Terms of Use

Last updated: 9/10/2021

By viewing and using the Taranaki Kiwi Trust website you are considered to agree to these terms and conditions without qualification. If you do not agree to be bound by these terms and conditions, you must stop accessing and using our website. We reserve the right to change these terms and conditions at any time by notifying users of the existence of the amended terms and conditions through our website. By continuing to access our website, you agree to be bound by the amended terms and conditions.

1. Privacy policy and personal information

Some services on our website may require you to provide personal information. We maintain a privacy policy. You consent to the release of your personal information to us and third parties in connection with the uses contemplated by the privacy policy. If you have questions or comments about our privacy policy, please contact us at: [email protected].

2. Users outside New Zealand

Our website is operated by Taranaki Kiwi Trust from New Zealand. The information on our website may not be appropriate or available for use in other jurisdictions. If you choose to access our website from a jurisdiction other than New Zealand, you do so on your own initiative and you are responsible for compliance with any applicable laws of that jurisdiction.

3. Copyright and trade marks

We or our suppliers own copyright in the contents of our website including all images. No part of our website may be distributed or copied for any commercial purpose and you are not permitted to incorporate the material or any part of it in any other work or publication (whether in hard copy, electronic or any other form) without our prior written consent. You may not frame any part of our website material by including advertising or other revenue generating material. Further, you may not remove or alter any trade marks or logos that appear on any material on our website.

4. Linking

The contents of our website may include links to third party materials. We will not be responsible for the content of any linked sites or liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties. The linked sites are provided to you only as a convenience, and the inclusion of any linked site does not imply any endorsement of it by us or any association with its operators. We reserve the right to prohibit links to our website and you agree to remove or cease any link on our request.

5. Advertising

Any dealings with any advertiser appearing on our website are solely between you and the advertiser or other third party. We are not responsible or liable for any part of any dealings or promotions.

6. Exclusion of liability

To the fullest extent permitted by law, we exclude all liability for any loss or damage that results from your use of our website and any services we provide, including from all express and implied warranties and representations. We will not be responsible for errors or misstatements or be liable, whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including indirect, consequential or special loss or damage, or loss of profits, loss of data, loss of anticipated savings or loss of opportunity). 

7. Indemnity

You will take all necessary action to defend and indemnify us and our trustee board, contractors, employees and agents against all costs, expenses and damages incurred in connection with any claim brought by a third party against us that arise from a breach by you of any of these terms and conditions.

8. Information and material

The content on this site is provided for general information only. You should obtain profession or specialist advice before taking or refraining from any action on the basis of any information on this site.

We reserve the right at any time to modify or discontinue any of the content without notice at any time and shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the website.

9. Online Shopping

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Use, violate any laws in your jurisdiction (including but not limited to copyright laws). A breach or violation of any of the Terms will result in an immediate termination of your service.

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.

Prices for our products are subject to change without notice.

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.

All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time.

We reserve the right to limit the quantities of any products or services that we offer.

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

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 on our website.

For returns please see our Returns Policy.

10. Cookies

Cookies are small text files which are sent to your web browser when you visit a website act as a memory allowing that website to remember your browser on your return visits. Cookies automatically collect and store the following information about your visit to our website.

The internet domain and IP address from where you access the website.

The type of browser software and configuration and operating system used to access the website.

The date and time you access the website.

If you accessed the website from another website, the address of that website.

The pages you enter, visit and exit the website from, content viewed and duration of visits.

We use the following cookies to perform different functions.

Strictly necessary cookies to allow you secure access to certain areas of our website If your browser is configured to reject all cookies you may be unable to log on to certain areas of the website.

Analytical/performance cookies allow us to recognise and count the number of visitors and to see how visitors interact with our website.

Functionality cookies allow our website to remember choices you have made previously in order to improve your online experience.

Advertising / targeting cookies collect information about your browsing habits, which assists in the delivery of more relevant advertising.

Please note that some cookies on the website are managed by third parties, including, for example, advertising networks, features such as videos, maps and social media, and providers of external websites like web traffic analysis services.

Should you choose to disable or block our cookies you can do this through your browser. Most browsers allow you to manage your cookie preferences from the browser settings.

Our Privacy Policy detail the information we collect and how we use that information.

11. Entire agreement

These terms and conditions in conjunction with our privacy policy form the entire agreement between us and you relating to our website.

12. General provisions

If at any time we do not enforce any of these terms or conditions, or grant you time or any other indulgence, we will not be construed as having waived that term or condition or our rights to later enforce that, or any other, term or condition.

Further, if any part or provision of these terms and conditions is considered to be invalid, unenforceable or in conflict with the law, that part or provision is deemed to be modified by a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remaining terms and conditions will continue to be binding on the parties.

These terms and conditions are governed by and will be construed in accordance with the laws of New Zealand and you submit to the exclusive jurisdiction of the Courts of New Zealand.