Terms of service

These Terms and Conditions of Service and Sale (“Terms”) relate to use of and the purchasing of anything from www.zeroharmsciences.co.nz (“Website” or “Site”), or any associated platforms.

By accessing our Website, registering an account or purchasing from our Website you automatically agree to these Terms, policies and notices stated on the Website or within these specific Terms. If you do not agree to all the Terms, then you may not access the Website or use any of our services.

Your use of the Website, opening an account with ZeroHarm Services and/or the ordering of anything from ZeroHarm Services creates a legally binding contract between you and ZeroHarm Services that is subject to these Terms.

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

Parties

The Website is operated by ZeroHarm Sciences Private Limited. Throughout the Website, the terms “we”, “us” and “our” or “ZeroHarm Services” refer to ZeroHarm Sciences Private Limited. “You” or “Your” refers to you as the customer and holder of a ZeroHarm Services account or otherwise the user of our Website or purchaser of our products through the Website.

Application to Users

These Terms apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms carefully before accessing or using our Website. Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

General Conditions We reserve the right to refuse services to anyone for any reason at any time. 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 the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, use of the Website service, or access to the Website or any contact on the Website through which the service is provided, without express written permission by us.

By agreeing to these Terms, you represent that you are at least over the age of 16 years, or that you are the age of majority in your geographical location of residence and you have given us your consent to allow any of your minor dependents to use this Website. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Website service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Website services.

Online Store

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Payments made on the Website are made securely through our payment solutions provider. Information which you supply Shopify Payments is subject to Shopify’s own privacy policies and terms and conditions.

Website and Product Information We are not responsible if information made available on this Website 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 Website 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. You agree that it is your responsibility to monitor changes to our site.

The information on this Website is intended for your general information. It is not a substitute for medical advice from a health care professional and is not intended to diagnose, treat, cure or prevent any disease. Always consult your doctor or other qualified healthcare professional with any questions you may have regarding a medical condition. Do not disregard medical advice or postpone consultation with your health care professional because of information that you have read on this Website. Always read the label of any supplements or natural health products you purchase and use only as directed. Vitamins and minerals are supplementary to and not a replacement for a balanced diet. Consult a health care professional if symptoms persist.

Reviews on the Website are provided without compensation by users of our products and should be viewed in this context. Reviews are the experiences of real people with products they’ve used, not substantiated health claims. Individual results may vary. Modification to the Services and Prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the products or services within our Website (or any part or content thereof) without notice at any time.

We do our best to provide accurate pricing information but errors can occur from time to time. We have the right to refuse or cancel any orders placed for products incorrectly priced. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Website (or any products sold) to the extent permitted by law.

The prices displayed on the Website are quoted in NZD dollars and are inclusive of New Zealand GST. New Zealand GST is applicable to all orders delivered within New Zealand.

Sales to customers outside of New Zealand may be subject to the payment of taxes and charges in their country. These will typically be payable by you before the package is able to be released from customs or your countries postal services provider. As these charges are outside of our control, we accept no liability for the advance notice or payment of any such charges levied by your countries customs, import or postal authorities. Products or Services (where applicable) Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited. 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 Website service will be corrected. Any defects in our products you have purchased through the Website are subject to return or exchange only according to our Return Policy. Billing and Account Information We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If 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 reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. 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. User submitted content, including product reviews and testimonials

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 (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) 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, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. 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. 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 international, federal, provincial or state regulations, rules, laws, or local ordinances; (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 Website 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 Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Website service or any related website for violating any of the prohibited uses. Warranties & Liability

Except as expressly stated in these Terms or on ZeroHarm Services Website, we make no warranty or representation as to the merchantability, fitness for a particular purpose, suitability or efficacy of any product purchased by you from us beyond any manufacturer warranty included with the product. Nothing in the former statement modifies, negates or restricts a consumer’s rights and remedies under the Consumer Guarantees Act 1993 (“CGA”).

Subject to your rights and remedies under the CGA, to the fullest extent permitted by law, we will not be liable for any:

· Warranties, conditions and representations whether express, implied, statutory or otherwise, relating in any way to the Website, your use of the Website and the information, products supplied, offered to be supplied or advertised or accessed through the Website; and

· Liability (including for negligence) to you or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage), costs and expenses suffered by you or claims made against you arising from or in connection with your use of the Website and the information, products supplied, offered to be supplied or advertised or accessed through this Website for any reason whatsoever (including negligence).

To the fullest extent permitted by law, ZeroHarm Services maximum aggregate liability for any product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount paid by you to ZeroHarm Services in respect of the product excluding any amount paid for delivery.

You agree that if you are a “consumer” under the CGA and you acquire any product for the purposes of a “business” (as those terms are defined in the CGA), the provisions of the CGA are excluded in relation to those products. Otherwise, these Terms are to be read subject to the terms of the CGA.

No warranty for use of the Website

While ZeroHarm Services endeavours to ensure that no computer virus or malicious software is contained on our Website, ZeroHarm Services makes no warranty as to your use of the Website and we will have no liability for any damage to your computer or other hardware as a result of your use of the Website.

We also do not guarantee, represent or warrant that your use of our services within our Website will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of any Website services will be accurate or reliable.

You agree that from time to time we may remove the Website service for indefinite periods of time or cancel the Website service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Website service is at your sole risk.

Trade Marks & Copyright

You may not make use of any logo or trade mark displayed on the Website without the express written consent of ZeroHarm Services. You may link to the Website from any other website provided that you agree to immediately remove that link if requested by us.

Links to Third Party Websites Certain content, products and services available via our Website may include materials from third-parties.

The Website contains links to websites that are not controlled by us (“Third Party Websites”). We make no promises or warranties as to the content, services or security of any Third Party Website and your link to and use any such Third Party Website is at your own risk.

Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

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 Website 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). We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

Personal Information We collect, hold and protect personal information you share with us in accordance with our Privacy Policy. Please read this for detailed information regarding our approach to your privacy.

Consent to receive email communications

By using our Website, registering for an account or making an order, you consent to us sending you relevant transactional emails about your user account and/or order.

You may be able to opt-in to receive ZeroHarm Services promotional emails. You can unsubscribe from these promotional emails at any time (simply click on the link in the footer of any promotional email we send you). We allow you to unsubscribe from all, or chosen promotional email newsletters (or re-subscribe if you change your mind and want to start receiving these again).

If you unsubscribe from promotional emails:

· Your account will still be valid; and

· You will continue to receive transactional emails from us regarding Website usage, orders and account status.

Errors, inaccuracies and omissions

We aim to list current and accurate product information at all times. However, it is possible that errors may occur. To the fullest extent permitted by law, we do not accept any liability for any damage which may directly or indirectly result from any advice, opinion, information, representation or omission, whether negligent or otherwise, contained on our Website.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website 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 within the Website or on any related website, including without limitation, pricing information, except as required by law. No

specified update or refresh date applied on the Website or on any related website, should be taken to indicate that all information on the Website or on any related website has been modified or updated.

Severability

In the event that any provision of these Terms 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, such determination shall not affect the validity and enforceability of any other remaining provisions. Termination The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Website services, or when you cease using our Website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Website services (or any part thereof). Entire Agreement The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this site or in respect to the Website service constitute the entire agreement and understanding between you and us and govern your use of the Website service, 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). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Governing Law

The use of the Website, opening an account with ZeroHarm Services and/or the ordering of anything from ZeroHarm Services is subject to the laws of New Zealand. You agree to submit to the exclusive jurisdiction of the courts of New Zealand in relation to any dispute between you and ZeroHarm Services. Contact Information Questions about the Terms should be sent to us at care@zeroharmsciences.co.nz.