Terms of Service
3PLW NZ (“3PLW.NZ”, “we”, and “us”) operates the website https://3PLW.NZ/ (“Website”). The Website provides users (“User(s)”, “you”) with various services, including but not limited to, creating and managing shipments, warehousing, inventory management, order fulfillment, pick and pack services, distribution, returns handling, and other logistics-related services (collectively, “Services”). By creating an account or using any Services provided by us, you acknowledge that you have read, understood, and agreed to the Terms of Service and our Privacy Policy(“Privacy Notice”). These documents are accessible on our Website. If you do not agree with any part of these terms, you are not authorized to use our Website or Services.
1. Acceptance of Terms of Service
If you are entering into these Terms of Service on behalf of a company, business, or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms of Service. In such cases, "you" or "your" shall refer to the entity and its affiliates. If you lack such authority or disagree with these Terms of Service, you shall not accept them on behalf of the entity, and you are not authorized to use this Website or our Services.
By registering for the Services, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Services' registration form. Our collection and processing of registration data and certain other information about you are governed by our Privacy Policy.
You acknowledge and agree that we may change or otherwise modify the Terms of Service in the future. Such changes and modifications shall become effective immediately upon posting to the Website. Your continued access or use of this Website after such changes constitute your acceptance of the modified Terms of Service. We will endeavor to notify you of any changes to the Terms of Service, but our failure to do so does not excuse your obligation to comply with any modified Terms of Service. You agree to periodically review the most current version of these Terms of Service as posted on the Website.
You agree and acknowledge that you may be subject to additional terms applicable to certain Services provided by us that may be attached to such Services from time to time. All such terms are hereby incorporated by reference into these Terms of Service.
In the event that you commit any breach or violation of any terms and conditions under our Terms of Service, we shall be entitled to immediately terminate our Services, suspend your 3PLW.NZ account, and/or take other legal action available to us.
The use of any services not provided by us directly (including, without limitation, warehousing services) requires you to enter into a separate legally binding service agreement with a third-party service provider. You acknowledge and agree that we do not assume any liability whatsoever for acts, errors, or omissions (including, without limitation, any negligence or willful misconduct) of any third-party service providers with whom you or any of your affiliates may contract, regardless of the purpose.
2. Description of Services
For the purpose of these Terms of Service, “Services” shall include (a) the account services of the Website, (b) all software, data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the “Content”), and (c) shipment services, warehousing, inventory management, order fulfillment, pick and pack services, distribution, returns handling, and other logistics-related services. Any new feature added to, or augmenting the Services, is also subject to these Terms of Service.
3. Prohibited Products
The following are the types of products that, for everyone’s safety, you are prohibited from shipping through 3PLW.NZ:
Any product related to illegal activities or which is prohibited by law in the place of origin, the destination, or any sites through which such product travels.
Any product requiring specific licenses to store or distribute. Examples of products with distribution and licensing requirements may include, but are not limited to:
Live plants and animals;
Alcoholic beverages;
Ammunition and firearms;
Tobacco;
Firearms and any kind of weapon;
Prescription pharmaceuticals or other dangerous drugs;
Explosive or hazardous products;
Unique or one-of-a-kind materials;
Precious metals in the forms of bullion or reserves.
3PLW.NZ shall not be liable for any loss, damage, or destruction of such prohibited products.
4. General Conditions/Access and Use of the Services
Subject to these Terms of Service, you may access and use the Services only for lawful purposes. All rights, titles, and interests in and to the Services and their components will remain with and belong exclusively to 3PLW.NZ. You shall not (a) sublicense, resell, rent, lease, transfer, assign, time-share, or otherwise make the Services available to any third party without written consent from 3PLW.NZ; (b) use the Services unlawfully, including in violation of any data, privacy, or export control laws, or in any manner that disrupts the integrity or performance of the Services or violates our Terms of Service; or (c) modify, adapt, or hack the Services to gain unauthorized access to the Services or their related systems or networks. You shall comply with any codes of conduct, policies, or notices 3PLW.NZ provides or publishes in connection with the Services and promptly notify 3PLW.NZ of any security breaches related to the Services.
You may not tender for shipment any of the prohibited items listed under Clause 3.1. You grant 3PLW.NZ and any authorized third parties the right to inspect your Shipment at any time. We reserve the right to reject or suspend the carriage of any item.
You will not use the Services to (or assist another person to):
Upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have the right to upload under any law or contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, racially, ethnically, or otherwise objectionable; or (vi) in the sole judgment of 3PLW.NZ, is objectionable or restricts or inhibits any other person from using or enjoying the Services, or which may expose 3PLW.NZ or its users to any harm or liability of any type;
Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services; or
Violate any applicable local, state, national, or international law, or any regulations having the force of law;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.
You are solely responsible for all data, information, feedback, suggestions, text, content, and other materials that you upload, post, deliver, provide, or otherwise transmit or store in connection with or relating to the Services ("Your Content"). 3PLW.NZ reserves the right to access your account to respond to your requests for technical support. By posting Your Content on or through the Services, you hereby grant 3PLW.NZ a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, modify, reproduce, distribute, display, publish, and perform Your Content in connection with the Services and to improve 3PLW.NZ’s products and Services, subject to the terms and conditions of these Terms of Service and our Privacy Policy. 3PLW.NZ has the right, but not the obligation, to monitor the Services, Content, or Your Content and to disclose Your Content if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of 3PLW.NZ, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect against legal liability. 3PLW.NZ may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
You understand that the operation of the Services, including Your Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices; and (c) transmission to 3PLW.NZ’s third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Services. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection, and backup of Your Content. 3PLW.NZ will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction, or loss of any of Your Content.
You are responsible for obtaining and maintaining any equipment and ancillary Services needed to connect to, access, or otherwise use the Services, including, without limitation, browsers, modems, hardware, servers, software, operating systems, networking, web servers, and internet Services (collectively, “Equipment”). You are responsible for ensuring that such Equipment is compatible with the Services and complies with all configurations and specifications set forth in 3PLW.NZ’s published policies then in effect. You are also responsible for maintaining the security of the Equipment, your account, passwords (including but not limited to administrative and user passwords), and files, and for all uses of your account or the Equipment with or without your knowledge or consent.
The failure of 3PLW.NZ to exercise or enforce any right or provision of these Terms of Service shall not be a waiver of that right. You acknowledge that these Terms of Service form a contract between you and 3PLW.NZ, even though it is electronic and not physically signed by you and 3PLW.NZ, and it governs your use of the Services and takes the place of any prior agreements between you and 3PLW.NZ.
Subject to the Terms of Service hereof, 3PLW.NZ may (but has no obligation to) provide technical support Services through email in accordance with our standard practice. 3PLW.NZ might use the consignee's personal information to send updates about their packages, gain feedback, and for any other purpose necessary to carry on its Services.
If you wish to change any information regarding the Shipment, such as address, items included, or other matters, you shall notify 3PLW.NZ customer service at service@3plw.nz. If the Shipment has already been handed over to any shipping company, courier, or mail service (“Courier”), such changes may not become effective, or the Courier may ask for a fee to validate the change.
If a Shipment is recalled and the Courier does not provide the returned delivery to the sender address, the Shipment will be returned to 3PLW.NZ. You may choose to collect the Shipment at your own expense at a designated location provided by 3PLW.NZ, or pay a return shipping fee in the amount of $50 per Shipment, and 3PLW.NZ will ship it to your sender address. The Shipment will only be delivered to a local sender address. If you do not collect the Shipment within thirty (30) days from the date the Shipment is returned to 3PLW.NZ, 3PLW.NZ will ship it to your sender address and deduct the return shipping fee from your account.
5. Account
To create an account with 3PLW.NZ, you agree to provide accurate information to the best of your knowledge and belief (“Registration Information”) and promptly update this information as necessary. Access to and use of the 3PLW.NZ account is restricted to authorized users only.
You agree not to share your password(s), account information, or account access information with any third party. You are responsible for maintaining the confidentiality of your password(s) and account information, and for all activities that occur under your password(s) or account(s). You agree to notify 3PLW.NZ immediately of any unauthorized use of your account. 3PLW.NZ shall not be liable for any unauthorized use of your account.
You may invite other users to share your account (“Invited Member”). However, you are responsible for the actions and activities of such Invited Members on your 3PLW.NZ account.
6. Payment
1. Billing You must provide complete and accurate payment information. Payment for 3PLW.NZ Services shall be made by any of the accepted payment methods as set out on the tax invoice.
2. Shipping Fees A shipping fee will be charged for each Shipment, including all costs related to the Shipment as quoted by 3PLW.NZ (“Shipping Fee”). This includes shipping cost, fuel surcharge, insurance fee, import tax, import duty, remote area surcharge, courier tax handling fees, pick-up fees, and any other amount related to shipping activities. You acknowledge that the Shipping Fee does not include additional fees from separate agreements with third-party service providers.
3. Discrepancies Quotations for Shipping Fees by 3PLW.NZ are based on the information you provide, including sender’s address, receiver’s address, weight, dimensions, and item value. If there is a discrepancy between the quoted Shipping Fees and actual costs due to incorrect information provided by you, such as incorrect weight, dimensions, value, or addresses, you will be responsible for the discrepancy amount. 3PLW.NZ disclaims liability for Shipping Fees errors due to inaccurate or incomplete information. 3PLW.NZ agrees to make reasonable efforts to bill such discrepancy amount to your account promptly but makes no representations or warranties regarding the time needed to complete processing.
4. Currency Fluctuations 3PLW.NZ reserves the right to adjust its pricing in response to currency fluctuations, including changes in currency conversion rates, conversion fees, and discount rates.
5. Shipping Fee Disputes If you disagree with any Shipping Fees charged to your account, you must submit a complaint to 3PLW.NZ within thirty (30) days of the fee being charged (“Dispute Period”). 3PLW.NZ will not review requests for Shipping Fee adjustments received after the Dispute Period.
6. Taxes You acknowledge that all fees, charges, and rates charged by 3PLW.NZ are exclusive of any applicable value-added, sales/use, or goods and services taxes (“Transaction Taxes”) which may be levied in connection with the supply of Services. You are responsible for paying all Transaction Taxes arising from the Shipping Fees or other amounts charged by 3PLW.NZ.
Users who incorrectly declare the commodity type and/or value of their shipment(s) may be charged a penalty of US$100 or the difference between the declared value and the transactional value, whichever is higher.
7. Intellectual Property
1. 3PLW.NZ Property For the purposes of this Agreement, "3PLW.NZ Property" shall mean (a) 3PLW.NZ methodology for the provision of Services; (b) the Developer Tools; and (c) 3PLW.NZ ideas, websites, designs, processes, code, technology, software, copyrights, logos, domain names, patents, trade secrets, trademarks, products, and materials. 3PLW.NZ hereby retains all worldwide rights, titles, and interests in and to the 3PLW.NZ Property. Any rights not expressly granted herein to the 3PLW.NZ Property shall be retained by 3PLW.NZ. You acknowledge that all rights, titles, and interests in and to the 3PLW.NZ Property are owned by 3PLW.NZ.
2. Additional Restrictions Other than as permitted herein, you shall not (and you shall not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the 3PLW.NZ Property, or otherwise attempt to discern the functioning or operation of the Website or Services; or copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. For clarification purposes, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of 3PLW.NZ, and you shall not copy, imitate, or use them without our express prior written consent. You may use HTML logos provided by 3PLW.NZ through our merchant Services, auction tools features, or affiliate programs without prior written consent solely for the purpose of directing web traffic to www.3plw.nz. You shall not alter, modify, or change such HTML logos in any way, use them in a manner that is disparaging or otherwise adverse to 3PLW.NZ or the Services, or display them in any manner that implies 3PLW.NZ sponsorship or endorsement. You shall not (and you shall not permit others on your behalf to): (i) use any robot, spider, scraper, or other automated means to access the 3PLW.NZ Website or Services for any purpose without 3PLW.NZ express written permission, (ii) interfere or attempt to interfere with the proper working of our Website or any activities conducted on the Website, or (iii) bypass any measures 3PLW.NZ may use to prevent or restrict access to the 3PLW.NZ Website or the Services.
3. Client Property All materials provided by you shall be deemed “Client Property” for purposes of the Agreement. You hereby grant to 3PLW.NZ a non-exclusive license to the Client Property solely as needed to provide the Services. No other licenses, express or implied, under any intellectual property rights are granted by you to 3PLW.NZ under these Terms of Service.
8. Confidential Information
1. Definition Each party ("Recipient") acknowledges that it may receive Confidential Information from the other party ("Discloser"). Confidential Information means any information provided by the Discloser that is marked or designated as confidential, or that the Recipient knew or should have known was confidential due to the circumstances surrounding the disclosure.
2. Exclusion Information that falls under the following categories is not considered Confidential Information: (a) Non-transactional Confidential Information, (b) information publicly known at the time of disclosure, (c) information received without restriction from a third party, (d) information published or made known to the public by the Discloser, (e) information independently generated without reference to the Discloser’s Confidential Information, or (f) information required to be disclosed under a court order or applicable government rule, regulation, or statute, provided the Recipient gives prior written notice to the Discloser (as permitted by law).
3. Non-transactional Confidential Information Except for transactional information required for 3PLW.NZ to provide Services, 3PLW.NZ does not require or desire any of your proprietary information ("Non-transactional Confidential Information"). You agree not to provide 3PLW.NZ with any Non-transactional Confidential Information without express prior written consent. If you send such information without prior consent, 3PLW.NZ is not obligated to treat it as Confidential Information.
4. Standard of Care The Recipient shall not use the Confidential Information for any purpose other than as required by these Terms of Service. The Recipient shall not disclose Confidential Information to any third party, other than as required to perform the Services. The Recipient shall use at least the same standard of care to protect the Discloser’s Confidential Information as it does with its own Confidential Information, but no less than reasonable care. Each party acknowledges that a breach of this provision would cause irreparable harm, and the other party will be entitled to seek injunctive relief to enforce this section.
5. Return or Destruction Except for transactional information retained in the ordinary course of 3PLW.NZ’s business, each party shall promptly return or confirm destruction of all Confidential Information after receipt of a written request from the other party.
6. Aggregate Use Subject to these Terms of Service, you acknowledge and agree that 3PLW.NZ may compile aggregate results from your use of the Services, provided that no information that individually identifies you is disclosed ("Aggregate Information"). Aggregate Information shall be deemed 3PLW.NZ’s Confidential Information. You agree that 3PLW.NZ may review and use your individual use of the Services to provide Services to you, evaluate their provision, and improve their offerings.
7. Privacy Policy 3PLW.NZ is committed to protecting your privacy. Any information you provide to us or input on the Website will be used in accordance with our Privacy Policy. We do not sell, rent, or disclose your Confidential Information to third parties without your consent or as permitted by the Privacy Policy.
9. Indemnification
You agree to indemnify and hold harmless 3PLW.NZ, our officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services and/or your violation of the Terms of Service. By requesting our Service, you agree to indemnify and hold harmless 3PLW.NZ from any and all claims for transportation, storage, handling, and other charges relating to the goods in respect of the Shipment, including undercharges, rail demurrage, truck/intermodal detention, and other charges of any nature, whether or not 3PLW.NZ accepts such order.
10. Disclaimers
As Is 3PLW.NZ endeavors to provide the Services in accordance with these Terms of Service. Users acknowledge that the Services and the Website are provided on an “as is” and “as available” basis. 3PLW.NZ and its suppliers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The use of the Services, Website, or third-party services shall be at your own risk.
No Continuous Access 3PLW.NZ does not guarantee continuous, uninterrupted, or secure access to the Services. Operation of the Services may be interfered with by numerous factors outside of our control. 3PLW.NZ will make reasonable efforts to process requests for receiving or shipping merchandise in a timely manner but makes no representations or warranties regarding the amount of time needed to complete processing because our Services depend on many factors outside of our control, such as delays caused by third parties. 3PLW.NZ is not liable for any direct, indirect, incidental damage, loss of profit, goodwill, use, or data resulting from our inability to provide the Service. We reserve the sole right to discontinue the Website and our Services, including any of the Website’s features, at any time with or without notice to you.
Others You understand that 3PLW.NZ does not inspect your goods nor does it take any responsibility for the business decisions you make and implement through the Services. You acknowledge that 3PLW.NZ is not the Merchant of Record, nor the Importer of Record, nor the owner of any product shipped by you through 3PLW.NZ.
11. Limitation of Liability
1. Third-Party Liability By accepting the Terms of Service, you acknowledge and agree that 3PLW.NZ does not assume any liability whatsoever for acts, errors, or omissions (including, without limitation, any negligence or willful misconduct) of any third-party service providers with whom you or any of your affiliates may contract, regardless of the purpose.
2. Waiver of Consequential Damages and Limitation of Liability In no event shall 3PLW.NZ be liable for any indirect, incidental, special, or consequential damages, or damages for loss or damage of Shipments, loss of profits, revenue, data, or use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, the Website, any content, or any third-party websites and content. Other than as set forth below, in no event shall 3PLW.NZ's liability under this agreement exceed the monies paid or payable by you to 3PLW.NZ for the applicable services excluding carrier fees or other third-party fees (“damages cap”). In the event of an unauthorized transaction by a 3PLW.NZ employee or agent, 3PLW.NZ is only liable for the damages cap. 3PLW.NZ must be notified within five (5) days after any unauthorized transaction, or you acknowledge to waive all damages from 3PLW.NZ.
3. Declaration and Accurate Information You are responsible for providing complete and accurate information regarding the Shipment, including but not limited to the item category and item value. You shall be responsible for any error, damage, expense, or consequence resulting from incorrect or incomplete information provided to us. You shall further indemnify 3PLW.NZ for and hold 3PLW.NZ harmless from any loss or expense resulting from the incorrect information provided by you. 3PLW.NZ shall not be responsible for losses or damages if any item contained in the Shipment is wrongfully declared. Moreover, 3PLW.NZ is not responsible for any damages or losses due to customs practices. 3PLW.NZ shall not be liable for the accuracy and truthfulness of the information provided by you.
4. Import Taxes and Duties When scheduling a Shipment with 3PLW.NZ and purchasing a shipping label, you have the option of choosing between DDU Shipment or DDP Shipment. In DDU Shipments, you choose not to pay in advance for any taxes and duties in the destination country, for which the receiver will be billed accordingly. By using DDU Shipment, users acknowledge that any local customs charges, import taxes, import duties, last-mile delivery fees, or any other extra charge(s) regarding the Shipment (“Taxes and Duties”), will be the receiver’s sole responsibility. 3PLW.NZ shall not be liable for any discrepancies between the Shipping Fee quoted by 3PLW.NZ and any local fee, or additional delivery fee charged to the receiver. In the event that you wish to avoid the receiver being charged any additional fees, you may use DDP Shipment, in which you agree to pre-pay the Taxes and Duties for the destination country at the time you purchase the shipping labels. 3PLW.NZ will provide you with an estimate of the Taxes and Duties prior to each Shipment for your reference (“Estimate”). For DDU Shipments, such Estimate is for reference only, and the Shipment may be subject to additional charges depending on local customs practices. For DDP Shipments, 3PLW.NZ guarantees that the Estimate is binding, and any Taxes and Duties payable by the user shall not exceed the Estimate provided by 3PLW.NZ. Users shall not be liable for any discrepancy between the Shipping Fee quoted by 3PLW.NZ and any local fee or additional delivery fee, provided that all information regarding the Shipment submitted to 3PLW.NZ by the user is complete and accurate. 3PLW.NZ reserves the right to charge a user using DDP Shipments additional fees in respect of excessive Taxes and Duties resulting from incomplete and/or inaccurate information provided by the user used to compute the Estimate.
5. Customs 3PLW.NZ shall not be liable for any loss, delay, or damage of items shipped while in the hands of local customs. Additionally, 3PLW.NZ shall not be held responsible if local customs confiscates, holds, or denies release of the Shipment to the receiver.
6. Service Provided by Courier 3PLW.NZ is a technology platform that connects shippers and couriers. Under no circumstances will 3PLW.NZ be liable for any Services provided by any Courier. 3PLW.NZ is not liable for any damage, destruction, or loss of Shipment, late delivery, or issues with tracking by the Courier. 3PLW.NZ is not liable for acts, errors, or omissions (including, without limitation, any negligence or willful misconduct) of any third-party service providers (including, without limitation, any delay, wrong, or missed pickup by the Courier). If you buy a shipping label from a Courier that does not provide pickup service, you agree to be responsible for delivering the Shipment to the designated drop-off point. 3PLW.NZ is not liable for the delivery time information shown on the Website. 3PLW.NZ is not responsible for any delayed delivery. Furthermore, 3PLW.NZ connects warehouse service providers with potential clients. You acknowledge and agree that we do not assume any liability whatsoever for acts, errors, or omissions (including, without limitation, any negligence or willful misconduct) of any third-party service providers with whom you or any of your affiliates may contract, regardless of the purpose.
7. Other 3PLW.NZ is not liable for any fees or expenses resulting from a change of information from your side (e.g., change of address, order cancellation, or order callback) after a Shipment has been confirmed and paid for. 3PLW.NZ is not liable for any delay in the generation of shipping documents.
12. Insurance
You may purchase insurance coverage for your Shipments through 3PLW.NZ.
13. Termination
You have the right to terminate your account at any time by sending a cancellation request to service@3plw.nz. Subject to earlier termination as provided below, 3PLW.NZ may terminate your account and these Terms of Service at any time by providing thirty (30) days' prior notice to the administrative email address associated with your account. In addition to any other remedies we may have, 3PLW.NZ may also terminate these Terms of Service upon thirty (30) days’ notice (or ten (10) days in the case of non-payment) if you breach any of the Terms of Service. 3PLW.NZ reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof). Upon any termination of your account, 3PLW.NZ may store all of Your Content on the Services, or it may be permanently deleted, at 3PLW.NZ's sole discretion. 3PLW.NZ will reimburse any remaining balance within ninety (90) days.
14. Disputes
While disagreements sometimes arise, 3PLW.NZ aims to address any complaints proactively. Please log a support case for resolution by emailing service@3plw.nz. If escalation is needed, email service@3plw.nz regarding your unresolved case and concern. This does not waive the notice requirement set forth below.
15. Governing Law and Venue
These Terms of Service shall be governed by the laws of New Zealand. By using our Services, you agree to submit to the exclusive jurisdiction of the courts of New Zealand.
16. General Provisions
1. Severability If any provision of these Terms of Service is held invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to make it valid and enforceable. The remaining provisions of these Terms of Service shall remain in effect and enforceable in accordance with their terms.
2. No Waiver The failure or delay of 3PLW.NZ to exercise a right or power under these Terms of Service shall not operate as a waiver thereof, nor shall any single or partial exercise of a right or power preclude any other future exercise thereof.
3. Notices to You You agree that 3PLW.NZ may provide notice to you by posting it on our Website, emailing it to the email address listed in your account, showing a notification when you log in to your account, or mailing it to the street address listed in your account. Such notice shall be considered received, read, and understood by you within 24 hours of the time it is posted on our Website or emailed to you. If the notice is sent by mail, it will be considered read and understood within 24 hours of delivery. 3PLW.NZ reserves the right to terminate your account if you withdraw your consent to receive electronic communications.
4. Assignment You may not transfer or assign any rights or obligations you have under this Agreement without 3PLW.NZ's prior written consent, and any attempted assignment without that consent will be void. 3PLW.NZ reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time. Subject to the foregoing provisions of this section, these Terms of Service shall be binding on and inure to the benefit of the parties’ successors and assigns.
5. Attorneys’ Fees and Costs 3PLW.NZ shall have the right to collect from you its reasonable costs and necessary disbursements and attorneys’ fees incurred in enforcing these Terms of Service.
6. Force Majeure 3PLW.NZ shall not be liable for any delays or inability to perform the Services caused by forces beyond 3PLW.NZ's control, including, without limitation, acts of God, acts of third-party service providers (including carriers and postage systems), war, terrorism, public enemies, seizure under legal process, strikes, lockouts, riots, civil commotions, or any reason beyond 3PLW.NZ's control, or because of loss or destruction of goods for which 3PLW.NZ is not liable, or any other excuse provided by law.
17. User Responsibilities
1. User Content Users are responsible for the content they upload, including its legality, reliability, and appropriateness. Users must ensure their content does not infringe on the rights of others or violate any laws.
2. Prohibited Activities Users shall not use the Services to engage in any activities that are illegal, harmful, or infringe on the rights of others. This includes but is not limited to distributing malware, engaging in fraudulent activities, or spamming.
18. Intellectual Property Rights
1. User Content Users retain ownership of their content but grant 3PLW.NZ a license to use, display, and distribute the content as necessary to provide the Services.
2. Feedback Any feedback, suggestions, or ideas provided by users are considered non-confidential and may be used by 3PLW.NZ without restriction.
19. Limitation of Warranties
1. No Warranty The Services are provided "as is" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
2. No Guarantee 3PLW.NZ does not guarantee that the Services will be uninterrupted, secure, or error-free.
20. Data Protection
1. Data Security 3PLW.NZ implements measures to protect user data but cannot guarantee absolute security. Users are responsible for securing their own accounts.
2. Data Processing Users consent to the processing of their data in accordance with the Privacy Policy.
21. Compliance with Laws
Legal Compliance Users agree to comply with all applicable laws and regulations in their use of the Services.
22. Governing Language
Language The governing language of these Terms of Service is English. Any translations provided are for convenience only.
23. Entire Agreement
Entire Agreement These Terms of Service constitute the entire agreement between the parties and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter hereof.
24. Dispute Resolution
Mediation and Arbitration Before resorting to litigation, parties agree to attempt to resolve disputes through mediation or arbitration, in accordance with the rules of a recognized mediation or arbitration body.
25. Contact Information
Customer Support For any questions or concerns regarding these Terms of Service, users can contact 3PLW.NZ at service@3plw.nz.