Terms of Use
These Terms of Use ("Terms") govern your access to and use of the website www.zoggs.com (the "Site"), its microsites, databases, webshops and apps operated by HEAD Oceania (trading as Zoggs New Zealand) for users in New Zealand. By accessing or using the Site from within New Zealand, you agree to be bound by these Terms. If you do not agree, please do not use the Site.
1. Acceptance of Terms
1.1 These Terms apply to all users accessing the Site from New Zealand. 1.2 By using the Site, you warrant that you are at least 16 years old, or have the consent of a parent or legal guardian if under 16.
1.3 If you do not agree with these Terms, you must cease use immediately.
2. Privacy and Data Protection
2.1 We collect and process personal information in accordance with the Privacy Act 2020 and our Privacy Policy.
2.2 Please review our Privacy Policy to understand how we handle your data.
3. Account Registration & Security
3.1 Some features require you to register and provide personal data.
3.2 You are responsible for providing accurate information and for maintaining the confidentiality of your login credentials.
3.3 Notify us immediately of any unauthorised use of your account.
4. Permitted Use
4.1 You agree to use the Site lawfully and not to:
- Breach any applicable laws or regulations;
- Post unlawful, offensive or misleading content;
- Infringe intellectual property rights;
- Transmit viruses or malicious code;
- Impersonate others or misrepresent your affiliation. 4.2 We reserve the right to monitor, edit or remove content, or suspend access for users breaching these Terms.
5. Intellectual Property
5.1 All content on the Site (text, images, logos, graphics, video, software) is owned by or licensed to Zoggs and protected under New Zealand and international copyright and trademark laws.
5.2 You may view and download content for personal, non-commercial use only.
5.3 Any other use, reproduction or distribution without our prior written consent is prohibited.
6. User-Generated Content
6.1 When you upload or post content (reviews, comments, images) to the Site and Social Media accounts, you grant Zoggs a non-exclusive, royalty-free, perpetual licence to use, reproduce and adapt that content.
6.2 You warrant that your content is lawful, original, and does not infringe any third-party rights.
7. Purchase of Products
7.1 Sale of products is subject to our General Terms & Conditions.
7.2 Placing an order constitutes acceptance of those Terms.
8. Availability & Updates
8.1 We aim to ensure the Site is available, but may suspend or withdraw access temporarily for maintenance or updates without notice.
8.2 We do not guarantee uninterrupted or error-free operation.
9. Disclaimers
9.1 To the fullest extent permitted by law, the Site and its content are provided “as is” without warranties of any kind.
9.2 While we strive for accuracy, we make no warranty that content is complete, current or error-free.
9.3 Nothing in these Terms limits your rights under the Consumer Guarantees Act 1993.
10. Limitation of Liability
10.1 To the extent permitted by law, Zoggs is not liable for any indirect, incidental or consequential loss arising from your use of the Site.
10.2 Nothing in these Terms excludes or limits liability for death or personal injury caused by our negligence or liability under the CGA.
11. Third-Party Links
11.1 The Site may contain links to third-party websites for your convenience.
11.2 We do not endorse or guarantee their content and are not responsible for any loss or damage you may suffer by using them.
12. Linking to Zoggs
12.1 You may link to the Site provided you do so lawfully and without implying endorsement by Zoggs.
12.2 We may withdraw permission to link at any time.
13. Breach & Enforcement
13.1 We may take action, including account suspension, content removal or legal proceedings, if you breach these Terms.
14. Governing Law & Jurisdiction
14.1 These Terms are governed by the laws of New Zealand.
14.2 Any disputes arising under these Terms will be subject to the exclusive jurisdiction of the New Zealand courts.
15. Changes to Terms
15.1 We may amend these Terms at any time by posting the updated Terms on the Site.
15.2 Your continued use of the Site constitutes acceptance of the updated Terms.
Effective Date: 14 April 2025