Terms & Conditions

Thank you for visiting the www.naturedaydairy.com website (the "Site"). You may be accessing our Site from a computer or a mobile device. These terms govern your use of our Site and your conduct, regardless of the means of access.

Site Terms and Conditions

These terms and conditions apply to the use of this Site. In using this Site for these or any other purposes, you agree to be bound by these terms and conditions. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this Site. Your usage of the Site indicates your acceptance of these terms and conditions. Your placement of an order also indicates your acceptance of these terms and conditions. If you do not agree with the terms of this Site or its changes or modifications, you must immediately cease using the Site.

Terminology

In these terms and conditions, the expressions we, us and our, are a reference to Natureday New Zealand Limited.

Amendments to Terms and Conditions

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this Site. Your continued use of the Site following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

Disclaimer

This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Site or any linked website (Linked Website), nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Site.

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

You expressly agree that use of the Site is at your sole risk. In no event will we, our directors, officers, employees and representatives, third-party content providers or the like warrant that the Site will be uninterrupted or error-free. In addition, we do not make any warranty as to the results that may be obtained from the use of the Site, or use of the information, content, service, goods or products provided through the Site.

Further, we explicitly disclaim any responsibility for the accuracy, content, or availability of information found on websites that link to or from the Site from third parties. We cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party websites, and you hereby irrevocably waive any claim against us with respect to such websites.

Under no circumstances shall we or any other party involved in creating, producing, or distributing the Site be liable for any direct, indirect, incidental, special, or consequential damages for loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (i) the use of or inability to use the Site, (ii) the cost of procurement of substitute goods and services resulting from any data, information or services purchased or obtained or messages received or transactions entered into through or from the Site; (iii) statements or conduct of any third party on the Site; (iv) negligent or wilful acts of us, our directors, officers, employees and representatives or (v) any other matter relating to the Site.

You agree to indemnify and hold us, and our directors, officers, employees and representatives harmless from any claim or demand, including reasonable legal fees, made by you or any third party due to or arising out of the content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of these terms, or your violation of any rights of another.

Specific Warnings

You must ensure that your access to this Site is not illegal or prohibited by laws which apply to you.

You must take your own precautions to ensure that the process which you employ for accessing this Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Site or any Linked Website. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.

Details contained on this Site relating to goods have been prepared in accordance with New Zealand law and may not satisfy the laws of any other country. We do not warrant that the details on this Site concerning those goods will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction which you reside (if that jurisdiction is outside New Zealand).

You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this Site. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.

We may elect to electronically monitor areas of the Site and may disclose any content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, our directors, employees, representatives, sponsors, third party providers or licensors. We are not responsible for screening, policing, editing, or monitoring such content.

Copyright in this Site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us and/or our related bodies corporate. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1994 and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Site; or
commercialise any information, products, goods or services obtained from any part of this Site, without our written permission.

Trade Marks

This Site includes registered trade marks owned by us (or our licensors) and trade marks that are the subject of applications for registration by us (or our licensors) including, but not limited to “Natureday” and “Nature Day”.

You must not use any of our trade marks including but not limited to “Natureday” or “Nature Day”:

in or as the whole or part of your own trade marks or business name or company name;
in connection with activities, products, goods or services which are not ours;
in a manner which may be confusing, misleading or deceptive; or
in a manner that disparages us or our information, products, goods or services (including this Site).

You must not authorise or assist any person to do any of the acts specified above.

Restricted Use

Unless we agree otherwise in writing, you are provided with access to this Site only for your personal use. You are authorised to print a copy of any information contained on this Site for your personal use unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission onsell information obtained from this Site.

Linked Websites

This Site may contain links to other websites, being Linked Websites. Those links are provided for convenience only and may not remain current or be maintained.

We are not responsible for the content or privacy practices associated with Linked Websites.

Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.

We undertake to comply with the terms of our privacy policy (“Privacy Policy”). The terms of our Privacy Policy are available to view here and should be read in conjunction with these terms. By using the Site or accessing the Site, you have also agreed to our Privacy Policy.

How we handle emails

We will preserve the content of any email you send us if we believe we have the legal requirement to do so. Your email message content may be monitored by us for troubleshooting or maintenance purposes or if any form of email abuse is suspected.

Security of Information

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

Termination of Access

Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your registration and all related information and files under your registration and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site. Our disclaimer will nevertheless survive any such termination.

Governing Law

These terms and conditions are governed by the laws in force in New Zealand. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

General

We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.

If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of these terms are held to be invalid, unenforceable, or illegal for any reason, the remaining terms shall nevertheless continue in full force.