OVERVIEW

This website is operated by HOPI HAUORA NZ. Throughout the site, the terms “we”, “us” and “our” refer to HOPI HAUORA offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service before accessing or using our website.

YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF OUR TERMS OF SERVICE AND INDICATES YOUR WILLINGNESS TO BE BOUND BY THESE TERMS.

You must be over 18 years of age to use this Website, including to purchase any goods or services from this Website.

If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on WIX.com . They provide us with the online e-commerce platform that allows us to sell our products and services to you.

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CHANGES TO OUR TERMS

We reserve the right to change, modify, add or remove portions of these Terms at any time. Please check these Terms regularly prior to using our Website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. 

 

MODIFICATION OF WEBSITE AND CONTENT

We reserve the right at any time, and from time to time, to remove, delete, alter or amend any content on the Website, or to suspend, withdraw, or modify the Website at any time without notice. We shall not be liable to you or any third party for any suspension, withdrawal or modification.

We reserve the right to disclose your name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach or alleged breach of the law or these Terms.

 

OUR ONLINE STORE

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

You agree not to use the Website:

• To reproduce, 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, without express written permission by us.

• In any way that violates any applicable local or international law or regulation.

• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

• To send, knowingly receive, upload, download, use, or re-use any material that is non-authorised material including, but not limited to, material that is, in our opinion, likely to cause offence, or which is defamatory.

• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

• To impersonate or attempt to impersonate HOPI HAUORA , any HOPI HAUORA employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.

• Use any device, software, or routine that interferes with the proper working of the Website.

• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

• Attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise attempt to interfere with the proper working of the Website.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

INFORMATION ACCURACY :

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

 

OUR PRICES

Our product prices (including our wholesale prices) may vary from time to time.

We list up-to-date product prices on our Website.

Prices are in New Zealand dollars and additional delivery changes will apply.

By purchasing any product from us, you agree to our product prices as published at the time of your purchase.

Payments may be handled by third party payment providers. By making a purchase, you agree to be bound by the terms and conditions of any relevant third party payment providers.

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

OUR PRODUCTS

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

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

 

SAFETY - 

Our products are all made with natural and organic ingredients. Any products you purchase through our Website should be used as directed on the product container,  packaging or website. As everyone has different skin, body and medical conditions which may react to an allergen at any given time, any product could cause a negative skin reaction or react differently to various treatments, even natural products. Actual results may vary.

We are not responsible if such a reaction should occur as a result of any consumer using our products. If you develop a skin sensitivity to any product, you should stop using it immediately and consult your physician. Remember, you should never use new products on broken or irritated skin and discontinue using any product that causes any of the following: redness, scaling, itching, burning, soreness, blisters, irritation or other similar reactions.

You should not rely solely on the information contained in this Website as it does not purport to be comprehensive or specific to your personal needs or requirements. Please contact us if you require a list of product ingredients. Ultimately it is the responsibility of the consumer to research product information. And if you are uncertain, check with your health or cosmetics practitioner prior to using any of our products.

Our products should not be consumed by humans or animals. Consumption of our products could result in illness, poisoning, serious injury or death.

Our products must be kept out of reach of children.

We disclaim any liability whatsoever which may result from consumption of our products or failure to keep our products out of reach of children.

 

LIMITATION OF LIABILITY

It is an essential precondition to you using our Website that you agree and accept that HOPI HAUORA is not legally responsible for any loss or damage you might suffer related to your use of the Website (whether from errors or from omissions in our documents or information). This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this Website is entirely at your own risk, for which we shall not be liable, and that to the extent permitted by law your will be solely responsible for any damage to you or your property, any third party or their property arising from the use of the services of the content.

It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

The New Zealand's Consumer Guarantees Act may imply warranties or conditions or impose obligations upon us that cannot be excluded, restricted or modified or can only be modified, restricted or excluded to a limited extent, these terms of use must be read subject to these statutory provisions.  Under these provisions your rights as consumers include statutory guarantees that goods supplied to you will be of acceptable quality and will be fit for any notified purpose.

Our liability for any breach of these terms is limited to: the re-supplying of the goods or services to you; the replacement of the goods; or a refund.

We shall not be responsible for shipping or fulfilment delays, the cancellation of any transaction or the unviability of any product.

To the fullest extent permitted by law we shall not be responsible or liable to you or any third parties claiming through or under you under any circumstances for any loss of profits, lost revenue, lost data equipment downtime, or any indirect, consequential, special, incidental, punitive or exemplary damages or losses arising out of your purchase or use of the products or inability to use the services or any content including but not limited to interruptions or delays in transmission regardless of the type of claim or the nature of the cause of action, even if we have been advised of the possibility of damage or loss.

To the fullest extent permitted by law, our maximum aggregate liability shall not exceed the amount that you have paid for the goods or services to which the liability relates.  To the fullest extent permissible by law, if you are dissatisfied with the services, fulfilment of any order, do not agree with any part of this agreement or have any other dispute or claim with or against us or any of our related entitled, related to the services or content your sole and exclusive remedy is to discontinue use of the services.

 

INDEMNITY

You agree to defend, indemnify, and hold harmless HOPI HAUORA, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorised in these Terms, or your use of any information obtained from the Website. 

 

DELIVERY OF GOODS

Unless otherwise agreed in writing or as indicated on our Website, none of our product prices include delivery.

Delivery costs may be published on our Website at the time that you make your purchase. By making a purchase, you agree to any published delivery costs, in addition to our product prices.

Title and risk in the products transfers from us to you from the time that the products are collected from our premises for delivery.

Products may be delivered by NZ Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with NZ Post or the courier company directly and we are not responsible for products that are damaged in transit or not received. You fully release us from any liability for losses that occur as a result of delivery including but not limited to delays and/or lost or damaged products during delivery. Replacement of items damaged or lost in transit is made at our discretion.

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RETURNS AND REFUNDS

We handle returns and process refunds in accordance with the New Zealand Consumer Guarantees Act and any other relevant consumer protection legislation.

We do not offer any returns or refunds for change of mind.

If you purchased our products directly from us, and you believe that you are entitled to a return or refund because the products are faulty or damaged, please notify us within 30 days of purchase with a valid reason for return. In the event that you are entitled to a replacement or refund, the replacement or refund will be processed promptly and payment for any refund will be made by the same method that you made payment. All refunds are made at our discretion, unless otherwise required by law.

If you purchased our products from a third party such as a retailer or wholesaler, you must contact them to request any refunds or returns. If, after making a genuine effort to resolve the matter directly with that relevant third party, you are not satisfied with their handling of the matter then you may contact us to notify us about the matter.

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THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

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

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

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DISCLAIMER

To the fullest extent permitted by law, we absolutely disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. We give no warranty that our products, information or services will be free of errors, or that defects will be corrected, or that our Website or its server is free of viruses or any other harmful components.

 

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our Website, and high quality products, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in the Website or as to their correctness, suitability, accuracy, reliability, or otherwise.

 

To the extent permitted by law, it is your sole responsibility, and not the responsibility of HOPI HAUORA, to bear any and all costs of servicing, repairs, or correction. The applicable law in your state/country may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this Website or any products or services that may be offered through it. It is your responsibility to do so.

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YOUR PRIVACY

At HOPI HAUORA, we are committed to protecting your privacy. We use the information we collect about you to maximise the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the New Zealand's Privacy Principles. Please read

our Privacy Policy for details of how we collect, store and use your personal information.

 

EXCLUSION OF COMPETITORS

If you are in the business of creating similar products, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of HOPI HAUORA. We expressly exclude and do not permit you to use or access our Website, our products or our services, or to download any documents or information from our Website or obtain any such documents or information through a third party. If you breach this term then we will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. We reserve the right to exclude and deny any person access to our Website, services or information in our sole discretion.

 

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This Website contains material which is owned by, or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the Website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this Website.

 

The HOPI HAUORA name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of HOPI HAUORA or its affiliates or licensors. You must not use such marks without the prior written permission of HOPI HAUORA. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

HOPI HAUORA expressly reserves all copyright and trademark in all documents, information and materials on our Website and we reserve the right to take action against you if you breach any of these terms.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

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WHOLE AGREEMENT

These Terms represent the whole agreement between you and HOPI HAUORA concerning your use and access to our Website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of New Zealand. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

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GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the New Zealand Government.

 

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hopihauora@gmail.com.