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Terms of Service.
This website is operated by Te Ara Māori. Throughout the site, tearamaori.co.nz the terms “we”, “us” and “our” refer to Te Ara Māori. Te Ara Māori offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting this site and/ or purchasing something from us whether it be here, our other online avenues, in person, or other, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers and merchants.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. These terms and conditions are effective from 20/07/2024 and will replace all earlier Te Ara Māori terms of trade and any conditions contained in any document used by you and purporting to have contractual effect.
SECTION ONE - ONLINE STORE TERMS.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your region, state or country of residence, or that you are the age of majority in your region, state or country of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
SECTION TWO - GENERAL CONDITIONS.
We reserve the right to refuse service to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. A breach or violation of any of the Terms will result in an immediate termination of your services. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION THREE - 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. 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, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site and complete your own research.
SECTION FOUR - AVAILABILITY AND SUPPLY.
As a small batch, seasonal, handmade product, all orders are subject to the availability of those products or services. If for any reason a product is not available, we will endeavor to notify both the non-availability and restock on our online shop promptly.
SECTION FIVE - PRICING.
All prices are in New Zealand Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise but are exclusive of delivery charges. All prices are correct when published. We reserve the right to alter prices at any time without notice. An invoice will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION SIX - DELIVERY AND DELIVERY CHARGES.
Prices for goods and services stated on our website are exclusive of any applicable delivery charges. We currently deliver to New Zealand and Australian street addresses. Elsewhere on request. The cost of delivery is payable by you as stated on our website and a total delivery cost will be provided in the order summary. Please send enquiry if you are outside of these countries and require a delivery quote. We will use all reasonable endeavors to ensure that orders for tangible goods will be dispatched promptly after an order has been placed. We take utmost care in the packaging of your item/s before they leave us. Once out of our hands and with the postal company, responsibilities fall on them for delivery timeframes and parcel conditions on arrival.
SECTION SEVEN – PAYMENT OPTIONS.
We accept the following credit cards: Visa, MasterCard and American Express. Direct Bank Transfer and Paypal available on request.
SECTION EIGHT - SHIPPING AND DELIVERY.
Shipping will be calculated based on order size, weight and current postal fees to your location. This will be calculated once you have entered shipping details to your order at end of purchase. If you require a quote please contact us directly prior to purchase. Standard orders will be shipped within 2 business days of payment clearing. Custom or bulk orders may vary. We ship throughout the business week unless otherwise stated. You will be sent your tracking number to follow up on your items movement and any expected delays. This is your responsibility. Shipping times vary based on location and weather events and are out of our control.
SECTION NINE – PRODUCTS OR SERVICES.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. 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. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 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 the Service will be corrected.
SECTION TEN - RETURNS.
Due to health & safety, we cannot accept any returns on balms and skincare. Change of mind refunds will not be given, so please choose carefully before purchasing. If you believe you have been sent the wrong item, please contact us, and we will remedy the issue as soon as possible. If your item arrives damaged, please email us as soon as possible with photos, so that we can lodge a claim with the courier company if you request. Again, please be aware that once the parcel is out of our hands it is the responsibility of the courier service to deliver in good condition.
SECTION ELEVEN - COLOUR DISCLAIMER.
We have made every effort to display as accurately as possible the colours and images of our products that appear. However, as all computer monitors and mobile devices such as phones and tablets reproduce colours differently. Because of this, Te Ara Māori cannot guarantee that what you see on your monitor will match your received item exactly.
SECTION TWELVE - THIRD-PARTY LINKS.
Certain content, products and services available via our Service may include materials 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 websites, 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-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION THIRTEEN - USER 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, feedback, images, 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 (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, defamatory, 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 libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, 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.
SECTION FOURTEEN - ERRORS, INACCURACIES AND OMISSIONS.
Occasionally there may be information on our site or in the Service 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION FIFTEEN - PROHIBITED USES.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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 the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, 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.
SECTION SIXTEEN - LIABILITY LIMITATION.
Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade. We will always endeavor to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website. To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993. 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.
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, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
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. Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.
SECTION SEVENTEEN - HEALTH AND SAFETY INFORMATION.
No information or product on the Te Ara Māori website, Facebook page, or given in person, or otherwise is intended to diagnose, prevent, or cure any disease, condition, or illness.
Any directions for use, whether it be on the website, in person, or by other means is strictly only to be used for general information, rather than as a guide to be followed. Although all our products are tested to strict standards, we believe in them, and use all products on our own family, we take no liability for any accidents & injuries that may arise out of use of our products. As with any new cosmetic products, we recommend you patch test on a small area of your skin before continued use.
Information or products on this website are not a substitute for medical advice from a healthcare professional. Do not disregard medical advice from your healthcare professional, or postpone visiting your healthcare professional because of information you have read or products you have purchased from Te Ara Māori.
Always read the labels, check ingredients, and use all products only as directed. Consult a healthcare professional if symptoms persist.
Te Ara Māori cannot be held liable for any injuries or illnesses that may arise from using our products. Including, but not limited to; burns, bug bites, allergic reactions.
Please use a clean hand to scoop products out of our pots. Once opened, Te Ara Māori cannot be held liable for products.
Reviews reflect individual experiences and may not be usual. Individual results may vary. Do not rely solely on information from reviews.
SECTION EIGHTEEN - APPLICABLE LAW AND JURISDICTION.
Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside. Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services. Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis). You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.
SECTION NINETEEN – PRIVACY POLICY AND CONFIDENTIALITY.
We will never use your information for any reason, other than to process & ship your order or to send out communication emails. Credit card orders are processed via third party. We do not receive or retain any of your credit card information.
By supplying Te Ara Māori with your email address, you are agreeing to receive email correspondence, and be subscribed to our emails, unless you have otherwise specified. Email subscriptions may be cancelled at any time. Opting out of receiving these messages will not prevent the sending of messages that specifically relate to your order(s). You will need to permit us to place data files ("cookies") on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our Website, some functionality of those Website may not be available to you. We may disclose your personal information as required by law. Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.
You can request details of your personal information that we hold, and ask us to correct it, at any time. In no case shall Te Ara Māori, our directors, officers, employees, affiliates, agents, contractors, 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 service 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. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION TWENTY - INDEMNIFICATION.
You agree to indemnify, defend and hold harmless Te Ara Māori and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, 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.
SECTION TWENTY ONE - 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.
SECTION TWENTY TWO - TERMINATION.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 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. 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 Services (or any part thereof).
SECTION TWENTY THREE - 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 any policies or operating rules posted by us on this site or in respect to The Service 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. General Conditions. You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.
CONTACT INFORMATION.
Questions about these Terms of Service can be sent to us at kiaoratearamaori@gmail.com
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