HAKANOA HANDMADE DRINKS LIMITED

DATED: THE 31st DAY OF MARCH 2018

WEBSITE TERMS AND CONDITIONS

In these terms and conditions, “we” “us” and “our” refers to Hakanoa Handmade Drinks Ltd.  Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions.  The information is intended for residents of New Zealand only.

We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended.  We therefore recommend that each time you access our website you read these terms and conditions.

Registered Users – applies to TRADE LOGIN customers only

1.             In order to access the services provided on this website, you must become a registered user.  You must complete registration by providing certain information as set out on our membership/registration page.  Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration.

2.             You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.

3.      On registration, we provide you with a password and Account Code. On registration you agree to pay for our services as set out on our website.

4.             We reserve the right to terminate your registration at any time if you breach these terms and conditions.

5.             Our services are intended to be used by registered users within New Zealand only.

Our Website Services

6.             Our services are provided to adults over the age of eighteen (18) years.  By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.

7.             All prices are in New Zealand Dollars (NZD) and are exclusive of GST.  We endeavour to ensure that our price list is current.  Our price list can be accessed from our home page and we reserve the right to amend our prices at any time.  If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.

Product Descriptions

8.             We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate.  Where we become aware of any misdescription, we reserve the right to correct any error or omission.

9.             Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.

Product Orders

10.         Our products are for sale to adults over the age of eighteen (18) years.  By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.

11.         We supply and despatch our products to customers within New Zealand only.

12.         We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.

13.         Packaging and postage is an additional charge, calculated at time of purchase.

14.         When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details.  We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.

15.         We undertake to accept or reject your order within 7 days.  If we have not responded to you within 7 days, your offer is deemed to be rejected.  We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.

16.         Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending.

17.         Delivery of your ordered product/s will be as set out on our website.  Title in the goods passes to you when we have received payment.  Our terms of payment are set out on the order page.

18.         All risk of loss or damage to the goods passes to you when we despatch the goods.

Order Cancellation Due To Error

19.         Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction.  Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.

Product Returns

20.         We undertake to replace you for any product delivered to you that is faulty or is in a damaged condition.  If you wish to return a faulty or damaged product, you must notify us through our designated “contact us” webpage where we set out our requirements relating to return of such goods.

21.         We also undertake to exchange any undamaged product purchased from us so long as it is returned unused and with proof of purchase within 14 days of purchase however we will not provide any refund of such purchase.  If undamaged goods are returned to us for exchange, we do not refund any packing and postage charges. Return of undamaged goods for exchange is entirely at your cost and risk.

22.         If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase including packaging and postage charges.

Site Access

23.         When you visit our website, we give you a limited licence to access and use our information for personal use.

24.         You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice.  Your use of our content in any other way infringes our intellectual property rights.

25.         Except as permitted under the Copyright Act 1962, you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.

26.         The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools.  The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

Hyperlinks

27.         This website may from time to time contain hyperlinks to other websites.  Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website.  Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

28.         You may link our website with our consent.  Any such linking will be entirely your responsibility and at your expense.  By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

Intellectual Property Rights

29.         The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.

30.         All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

Disclaimers

31.         Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.

32.         To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.

33.         We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

Limitation of Liability

34.         To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods and/or services again or payment of the costs of having those goods and/or services supplied again.

35.         We accept no liability for any loss whatsoever including consequential loss suffered by you arising from product/s we have supplied.

Indemnity

36.         By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

Force Majeure

37.         If a Force Majeure event causing delay continues for more than 30, we may terminate this Agreement by giving at least 14 Notice to you.  “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.

Jurisdiction

38.         These terms and conditions are to be governed by and construed in accordance with the laws of New Zealand and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New Zealand and you agree to submit to the jurisdiction of those Courts.

39.         If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity.  If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Privacy

40.         We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us.  Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

41.         Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.

PRIVACY POLICY & NOTICE.

dated 31st MARCH 2020

This is the privacy notice of Hakanoa Handmade Drinks Ltd. In this document, “we”, “our”, or “us” refers to Hakanoa Handmade Drinks Ltd.

We are company number 2375710 registered in New Zealand.

Our registered office is at MDT Chartered Accountants, 2/161 Manukau Rd, Epsom Auckland 1023.

This is a notice to inform you of our policy about all information that we record about you. It covers both information that could identify you and information that could not.

We are extremely concerned to protect your privacy and confidentiality. We understand that all users of our web site are quite rightly concerned to know that their data will not be used for any purpose unintended by them, and will not accidentally fall into the hands of a third party. Our policy is both specific and strict. It complies with New Zealand law and with the laws of all jurisdictions of which we are aware. If you think our policy falls short of your expectations or that we are failing to abide by our policy, do please tell us.

We regret that if there are one or more points below with which you are not happy, your only recourse is to leave our web site immediately.

Except as set out below, we do not share, or sell, or disclose to a third party, any personally identifiable information collected at this site.

Here is a list of the information we collect from you, either through our web site or because you give it to us in some other way, and why it is necessary to collect it:

1.            Business and personal information

This includes basic identification and contact information, such as your name and contact details and also includes all information given to us in the course of your business and ours, such as information you give us in your capacity as our client. We undertake to preserve the confidentiality of the information and of the terms of our relationship. It is not used for any other purpose. We expect you to reciprocate this policy.

This information is used:

  • to provide you with the services which you request;
  • for verifying your identity for security purposes;
  • for marketing our services and products;
  • information which does not identify any individual may be used in a general way by us or third parties, to provide class information, for example relating to demographics or usage of a particular page or service.

We keep information, which forms part of our business record for a minimum of seven years. That is because we may need it in some way to support a claim or defence in court. That is also the period within which our tax collecting authorities may demand to know it.

2.            Your domain name and e-mail address

This information is recognised by our servers and the pages that you visit are recorded. We shall not under any circumstances, divulge your e-mail address to any person who is not an employee or contractor of ours and who does not need to know, either generally or specifically. This information is used:

  • to correspond with you or deal with you as you expect;
  • in a collective way not referable to any particular individual, for the purpose of quality control and improvement of our site;
  • to send you news about the services to which you have signed up;
  • to tell you about other of our services.

3.            Website usage information

We may use software embedded in our website (such as JavaScript) to collect information about pages you view and how you have reached them, what you do when you visit a page, the length of time you remain on the page, and how we perform in providing content to you. We do not presently associate such information with an identifiable person.

4.            Financial information relating to your credit cards

This information is never taken by us either through our website or otherwise. At the point of payment, you are transferred to a secure page on the website of either PayPal or ANZ eGate. That page is not controlled by us. Our staff and contractors never have access to it.

5.            Note on padlock symbols and other trust marks

Many companies offer certification and an icon or other small graphic to prove to site visitors that the site is safe. Some certify to a high level of safety. Others are more concerned to take our money than to provide a useful service. We do not handle information about your credit card so do not subscribe to any such service.

6.            Cookies

Cookies are small text files that are placed on your computer’s hard drive through your web browser when you visit any web site. They are widely used to make web sites work, or work more efficiently, as well as to provide information to the owners of the site.

Like all other users of cookies, we may request the return of information from your computer when your browser requests a web page from our server. Cookies enable our web server to identify you to us, and to track your actions and the pages you visit while you use our website. The cookies we use may last for a single visit to our site (they are deleted from your computer when you close your browser), or may remain on your computer until you delete them or until a defined period of time has passed.

Although your browser software enables you to disable cookies, we recommend that you allow the use of cookies in order to take advantage of the features of our website that rely on their use. If you prevent their use, you will not be able to use all the functionality of our website. Here are the ways we use cookies:

  • to record whether you have accepted the use of cookies on our web site. This is solely to comply with the law. If you have chosen not to accept cookies, we will not use cookies for your visit, but unfortunately, our site will not work well for you.
  • to allow essential parts of our web site to operate for you.
  • to operate our content management system.
  • to operate the online notification form – the form that you use to contact us for any reason. This cookie is set on your arrival at our web site and deleted when you close your browser.
  • to enhance security on our contact form. It is set for use only through the contact form. This cookie is deleted when you close your browser.
  • to collect information about how visitors use our site. We use the information to improve your experience of our site and enable us to increase sales. This cookie collects information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from, and the pages they visited.
  • to enable you to watch videos we have placed on YouTube. YouTube will not store personally identifiable cookie information when you use YouTube’s privacy-enhanced mode.

7.            Sending a message to our support system

When you send a message, we collect the data you have given to us in that message in order to obtain confirmation that you are entitled to receive the information and to provide to you the information you need. We record your request and our reply in order to increase the efficiency of our business / organisation. We do not keep any personally identifiable information associated with your message, such as your name or email address.

8.            Complaining

When we receive a complaint, we record all the information you have given to us. We use that information to resolve your complaint. If your complaint reasonably requires us to contact some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and if we do, what that information is.

We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.

9.            Disclosure to Government and their agencies

We are subject to the law like everyone else. We may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.

10.       Compliance with the law

This confidentiality policy has been compiled so as to comply with the law of every jurisdiction in which we aim to do business. If you think it fails to satisfy the law of your country, we should like to hear from you, but ultimately it is your choice as to whether you wish to use our website.

11.       Review or update personally identifiable information

At any time you may review or update the personally identifiable information that we hold about you, by contacting us at the address below. To better safeguard your information, we will also take reasonable steps to verify your identity before granting access or making corrections to your information.

12.       Removal of your information

If you wish us to remove personally identifiable information from our web site, you may contact us at [URL]. To better safeguard your information, we will also take reasonable steps to verify your identity before granting access or making corrections to your information.

13.       Data may be “processed” outside New Zealand

Our web site is hosted in New Zealand. We also use outsourced services in countries outside New Zealand from time to time in other aspects of our business. Accordingly data obtained within New Zealand may be “processed” outside New Zealand and data obtained in any other country may be processed within or outside that country.

If you have any question regarding the privacy policy, please contact us through the contact page.