Manuka Health
Manuka Health New Zealand Limited is a leading New Zealand natural health company. We manufacture and sell New Zealand bee products in a range of countries.
These Terms and Conditions (Terms) govern your use of:
the Manuka Health website at www.manukahealth.co.nz and any other websites or applications operated by us; and
our social media sites and applications such as Facebook, Twitter, Pinterest, Instagram, and TikTok.
We refer to these as "our websites".
By using our websites, you agree that you have read, understood, and are bound by these Terms.
If you do not agree to anything in these Terms, then you should stop using our websites.
You should read these Terms carefully and contact us if you have any queries about them.
Terminology
References in these Terms to “we,” “us,” or “our” are references to Manuka Health New Zealand Limited.
References to “you” or “your” are references to the person or entity using our websites.
If you are using our websites on behalf of another entity, you represent and warrant that you have permission to use our websites on the entity’s behalf and have authority to bind that entity.
Content and intellectual property
Our websites contain text, images, graphics, sound, photographs, and other materials and content relating to our business and our products (collectively, “Content”).
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.
You must not use, reproduce, transmit, distribute, or otherwise exploit any Content in any way, except that, where our websites permit and enable 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.
You agree to ensure that nothing you submit to us through our websites infringes or breaches the rights of any third party or creates any obligation for us. By submitting anything to us through our websites, including any information, graphics, or other content (collectively, “Your Content”) you hereby grant to us, our related companies, and all users of our websites an irrevocable, sub-licensable, transferable, royalty-free, worldwide, paid-up licence to use, copy, and modify Your Content in connection with our websites and our business and products and to disclose Your Content to third parties. By submitting any material to us through our websites, you represent that you have the right to transmit such material.
We are not responsible for any content or information on any third party's website that is linked to our websites. 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 such third-party website. If you would like to link your website to our websites, you must first obtain our written consent.
Restrictions on use
Our websites are only for your lawful, personal use. You may not use our websites or any Content in any way that is unlawful or that harms us, our related companies, or any other person.
You may not send or post any material on our websites, or use our websites, the Content, or any service offered via our websites, in any manner, that: is unlawful; is obscene, offensive, defamatory, derogatory, threatening, or invasive of another's privacy (including without limitation disclosing any address, email, phone number, or any other contact information without the written consent of the owner of such information); impersonates any other person or entity; 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 or enjoyment of our websites; or reduces the number of users accessing or using or able to access or use our websites.
If you register to be a member of our websites or for any service or offering on our websites, 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.
Communication Services
Our websites may contain e-mail services, bulletin board services, blogs, chat areas, news groups, forums, SMS marketing services 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 comply with these Terms.
By consenting to our SMS marketing in the checkout and intialising a purchase or subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at online@manukahealth.co.nz for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We are not responsible for your communications or the communications of other users via the Communications Services and those communications are not reviewed, screened, or approved by us. We reserve the right to: terminate or suspend your access to any or all of the Communication Services; or remove any material from the Communication Services, at any time, without notice, for any reason, and we are not obliged to state such reason. You acknowledge and agree that your communications with other users via the Communications Services are public and not private communications and that you have no expectation of privacy concerning your use of the Communications Services. Therefore, we strongly encourage you not to disclose any personal information about yourself in your public communications via the Communications Services
Privacy and purchasing products
We may collect certain personal information in order to operate our websites and conduct our business. Our collection and use of personal information is governed by our Privacy Policy. By accessing and browsing our websites, you accept the terms of our Privacy Policy.
If you intend to purchase any products via our websites, you will do so on the terms and conditions set out in our Terms and Conditions of Sale By ordering and purchasing our products via our websites, you accept and agree to be bound by the terms of our Terms and Conditions of Sale.
Our websites are not designed for the processing of sensitive or special categories of personal data or data that is subject to special regulatory schemes, such as protected health information under relevant legislation. You are responsible for risks that may arise if you enter this kind of data into a search field or take other actions that create or submit data of this type for processing by us or any Third Party Providers.
Risk and liability
We operate our websites from our location in Auckland, New Zealand. Although our websites are accessible worldwide, not all features, products, or services discussed, referenced, provided, or offered through or on our websites are available to all persons or in all geographic locations, or appropriate or available for use outside of New Zealand. We reserve the right to limit, in our sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on our websites is void where prohibited.
You understand and agree that your use of our websites is at your sole risk. Our websites are 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, or fitness for a particular purpose).
Without limiting the above, we do not warrant that our websites will be available at all times, secure or error-free, or that any Content is error-free or reliable. If you are dissatisfied with our websites, the Communication Services, or any Content, or any provision of these Terms, your sole and exclusive remedy is to discontinue using our websites.
In no event will we, or our related companies, employees, agents, directors, and other personnel (collectively, “Manuka HEALTH Affiliates”), have any liability to you (whether in contract, tort including negligence, or otherwise) in relation to your use of our websites, 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, opportunity, or production, or loss or corruption of data. For the avoidance of doubt, this includes any liability in relation to any services provided by Third Party Providers in connection with your use of our websites.
In the event of any final determination that you are entitled to damages as a result of or in connection with your use of our websites, you agree that we shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $100 in the aggregate.
You agree to at all times indemnify the Manuka Affiliates against any and all liability, claims, losses, damages, costs, or other expenses of any nature whatsoever awarded against, incurred, or suffered by any of the Manuka Affiliates arising out of or in connection with: (1) any breach by you of these Terms; (2) Your Content, (3) your use of our websites, (4) your violation of any applicable law in connection with your use or misuse of our websites, or (5) your violation of any rights of another.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages as set forth above. Accordingly, some of the above limitations may not apply to you, and in such jurisdictions, our liability is limited to the fullest extent permitted by law.
None of the exclusions or limitations set out in these Terms will have the effect of limiting or excluding any form of liability to the extent such liability cannot be so limited or excluded under applicable law.
Notice to users in California
Please notify us if you have concerns or issues. You may contact us at: online@manukahealth.co.nz. You may also contact us at:
Manuka Health New Zealand Limited
4/123 Carlton Gore Road, Newmarket
Auckland, 1023
New Zealand
Additionally, under California Civil Code Section 1789.3, users of our websites from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Please also refer to our California Residents Addendum.
Changes to these Terms
We may amend these Terms from time to time without notifying you. The current and binding Terms will be the version displayed on our websites at the time you access or use our websites.
If you do not accept any modification to these Terms, you may terminate your access and use of our websites. Your continued use of our websites after a change or update has been made to these Terms constitutes your acceptance of the changed or updated Terms.
General terms
We reserve the right, without any limitation whatsoever, to discontinue or alter our websites or terminate or suspend your access to our websites 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 our websites, by email, or by regular mail, in our sole discretion.
We may also provide notices of changes to these Terms or other matters by displaying such notices or by providing links to such notices.
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 severed from these Terms or modified to the minimum extent necessary to bring it into conformity with applicable law and the remainder of these Terms shall continue in effect.
These Terms, and any disputes arising from or relating to the conduct covered by the Terms, are governed by the laws of England, without regard to its conflict of laws principles. Any dispute or difference arising out of or in connection with these Terms, including any question about its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference to this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London, England. The language to be used in the arbitral proceedings shall be English.
You agree that regardless of any statute or law to the contrary, any claim or cause of action brought by You arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
YOU AGREE THAT YOU MAY ONLY RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS, AND YOU AGREE NOT TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION OR IN A LEGAL ACTION. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM AGAINST US OR THE MANUKA AFFILIATES AS A MEMBER OF A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION (E.G., CLASS ACTION, CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR CONSOLIDATION WITH OTHER ARBITRATIONS). YOU HEREBY WAIVE ANY RIGHT TO BRING A CLASS OR CONSOLIDATED ACTION OR PRIVATE ATTORNEY GENERAL CLAIM.