Terms and conditions

Terms of use

Overview

This website (the Site) is operated by Sophorum limited, a company registered in New Zealand and managed by David Morris. 

By accessing or using any part of the Site, you agree to be bound by these terms and conditions (the Terms). This includes browsing, reading content, leaving comments, buying a book, or registering for a course. 

Our content management is based on WordPress, and our store uses wooCommerce, fooEvents, and Stripe

1. General conditions

You understand that any content you provide (not including credit card information), may be transferred unencrypted over various networks. Please note: credit card information is always encrypted during transfer over networks.

The Site is provided under a Creative Commons (BY-NC-SA) Attribution NonCommercial ShareAlike license. This means that you are licsensed to copy, modify, and build upon our work for non-commercial purposes only, so long as you credit us and license your work under the same terms.

You agree not to sell, resell or exploit any portion of the Site, without prior written permission from us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

2. Accuracy, completeness, and timeliness of information

Information available on this Site is provided for general information only, may have been relevant only at some historical point, or be based entirely on subjective opinion. We reserve the right, but we have no obligation, to modify information on this Site at any time. You agree that it is your responsibility to monitor changes to our site.

The content and should not be relied upon or used as the sole basis for making decisions without consulting other primary sources of information. You agree that any use you make of content from this Site is at your own risk.

3. Products

Certain products may be available exclusively online through the Site. These products may have limited quantities and are subject to return or exchange only according to our Returns Policy.

We reserve the right, but are not obligated, to limit sale of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

4. Errors, inaccuracies, and omissions

Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

5. Third-party links

Certain information and products available via the Site may include materials from third-parties.

Third-party links on the Site may direct you to third-party websites. We are not responsible for examining or evaluating the content or accuracy and we do not warrant for any third-party materials or websites. We accept no liability or responsibility for any harm or damages related to any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

4. Personal information

Your submission of personal information through the store is governed by our Privacy Policy. 

5. Accuracy of billing and account information

You agree to provide current, complete and accurate billing and account information for all purchases; and to promptly update your information, so that we can complete your transactions and contact you as needed.

We reserve the right to refuse any order, limit quantities purchased per person, per household, or per order. In the event that we change or cancel an order, we will attempt to notify you by contacting you via the information you provided at the time the order was made. 

6. User comments, feedback, and other submissions

When you provide comments, feedback, or other information, you agree that we may edit, publish, or remove them in any medium.

We are and shall be under no obligation to maintain them in confidence; to pay compensation for them; or to respond.

You agree not to use the Site: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site. We reserve the right to terminate your use of the Site for any violation.

7. Disclaimer of warranties; limitation of liability

We do not guarantee, represent or warrant that your use of the Site will be uninterrupted, timely, secure or error-free.

In no case shall Sophorum limited, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Site or any products procured using the Site, or for any other claim related in any way to your use of the Site or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or any content (or product) posted, transmitted, or otherwise made available via the Site, even if advised of their possibility. Because some 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 shall be limited to the maximum extent permitted by law.

8. Indemnification

You agree to indemnify, defend and hold harmless Sophorum limited and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns 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 these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

9. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Site, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

10. Entire agreement

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this site or in respect to the Site constitutes the entire agreement and understanding between you and us and govern your use of the Site.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

11. Severability

In the event that any provision of these terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

12. Governing law

These Terms and any separate agreements shall be governed by and construed in accordance with the laws of New Zealand.

13. Changes to terms and conditions

You can review the most current version of these Terms at any time at this page. These terms may be updated, changed or replaced at any time. Continued access or use of the Site after any updates constitutes acceptance of those changes.

14. Contact information

Questions about these Terms should be sent to us via our contact form.