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So, you'd like a slice of HELL?
HELL is also an owner operated business so we expect you to be at the coal face serving customers, making pizza, doing the dishes, cleaning the ceiling, answering phones, and making money. If this is not you - all good - carry on eating HELL.
If you think you have what it takes, read our information pack (download one below) and email us - franchise@hell.co.nz
Download HELL Franchise Info Pack
See you in HELL!
Find out what the Hell you are eating
HELL was spawned by Callum in the year 1996, location: the Kelburn squash centre in Wellington.
First floor, no street frontage, dodgy access and a tiny kitchen - fundamentally wrong in so many ways, but it worked. This was the birthplace of HELL and we operated out of Kelburn for eight years, before moving the kitchen to the top of Cuba St in 2004.
Customers often recall their first experience being in the original Kelburn store.
HELL we even called it the centre of the world after so many people all over the planet, telling us it was their virgin HELL meal! Walking up the back stairs through the kitchen, avoiding banging their head on the shelf (look out fool), and some even remember when we had a dine in section with views over Wellington (or, if you worked for HELL, the place where we got trashed and launched firecrackers out the window). Good times.
In the early days we tried everything: rice tandoori pizza, delivery milkshakes, curries, mud cake, flame bread - all in search of the wicked menu that is HELL today. In 2000, Callum partnered with his mate Stu and together they opened the Hataitai store. We loved this earthquake hazard of a building, from the collapsing floor, home made counters and menu boards, and excellent staff and customers that made it an institution in Hataitai. HELL had started to grow.
We opened another store in Northland the following year and set up a prep kitchen that serviced our three stores. Delivering around Wellington in the Escargo with occasional brakes and handling like a 4-wheeled sailing ship in the wind, we started honing our systems and products. We then opened in Petone - our first 'quality' fit out.
In 2003 Warren partnered with the guys and helped grow the business with his franchise knowledge. Our 4 plus 10 franchised stores in the first year, 16 in the second, 21 in the third year and 15 in 2006. We finished 06 with 66 stores, wicked franchisees and happy customers. The time was right to move onwards and upwards, so we sold the NZ business, and went in search of new countries for HELL. First, we went to London, then Brisbane, Seoul, India and Vancouver.
The early days of HELL was about living our business every day, working damned hard and making tasty pizzas. These were some of the best times of our lives and helped shape the business into what it is now.
In 2009, we bought our New Zealand business back. The old owners didn't get it. In May 09, we started the resurrection of HELL. We took out the trash, had fun with our marketing, improved ingredients and launched some new tasty products. In 2011 Warren left the company to explore overseas opportunities.
HELL is 666% New Zealand owned and committed to giving you the best damned pizza in this life or the next.
Evilly yours
Callum & Stu
We are committed to providing our customers with a secure, private shopping experience.
Privacy Act
Collection of information
HELL Online Shopping contains applications which collect personal information about the Customer. HELL will only use this information to the extent authorised by the Customer, and will only disclose it in the manner set out below.
In using HELL Online Shopping the Customer authorises HELL to collect, retain and use their personal information for the purposes of:
In using HELL Online Shopping the Customer authorises HELL to collect, retain and use their personal information for the purposes of:
- processing the Customer's registration application;
- assessing the Customer's credit-worthiness;
- undertaking any dealings or transactions with the Customer;
- enforcing any legal or other rights HELL may have against the Customer in any manner that HELL sees fit;
- sending the Customer any advertising or promotional material; and
- enhancing HELL Online Shopping so that HELL may offer you a better, more personalised and tailored service.
Collection from other sources
In using HELL Online Shopping the Customer further authorises HELL to collect personal information about the Customer from any other source available to HELL including but not limited to credit referral agencies, the Customer's bank (present and past), any other suppliers of products and services to the Customer and other persons or companies with whom the Customer has been associated.
HELL's right to refuse application
If sufficient personal information is not supplied, or is not satisfactory to HELL, then HELL reserves the right to refuse to accept the person's application to register to use HELL Online Shopping.
HELL's use of cookies
HELL Online Shopping may use 'cookies'. Cookies are an element of data that the website can send to your browser, which may then store it on your system. To use HELL Online Shopping you do not necessarily need to enable your browser to accept cookies, although some information/services may not be available if you disable your browser not to accept cookies.
Information retained by HELL
Any personal information supplied by the Customer may be retained by HELL until such time as the Customer requests that the information be removed.
Disclosure
Any personal information supplied by the Customer and retained by HELL may be disclosed to other persons or body corporates engaged by HELL for or in relation to any of the purposes listed in clause 12.1 above, including but not limited to:
HELL may also disclose aggregated shopper statistics to any party, provided that these statistics do not contain any information about identifiable Customers and their individual shopping habits.
- HELL employees.
- Research and/or marketing firms.
- Credit referral agencies.
- Business advisors.
HELL may also disclose aggregated shopper statistics to any party, provided that these statistics do not contain any information about identifiable Customers and their individual shopping habits.
Storage of personal information
HELL has taken many steps, from both technical and systems perspectives, to ensure that Customers' information is well protected. However it is important that Customers remember to never share their Login with any other person.
While HELL endeavours to keep the Customer's personal information collected on HELL Online Shopping secure and confidential, no member of the HELL Group shall be responsible for any breach of security caused by third parties, nor represents that HELL Online Shopping is completely secure.
While HELL endeavours to keep the Customer's personal information collected on HELL Online Shopping secure and confidential, no member of the HELL Group shall be responsible for any breach of security caused by third parties, nor represents that HELL Online Shopping is completely secure.
Customer's rights of access
The Customer has the right under the Privacy Act 1993 to access and request to update and/or correct their personal information held by HELL. The Customer agrees to pay HELL the reasonable charges requested by HELL in relation to time and attendances involved in complying with the Customer's request in this regard.
Access to a Customer's personal information held by HELL is available to the Customer in the "My Customer Details" area of HELL Online Shopping. The Customer can request a change to this information by telephoning a HELL Customer Care Representative.
Access to a Customer's personal information held by HELL is available to the Customer in the "My Customer Details" area of HELL Online Shopping. The Customer can request a change to this information by telephoning a HELL Customer Care Representative.
Consumer Guarantees Act
The Customer acknowledges that where the Products are ordered for business purposes (as the term "business" is defined in the Consumer Guarantees Act 1993 ("CGA")), the provisions of the CGA shall not apply to the sale of the Products by HELL.
The Customer agrees that nothing in these terms and conditions is intended to have the effect of contracting out of the provisions of the CGA except to the extent permitted by the CGA, and all provisions of these terms and conditions shall be read as modified to the extent necessary to give effect to that intention.
The Customer agrees that nothing in these terms and conditions is intended to have the effect of contracting out of the provisions of the CGA except to the extent permitted by the CGA, and all provisions of these terms and conditions shall be read as modified to the extent necessary to give effect to that intention.
ONLINE COMPETITIONS/PROMOTIONS
Competition terms and conditions can be found associated with each promotion on our competitions/promotions page.
Links to third party websites
Links to third party websites
Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply any endorsement or verification by the HELL Group. The HELL Group does not monitor the content of any other website and is not liable or responsible in relation to any content on them. For the purposes of this clause a "third party website" is any website other than HELL website.
Hyperlinks
The Customer agrees that it will not create a hyperlink to the HELL website and/or the HELL online ordering system without HELL's written permission. If a Customer does create a hyperlink to the HELL website and/or the HELL online ordering system, that Customer is responsible for all losses any member of the HELL Group may suffer as a result of that link, whether direct or indirect. Linking to the HELL website and/or the HELL online ordering system is at the Customer's own risk.
Variation of terms and conditions
From time to time HELL may vary these terms and conditions without notice. Please check these terms and conditions periodically for changes. Your continued use of the HELL website and the HELL online ordering system after the terms and conditions have been changed indicates your acceptance of those changes.
Governing Law
New Zealand law governs the use of the HELL website, the HELL online ordering system and these terms and conditions.
Payment Security
Safeguarding our customers is of utmost importance to us.
Safe Technology Systems
HELL Online Shopping uses an internationally recognized encryption protocol to encrypt all personal data that you type into our site before it travels across the internet. Once we receive your data it is stored on a secure server behind firewalls, so that your personal details are not accessible from the internet by any third party.
Safe Payment Systems
Hell uses "DPS Payment Express" to securely authorise credit card payments before any charges are made. For further information regarding "DPS Payment Express" and how it encrypts and processes transactions, please visit www.paymentexpress.com.
Credit Cards Accepted
HELL accepts Visa, MasterCard American Express and Diners.
Hell Tokens
- Not available in conjunction with any other offer.
- Each token is only redeemable once per customer, per order, per day.
- HELL reserves the right to refuse should there be suspicion of fraudulent activity.
- Available with online orders only.
Pizza Roulette
Fireworks
Fireworks are available for sale 2nd-5th November 2016, or while stocks last.
CONDITIONS
- No Hellfire fireworks will be sold to persons under the aged of 18.
- Valid ID may be requested in store and on delivery orders.
- If an approved ID (R18 HANZ card, passport or driving license) is unable to be produced Hellfire Fireworks may be refused and a full refund will be arranged.
- No Hellfire fireworks will be sold to any intoxicated persons.
- HELL has sole and complete discretion regarding the sale of Hellfire Fireworks. All decisions regarding the sales of Hellfire products shall be subject to the sole and complete discretion of HELL.
- Hell accepts no responsibility for any loss, damage, or any other claim resulting from use of Hellfire fireworks.
- Customers must read and abide by Hell’s safe use policy and the instructions on the fireworks packaging for information before lighting any fireworks.
- By law, a maximum of 50kg of fireworks can be delivered on any one delivery. If your order exceeds 50kg, Hell reserves the right to charge a reasonable additional delivery fee/s to cover the additional trip.
- Due to sale of liquor legislations our Bond St, Queenstown and Hillcrests stores are unable to participate in this promotion. Please call the store to find your next nearest HELL store.
- Hellfire fireworks have a money-back guarantee: in the extremely unlikely event that a firework fails to ignite, please wrap it in tin foil and deliver the firework to the Hell store that you purchased it from for a full refund of that individual item. Hell pizza will determine a fair value for the individual item and this amount is not negotiable.
1. General
We apologise in advance for those that 'may' die of old age while reading this. Unfortunately it is a necessary evil of business. In general if you have any issue with your order please call your store immediately to talk to the owner / manager and if you have no love from them e-mail our hell hole [email protected].
1.1 Definitions
- "Customer" means you and all other persons who purchase the products under your Login, and, as the context requires, includes any person browsing the HELL website, including the online ordering system, who is not registered or recognised customer of HELL.
- "Delivery Point" means an outside area of the Franchise Premises, such as the Customer's front door, or any particular outside area specified by the Customer on a particular Product order form. If the Premises are a multi-level building, the delivery point shall be located on the ground floor of such building, unless requested by the Customer and the Franchise, where the order was placed, has confirmed such request. For customers who live rural, the delivery point may not be the residence stated.
- "Delivery Fee" means the fee you as the customer must pay to have your order delivered to the customers address, or requested delivery point.
- "GST" means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985.
- "Intellectual Property" means all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trademark or copyright, and whether or not registered or registrable by any means, and the right to file an application for registration thereof.
- "Login" means a Customer's personal email address and password used to access the HELL website and online ordering system under that Customer's registration.
- "Premises" means the premises at the address specified by the Customer on their registration application, as amended from time to time.
- "Products" means the products for sale in the HELL website and online ordering system.
- "Store Policies" means the store policies of HELL, set out in the section of the same name on the HELL Website.
- "HELL" means Hell Revolution Ltd (HRL) which is the seller of the Products.
- "HELL Revolution Ltd" means HELL, its related companies, and directors, officers, employees or agents of HELL or its related companies.
- "HELL website" means this internet site owned by HELL, being the medium by which Products are offered for sale online by HELL to the Customer.1.
1.2 Use of the HELL website and online ordering system subject to terms and conditions
Your access to, and use of, the HELL website and online ordering system is subject to the following terms and conditions. By using the HELL website and online ordering system you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them. Orders placed through the HELL website and online ordering system constitute legal offers to purchase, and are capable of being accepted by HELL without any further reference to the Customer.
1.3 Terms and conditions to prevail
These terms and conditions shall prevail over any other document purporting to have a contractual effect, including the Store Policie
1.4 HELL's discretion to accept registration
HELL has the absolute discretion to refuse the registration application of a potential Customer for any reason whatsoever.
1.5 Registration and access costs
No costs are payable to register to use the HELL website and online ordering system but Customers are responsible for any costs incurred in using the HELL website and online ordering system including any charges imposed by their internet service provider.
1.6 Suspension or termination
HELL may, at its absolute discretion, suspend or terminate the ability of any Customer to purchase Products through the HELL website and online ordering system for any reason whatsoever.
1.7 Customer liable for every order
Customers are liable for every order made under their Login.
1.8 Trade not supplied
Unless otherwise agreed, Customers may not purchase Products through the HELL website and online ordering system for the purpose of resale.
1.9 Security of information
HELL shall use its reasonable endeavours to prevent any unauthorised entry into the HELL website. However, no member of HRL will be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access.
Why is the Hell website and online ordering system safe? Safe technology systems - the Hell website uses an internationally recognised encryption protocol to encrypt all personal data that you type into our site before it travels across the internet. Once we receive your data it is stored on a secure server behind a managed firewall so that your personal details are not accessible from the internet by any third party.
Safe payment systems - Hell uses "DPS Payment Express" to securely authorise credit card payments before any charges are made. For further information regarding "DPS Payment Express" and how it encrypts and processes transactions, please visit www.paymentexpress.com.
Why is the Hell website and online ordering system safe? Safe technology systems - the Hell website uses an internationally recognised encryption protocol to encrypt all personal data that you type into our site before it travels across the internet. Once we receive your data it is stored on a secure server behind a managed firewall so that your personal details are not accessible from the internet by any third party.
Safe payment systems - Hell uses "DPS Payment Express" to securely authorise credit card payments before any charges are made. For further information regarding "DPS Payment Express" and how it encrypts and processes transactions, please visit www.paymentexpress.com.
1.10 Site content
While HELL has endeavoured to ensure that the information provided on the HELL website and online ordering system is free from error, no member of HRL warrants its accuracy, adequacy or completeness, and no member of HRL shall be responsible or liable for any error in, or omission from, the information provided on the HELL website and online ordering system.
We reserve the right to make changes to the information provided on the HELL website and online ordering system at any time and without notice.
We reserve the right to make changes to the information provided on the HELL website and online ordering system at any time and without notice.
1.11 Use of the site
The Customer agrees not to use the HELL website for any purpose that is unlawful or prohibited by these terms and conditions. Customers may download the information on the HELL website for their own personal use but otherwise neither the HELL website, nor any material on it, may be altered, modified, reproduced, transmitted or distributed without HELL's prior written consent. The Customer agrees that it will not interfere with any other party's use and enjoyment of the HELL website, or damage the operation of the HELL website, or HELL's systems or those of other persons who use the HELL website whether by way of a virus, corrupted file, any other software or program, or otherwise.
2. Price
2.1 Pricing
The Customer shall pay HELL for the Products ordered at the price displayed at the time the order is submitted. No adjustments are made if the price of any Product ordered increases or decreases between the time the order is submitted and the time when that Product is delivered.
Prices and specials available on the HELL website may not necessarily be the same as the prices and specials available in HELL's stores. Any prices and specials available in HELL's stores will only apply to Products purchased through HELL's website if those prices or specials are specifically displayed on the HELL website, and vice versa.
HELL may vary the prices of the Products at any time without notice.
Prices and specials available on the HELL website may not necessarily be the same as the prices and specials available in HELL's stores. Any prices and specials available in HELL's stores will only apply to Products purchased through HELL's website if those prices or specials are specifically displayed on the HELL website, and vice versa.
HELL may vary the prices of the Products at any time without notice.
2.2 Currency
The prices of Products are displayed in New Zealand currency.
2.3 Prices inclusive of GST
The prices of the Products are inclusive of GST and any other sales tax.
2.4 Delivery Fee
In addition to the price of Products ordered, the Customer shall pay HELL a delivery fee. This fee covers the costs associated with the delivery of your order. The fee shall be identified and included in the total price at the point of checkout. HELL may change this fee at any time.
2.5 Adjustments to price
The Customer will be notified of any adjustments made to the total price of their order on the invoice or receipt, which will accompany the purchased Products on delivery.
2.6 HELL may set credit limits
HELL may from time to time set credit limits for individual Customers.
3. Product availability, range, specials and quality
3.1 Product availability
Every effort will be made to fulfil orders placed with HELL's website and HELL's online ordering system, but no member of the HRL shall be liable to any person if HELL is unable to or declines to supply a Product for any reason whatsoever.
3.3 Specials
Specials are subject to availability while stocks last. HELL's website and HELL's online ordering system, does not allow back orders for specials that are out of stock.
3.4 Product quality
If HELL agrees that a Product was delivered to a Customer in a damaged or spoiled condition, HELL shall, at the request of the Customer, refund the value of the relevant Product to the Customer (as at the date on which the Product was originally ordered). As per the HELL service guarantee.
4. PAYMENT
4.1 Method of Payment
Customers must pay HELL for the product purchased. HELL's website and HELL's online ordering system accepts all credit cards for payment. Credit Cards must be sighted upon delivery.
Alternative methods of payment - If you do not wish to use your credit card to pay for orders you place at www.hell.co.nz you may pay by cash. Cash payments must be handed over to a HELL employee upon delivery or pick-up prior to goods being received. EFTPOS payment is only available to those paying and picking the order up from a HELL store.
Alternative methods of payment - If you do not wish to use your credit card to pay for orders you place at www.hell.co.nz you may pay by cash. Cash payments must be handed over to a HELL employee upon delivery or pick-up prior to goods being received. EFTPOS payment is only available to those paying and picking the order up from a HELL store.
4.2 Payment by credit card
If a Customer's credit card is declined by its financial institution, delivery of the relevant order will not be made, and HELL will contact the Customer to make alternative payment arrangements.
NEW customers who are paying for their delivery by credit card may be asked to provide up to 2 forms of identification. The said credit card and a photo ID, i.e. drivers license, passport for signature verification.
Each time you load a credit and debit card into the HELL app or website, you authorise a temporary hold of NZD $0.01 against that credit or debit card. HELL is not responsible for, and has no influence over, the time it takes for your bank to release the $0.01 hold. Please contact your bank if you have any questions. In general this period is 7 days for Visa/Mastercard branded cards, and 14 days for American Express branded cards.
HELL reserves the right to refuse to accept payment from any particular Customer by credit card for any reason whatsoever.
NEW customers who are paying for their delivery by credit card may be asked to provide up to 2 forms of identification. The said credit card and a photo ID, i.e. drivers license, passport for signature verification.
Each time you load a credit and debit card into the HELL app or website, you authorise a temporary hold of NZD $0.01 against that credit or debit card. HELL is not responsible for, and has no influence over, the time it takes for your bank to release the $0.01 hold. Please contact your bank if you have any questions. In general this period is 7 days for Visa/Mastercard branded cards, and 14 days for American Express branded cards.
HELL reserves the right to refuse to accept payment from any particular Customer by credit card for any reason whatsoever.
4.4 Adjustments
If a Customer is invoiced an incorrect amount for any Product ordered, HELL shall be paid by, or refund to, the Customer the necessary adjustment amount to reflect the correct amount which should have been invoiced.
4.5 Debt collection
The Customer is liable for all costs associated with debt collection where the Customer defaults in payment for any order.
4.6 Change to payment policy
HELL may change at any time the way in which a Customer pays for Products, and any change will be notified to the Customer prior to the change coming into effect.
5. Delivery
5.1 Right to withhold delivery
HELL reserves the right to withhold the delivery of any Products to a Customer for any reason whatsoever. Customers will not be charged for Products that have been withheld until those Products are either picked up by the Customer (if HELL permits) or alternative delivery arrangements are made.
5.2 Delivery and liability
Deliveries will be made to the Delivery Point. If the courier brings the Products inside the Premises, beyond the Delivery Point, at the request of the Customer, or other person accepting delivery of the Products on behalf of the Customer, whether on any particular occasion or pursuant to a standing instruction or request, no member of HRL shall be liable for any direct or indirect damage or loss (including in negligence) suffered by the Customer or any third party in doing so. In addition, the Customer indemnifies each member of HRL for any direct or indirect damage or loss (including in negligence) that that member incurs in connection with any third party claim arising out of or in connection with any deliveries brought beyond the Delivery Point.
HELL shall be entitled to assume that any person accepting delivery of the Products is authorised to do so on behalf of the Customer.
HELL shall be entitled to assume that any person accepting delivery of the Products is authorised to do so on behalf of the Customer.
5.3 Accessibility and safety
Customers shall ensure that their Delivery Point is easily accessible to HELL's couriers, and that it is safe for those couriers to enter the Customer's premises in order to complete the delivery. If in the courier's opinion the Delivery Point is not easily accessible, or it is unsafe to deliver the Products, the delivery will not be made, and the Customer will be contacted to make alternative arrangements. HELL reserves the right to charge Customers an additional delivery fee in respect of any deliveries repeated in accordance with this clause.
5.4 Change of address
The Customer shall notify HELL of a change to its delivery address.
5.5 Delivery deemed to have taken place
Subject to clause 10.5, if no person is present at the Delivery Point at the time of delivery, or the Customer or any other person fails or refuses to take delivery of the Products, the Products will be left at the Delivery Point and be deemed to have been delivered at that point in time.
5.6 Incorrectly or undelivered Products
If any Product delivered does not correspond with a Product ordered, the Customer may:
(a) keep the incorrectly-delivered Product, in which case no adjustment will be made to the payment due from the Customer for the order containing the incorrect Product; or
(b) reject the incorrectly-delivered Product, in which case HELL will, at the request of the Customer, either replace that Product with the Product that was originally ordered, or refund the value of the Product that was originally ordered (as at the date on which the Product was ordered).
If a Customer chooses to reject an incorrectly-delivered Product in accordance with sub-clause (b), HELL reserves the right to collect the incorrectly-delivered Product from the Customer. If the Customer is unable, or refuses, to deliver up the Product when requested, HELL reserves the right to charge the Customer for that Product.
If a Customer has been charged for a Product that has not been delivered, if the Product is in stock, HELL will, at the request of the Customer, re-deliver that Product at no extra charge to the Customer. Alternatively, the Customer may cancel the order of such Product (or if the Product is out of stock HELL may cancel the order for that Product) (in each case without incurring any cancellation fee), and HELL will refund the value of the relevant Product (as at the date on which the Product was ordered).
This clause does not apply to Products that have been substituted in accordance with clause 3.4.
(a) keep the incorrectly-delivered Product, in which case no adjustment will be made to the payment due from the Customer for the order containing the incorrect Product; or
(b) reject the incorrectly-delivered Product, in which case HELL will, at the request of the Customer, either replace that Product with the Product that was originally ordered, or refund the value of the Product that was originally ordered (as at the date on which the Product was ordered).
If a Customer chooses to reject an incorrectly-delivered Product in accordance with sub-clause (b), HELL reserves the right to collect the incorrectly-delivered Product from the Customer. If the Customer is unable, or refuses, to deliver up the Product when requested, HELL reserves the right to charge the Customer for that Product.
If a Customer has been charged for a Product that has not been delivered, if the Product is in stock, HELL will, at the request of the Customer, re-deliver that Product at no extra charge to the Customer. Alternatively, the Customer may cancel the order of such Product (or if the Product is out of stock HELL may cancel the order for that Product) (in each case without incurring any cancellation fee), and HELL will refund the value of the relevant Product (as at the date on which the Product was ordered).
This clause does not apply to Products that have been substituted in accordance with clause 3.4.
6. VARIATION / CANCELLATION OF ORDER
6.1 Variation/cancellation of order
The Customer may vary or cancel the order up to the point in time that HELL has commenced cooking the order by contacting HELL (0800-666-111). If the Customer wishes to cancel the order after the order has been cooked and packed, the Customer will need to pay the full amount owing ‚ or as agreed with the franchisee.
7. PROPERTY / RISK
7.1 Products
Property and risk in the Products shall pass to the Customer on delivery to the Delivery Point.
7.2 Login
The Customer shall keep their Login details safe and confidential at all times.
8. WARRANTIES
8.1 Warranties
All representations, terms, warranties, guarantees, or conditions whether implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions of merchantability and/or fitness for a particular purpose, tolerance to any conditions or similarity to sample are excluded to the fullest extent permitted by law. The Customer acknowledges that the Customer does not rely on any representation or statement made by or on behalf of any member of HRL other than the express provisions of these terms and conditions. The Customer shall ensure that the Products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the Products. The Customer expressly acknowledges and agrees that no member of HRL assumes any obligation or liability for any advice given, and that all such Products are accepted by the Customer entirely at the Customer's risk.
9. LIABILITY AND INDEMNITY
9.1 Product liability
The liability of HRL whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in, or non-compliance of, a Product or any other breach of HELL's obligations hereunder shall not in any event exceed an amount equivalent to the price of the relevant Product.
9.2 No liability for indirect loss
No member of HRL shall be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to the Customer's use of, or inability to use, the HELL website, or the delivery or failure to deliver any Products.
9.1 Product liability
Notwithstanding any other term, the Customer agrees to indemnify each member of HRL against all liabilities, losses, claims and expenses suffered or incurred by that member, and all claims and demands made against any member of HRL, arising directly or indirectly out of the Customer's use of the HELL website, any breach of these terms and conditions, or the delivery or failure to deliver any Products.
10. INTELLECTUAL PROPERTY
10.1 Intellectual Property
All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to the HELL website, HELL‚ online ordering system, the HELL brand, promotional items and its contents is owned by, and shall at all times remain the exclusive property of HELL, its licensors and the providers of any other products and services accessible through HELL Online Shopping, and is protected by New Zealand and international law. Nothing in these terms and conditions shall constitute any licence of intellectual property rights to the Customer.
11. Force Majeure / Covering our evil ass
11.1 Force Majeure / Covering our evil ass
If the performance by HELL of its obligations under these terms and conditions is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, acts of satan, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of Products or raw materials, delay in transit, electricity or communications failures, earth destroyed by god or other, flood, meteorite, termites, or any other dangerous mites, aliens, mankind, or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of HELL), HELL shall be excused from such performance to the extent of such prevention.
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