New Zealand Terms of Service

overview

GO FIT ORGANIC NEW ZEALAND operates this website; the terms “we,” “us,” and “our” refer to GO FIT ORGANIC NEW ZEALAND. GO FIT ORGANIC NEW ZEALAND provides you, the user, with this website, including all information, tools, and services available from this site, conditioned on your acceptance of all terms, conditions, policies, and notices stated here.

You agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including such other terms and conditions and policies linked herein and/or available by hyperlink, by visiting our site and/or purchasing something from us. These Terms of Service apply to all site users, including but not limited to browsers, vendors, consumers, merchants, and/or content contributors.

Before accessing or using our website, please read these Terms of Service carefully. You agree to be bound by these Terms of Service by accessing or using any portion of the site. You may not access the website or use any services if you do not agree to all of the terms and conditions of this agreement. Acceptance is solely restricted to these Terms of Service if these Terms of Service are considered an offer.

The Terms of Service will apply to any new features or tools that are added to the current store. On this page, you can examine the most recent version of the Terms of Service at any time. By making updates and/or changes to our website, we reserve the right to update, amend, or replace any portion of these Terms of Service. It is your responsibility to check this page for updates on a regular basis. Following the posting of such modifications, your continued use of or access to the website implies acceptance of those changes.

Our business is built on an e-Commerce platform that allows us to offer our products and services to you online.

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section 1 – online store terms

You represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have given us your agreement to allow any of your minor dependents to use this site, by agreeing to these Terms of Service.

You may not utilize our goods for any illegal or unlawful purpose, nor may you use the Service to violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not send any worms, viruses, or programs that are harmful.

Any breach or violation of the Terms will result in your Services being immediately terminated.

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section 2 – general conditions

We reserve the right, at any moment, to refuse service to anybody for any reason.

You acknowledge that your content (except credit card information) may be transmitted in an unencrypted format and that it may include (a) transmissions across different networks; and (b) modifications to conform and adapt to technical requirements of connected networks or devices. During the transmission of data over networks, credit card information is always encrypted.

Without our express written consent, you agree not to replicate, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided.

The headings in this agreement are included only for the sake of convenience and will not affect or limit these Terms in any way.

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section 3 – accuracy, completeness and timeliness of information

We are not liable if the information on this site is not accurate, complete, or up to date. The content on this site is provided for informational purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete, or timely sources of information. Any reliance on this site’s content is entirely at your own risk.

This website might have some historical information on it. Historical data is, by definition, out of date and is given solely for your convenience. We reserve the right to change the contents of this website at any time, but we are under no obligation to do so. You acknowledge that monitoring changes to our site is your responsibility.

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section 4 – modifications to the service and prices

Our product prices are subject to change at any time without notice.

We retain the right to change or discontinue the Service (or any part or content thereof) at any time and without notice.

Any modification, pricing change, suspension, or discontinuation of the Service will not be liable to you or any third-party.

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section 5 – products or services (if applicable)

Some products or services may only be available through the website. Limited quantities of these products or services may exist, and they are only returnable or exchangeable pursuant to our Return Policy.

We have made every effort to display the colours and images of our products in the store as accurately as possible. We cannot guarantee that any color seen on your computer monitor is accurate.

We reserve the right, but not the obligation, to limit our product or service sales to any individual, geographic location, or jurisdiction. On a case-by-case basis, we may exercise this right. We have the right to limit the number of products or services we offer at any time. All product descriptions and pricing are subject to change at any time without notice, at our sole discretion. At any time, we have the right to discontinue any product. Any offer made on this site for a product or service is void where prohibited.

We do not guarantee that the quality of goods, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

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section 6 – accuracy of billing and account information

Any order you place with us is subject to our discretion. We reserve the right to limit or cancel quantities purchased per person, per household, or per order at any time. Orders placed by or under the same customer account, the same payment card, and/or orders that use the same billing and/or shipping address may be subject to these restrictions. We may seek to tell you if we make a change to or cancel an order by contacting the e-mail address and/or billing address/phone number supplied at the time the purchase was placed. We have the right to limit or reject orders that appear to be placed by dealers, resellers, or distributors in our sole discretion.

For any purchases made at our store, you agree to provide current, complete, and accurate purchase and account information. You agree to keep your account and other information up to date, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and communicate with you as needed.

For additional information, please review our Returns Policy.

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section 7 – optional tools

We may give you access to third-party tools over which we have no control or input, and which we do not monitor.

You understand and agree that we provide access to such tools “as is” and “as available,” with no warranties, representations, or terms of any kind and no endorsement. We will not be liable for any damages resulting from or related to your use of optional third-party tools.

Any use of optional tools made available through the site is at your own risk and discretion, and you should ensure that you are familiar with and approve of the conditions under which the tools are provided by the relevant third-party source(s).

We may also provide new services and/or features through the website in the future (including, the release of new tools and resources). These Terms of Service will also apply to any additional features or services.

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section 8 – third-party links

Third-party materials may be included in some of the content, goods, and services offered through our Service.

This site’s third-party links may take you to websites that are not affiliated with us. We are not responsible for inspecting or analyzing the content or accuracy of third-party materials or websites, or for any other materials, products, or services provided by third-parties, and we do not warrant and will not have any liability or responsibility for them.

We are not responsible for any losses or damages incurred as a result of the purchase or usage of goods, services, resources, content, or any other transactions conducted through third-party websites. Before you engage in any transaction, please read the third-party’s policies and procedures carefully and make sure you understand them. Third-party product complaints, claims, concerns, or questions should be directed to the third-party.

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section 9 – user comments, feedback and other submissions

If you send us specific submissions (for example, contest entries) or if you send us creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may edit, copy, publish, distribute, translate, and otherwise use any comments you send us in any medium at any time without restriction. We are not and will not be obligated to: (1) keep any comments confidential; (2) compensate any remarks; or (3) react to any comments.

We may monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service, but we have no obligation to do so.

You promise that your comments will not infringe on anybody else’s rights, including copyright, trademark, privacy, personality, or any other personal or proprietary right. You further agree that your comments will not contain any libellous, otherwise unlawful, abusive, or obscene material, nor will they contain any computer virus or other malware that could harm the Service or any connected website in any manner. You may not impersonate someone else, use a false e-mail address, or otherwise mislead us or third parties about the origin of any comments. Any comments you make and their accuracy are strictly your responsibility. We accept no responsibility and assume no liability for any comments made by you or anyone else.

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section 10 – personal information

Our Privacy Policy governs the submission of personal information through the store. Please review our Privacy Policy at any time.

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section 11 – errors, inaccuracies and omissions

On rare occasions, information on our site or in the Service may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times, or availability. If any information in the Service or on any connected website is inaccurate, we have the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders at any time without prior notice (including after you have submitted your order).

Except as required by law, we undertake no obligation to update, revise, or clarify information in the Service or on any related website, including, without limitation, price information. There is no specific update or refresh date applied in the Service or on any associated website to indicate that all information in the Service or on any related website has been modified or updated.

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section 12 – prohibited uses

You are prohibited from using the site or its content for any of the following reasons: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may may be used in any way that will or may affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) interfere with or circumvent the security features of the Service or any connected website, other websites, or the Internet, in addition to other prohibitions set forth in the Terms of Service. For breaching any of the prohibited uses, we retain the right to suspend your usage of the Service or any related website.

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section 13 – disclaimer of warranties; limitation of liability

We do not guarantee, represent, or assure that your use of our service will be error-free, speedy, secure, or uninterrupted.

We make no representations or warranties as to the accuracy or reliability of any results received via the use of the service.

You accept that we may suspend the service for an extended amount of time or cancel it at any moment, without notice to you.

You expressly acknowledge that your use of the service, or inability to utilize it, is at your own risk. Except as expressly stated by us, the service and all products and services delivered to you through the service are provided “as is” and “as available” for your use, with no representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

GO FIT ORGANIC NEW ZEALAND, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors are not liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because certain states or jurisdictions do not allow the exclusion or limitation of responsibility for consequential or incidental damages, our liability will be limited to the maximum extent permissible by law in those states or jurisdictions.

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section 14 – indemnification

You agree to indemnify, defend and hold harmless GO FIT ORGANIC NEW ZEALAND and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

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section 15 – severability

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service; however, such determination shall not affect the validity and enforceability of any other remaining provisions.

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section 16 – termination

For all purposes, the parties’ responsibilities and liabilities incurred prior to the termination date will survive the agreement’s termination.

Unless and until you or we terminate these Terms of Service, they remain in effect. You may terminate these Terms of Service at any time by notifying us that you no longer wish to utilize our Services or by discontinuing your use of our website.

We may also terminate this agreement at any time without notice if you fail, or we suspect you have failed, to comply with any term or provision of these Terms of Service, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly deny you access to our Services (or any part thereof).

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section 17 – entire agreement

We will not be deemed to have waived any right or provision of these Terms of Service if we fail to exert or enforce such right or provision.

These Terms of Service, as well as any policies or operating rules posted by us on this site or in relation to The Service, constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

These Terms of Service shall not be construed against the drafting party where there are any ambiguities in their interpretation.

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section 18 – governing law

The laws of New Zealand will govern these Terms of Service and any other separate agreements through which we provide you Services.

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section 19 – changes to terms of service

On this page, you can examine the most recent version of the Terms of Service at any time.

By making updates and changes to our website, we reserve the right, at our sole discretion, to update, amend, or replace any portion of these Terms of Service. It is your responsibility to check our website for updates on a regular basis. Following the publishing of any changes to these Terms of Service, your continued use of or access to our website or the Service constitutes acceptance of those changes.

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section 20 – contact information

The Terms of Service questions should be sent to us.