Fonefix and its associates provide our services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.
SERVICE ASSESSMENT FEES!
Effective September 1st, 2018, fees will apply when booking repair jobs with Fonefix. These fees will apply to both dealer/couriered jobs and direct/retail jobs.
PRIVACY
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit Fonefix or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Fonefix Limited or its content suppliers and protected by copyright laws. The compilation of all content on this site is the exclusive property of Fonefix Limited, with copyright authorship for this collection by Fonefix, and protected by international copyright laws.
TRADEMARKS
Fonefix trademarks and trade dress may not be used in connection with any product or service that is not Fonefix, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Fonefix. All other trademarks not owned by Fonefix or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Fonefix or its subsidiaries.
LICENSE AND SITE ACCESS
Fonefix grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Fonefix. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Fonefix. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Fonefix and our associates without express written consent. You may not use any meta tags or any other ": hidden text": utilizing Fonefix name or trademarks without the express written consent of Fonefix. Any unauthorized use terminates the permission or license granted by Fonefix. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Fonefix so long as the link does not portray Fonefix, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Fonefix logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with the involvement of a parent or guardian. Fonefix and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam": You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Fonefix reserves the right to remove or edit such content but does not regularly review posted content.
you do post content or submit material, and unless we indicate otherwise, you grant Fonefix and it's associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Fonefix and its associates and sub-licensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Fonefix or its associates for all claims resulting from content you supply. Fonefix has the right but not the obligation to monitor and edit or remove any activity or content. Fonefix takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from Fonefix are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier. You will be supplied with a tracking number upon completion of a transaction, please liaise with the respective courier company to track your order.
PRODUCT DESCRIPTIONS
Fonefix and its associates attempt to be as accurate as possible. However, Fonefix does not warrant that the product description or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Fonefix itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY FONEFIX ON AN "AS IS" AND "AS AVAILABLE" BASIS. FONEFIX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FONEFIX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FONEFIX DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM FONEFIX ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FONEFIX WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting Fonefix, you agree that the laws of New Zealand, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Fonefix or its associates.
CONSUMERS GUARANTEES ACT 1993
Nothing in the Sales Terms is intended to have the effect of contracting out of the Consumer Guarantees Act 1993 ("Act") except to the extent permitted by the Act and the Sales Terms are to be modified to the extent necessary to give effect to that intention. Where the Act applies to these Sales Terms: If the products are acquired by you for business purposes, you agree that the Act does not apply; and If the products are not acquired by you for business purposes, we reserve the right to replace any Products which fail to comply with any guarantee contained in the Act. You acknowledge that we do not provide any Express Guarantees (as defined in the Consumer Guarantees Act 1993) other than those expressly confirmed by us in writing.
DISPUTES
Any dispute relating in any way to your visit to Fonefix or to products you purchased through Fonefix shall be submitted to confidential arbitration in New Zealand, except that, to the extent you have in any manner violated or threatened to violate Fonefix intellectual property rights, Fonefix may seek injunctive or other appropriate relief in any court in New Zealand, and you consent to exclusive jurisdiction and venue in such courts. The arbitrators’ award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to Fonefix. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
QUESTIONS
Questions regarding our Conditions of Usage, Privacy Policy, or other policy-related material can be directed to our support staff by clicking on the "Contact Us" link in the side menu. Or you can email us at: [email protected]
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