Terms of Service

TERMS OF SERVICE – OVERVIEW

Effective Date: [19-8-2025]

Welcome to ALPHA OMEGA DESIGN (“we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our website located at alphaomega.dsign and all related services, products, and content we provide (collectively, the “Services”).

ALPHA OMEGA DESIGN is a New Zealand-based design company specializing in creative solutions and design products. Our e-commerce platform is powered by Shopify Inc., enabling us to deliver a seamless online shopping experience.

Agreement to Terms By accessing, browsing, or using our Services in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, you must immediately discontinue use of our Services.

Important Legal Information These Terms contain important provisions that affect your legal rights, including:

Limitations on our liability
Your obligations as a user
Dispute resolution procedures
Warranty disclaimers

We strongly encourage you to read these Terms carefully and contact us if you have any questions.

Updates to Terms We reserve the right to modify these Terms at any time. When we make changes, we will update the “Effective Date” above and notify you through our website or email. Your continued use of our Services after any changes constitutes acceptance of the updated Terms.

Contact Information If you have questions about these Terms, please contact us at contact@alphaomega.design or through our website contact form.

SECTION 1 – ACCOUNT ACCESS AND ELIGIBILITY

Age Requirements To use our Services, you must be at least 18 years of age or the age of majority in your jurisdiction, whichever is greater. If you are under 18, you may only use our Services with the involvement and consent of a parent or guardian who agrees to be bound by these Terms.

Account Information When creating an account or making a purchase, you may be required to provide:

Personal information (name, email address, phone number)
Billing and payment details
Shipping address
Other information necessary to complete your transaction

You represent and warrant that:

All information you provide is accurate, current, and complete
You have the legal right to provide this information
You will promptly update any information that becomes inaccurate or outdated

Account Security You are responsible for:

Maintaining the confidentiality of your account credentials
All activities that occur under your account
Notifying us immediately of any unauthorized use of your account

You may not:

Share your account credentials with others
Transfer, sell, or assign your account to another person
Use another person’s account without permission

Account Termination We reserve the right to suspend or terminate your account at any time if you violate these Terms or engage in activities that may harm our business or other users.

SECTION 2 – PRODUCTS AND SERVICES

Product Descriptions and Accuracy We strive to provide accurate descriptions, images, and specifications for all products and design services offered through our website. However, we cannot guarantee that:

Colors will appear exactly as shown due to variations in monitor settings, device displays, and lighting conditions
Product dimensions, textures, or finishes will be identical to digital representations
Custom design work will match preliminary concepts or mockups exactly

Design Services For custom design projects:

Initial concepts and final deliverables may vary based on client feedback and revisions
Digital files may appear different when printed or displayed on various media
We will work with you to ensure satisfaction within the agreed project scope

Product Availability and Changes We reserve the right to:

Modify or discontinue any product or service without prior notice
Update product descriptions, pricing, and specifications at any time
Limit quantities available to any individual, geographic region, or jurisdiction
Refuse service to any customer at our discretion

Quality Disclaimer While we maintain high standards for all products and services, we do not warrant that:

Products will meet your specific expectations or requirements
Digital files will be compatible with all software or printing systems
Physical products will be free from minor variations in color, texture, or finish

Custom Orders Custom design work and personalized products are subject to additional terms regarding revisions, approval processes, and delivery timelines, which will be communicated during the ordering process.

SECTION 3 – ORDERS AND PURCHASES

Order Process When you place an order through our website, you are making an offer to purchase our products or services. Your order does not constitute a binding agreement until:

We receive and verify your payment information
We confirm acceptance of your order via email
For custom design projects, we provide a detailed project proposal and receive your written approval

Order Acceptance and Rejection ALPHA OMEGA DESIGN reserves the right to:

Accept or decline any order at our sole discretion
Verify payment information before processing orders
Request additional information or documentation before order acceptance
Cancel orders due to pricing errors, product unavailability, or other unforeseen circumstances

Order Modifications and Cancellations

Please review your order carefully before submission
Order modifications may not be possible once processing has begun
Cancellation requests must be submitted immediately and may not be accommodated for custom design work already in progress
We will notify you of any changes or cancellations via the contact information provided during checkout

Custom Design Projects For design services:

Orders require a detailed brief and project scope agreement
Payment schedules and milestones will be outlined in your project proposal
Revisions and approval processes will be specified before work begins

Payment and Processing

All payments must be received and verified before order fulfillment
We accept payment methods as displayed during checkout
Pricing is in USD unless otherwise specified

Returns and Exchanges All purchases are subject to our Refund Policy, available at: https://alphaomega.design/our-policies/refund_returns/

Personal Use Declaration You confirm that purchases are for personal, household, or legitimate business use and not for unauthorized commercial resale or export.

SECTION 4 – PRICING AND PAYMENT

Pricing Policy

All prices are displayed in USD unless otherwise specified
Prices are subject to change without prior notice
The price charged will be the price displayed at the time your order is confirmed
Your order confirmation email will specify the final price charged

What’s Included in Pricing Unless expressly stated otherwise, displayed prices:

Include GST/VAT/TAX
Include shipping, handling, or delivery charges
Do not include international customs, duties, or import fees
May vary from prices offered through other channels or third-party retailers

Promotions and Discounts

We may offer promotional pricing, discounts, or special offers from time to time
Promotional terms and conditions will be clearly stated and take precedence over these general Terms
Promotions cannot be combined unless specifically stated
We reserve the right to modify or cancel promotions at any time

Payment Information Requirements You agree to provide:

Current, complete, and accurate payment information
Valid billing and shipping addresses
Up-to-date contact information including email address
Prompt updates to any changed information

Payment Authorization and Warranties By providing payment information, you represent and warrant that:

All payment details are true, correct, and complete
You are legally authorized to use the payment method provided
You will pay all charges incurred, including applicable taxes and fees
Your payment provider will honor all legitimate charges
You have sufficient funds or credit available to complete the transaction

Custom Design Project Pricing For design services:

Quotes are valid for 30 days unless otherwise specified
Payment schedules will be outlined in your project agreement
Additional revisions beyond the agreed scope may incur extra charges

SECTION 5 – SHIPPING AND DELIVERY

Shipping Methods and Timeframes

Available shipping options and estimated delivery times will be displayed at checkout
Delivery timeframes are estimates only and are not guaranteed
Actual delivery times may vary based on location, shipping method selected, and external factors
Express shipping options may be available for an additional fee

Shipping Costs

Shipping costs are calculated based on destination, package size, weight, and selected delivery method
Shipping charges will be clearly displayed before order completion
Free shipping promotions, if offered, will have specific terms and conditions

Delivery Areas

We ship within New Zealand and to and ALL international destinations
Some remote or rural areas may have extended delivery times or additional charges
International shipping may be subject to customs processing and additional fees

Digital Products and Design Services

Digital files and design deliverables are provided via email or secure download link
No physical shipping applies to digital-only orders
Custom design projects will have delivery timelines specified in your project agreement

Risk of Loss and Title Transfer

Risk of loss and title for physical products passes to you upon delivery to the carrier
We are not responsible for packages once they leave our facility
We recommend purchasing shipping insurance for high-value items

Shipping Delays and Issues We are not liable for delays caused by:

Shipping carrier delays or service disruptions
Customs processing or international shipping restrictions
Weather conditions, natural disasters, or other events beyond our control
Incorrect or incomplete shipping addresses provided by customers

Delivery Confirmation

Tracking information will be provided when available
Delivery confirmation may be required for high-value shipments
Please inspect packages upon delivery and report any damage immediately

For detailed shipping information, please refer to our Shipping Policy at: https://alphaomega.design/our-policies/shipping-policy/

SECTION 6 – INTELLECTUAL PROPERTY RIGHTS

Ownership of Content and Materials All content on our website and services, including but not limited to:

Text, graphics, logos, images, and photographs
Design layouts, user interfaces, and website structure
Product designs, artwork, and creative materials
Audio, video, and multimedia content
Software, code, and technical elements

are owned by ALPHA OMEGA DESIGN, our licensors, or content providers and are protected by New Zealand and international intellectual property laws, including copyright, trademark, and design rights.

Your Limited License to Use Our Services We grant you a limited, non-exclusive, non-transferable license to:

Access and use our website for personal or legitimate business purposes
View and download materials solely for your own use in connection with products or services you have purchased
Print single copies of content for your personal records

Prohibited Uses You may not, without our express written permission:

Reproduce, distribute, modify, or create derivative works from our content
Publicly display, perform, or republish any materials from our website
Use our content for commercial purposes unrelated to your purchase
Reverse engineer, decompile, or extract source code from our website
Remove or alter any copyright, trademark, or proprietary notices

ALPHA OMEGA DESIGN Trademarks “ALPHA OMEGA DESIGN,” our logos, product names, service names, designs, and slogans are trademarks or registered trademarks of ALPHA OMEGA DESIGN. You may not use these trademarks without our prior written consent.

Third-Party Intellectual Property

Logo, and related marks are trademarks.
Other third-party names, logos, and marks remain the property of their respective owners
We respect the intellectual property rights of others and expect users to do the same

Custom Design Work For design services we provide:

You will receive specified usage rights as outlined in your project agreement
We retain ownership of design concepts, processes, and methodologies
Final deliverables include the rights specified in your purchase agreement
Additional licensing may be available for extended commercial use

Copyright Infringement Claims If you believe content on our website infringes your intellectual property rights, please contact us immediately with detailed information about the alleged infringement.

Reservation of Rights All rights not expressly granted to you are reserved by ALPHA OMEGA DESIGN. Unauthorized use may violate copyright, trademark, and other intellectual property laws.

SECTION 7 – THIRD-PARTY TOOLS AND INTEGRATIONS

Third-Party Services Our website may provide access to or integrate with third-party tools, applications, or services, including but not limited to:

Payment processing systems
Shipping and logistics providers
Social media platforms
Analytics and tracking tools
Design software integrations
Communication platforms

No Warranty or Endorsement We provide access to third-party tools:

“As is” and “as available” without any warranties or guarantees
Without endorsement of their quality, reliability, or suitability
Without ongoing monitoring or control over their functionality
Without responsibility for their terms of service or privacy policies

Your Responsibility When using third-party tools, you are responsible for:

Reading and understanding the third party’s terms of service and privacy policy
Ensuring compatibility with your systems and requirements
Any costs, fees, or charges imposed by the third-party provider
Compliance with the third party’s usage requirements and restrictions
Any data you share with or through these services

Limitation of Liability ALPHA OMEGA DESIGN shall not be liable for:

Any issues, damages, or losses arising from your use of third-party tools
Interruptions, errors, or failures in third-party services
Data loss or security breaches involving third-party providers
Changes to or discontinuation of third-party services

Future Features and Updates

We may introduce new features, tools, or integrations to our Services
New features will be subject to these Terms of Service unless otherwise specified
We reserve the right to modify or discontinue any features at our discretion
Significant changes will be communicated through our website or email notifications

Data and Privacy When using third-party tools:

Your data may be subject to the third party’s privacy policy
We recommend reviewing how third parties collect, use, and protect your information
We are not responsible for third-party data handling practices

SECTION 8 – THIRD-PARTY LINKS AND EXTERNAL WEBSITES

External Links and Content Our website may contain links to third-party websites, services, or resources, including:

Partner websites and collaborators
Social media platforms
Supplier or vendor websites
Industry resources and references
Payment processors and service providers
Design inspiration galleries or portfolios

No Control or Responsibility ALPHA OMEGA DESIGN does not:

Control, monitor, or endorse third-party websites or their content
Verify the accuracy, completeness, or reliability of external content
Take responsibility for the availability or functionality of linked sites
Guarantee the quality or safety of third-party products or services

Your Risk and Responsibility When you access third-party websites through our links:

You do so entirely at your own risk and discretion
You should review the third party’s terms of service and privacy policy
You are responsible for evaluating the credibility and safety of external sites
Any transactions or interactions are solely between you and the third party

Limitation of Liability We are not liable for:

Any damages, losses, or issues arising from your use of third-party websites
The content, accuracy, or availability of external websites
Any purchases, transactions, or agreements made with third parties
Data breaches, security issues, or privacy violations on external sites
Changes to or discontinuation of third-party services

Third-Party Disputes

All complaints, claims, or concerns regarding third-party products or services should be directed to the relevant third party
We cannot mediate disputes between you and external service providers
Resolution of third-party issues is solely between you and the third party

Embedded Content Some third-party functionality may be embedded directly in our website (such as payment forms or social media widgets). While these appear on our site, they are governed by the third party’s terms and privacy policies.

SECTION 9 – RELATIONSHIP WITH WooCommerce and other parties.

Platform Provider ALPHA OMEGA DESIGN operates on the WooCommerce and other parties e-commerce platform, which provides the technical infrastructure and tools that enable us to offer our Services to you. Shopify Inc. serves solely as our technology platform provider.

Direct Relationship with ALPHA OMEGA DESIGN

All sales, purchases, and transactions are made directly between you and ALPHA OMEGA DESIGN
Your contractual relationship for products and services is exclusively with ALPHA OMEGA DESIGN
ALPHA OMEGA DESIGN is solely responsible for all aspects of your purchase, including product quality, delivery, customer service, and support

WooCommerce and other parties Limited Role is not responsible for:

The quality, safety, or legality of products or services offered by ALPHA OMEGA DESIGN
The accuracy of product descriptions, pricing, or availability
Order fulfillment, shipping, or delivery of products
Customer service or support related to your purchases
Any disputes, claims, or issues arising from your transactions with ALPHA OMEGA DESIGN

Release of WooCommerce By using our Services, you acknowledge and agree that:

WooCommerce and other parties has no involvement in the actual sale or delivery of products or services
Any issues with your purchase should be directed to ALPHA OMEGA DESIGN
You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with ALPHA OMEGA DESIGN

Platform Terms Your use of the this wesbites platform features (such as checkout processes) may also be subject to WooCommerce and parties own terms of service and privacy policy, which are separate from these Terms.

SECTION 10 – PRIVACY AND DATA PROTECTION

Our Privacy Commitment ALPHA OMEGA DESIGN is committed to protecting your privacy and personal information. This section outlines how your data is collected, used, and protected when you use our Services.

Our Privacy Policy All personal information we collect through our Services is governed by our Privacy Policy, available at: https://alphaomega.design/our-policies/privacy-policy/

Our Privacy Policy details:

What personal information we collect and why
How we use and protect your information
Your rights regarding your personal data
How to contact us with privacy concerns

WooCommerce and parties Role in Data Processing Because our Services are hosted on the Shopify platform:

WooCommerce and parties collects and processes certain personal information about your use of our Services
This data processing enables WooCommerce and parties to provide and improve the platform functionality
WooCommerce and parties data practices are governed by their Privacy Policy, available at: Privacy and the WooCommerce Marketplace Documentation – WooCommerce

International Data Transfers Your personal information may be:

Transmitted to and processed by Shopify and their service providers
Stored on servers located in countries other than New Zealand
Shared with third-party service providers who assist in delivering our Services
Subject to the privacy laws of the countries where it is processed

Your Acknowledgment By using our Services, you acknowledge that you have:

Read and understood our Privacy Policy
Read and understood Shopify’s Privacy Policy
Consented to the collection, use, and international transfer of your personal information as described in these policies

Data Protection Rights As a New Zealand resident, you may have certain rights regarding your personal information under the Privacy Act 2020, including the right to access, correct, or request deletion of your personal data. Please refer to our Privacy Policy for details on how to exercise these rights.

Contact for Privacy Matters If you have questions about how we handle your personal information, please contact us using the information provided in our Privacy Policy.

SECTION 11 – USER FEEDBACK AND SUBMISSIONS

Types of Feedback When you submit any content to us, including:

Product reviews and ratings
Design suggestions or ideas
Comments and testimonials
Photos of our products in use
Suggestions for improvements
General feedback about our Services

This content is considered “Feedback” under these Terms.

License Grant By submitting Feedback, you grant ALPHA OMEGA DESIGN a non-exclusive, royalty-free, worldwide license to:

Use, reproduce, and display your Feedback for business purposes
Include your Feedback in marketing materials, website content, and promotional activities
Modify or edit your Feedback for clarity, length, or appropriateness
Share your Feedback across our various platforms and channels

Your Representations and Warranties When submitting Feedback, you confirm that:

You own all rights to the content you submit or have permission to share it
Your Feedback is truthful and based on your genuine experience
You have disclosed any compensation or incentives received for your submission
Your content does not violate any third-party rights or applicable laws

Content Standards Your Feedback must not:

Contain false, misleading, or defamatory statements
Include offensive, threatening, or inappropriate language
Violate copyright, trademark, or other intellectual property rights
Contain personal information about others without their consent
Include spam, malware, or harmful code
Misrepresent your identity or relationship with our business

Our Rights and Responsibilities We reserve the right to:

Monitor, review, edit, or remove any Feedback at our discretion
Refuse to publish Feedback that violates these standards
Remove Feedback that becomes outdated or no longer relevant
Use Feedback to improve our products and services

No Obligations We are not obligated to:

Keep your Feedback confidential
Provide compensation for Feedback
Respond to or acknowledge every submission
Publish all Feedback we receive

Your Responsibility You are solely responsible for:

The accuracy and truthfulness of your Feedback
Ensuring your submissions comply with these Terms
Any consequences arising from your Feedback

SECTION 12 – ERRORS, INACCURACIES, AND CORRECTIONS

Potential Information Errors Despite our best efforts to ensure accuracy, our website and Services may occasionally contain:

Typographical errors or formatting issues
Inaccurate product descriptions, specifications, or images
Incorrect pricing information or promotional details
Outdated shipping costs, delivery timeframes, or availability status
Technical errors in forms, calculators, or interactive features

Our Right to Make Corrections ALPHA OMEGA DESIGN reserves the right to:

Correct any errors, inaccuracies, or omissions at any time
Update product information, pricing, or availability without prior notice
Modify or remove content that contains mistakes or outdated information
Cancel or modify orders affected by significant pricing or product errors

Order Corrections and Cancellations If we discover errors that affect your order:

We will contact you promptly using the information provided during checkout
You will have the option to proceed with the corrected information or cancel your order
For significant pricing errors, we may cancel the order and provide a full refund
Custom design projects will be discussed individually to determine the best resolution

No Liability for Errors We are not liable for:

Decisions made based on inaccurate information on our website
Losses resulting from typographical errors or outdated content
Inconvenience caused by necessary corrections or updates

Your Responsibility We encourage you to:

Review all order details carefully before completing your purchase
Contact us immediately if you notice any errors or discrepancies
Verify important information, especially for large or custom orders

Notification of Changes When possible, we will notify affected customers of significant corrections via:

Email to the address provided during checkout
Updates to your order status in your account
Direct communication for custom design projects

SECTION 13 – PROHIBITED USES AND CONDUCT

Lawful Use Only You may only use our Services for lawful purposes and in accordance with these Terms. Any use that violates applicable laws or regulations is strictly prohibited.

Prohibited Activities You may not use our Services to:

Legal and Regulatory Violations:

Engage in any unlawful, fraudulent, or malicious activities
Violate any international, national, state, or local laws or regulations
Infringe upon intellectual property rights of ALPHA OMEGA DESIGN or others
Engage in activities that could expose us or our users to legal liability

Harmful or Abusive Conduct:

Harass, abuse, threaten, or intimidate our staff or other users
Transmit defamatory, slanderous, or false information
Impersonate another person, business, or entity
Engage in discriminatory or hateful conduct

Technical Misuse:

Upload or transmit viruses, malware, or malicious code
Attempt to hack, breach, or circumvent our security measures
Use automated systems to scrape, crawl, or collect data from our website
Interfere with the proper functioning of our Services

Commercial Misuse:

Reproduce, copy, sell, or resell any portion of our Services without permission
Use our platform for unauthorized commercial activities
Send spam, junk mail, chain letters, or unsolicited promotional materials
Collect personal information of other users without consent

Design-Specific Prohibitions:

Submit copyrighted material for custom design work without proper authorization
Request designs that infringe on third-party intellectual property
Use our design services for illegal, offensive, or inappropriate content
Misrepresent ownership of design concepts or final deliverables

Account Termination We reserve the right to:

Suspend, disable, or terminate your account immediately
Remove content that violates these Terms
Report illegal activities to appropriate authorities
Take legal action for serious violations

No Prior Notice Required Account termination or suspension may occur without prior notice if we determine you have violated any part of these Terms or engaged in conduct that could harm our business, users, or reputation.

SECTION 14 – TERMINATION

Termination by ALPHA OMEGA DESIGN We may terminate or suspend your access to our Services:

At any time and for any reason at our sole discretion
Immediately without prior notice if you violate these Terms
If your account remains inactive for an extended period
If we discontinue our Services or cease business operations

Termination by You You may terminate your relationship with us by:

Discontinuing use of our Services
Closing your account (if applicable)
Providing written notice of termination

Effect of Termination Upon termination:

Your right to access and use our Services immediately ceases
You remain liable for all amounts due up to the date of termination
Outstanding orders and custom design projects will be handled according to their individual terms
We may retain certain information as required by law or for legitimate business purposes

Custom Design Projects For ongoing design projects at the time of termination:

Work completed to the termination date will be delivered according to payment received
Partial refunds may be provided for work not yet commenced
All intellectual property rights will be handled according to the original project agreement

Surviving Provisions The following sections will remain in effect after termination:

Section 6 (Intellectual Property)
Section 11 (Feedback)
Section 14 (Termination)
Section 15 (Disclaimer of Warranties)
Section 16 (Limitation of Liability)
Section 17 (Indemnification)
Section 19 (Severability)
Section 20 (Waiver and Entire Agreement)
Section 21 (Assignment)
Section 22 (Governing Law)
Section 10 (Privacy Policy)
Any other provisions that by their nature should survive termination

Data Retention Following termination, we may:

Retain your information as required by law or for legitimate business purposes
Delete your account data according to our data retention policies
Maintain records necessary for tax, legal, or regulatory compliance

SECTION 15 – DISCLAIMER OF WARRANTIES

General Information Disclaimer The information on our website is provided for general informational purposes only. While we strive for accuracy, we do not warrant that:

All information is current, complete, or error-free
The content will meet your specific needs or expectations
Technical aspects of our website will be uninterrupted or secure

Any reliance on information from our Services is at your own risk.

Services Provided “As Is” Except as expressly stated by ALPHA OMEGA DESIGN or required by New Zealand law, our Services and all products are provided:

“AS IS” and “AS AVAILABLE” without warranties of any kind
Without representation or guarantee of specific outcomes
Subject to the limitations outlined in these Terms

Excluded Warranties To the maximum extent permitted by New Zealand law, we disclaim all warranties, whether express or implied, including but not limited to:

Implied warranties of merchantability or merchantable quality
Fitness for a particular purpose
Non-infringement of third-party rights
Durability or longevity of products
Title or ownership rights

Service Availability We do not guarantee that:

Our Services will be uninterrupted, timely, or error-free
Our website will be available at all times
Technical issues or maintenance will not affect your access
All features will function perfectly on all devices or browsers

Design Services Disclaimer For custom design work:

Creative outcomes may vary based on subjective preferences
Final results depend on collaboration and clear communication
We cannot guarantee specific business results from design work
Digital files may display differently across various platforms and devices

Consumer Rights Under New Zealand Law Nothing in this disclaimer excludes, restricts, or modifies any consumer rights you may have under the Consumer Guarantees Act 1993 or other New Zealand consumer protection laws that cannot be lawfully excluded.

Your Acknowledgment By using our Services, you acknowledge that you understand and accept these limitations and use our Services at your own risk.

SECTION 16 – LIMITATION OF LIABILITY

General Limitation To the fullest extent permitted by New Zealand law, ALPHA OMEGA DESIGN, our directors, officers, employees, affiliates, agents, contractors, service providers, licensors, and Shopify and its affiliates shall not be liable for any damages arising from your use of our Services.

Types of Excluded Damages Where legally permitted, we exclude liability for:

Direct, indirect, incidental, or consequential damages
Lost profits, revenue, savings, or business opportunities
Loss of data, information, or digital files
Replacement or substitute costs
Punitive or exemplary damages
Any other special or similar damages

Basis of Claims This limitation applies regardless of the legal theory, including:

Breach of contract
Tort (including negligence)
Strict liability
Any other legal basis

Scope of Limitation Our liability limitation covers damages arising from:

Your use of our Services or website
Products purchased through our Services
Any content, errors, or omissions on our website
Interruption or unavailability of our Services
Any other claim related to your use of our Services

Design Services Specific Limitations For custom design work, our liability is limited regarding:

Subjective satisfaction with creative outcomes
Business results or performance from design work
Compatibility issues with third-party systems
Delays in project completion due to client feedback cycles

Maximum Liability Cap Where liability cannot be excluded by law, our total liability to you for any claim shall not exceed the amount you paid to ALPHA OMEGA DESIGN for the specific product or service giving rise to the claim.

New Zealand Consumer Law Nothing in this section excludes, restricts, or modifies any liability that cannot be lawfully excluded under New Zealand law, including the Consumer Guarantees Act 1993, Fair Trading Act 1986, or other applicable consumer protection legislation.

Your Acknowledgment You acknowledge that these limitations are reasonable and that you have been advised of the possibility of such damages.

SECTION 17 – INDEMNIFICATION

Your Indemnification Obligations You agree to indemnify, defend, and hold harmless ALPHA OMEGA DESIGN, WooCommerce and other parties, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, costs, or claims, including reasonable legal fees, arising from:

Covered Claims:

Your breach of these Terms of Service or any incorporated policies
Your violation of any applicable laws or regulations
Your infringement of third-party intellectual property rights
Your access to and use of our Services
Content you submit or actions you take through our Services
Your misuse of products or services purchased from us

Design-Specific Indemnification For custom design services, you also agree to indemnify us against claims arising from:

Your use of copyrighted or trademarked materials without proper authorization
Your request for designs that infringe third-party rights
Your misrepresentation of ownership or authority over design briefs
Your use of final deliverables beyond the agreed scope or licensing terms

Notification and Defense Process

We will notify you promptly of any indemnifiable claim
Failure to provide prompt notice will not relieve your obligations unless you are materially prejudiced
We may control the defense and settlement of claims at your expense
We will consult with you regarding choice of legal counsel
We will not settle claims requiring non-monetary obligations from you without your consent (not to be unreasonably withheld)

Your Cooperation You agree to:

Cooperate fully in the defense of any indemnified claims
Provide relevant documents and information as reasonably requested
Assist in gathering evidence and witness testimony if needed
Participate in settlement discussions when appropriate

Limitations This indemnification obligation:

Does not apply to claims arising solely from our negligence or willful misconduct
Is subject to any limitations imposed by New Zealand law
Does not extend to claims covered by our insurance policies where we are the appropriate defendant

SECTION 18 – SEVERABILITY

Invalid Provisions If any court or regulatory authority determines that any provision of these Terms of Service is:

Unlawful, invalid, or unenforceable under applicable law
Void or contrary to public policy
Inconsistent with mandatory consumer protection laws

Such determination shall be handled as follows:

Partial Enforcement

The invalid provision will be enforceable to the fullest extent permitted by law
Only the unenforceable portion will be deemed severed from these Terms
The remainder of the provision will remain in full force and effect where possible

Preservation of Remaining Terms

The invalidity of any single provision will not affect the validity of the remaining Terms
All other provisions will continue to be binding and enforceable
These Terms will be interpreted as if the invalid provision had never been included

Replacement Provisions Where a provision is found to be invalid:

We may replace it with a valid provision that achieves the same commercial purpose
Any replacement will be consistent with applicable New Zealand law
The replacement provision will be the minimum necessary to achieve legal compliance

New Zealand Law Considerations This severability clause operates subject to:

The Consumer Guarantees Act 1993
The Fair Trading Act 1986
Other applicable New Zealand consumer protection legislation
Any mandatory provisions that cannot be lawfully excluded

Continued Operation These Terms are designed to remain operational even if individual provisions require modification to comply with changing laws or court decisions.

SECTION 19 – WAIVER AND ENTIRE AGREEMENT

No Waiver of Rights

Our failure to exercise or enforce any right or provision in these Terms does not constitute a waiver of that right or provision
Any waiver of our rights must be made in writing and signed by an authorized representative of ALPHA OMEGA DESIGN
A waiver of any breach does not waive future breaches of the same or different provisions
Our rights under these Terms remain in full effect even if we choose not to enforce them immediately

Entire Agreement These Terms of Service, together with:

Our Privacy Policy https://alphaomega.design/our-policies/privacy-policy/
Our Refund Policy https://alphaomega.design/our-policies/refund_returns/
Our Shipping Policy https://alphaomega.design/our-policies/shipping-policy/
Any other policies referenced herein or posted on our website

constitute the complete and entire agreement between you and ALPHA OMEGA DESIGN regarding your use of our Services.

Superseding Previous Agreements These Terms supersede and replace:

Any prior or contemporaneous agreements between us
All previous communications, proposals, or understandings (whether oral or written)
Any prior versions of these Terms of Service
Any conflicting terms from other sources

Custom Design Agreements For custom design projects, these Terms work in conjunction with:

Individual project proposals and agreements
Specific terms outlined in design briefs
Any additional terms agreed upon in writing for particular projects

Interpretation

Any ambiguities in these Terms will not be automatically construed against either party
These Terms will be interpreted fairly and reasonably
Headings are for convenience only and do not affect interpretation
References to “including” or “such as” are not exhaustive

Modifications These Terms may only be modified:

In writing by ALPHA OMEGA DESIGN
Through updated versions posted on our website
With proper notice as outlined in these Terms

SECTION 20 – ASSIGNMENT

Your Assignment Restrictions You may not, without our prior written consent:

Transfer or assign these Terms or any rights under them to another person or entity
Delegate any of your obligations under these Terms to a third party
Sell, license, or otherwise dispose of your rights under this agreement
Allow another party to assume your responsibilities under these Terms

Any attempted assignment without our consent will be null and void.

Our Assignment Rights ALPHA OMEGA DESIGN may, without restriction and without notice to you:

Transfer or assign these Terms and all associated rights and obligations
Delegate any of our responsibilities to qualified third parties
Assign our rights to any affiliate, subsidiary, or successor company
Transfer our obligations in connection with a sale, merger, or acquisition of our business

Business Transfers In the event of:

Sale of our business or assets
Merger with another company
Corporate restructuring or reorganization
Change of ownership or control

These Terms will automatically transfer to the new entity, and you agree to be bound by the Terms under the new ownership.

Notification of Assignment While we are not required to provide notice of assignment, we may choose to inform you of significant business transfers that affect your relationship with us.

Continued Obligations

Your obligations under these Terms remain binding regardless of any assignment by us
Any assignment by us does not diminish your rights under these Terms
Custom design projects in progress will be completed according to existing agreements

Third-Party Beneficiaries These Terms do not create any third-party beneficiary rights except as may arise from permitted assignments.

SECTION 21 – GOVERNING LAW AND JURISDICTION

Governing Law These Terms of Service and any separate agreements for Services provided by ALPHA OMEGA DESIGN shall be governed by and construed in accordance with the laws of New Zealand, including but not limited to:

The Contract and Commercial Law Act 2017
The Consumer Guarantees Act 1993
The Fair Trading Act 1986
Other applicable New Zealand legislation

Jurisdiction and Venue You and ALPHA OMEGA DESIGN agree that:

The New Zealand courts shall have exclusive jurisdiction over any disputes arising from these Terms
Any legal proceedings will be conducted in the appropriate courts of New Zealand
You consent to the personal jurisdiction of New Zealand courts
Venue for any disputes will be in the jurisdiction where ALPHA OMEGA DESIGN is headquartered

Dispute Resolution Before initiating formal legal proceedings, we encourage:

Direct communication to resolve disputes amicably
Mediation through appropriate New Zealand dispute resolution services
Good faith efforts to reach mutually acceptable solutions

Consumer Rights Nothing in this section affects your rights under New Zealand consumer protection laws, including:

Rights under the Consumer Guarantees Act 1993
Protections under the Fair Trading Act 1986
Access to consumer dispute resolution services
Any other mandatory consumer protections that cannot be excluded

International Customers For customers outside New Zealand:

New Zealand law will still govern these Terms
You may have additional rights under your local consumer protection laws
Local mandatory consumer protections may also apply where they cannot be excluded

Enforcement If any court finds that New Zealand law cannot be applied to certain aspects of these Terms, the most closely related applicable law will govern those specific provisions.

SECTION 22 – HEADINGS AND FORMATTING

Purpose of Headings The headings, titles, and section numbers used throughout these Terms of Service are:

Included solely for convenience and ease of reference
Not intended to limit, expand, or otherwise affect the meaning of any provision
Not part of the substantive terms of this agreement

Interpretation Guidelines When interpreting these Terms:

The content of each section governs, not the heading
Headings should not be used to resolve ambiguities in the text
The substance of the provisions takes precedence over organizational elements

Formatting Elements Other formatting elements that do not affect the legal meaning include:

Bullet points and numbered lists (used for clarity only)
Bold or italic text (for emphasis only)
Section breaks and spacing
Table of contents or navigation aids

Legal Effect No heading, subtitle, or formatting choice in these Terms shall:

Create additional obligations or rights
Limit the scope of any provision
Be used as evidence of intent in legal proceedings
Override the plain meaning of the text

SECTION 23 – CHANGES TO TERMS OF SERVICE

Our Right to Modify Terms ALPHA OMEGA DESIGN reserves the right to update, change, or replace any part of these Terms of Service at our sole discretion. We may make changes to:

Reflect changes in our business practices
Comply with new legal requirements
Improve clarity or address ambiguities
Add new services or modify existing ones

How Changes Are Made When we update these Terms:

The revised version will be posted on our website at https://alphaomega.design/our-policies/terms-of-service/
The “Effective Date” at the top of the Terms will be updated
Material changes will be highlighted or summarized when practical

Notification of Changes For significant or material changes, we will provide notice through:

Email notification to registered customers (where we have your email address)
Prominent notice on our website
Other reasonable methods as required by New Zealand law

Your Responsibility You are responsible for:

Periodically reviewing these Terms for updates
Checking the effective date to identify when changes were made
Understanding how changes may affect your use of our Services

Acceptance of Changes By continuing to use our Services after changes take effect, you:

Acknowledge that you have had the opportunity to review the updated Terms
Agree to be bound by the revised Terms
Accept any new obligations or modified provisions

Disagreement with Changes If you do not agree with any changes:

You should discontinue use of our Services
You may contact us to discuss your concerns
Your only remedy is to stop using our Services

Effective Date of Changes

Changes become effective on the date specified in the updated Terms
For material changes, we will provide reasonable advance notice as required by law
Emergency changes (such as those required for legal compliance) may take effect immediately

SECTION 24 – CONTACT INFORMATION

Questions About These Terms If you have questions, concerns, or need clarification about these Terms of Service, please contact us using the information below.

ALPHA OMEGA DESIGN Contact Details:

Business Name: Alpha & Omega Limited

Email: contact@alphaomega.design

Mailing Address: Suite 527/149 Nelson Street Auckland Central Auckland 1010 New Zealand

Business Registration:

New Zealand Company Number: 9429051627652
GST Number: 140624586

Customer Service For general inquiries, order support, or design consultations, please use the same contact information above. We aim to respond to all inquiries within 1-2 business days.

Legal Notices All formal legal notices, including those related to these Terms of Service, should be sent to: