GENERAL TERMS OF USE

1. The websites www.kapeka.co.nz is owned by Pureland Limited and (referred to in these terms of use as "we", "our" or "us"). Your use of this Website is governed by these terms of use (Terms of Use). By accessing and browsing this Website you agree to be bound by these Terms of Use.

 

Amendments to Terms of Use

2. We may amend these Terms of Use from time to time, and you should check and read these Terms of Use regularly. By continuing to use this Website after any such amendment, you are deemed to have agreed to the amended Terms of Use.

 

Intellectual Property

3. All intellectual property on this Website, including without limitation, the text, graphics, photographs, logos, icons, buttons, images, copyright works and trademarks, is owned by us (or by third-party content suppliers). We are the exclusive owner of all rights in the compilation, design and layout of this Website.

4. Any goods, process or technology described in this Website may be the subject of other intellectual property rights reserved by us. Nothing contained in these Terms of Use shall be construed as conferring on you by implication, estoppel or otherwise any license or right under any patent, trade mark, copyright or other intellectual property right of us or any third party. Any rights not expressly granted herein are reserved.

 

Right to Use Website and Content

5. You may access, view, reproduce and print the content on this Website, provided you only use that content for informational and other non-commercial purposes (including without limitation, personal shopping), and any reproduction includes a prominent acknowledgement of our rights in the relevant content.

6. We reserve the right to prohibit links to the Website, and you agree to remove or cease any link upon our request. You may not frame any part of the Website material by including advertising or other revenue-generating material.

 

Disclaimer

7. The information provided on this Website is for general information only and has not been prepared by taking into account the particular objectives, situation, health or needs of any individual users. Although we have tried to ensure the content on this Website is current, accurate and complete, we do not guarantee that such content will be current, accurate or complete when you access it. Use of information and material provided on this Website is at your own risk.

 

Third Party Websites and Materials

8. The Website may contain links to third party websites. These websites have not been prepared by us and are not controlled by us. They are provided for your convenience only, and do not imply that we check, endorse, approve or agree with third party websites this Website links to.

 

Indemnification

9. You agree to indemnify, hold harmless and defend us and our affiliates, officers, and employees from any loss, liability, claim, demand, damage, or expenses (including reasonable attorneys’ fees) asserted by any third party due to or arising from or in connection with your use of or conduct on this Website. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.

 

Cookies

10. You agree to us using "cookies" to provide you with access to tailored information and services on the Website and to serve you better when you return to it. A cookie is a small data file that the Website sends to your browser, which may then be stored on your system for later retrieval by the Website. Cookies track your movements through different websites, and are widely used on websites to help with navigation and to help personalise your experience when you visit a website.

 

Sale of Goods

11. You may offer to purchase any of the goods described on this Website for the price (if any) specified on this Website. Your order is subject to the Terms of Sale for those goods. 

 

User Acknowledgment

12. By ordering any of the goods described on this Website, you acknowledge and agree that:

(a) the information you enter on this Website to place an order is valid and correct in all respects;

(b) the goods described on this Website are not intended to treat, cure, or prevent any disease, are not intended to be used for any other therapeutic purpose, and have not been represented as such; and

(c) the goods ordered are solely for your own personal use.

13. You acknowledge that despite our reasonable precautions, goods may be listed at an incorrect price or with incorrect information due to an error or oversight. In these circumstances, we reserve the right to cancel the transaction notwithstanding that your order has been confirmed or otherwise accepted. We will refund any purchase price to you for the goods in question.

 

Currency (and Local Taxes)

14. All prices (if any) listed by us on the Website are in NZ dollars. All prices are listed exclusive of ANY APPLICABLE LOCAL TAXES on our then current price list, subject to variation in accordance with the Terms of Sale.

 

All Liability Excluded

15. To the fullest extent permitted by law:

(a) all warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limit, suitability, fitness for purpose, accuracy or completeness of this Website, the content on or accessed through this Website, or the purchase of goods from us; and

(b) we will not be liable for any damage, loss or expenses, indirect losses, lost profits or consequential damages of any kind, suffered or incurred by you in connection with your access to or use of this Website, the content on or accessed through this Website, or the purchase of goods from us.

16. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included, but to the fullest extent permitted by law our liability will be limited for a breach of that condition or warranty to one or more of the following:

(a) if the breach relates to goods:

(i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of such goods;

(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(iv) the payment of the cost of having the goods repaired; and

(b) if the breach relates to services:

(i) the supplying of the services again; or

(ii) the payment of the cost of having the services supplied again.

17. These Terms of Use do not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot lawfully be excluded. No provision of these Terms of Use is intended to exclude, restrict or modify any rights you may have under the New Zealand Consumer Guarantees Act 1993. However, if you are using this Website, its content, or any goods purchased from us for business purposes, the exclusions in paragraph 15 above will apply and the New Zealand Consumer Guarantees Act 1993 will not apply.

 

Partial Invalidity

18. If any provision of these Terms of Use is or becomes invalid or unenforceable, that provision will be deemed deleted from these Terms of Use. The invalidity or unenforceability of that provision will not affect the other provisions of these Terms of Use, all of which will remain in full force and effect to the extent permitted by law, subject to any modifications made necessary by the deletion of the invalid or unenforceable provision.

 

Privacy Policy

19. The Privacy Policy available on our home page governs the collection, use and disclosure of your personal information by us. The Privacy Policy forms a part of these Terms of Use.

 

Additional Terms

20. You may need to agree to additional terms of use for any promotions or competitions which may be available to you from time to time through this Website, prior to being able to obtain or participate in such promotions or competitions. Any such additional terms of use must be read in conjunction with these Terms of Use. In the event of any inconsistency between these Terms of Use and any promotion or competition terms and conditions, the relevant promotion or competition terms and conditions will prevail.

21. This Website (including without limitation, the content on this Website) has been prepared in accordance with the requirements of New Zealand law. These Terms of Use and any matters or disputes connected with this Website will be governed by New Zealand laws and will be dealt with by New Zealand courts, and you agree to submit to the jurisdiction of New Zealand courts.

 

8 Cow Lane, Queenstown 9300, New Zealand