Terms of Service

Overview

Welcome to Gather Studio. The terms 'we', 'us' and 'our' refer to Gather Studio. Gather Studio operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the 'Services'). Gather Studio is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these 'Terms of Service' or 'Terms') describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

Access and Account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or purchasing any services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

Our Products

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colours or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

Orders

When you place an order, you are making an offer to purchase. Gather Studio reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Gather Studio confirms acceptance. We must receive and process your payment before your order is accepted.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

Prices and Billing

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, or import charges.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card details, so that we can complete your transactions and contact you as needed.

Intellectual Property

Our Services, including all trademarks, brands, text, displays, images, graphics, video, and audio, and the design, selection, and arrangement thereof, are owned by Gather Studio, its affiliates or licensors and are protected by New Zealand and international copyright and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of the material on the Services without our prior written consent.

Optional Tools

You may be provided with access to tools offered by third parties as part of the Services, which we neither monitor nor have any control over. We provide access to such tools 'as is' and 'as available' without any warranties or conditions of any kind. Any use of optional third-party tools is entirely at your own risk.

Third-Party Links

The Services may contain links to websites operated by third parties. We are not responsible for the content or accuracy of any third-party websites. If you leave the Services to access these sites, you do so at your own risk.

Relationship with Shopify

Gather Studio is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Gather Studio. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Gather Studio. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Gather Studio.

Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read our privacy policy.

Feedback

If you submit any ideas, suggestions, feedback, or reviews, you grant us a perpetual, worldwide, royalty-free license to use, reproduce, modify, publish, and distribute such feedback in any medium for any purpose. You represent and warrant that you own or have all necessary rights to all feedback you submit.

Errors, Inaccuracies and Omissions

Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.

Prohibited Uses

You may access and use the Services for lawful purposes only. You may not use the Services for any unlawful or malicious purpose, to infringe upon intellectual property rights, to harass or harm any person, to transmit false or misleading information, or to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services.

Termination

We may terminate this agreement or your access to the Services at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED BY GATHER STUDIO, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, GATHER STUDIO SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES.

Indemnification

You agree to indemnify, defend and hold harmless Gather Studio, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, due to or arising out of your breach of these Terms of Service, your violation of any law or the rights of a third party, or your access to and use of the Services.

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of New Zealand. You and Gather Studio consent to the exclusive jurisdiction of the New Zealand courts.

Changes to Terms of Service

We reserve the right to update, change, or replace any part of these Terms of Service by posting updates to our website. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.