TERMS AND CONDITIONS
This website (“Site”) is owned and operated by Pure Nutrition Limited (“we”, “us”, “our”). The Terms and Conditions (“Terms”) set out below form the legal agreement between you, as the user of this Site, and us.
By using this Site you agree that you have read, understood and accept the Terms, and agree to be bound by them. We may amend the Terms at any time and without notice to you. By continuing to use the Site after the Terms have been amended, you will be deemed to have agreed to the amended Terms.
This Site is maintained in New Zealand and we make no warranties or representations that the information provided on this Site is appropriate for use in other countries. You are solely responsible for complying with applicable local law if you choose to access this Site outside of New Zealand.
These Terms are governed by the laws of New Zealand and the New Zealand courts have non-exclusive jurisdiction to hear and determine any dispute arising out of or in connection with them.
Intellectual property and copyright
All material on this Site is protected by copyright and other laws in New Zealand (and similar laws overseas). You acknowledge and agree that all copyright and other intellectual property rights contained in material on this Site (including, but not limited to, text, logos, names, artworks, video, photographs, music, layout, and source code) (“Intellectual Property”) belong to us, our licensors or affiliates (unless otherwise specified).
All rights to the Site and its Intellectual Property are reserved and no right or licence in the Site or the Intellectual Property is granted to you. You must not reproduce or use, or allow anyone to reproduce or use, Intellectual Property on this Site for any reason without our prior written consent.
Use of information
This Site may permit you to submit information, feedback and other user supplied content (“User Data”). By submitting, uploading, modifying or transmitting User Data you:
grant us a non-exclusive, royalty free, fully paid, worldwide, perpetual licence to publish and make available your User Data (by all means and in any media now known or hereafter developed) to other users of this Site, our customers or our suppliers in such manner as we may permit from time to time;
acknowledge and agree that the User Data will be deemed to be non-confidential;
acknowledge and agree that we are not required to acknowledge you as the source of the User Data and no royalties or other remuneration will be paid to you for your User Data, or for the rights granted above; and
warrant to us that you have the legal right to do so.
Security and use of this Site
While we use all reasonable endeavours to protect User Data and your personal information, you acknowledge and agree that there is a risk of unauthorised access to (or alteration of) your User Data, or information contained on your computer system or this Site. We will not be liable for any losses that you may suffer or incur (directly or indirectly) from such unauthorised access or alteration. All information transmitted between you and us is transmitted at your risk, and you assume all responsibility and risks arising from your use of, and connectivity to, this Site and the internet. We will not be liable for any interference or damage (directly or indirectly) which may arise in connection with you accessing this Site or any outbound hyperlink.
You agree that you will not use this Site for any unlawful purpose or engage in any conduct that may damage the operation or content of this Site by any means.
We may use your User Data and information about your use of this Site and other IT systems to prevent and resolve unauthorised access to, or cyber attacks on, these systems. We can use this information in this way even if you are not involved in the malicious activity. We may also need to use your User Data and information about your use of the Site to comply with our legal requirements and to improve cyber security controls for our systems.
We may collect or request personal information about or from you (such as your name, address and contact details) when you use this Site. This policy sets out how we collect, use, disclose and manage personal information sent via this Site. We will only collect, use and disclose your personal information as set out in this policy, or as permitted by the Privacy Act 1993.
We may collect personal information about you such as your name, address, and contact details along with information about your interaction with us, the Site and our other IT systems. You may choose not to provide this information to us but it may affect the way in which you can access certain of our services and this Site.
We may also request other personal information about you relating to goods or services that you wish to obtain from us.
This Site may use automated tools and methods such as cookies, sessions and usage monitoring software to collect information about you when you visit this Site. The personal information we may collect using these automated tools and methods include, but are not limited to, the:
internet protocol address and domain name used by your computer to connect to the internet;
operating system and browser your computer system uses, and any search engine or inbound hyperlink used to access this Site;
date, time and duration of your visit; and
pages viewed by you.
Use and disclosure
We will use and disclose your personal information in accordance with the Privacy Act 1993.
We may use your personal information:
to provide a product or service you have requested;
to provide you with information regarding our products and services;
to respond to product enquiries or complaints;
to provide information to our related entities for the purposes of providing products and services to you;
to improve or update this Site;
to communicate with you;
as expressly set out in these Terms; or
where otherwise legally permitted.
We will not sell your personal information to third parties. However, we may disclose your personal information internally or to third parties with whom we have a contractual or legal relationship (including, but not limited to, credit agencies, agents, related companies, information security companies, website analysis agencies and storage providers). We will not disclose your personal information unless:
it is for the purposes set out above;
you have authorised us to do so;
we believe that use or disclosure is reasonably necessary to assist a law enforcement agency, or third parties responsible for cyber security, in the performance of their functions;
we believe that use or disclosure is reasonably necessary to enforce any legal rights we may have, or is reasonably necessary to protect the rights, property and safety of us, our customers or other third parties; or
we are required or permitted by law to disclose that information.
Storage and security
Personal information collected from this Site is stored by us or by a third party storage provider we contract with. We will use reasonable endeavours to protect your personal information from unauthorised access, use and disclosure, alteration or destruction.
While we endeavour to ensure that the information on this Site is accurate, we are not responsible for any errors or omissions. To the maximum extent permissible by law, we do not provide any warranties, representations, or guarantees of any kind (whether express, implied, statutory or otherwise), including, but not limited to, warranties of non-infringement, merchantability, or fitness for a particular purpose.
This Site may provide links to websites owned and maintained by third parties (“Third Party Sites”). We do not take any responsibility for the accuracy of information provided on Third Party Sites and we will not be responsible for any loss or damage suffered or incurred by you (whether direct or indirect) arising out of, or in connection with, your use of any Third Party Sites.
The nature of the internet and electronic communications means that we cannot guarantee that this Site will be error free, without interruption or delay, or free from defects in its design. We will not be liable to you if this Site becomes unavailable, interrupted, restricted or delayed for any reason.
If you are using our services for business purposes, then you agree that the guarantees set out in the Consumer Guarantees Act 1993 shall not apply to those services.
Limitation of liability
Without limiting anything else set out in these Terms, and to the maximum extent permissible by law, we will not be liable to you for any damages, loss (including, without limitation, loss of profit), costs, expenses of any kind (whether direct or indirect) and whether arising in contract, tort, or otherwise from the use of, or inability to use, this Site or any material appearing on this Site, or from any action or decision taken as a result of using this Site or any such material.
You agree to indemnify us for any damages, loss (including, without limitation, loss of profit), costs, expenses of any kind (whether direct or indirect), whether arising in contract, tort, or otherwise which arise from or in connection with your access or use of this Site.