References in these Terms to we, us or our are references to Manuka Health New Zealand Limited.
References to you or your are references to the person or entity using our websites.
If you are using our websites on behalf of another entity, you represent and warrant that you are entitled to bind that entity and you have its authority.
Content and intellectual property
Our websites contain text, images, graphics, sound, photographs and other materials and content relating to our business and our products (collectively, Content).
The Content, and all intellectual property rights in the Content, are owned by us or by our licensors and, except as specified in these Terms, you have no rights in or to the Content.
You must not use, reproduce, transmit, distribute or otherwise exploit any Content in any way, except that, where our websites permit and enable the download of particular Content, you may download one copy of that Content to a single computer for your personal, non-commercial home use only.
You agree to ensure that nothing you submit to us through our websites infringes or breaches the rights of any third party or creates any obligation for us. By submitting anything to us through our websites, including any Content, (Your Content) you hereby grant to us, our related companies and all users of our websites an irrevocable, sub-licensable, transferable, worldwide, paid-up licence, to use, copy and modify Your Content in connection with our websites and our business and products and to disclose Your Content to third parties.
We are not responsible for any content or information on any third party's website that is linked to our websites. We include such links for your convenience, and you should not consider a link to be an endorsement by us of any business, product, service or information on that website. If you would like to link your website to our websites, you must first obtain our written consent.
Restrictions on use
Our websites are only for your legal, . You may not use our websites or any Content in any way that is unlawful, or harms us, our related companies or any other person.
You may not send or post any material on our websites, or use our websites, the Content or any service offered via our websites in any manner, that: is unlawful; is obscene, offensive, defamatory, derogatory or unwanted; could damage, disable, overburden, or impair any or our servers or the network(s) connected to our servers; could interfere with any other party's use and enjoyment of our websites; or reduces the number of users accessing or using or able to access or use our websites.
If you register to be a member of our websites or for any service or offering on our websites, additional information and services may be made available to you. We may decline to register you, or cancel your registration, for any reason and we are not obliged to state such reason.
Our websites may contain e-mail services, bulletin board services, blogs, chat areas, news groups, forums and/or other message or communication facilities designed to enable you to communicate with others (collectively, Communication Services). You agree to use the Communication Services only to post, send, and receive messages and material that complies with these Terms.
We are not responsible for the communications of users via the Communications Services and those communications are not reviewed, screened or approved by us. We reserve the right to: terminate or suspend your access to any or all of the Communication Services; or remove any material from the Communication Services, at any time, without notice, for any reason and we are not obliged to state such reason. You acknowledge and agree that your communications with other users via the Communications Services are public and not private communications and that you have no expectation of privacy concerning your use of the Communications Services. Therefore, we strongly encourage you not to disclose any personal information about yourself in your public communications via the Communications Services.
Privacy and purchasing products
If you intend to purchase any products via our websites, you will do so on the terms and conditions set out in our Terms of Trade. By ordering and purchasing our products via our websites, you accept and agree to be bound by the terms of our Terms of Trade.
The Website is not designed for the processing of sensitive or special categories of personal data, or data that is subject to special regulatory schemes, such as protected health information under relevant legislation. You are responsible for risks that may arise if you enter this kind of data into a search field or take other actions that create or submit data of this type for processing by us or any Third Party Providers.
Risk and liability
You understand and agree that your use of our websites is at your sole risk. Our websites are provided by us on an “as is” and “as available” basis. We disclaim and exclude any implied conditions or warranties (including, without limitation, any warranties of merchantability, quality and fitness for a particular purpose).
Without limiting the above, we do not warrant that our websites will be available at all times, secure or error-free, or that any Content is error-free or reliable.
In no event will we, or our related companies, employees, agents, directors and other personnel (Manuka Affiliates), have any liability to you (whether in contract, tort including negligence, or otherwise) in relation to your use of our websites, whether or not such liability is direct, indirect, consequential or of a special nature, including without limitation, any liability for loss of revenue, profit, anticipated savings, goodwill or opportunity, production or loss or corruption of data. For the avoidance of doubt, this includes any liability in relation to any services provided by Third Party Providers in connection with your use of our websites.
You agree to at all times indemnify the Manuka Affiliates against any and all liability, claims, losses, damages, costs or other expenses of any nature whatsoever awarded against, incurred or suffered by any of the Manuka Affiliates arising out of or in connection with any breach by you of these Terms.
None of the exclusions or limitations set out in these Terms will have the effect of limiting or excluding any form of liability to the extent such liability cannot be so limited or excluded under applicable law.
Changes to these Terms
We may amend these Terms from time to time without notifying you. The current and binding Terms will be the version displayed on our websites at the time you access or use our websites.
If you do not accept any modification to these Terms, you may terminate your access and use of our websites. Your continued use of our websites after a change or update has been made to these Terms constitutes your acceptance of the changed or updated Terms.
We reserve the right, without any limitation whatsoever, to discontinue or alter our websites or terminate or suspend your access to our websites at any time, without notice, for any reason and we are not obliged to state such reason. Notices to you may be made via posting to our websites, by email, or by regular mail, in our sole discretion.
We may also provide notices of changes to these Terms or other matters by displaying such notices or by providing links to such notices.
If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
These Terms, and any disputes arising from or relating to the conduct covered by the Terms, are governed by the laws of New Zealand. You hereby submit to the exclusive jurisdiction of the courts of New Zealand.