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Superb

Terms of Servce

Welcome to the Superb Herb Website. Your access to and use of our Website is subject to the following notices, disclaimers, terms and conditions. These terms and conditions apply in addition to any Other Agreement you may currently have with us.

1. GENERAL PROVISIONS

1.1 Definitions

In these terms and conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Content” means all Trade Marks, text, graphical and other visual content, audio content and all other information or materials contained in our Website;

“Superb Herb”, “we, “our” and “us” all mean Superb Herb Company Limited of 374 Henderson Valley Rd, Henderson Valley, Auckland 0612, trading as Superb Herb;

“Other Agreement” or “Other Agreements” means any other terms and conditions that apply to you in relation to any Products offered or supplied by us;

“Products” means those products and services supplied by us to our customers all of which are subject to specific terms and conditions as set out in the Other Agreements;

“Trade Marks” means all of our trade marks, whether registered or unregistered;

“Website” means this internet site operated by us; and

“you” means you our customer, whether an individual, a company, or any other form of entity.

2. USE OF OUR WEBSITE

2.1 By using the Website, you agree to these terms and conditions. If you disagree with any of these terms and conditions, you should not use the Website.

2.2 If you are under the age of 18, you must only use this Website with parental or caregiver consent provided that your parent or caregiver is over the age of 18 and they accept these terms and conditions on your behalf.

2.3 As a condition of use of the Website, you agree:

(a) Not to disrupt activity online;

(b) To ensure that the Website is not used for any illegal activity or which may expose us to potential litigation including (but not limited to) copyright and trade mark infringement, the publication of obscene or defamatory information or material, the publication of information or material that infringes the rights of third parties, or the publication of information or material that is likely to be misleading or deceptive or otherwise breaches the Fair Trading Act 1986;

(c) Not to use anybody else’s computer system, communications services or data, including by hacking or by attempting to circumvent user authentication or other security measures;

(d) Not to post or use any software or device which may facilitate a continued connection or degrade or impede the service of another user, such as pinging, mail bombs or war dialling;

(e) Not to run network scanning software or use open relay to distribute messages; and

(f) Not to introduce anything harmful or destructive (such as viruses, worms, Trojan horses, time bombs or bots) to, or interfere in any way with, our or anyone else’s computer system or communications services.

3. APPLICATION FOR INFORMATION ON PRODUCTS

3.1 Where you wish to request further information on the Products, you must do so in accordance with the instructions on the Website.

3.2 We have the absolute discretion to decline your request for further information for any reason whatsoever without reference to you. We may require the provision of additional information/verifications before providing you with the requested information.

4. PRODUCTS

4.1 Where you proceed to acquire Products from us, the terms and conditions relating to your acquisition and use of all Products are those specifically set out in the Other Agreement(s). Where there is any inconsistency or conflict between these terms and conditions and those set out in the Other Agreement(s) then the terms and conditions of the Other Agreement(s) will prevail.

5. WARRANTY, GARANTEES & LIMITATION OF LIABILITY

5.1 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your information transmitted to our site and any transmission is at your own risk. Once we have received your information, we will use best practice procedures and security features to try to prevent unauthorised access. Please see our privacy policy at clause 11 below, which outlines how we deal with the information you provide to us.

5.2 All representations or terms (including any condition or warranty expressed or implied by law, statute or otherwise) not expressly included in these terms and conditions are hereby expressly excluded. You acknowledge that you have not relied on any representation or statement made by us other than the express provisions of these terms and conditions.

5.3 The Content provided on the Website is supplied on the condition that you will make your own determination as to its fitness or suitability for your purposes. We will not be liable for any damages, losses or liabilities including, but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus or line failure. We will not be liable for any damages, loss or injury including, but not limited to, special or consequential damages that result from the use of, or the inability to use, the Content on the Website and any Products.

5.4 Under no circumstances will we be liable to you or any third party claiming through you for any loss of profits, contract, indirect or consequential loss of any kind whatsoever, nor for any special, indirect, consequential or punitive damages.

6. COPYRIGHT & USE OF CONTENT

6.1 Unless otherwise specified, we are the owner of, or possess rights in respect of the copyright in, the Content appearing on the Website including the text, site design, logos, graphics, icons, button icons, audio clips, software and images, as well as the collection, assembly and arrangement of those items.

6.2 You are granted permission to electronically copy and to print hard copy portions of the Website for the sole purpose of using the Website as a resource to acquire further information about the Products. Any other use of the Content on the Website (including reproduction for purposes other than that noted above, or any modification, distribution, or republication of any Content on the Website) without our prior written permission is strictly prohibited.

6.3 All rights not expressly granted herein are reserved. Any unauthorised use of the Content appearing on the Website may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.

6.4 Content from the Website and material or information on other sites owned, operated, licensed or controlled by us may not be copied, reproduced, distributed, modified, published, uploaded, posted or transmitted in any way without our prior written consent.

6.5 Modification, distribution, or use of the Content contained in our Website for any purposes other than for your personal use directly violates our intellectual property rights. The Content contained within this site is copyrighted and protected by world-wide copyright laws and treaty provisions (even if it is not stated to be so protected) and is provided for lawful purposes only.

7. DISCLAIMER

7.1 The Content on the Website is provided for guidance only and is presented in good faith and believed to be correct as at the date on which it is prepared. Nothing contained in the Website should be construed as a recommendation to use any particular Product. We make no warranties or representations about the accuracy or completeness of the Website, its Content or the content of any website “hypertext linked” to or from the Website. To the extent permitted by law, we reserve the right, but make no binding commitment, to update or correct the terms and conditions and Content contained in the Website at any time without notice.

8. APPLICABLE LAWS

8.1 These terms and conditions shall be governed by and construed in accordance with the laws of New Zealand and will be subject to the exclusive jurisdiction of the New Zealand Courts.

8.2 Except as otherwise described, all Content on the Website is made available only to provide information about the Website and the Products. The Website is controlled and operated by us, from our offices within New Zealand. We make no representation or warranty that the Content on the Website is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. We accept no liability whatsoever to you in respect of such matters.

8.3 If you choose to access the Website from outside of New Zealand, you are solely responsible for compliance with applicable local laws and we make no warranty or representation that the information complies with any laws, rules, regulations, procedures, codes or governmental directives, outside of the jurisdiction of New Zealand. You indemnify us absolutely in respect of any liability arising for us as a result of your non-compliance.

8.4 You may not use or export the Content in the Website in violation of New Zealand laws and regulations.

9. TRADE MARKS

9.1 We use Trade Marks and service marks on the Website. These Trade Marks and service marks may not be used or reproduced without our prior written permission.

10. GENERAL

10.1 If any clause of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other clauses of these terms and conditions and the remainder of the clause in question will not be affected.

10.2 The headings to the clauses of these terms and conditions are for ease of reference only and will not affect the interpretation or construction of these terms and conditions.

10.3 If the performance of our obligations under these terms and conditions is prevented by reason of “force majeure” (which shall include fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, electricity or communications failures or other causes whatsoever (whether similar to the foregoing or not) beyond our reasonable control) we will be excused from such performance to the extent of such prevention.

10.4 From time to time we may vary these terms and conditions without notice. Please check these terms and conditions periodically for changes. Your continued access and use of the Website after the terms and conditions have been changed indicates your acceptance of those changes.

11. PRIVACY POLICY

11.1 We may hold information relating to you that you have provided to us (including information provided when requesting further information from us about the Products or that we may have obtained from another source.

11.2 This information may include, amongst other information, your name, address (including email address), telephone number, images you provide to us and information on the type of Products you are interested in.

11.3 You authorise us to hold and use your information for a number of purposes connected with our business operations and functions, which include:

(a) Processing your request for further information;

(b) Dealing with requests, enquiries or complaints and other customer care related activities and all other general administrative and business purposes;

(c) Carrying out market and product analysis and marketing any of the Products and our services generally;

(d) Carrying out any activity in connection with a legal, governmental or regulatory requirement on us or in connection with legal proceedings, crime or fraud prevention, detection or prosecution; and

(e) Carrying out activities connected with the running of our business such as personnel training, quality control, network monitoring, testing and maintenance of computer and other systems and in connection with the transfer of any part of our business in respect of which you are a customer or a potential customer.

11.4 We may also pass your personal information to certain third parties for any particular purpose, including:

(a) Those who provide products or services related to the Products;

(b) Those involved in the prevention or detection of fraud or crime or the apprehension or prosecution of offenders, including the operators and participants of crime prevention schemes in which we participate who may compare your personal information with information collected from other sources and who may keep a record of the searches we make against your name;

(c) Persons to whom we may be required to pass your information by reason of legal, governmental or regulatory requirements; and

(d) Anyone we transfer our business to in respect of which you are a customer or a potential customer.

11.5 If your personal information can readily be retrieved, you are entitled to access that information and request correction of the information.

11.6 The above clauses do not affect your rights under the Privacy Act 1993 and are not intended to limit or exclude your rights under the same.