Terms and conditions
Payment must be made before we begin processing your selected Disclosure Statements.
The statements will be provided by email, if another method is requested please allow extra
time for delivery.
The information provided on any Disclosure Statements is intend ed for the seller. The seller
or their authorised person is required to sign the disclosure s tatement prior to it's use.
Oxygen has prepared the disclosure statement for the seller on the information that is known
to Oxygen. The seller is ultimately responsible for ensuring the accuracy of the information
contained in the Disclosure Statement in respect of their own k nowledge and information
available to them in respect of their unit and any accessory un its as well as knowledge and
information available to them about their Body Corporate. The seller indemnifies Oxygen
(and it's parent company Hutt City Limited) as well as Oxygen' s employees and agents
against any claim or claims by any buyer or their representativ es, agents, advisors or any
other person associated with the buyer in the purchase transact ion of the unit and any
Email is inherently subject to delay or some fault in transmiss ion, alteration, interception
and or computer viruses. Oxygen has anti-virus measures in plac e but no assurance
or guarantee is implied or should be construed that your reques t, this message or its
attachments are free from computer viruses or hacking. Oxygen o r its parent company
assumes no responsibility for any hacking, viruses or any ef fects of such on the recipient,
or the recipient's systems or data.
The following Terms and Conditions govern the use of Oxygen's Online Service (the Service) including ordering of document and participation in promotions run by Oxygen through its web site www.oxygen.co.nz (the Site) and other channels including but not limited to specific purpose web sites, telephone, mail and fax order.
You can access this Agreement at any time from any page of the Site.
We make every effort to ensure all information on this site is accurate and up to date. However, in the event a product is listed at an incorrect price, or with incorrect information, Oxygen shall have the right to refuse or cancel any order placed for product listed at the incorrect price. Oxygen shall have the right to refuse or cancel any such order whether or not any such order has been confirmed and your credit card charged. If your credit card has already been charged for such purchase and your order is cancelled, Oxygen shall refund the amount of the charge.
All prices are in New Zealand dollars (NZ$) and include GST (at 15% New Zealand sales tax for local services). Subject to the previous clause, all prices are correct at time of publication and the prices published on the Site at the time and date of the purchase will be the final price paid. The time and date of purchase is the time and date we confirm your order by commencing work on your request. However we reserve the right to alter prices for any reason.
Risk of Loss
In the case of services purchased from Oxygen, the risk of loss and title for such items passes to you upon our delivery. Oxygen is deemed to have fulfilled its obligations to you when the statements are emailed to your requested address.
Oxygen shall email the requested documents to the address stated on the order or as agreed by Oxygen in writing. Oxygen will not be responsible for any part delivery or delay in delivery of the documents as a result of events occurring beyond Oxygen's control. Oxygen shall not be in any way responsible for any losses, damages, costs or other consequences (direct or indirect) arising from such delay or non-delivery.
The Customer agrees to inform Oxygen within 30 days of the date of invoice if proof of delivery is required.
As you are acquiring documents from us for disclosures required under the Unit Titles Act & its' Regulations, the Consumer Guarantees Act 1993 does not apply. Nothing in these terms and conditions is intended to be inconsistent with consumers' rights under the Consumer Guarantees Act and in the event of any inconsistency the Act overrides the relevant part of these terms and conditions. In any case, if any of the documents fail to comply with any part of the Unit Titles Act, Oxygen will supply a correcting statement at no charge. The Customer acknowledges that Oxygen does not provide any Express Guarantees (as defined in the Consumer Guarantees Act) other than those expressly confirmed by Oxygen in writing.
Return of Goods
This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Oxygen is not responsible for the operation of or the content on any such site.
It is natural for those new to electronic purchasing to be concerned about security of personal and credit card details. In reality, a commerce transaction on the Internet is significantly more secure than a similar telephone transaction or handing your credit card over the counter in a store.
To ensure that your credit card or other personal details are kept secure in transit on the Internet, we use a 128-bit digital certificate to encrypt the data going to and from the web Site. Look for the secure page entry messages that you get notified from your browser and for the web address to change to "https" (secure web page transfers).
In addition, the Oxygen website is hosted behind a commercial firewall to prevent hackers from obtaining access to your data. Even if this unlikely event does occur, we do not store/take any credit card details. All payments go through a secured site supplied by DPS. We will not sell, trade or share your information with third parties.
If you have any queries regarding ordering of documents with Oxygen, please email, fax or call us - details are on the Contact Us page.
Use of the Service by You
Your right to use the Service is personal to you. You may not authorise others to use the Service, and you are responsible for all of your own use of the Service.
You may not download, modify, transmit, or otherwise use any material from the Service for public or commercial purposes.
The Service's content, information and advice is offered free of charge (unless otherwise stipulated). However you are responsible for your own network and connection charges.
Oxygen will over time provide content and information, which children may find interesting and may wish to access. However, no one under the age of 13 years is allowed to provide any personal information. Minors under the age of 18 years are prohibited from making purchases, including subscriptions, on the Service.
Ownership of Site
This Site is owned and operated by Oxygen. All of the content included on this Site, including, but not limited to, text, graphics, logos, icons, images, and software is the property of Oxygen or its suppliers and protected by New Zealand and international copyright laws. You are welcome to access and use this site and to view and print one copy of any material on it for your personal, non-commercial use and without removing any of our trade marks or copyright notices. No other copying is permitted without our consent in writing.
This Service provides general information about Oxygen and the products and services they offer. The information contained in the Service has been prepared solely for the purpose of providing information about Oxygen, its suppliers, subsidiaries and the services and products they offer. Oxygen reserves the right to change delete or move any of the material on the Service at any time without notice.
To the fullest extent permitted by law, Oxygen and its affiliates shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of your access to or inability to access the Service. This includes viruses alleged to have been obtained from the Service, your use of or reliance on the Service or any of the information or materials available on the Service, regardless of the type of claim or the nature of the cause of action.
Except as specifically stated in these terms and conditions, or elsewhere on this Site, or as otherwise required by applicable law, neither Oxygen nor its directors, employees, licenses, content providers, or other representatives will be liable for damages of any kind (including, but not limited to, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental or punitive damages) arising out of your use of, or inability to use, or the performance of this Site or the content thereof, whether or not we have been advised of the possibility of such damages.
Governing Law and Venue
This agreement shall be interpreted, construed and governed by the laws of New Zealand. Any and all disputes arising under this agreement or in any way related to this Site shall be dealt with by the Courts of New Zealand and each party agrees to not contest the jurisdiction of these courts.
No action of Oxygen other than an expressed written waiver or amendment may be construed as a waiver or amendment of any of these terms and conditions. Should any clause of these terms and conditions be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
We reserve the right to make changes to our Site and these Terms and Conditions at any time and such changes will take affect from the time they are published on this site. These conditions set out the entire agreement between Oxygen and you relating to your use of this Site.