Pregnancy Wellness Limited (trading as “Kate Sedon”) - Website Terms and Conditions

 

1. DEFINITIONS

1.1 In these terms of use of use of the website the following words shall have the meanings specified:

Agreement	the agreement between PWL and the Customer for the supply of services which includes the specific terms and the general terms.
Consumer Guarantees Act	the Consumer Guarantees Act 1993.
Customer	any customer of PWL.
Privacy Policy	PWL’s privacy policy which can be found at https://katesedon.com/privacy-policy/.
PWL	Pregnancy Wellness Limited, NZBN 9429049311211.
Terms	these Terms of Use, the Privacy Policy and the Agreement in respect of any supply of services by PWL to the Customer (as applicable).
Terms of Use	these terms of use of the Website.
Website	PWL’s website at www.katesedon.com.

References in these Terms of Use to we, our and us shall be a reference to PWL and references in these Terms of Use to you and your shall be a reference to you as a user of the Website.

2. THE WEBSITE

2.1 The Website.  Thank you for visiting the Website.  These Terms of Use should be read in conjunction with the Privacy Policy and the Agreement (as applicable).  By using the Website, searching on the Website and purchasing products or services on the Website you accept, and agree to be bound by, the Terms.  If you do not agree with any of the Terms, you must stop using the Website.

2.2 Use.  You may access, view and print the content on the Website only for informational and non-commercial purposes.  No part of the Website may be distributed or copied for any commercial purpose.  PWL reserves the right to restrict or terminate your access to the Website at any time.

2.3 Manner of use.  You must use the Website in a responsible and co-operative manner and, without limitation, you must not:

2.3.1 make any fraudulent, speculative or false enquires, bookings or reservations or requests via the Website;

2.3.2 knowingly transmit any virus or other disabling feature to the Website;

2.3.3 transmit to the Website any threatening, defamatory, pornographic, political, or racist material or any material that is otherwise unlawful, inappropriate or objectionable;

2.3.4 tamper with, hinder the operation of or make unauthorised modifications to the Website;

2.3.5. use the Website while impersonating another person;

2.3.6 delete data from the Website without our permission;

2.3.7 frame the Website as part of another site or cache the Website for commercial benefit; or

2.3.8 breach any third party’s rights (including intellectual property rights and obligations of confidentiality owed to third parties) or infringe any laws using the Website. 

2.4 Intellectual property.  All right, title and interest in all intellectual property relating to PWL and its affiliates on the Website, including, without limitation, text, graphics, data, goods pricing information, images, logos, trademarks, trade names and copyright is owned or licensed by PWL and its affiliates.  Such intellectual property is protected by trade mark, copyright and other intellectual property and trade practices laws and treaties around the world.  All such rights are reserved. You are expressly prohibited from reformatting, reproducing, reselling or copying, by manual, or automated means such as scraping, any information, data or other material from this Website other than as strictly necessary to view the Website and make any purchase of goods on the Website.

2.5 Material.  The material contained within the Website is PWL’s property or the property of PWL’s affiliates or licensors. You must not reproduce, duplicate, copy, sell, assign, resell or exploit such trademarks or any other portion of the Website without PWL’s express prior written permission.  

2.6 User-generated content.  The Website may include information and materials uploaded by other users of the Website, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Website do not represent our views or values.

2.7 Changes to Website.  PWL reserves the right to alter, suspend or remove the Website temporarily or permanently, at any time, or to deny you access to the Website for any reason and without notice.

3. THIRD PARTY SITES AND HYPER-LINKING

3.1 Third-party sites and hyper-linking.  All links and references to other websites, are provided for your convenience only, and should not be taken as endorsement by PWL of those websites, the information contained in those websites, or of organisations or people referred to in those websites.  If you have any comments or questions relating to any websites linked to the Website, please direct them to the relevant person or organisation.  PWL does not (whether by implication or otherwise) endorse in any way any website, organisation or person who may have off-site links to the Website.

4. DISCLAIMERS AND LIABILITY

4.1 Disclaimer.  Although PWL makes reasonable efforts to ensure all information on the Website is accurate and up to date, by using the Website you acknowledge that PWL has no responsibility for the accuracy, completeness, currency or availability of this information.

4.2 Limitation of liability.  To the extent permitted by law, PWL (including PWL’s directors, officers, employees or agents) shall not be liable for any loss or damage in contract, tort or otherwise (including direct, indirect, consequential or other) which may arise as a result, directly or indirectly, from the use of:

4.2.1 the Website or these Terms of Use; and/or 

4.2.2 any of the information or material contained on the Website; and/or 

4.2.3 use of or access to any other information or material via web links from the Website; and/or 

4.2.4 any inability to access or use the Website; and/or the provision of the services.  

Under circumstances where PWL’s liability cannot be excluded and where liability may be lawfully limited, our liability is limited to the remedies required under applicable law (including the Consumer Guarantees Act).

4.3 Your rights.  Nothing in these Terms of Use is intended to limit any rights you may have under the Consumer Guarantees Act or the Fair Trading Act 1986.

5. WARRANTY AND INDEMNITY

5.1 No warranty.  PWL does not warrant that the Website is free from computer viruses or other properties that may cause loss or damage or that information on the Website is up to date, accurate or correct.  Further, PWL accepts no liability for any such erroneous information other than as required by consumer laws in New Zealand.

5.2 Indemnity.  You indemnify, and hold PWL, and PWL’s directors, officers, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, any tax, legal and/or accounting fees, arising out of or in connection with your access to or use of the Website or your violation of these Terms of Use.

6. GENERAL

6.1 Severability.  If any provision of these Terms of Use shall be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

6.2 Notices.  Any notices:

6.2.1 PWL needs to give to you, will be sent to the email address you provide to PWL from time to time; and 

6.2.2 you need to give to PWL should be sent using the “Contact Us” page of the Website at www.katesedon.com/contact/. 

6.3 Jurisdiction.  These Terms of Use are to be governed by and construed in accordance with New Zealand law.  You agree to submit to the exclusive jurisdiction of the courts of New Zealand with respect to any claim or matter arising out of or in connection with these Terms of Use or their termination.

6.4 Assignment.  PWL may assign or transfer these Terms of Use, at its sole discretion, without restriction.  You may not assign or transfer your rights under these Terms of Use without PWL’s prior written consent, which may be withheld in PWL’s absolute discretion. 

6.5 Privacy.  PWL understands and respects the importance of your privacy and is committed to protecting your privacy in accordance with the Privacy Act 2020.  Please refer to the Privacy Policy. 

6.6 Customers.  If you are purchasing products or services on the Website the Agreement will also apply[, which you can view on the Website [here]].  

6.7 Contact PWL.  If you have any questions, concerns or complaints in relation to the Website or these Terms of Use please contact PWL using the “Contact Us” page of the Website at www.katesedon.com/contact/. 

6.8 Updated Terms of Use.  PWL may change these Terms of Use [or the Terms] by updating them on the Website.  Your continued use of the Website means that you agree to the amended terms.  PWL also reserves the right to suspend or discontinue access to the Website at anytime.  These Terms of Use were last updated on [date].