Last Updated: September 10, 2025
Effective Date: September 10, 2025
1. Agreement to Terms
These Terms and Conditions ("Terms") constitute a legally binding agreement between you and NexCave Limited ("Company", "we", "us", "our") regarding your use of the NexCave website and services. By accessing or using our website, making a purchase, or booking court facilities, you agree to be bound by these Terms.
2. Company Information
Company Name: NexCave Limited
Business Address: Unit 10C/17 Albert Street, Auckland Central 1010
Email: info@nexcave.com
Phone: +64 9 4181668
3. Services Description
NexCave provides the following services:
- Online retail sales of badminton equipment and accessories
- Court booking and reservation services
- Information and resources related to badminton
- Community features and event listings
4. User Eligibility and Account Registration
Age Requirements
You must be at least 16 years old to use our services. Users under 18 require parental or guardian consent for purchases and court bookings.
Account Responsibilities
When creating an account, you agree to:
- Provide accurate and complete information
- Maintain the security of your account credentials
- Notify us immediately of any unauthorized account use
- Accept responsibility for all activities under your account
5. Product Sales and Ordering
Product Information
We strive to provide accurate product descriptions, images, and pricing. However, we cannot guarantee that all information is error-free. We reserve the right to correct any inaccuracies and update information without notice.
Order Processing
- All orders are subject to acceptance and product availability
- We reserve the right to refuse or cancel orders at our discretion
- Prices include GST and are displayed in New Zealand Dollars (NZD)
- Order confirmation does not guarantee product availability
Payment Terms
- Payment is required at the time of order
- We accept major credit cards processed through our secure payment partners (Stripe and Windcave)
- All transactions are secured with SSL/TLS encryption and are PCI DSS compliant
- All prices displayed include 15% GST
- Payment disputes are subject to our refund policy
Failed Payment Handling
- If payment fails, the order will be held for 24 hours pending resolution
- We will attempt to contact you via email to resolve payment issues
- Failed payment orders may be automatically cancelled after 24 hours
- Multiple failed payment attempts may result in temporary account restrictions
- We reserve the right to report fraudulent payment attempts to relevant authorities
6. Court Booking Terms
Booking Policy
- Court bookings must be paid in full at the time of reservation
- Booking confirmations will be sent via email
- Players must arrive within 15 minutes of their booking time
- Late arrivals may result in reduced playing time
Facility Rules
- Appropriate athletic footwear and attire required
- Players are responsible for any damage to equipment or facilities
- Food and drinks restrictions apply as posted at facilities
- Management reserves the right to refuse service
7. Intellectual Property Rights
The NexCave website, including all content, features, and functionality, is owned by NexCave Limited and is protected by copyright, trademark, and other intellectual property laws.
Permitted Use
You may use our website for personal, non-commercial purposes only. You may not:
- Copy, modify, or distribute our content without permission
- Use our trademarks or logos without authorization
- Reverse engineer or attempt to extract source code
- Create derivative works based on our content
8. User Conduct and Prohibited Activities
You agree not to engage in any of the following prohibited activities:
Security Violations
- • Hacking or unauthorized access
- • Malware distribution
- • Account sharing or impersonation
Content Violations
- • Spam or unwanted communications
- • False or misleading information
- • Offensive or inappropriate content
Commercial Misuse
- • Unauthorized commercial activities
- • Reselling or redistribution
- • Competitive intelligence gathering
Legal Violations
- • Any illegal activities
- • Violation of others’ rights
- • Fraudulent transactions
9. Limitation of Liability
Important Legal Notice
This section limits our liability for damages. Please read carefully.
To the maximum extent permitted by New Zealand law, NexCave Limited shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
- Loss of profits, revenue, or business opportunities
- Loss of data or information
- Business interruption
- Personal injury (except where caused by our negligence)
Our total liability for any claim shall not exceed the amount you paid for the specific product or service giving rise to the claim.
10. Indemnification
You agree to indemnify and hold harmless NexCave Limited, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of our services, violation of these Terms, or infringement of any third-party rights.
11. Privacy and Data Protection
Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you also agree to our Privacy Policy.
12. Dispute Resolution
Governing Law
These Terms are governed by and construed in accordance with the laws of New Zealand. Any disputes shall be subject to the exclusive jurisdiction of the New Zealand courts.
Dispute Resolution Process
- Contact us directly to resolve the issue informally
- If unresolved, disputes may be referred to mediation
- Final disputes will be resolved through New Zealand court system
13. Termination
We may terminate or suspend your account and access to our services at any time, with or without notice, for any reason, including violation of these Terms.
Effect of Termination
- Your right to use our services will cease immediately
- We may delete your account and associated data
- Outstanding obligations (payments, refunds) will survive termination
- Provisions regarding intellectual property and liability will survive
14. Changes to Terms
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website. Your continued use of our services after any changes constitutes acceptance of the new Terms. We recommend reviewing these Terms periodically.
15. Severability
If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it enforceable.
16. Contact Information
For questions about these Terms and Conditions, please contact us:
Email: info@nexcave.com
Address: Unit 10C/17 Albert Street, Auckland Central 1010
Phone: +64 9 4181668
Business Hours: Monday - Friday, 9:00 AM - 5:00 PM (NZST)
Acknowledgment
By using NexCave services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.