Terms of service

The Terms and Conditions under which you may use and purchase products from https://www.k9felinenatural.com/ (“Site”) are set out below. Please read the following terms and conditions carefully before using the Site.

This Agreement is a contract between the customer (“You”) and K9 Natural Food Limited, NZBN 9429032324938, registered office 305 Lincoln Road, Christchurch 8024, New Zealand. K9 Natural Food Limited reserves the right to change this Agreement without notifying You.

By using this Site, You acknowledge that You have read and understood these Terms and Conditions and agree to be bound by the Terms and Conditions of this Agreement. If You do not agree to these Terms and Conditions, You must not use this Site.

It is your responsibility to regularly check these Terms and Conditions for any changes. Continued use of the Site will be taken as your acceptance of those changes. The Site and its content are provided for your personal use only and must not be used for any public or commercial purpose.

Our online store is hosted on Shopify, the e-commerce platform that powers our Site.

Registration

In using the Site, You may be asked to register and create an account. As part of the registration process, You may be asked to agree to these Terms and may be required to provide Us with certain personal information about yourself including your legal name, phone number, address, email address, gender, and age.

You are responsible for ensuring that your account details are kept secret, safe, and secure at all times. You will notify Us immediately of any unauthorized use of your account any other breach of security. You must not transfer your account to another user or maintain more than one account with Us without Our consent. We may, at Our sole discretion, suspend or terminate your account and limit your access to the Site and the Services. We further reserve the right to refuse Service to anyone for any reason at any time.

K9 Natural Food Limited will not be held responsible or liable for any misuse of your account including where a third party has access to your account for any reason.

You warrant and represent that the personal information You provide to Us via the Site is true, valid, complete, and up-to-date in all respects, and You confirm that You are the person referred to in the information provided. Should any of your personal information change, You must update that information immediately.

Retailer Links

The K9 Feline Natural NZ Site does not sell products directly to consumers. Instead, the Site provides links to authorised retailers where you may purchase K9 Natural and Feline Natural products. K9 Natural Food Limited is not a party to any transaction you enter into with a retailer and is not responsible for:

  • the availability, pricing, or stock levels of products listed by any retailer;
  • the terms and conditions, returns policies, or customer service practices of any retailer;
  • any loss or damage arising from your purchase through a retailer; or
  • the accuracy of product information displayed on any third-party retailer website.

Your purchase from any retailer is governed solely by that retailer’s terms and conditions. We encourage You to review the relevant retailer’s terms before making a purchase.

Content

As between You and K9 Natural Food Limited, K9 Natural Food Limited owns or licenses all information and materials, including logos, designs, titles, phrases, product names, images, illustrations, icons, photographs, and the copyrights, trademarks, and other intellectual property rights associated therewith, in or made available through the Site (“Site Content”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Content. All Site Content is protected pursuant to copyright, trademark, patent, and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Content. As between You and K9 Natural Food Group, all names, trademarks, symbols, slogans, or logos appearing on the Site are the property of K9 Natural Food Group or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited. Under no circumstances will You have any rights of any kind in or to the Site Content, other than the right to use the Site Content in accordance with these Terms.

Certain features of the Site may allow You to contribute feedback and other information to the Site for access, use, viewing, and commentary by other users of the Site (collectively, “Comments”). By posting Comments, You represent that You have the full legal right to provide the Comments and that use of the Comments by K9 Natural Food Limited on the Site, and all other persons and entities, will not:

  • infringe any intellectual property rights or other legal rights of any person or entity, including as a result of your failure to obtain consent to post personal information about a person;
  • violate any law; or
  • constitute the disclosure of any confidential information owned by K9 Natural Food Limited or any third party.

You must not use Comments for posting or disseminating any material unrelated to the use of Our Site, including (without limitation) the offer of goods or services for sale, files that may damage any other person’s computing devices or software, or content that may be offensive to any other users of the Site.

Upon your submission of Comments or other material or information to K9 Natural Food Limited, You grant K9 Natural Food Limited a worldwide, perpetual, irrevocable, and transferable license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the Comments, all without any compensation to You whatsoever. K9 Natural Food Limited shall be under no obligation to maintain any Comments in confidence, to compensate You in any way for your Comments, or to respond to any Comments.

Modifications to the Site

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.

Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at Our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to Our Site. It is your responsibility to check Our Site periodically for changes. Your continued use of or access to Our Site following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Errors, Inaccuracies, and Omissions

Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, promotions, or availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. We cannot and do not review all Comments, communications, or other content made available on or through the Site, but may review, verify, make changes to, or remove any Comments or Site Content at any time, with or without notice in Our sole discretion.

Disclaimers and Warranties

K9 Natural Food Limited expressly disclaims, to the fullest extent permitted by law, any express or implied warranties:

  • that the Site, Services, Site Content, advice, information, or links provided on the Site will meet your requirements;
  • that the Services will be uninterrupted, timely, secure, or free from error;
  • that defects in the operation or functionality of any software provided to You as part of the Services will be corrected;
  • regarding the Site Content, advice, information, or links provided by any third parties or users; or
  • that the Site will be error-free or that any errors will be corrected.

No advice or information, whether oral or written, obtained by You from the Site shall create any warranty not expressly stated in these Terms.

We do not guarantee that any information sent to or from Our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to Us via the Site including Personal Information. K9 Natural Food Limited assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any communication; or any problems or technical malfunction of any network, computer systems, servers, software, or equipment related to your use of the Site.

No conditions, warranties, or other terms (including any implied terms as to satisfactory quality, fitness for purpose, or conformance with description) apply to the Site, Site Content, and/or Services except to the extent that they are expressly set out in these Terms or required by the Consumer Guarantees Act 1993 or Fair Trading Act 1986.

Third-Party Links

The contents of Our Site include links to third-party materials, including retailer websites. We will not be responsible for the content of any linked sites or liable for any direct or indirect loss or damage suffered by You from accessing, using, relying on, or trading with third parties. The linked sites are provided to You only as a convenience, and the inclusion of any linked site does not imply any endorsement of it by Us or any association with its operators. We reserve the right to prohibit links to Our Site and You agree to remove or cease any link on Our request.

Limitation of Liability

In no event will K9 Natural Food Limited be liable for damages other than actual and direct damages proven in a court of law. In no event shall K9 Natural Food Limited’s liability exceed the price You paid for the Product or Service that is the subject of the claim. If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the total liability of K9 Natural Food Limited and its agents or representatives shall not exceed double the value of the order in question.

Without limiting the foregoing, You understand and acknowledge that K9 Natural Food Limited shall not be liable to You for any indirect, incidental, consequential, punitive, or exemplary losses which may be incurred by You, including any loss of profit, any loss of goodwill or business reputation, or any loss of data suffered by You.

The limitations on K9 Natural Food Limited’s liability to You in this section shall apply whether or not K9 Natural Food Limited has been advised of or should have been aware of the possibility of any such losses arising.

If You are dissatisfied with the Site, the Services, or the Terms, your sole and exclusive remedy is to discontinue using the Site and Services.

Indemnity

You agree to defend, indemnify and hold harmless K9 Natural Food Limited, its officers, directors, members, employees, agents, affiliates, licensors, and suppliers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from:

  • your use of and access to the Site and Services;
  • your breach of any of these Terms, including the Privacy Policy;
  • your breach of any third party rights, including without limitation any intellectual property or privacy rights; or
  • the use by any other persons accessing this Site using your account.

This section will survive these Terms and your use of the Site and Services. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You hereunder, and You shall cooperate in all reasonable respects in such defense. You may not settle any claim contemplated in this section without the prior written consent of K9 Natural Food Limited.

User Comments, Feedback, and Other Submissions

You understand that the technical processing and transmission of any Site Content and Comments may be transferred unencrypted and involve transmissions over various networks.

If, at Our request, You send certain specific submissions 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 may, but have no obligation to, monitor, edit or remove content that We determine in Our sole discretion to be 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 another personal or proprietary right. You are solely responsible for any comments You make and their accuracy.

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:

  • for any unlawful purpose;
  • to solicit others to perform or participate in any unlawful acts;
  • to violate any international, national, or local regulations, rules, laws, or ordinances;
  • to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • to submit false or misleading information;
  • to upload or transmit viruses or any other type of malicious code;
  • to collect or track the personal information of others;
  • to spam, phish, pharm, pretext, spider, crawl, or scrape;
  • for any obscene or immoral purpose; or
  • to interfere with or circumvent the security features of the Service or any related website or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

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 of Service are effective unless and until terminated by either You or Us. You may terminate these Terms of Service at any time by notifying Us that you no longer wish to use Our Services, or when you cease using Our Site.

If in Our sole judgment, You fail, or We suspect that You have failed, to comply with any term or provision of these Terms of Service, We also may terminate this agreement at any time without notice.

Personal Information

Your submission of Personal Information through the Site is governed by Our Privacy Policy, which can be viewed on the Site.

Complaint Procedure

If you believe that any content, Comment, or posting on the Site violates your intellectual property or other rights, please notify K9 Natural Food Limited by email at info@k9felinenatural.com with a comprehensive detailed message setting forth the following information:

  • your name and the name of your company, if any;
  • your contact information, including your email address;
  • the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint; and
  • the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”

Dispute Resolution

Any dispute arising out of the Terms shall be resolved in the following manner. First, either You or K9 Natural Food Limited shall notify the other of the nature of the dispute by email or letter. Upon receipt of the notice, the parties will negotiate in good faith. If a satisfactory resolution is not reached within 10 working days, then either party may refer the matter to arbitration.

Arbitration shall be held in Christchurch, New Zealand, or another such place as K9 Natural Food Limited elects. Upon receipt of the notice to arbitrate, K9 Natural Food Limited will attempt to agree with You on the person to be appointed as the arbitrator. Failing agreement within 5 working days, either party may apply to the President of the New Zealand Law Society for the appointment of the arbitrator. Unless the arbitrator makes a contrary award, the parties shall equally bear the costs of the arbitration and will each bear their own legal costs. The arbitrator may make any order he or she sees fit, provided that the liability of K9 Natural Food Limited may not exceed the limits set out in the Limitation of Liability clause.

Miscellaneous

These Terms, including the Privacy Policy, constitute the whole legal agreement between You and K9 Natural Food Limited and govern your use of the Site and completely replace and supersede any prior agreement, understanding, arrangement, undertaking or proposal, written or oral, between You and K9 Natural Food Limited in relation to such matters. In the event any other rule, code of conduct, or other matter posted on the Site conflicts with the terms of these Terms, these Terms shall govern.

You agree that if K9 Natural Food Limited does not exercise or enforce any legal right or remedy which is contained in these Terms, this will not be taken to be a formal waiver of K9 Natural Food Limited’s rights and that those rights or remedies will still be available to K9 Natural Food Limited. If any provision of these Terms is declared to be invalid, then the remaining provisions will continue to be valid and enforceable.

The Site is controlled and operated from within New Zealand. K9 Natural makes no representation that the Site, Site Content, Comments, services, information, or other materials available on, in, or through the Site are appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from outside New Zealand do so at their own risk and are responsible for compliance with applicable laws.

Mobile Terms of Service

The K9 Natural NZ mobile message service (the “Service”) is operated by K9 Natural Food Limited (“K9 Natural”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to K9 Natural’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of K9 Natural through your wireless provider to the mobile number you provided. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., account alerts). Promotional messages may include promotions, specials, and other marketing offers.

You understand that you do not have to sign up for this programme in order to make any purchases, and your consent is not a condition of any purchase with K9 Natural. Your participation in this programme is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details.

You may opt-out of the Service at any time. Text the single keyword command STOP to opt out or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you.

For Service support or assistance, email info@k9felinenatural.com.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

Contact Information

Questions about the Terms of Service should be sent to us at info@k9felinenatural.com. Our contact information is posted below.

K9 Natural
c/o K9 Natural Food Limited
305 Lincoln Road
Christchurch 8024
New Zealand

03 342 6380

NZBN: 9429032324938
GST: 101 970 523