TERMS & CONDITIONS
These “Terms and Conditions” include three separate sections:
Please ensure that you read all sections. Your agreement to these ‘Terms and Conditions” included agreement to each of these separate sections.
1. TERMS AND CONDITIONS OF USE
Welcome to new hemisphere™’s (“new hemisphere”) website. These Terms and Conditions apply to your use of:
(a) the new hemisphere website at www.newhemisphere.co.nz (“Website”);
(b) any other new hemisphere website, page or application used to gather your details or send you email notifications relating to new hemisphere and its products; and
(c) any social media website or page, containing pages or content established by, or associated with new hemisphere, including, but not limited to:
(iii) Twitter (“the Internet Sites”).
By accessing or using any one or more of the Internet Sites you are deemed to have read and agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must cease accessing the Internet Sites immediately.
new hemisphere reserves the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon being placed on the Website. Your continued use of the Internet Sites following such amendments being placed on the Website will represent an agreement by you to be bound by the Terms and Conditions as amended. Such amendments may include replacing these Terms and Conditions with entirely new Terms and Conditions.
Unless otherwise stated, new hemisphere is the owner of or otherwise has the right to use, all copyright, trademarks and other intellectual property rights relating to new hemisphere, its subsidiaries, or the Goods on the Internet Sites. This includes without limitation all intellectual property rights in respect of all text, graphics, logos, images and any downloads that may be offered on the Internet Sites. new hemisphere’s ownership in such intellectual property is protected by both New Zealand and international law.
For the avoidance of doubt, new hemisphere is a trademark of Midlands Holdings, and new hemisphere is lawfully entitled to use this trademark.
new hemisphere grants you a limited license (“License”) for the purpose of learning about new hemisphere and its products, registering, ordering and paying for new hemisphere products, and making personal use of the Internet Sites. Any contravention by you of these Terms and Conditions terminates the License immediately.
Under no circumstances, without the prior written approval of new hemisphere, may you adapt, reproduce, store, distribute, print, display, publish or create derivative works from any part of the Internet Sites other than in accordance with the License. You shall not use any data gathering and extraction tools or software to extract information from the Internet Sites. You shall not frame or utilize framing techniques to enclose any of the contents of the Internet Sites without new hemisphere’s express prior permission. You may not use any meta-tags or other hidden text which incorporate new hemisphere’s name or any of its intellectual property including trademarks without new hemisphere’s express prior permission.
You agree to fully indemnify new hemisphere for any loss or damage it may suffer in contract, tort, equity, statute, regulation or otherwise, including without limitation any economic loss, loss of turnover, profits, business or goodwill, whether direct or consequential, in respect of any third party claims against new hemisphere its related parties, employees, contractors or agents, that may arise as a result of your breach of the License.
In the event that you are granted permission by new hemisphere to use any content from the Internet Sites other than for personal use, subject to any contrary agreement you reach with new hemisphere, you must ensure that all copyright, trademark and other proprietary notices contained in the content are retained.
While new hemisphere endeavours to take all reasonable and appropriate care in the preparation of the content on the Internet Sites and has no reason to believe that any information contained on the Internet Sites is inaccurate, new hemisphere does not warrant the accuracy, adequacy, or completeness of such information or that such information is error free.
new hemisphere does not undertake to keep the Internet Sites updated, new hemisphere does not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained on the Internet Sites including without limitation where such loss or damage is a result of or contributed to by the negligence of new hemisphere.
The following provisions apply to any comments, statements, blogs, feedback or interactions that you wish to post and are posted (“Posts”) on any of the Internet Sites:
(a) new hemisphere reserves the right without notice or explanation to:
(i) not allow the posting of any specific Post; and
(ii) edit any specific Post; or
(iii) remove any Post;
(b) Personal abuse, foul language, inappropriate subject matter or discriminatory remarks of any nature will not be tolerated;
(c) You agree to indemnify new hemisphere on demand for any loss or costs of whatever nature suffered by new hemisphere whether direct or consequential as a result of any breach by you of the paragraphs a. and b. above.
new hemisphere has very strict policies in place which govern Posts on the Internet Sites by users. These policies are intended to ensure that only fair, factual and accurate comments and statements are posted by users.
If you believe that any Post included on any of the Internet Sites is inaccurate or inappropriate, then please contact us immediately and we will do our best to resolve the issue.
new hemisphere can be contacted in any of the following ways:
Phone: +64 3 308 1265
Post: 165 Walnut Ave, Ashburton, New Zealand
Unless explicitly stated otherwise the comments or statements posted on the Internet Sites by others do not represent the opinions of new hemisphere regardless of whether new hemisphere may have edited or formatted such comments or statements in the course of their being posted on the Internet Sites.
To the best of new hemisphere’s knowledge, all comments or statements made on the Internet Sites represent the genuine opinion of the authors of such comments or statements.
LINKED WEBSITES AND THIRD PARTY INFORMATION
The Internet Sites may contain links to other websites (“Linked Websites”). Those links are provided for convenience only and may not remain current or be maintained. new hemisphere is not responsible for the content or privacy practices associated with linked websites.
Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by use of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites including further links contained on those Linked Websites, unless and to the extent stipulated to the contrary.
The Internet Sites may contain information which is obtained from third parties and which those third parties or new hemisphere may post on the Internet Sites from time to time. Such information is provided for convenience only and new hemisphere does not necessarily endorse the products or services referred to in the information.
new hemisphere requires that you obtain the prior written approval of new hemisphere before providing any link to the Website. Where such approval is given, you further agree that you will not use any new hemisphere logo, trademark or other proprietary graphics as part of such link without the express prior approval of new hemisphere.
You must take your own precautions to ensure that the process which you employ for accessing the Internet Sites, and/or downloading any information from the Internet Sites, does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system, telecommunication equipment or other property. new hemisphere does not accept responsibility for any interference or damage to your computer system or telecommunication equipment which may arise in connection with your use of the Internet Sites or any linked website.
EXCLUSION OF WARRANTY
To the fullest extent permitted by law, in relation to your access and use of the Internet Sites any condition or warranty either express or which would otherwise be implied by law into these Terms and Conditions is hereby excluded.
new hemisphere further notes that the information accessed through the Internet Sites is to inform you of new hemisphere’s range of products and their use. new hemisphere does not engage in offering professional medical or health advice. The information accessed through the Internet Sites is not intended to be complete or diagnose or treat a health problem or disease.
If you have a health problem or suspect you have a health problem please consult your health adviser.
EXCLUSION OF LIABILITY
Under no circumstances will new hemisphere, its employees or its agents be liable to you in contract, tort, equity, statute, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you or by any other third party, whether direct or consequential (including without limitation any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or brought against you which relate in any way to your access and use of the Internet Sites or in respect of any failure or omission on the part of new hemisphere to comply with its obligations as set out in these Terms and Conditions in respect of your access and use of the Internet Sites.
LIMITATION OF LIABILITY
In the event that any limitation or provision contained in these Terms and Conditions is held to be invalid or unenforceable for any reason and new hemisphere becomes liable for any loss or damage that would otherwise have been excluded, new hemisphere’s maximum liability in contract, tort, equity, statute, regulation or otherwise for any loss, damage or injury directly or indirectly arising in respect of your access and use of the Internet Sites is to be limited to $50 in New Zealand currency.
The Internet Sites are governed by and are to be interpreted in accordance with the laws of New Zealand and in all matters relating to or arising from your use of the Internet Sites, you agree to submit to the non-exclusive jurisdiction of the Courts of New Zealand.
SOCIAL NETWORKING SITES
In the event of any problem with the Internet Sites or any content, you agree that your sole remedy is to cease using the relevant Internet Site.
FAILURE TO COMPLY
new hemisphere accepts no liability for any failure to comply with these Terms and Conditions where such failure is due to circumstances beyond its reasonable control.
If new hemisphere waives any rights available to it under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these Terms and Conditions is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms and Conditions and the remaining Terms and Conditions shall continue in force.
In the case of a breach of these Terms and Conditions by you or any other person, new hemisphere is free to decide whether it wishes to take action for such breach, and if so when and how. new hemisphere will not be prevented by passage of time or any other matter, from exercising its rights.
You may not assign any of your rights or obligations pursuant to these Terms and Conditions.
All new hemisphere content on the Internet Sites is protected. new hemisphere (Midlands Nutrition) is either the owner or licensee of all rights to such content. All such rights are reserved.
If you have any queries in regard to these Terms and Conditions, please don’t hesitate to contact new hemisphere or Midlands Holdings.
The information accessed through:
(a) The new hemisphere website at www.newhemisphere.co.nz;
(b) Any other new hemisphere website, page or application used to gather your details or send you email notifications relating to new hemisphere and its products; or
(c) Any social media website or page, containing pages or content established by, or associated with new hemisphere, including but not limited to:
(i) Facebook and
(ii) Twitter (“the Internet Sites”)
Is to inform you of our range of products and their use. new hemisphere does not engage in offering professional medical or health advice. The information accessed through the Internet Sites is not intended to be complete or to diagnose or treat a health problem or disease. If you have a health problem or suspect you have a health problem, please consult your doctor or health advisor.
2. TERMS AND CONDITIONS OF PURCHASE
TERMS OF PURCHASE
These Terms of Purchase will govern the purchase of any goods (“Goods”) you make from new hemisphere (“new hemisphere”, “us”, “we”) through the new hemisphere website at www.newhemisphere.co.nz (“Website”). You should read and ensure you understand these Terms of Purchase before ordering (“Order”) any Goods through this Website. If you do not agree with any of these Terms of Purchase you must not Order Goods through the Website.
NEW HEMISPHERE reserves the right to amend these Terms of Purchase from time to time. Amendments will be effective immediately upon being placed on the Website. Your continued use of the Internet Sites following such amendments being placed on the Website will represent an agreement by you to be bound by the Terms of Purchase as amended. Such amendments may include replacing these Terms of Purchase with entirely new Terms of Purchase.
You may Order Goods described on the Website for the price specified on the Website. All prices are expressed in New Zealand dollars and are inclusive of goods and services tax chargeable under the Goods and Services Tax Act 1985 (“GST”). new hemisphere reserves the right to amend the prices of Goods from time to time without prior notice. By purchasing goods from the website you consent to receiving an after-purchase email from an independent provider inviting you to review the product you purchased. You are under no obligation to complete the survey.
Your Order must contain your name, email address, credit card details, billing address, delivery address and any other ordering information specified on the Website.
You may not cancel an Order once it has been submitted provided that new hemisphere may reject your Order at any time and is not required to give reasons for rejecting your Order.
If we reject your Order for any reason, neither you or we will be under any further obligation to the other arising out of your Order or our rejection of that Order.
If we reject your Order we undertake to reimburse you for any payments already received by us.
Delivery of the Goods to you will take place in the manner chosen by new hemisphere unless agreed otherwise with you. new hemisphere will not be liable for any delay in delivery of Goods ordered or non-delivery of Goods ordered, other than in accordance with the provisions of the Consumer Guarantees Act 1993.
Title in the Goods does not pass to you until payment has been received in full by new hemisphere or its agent. You acknowledge that these Terms of Purchase create a security interest as defined in the Personal Property Securities Act 1999 (NZ) in favour of new hemisphere in any Goods purchased from this Website, and that new hemisphere may at any time register a financing statement on the Personal Property Securities Register to protect its security interest in the Goods. While new hemisphere retains title to the Goods you must properly store the Goods and ensure the Goods are identifiable as new hemisphere product.
Payment must be made in the manner described on the Website. Prices are inclusive of GST unless otherwise stated. Prices are exclusive of other taxes, duties and charges imposed or levied in New Zealand or overseas in connection with the supply of the Goods.
Where payment is by credit card, you will be liable for all Orders placed using your credit card.
new hemisphere may from time to time donate a percentage of the sale price of any Goods to any charity of its choosing. The Goods to which this applies, and the charity or charities chosen by new hemisphere are shown on the Website. Nothing in these Terms of Purchase comprises an endorsement of new hemisphere products by any recipient of a donation.
The Goods are offered for sale only to persons who can make legally binding contracts. It is your responsibility to ascertain and obey all applicable laws (including minimum age requirements for legally binding contracts) in relation to the use of the Website and the purchase of Goods from the Website.
By placing an Order for Goods you represent that you are capable of making a legally binding contract and that the Goods purchased will be used in a lawful manner.
NEW ZEALAND LAW
Details contained on the Internet Sites relating to Goods, including any descriptions or claims made in relation to Goods, have been prepared in accordance with New Zealand law and may not satisfy the laws or regulations of any other jurisdiction. We do not warrant that the details, descriptions or claims on the Internet Sites concerning Goods will satisfy the laws of any other jurisdiction.
It is your responsibility to determine whether these details, descriptions and claims satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside New Zealand) and if the details, descriptions or claims do not satisfy the laws of your jurisdiction, you should not Order any Goods from the Website.
These Terms of Purchase together with any additional terms and conditions contained in the invoice or any other similar document issued by new hemisphere shall be the terms which govern your purchase of the Goods.
POSSESSION AND RISK
Possession and risk in the Goods shall pass to you upon despatch of the Goods to your agent or carrier.
Short or incorrect Orders must be reported to new hemisphere within seven (7) working days of their receipt together with the invoice number. Any Goods returned must be clean and free from price markings. Goods that have been damaged or are not resaleable may not be credited in full.
RETURN OF ERRONEOUS OR EXCESSIVE ORDERS
For Goods ordered in excess of your requirements or in error, new hemisphere reserves the right to charge a handling fee of up to 20% of the original invoice value where those Goods are returned. An authorisation is required by new hemisphere prior to the return of any Goods and new hemisphere is under no obligation to grant any such authorisation.
If Goods are purchased on the Website, and those Goods do not conform to specification or are defective, then provided such Goods are returned together with the relevant invoice or shipping note to new hemisphere at 165 Walnut Ave, Ashburton, New Zealand, within ten (10) working days of the date of purchase, new hemisphere will at its option, replace such Goods or refund the purchase price.
EXCLUSION OF LIABILITY
Under no circumstances will new hemisphere, its employees or its agents be liable to you in contract, tort, equity, statute, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you, or by any other third party, whether direct or consequential (including, but without limitation, any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or brought against you which relate in any way to Goods supplied pursuant to an Order placed on the Website or in respect of any failure or omission on the part of new hemisphere to comply with its obligations as set out in these Terms of Purchase in respect of the sale of Goods to you. If you are using the Website, or purchasing Goods for a business purpose, you agree that the Consumer Guarantees Act 1993 does not apply.
LIMITATION OF LIABILITY
In the event that any limitation or provision contained in these Terms of Purchase is held to be invalid or unenforceable for any reason and new hemisphere becomes liable for any loss or damage that would otherwise have been excluded, new hemisphere’s maximum liability in contract, tort, equity, statute, regulation or otherwise for any loss, damage or injury directly or indirectly arising in respect of the supply of the Goods pursuant to an Order is to be limited to the lesser of the value of Goods comprised in an Order to which a claim relates; the cost of repairing or replacing defective Goods; and the actual loss or damage suffered by you. All other warranties, descriptions, representations and conditions as to fitness, suitability for any purpose or specific conditions, even though such conditions may be known to new hemisphere, merchantable or otherwise, whether express or implied, and whether statutory or otherwise, are expressly excluded, except to the extent that such liability is required by law without right of exclusion.
FITNESS FOR PURPOSE
You acknowledge that you have made your own investigations as to the fitness of the Goods for your purpose.
NOTIFICATION OF PROBLEM
new hemisphere shall not be liable for any damage, discrepancy or shortage in the Goods unless you notify new hemisphere and the carrier within 5 days from time of delivery of the Goods.
If any provision of these Terms of Purchase is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms of Purchase and the remaining provisions shall continue in full force.
GOODS DESCRIPTION AND AVAILABILITY
All descriptions of Goods, specifications, quantities and prices of Goods depicted on the Internet Sites are subject to change at any time without notice. Certain weights, measurements and similar descriptions are approximate and provided for convenience purposes only.
new hemisphere will make all reasonable efforts to accurately display the attributes of the Goods, including applicable colours; however, the actual colour you see will depend on your computer and we cannot guarantee your computer will accurately display such colours.
While new hemisphere will use its best endeavours to ensure your Order is met, new hemisphere provides no warranty as to the availability of Goods ordered on the Website.
If we delay or do not exercise any of our rights or remedies under these Terms of Purchase, that will not be a waiver of the right or remedy.
RETAIN A COPY
You should print out and retain or otherwise store a copy of these Terms of Purchase for your future reference.
If you have any queries in regard to these Terms of Purchase, please don’t hesitate to contact us.
3. PROMOTIONS TERMS AND CONDITIONS
NEW HEMISPHERE COMPETITION TERMS AND CONDITIONS
new hemisphere general conditions of entry into any on-line competition run by new hemisphere (Midlands Nutritional Oils) or a related company (“the Promoter”):
- Acceptance of conditions. Information regarding prizes and how to enter forms part of these conditions. By entering, entrants accept these conditions.
- Restrictions on entry. Entry is open only to residents of New Zealand, and who are not directors, management or employees (or members of the immediate families of directors, management or employees) of new hemisphere or of the agencies or companies associated with the competition.
- Duration of competition. The duration of the competition will be outlined on the relevant internet site where the competition was entered and is subject to the terms and conditions of that competition.
- Method of Entry. To enter, entrants must during the competition period register at the relevant internet site where the competition is advertised and agree to the Terms and Conditions of the competition (“Eligible Entrant”).
- Eligible Entrants. Eligible Entrants may only register once for any competition. Registering for the competition will entitle the Eligible Entrant to one entry in the draw. Entrants are responsible for their own costs associated with accessing the internet.
- All entries must be received by the Promoter during the Competition Period. Entries are deemed to be received at the time they are received by the Promoter’s database and not at the time of submission by the entrant. The Promoter accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over communications networks or lines and is not liable for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. Entrants who enter using multiple email addresses or aliases may be disqualified.
- Draw details. Draw details will be specific to each competition and will be detailed on the relevant internet site where the competition was entered.
- Eligible Entries. All Eligible Entries received during the Competition Period will be entered into the draw.
- Prize details. The prize details will be specific to each competition and outlined on the relevant internet site of entry.
- The prize winner must, at the Promoter’s request, participate in all promotional activity (such as publicity and photography) surrounding the winning of any prize, free of charge, and consent to the Promoter using their name and image in promotional material.
- Exclusion of liability. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this competition or accepting or using any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
- Without limiting the previous paragraph, the Promoter and its associated agencies and companies will not be liable for any damage in transit to prizes, or for any consequences of the winner or any of their companions not complying with any applicable laws and regulations regarding the use of the car (including but not limited to driving while intoxicated).
- This competition is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants are providing their information to the Promoter and not to Facebook. Each entrant completely releases Facebook from any and all liability.
- Awarding prizes. The Promoter may require winner to provide proof of identity, proof of age, and proof of residency at the nominated prize delivery address. Identification considered suitable for verification is at the Promoter’s discretion.
- Disqualification of entries. If a winning entry is deemed not to comply with these conditions of entry, the entry will be discarded and a new winner of that prize will be determined by drawing a further Eligible Entry in accordance with condition 6. The Promoter’s decision is final and no correspondence will be entered into.
- Disqualification of applicants. The Promoter may, in its sole discretion, disqualify all entries from, and prohibit further participation in this competition by, any person who tampers with or benefits from any tampering with the entry process or with the operation of the competition or acts in violation of these conditions, acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person. The Promoter may in its absolute discretion cancel a prize or otherwise cease to provide any benefit of the prize to the prize winner if the winner (or any of their companions), in the opinion of the Promoter, is under the influence of alcohol or any other drug, behaves aggressively or offensively, or behaves in a manner which may diminish the good name or reputation of the Promoter or any of its related bodies corporate or the agencies or companies associated with this competition, is contrary to law or is otherwise inappropriate.
- Changes in prize value. Prizes are not transferable or exchangeable and cannot be redeemed for cash.
- Problems affecting competition. If for any reason any aspect of this competition is not capable of running as planned, including by reason of infection by computer virus, mobile network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this competition, the Promoter may in its sole discretion cancel, terminate, modify or suspend the competition, or invalidate any affected entries, subject to the approval of the gaming authorities in each state and territory, where required.
- Unclaimed prize draw. In the event of a prize not being accepted or claimed within 3 months of the relevant draw, the relevant winner’s entry will be deemed invalid and the Promoter reserves the right to conduct such further draws, subject to any requirements of any gaming authority. Any winner in this draw will be notified by email within 2 days of the draw.
- Tax statement. The Promoter is not liable for any tax implications arising from prize winnings. Independent financial advice should be sought.
- Privacy statement. All details of the entrants will be used and preserved in accordance with the Privacy Act 1993. A request to access, update or correct any information should be directed to that office. Unless otherwise notified, new hemisphere New Zealand (Midlands Holdings) may use the entries and details of entrants for promotional and publicity purposes. Entrants consent to their full names and/or their entries being used in the winners promotion of the relevant competition.
- Surveys & Contests. From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.
- Further and Particular Terms. Further and particular terms relating to a competition may be displayed on the relevant internet site where the competition is advertised. In the event of any conflict between a particular competition term and these general competition terms, the term(s) of the particular competition shall take precedence.