Manuka Health New Zealand Limited (we, us or our) is a leading New Zealand natural health company. We manufacture and sell New Zealand bee products in a range of countries.

These Website Terms of Use (Terms) govern your use of:

a)     the Manuka Health website at https://au.manukahealth.com and any other websites or applications operated by us; and

b)    our social media sites and applications such as Facebook, Twitter, Pinterest, Instagram, and TikTok.

(together referred to as "our Websites").

By accessing and/or using our Websites and related services, you agree to these Terms, which include our Privacy Policy (available at Privacy Policy | Mānuka Health – AU).

You should review these Terms carefully and immediately cease using our Websites if you do not agree to these Terms.

We reserve the right, without any limitation whatsoever, to discontinue or alter our Websites or terminate or suspend your access to our Websites at any time, without notice, for any reason. Notices to you may be made via posting to our Websites, by email, or by regular mail, in our sole discretion.

 

Terminology

 

“you” and “your” means any visitor to the Website, any user of the Website, or any purchaser of Products from the Website or shop.

“we, us or our” means Manuka Health New Zealand Limited.

 

Accuracy of content

 

We have taken care and precautions to ensure that the information we provide on the Websites is accurate.  However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on the Websites or on any linked site.

 

Content and intellectual property

 

Our Websites contain text, images, graphics, trademarks (whether registered or unregistered) sound, photographs and other materials and content relating to our business and our products (collectively, Content).

All rights, title and interest in the Content, and all intellectual property rights in the Content, are held by us or by our licensors and, except as specified in these Terms, you have no rights in or to the Content.

You must not use, reproduce, transmit, distribute or otherwise exploit any Content in any way, except with our express written consent.

You agree to ensure that nothing you submit to us through our Websites infringes or breaches the rights of any third party or creates any obligation for us. By submitting anything to us through our Websites, including any Content, (Your Content) you hereby grant to us, our related companies and all users of our Websites an irrevocable, transferable, worldwide, royalty free licence, to use, copy and modify Your Content in connection with our Websites and our business and products and to disclose Your Content to third parties.

We are not responsible or liable to you in any way for any content or information on any third party's website that is linked to our Websites. We include such links for your convenience, and you should not consider a link to be an endorsement by us of any business, product, service or information on that website. If you would like to link your website to our Websites, you must first obtain our written consent.

We cannot guarantee that any file or program available for download and/or execution from or via the Websites is free from viruses or other conditions, which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on the Websites, and you release us entirely of all responsibility for any consequences of its use.

 

Restrictions on use

 

Our websites are only for your legal, personal use. You may not use our Websites or any Content in any way that is unlawful, or harms us, our related companies or any other person.

You may not send or post any material on our Websites, or use our Websites, the Content or any service offered via our Websites in any manner, that:

a)     is unlawful, obscene, offensive, defamatory, derogatory or unwanted;

b)     could damage, disable, overburden, or impair any or our servers or the network(s) connected to our servers; or

c)     could interfere with any other party's use and enjoyment of our Websites or reduces the number of users accessing or using or able to access or use our Websites.

If you register to be a member of our Websites or for any service or offering on our Websites, additional information and services may be made available to you. We may decline to register you, or cancel your registration, for any reason at any time without notice.

 

Communication Services

 

Our Websites may contain e-mail services, bulletin board services, blogs, chat areas, news groups, forums and/or other message or communication facilities designed to enable you to communicate with others (collectively, Communication Services). You agree to use the Communication Services only to post, send, and receive messages and material that complies with these Terms.

We are not responsible for the communications of users via the Communication Services and those communications are not reviewed, screened or approved by us.

We reserve the right to: terminate or suspend your access to any or all of the Communication Services or remove any material from the Communication Services, at any time, without notice, for any reason and we are not obliged to state such reason.

You acknowledge and agree that your communications with other users via the Communications Services are public and not private communications and that you have no expectation of privacy concerning your use of the Communications Services. We strongly encourage you not to disclose any personal information about yourself in your public communications via the Communications Services.

 

Collection Statement  

 

We collect personal information about you in order to facilitate the buying and selling process and for purposes otherwise set out in our Privacy Policy.

Our Privacy Policy explains:

a)    how we store and use, and how you may access and correct your personal information;

b)    how you can lodge a complaint regarding the handling of your personal information; and

c)     how we will handle any complaint.

If you would like any further information about our privacy policies or practices, please contact us at Manuka Health Privacy Officer (privacyofficer@manukahealth.co.nz). By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

 

Risk and liability

 

You understand and agree that your use of our Websites is at your sole risk. Our Websites are provided by us on an “as is” and “as available” basis. We disclaim and exclude any implied conditions or warranties (including, without limitation, any warranties of merchantability, quality and fitness for a particular purpose).

Without limiting the above, we do not warrant that our Websites will be available at all times, secure or error-free, or that any Content is error-free or reliable.

In no event will we, or our related companies, employees, agents, directors and other personnel (Manuka Affiliates), have any liability to you (whether in contract, tort including negligence, or otherwise) in relation to your use of our Websites, whether or not such liability is direct, indirect, consequential or of a special nature, including without limitation, any liability for loss of revenue, profit, anticipated savings, goodwill or opportunity, production or loss or corruption of data. For the avoidance of doubt, this includes any liability in relation to any services provided by third party providers in connection with your use of our Websites.

You indemnify and keep indemnified the Manuka Affiliates against any and all liability, claims, losses, damages, costs or other expenses of any nature whatsoever incurred or suffered by any of the Manuka Affiliates arising out of or in connection with your use of the Websites and any breach by you of these Terms.

None of the exclusions or limitations set out in these Terms will have the effect of limiting or excluding any form of liability to the extent such liability cannot be so limited or excluded under applicable law.

 

Changes to these Terms

 

We may amend these Terms from time to time without notifying you. The current and binding Terms will be the version displayed on our Websites at the time you access or use our Websites.

If you do not accept any modification to these Terms, you may terminate your access and use of our Websites. Your continued use of our Websites after a change or update has been made to these Terms constitutes your acceptance of the changed or updated Terms.

 

General

 

If any provision of these Terms is illegal or unenforceable in any relevant jurisdiction, it must be enforced to the maximum extent possible, and if unenforceable may be severed for the purposes of that jurisdiction, without affecting its enforceability in any other jurisdiction or the enforceability of any other part of these Terms. 

These Terms are governed by and construed in accordance with the laws of the State of Queensland and the Commonwealth of Australia and the parties submit to the jurisdiction of the courts of that State and the Commonwealth of Australia.

A right under these Terms may only be waived in writing signed by the party granting the waiver, and is effective only to the extent specifically set out in the waiver.