TERMS & CONDITIONS
1. Helena Health New Zealand Limited (we, us or our) is a New Zealand natural health company and we develop, produce, manufacture and sell New Zealand natural bioactive solutions for human and animal health in a range of countries.
2. These Website Terms and Conditions (Terms) govern your use of:
(a) the Helena Health website at www.helenahealth.com, and any websites or applications operated by us; and
(b) our social media sites and applications such as Facebook and Instagram,
3. Helena Health New Zealand Ltd 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.
4. 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”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. 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.
5. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. 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. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
6. Our store is hosted on WIX Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
7. References in these Terms to we, us or our are references to Helena Health New Zealand Limited.
8. References to you or your are references to the person or entity using our Website.
9. If you are using the Website 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
10. The Website contains text, images, graphics, sound, photographs and other materials and content relating to our business and our products (collectively, Content).
11. 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.
12. You must not use, reproduce, transmit, distribute or otherwise exploit any Content in any way, except that, where the Website permits and enables 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.
13. You agree to ensure that nothing you submit to us through the Website infringes or breaches the rights of any third party or creates any obligation for us. By submitting anything to us through the Website, including any Content, (Your Content) you hereby grant to us, our related companies and all users of the Website an irrevocable, sub-licensable, transferable, worldwide, paid-up license, to use, copy and modify Your Content in connection with the Website and our business and products and to disclose Your Content to third parties.
14. We are not responsible for any content or information on any website that is linked to our Website. 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 Website, you must first obtain our written consent.
15. 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.
Restrictions on use
16. The Website is only for your legal personal use. You may not use the Website or any Content in any way that is unlawful, or harms us, our related companies or any other person.
17. You may not send or post any material on the Website, or use the Website, the Content or any service offered via the Website 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 the Website; or reduces the number of users accessing or using or able to access or use the Website.
18. If you register to be a member of our Website or for any service or offering on our Website, 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.
19. The Website 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.
User Comments, Feedback and Other Submissions
20. 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 pay compensation for any comments; or (2) to respond to any comments.
21. 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.
22. 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 libelous 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.
Privacy and purchasing products
24. If you intend to purchase any products via our Website, you will do so on the terms and conditions set out in our Terms of Trade. By ordering and purchasing our products via this Website, you accept the terms of our Terms of Trade.
Risk and liability
25. You understand and agree that your use of the Website is at your sole risk. The Website is 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 the Website will be available at all times, secure or error-free, or that any Content is error-free or reliable.
26. In no event will we, or our related companies, employees, agents, directors and other personnel, have any liability to you (whether in contract, tort including negligence, or otherwise) in relation to your use of the Website, 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.
Changes to these Terms
27. 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.
28. 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.
29. We reserve the right, without any limitation whatsoever, to discontinue or alter the Website or terminate or suspend your access to the Website 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 the Website, by email, or by regular mail, in our sole discretion.
30. We may also provide notices of changes to these Terms or other matters by displaying such notices or by providing links to such notices.
31. 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.
32. 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.