Terms of Service

Please read these terms carefully before using our website. By using our services, you agree to be bound by these terms.

Last Updated: January 2024

Introduction

Welcome to ApiHealth ("we," "our," "us"). These Terms of Service ("Terms") govern your access to and use of our website, products, and services. By accessing or using our website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services. These Terms constitute a legally binding agreement between you and ApiHealth.

Acceptance of Terms

By accessing, browsing, or using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you must not use our website or services. Your use of our website constitutes your acceptance of these Terms and your agreement to comply with them. These Terms apply to all visitors, users, and others who access or use our website.

Modifications to Terms

We reserve the right to modify, update, or change these Terms at any time without prior notice. Any changes will be effective immediately upon posting on this page. Your continued use of our website after any modifications constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically to stay informed of any changes. If you do not agree to the modified Terms, you must discontinue your use of our website. The "Last Updated" date at the top of this page indicates when these Terms were last revised.

Eligibility and Account Registration

To use our website and services, you must be at least 18 years of age or the age of majority in your jurisdiction, whichever is greater. By using our website, you represent and warrant that you meet this age requirement. When creating an account, you agree to: • Provide accurate, current, and complete information • Maintain and promptly update your account information • Maintain the security of your password and account • Accept responsibility for all activities that occur under your account • Notify us immediately of any unauthorized use of your account You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. We reserve the right to refuse service, terminate accounts, or remove content at our sole discretion.

Products and Services

We offer various health and wellness products, including but not limited to Manuka honey, supplements, and related products. We strive to provide accurate descriptions, images, and pricing information for all products. However, we do not warrant that product descriptions, images, or other content on our website are accurate, complete, reliable, current, or error-free. • Product Availability: Product availability is subject to change without notice. We reserve the right to limit quantities and discontinue products at any time. • Pricing: All prices are listed in the currency specified and are subject to change without notice. We reserve the right to correct pricing errors. • Product Information: While we make every effort to display accurate product information, we do not warrant that product descriptions or other content is error-free. • Product Use: Products are intended for personal use only. You agree to use products in accordance with their intended purpose and all applicable laws and regulations.

Orders and Payment

When you place an order through our website, you are making an offer to purchase products subject to these Terms. We reserve the right to accept or reject any order for any reason, including but not limited to product availability, errors in pricing or product information, or suspected fraud. • Order Acceptance: Your order is an offer to purchase, which we may accept or reject. Order confirmation does not constitute acceptance. • Payment: Payment must be made at the time of order placement. We accept major credit cards and other payment methods as displayed on our website. All payments are processed securely through third-party payment processors. • Pricing: Prices are subject to change without notice. You will be charged the price displayed at the time of order placement. • Taxes: You are responsible for all applicable taxes, duties, and fees associated with your purchase. • Payment Authorization: By providing payment information, you authorize us to charge the specified amount to your payment method.

Shipping and Delivery

We ship products to addresses within the United States and internationally, subject to availability and restrictions. Shipping terms are as follows: • Shipping Methods: We offer various shipping options. Shipping costs and estimated delivery times are displayed during checkout. • Delivery Address: You are responsible for providing accurate shipping information. We are not liable for delays or failures due to incorrect addresses. • Risk of Loss: Risk of loss and title for products pass to you upon delivery to the carrier. • International Shipping: International orders may be subject to customs duties, taxes, and fees, which are the responsibility of the recipient. • Delays: We are not responsible for delays caused by carriers, customs, or other factors beyond our control. • Tracking: Order tracking information will be provided when available.

Returns and Refunds

We want you to be satisfied with your purchase. Our return and refund policy is as follows: • Return Period: Returns are accepted within 30 days of delivery, subject to the conditions below. • Return Conditions: Products must be unopened, unused, and in their original packaging. Some products may not be eligible for return due to health and safety regulations. • Return Process: To initiate a return, please contact our customer service team. We will provide return instructions and a return authorization number. • Refunds: Refunds will be processed to the original payment method within 5-10 business days after we receive and inspect the returned product. • Return Shipping: Return shipping costs are the responsibility of the customer unless the return is due to our error. • Damaged or Defective Products: If you receive a damaged or defective product, please contact us immediately for a replacement or refund.

User Conduct and Prohibited Activities

You agree to use our website and services only for lawful purposes and in accordance with these Terms. You agree not to: • Violate any applicable laws, regulations, or third-party rights • Infringe upon intellectual property rights of others • Transmit any harmful, offensive, or illegal content • Attempt to gain unauthorized access to our systems or networks • Interfere with or disrupt the operation of our website • Use automated systems to access our website without permission • Impersonate any person or entity • Collect or harvest information about other users • Engage in any fraudulent, abusive, or harmful activities • Use our website to compete with us or for any commercial purpose without our express written consent Violation of these terms may result in termination of your access and legal action.

Intellectual Property Rights

All content on our website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and software, is the property of ApiHealth or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws. • Ownership: All intellectual property rights in our website and content remain our property or that of our licensors. • Limited License: We grant you a limited, non-exclusive, non-transferable license to access and use our website for personal, non-commercial purposes. • Restrictions: You may not reproduce, distribute, modify, create derivative works, publicly display, or commercially exploit any content without our express written permission. • Trademarks: ApiHealth and our product names are trademarks of ApiHealth. You may not use our trademarks without our prior written consent. • User Content: By submitting content to us (reviews, comments, etc.), you grant us a non-exclusive, royalty-free license to use, modify, and display such content.

Disclaimers and Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR WEBSITE AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. • No Warranties: We do not warrant that our website will be uninterrupted, secure, or error-free, or that defects will be corrected. • Product Disclaimer: We do not warrant that product descriptions, images, or other content is accurate, complete, or current. • Health Claims: Our products are dietary supplements and are not intended to diagnose, treat, cure, or prevent any disease. Consult with a healthcare professional before using our products. • Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY. • Maximum Liability: Our total liability for any claims arising from your use of our website or products shall not exceed the amount you paid to us in the 12 months preceding the claim.

Indemnification

You agree to indemnify, defend, and hold harmless ApiHealth, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: • Your use of or access to our website or services • Your violation of these Terms • Your violation of any third-party rights, including intellectual property rights • Your violation of any applicable laws or regulations • Any content you submit, post, or transmit through our website • Your negligence or willful misconduct This indemnification obligation will survive the termination of these Terms and your use of our website.

Termination

We reserve the right to terminate or suspend your access to our website and services immediately, without prior notice or liability, for any reason, including but not limited to: • Your breach of these Terms • Your violation of any applicable laws or regulations • Your engagement in fraudulent, abusive, or illegal activities • Your failure to pay for products or services • At our sole discretion, for any other reason Upon termination, your right to use our website will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability. You may also terminate your account at any time by contacting us or using account deletion features.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions. • Jurisdiction: Any disputes arising from these Terms or your use of our website shall be subject to the exclusive jurisdiction of the courts located in Auckland, New Zealand. • Dispute Resolution: Before filing a claim, you agree to contact us to attempt to resolve the dispute informally. If we cannot resolve the dispute within 60 days, you agree to resolve disputes through mediation or the Disputes Tribunal of New Zealand, as applicable. • Class Action Waiver: You agree that any disputes will be resolved individually and not as part of a class action. • Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect. • Consumer Guarantees Act: Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Consumer Guarantees Act 1993 (New Zealand) or any other applicable consumer protection legislation.

Miscellaneous Provisions

These Terms constitute the entire agreement between you and ApiHealth regarding your use of our website and supersede all prior agreements and understandings. • Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and us. • Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. • Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. • Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. • Force Majeure: We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control. • Contact: For questions about these Terms, please contact us using the information provided in the "Contact Us" section.

Contact Us

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us: • Email: info@apihealth.com • Phone: +64-9 271-6104 • Address: ApiHealth NZ Ltd, 52B Stonedon Drive, East Tamaki, Auckland, 2013, New Zealand • Postal Address: P.O Box 58049, Botany, Auckland, 2163, New Zealand Business Hours: Monday - Friday, 9:00 AM - 5:00 PM NZST We will respond to your inquiry within a reasonable timeframe and assist you with any questions or concerns.

Important Legal Notice

These Terms of Service are a legally binding agreement. By using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our website or services. We recommend that you review these Terms periodically, as they may be updated from time to time. If you have any questions about these Terms, please contact us before using our services.