Terms and Conditions
Terms and Conditions
Website
This Website is provided and operated by Better Eggs Limited (“we”, “us”, “our”). These website terms and conditions (“Terms”) govern your access to, and use of, the website located at www.bettereggs.co.nz (“Website”) and any related websites operated by us. By accessing or using the Website, each user (“you”, “your”) agrees to be bound by, and to comply with, these Terms and all applicable laws. You authorise us (under the terms of the Privacy Policy located at www.bettereggs.co.nz/privacy-policy), to collect, use, store and share any personal information about you for the purpose of providing our products or services and/or enforcing any rights under these Terms.
Content and Intellectual Property
The Website contains text, images, graphics, sound, photographs and other materials and content relating to our business and our products (collectively, “Content”). The Content, and all intellectual property rights in and to the Content, are owned by us or by our licensors. Except as specified in these Terms, you do not obtain any rights to the Content or to any intellectual property rights that subsist in the Content. We grant you the right to access the Website. This granted right is non-exclusive, non-transferable and subject to these Terms.
Restrictions on Use
The Website is only for your legal personal use. You may not use the Website or any Content for any commercial purposes or in any way that is unlawful, or harms us, our related companies or any other person. You may not:
- archive, copy, reproduce, distribute, modify, display, publish, licence, create adaptations or derivative works from, offer for sale or use (except as expressly authorised under these Terms) any of the Website content;
- circumvent, remove, alter, disable, deactivate or otherwise interfere with any security related features of the Website;
- use any automated tools or mechanisms including any robot, spider or scraper to access the Website or insert any code or manipulate the Website;
- reverse engineer, disassemble or decompile any software or software processes in relation to the Website;
- send or post any material to or on the Website, or use the Website, the Content or any service offered via the Website in any manner, that is unlawful, obscene, offensive, defamatory, derogatory or unwanted;
- take any action that could damage, disable, overburden, or impair any of our servers or the network(s) connected to any our server;
- interfere with any other party's use and enjoyment of the Website; or
- reduce the number of users accessing or using or able to access or use the Website.
If you sign-up to an account with us, you agree that you will keep your account access secure, not allow any other person or entity to access and/or use your personal account, nor disclose your password or access details to them.
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 Communications 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 may unsubscribe from the electronic messaging services at any time by emailing us at [email protected].
Privacy
We may collect certain personal information to operate the Website and conduct our business. We respect the privacy of users and comply with our obligations under the Privacy Act 2020. We have adopted reasonable security measures to protect against the loss, misuse, and alteration of the personal information under our control. Our collection and use of personal information is governed by our Privacy Policy www.bettereggs.co.nz/privacy-policy. By accessing and browsing this Website, you accept the terms of our Privacy Policy.
Supply of Products
From time to time, we may make some or all of our products available for sale via the Website. Information about our products advertised for sale is an invitation to treat and not an offer to sell. You offer to purchase those products by placing an order and we reserve the right to accept or reject your order. Certain products may not be available, or available within certain timeframes, depending on demand or other external factors.
Upon our acceptance of an order, a binding contract is formed to purchase those ordered products on these Terms and any other applicable terms described below or on our Website. All prices for products are in New Zealand dollars unless stated otherwise and are inclusive of GST and other sales taxes but exclusive of shipping and delivery costs which are charged in addition. We reserve the right to correct any pricing errors at any time.
Linked Sites
Our Website may contain links to other websites of which we do not have control, may not be secure and are not governed by these Terms or our policies. Any link to other websites is not an endorsement of those websites by us and we are not responsible for the content, accuracy, security and/or availability on those websites.
Payment and Delivery
All products must be paid for in full prior to delivery, without set off or deduction. The products will be shipped or delivered to you in accordance with the applicable Shipping & Delivery Info which forms part of our agreement with you.
Cancellation
We may cancel all or some of your order at any time prior to delivery by giving written notice to you. We will repay to you the price paid for the products in respect of which the cancellation relates. To the fullest extent permitted by law, we will not be liable for any loss or damage whatsoever arising from such cancellation.
Damages and Refunds
Risk in the products will pass from us to you when the products are given to a carrier, courier, or other bailee for purposes of transmission to you.
If you receive any products that are damaged, you must notify us on the same day of the delivery. Notification to us shall include details of the damage, including but not limited to photographic evidence of the product damage, proof of purchase, and any further information as reasonably requested by us. Consumed or already disposed of items will not be considered in respect of a damage claim and will not be eligible for a refund.
You acknowledge that eggs or egg products by their nature may be damaged or degraded if they are exposed to high temperatures or handled poorly. To the maximum extent permitted by law:
a) We will not be liable to you in relation to products that are damaged or degraded due to being exposed to high temperatures or poor handling; and
b) To the extent we may be liable, our total aggregate liability to you in relation to the products to which the liability relates is limited to the resupply of the products, or the refund of the price of those products, at our election.
Force Majeure Event
We will not be liable to you for any failure to deliver any ordered products, or any other failure to comply with our obligations under these Terms, if the failure is caused by any event or circumstance beyond our reasonable control that includes, but is not limited to, any event or circumstance occasioned by, or in consequence of, any act of God, hurricanes, floods, storms, unusually severe rain, wind, snow, temperature, strikes, lockouts, other industrial disturbances, wars, terrorism, blockades, insurrections, riots, epidemics, pandemics or other infectious diseases, shortage of labour or civil disturbances, the order, direction, or requirement of any court, government, or local authority (“Force Majeure Event”).
Warranties and Limitation of Liability
You understand and agree that your use of the Website is at your sole risk. The Website is provided by us on an “as is” and “as available” basis. We disclaim and exclude any implied conditions or warranties (including, to the fullest extent permitted by law and without limitation, any warranties of merchantability, quality and fitness for a particular purpose). Without limiting the above, we do not warrant that the Website will be available at all times, secure or error-free, or that any Content is error-free or reliable.
To the maximum extent permitted by law, we, or our related companies, employees, agents, directors and other personnel (“Affiliates”), will not be liable to you (whether in contract, tort including negligence, or otherwise) ) in connection with the product , services, the Website, or otherwise under these Terms, 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.
To the extent we may be liable to you, our maximum liability in total in relation to any claim, liability, loss, damages or costs in connection with these Terms, (whether arising under contract, tort, negligence, statutory duty or otherwise), shall be limited to the price of those products or services to which the liability relates.
To the maximum extent permitted by law:
- to the extent that you have approved any products prior to delivery, then you will be deemed to have accepted such products if delivered to a corresponding quality;
- we will not be responsible or liable for any acts or omissions of any third parties;
- the parties agree and acknowledge that if the products supplied by us and acquired by you are supplied or acquired in trade within the meaning of the Fair Trading Act 1986, that sections 9, 12A, and 13 of the Fair Trading Act 1986 will not apply to the agreement between us, and that it is fair and reasonable to exclude their application;
- the parties agree and acknowledge that if they are both in trade, and that the products supplied by us and acquired by you are supplied or acquired in trade, that the provisions of the Consumer Guarantees Act 1993 will not apply to the agreement between us, and that it is fair and reasonable to exclude their application;
- the parties agree and acknowledge that the provisions of Part 3 of the Contract and Commercial Law Act 2017 will not apply;
- unless these Terms expressly provide or the parties agree otherwise in writing, to the fullest extent permissible by law all warranties, conditions or other terms implied by law are excluded; and
- you acknowledge that you had a reasonable opportunity to review these Terms, discuss them with us, and receive advice from your legal advisor, if you wished to do so.
You agree to at all times indemnify us and our Affiliates against any and all liability, claims, losses, damages, costs, including solicitor-client costs or other expenses of any nature whatsoever awarded against, incurred or suffered by any us or our Affiliates arising out of or in connection with 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, and Additional Terms
We may amend these Terms from time to time. The current and binding Terms will be the Terms displayed on the Website at the time you access or use the Website. If the Terms are updated, those Terms shall be effective as at the date they are uploaded onto the Website. Your continued use of the Website after a change or update has been made to these Terms constitutes your acceptance of the changed or updated Terms. If you do not accept any modification to these Terms, please refrain from further use or access to the Website.
General Terms
We reserve the right, without any limitation whatsoever, to at any time:
- for any reason, discontinue, or alter the functionality, appearance or otherwise of the Website; or
- terminate or suspend your access to the Website in the event we reasonably consider you may be in breach of these Terms.
The ‘Warranties and Limitation of Liability’, ‘Content and Intellectual Property’, ‘Privacy’, ‘Cancellation’ and ‘General Terms’ sections of these Terms will survive termination.
These Terms are to be construed and governed by the laws of New Zealand and the non-exclusive jurisdiction of the courts of New Zealand.
If any provision in these Terms is held to be invalid, void or illegal or unenforceable, the validity existence, legality and enforceability of the remaining provisions will not be affected, prejudiced or impaired.
These Terms do not create any relationship of partnership, agency, employment or joint venture between you and us.
Any failure or delay by either you or us in exercising (or in partially exercising) any right, power or remedy arising from a breach of these Terms (“Right”) does not operate as a waiver of that Right unless that waiver is provided in writing and signed by the party granting the waiver. The existence of any Right of ours expressly set out in these Terms, or the exercise of such, does not limit or prejudice any other rights, powers or remedies available to us in contract, at law or in equity, including any rights, powers or remedies that would be available to us if the right, power, or remedy was not set out in these Terms.
You may not assign or transfer your Rights or obligations under these Terms without our prior written consent. We may assign, transfer or novate any of our rights and obligations under these Terms without your consent.
Unless we otherwise agree in writing, these Terms constitute the entire agreement between us and you in relation to their subject matter.