Privacy Policy

 

Amber Whitecliffe giveways on Facebook:
To enter Amber Whitecliffe Giveaways on Facebook you must be a Fan of Amber Whitecliffe on Facebook and follow the exact instructions to enter the draw each week. One entry per person unless stated otherwise. By entering you agree to Amber Whitecliffe using your name and image in marketing material. The winner will be announced via the Amber Whitecliffe Facebook Page and the winner must contact Amber Whitecliffe within 24 hours of the competition closing to claim their prize. The winner will be drawn randomly by Amber Whitecliffe after the closing time of the competition. All clothing prizes are not transferable. Limited styles and sizes may be available in some instances. Clothing prizes may not necessarily come from the latest range of Amber Whitecliffe clothing. Vouchers will have an expiry date and can not be extended, redeemed for cash or on sold. All decisions are final and no correspondence will be entered into.

 

What personal information do we collect from you and how?
Amber Whitecliffe collects personal information in several ways when you place an order or join our mailing list. If an order is placed with us, we need to hold personal information including your name, email address, phone numbers, home address, shipping and credit card billing address(es) so that we can process and fulfil your order. You may also choose to store your credit card details with us. This will only be done with your consent. Saved card details will never be shared with third parties and will only be used to process your order, using our payment partner’s systems. Additionally we may also obtain information as a result of authentication or identity checks. Sometimes we may ask for your telephone number. This number may be given to our courier for delivery services. These details allow us to process your order and to let you know the status of your order.

 

How this information may be used, including anyone it might be shared with:
‘Amber Whitecliffe’ may use your personal information for the processing of orders, payments and to provide you with a personalised shopping experience. We will also use your details to fulfil and deliver your orders and manage your account. Your personal information may also be checked with credit agencies to prevent fraud. Where there is a legal obligation to do so, we may disclose your information to any relevant regulatory body. Information can also be used if you sign up to data base, which send out information about products, sales, new events etc.

 

Opt-in and opt-out provision:
At all times, we will offer you the opportunity to opt-out of any service to which you have subscribed. Any e-mail we send you will contain an easy automated opt-out link so that you can opt-out of that particular mailshot. Simply follow the indications in the e-mail. In particular, you can opt-out from having your personally identifiable information shared with our business partners or ‘Amber Whitecliffe’ subsidiaries (except as required by law, court order, or as requested by other government or law enforcement authority or as may be required to deliver your purchases). It is not the Company’s current policy to share its customers’ personal details with third parties other than as stated herein.

 

Should you choose to have your name and personal data removed from our database all together, you can do so by sending an email to hello@amberwhitecliffe.com.
How you can access and, if necessary, change the personal information ‘Amber Whitecliffe’ maintains?
If for any reason you are concerned that the personal information held by ‘Amber Whitecliffe’ is not correct, you may contact us by email at hello@amberwhitecliffe.com and we will amend your personal details.

 

Where and how to ask questions or file complaints:
If you require further information about our Privacy Policy, please email hello@amberwhitecliffe.com.

 

Intellectual property rights:
You acknowledge and agree that all copyright, designs, trademarks and all other intellectual property and material rights relating to the content as herein described, including ‘Amber Whitecliffe’ Software and all HTML and other code contained in this site, shall remain at all times vested in ‘Amber Whitecliffe’ and/or are the property of their respective owners. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by international intellectual property and other laws and international treaty provisions. You are permitted to use the content only as expressly authorised by ‘Amber Whitecliffe’ and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

 

Content:
In addition to the Intellectual property rights mentioned above, Content is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Amber Whitecliffe tries to ensure that the information on this site is accurate and complete. Amber Whitecliffe does not warrant or represent that Amber Whitecliffe’s content is accurate, error-free or reliable or that your use of Amber Whitecliffe’s content will not infringe rights of third parties. Your use of the website is at your risk. Amber Whitecliffe does not warrant that the functional aspects of the website or Amber Whitecliffe’s content will be error free. Amber Whitecliffe content or the server that makes it available are free of viruses or other harmful components. If your use of this website, or Amber Whitecliffe content results in the need for servicing or replacing property, material, equipment or data, Amber Whitecliffe is not responsible for those costs. Without limiting the foregoing, everything on the website is provided to you “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. Amber Whitecliffe makes no warranties about Amber Whitecliffe content, software text, downloads, graphics, and links, or about results to be obtained from using the website. You bear the entire risk of the completeness, accuracy or usefulness of any content found on this site. Amber Whitecliffe reserves the right to withdraw, temporarily or permanently, any content from this site at any time and for any reason. Removal may be immediate and without notice. You confirm that Amber Whitecliffe is not liable to you or any third party for any such withdrawal.

 

No commercial use:
This site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products, or services contained within this site. You may not use this site, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own site.

 

Your activity:
You use this site at your sole risk. You agree that you will be personally responsible for your use of this site and for all of your communication and activity on this site. We reserve the right to deny you access to this site, or any part of this site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this site on a temporary or permanent basis and any decision to do so is final.

 

Third party:
We may include hyperlinks on this site to other websites or resources operated by parties other than Amber Whitecliffe. Amber Whitecliffe is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

 

General:
While Amber Whitecliffe will use reasonable endeavours to verify the accuracy of any information it places on the site, it makes no warranties, whether express or implied in relation to its accuracy. This site is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to this site, or any transaction that may be conducted on or through this site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade. We make no warranty that this site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through this site. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these TOS shall limit your rights as a consumer under New Zealand law. You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this site and any information provided to or taken from this site by you. You agree that we will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the TOS.

 

Indemnification:
At our request, you agree fully to defend, indemnify and hold harmless Amber Whitecliffe immediately on demand from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you or any other liabilities arising out of your use of this site, or the use by any other persons accessing this site using your internet account. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder.

 

Our relationship:
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Amber Whitecliffe as a result of the TOS or your use of this site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Amber Whitecliffe, and we shall not be liable for any representation, act, or omission on your part.

 

Entire agreement:
The TOS (as amended from time to time) constitutes the entire agreement between you and Amber Whitecliffe regarding your use of this site, and supersedes any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and Amber Whitecliffe in relation to such matters. In the event any other rules, code of conduct, or other matter posted on this site conflicts with the terms of the TOS, the TOS shall govern. No oral explanation or oral information given by any party shall alter the interpretation of the TOS. You confirm that, in agreeing to accept the TOS, you have not relied on any representation save insofar as the same has expressly been made a representation in the TOS and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of the TOS save that your agreement contained in this clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of the TOS.

 

No waiver:
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.