Cal-Curb Limited (CaloCurb) Terms & Conditions
SECTION 1 - GENERAL
This website ("Site") is operated by Calocurb Limited ("Calocurb"), a New Zealand registered company. Throughout the Site, the terms "we", "us" and "our" refer to Calocurb.
By visiting or using our Site and/or purchasing a product (a "Product") from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, customers, and/or contributors of content. Any new features or tools which are added to the Site shall also be subject to the Terms of Service.
Please read these Terms of Service carefully before visiting or using our Site and/or purchasing something from us. If you do not agree to all the Terms of Service, then you may not access the Site or use any Service.
You can review the most current version of the Terms of Service at any time on the Site. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check the Site periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
By agreeing to these Terms of Service, you (a) agree to comply with all applicable laws and regulations; and (b) represent that you are at least the age of majority and you have given us your consent to allow any of your minor dependents to use this Site.
This Site is for your personal use only.
SECTION 2 - PRODUCTS AND SERVICES
Subject to these Terms of Service, you may purchase Products and/or Services through this Site. Our Site is hosted on Shopify Inc., which provides us with an online e-commerce platform that allows us to sell our Products and Services to you. You may wish to review Shopify Inc.’s terms of service, which can be found at (https://www.shopify.com/legal/terms).
If you purchase a subscription through our Site, every month you will receive a shipment containing one month's supply from us. Your subscription will continue on a month-to-month basis until you choose to cancel.
The Products and/or Services may be available exclusively online through the Site. These Products and/or Services may have limited quantities and are subject to return or exchange only according to our Returns Policy (see section 18 of these Terms of Service).
We reserve the right to: (a) limit the quantities of any Products or Services that we offer; (b) discontinue or change any Product and/or Service at any time; (c) limit the sales of our Products or Services to any person, geographic region or jurisdiction at any time; (d) refuse any order you place with us; and (e) limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Any offer for any Product and/or Service made on this site is void where such offer (or fulfilment of it) is prohibited.
Prices for our Products and/or Services are subject to change by us without notice.
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 have made every effort to display as accurately as possible the colours and images of our Products that appear on the Site. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 3 - BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made on our Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
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.
SECTION 4 – LIMITED RIGHT TO USE
The viewing, printing or downloading of any content, graphic, form, or document from the Site grants you only a limited, non-exclusive license for use solely by you for your own personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or offer for sale any information contained on, or obtained from, the Site. Illegal and/or unauthorized uses of the Site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited commercial email; using any information retrieval system, whether electronic or through other means, to reproduce any of the content of the Site other than for your personal use; and unauthorized framing or linking to the Site will be investigated and appropriate legal action will be taken, including civil, criminal, and injunctive redress.
SECTION 5 – INTELLECTUAL PROPERTY
The Site and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, and the collection, arrangement, and assembly of all content (collectively, "Intellectual Property") are protected by copyright, trademark, and other laws of the New Zealand, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of Calocurb (or its affiliate(s)). Your use of the Site does not provide you with ownership rights to any Intellectual Property viewed through the Site nor does it waive any of Calocurb’s rights in such Intellectual Property. Calocurb will enforce its intellectual property rights to the fullest extent of the law.
The copyright in all materials provided on the Site is owned by Calocurb (or its affiliate(s)). Subject to the following exception, none of the material contained in the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Calocurb. Site visitors may only view, copy, print and download the materials on the Site for personal, non-commercial use. Calocurb may revoke any of the foregoing rights at any time. Any unauthorized use of any material contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The trademarks, service marks and logos ("Trademarks") used and displayed on the Site are either registered or unregistered Trademarks of Calocurb (or its affiliate(s)) or used under license. Nothing on the Site shall be construed as granting any license or right to use any Trademark displayed on the Site without the prior written consent of the Trademark owner. The name Calocurb or any of the Trademarks may not be used in any way including in any advertising or publicity pertaining to distribution of materials on the Site without the prior written consent of Calocurb. Calocurb prohibits the use of its name or any Calocurb logo and Trademarks as a “hot” link to any non-Calocurb Site, unless the establishment of such link is approved in advance by Calocurb in writing.
SECTION 6 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (a) to maintain any comments in confidence; (b) to pay compensation for any comments; or (c) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
SECTION 8 - THIRD-PARTY LINKS
The Site may provide links to other websites or resources. Calocurb has not reviewed these sites and is not responsible for the accuracy, content, privacy policies or availability of information found on sites that link to or from this Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from this Site or third-party content on our Site. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content.
We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against Calocurb with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
Neither Calocurb nor its affiliates, employees, directors, officers, or agents shall be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of your use of third-party material or third-party sites that are linked to this Site. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
No link to the Site may be framed to the extent that such frame contains any sponsorship, advertising, or other commercial text or graphics. Deep linking to internal pages of this Site is expressly prohibited without prior written consent from Calocurb.
SECTION 9 - PERSONAL INFORMATION
SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site or provided as part of the Service that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in on our Site or provided as part of the Service, including without limitation, pricing information, except as required by law. No specified update or refresh date in relation to the Site or the Service should be taken to indicate that all information in the Service or on any related website has been modified or updated.
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site.
SECTION 11 – NOTICE REGARDING MEDICAL ADVICE
This Site does not provide medical or other licensed professional advice. Nothing stated or posted on this Site or available through any Services are intended to be, and must not be taken to be, the practice of medicine. The Site materials, such as text, graphics, images, and information obtained from this Site are for information purposes only. The Site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. While the Site offers information about our Products and Services, consumers should always read the label before taking the purchased Product and should consult a doctor before starting any diet or nutritional programs. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of information you have obtained through this Site. If you think you may have a medical emergency, call your doctor or the emergency services immediately.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any regulations, rules, laws, or ordinances (whether international, national, federal, state, local or otherwise); (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or the Service or any other websites, or the Internet. We reserve the right to terminate your use of any Service for violating any of the prohibited uses.
If you do access this Site from a location other than the New Zealand: (a) you do so at your own risk and initiative; (b) you are responsible for complying with all applicable local laws; and (c) Calocurb does not assume any responsibility for your actions.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Products or Services will be uninterrupted, timely, secure, free from side-effects or error-free. We do not warrant that the results that may be obtained from the use of any Product or Service will be accurate or reliable.
You agree that from time to time we may remove any Service for indefinite periods of time or cancel any Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, a Service is at your sole risk. The Service and all Products are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Calocurb, our directors, officers, employees, related and/or affiliated entities, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any Products procured using the Service, or for any other claim related in any way to your use of any Service or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or Product or any content posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Calocurb and our directors, officers, employees, related and/or affiliated entities, agents, contractors, suppliers, service providers or licensors, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Any such severance shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on the Site or in respect of the Products and/or Services constitute the entire agreement and understanding between you and us and govern your use of the Site and the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 17 - GOVERNING LAW
SECTION 18 – RETURNS POLICY
Within 30 days of receipt of the customer's first order, a Product purchased from the Site may be returned for any reason and will qualify for a full refund.
Thereafter, the Product will only qualify for a full refund if the Product is returned in its original, unused condition (including all original packaging) within 30 days and in a resaleable condition. We will not refund shipping costs, unless items are damaged.
Damaged items may be returned for any reason within 30 days of receipt with a full refund of your purchase price, including shipping costs. We do not accept returns after 30 days.
Returns only apply to a Product that has been purchased from our Site. We do not accept returns for purchases made from any other retailer. Please be advised that your refund will be calculated using any promotion or discount that was applied during original purchase.
If you would like to request a refund or exchange, please contact us by email at [email protected] and briefly explain to us your reason(s) for requesting a return or exchange (we can better serve you if we understand the reasons for your request). When we receive your package, we will credit the card you paid with or send a cheque for the full purchase price of your product(s), minus any applicable shipping costs. Please allow up to three weeks for us to process your request(s).
Please ship returns to: 24 Kawana St, Northcote, Auckland 0627, New Zealand or P O Box 36483, Northcote, Auckland 0748, New Zealand.
If a package is returned with no return label and your Customer number and Order reference, you may experience delays with the return or it may not be authorized.
SECTION 19 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected]