirements, or that the Dremus services will be uninterrupted, secure, or error free, or as to the results that may be obtained from the use of the Dremus services, or as to the accuracy or reliability of any communication or transmission of data, or as to the accuracy of any information obtained through the Dremus web site or the Dremus services, or that defects in any software will be corrected.

You are responsible for meeting all your responsibilities to your customers, including contractual obligations and those under the Consumer Guarantees Act 1993, and Dremus makes no warranty regarding any goods or services purchased or obtained through the Dremus shop or any transaction entered into using the Dremus services. Dremus takes no responsibility for the deletion or failure to store web page content or e-mail. No advice or information, whether oral or written, obtained by you from Dremus or through the Dremus services shall create any warranty by Dremus.

Liability

Dremus shall not be held liable in any way or by any means for any direct or indirect, special or consequential damages, resulting from the use or the inability to use the Dremus web site or Dremus services or your Dremus shop or from any goods or services purchased or obtained or message received or transaction entered into through your Dremus shop or the Dremus services or from unauthorised access to or alteration of any electronic transmission, even if Dremus has been advised of the possibility of such damages. Dremus is not liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Dremus's reasonable control.

Indemnification

You agree to indemnify Dremus, its related companies, directors, officers and employees from any loss, damage, claim or demand, including solicitors' fees, arising out of your use of the Dremus web site, Dremus services or your Dremus shop, including without limitation any breach of this Agreement by you or any other person using your account, any dispute between you and any customer, or any claim of defamation, violation of rights of privacy or publicity, loss of service by other customers and infringement of intellectual property or other rights.

Notice

You consent to Dremus providing you notices under this Agreement by email or by a general posting on the Dremus web site (www.dremus.com). Notices given by you to Dremus must be given in writing by email or facsimile or conventional mail, except that where you request Dremus' consent, you must do so by giving notice by conventional mail. Only an authorised representative of Dremus can give such consent. Communications by conventional mail must be sent to Dremus, PO Box 106-495, Auckland, New Zealand

General

Governing Law: This Agreement is governed in all respects by the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the New Zealand Courts.;

Severance: If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions of this Agreement shall remain in full force and effect.;

Waiver: Dremus's exercise or failure or delay in exercising any of its rights under this Agreement or at law will not constitute a waiver of that or any other right.;

Assignment: You cannot assign or transfer this Agreement or any right under this Agreement, and any such attempt is void.