bountifulpacks.co.nz – terms and conditions of the Bounty Educational Services Limited website.
Please read these terms and conditions carefully, they contain important information about your rights and obligations.
Please read these terms and conditions carefully before using the website operated by Bounty Educational Services Ltd. By accessing or using the site you agree to be legally bound by these terms and conditions as they may be modified
and posted on the Site from time to time and you are expected to check these terms and conditions periodically to take notice of any change(s) we make. If you do not wish to be bound by these terms and conditions then
please do not use the Site.
2. Nature of Site
The site provides information, advice and an online community for expectant mothers and new parents. The information provided on the site is not a substitute for examination, diagnosis or treatment by a doctor, midwife or other qualified health professional. It is solely your responsibility to evaluate the accuracy, completeness, usefulness and fitness for any purpose of all details of opinions, advice, services and other information provided on the site. In particular, if you have a health problem during pregnancy, or if your baby or child is ill, we strongly advise you to consult a doctor. Do not use any medicines or tablets without first asking your doctor or pharmacist whether the medication is safe for pregnant women or small children.
3. User Conduct
You may use our site only for lawful purposes. You may not use our site to send, knowingly receive, upload, download, use or re-use any material which does not comply with the law. You may submit notes, messages, bulletin boards postings, ideas, suggestions, reviews, concepts or other material (“content”) to us for publication on the site. All content submitted by you to us must be legal, honest, decent and truthful and comply with all applicable laws, regulations, standards or codes of conduct. We have the right to monitor content and may edit, reject or remove content if we believe it does not comply with the above. All content submitted to us will become the property of Bountiful NZ and you grant us a royalty free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You agree not to upload, post, email or otherwise transmit;
(a) any content that is unlawful, fraudulent, false, inaccurate or offensive in any way whatsoever, including but not limited to the following: obscene, abusive, threatening, bigoted, defamatory, invasive of privacy, hateful, or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, sexual orientation, race, ethnicity, gender, age or disability, or otherwise objectionable or in breach of any obligations of confidence;
(b) any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
(c) any unsolicited or unauthorised advertising or otherwise solicit for funds, promotional materials or any other form of similar solicitation (spam, flood); and
(d) any Content that infringes any copyright, patent, trade secret, database right or trademark or any other proprietary right of any party.
4. Advertisers and third parties
Your correspondence or dealings with, or participation in promotions of, advertisers and third parties found on the site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third party. To the fullest extent permitted by applicable law, you agree that:
(a) Bountiful NZ shall not be responsible or liable for any loss or damage of any kind incurred as a result of any such dealings or as the result of the presence of such advertisers and third parties on the site or the service, and
(b) any orders placed by you via the service are subject to confirmation by, and the terms and conditions of business of, the relevant advertiser or third party.
5. Modifications to Offering
We reserve the absolute right to alter, suspend or discontinue any aspect of the site or the services provided through it, including your access to it. Unless explicitly stated any new features on the site, including but not limited to the release of new services, shall be subject to these terms and conditions.
6. Applicability of Online Materials
The site is controlled and operated by Bountiful NZ from its offices in New Zealand. We make no representations that the site or any content on it are appropriate or available for use in other locations. Those who visit the site from other locations do so on their own initiative and are responsible for compliance with all applicable laws.
The site and all materials and information thereon are provided on an “as is” basis. To the fullest extent permissible by applicable law, we do not make any express or implied warranties, representations or endorsements whatsoever with regard to the site or any information or service provided through the site. To the fullest extent permitted by law we will not be liable to users for any loss or damage of any nature whatsoever and howsoever arising (including due to our negligence) out of or in connection with the viewing, use or performance of the site or its contents, whether due to
inaccuracy, error, omission or any other cause and whether on the part of Bountiful NZ or our servants or agents, or any other person.You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the site and is compatible with the site. You also understand that we cannot and do notguarantee or warrant that any material available for downloading from the site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
Bountiful NZ does not undertake to monitor every communication or the conduct of every user of the site. We operate a notice and take down policy otherwise referred to as reactive moderation. Monitors may be online from time-to-time to ensure that other users are adhering to these terms and conditions. Any monitoring activity may be undertaken by Bountiful NZ or its appointed agent, acting on its behalf. Bountiful NZ shall use reasonable endeavours to promptly remove content which is reported as being in breach of these terms and conditions, but cannot guarantee to do so.The site consists of information posted by third parties. As a result, Bountiful NZ accepts no liability in respect to the accuracy or truthfulness of any advice, information or data posted online or any responsibility for the consequences of your acting in reliance on such information, neither does Bountiful NZ necessarily endorse, support, sanction, encourage or agree with
the comments, opinions or statements posted by users on the site. Any information or material placed online by users, including advice and opinions, is the view and responsibility of those users and does not necessarily represent the view of Bountiful NZ.
9. Copyright and Monitoring
The contents of the site are protected by international copyright laws and other intellectual property rights. The owners of these rights are Bountiful NZ or other third party licensors. All product and company names and logos
mentioned on or in the site may be the trade marks, service marks or trading names of their respective owners, including Bountiful NZ. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by
any means or in any manner, any material or information on or downloaded from the site including but not limited to text, graphics, video, messages, code and/or software without our prior written consent.
10. Linked Sites
Bountiful NZ may provide hypertext links to sites on the Internet which are operated by other people who we believe offer services and/or products which complement those offered by us and we make no representations whatsoever about any other site(s) which you may access through this site or which may link to the site. When you access any other site or use the “Where to Buy” function you understand that it is independent from the site and that we have no control over the content or availability of that site. In addition, a link to any other site does not mean that Bountiful NZ endorses or
accepts any responsibility for the content, or the use of, such a site and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or
services available on or through any such site or resource. Any concerns regarding any external link should be directed to its respective site administrator or web master.
11. Availability and Access to the Site
We will endeavour to make the site available but cannot guarantee that the Site will operate continuously or without interruptions or be error free. Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control.You must not attempt to interfere with the proper working of the site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, site, router or any other internet connected device.
12. Suspension and Termination
Immediately ban you from using the site, whether temporarily or permanently;
Remove material, reviews and/or comments at any time;
Issue a warning to you;
Disclose such information to law enforcement authorities as we reasonably feel is necessary; or
Take further legal action against you.
We exclude liability for actions taken in response to breaches of these terms and conditions. The responses described above are not limited and we may take any other action we reasonably deem appropriate.
We may assign or subcontract any or all of our rights and obligations under these terms and conditions.
We may alter these terms and conditions from time to time and post the new version on the Site, following which all use of the site will be governed by that version.
If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from them and shall be deemed to be deleted from them.
These terms and conditions and your use of the site are governed by New Zealand law and you submit to the non-exclusive jurisdiction of the New Zealand court.
All notices shall be given by e-mail to [email protected] or to you at either the e-mail or postal address you provide during the registration process. Notice will be deemed received 24 hours after e-mail is sent or 3 days after the date of posting.
15. Governing Law
The nature of our site means that we will obtain, use and disclose (together “Use”) certain Personal Information (as defined below). This statement sets out the principles governing our Use of your Personal Information on our site. By using our site you agree to this use.
1. When you use the services contained on the site you will need to provide certain personal information such as your name and e-mail address (“Personal Information”). We will store this Personal Information and use it to provide you with information and otherwise for the normal use and improvement of the Site. If you would like to review or modify any part of your Personal Information then you should send an email to [email protected]
2. We may transfer or disclose Personal Information if required to disclose such information by law. We may also transfer or disclose Personal Information to our professional advisers and to such other parties as we consider necessary, in the administration of our site and our related business.
3. Subject to you ticking certain boxes on the site when prompted in order to provide your consent, we may transfer or disclose your Personal Information to other companies who may contact you with details of products or services which may interest you, but you can always tell us not to do this by contacting us as described in 12 below.
4. Subject to you ticking certain boxes on the site when prompted in order to provide your consent we may also pass your Personal Information to our business associates and affiliates who may contact you with details of products or services which may interest you, but you can always tell us not to do this by contacting us as described in 13 below.
5. To enable us to monitor and improve our site, we gather certain aggregated information about you when you use it, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of the site you visit.
6. We may aggregate statistics, traffic patterns and related Site information and disclose such aggregate data to third parties for marketing, advertising or other promotional purposes but such aggregate data will not include any Personal Information.
such as passwords, preferences, etc. in cookie files.
10. We use an analytics tool called google analytics on this site which allows us to track and analyse your activity across this site. It allows us to understand how you use the site and helps us to find ways to improve your
experience with our websites.While we will take all reasonable steps to protect your Personal Information, we cannot guarantee the security of any Personal Information you disclose online and any transmission of your Personal Information is at your own risk. You accept the inherent security implications of providing information on-line over the internet and will not hold us responsible for any breach of security unless we have been negligent or in wilful default.