Effective date: 8^th March 2017

Welcome to the New Zealand Secret website (“Website”).

New Zealand Secret Ltd, a company registered in New Zealand with the companies registration number 5873254, and whose principal place of business is Auckland, New Zealand, provides the content and services available on the Website subject to the following terms and conditions of use (“Terms of Use”), together with our privacy, returns and other policies which you may find elsewhere on the Website

These (Terms of Use) set out the legal terms and conditions on which we allow you to access the Website whether as a registered user or as a guest. By accessing, browsing or otherwise using the Website, you accept these Terms of Use, without limitation or qualification. If you do not accept these Terms of Use, you are not entitled to access or use the Website and you should leave the Website immediately.

Understanding these Terms of Use

When certain words and phrases are used in these Terms of Use, they have specific meanings (these are known as “defined terms”). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these Terms of Use where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).

When we refer to “we”, “us” or “our”, we mean New Zealand Secret Ltd. When we refer to “you” or “your” we mean you, the person accessing or using our Website.

You must be 16 years of age in New Zealand or the age of majority in your jurisdiction in order to make a purchase on our Website. If you are under 16 years old or the age of majority in your jurisdiction, then you may not make a purchase on our Website. If you are under 16 years old, you may browse our Website. However, you may not provide personal information to us nor register on the Website. This Website is not directed to children under 16 years old. By accessing or using the Website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR WEBSITE.

Our Website is made available free of charge. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period. We may update the Website and/or change the content on it at any time.

You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use and that they comply with them.

We do not guarantee that the Website, or any content on it, will be free from errors or omissions. We use reasonable efforts to include only accurate and up-to-date information on the Website; however we make no representations, warranties or guarantees, whether express or implied, concerning such information.

The Website and the content on it are provided for general information and entertainment purposes only. They are not intended to amount to advice (medical or otherwise) on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.

1. Privacy

Please review our Privacy Policy so that you may understand our privacy practices.

2. Products and Services for Personal Use

The products and services available on the Website, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms of Use.

3. Purchase Related Policies and Procedures

To view policies and procedures related to orders placed through this Website (such as order processing, shipping and handling, returns and exchanges), click here.

4. Accuracy of information

We attempt to be as accurate as possible when describing our products on the Website; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, information or other content available on the Website are accurate, complete, reliable, current, or error-free.

This Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.

5. Intellectual property

All information and content available on the Website and its look and feel, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content“) is the property of New Zealand Secret Ltd, our affiliates, partners or licensors, and is protected by New Zealand and international laws, including laws governing copyrights and trademarks.

Except as set forth in the limited licenses in Section 6 below, or as required under applicable law, neither the Content nor any portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.

6. Limited licenses

We grant you a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of the Website. You understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Website:

• Frame or utilize framing techniques to enclose the Website or any portion thereof;
• Use any meta tags, “hidden text”, robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Website, Content (except caching or as necessary to view the Website), or the personal information of others without our prior written permission or authorization;
• Make any use of the Website or any Content other than for personal use;
• Modify, reverse engineer or create any derivative works based upon the Website or any Content;
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
• “Stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way;
• Intentionally violate any applicable local, state, national or international law;
• Transmit, upload, post, e-mail, share, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Website; and/or
• Engage or make any unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.”

We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Website for personal, non-commercial use only. A Website that links to the Website (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such Website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages (as determined in our sole discretion); (v) may not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and/or (vi) may not link to any page of the Website other than the home page. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking

Any unauthorized use by you of the Website or any and/or all of our Content automatically terminates the limited licenses set forth in this Section 6 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.

7. Your Obligations and Responsibilities

By accessing or using the Website or any Content, you agree that you will comply with these Terms and Conditions and any warnings or instructions on the Website. You agree that when accessing or using the Website or any Content, you will act in accordance with the law, custom and in good faith. You may not make any change or alteration to the Website or any Content or services that may appear on this Website and may not impair in any way the integrity or operation of the Website. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to us, our parents, subsidiaries, affiliates, partners or licensors.

8. Your Account

If you register with us, you will be asked to provide your email address and password as part of our security procedures. You must treat such information as confidential and you must not disclose it to any third party. If there has been an unauthorized use of your password or account, please notify us immediately. You are responsible for providing and maintaining current, complete, accurate and truthful information on your account

We have the right to disable any accounts and/or passwords, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

Subject to the age restrictions outlined above, you may view and use many features of the Website without registering, including making purchases, but in order to access and use some parts of the Website.

9. Third Party Links

We are not responsible for the content of any off-Website pages or any other Websites linked to or from the Website. Your linking to or from any off-Website pages or other Websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Site pages or any other Websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and Websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Website pages and other Websites that you visit.

10. Our rights

We are the owner or licensee of all intellectual property rights in the Website and its content, the New Zealand Secret name and Fern trademark and New Zealand Secret product names, images and packaging. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these Terms of Use. You must not use our Website (or any part of it or its content) for commercial purposes; however, you may download material from the Website solely for non-commercial, personal use by you.

No part of the Website, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.

Any communications or materials you send to us through the Website by electronic mail or other means will be treated as non-proprietary and non-confidential (other than communications in respect of your order if you use the Website to buy New Zealand Secret products from us).

We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products.

You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing, sharing, distributing, reproducing, or otherwise making available User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, fraudulent, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

11. Deletion of User Content

If you wish to delete your user content, such as your ratings and reviews posting(s), on our Website or in connection with our mobile applications, please contact us by email at [email protected]

and include the following information in your deletion request: first name, user name/screen name (if applicable), email address associated with our Website and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 10 business days to process your deletion request.

12. Viruses

We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Website and we recommend that you use your own virus protection software.

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

13. Copyright Complaints

We respect the intellectual property of others. If you believe that a work has been copied on the Website in a way that constitutes copyright infringement, please advise directly on [email protected]

14. Representations and Warranties; Limitation of Liability

Our liability

Nothing in these Terms of Use excludes or limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any matter in respect of which it would be unlawful for us to exclude or restrict our liability.

The Website is made available “as is” and, to the maximum extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• Use of, or inability to use, our Website; or
• Use of or reliance on any content displayed on our Website.
• If you are a business user, please note that in particular, we will not be liable for:
• Loss of profits, sales, business, or revenue;
• Business interruption;
• Loss of anticipated savings;
• Loss of business opportunity, goodwill or reputation; or
• Any indirect or consequential loss or damage.
• If you are a consumer user, please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any Website linked to it.

We assume no responsibility for the content of Websites linked on our Website. Such links should not be interpreted as endorsement by us of those linked Websites. We will not be liable for any loss or damage that may arise from your use of them.

Different limitations and exclusions of liability will apply to liability arising as a result of the sale of any New Zealand Secret products by us to you. These are set out in our Terms and Conditions of Sale.

15. Indemnification

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the Website or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

16. Consent to Receive Notices Electronically by Posting on the Website and Via Email

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices“) to which these Terms and Conditions refer from us electronically including without limitation by e-mail or by posting notices on this Website. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at [email protected] and discontinue your use of this Website. In such event, all rights granted to you pursuant to these Terms and Conditions shall automatically terminate. Unfortunately, we cannot provide the benefits of this Website to any user that cannot consent to receipt of Notices electronically.

Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy.

17. General

You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Website, and supersede and govern all prior proposals, agreements, or other communications.

We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Website and providing notice of such change. Any changes are effective immediately upon posting to the Website and release of notice of such change. Your continued use of the Website thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.

If you have any questions regarding these Terms and Conditions, please email us at [email protected]

18. Governing law and jurisdiction

These Terms of Use are governed by the laws of New Zealand. You and we both agree that the laws of New Zealand will have exclusive jurisdiction of any disputes.

19. Contacting us

If you have any questions about the Website or these Terms of Use, please contact us using the form on the Contact Us page of our Website and our customer services team will be happy to assist you.

Thank you for visiting our Website.