Terms and Conditions

Welcome to Captain Custard!

These terms and conditions outline the rules and regulations for the use of Tooner Fish Ltd's Website, located at https://captaincustard.com.

By accessing this website and/or purchasing products from us, we assume you accept these terms and conditions. Do not continue to use Captain Custard if you do not agree to take all of the terms and conditions stated on this page.

1. COOKIES

The website uses cookies to help personalize your online experience. By accessing Captain Custard, you agreed to use the required cookies.

A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.

We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You have the ability to accept or decline optional Cookies. There are some required Cookies that are necessary for the operation of our website. These cookies do not require your consent as they always work.

2. INTELLECTUAL PROPERTY & LICENSE

Unless otherwise stated, Tooner Fish Ltd and/or its licensors own the intellectual property rights for all material on Captain Custard, including all original artwork, characters, story lines, digital PDFs, and physical comic books. All intellectual property rights are reserved.

You may access content from Captain Custard for your own personal, non-commercial use, subject to restrictions set in these terms and conditions.

You must not:

• Copy, republish, or redistribute material from Captain Custard.

• Sell, rent, or sub-license material or digital files from Captain Custard.

• Reproduce, duplicate, or copy artwork or text from Captain Custard.

• Use any artwork, text, or media from this website for machine learning, artificial intelligence (AI) generator training, or automated data scraping.

3. PURCHASES & E-COMMERCE TERMS

• Pricing & Currency: All prices listed on the website are in New Zealand Dollars (NZD) unless explicitly stated otherwise. We reserve the right to change prices at any time.

• Payment Processing: Payments for digital PDFs and physical paperback comics are securely processed via third-party providers (Stripe and PayPal). By placing an order, you agree to their respective terms of service.

• Digital Products: Digital downloads (such as comic PDFs) are delivered electronically. Purchasing a digital comic grants you a personal, non-exclusive, non-transferable license to view the file. You may not share, re-sell, or re-distribute the file.

• Physical Goods & Shipping: Physical products (such as paperback comics) will be shipped to the address provided at checkout. Delivery estimates are provided for convenience and are not guaranteed.

4. USER COMMENTS & CONTENT

Parts of this website may offer users an opportunity to post and exchange opinions and information. Tooner Fish Ltd does not filter, edit, publish, or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Tooner Fish Ltd.

Tooner Fish Ltd reserves the right to monitor all Comments and remove any Comments that can be considered inappropriate, offensive, or cause a breach of these Terms and Conditions.

You warrant and represent that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;

• The Comments do not invade any intellectual property right of any third party;

• The Comments do not contain any defamatory, libelous, offensive, or unlawful material;

• You grant Tooner Fish Ltd a non-exclusive license to use, reproduce, and edit any of your Comments.

5. HYPERLINKING TO OUR CONTENT

The following organizations may link to our Website without prior written approval: Government agencies, Search engines, News organizations, and Online directory distributors.

No use of Tooner Fish Ltd's logo or artwork will be allowed for linking absent a trademark license agreement.

6. LIMITATION OF LIABILITY & DISCLAIMERS

To the maximum extent permitted by applicable law (including the New Zealand Consumer Guarantees Act and Fair Trading Act where applicable):

• We do not warrant that the information on this website is completely error-free or that the website will remain uninterrupted or available at all times.

• Tooner Fish Ltd shall not be liable for any indirect, consequential, or incidental damages arising out of the use of this website or the purchase of products beyond the total value of the goods purchased.

7. GOVERNING LAW

These Terms and Conditions are governed by and construed in accordance with the laws of New Zealand. You irrevocably submit to the exclusive jurisdiction of the courts located in New Zealand for any disputes.