1. Introduction

1.1 These terms of service (Terms of Service or Terms, including as may be amended, supplemented or replaced from time to time) together with our Privacy Policy and any other terms or other documents referenced in them (together the Agreement) apply to any and all users of and purchasers of products from our Website (you, your).

1.2 You acknowledge that by accessing and/or using the Website, you agree to be bound by the Agreement. If you do not agree to all the terms and conditions in the Agreement, you must not access the Website.

1.3 We may amend these Terms from time to time. Where we make changes, we will update the "Last updated" date above, and where the changes are material we will use reasonable endeavours to notify you in advance (for example, by email or by a prominent notice on the Website). Changes take effect from the date the amended Terms are posted (or any later date we specify), and the Terms in force at the time you place an order will govern that order. Your continued use of the Website after the changes take effect means you accept the amended Terms. If you do not agree, you must stop using the Website and, if you hold a Subscription Plan, you may cancel it under clause 9.6 before the changes take effect.

1.4 If you have any questions or concerns in relation to the Website, our services or these Terms, please contact hello@eternalblue.co.nz.

2. Definitions and interpretation

2.1 In these Terms, unless otherwise defined in the body of the Terms, initially-capitalised terms have the following meanings:

1. Account means an account made with us to access the Website and/or the Services as contemplated in clause 6.2.
2. Authorised Card has the meaning given to it in clause 8.3.
3. Billing Date has the meaning given to it in clause 9.3.
4. CGA means the Consumer Guarantees Act 1993.
5. Content means all content, information, data, text, graphics, artwork, photographs and/or logos displayed on or contained in the Website.
6. Default Rate means an annual percentage rate equal to the corporate overdraft reference rate (monthly charging cycle) applied by Eternal Blue's primary trading bank as at the due date (or, if our primary trading bank ceases to quote that rate, then the rate which in our opinion acting in good faith is equivalent to that rate in respect of similar overdraft accommodation expressed as a percentage) plus 3% per annum.
7. Defect has the meaning given to it in clause 10.4.
8. Eternal Blue, we, us, our means Ellevate Health & Beauty Limited (company number 8229756) trading as "Eternal Blue".
9. Eternal Blue IP has the meaning given to it in clause 4.1.
10. FTA means the Fair Trading Act 1986.
11. Goods mean any goods ordered by and supplied to you via the Website in accordance with these Terms.
12. Goods Contract has the meaning given to it in clause 7.1.
13. IP Rights means all brand names, trade marks, service marks, trade names, logos, copyrights, patents, licences, designs and rights in a design, look and feel, know-how, trade secrets, inventions, technical data, concepts, ideas, moral rights and all other similar property, whether or not registered, in the course of being registered or unregistered and any analogous rights worldwide.
14. Malicious Code means any thing or device (including any software, code, file or program) which may:
    1. prevent, impair or otherwise adversely affect the operation of any computer software, hardware, data or network, any telecommunications service, equipment or network or any other service or device (including the Website and/or the Services);
    2. adversely affect the user experience on the Website; or
    3. include trojan horses, viruses, worms, cancelbots, back doors, easter eggs, time bombs, trap doors, files, scripts, agents or other programs intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
15. personal information has the meaning given to it in the Privacy Act 2020.
16. Privacy Policy means the Eternal Blue privacy policy available at www.eternalblue.co.nz/privacy, as amended or updated from time to time in accordance with its terms.
17. Services means any services provided or made available to you by Eternal Blue via the Website, including in relation to any Subscription Plan.
18. Subscription Fees means the monthly subscription fees payable in relation to a Subscription Plan (excluding applicable GST or other taxes) as set out from time to time on the relevant pricing page of the Website.
19. Subscription Plan means the monthly Goods subscription plan made available to you from time to time on the Website.
20. Website means any website operated or made available by Eternal Blue from time to time, including without limitation the website accessible at www.eternalblue.co.nz.

3. About the Website

3.1 The information on the Website is in English, all communications shall be in English and the Website is designed to comply with New Zealand law. We may restrict access to some parts of the Website to users who have not created an Account with us.

3.2 The Website is owned and operated, and the Goods and Services provided, by Ellevate Health & Beauty Limited, a limited company registered in New Zealand with company number 8229756 and whose registered office is at Unit 305, 8 Kingsland Terrace, Kingsland, Auckland, 1021, New Zealand.

4. Our rights

4.1 Eternal Blue or its licensors own all IP Rights in the Website, in any and all Content as well as the look and feel of our Website (together the Eternal Blue IP). Eternal Blue reserves all rights in respect of the Eternal Blue IP not otherwise expressly granted to you by these Terms.

4.2 You agree that, save with our express prior written consent, you will not yourself nor allow any third party to:

1. publish, copy, distribute or modify any of the Content;
2. copy, reproduce or use any trademarks, logos or brand names which appear on the Website;
3. otherwise distribute, modify or make derivative works of any of our Eternal Blue IP or use any of our Eternal Blue IP in a manner that violates these Terms or in any way not expressly permitted by us in writing; or
4. claim or register ownership of any Eternal Blue IP on your behalf or on behalf of others.

5. Content

5.1 We have incurred significant time, effort and cost in compiling the Website and the Content on it, but neither we nor our directors, employees nor our representatives (nor any other companies within our group of companies) will be responsible for any damages, losses or costs however they arise out of or in connection with your use of or reliance on the Website or such Content.

5.2 Although we aim to provide information which is accurate and up to date, we do not guarantee that it is so. You are responsible for making sure that your reliance on the Website and the Content is suitable for your own purposes. Subject to clause 13 (Your rights as a consumer), all Content is provided on an "as-is" basis and we exclude all warranties and representations of any kind with respect to the Website and its Content to the fullest extent which the law allows. In particular, while we aim to ensure that the images or specifications of Goods on the Website are as accurate as possible, there may be slight variations between the Goods and the images shown or specifications provided online.

6. Access to the Website

6.1 Eternal Blue grants you a non-exclusive, non-transferable, limited and revocable licence to access the Website solely for your personal use and benefit in accordance with the Agreement. Your access and use of the Website and/or the Services is subject to your compliance with your obligations under the Agreement.

6.2 To make use of the full functionality of the Website and/or the Services, you have to register and create an account with us (Account). When you create an Account, you will provide personal information to us and you must ensure all of this is accurate and current. We reserve the right to terminate your Account if we suspect any inaccuracy of the personal information provided.

6.3 When using the Website or any Services available on it, you:

1. agree to keep secure and confidential any username(s) and password(s) or other credentials (Login Credentials) required for you to access and use the Website;
2. will use all reasonable endeavours to prevent any unauthorised access to, or use of, the Website using your Login Credentials and, in the event of any such authorised access or use, promptly notify Eternal Blue; and
3. authorise us to suspend or disable your access to the Website if you or we discover that any Login Credentials have been provided to any unauthorised third party.

6.4 Where you are registered to use the Website or the Services for and on behalf of a company, organisation or other entity, you represent and warrant that you have the authority to bind that company, organisation or other entity to the use of the Website or Services under the terms of the Agreement.

6.5 You acknowledge that we regularly upgrade and update the Website, the Goods and the Services as they are continually evolving. Some of these changes will occur automatically, while others may require you to schedule or implement the changes. You will, where required, upgrade your software (including your web browser) and/or devices in order to make efficient use of the Website and/or the Services, provided that we will provide you with reasonable notice of any such changes.

6.6 You shall not use the Website:

1. to send or receive any material:
   1. which is technically harmful (including any Malicious Code);
   2. which is threatening, grossly offensive, indecent, obscene or defamatory of any person, in contempt of court or in breach of confidence, Eternal Blue's rights, rights of personality, publicity or privacy or any other third party rights;
   3. in respect of which you have not obtained all necessary licences and/or approvals (from us or any third party); or
   4. which constitutes or encourages conduct that would be considered a criminal offence or a breach of any applicable law;
2. for a purpose other than which we have designed or intended the Website to be used;
3. to extract data from, hack into or reverse engineer the Website or to otherwise perform or attempt to perform any actions that would interfere with the normal operation of the Website by our other users;
4. to collect or track the personal information or data of third parties or to spam, phish, pharm, pretext, spider, crawl, or scrape such third parties or information; or
5. for any fraudulent or unlawful purpose,

and we may, without liability to you, suspend or disable your access to the Website and/or the Services (or any part of them) if you are in breach of this clause 6.6.

6.7 Any linking by you to our Website from other websites is at our discretion and we may require that you stop providing links to our Website at any time.

7. Sale and purchase of Goods

7.1 The Website displays Goods which are advertised for sale and gives information about them. By advertising Goods on the Website, we are inviting you to place an order with us. We are not obliged to accept any such order and the contract between you and Eternal Blue for the sale and purchase of those goods (Goods Contract) will only be formed if and when we accept your order. Neither submitting an electronic order form, nor completing the checkout process constitutes our acceptance of your order. Our acceptance of your order and the completion of the Goods Contract (regardless of the content of any emails we may send to you) will take place upon dispatch of the Goods to you. You may include any number of items within a single order, subject to any restrictions set out in these Terms or on the Website and each order which you place will be a separate Goods Contract between you and Eternal Blue. We reserve the right to refuse to supply Goods to any person.

7.2 When placing an order for Goods on the Website, you are responsible for ensuring that the information provided by you (including personal information such as delivery / billing address, payment information, colour or specification of Goods) is complete and correct. We will not be liable for any delay to or failure of delivery of your Goods as a result of your failure to provide complete and correct information in relation to your order.

7.3 We may refuse or cancel your order if we decide it is reasonable to do so, which may include circumstances where:

1. we are unable to obtain authorised payment or the payment process is incomplete;
2. we identify an error on the Website relating to any Goods or any pricing of Goods;
3. you fail to meet any criteria for eligibility of purchase which we may impose and notify you of from time to time;
4. we suspect that your order is related to fraudulent activity;
5. you fail to submit all necessary and relevant details to allow us to fulfil the order; or
6. the Goods you have ordered are unavailable or out of stock.

7.4 In certain circumstances (which may include where your order is large volume / high value), we may contact you by telephone or email to verify details before we process and dispatch your order, failing which we may be unable to accept the order.

8. Price and payment

8.1 Prices for Goods, Subscription Fees and all applicable delivery charges are as published on the Website. All prices for Goods and any Subscription Fees (see clause 9) are in New Zealand dollars and include GST. The delivery charge for each order is shown separately on the shopping basket page below your chosen items.

8.2 Offers and promotions on the Website are subject to availability and we may change or withdraw them at any time and without notice. Nothing shall oblige us to maintain offers or promotions for any period. Additional terms may apply, details of which will be displayed.

8.3 We must receive payment for the Goods in full before they are dispatched. We accept payment via credit and debit cards, including Visa and Mastercard. In respect of any valid card that you authorise as a payment method (Authorised Card), by placing an order using that Authorised Card you confirm that you have authority to charge that card. Cardholders may be subject to additional validation and security checks as well as authorisation by the issuer of the Authorised Card and any additional terms imposed by the issuer. If the issuer does not authorise payment, we will not accept your order and will not be liable for any delay or non-delivery.

8.4 Your card provider may charge you for using your Authorised Card. Please check the terms and conditions with your card provider carefully and in advance of submitting your payment details.

8.5 You acknowledge and agree that payments from your Authorised Card are processed on our behalf by a third party payment service provider, Stripe, Inc. (Payment Processor). When you provide card or payment details, those details are collected and processed by the Payment Processor in accordance with its own terms and privacy policy, and your use of the payment functionality is subject to those terms. We do not store your full card details. The Payment Processor maintains compliance with the Payment Card Industry Data Security Standard (PCI-DSS).

8.6 If we do not have sufficient stock of Goods, we will notify you by e-mail or telephone and your payment transaction will be cancelled or refunded. We will do this as soon as possible and by no later than five days from the date of your order. We will not be responsible for any compensation if Goods which you order are not available for any reason.

8.7 You are responsible for all applicable taxes that arise from or as a result of your purchase of any Goods (including under any Subscription Plan). To the extent that we charge for these taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. Such amounts are in addition to the Subscription Fees for such Goods and Services and will be billed to your Authorised Card.

8.8 If you are required by law to deduct or withhold taxes or charges from the amounts due to Eternal Blue under the Agreement, you will ensure that the amount due to us is increased so that the payment actually made to us is the amount due to us as if no such taxes or charges had been imposed.

9. Subscription Plans

9.1 If you subscribe for our Subscription Plan, you must pay us all Subscription Fees applicable to that Subscription Plan in accordance with this clause 9.

9.2 You must keep an Authorised Card on file with us to pay for all incurred and recurring Subscription Fees. We will charge applicable Subscription Fees to the Authorised Card and we will continue to charge the Authorised Card for applicable Subscription Fees until your Subscription Plan expires or is terminated, and any and all outstanding Subscription Fees have been paid in full.

9.3 Subscription Fees are payable monthly in advance and will be billed in monthly intervals using the Authorised Card on the commencement date of your Subscription Plan and monthly thereafter (each a Billing Date). We will provide you with a valid GST tax invoice on a monthly basis prior to the due date for the payment. You will be charged on each Billing Date for all outstanding Subscription Fees that have not previously been charged.

9.4 If we are not able to process payment of any Subscription Fees using an Authorised Card, we may make subsequent attempts to process payment using another Authorised Card. If we are unable to successfully process payment of Subscription Fees using an Authorised Card within 14 days of our initial attempt, we may suspend or disable your Subscription Plan and/or access to the Website. Your Account will be reactivated upon your payment of any outstanding Subscription Fees, plus the Subscription Fees applicable to your next billing cycle. You may not be able to access the Website during any period of suspension. If the outstanding Subscription Fees remain unpaid for 30 days following the date of suspension, Eternal Blue reserves the right to terminate your Subscription Plan and your access to the Website.

9.5 We may charge interest on overdue amounts of Subscription Fees. Interest will be calculated from the due date to the date of payment (both inclusive) at the Default Rate.

9.6 We may (a) increase any Subscription Fees by giving at least 30 days' prior notice, such increases only to take effect on a Billing Date and (b) amend these Terms in accordance with clause 1.3. If you do not wish to pay the increased Subscription Fees, or you do not accept the amended Terms, you may terminate your Subscription Plan by no less than 14 days' notice, provided the notice is received by us before the effective date of the Subscription Fee increase. If you do not terminate the Subscription Plan in accordance with this clause, you are deemed to have accepted and agreed to the increased Subscription Fees and/or amended Terms (as applicable). If you do terminate the Subscription Plan, you acknowledge and agree that any advance payment or pre-payment of Subscription Fees shall be forfeit and non-refundable.

10. Warranties and Returns

10.1 We warrant that the Goods which we supply to you will be (a) of satisfactory quality and (b) fit for the general purpose for which Goods of that nature are commonly supplied. Where the Goods are manufactured by a third party, any manufacturer's warranty supplied with the Goods applies in addition to, and does not limit, your rights under this clause 10 and the CGA.

10.2 Once your order has been received and packed by our dispatch team, we are unable to cancel or refund your order, except where the Goods are faulty or you otherwise have rights under the CGA in which case clause 10.4 shall apply.

10.3 If you have received the wrong order please email us at returns@eternalblue.co.nz as soon as it arrives and we will replace it once it has been returned back to us.

10.4 If you consider that any Goods do not materially comply with any of the warranties given in clause 10.1 or a guarantee under the CGA (each a Defect):

1. you should not make any further use of such Goods, promptly notify us by email or telephone of the alleged Defect and return the Goods at your own cost within 14 days of your receipt of the Goods in an unused, reasonable condition to our returns centre address which we notify to you. Where a parcel is lost in transit, failure to provide us with a return tracking number and non-receipt of the returns by us may impact your rights to a refund;
2. we will inspect the Goods on receipt and:
   1. if we accept that there is a Defect which has not been caused by (A) usual wear and tear, (B) damage caused deliberately or accidentally, (C) your negligence or failure to follow product instructions or (D) by the Goods having been misused, altered or repaired by you without our prior written approval, we will at our option either replace them or refund the full purchase price for Goods and in either case reimburse the reasonable cost of returning the Goods to us. We will aim to process your refund, or replace the Goods (as applicable), as soon as possible but will do so within 30 (thirty) days of you returning the Goods to us; or
   2. if we do not find any Defect, then your cancellation and refund rights are limited to those set out in clauses 10.2, although this does not affect your statutory rights.
3. Save as provided in clause 10.4(b)(i), all shipping costs associated with the return of Goods is the responsibility of the customer and (unless we determine otherwise) will not be covered by Eternal Blue.

10.5 Subject to clause 13.1 below, the remedy in this clause 10 represents our entire liability to you for any claim in respect of the Goods which the law provides, in so far as we are permitted to limit our liability to you.

11. Delivery

11.1 We aim to deliver the Goods within the estimated timescales shown on the Website. However, time is not of the essence for delivery or performance and all delivery dates specified on our Website and in any correspondence are estimates only. This means that we will not be responsible if Goods are delivered outside those times and we will not be liable for the consequences of any delay. If we are unable to deliver the Goods within the indicated timescale, we shall use reasonable efforts to tell you this by e-mail and give an amended delivery estimate.

11.2 If you order more than one product, we do not guarantee that all Goods will be delivered to you in one delivery and we reserve the right to deliver in multiple consignments.

11.3 Ownership of the Goods will only pass to you upon the later of delivery of the Goods and our receipt of payment in full of the relevant invoice. The Goods will be at your risk from the time of delivery and you should therefore take reasonable care of them.

11.4 If the Goods or quantity which you receive are not as you ordered due to our error then we will make good any such error provided you inform us by email as set out in clause 10.3 as soon as possible after you receive the Goods and become aware of the error. You are deemed to have accepted Goods if we do not hear from you with 14 days of the dispatch date of such Goods, except that this does not limit any right or remedy you have under the CGA in respect of a Defect, including a Defect that was not reasonably apparent within that period. Any Goods which you receive in error and intend to return should not be used by you and must be returned in accordance with clause 10.4.

11.5 Goods will be delivered to the address which you provide during the order process, however delivery practices may vary depending on which carrier is delivering the Goods. You must provide a valid address for delivery. The delivery method which we use may vary depending on the nature and number of the Goods. We shall select what we think is the most appropriate delivery method for the Goods and reserve the right to make alternative arrangements for delivery, which will depend upon the carrier we use to deliver the Goods. If the Goods are not delivered on the date expected you should notify us of such non-delivery within seven days of such failure of delivery.

12. Data use and privacy

12.1 In order to use the Website and the Services available on it, you may be required to provide certain information to us, some of which may comprise personal information. In some cases if you choose not to do so, some functions or features of the Website may not be available to you.

12.2 Any personal information you do provide to us, whether via the Website or otherwise, will be collected, held and used by Eternal Blue in accordance with our Privacy Policy.

12.3 When you use the Website or any part of it, or otherwise provide us with any personal information, we may create anonymised statistical data from your data and usage of the Website or our services, including through aggregation. Once anonymised, we may use it for our own purposes, such as to provide and improve the Website and our services, to develop new services or product offerings, to identify business trends and for other uses we communicate to you from time to time.

13. Your rights as a consumer

13.1 Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the CGA, the FTA or any other law that cannot lawfully be excluded, restricted or modified. Where you acquire Goods or Services as a consumer under the CGA, the CGA guarantees apply and the exclusions and limitations of liability in these Terms apply only to the extent the law allows. Those exclusions and limitations are intended to apply in full only where you acquire Goods or Services for the purposes of a business, to the extent it is fair and reasonable under section 43 of the CGA. We otherwise exclude all such imposed warranties, conditions or obligations to the extent permitted by law and exclude any warranty, condition or obligation imposed or implied under common law, equity or otherwise.

14. Disclaimers and limitations on liability relating to the Website / Content

14.1 Subject to clause 13 (Your rights as a consumer) and to the extent permitted by law, we exclude all liability to you or any third party (whether arising in contract, tort (including negligence) or otherwise) for any loss, liability, damage, cost or expense however caused (whether direct, indirect or consequential, including loss of profits, loss of bargain and loss of data) in relation to:

1. the Website and the Content (including in relation to any inaccuracies or omissions, warranties of merchantability, quality, fitness for a particular purpose, accuracy or availability);
2. any third-party content displayed on the Website (including without limitation any errors or misstatements) or any third-party site linked to from the Website; or
3. the Website being unavailable (in whole or in part).

14.2 While we do not warrant that the Website will always be accessible, uninterrupted, timely, secure, error- or fault-free or free from computer viruses or other invasive or damaging code, we will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them.

14.3 We reserve the right to make corrections and changes to the Website, and to change, remove or in any other way adapt the Content, at any time and without prior notice (including to block access to and/or to edit or remove any Content which in our reasonable opinion may give rise to a breach of these Terms or allow for repairs, maintenance or the introduction of new functionality or Content on the Website).

14.4 We may provide links to other websites from our Website. If we do this, those links are provided for your convenience only, we make no endorsements, representations, or warranties about such websites and you use the link at your own risk. We do not monitor or investigate such websites and expressly disclaim responsibility or liability in relation to the accuracy and/or content of any such websites, their privacy practices and terms of service, or any links contained on such websites, or any changes or updates to such websites.

15. Disclaimers and limitations on liability relating to Goods / Services

15.1 Subject to clause 13 (Your rights as a consumer), Eternal Blue makes no warranty, representation or guarantee regarding the information and statements about Goods and Services sold on the Website or the suitability of its Goods and Services for any particular purpose. The Goods are cosmetic products designed to support the appearance of fuller, healthier-looking hair. Results vary from person to person and depend on individual factors and we do not represent or guarantee that any particular result will be achieved. The Goods are not medicines and are not intended to diagnose, treat, cure or prevent any medical condition.

15.2 Information and statements about the Goods on the Website are general in nature and are not medical advice. You should consult a health professional about any concerns relating to your hair or health. Nothing in this clause limits the guarantees that apply under the CGA where you acquire Goods as a consumer.

15.3 Except to the extent that the law prevents us from excluding liability and as expressly provided for in clause 15.5, we will not be liable for any loss or damage or liability of any kind whatsoever (including consequential loss or lost profit or business) whether suffered or incurred by you or another person and whether in contract, or tort (including in negligence), or otherwise and whether such loss or damage arises directly or indirectly from any Goods and/or Services provided by us to you.

15.4 You will indemnify us against any loss, liability, cost or expense (including reasonable legal costs) we suffer or incur arising from a third party claim, to the extent it arises from your breach of these Terms, your misuse of the Website or any Goods or Services, or your unlawful or negligent act or omission. This indemnity does not apply to the extent the loss or liability is caused by our own breach, negligence or wilful misconduct and nothing in this clause requires you to indemnify us for any liability that cannot lawfully be passed to you (including where you are a consumer under the CGA).

15.5 To the extent that we are liable for any reason for any loss suffered or liability incurred by you arising from any breach of these Terms of Service or for any other reason, such liability is limited to the amount of the actual cost to us of supplying the Goods and/or the Services.

16. Suspension or termination of access

16.1 We reserve the right to restrict, suspend or terminate your access to the Website or the Services (or any part of them) at any time, either at will or if you use (or anyone other than you with your permission uses) the Website or any Services in contravention of these Terms.

16.2 Our rights under this clause will not prejudice any other right or remedy we may have in respect of any breach of any rights, obligations or liabilities accrued prior to such suspension or termination.

17. General

17.1 We will not be in any way responsible to you for a failure to comply with our obligations under the Agreement or any costs or liabilities which you incur as a result of any circumstances beyond our reasonable control, including but not limited to any act of God, flood, fire, trade dispute, lack of third party materials or services, epidemic or pandemic (or related government mandates).

17.2 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.

17.3 The Agreement between you and Eternal Blue is binding. You may not transfer or assign your rights or obligations to another person under the Agreement without our express agreement. We may transfer or assign our rights and obligations under the Agreement or appoint third parties to assist us in performing our obligations at any time on notice to you, provided that this will not reduce our obligations to you.

17.4 If either we or you do not at any time enforce on any rights which we have under the Agreement, then it will not affect the rights of either of us to enforce any rights at a later stage. If either of us chooses not to rely on a right which we have, it will not affect any other rights which either of us has.

17.5 Nothing in these Terms seeks to exclude or limit any rights available under applicable law which cannot be excluded or limited. This means that these Terms will not change any rights which the law grants to you which that law does not allow us to change or limit.

17.6 A person who is not party to the Agreement shall have no right to enforce any term of it, which means that only we and you have rights under the Agreement.

17.7 The Agreement is the entire agreement and understanding between you and Eternal Blue in respect of its subject matter and will supersede and replace any prior agreements, understandings or arrangements whether written or verbal. We each acknowledge that in entering into the Agreement neither of us has relied on any representation or promise given by the other or implied from anything said or written other than as specifically set out in the Agreement or on the Website.

17.8 The Agreement is governed by New Zealand law and the courts of New Zealand have non-exclusive jurisdiction in relation to any dispute arising out of or in connection with the Agreement, the Website, the Services or any Goods.