T&Cs and Privacy Policy

1. About us

1.1 PackBack Limited ("PackBack," "we," or "us") is a premium hiking equipment rental service.

1.2 By placing an order, you agree to these terms and conditions (Terms), which will form the entire agreement between us to the exclusion of any other terms or other representations, unless expressly agreed by us in writing.

1.3 Section 3 of these Terms will also apply if you only use our website (but don't place an order).

2. About you

2.1 Customers must provide complete and accurate details when placing orders.

2.2 Renting of products is intended for personal use only. If you are renting on behalf of another person, our agreement will remain with you, and you will remain obligated to comply with these Terms. Business or trade-related usage is not permitted under these Terms.

2.3 Communication regarding orders will primarily be through email, with additional contact options available.

2.4 By placing an order, you authorise us to collect, retain and use your personal details in accordance with our privacy policy (a copy which is available on our website). This includes the use of your personal details for contact and delivery purposes. We may also use these details to seek feedback on the services provided. For more information please refer to our privacy policy.

3. Using our website

3.1 Users must use our website for lawful purposes without infringing on others’ rights.

3.2 While efforts are made to maintain website availability, we cannot guarantee uninterrupted service or error-free operation.

3.3 Commercial use or publication of website content requires prior authorization from us in writing.

3.4 We do not authorise the use of our trademarks or logos without our prior written consent. This includes registered or unregistered trademarks of us or our licensors.

3.5 Our website may include published content permitted by third party copyright owners. Third party copyright owners reserve all rights in relation to this content and their permission must be requested in order to copy it (sources are included alongside such content).

3.6 Our website may contain links to other websites. Please be aware that we are not responsible for third party websites and can take no responsibility for their content or availability or how they might use your personal data. Please review the terms and privacy notices on any third party website that you visit.

3.7 We will not be liable or responsible to you or any other person for any loss or damage in connection with the website, any linked website or your access and use of it (or inability to access or use), or reliance on content contained on or accessed through the website or any linked website. To the maximum extent permitted by law, this exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise.

4. Placing an order

4.1 All orders must be placed through our website, following the on-screen process.

4.2 Order confirmation is sent via automated email. Dispatch confirmation signifies acceptance of your order, forming a binding contract.

5. Our products

5.1 It is your responsibility to ensure that any products meet your specific requirements. We will not be responsible if any product does not meet your specific requirements.

5.2 Product images are displayed for reference; actual product appearance may vary. You acknowledge that the product (including any materials) may vary from any sample, description, photo, or specification displayed and that any variation, irregularity or imperfection in the product delivered will not constitute a failure correspond with the sample, description, photo, or specification. You may not reject the product because of any variation, irregularity, or imperfection.

5.3 Packaging shown is illustrative and the actual packaging containing the products may differ.

5.4 We will not be liable or responsible to you or any other person for any loss or damage (direct or otherwise) in connection with the use of any products, to the maximum extent permitted by law.

6. Price, payment and deposit

6.1 Rental prices are displayed on the website, all prices are expressed in New Zealand Dollars and include 15% Goods and Services Tax (GST).

6.2 Payment is processed upon order placement, if we are unable to take payment for any reason, we will contact you and ask you to make payment by an alternative method.

6.3 We take reasonable care to ensure correct pricing. In case of errors, orders may be declined.

6.4 Full and final payment must be made at the time of your booking. We will not be able to dispatch the products until payment is received in full and as cleared funds.

6.5 A $200 security deposit will be charged at the time the order is dispatched, released post return. Repair or replacement fees may be deducted from the deposit.

7. Delivery

7.1 We will deliver the product to the address specified in the order.

7.2 You must ensure that someone is able to accept delivery. If no one is able to accept delivery, you may be able to arrange with our carrier to leave the product at a safe location. In this case, the carrier will deliver the product to the safe location and this will complete our delivery obligations.

7.3 If delivery costs apply, then you are agreeing to pay any delivery costs in addition to the price of the product(s) or service(s).

7.4 Delivery is scheduled to be completed before the rental period begins. We will not be liable for any costs or losses resulting from any delay in the delivery of the products following dispatch.

7.5 The rental product(s) remain our property at all times. However, once the products have been delivered, the care of products will be your responsibility and you will be responsible for ensuring that the products are returned to us in the same condition they were in when you received them, subject to fair wear and tear.

8. Changes and cancellations

8.1 Changes to orders can be accommodated prior to dispatch, subject to product availability. However, no changes to orders are permitted within 14 days before the rental start date, and any orders that are cancelled within 14 days before the rental start date are non-refundable.

9. Returns

9.1 Products must be returned the day immediately after the last day of the rental period, using the return label and packaging provided. Please refer to our Rental FAQs for information on the returns process and contact information.

9.2 Late returns may incur fees, typically at the day rate for each day that items remain unreturned.

10. Charges

10.1 Fair wear and tear are covered in cleaning and repair. Any damage that is not considered fair wear and tear may incur repair or replacement fees.

10.2 Late return fees will apply if the products are not returned the day immediately after the last day of the rental period, typically charged at the day rate.

11. Our rights to refuse or cancel your order

11.1 Orders may be declined by us for various reasons. Confirmation emails do not guarantee order acceptance, which occurs on confirmation of dispatch.

11.2 Orders may be cancelled by us after dispatch if delivery is not able to be completed for any reason and the products are returned to us.

12. Queries or complaints

12.1 Queries about orders or products can be addressed through our FAQ section or through the help centre.

12.2 If you would like to raise a complaint, please contact us through the help centre.

13. Limitation of liability

13.1 Nothing in these Terms negates or constrains any rights you may have under the law that cannot be excluded. This includes any rights you may have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.

13.2 Except to the extent that the law prevents us from doing so, we exclude all warranties, conditions or obligations to the extent permitted by law and exclude any warranty, condition or obligation imposed or implied under common law, equity or otherwise.

13.3 To the maximum extent permitted by law, we will not be liable for any loss or damage or liability of any kind whatsoever (including any indirect or consequential loss), whether suffered or incurred by you or another person, and whether in contract, or tort, or otherwise and whether such loss or damage arises directly or indirectly from your use of any products or your inability to use any products. To the extent our liability cannot be excluded, but can be limited, our liability is limited to the rental price of the relevant products.

14. Force majeure

14.1 We will not be liable for any failure or delay in complying with any obligation imposed on us under these Terms (including relating to delivery of the products) if the failure or delay arises directly or indirectly from a cause reasonably beyond our control.

15. Customer responsibility for preparation

15.1 PackBack emphasizes that it is your sole responsibility to ensure thorough preparedness for your hiking adventure. This includes, but is not limited to, assessing and managing whether the product actually meets your requirements.

15.2 PackBack explicitly disclaims any responsibility for any associated costs and risks of the product not meeting your requirements. The onus is entirely on you to make informed decisions and preparations for a safe and fulfilling hiking experience.

16. Other important terms

16.1 No failure or delay by us to exercise (in whole or in part) any right, power or remedy under these Terms will operate as a waiver of that right, power or remedy.

16.2 We may change these Terms at any time, but any changes won’t impact existing orders.

16.3 New Zealand law governs these Terms. The New Zealand courts will have non-exclusive jurisdiction in respect of any dispute or proceeding arising out of these Terms.

1. Introduction

1.1 PackBack Limited (we, us, our) is committed to protecting the privacy of all customers and users of our website (Website).

1.2 We collect and store personal information about you to allow us to provide you with our services. Our collection of personal information is subject to the New Zealand Privacy Act 2020 (Act). This privacy policy (Policy) outlines how we collect, use, disclose and protect your personal information in accordance with our obligations under the Act.

1.3 Nothing in this Policy alters your rights under the Act. If you would like to learn more about these rights, please visit www.privacy.org.nz

2. Changes to this policy

2.1 Please note that we may make changes to this Policy at any time by uploading a revised Policy onto our Website. Any changes will be effective from the date that the revised Policy is uploaded. We encourage you to review the Policy regularly for the latest information on our privacy practices.

2.2 This policy was last updated on January 2024.

3. Why we collect your personal information

3.1 We collect personal information from you for the purpose of facilitating and improving the provision of our services to you. We also collect your information to provide you with marketing materials where you have consented to us doing so (Purposes).

3.2 We only collect your personal information for reasons associated with these Purposes.

4. Your consent to our collection of your personal information

4.1 By engaging with our Website and services you consent to your personal information being collected, held and used in accordance with this Policy or for any other use that you authorise.

4.2 This includes the collection of your:

(a) Name.

(b) Contact details (including your email address and phone numbers).

(c) Delivery address.

(d) Payment details (including credit card and/or banking information).

(e) Details of orders/purchases made through our Website or in our store.

4.3 If you contact us by phone, we may record the call and note the details of it. This information may be used by us for training, service improvement, or for statistical purposes.

4.4 We also collect information about your usage of our Website through the use of cookies. Cookies are an alphanumeric identifier that is transferred to your computer’s hard drive so that we can recognise you on future visits. We use the information gathered from these cookies in the administration and improvement of our website. If you do not authorise us to use cookies, you may disable cookies by changing the settings on your web browser. Please note that this may mean that you cannot use some or all of the features of our Website.

4.5 We collect technical information about your device when you access our Website. This includes information about your:

(a) Device and web browser.

(b) Mobile Phone Carrier.

(c) Location.

(d) IP address.

(e) Interactions with our Website.

We will treat this information as personal information.

Your device may allow you to restrict our ability to view this information. In some instances, this may mean you are unable to use some or all of our services.

4.6 More detailed information about why we collect the personal information outlined above is available upon request.

5. How we collect your personal information

5.1 We may collect your personal information from:

(a) You, when you provide that information to us, whether that be via the use of our Website or when you otherwise voluntarily provide us with information that is relevant to the Purposes of this Policy.

(b) Third parties, where you have authorised that your information be shared with us (such as through interaction with any of our advertising on social media or any other website).

(c) Other sources where the information is publicly available.

6. What we may use your personal information for

6.1 We may use your personal information for the following reasons:

(a) To verify your identity.

(b) To provide our services to you.

(c) To communicate with you (including for marketing purposes) and respond to communications from you.

(d) To improve the services we provide to you, including by tailoring your experience with our services by making assumptions about you based on your provided information and activity on our Website.

(e) To undertake credit checks of you (if necessary).

(f) To bill you and to collect money that you owe us.

(g) To conduct research and statistical analysis (on an anonymised basis where possible).

(h) To protect and/or enforce our legal rights and interests, including defending any claim.

(i) For any other purposes authorised by you or the Act.

7. Who we may disclose your personal information to

7.1 We may disclose your personal information to:

(a) Any business that supports our services and products, including any person that hosts or maintains any underlying IT system or data centre that we use to provide the Website or other services, any payment providers, any fraud detection partners, marketing and advertising partners, and customer support partners.

(b) Any credit reference agency for the purpose of credit checking you.

(c) Other third parties (for anonymised statistical information).

(d) A person who can require us to supply your personal information (such as a regulatory or government authority).

(e) Any other person authorised by the Act or another law (such as a law enforcement agency).

(f) Any other person authorised by you.

7.2 We may also disclose your personal information to any entity that we enter into any joint venture with or any other business that we are sold to or merged with.

7.3 We will only disclose personal information to the parties listed above if it is necessary and appropriate to facilitate the Purposes for which your personal information was collected pursuant to this Policy.

8. Direct marketing

8.1 Where you have given consent to do so, we will use your personal information to directly market our services to you.

8.2 We may carry out this direct marketing by online advertising, email, phone, or post.

8.3 You have the right to revoke your consent to receive direct marketing at any time by contacting us.

9. Advertising and third-party links

9.1 Our Website may contain links to a variety of advertising and third-party website sources. If you follow a link from our Website to any other website, the owner(s) of that site will not be bound by our Policy and may have their own policy in place. We suggest that you review that site’s privacy policy before you provide your personal information to them.

10. How long we will store your personal information

10.1 We will hold your personal information for as long as it is required to provide you with our services.

10.2 You may request that we delete your personal information as outlined in clause 13.

11. How we protect your personal information

11.1 We take all reasonable steps to keep your personal information safe from loss, unauthorised activity or other misuse. These steps include:

(a) Adopting and regularly reviewing the performance and terms of our internal data security policies and systems to ensure that they are fit for purpose and protect your personal information from unlawful processing, accidental loss, destruction and damage.

(b) Adopting technologies for our internal use that meet the standards required by the Act.

(c) Verifying the suitability of security systems in place with third parties that we work with to ensure that they meet the standards required by the Act.

11.2 In some cases, the personal information that we collect from you may be processed outside of New Zealand. Where this is the case, these third parties are also obliged to comply with the Act when dealing with your personal information. We make all reasonable endeavours to ensure that all entities that we work with outside of New Zealand offer satisfactory protection for your personal information. If you wish for your personal information to not be disclosed outside of New Zealand, please let us know., however, this may mean that you may be unable to use any or all of our services.

11.3 We have taken steps to ensure that our Website is secure. We use the secure HTTPS data transfer protocol for the transmission of data and our site holds an SSL certificate from a trusted organisation. Despite this, the internet is not in itself a secure environment and we cannot give an absolute assurance that your information will be secure at all times. Transmission of personal information over the internet is at your own risk and you should only enter, or instruct the entering of, personal information to the service within a secure environment.

11.4 Any payments that we process from you are encrypted and processed using an external credit card payment processer. We do not store your payment details.

12. Notification in event of a security breach

12.1 We will advise you at the first reasonable opportunity upon discovering or being advised of any security breach in which your personal information is lost, stolen, accessed, used, disclosed, copied, modified or disposed of by any unauthorised person or in any unauthorised manner.

12.2 Should such a breach occur we are committed to taking all reasonable steps to remediate the issue that gave rise to the security breach to prevent subsequent security breaches.

13. Your rights to access, correction and deletion of your personal information

13.1 Under the Act, you have the following rights:

(a) The right to be informed about how your data is being used. If you would like further information beyond that provided in this Policy, please contact us at amanda@packback.nz.

(b) The right to access readily retrievable personal information held by us about you. This right is subject to certain grounds for our refusal as outlined in the Act.

(c) The right to request corrections to the personal information that we hold about you. Should you request a correction, we will make the correction should the correction be reasonable and we are reasonably able to make it. If we are unable to, we will take reasonable steps to note the requested correction in our records against your data.

13.2 If you would like to exercise the above rights, please email us at amanda@packback.nz. Please clearly state what information you are requesting, provide evidence of your identity, and notify us of anything else you deem relevant to your request.

14. Users outside New Zealand

14.1 The information we collect may be processed in and transferred between your location and New Zealand. New Zealand may not have equivalent data protection laws to those in force in your location.

15. How you can contact us about privacy matters

15.1 If you have any queries or requests concerning this Policy, please contact us at hello@packback.nz