Terms of service

Overview

The websites www.agloworganics.co.nz and www.aglow.co.nz are operated by Aglow. Throughout the site, the terms “we”, “us” and “our” refer to Aglow. Aglow 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 our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions including those our Privacy and Subscription policies. These Terms of Service apply to all users of the site, including without limitation users who are browsers, customers, merchants, and/ or contributors of content.
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.

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.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Online store terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your Country or state/province of residence, or that you are the age of majority in your state or province 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. A breach or violation of any of the Terms will result in an immediate termination of your Services.

General conditions

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

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.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

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 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).

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.

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.

Modification to the service and price

Prices displayed on the Website and any Affiliated Websites are in New Zealand dollars. Prices for our products are subject to change without notice and will be displayed on our website in our product pages. Unless otherwise expressly stated, all amounts specified on the Website and any Affiliated Websites are GST inclusive.

You must pay for your Subscription or any Products purchased with a debit card, credit card or any other payment method that we make available from time to time. In doing so, you acknowledge that:

1. additional bank charges may apply to certain transactions;
2. you are liable for all costs associated with any default in payment for any Product order; and
3. title to the Products will pass to you on receipt of full payment for the relevant Products.

Payments are processed by an independent third-party service provider. To allow the processing of payment and in accordance with our Privacy Policy, we provide certain personal information about you to that third-party provider.

We may securely store and use credit card or other payment account information provided by you to make withdrawals from your account in exchange for payment for any Product confirmed in a product order.

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.

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 have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

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.

Conduct of users

In accessing and using the Website or any Affiliated Website whether as a User or a Member, you acknowledge and agree that you will not do any of the following:

4. post or transmit any Content that is or is reasonably likely to be unacceptable;
5. abuse, harass, stalk, threaten, discriminate, breach the confidence of or otherwise violate the rights (such as rights of privacy and publicity) of others;
6. post or transmit Content that infringes the intellectual property rights of any person;
7. access an account, without authority, that is not your own or impersonate any other User or Member;
8. manipulate or access, without authority, any part of the Website or any Affiliated Website, or post or transmit any Content that contains any virus or other destructive component;
9. commit or encourage a criminal offence, or post or transmit any Content that is prohibited by or violates any applicable law or regulation;
10. transmit any unsolicited advertising, promotional materials or any other forms of solicitation, unless expressly authorised by us; or
11. any other conduct that otherwise breaches the Terms.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Membership clauses

Members Clauses and subscription terms apply to your use of the Website as a Member.  If you are not a Member, then the terms in the membership clauses and the subscription policy do not apply to you.

Registering:
To become a member of the Website, you must complete the online registration form, which will include creating a user login and password or my joining our mailing list. By completing the registration process and/or accessing the Website as a Member, you are stating that you are eligible for membership and that you agree to be bound by the membership specific terms set out in the membership clauses, in addition to the other terms in these Terms and the Subscription policy and Privacy Policy, without qualification.  We reserve the right to reject any application for membership.

Details:
You confirm that any information you provide to us relating to you through the membership registration process, or subsequent to registration, is current, complete and accurate at the time you provide it, is not misleading or deceptive, or likely to mislead or deceive. If your details change whilst you are a Member, you agree to update such information in a timely manner (which can be done by logging onto the Website).

User ID and password:
You must ensure that your user ID and password is kept secure and confidential and not revealed to any other person. You are entirely responsible for all activities that occur through the use of your user ID and password.  You must notify us immediately of any unauthorised use of your user ID and password or any other breach of security. Following any unauthorised use, you will cease using that password and create a new unrelated password. You indemnify us, our directors, officers and employees against all costs, expenses and damages incurred in connection with any claim arising from any reasonable reliance by us on any use of your password, including us disclosing information relating to your membership and subscription with us.

Communications:
Where, on registering as a Member or subsequently, you indicate that you wish to receive email communication from us, we may continue to communicate with you using such technology until you indicate otherwise. These communications may include information about our products and features of the Website, notices about applicable fees and charges, transactional information and other information concerning or related to the Website, Products and/or product orders.  You may opt-out of receiving: email communication at any time by using the unsubscribe link in any email.

User generated content

The Website may include User-Generated Content. We will endeavour, but have no obligation, to monitor, approve and/or moderate all User-Generated Content prior to such content being published on the Website.  We reserve the right to delete, edit or move any User-Generated Content uploaded and/or published which is, in our sole discretion, unacceptable.

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 (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

You agree that your user generated content 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 user generated content will not contain unacceptable, 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. 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.

Any views expressed in any User-Generated Content do not necessarily represent our views or values.  If you believe that any User-Generated Content is unacceptable, or if you would otherwise like to complain about it, you can contact us at hello@aglow.co.nz

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 e-mail and/or billing address/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 credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Third party links

Third-party links on this site may direct you to third-party websites that are not affiliated with us and are provided for your convenience.

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, loss 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.

Any link to a Linked Site does not constitute sponsorship, endorsement, or approval by us of the content, policies, or practices of such Linked Sites.

Personal information

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

Disclaimer of warranties and limitation of liability

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

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

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 Aglow, our directors, employees, affiliates, agents, suppliers, manufacturers. service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, 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. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless Aglow and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim arising out of your breach of these Terms of Service or the documents they 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

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).

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 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.

Governing law

These Terms of Service and any separate agreements whereby we provide you services are governed by and will be construed in accordance with the laws of New Zealand. You submit to the non-exclusive jurisdiction of the courts of New Zealand.

Changes to terms of service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right to change any part of these Terms of Service or Privacy Policy at any time by posting updates and changes to our website. and the “last updated” date will be updated. 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.

Contact information

If you have any questions or concerns in relation to the Websites, Affiliated Website or these Terms, please contact us by sending an email to hello@aglow.co.nz