Terms of service

Overview

This site is operated by Honest Wholefood Co. (“we”, “us”, “our”). Please read these Terms of Service carefully before using our site.

We offer this site, including all information, tools and services, to you our customer ("customer", "user", "you", "your") conditional upon your acceptance of these Terms of Service and associated Policies (“terms of service”, “terms”, "policies"). These Terms of Service apply to all users of this site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. By visiting our site, you agree to be bound by these Terms of Service.

If you do not agree to these Terms of Service, then you may not access this site or use any of the information, tools or services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features which are added to this site shall also be subject to these Terms of Service.

We reserve the right to update, change or replace any part of these Terms of Service. It is your responsibility to check these Terms of Service for changes. Your continued use of or access to this site following the posting of any changes constitutes acceptance of those changes.

The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these terms.

Any questions or queries about these Terms of Service can be made to us through email at info@honestwholefoodco.co.nz.

General Conditions

You confirm that you are at least 16 years of age if in New Zealand or that you are at least the age of majority in your jurisdiction.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of this website, violate any laws in New Zealand or in your jurisdiction (including but not limited to copyright laws).

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of this site, without express written permission from us.

Your submission of personal information is governed by our Privacy Policy.

We reserve the right to refuse service to anyone for any reason at any time.

Online Store

Our site and e-commerce platform is hosted by Shopify. You acknowledge we are bound by their terms of service.

You understand that your content (not including credit/ debit card information), may be transferred unencrypted and involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices. Credit/ debit card information will always be encrypted during transfers over networks.

Products and Services

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

Certain products or services may be available for a limited time or in limited quantities. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.

All descriptions of products or services, including pricing, are subject to change at any time without notice, at our sole discretion. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance.

We have made every effort to display as accurately as possible the colours and images of our products that appear on the site. We cannot guarantee that your display of any colours or images will be accurate.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in our service will be corrected.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

Allergen Declarations

All our products and services have mandatory allergen declarations in line with Food Standards Australia New Zealand (FSANZ) guidelines.

Our products are stored and repackaged in a warehouse with known allergens, including but not limited to wheat, gluten, egg, sesame, soy, and nuts. We make every effort to prevent any cross-contamination, such as separate storage and handling, and regular cleaning, but cannot guarantee zero allergen contamination in all products. You accept there may be a risk of allergen contamination in any of our products or services.

You must make us aware of any allergen requirements when placing your order.

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/ or orders that use the same billing and/ or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email, billing or shipping address, and/ or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and payment information, so that we can complete your transactions and contact you as needed.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

Occasionally there may be information on our site or in our products or services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time.

We have no obligation to update, amend or clarify any information on our site, including without limitation, pricing information, except as required by law. You agree that it is your responsibility to monitor changes to our site.

Third-Parties

Certain content, products and services available via our site may include materials or tools from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or sites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-parties.

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of third-party links, materials, tools or services through this site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which they are provided by the relevant third-party provider(s).

Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

We are and shall be under no obligation to maintain any comments in confidence; to pay compensation for any comments; or to respond to any comments.

We may, but have no obligation to, monitor, edit or remove comments or content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material. You may not pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Prohibited Uses

In addition to any other prohibitions in these Terms of Service, you are prohibited from using the site or its content for any unlawful purpose; to solicit others to perform or participate in any unlawful acts; to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; to infringe upon or violate our intellectual property rights or the intellectual property rights of others; to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; to submit false or misleading information; to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this site, other websites, or the Internet; to collect or track the personal information of others; to spam, phish, pharm, pretext, spider, crawl, or scrape; for any obscene or immoral purpose; or to interfere with or circumvent the security features of the site, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Limitation of Liability

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Honest Wholefood Co., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in these jurisdictions our liability shall be limited to the minimum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless Honest Wholefood Co., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

The obligations and liabilities of all parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service (or any part thereof).

Governing Law

These Terms of Service and any separate agreements whereby we provide you products or services shall be governed by and construed in accordance with the laws of New Zealand.

Associated Policies

The following associated policies shall be considered as part of these Terms of Service.

Shipping Policy
https://www.honestwholefoodco.co.nz/policies/shipping-policy

Refund Policy
https://www.honestwholefoodco.co.nz/policies/refund-policy

Privacy Policy
https://www.honestwholefoodco.co.nz/policies/privacy-policy

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and associated Policies constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.