In these Terms:
Confidential Information means all information exchanged between you and Wondermins but does not include information that is publicly available other than through unauthorised disclosure;
Customised Products means vitamins and health supplements ordered by you through the Website and supplied to you on these Terms
Data means any data input by you into the Website;
Fees means all amounts, expressed in New Zealand currency, payable by you for Customised Products, including delivery charges and applicable taxes;
IP Rights means patents, trade and service marks, copyright, moral rights, design rights, know-how and all other forms of intellectual property;
Service means the provision by Wondermins of Customised Products and information through the Website;
Subscription means your periodic ordering of, and paying for Customised Products through the Service;
Website means the Internet site at wondermins.co.nz (or other site operated by Wondermins);
Wondermins means Wondermins Limited and includes its current and future subsidiaries;
You means the subscriber who subscribes to the Service and your has a corresponding meaning.
3. Use of Website and Service
Wondermins grants you the non-exclusive, non-transferable right to use the Website and the Service on these Terms.
4. No Medical or other Advice
- 4.1 Wondermins does not offer any form of medical advice, treatment or diagnosis through the Website or the Service. The Website and Services are for your information only and are not intended to substitute the need for professional assistance or treatment. Your use of the Website and the Services is therefore entirely at your own risk.
- 4.2 Information posted on the Website should not be used for diagnosing or treating a health issue. You should instead seek the advice from a qualified health provider. This includes decisions regarding the use of any medication or homeopathic, nutritional or herbal or supplements.
- 4.3 You must only use the Service and Website for your own personal purposes and you are responsible for determining that the Service meets your needs and is suitable for your purposes.
5. Access to the Service
- 5.1 Wondermins is not liable for any misuse of your login or password. You are responsible for the risk of all transactions performed through your account.
- 5.2 You must ensure that your username and password required to access the Service are kept secure and confidential. You must immediately notify Wondermins of any unauthorised use of your passwords or other breach of security; Wondermins will reset your password and you must take all other actions necessary to maintain the security of Wondermins’ computing systems and networks and your access to the Service.
- 5.3 When accessing and using the Service, you must not:
- (a) undermine the security of Wondermins’ systems or networks or, where the Service is hosted by a third party, that party’s computing systems and networks;
(b) impair the functionality of the Service or the Website, or other systems used to deliver the Service or impair any other person’s use of the Service or Website;
(c) gain unauthorised access to any materials other than those to which you have been given express permission to access or to the system on which the Service is hosted;
(d) transmit, or input into the Website, any files that may damage any other person’s computing devices or software, content that may be offensive, or material or Data in breach of any law; or
(e) modify, copy, adapt, disassemble, decompile or reverse engineer any computer programs used to deliver the Service or to operate the Website.
6. Fees, payments, and automatic renewals
- 6.1 By ordering Customised Products, you will be responsible for paying all Fees notified to you when you order your Customised Products. Wondermins may use a third party payment vendor to process your payment of Fees. You warrant that you are the valid owner or an authorised user of the credit card or other payment card to that third party payment vendor, and that all information you provide is accurate.
- 6.2 Your Subscription will automatically renew until you cancel it. You may cancel at any time by notifying Wondermins in writing no later than three days before your next box of Customised Products is due to be delivered, and cancellation will take effect for the following month. If you do not cancel, your next box of the Customised Products will be delivered by courier or postal service and the applicable Fees will be charged to your credit card.
- 6.3 Your right to use the Service and order Customised Products is conditional on Wondermins’ receipt of payment of Fees. If payment cannot be charged to your credit card or if a charge is refunded for any reason, Wondermins may suspend or terminate your Subscription.
- 6.4 Wondermins may change the Fees and charge new or additional Fees at any time on publishing the changes or new Fees on the Website.
- 6.5 Any Fees not paid when due will be subject to interest at 1.5% per month. If any Fee cannot be charged to your credit card for any reason, Wondermins may notify you of the non-payment and a link for you to update your payment information. If the non-payment is not remedied within seven days after receiving notice of non-payment, Wondermins may terminate your Subscription.
- 6.6 You may upgrade, downgrade, or cancel your Subscription through the Website. No refunds are available on cancellation. Wondermins‘ sole responsibility for improper cancellation is limited to reinstating your Subscription.
- 6.7 You may suspend or postpone the delivery of your Customised Products by following the instructions on the Website. However, you will not be able to suspend or postpone if Wondermins has already started preparing your next box of Customised Products.
- 7.1 Unless you or Wondermins has the prior written consent of the other or unless required to do so by law:
- (a) each of you and Wondermins will preserve the confidentiality of the other’s Confidential Information;
(b) neither you nor Wondermins will, without the other’s prior written consent, disclose any Confidential Information to any other person, or use it for its own benefit, except as permitted by these Terms.
(c) each party’s obligations under this clause will survive termination of your use of the Service.
- 7.2 Clauses 7.1(a) and (b) do not apply to any information that:
- (a) becomes public knowledge other than by a breach of this clause;
(b) is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
(c) is in the receiving party’s possession without restriction in relation to disclosure before the date of receipt from the disclosing party; or
(d) is independently developed without access to the Confidential Information.
9. Intellectual Property, Data and Content
- 9.1 All IP Rights in all software and content made available to you through the Website remain the property of Wondermins.
- 9.2 You may store, print and display the content supplied solely for your own personal use. You may not publish, manipulate, distribute or otherwise reproduce any of the content on the Website.
- 9.3 You may not use the Wesbite or any content in connection with any business or commercial enterprise.
- 9.4 You may not modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on any software or documentation supplied by Wondermins.
- 9.5 Wondermins will use all reasonable commercial efforts to prevent Data loss, but does not guarantee that there will be no loss of Data. Wondermins excludes lall iability for any loss of Data no matter how caused.
10. Technical Problems
You must make all reasonable efforts to investigate and diagnose technical problems before contacting Wondermins. If you still need technical help, please check the support provided online by Wondermins on the Website or failing that, email Wondermins at email@example.com.
11. Service Availability
- 11.1 Although the Service is intended to be available 24 hours a day, seven days a week, the Service or Website may occasionally be unavailable to permit maintenance or other development activity.
- 11.2 The use of the Service will not necessarily be uninterrupted or error free. Among other things, the availability of systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and Wondermins is not responsible for any interference or prevention of your use of the Service.
- 11.3 If Wondermins needs to interrupt the Service for longer periods than Wondermins would normally expect, Wondermins will use reasonable efforts to publish on the Website in advance details of the interruption.
12. Limitation of Liability
- 12.1 The Service is provided on an “as is” basis and Wondermins gives no warranties about the Service and all implied conditions or warranties are excluded to the extent permitted by law.
- 12.2 To the maximum extent permitted by law, Wondermins excludes all liability to you (or any other person) for any loss or damage resulting from any use of, or reliance on, the Service or Website.
- 12.3 If you suffer loss or damage as a result of Wondermins’s breach of these Terms, any claim by you against Wondermins will be limited in respect of any one incident, or series of connected incidents, to the Fees (paid by you in the previous six months.
- 12.4 If you are not satisfied with the Service, your sole remedy is to terminate your use of the Service.
- 13.1 If you choose not to continue using the Service, you may delete your account by contacting Wondermins at info@Wondermins.co.nz.
- 13.2 Wondermins may suspend or terminate your use of the Service and the Website and your access to any Data, if you become insolvent or breach any of these Terms and do not remedy the breach within 14 days after receiving notice of the breach.
14. Miscellaneous provisions
- 14.2 If Wondermins waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
- 14.3 Wondermins will not be liable for any delay or failure in performing its obligations under these Terms, if it is caused by anything outside Wondermins’ control.
- 14.4 You may not assign any rights under these Terms to any other person without Wondermins’ prior written consent.
- 14.5 Any notice given under these Terms must be in writing by email and will be deemed to have been given on transmission. Notices to Wondermins must be sent to firstname.lastname@example.org or to any other email address notified to you by Wondermins. Notices to you will be sent to the email address you provided when setting up your Subscription.
- 14.6 These Terms are governed by New Zealand law and subject to the exclusive jurisdiction of the New Zealand courts.
- 14.7 Wondermins may revise these Terms by updating the Website and may change the content, links or functionality of the Website or the Service at any time. Your continued use of the Service will constitute your acceptance of the revised Terms.