1. TERMS AND CONDITIONS
Welcome to Comvita Limited’s (“Comvita”) website. These Terms and Conditions apply to your use of:
(a) The Comvita website at www.comvita.com (“Website”); and
(b) Any other social media website or page, containing pages or content established by, or associated with Comvita, including, but not limited to:
(i) www.facebook.com; and
(ii) www.twitter.com (“the Internet Sites”).
By using any one or more of the Internet Sites you are deemed to have read and agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must cease accessing the Internet Sites immediately.
Comvita USA Inc. is committed to protecting your privacy, and respects and upholds the rights of individuals to privacy protection in relation to their personal information. These principles regulate how Comvita collects, stores, uses and discloses personal information about you and other individuals.
(a) the Comvita website at www.comvita.com (“Website”); or
(b) any other social media website or page, containing pages or content established by or associated with Comvita, including but not limited to:
(i) Facebook and
Comvita may collect the following types of personal information:
(b) mailing or street address;
(c) email address;
(d) telephone number;
(e) facsimile number;
(f) age or date of birth;
(h) place of employment or company details;
(i) profession, occupation or job title;
(j) credit information;
(k) details of the products and services you have purchased from Comvita or which you have enquired about, together with any additional information necessary to deliver those products and services and to respond to your enquiries;
(l) any additional information relating to you that you provide to Comvita directly through the Internet Sites or indirectly through use of the Internet Sites or Comvita’s online presence, through Comvita representatives or otherwise; and
(m) information you provide to Comvita through our customer service centre, customer surveys or visits by our representatives from time to time.
Comvita collects your personal information directly from you unless it is unreasonable or impracticable to do so. When collecting personal information from you, Comvita may collect in ways including:
(a) through your access and use of the Internet Sites;
(b) during conversations between you and our representatives;
(c) when you complete an application or purchase order;
(d) when you complete an application for credit form; or
(e) when you enter a promotion.
Comvita may also collect personal information from third parties including:
(a) from third party companies such as credit reporting agencies, law enforcement agencies and other government entities.
Whenever you access any of the Internet Sites Comvita will, and is entitled to, automatically collect the following types of information from you:
(a) information from cookies (see further at section 6 below);
(b) the IP address of your machine when connected to the Internet and the domain name from which you are accessing the Internet;
(c) the operating system and the browser your computer uses and any search engine you are using;
(d) the date and time you are visiting; and
(e) the URLs of the pages you visit.
Additional to automatically collected information set out above, Comvita may collect personal information and other information posted by you explicitly on the Internet Sites including personal information such as:
(a) your name, gender, email address and other personal details such as a telephone number; and
(b) any other comments, statements or interactions posted as a post or otherwise.
Comvita may also collect some information that is not personal information because it does not identify you or anyone else. For example, Comvita may collect anonymous answers to surveys or aggregated information about how users use the Internet Sites.
Comvita also reserves the right to collect more extensive information where it deems such action is appropriate, such as in the case of any security concerns which may arise. Unless it is unreasonable or impracticable to do so, personal information will only be obtained directly from you.
You acknowledge that by accessing the Internet Sites information may be collected from you as a result of the workings of the Internet Sites and the attached systems and software.
2.2 Social Media
Comvita’s Facebook page is set to the “everyone” setting in accordance with Facebook’s terms and conditions. This means that information you post is publically available and may be accessed by everyone on the Internet, be indexed by third party search engines and be imported, exported, distributed and redistributed by Comvita and others, without privacy limitations.
In posting a Post on any of the Internet Sites, you are deemed to consent to Comvita publishing or otherwise using that Post for marketing and other purposes. This includes the content from any feedback form submitted by you on the Internet Sites.
Comvita will not provide personal information provided by you to any third party for their use in marketing their products or services to you without your consent. However, Comvita does not control the use of such information by Facebook, Twitter or other social media websites.
Comvita makes no representations or warranties as to the privacy practices of Facebook, Twitter or other social media websites, and is not responsible for the privacy policies of such websites. Comvita recommends that you examine the privacy policies of Facebook, Twitter and other social media websites to understand their respective procedures for collecting, using and disclosing personal information.
Cookies are alpha numeric identifiers which are transferred to your computer’s hard drive through your web browser to enable Comvita to recognise your computer whenever you access the Internet Sites and therefore better personalise your access of the Internet Sites. Cookies also enable Comvita to keep track of products or services that you view so that, if you consent, Comvita can send you information about those products or services.
Comvita may log IP addresses (that is, the electronic addresses of computers connected to the Internet) to analyse trends, administer the Internet Sites, track users movements and gather broad demographic information.
2.4 Consequences of Not Providing Comvita with Your Personal Information
(a) Comvita may not be able to provide the requested products or services to you, either to the same standard or at all;
(b) Comvita may not be able to provide you with information about products and services that you may want, including information about discounts, sales or special promotions;
(c) you may not be able to take full advantage of the Internet Sites and the range of products and services offered by Comvita; or
(d) Comvita may be unable to tailor the content of the Internet Sites to your preferences and your experience of the Internet Sites may not be as enjoyable or useful.
2.5 Purposes of Comvita's Collection, Holding, Using and Disclosing Your Personal Information
Comvita collects personal information about you so that Comvita can perform its business activities and functions and to provide best possible quality of customer service. Comvita collects, holds, uses and discloses your personal information for the following purposes:
(a) to provide products and services to you and to send communications requested by you;
(b) to answer enquiries and provide information or advice about existing and new products or services;
(c) to provide you with access to protected areas of the Website;
(d) to assess the performance of the Internet Sites, improve the operation of the Internet Sites, analyse trends, administer the Internet Sites, track users’ movements and gather broad demographic information;
(e) to conduct business processing functions including providing personal information to Comvita’s related bodies corporate, contractors, service providers or other third parties;
(f) for the administrative, marketing (including direct marketing), planning, product or service development, quality control and research purposes of Comvita, its related bodies corporate, contractors or service providers;
(g) to provide your updated personal information to Comvita’s related bodies corporate, contractors or service providers;
(h) to update Comvita’s records and keep your contact details up to date;
(i) to process and respond to any complaint made by you; and
(j) to comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator, or in co-operation with any governmental authority of a country.
2.7 Security and Data Transmission
Comvita takes reasonable steps to ensure your personal information is protected from misuse and loss and from unauthorised access, modification or disclosure. Comvita may hold your information in either electronic or hard copy form. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure.
Whilst Comvita strives to protect such information, Comvita does not warrant, and cannot ensure complete security of any information which you transmit to Comvita online. Accordingly, any personal information or other information which you transmit to Comvita is transmitted at your own risk.
Comvita also cannot guarantee that the information you supply will not be intercepted while being transmitted over the internet. Nevertheless, once Comvita receives your transmission, Comvita will take reasonable steps to ensure your personal information is protected from misuse and loss and from unauthorised access, modification or disclosure.
Where personal information Comvita holds is no longer needed, Comvita will destroy the information or permanently de-identify it.
2.8 Disclosing Information
You agree that Comvita may disclose any personal information it collects about you to:
(a) Comvita’s employees, related bodies corporate, contractors or service providers for the purposes of operating the Internet Sites, fulfilling requests by you, and to otherwise provide products and services to you including, without limitation, web hosting providers, cloud hosting providers, IT systems administrators, mailing houses, couriers, payment processors, data entry service providers, electronic network administrators and professional advisors, such as accountants, solicitors, business advisors and consultants;
(b) suppliers and other third parties with whom Comvita has commercial relationships for business, marketing and related purposes;
(c) debt collection and credit reference agencies to recover any money you owe to Comvita and to exercise any lawful right Comvita, its related bodies corporate or debt collection and credit reference agencies may have; and
(d) any organisation for any authorised purpose with your express consent.
You also authorise any person to provide Comvita with such information as Comvita may require in response to credit enquiries. You agree that Comvita is entitled to disclose personal information and other information it holds about you without your prior permission if Comvita reasonably believes that such disclosure is necessary to:
(a) conform to legal requirements;
(b) comply with legal process or help to maintain the law;
(c) protect the rights or property of Comvita or its related bodies corporate; or
(d) enforce the Terms of Conditions of access to this Website.
Where Comvita discloses personal information to an enforcement body for enforcement related activities, Comvita will make a written record of that disclosure.
2.9 Overseas Disclosure of Personal Information
By providing Comvita with personal information or by using the Internet Sites, you consent to the transfer of that information outside the United States. Comvita may disclose your personal information to entitles located outside the United States including the following:
(a) Comvita’s related bodies corporate, located in New Zealand, Germany, Hong Kong, Japan, South Korea, Taiwan, the United Kingdom and the Australia
(b) Comvita’s data hosting and other IT service providers located in New Zealand and Singapore.
2.10 Combining Information
Comvita may combine any information which it collects from you with information collected from you by its related bodies corporate (within the United States).
2.11 Accessing and Correcting Stored Personal Information
You are entitled to request access to any personal information or other information which Comvita may hold about you by contacting Comvita using the details set out in section 20 below. Where Comvita holds information that you are entitled to access, Comvita will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you).
Comvita may charge you a fee to cover Comvita’s administrative and other reasonable costs in providing the information to you. Comvita will not charge for simply making the request and will not charge for making any corrections to your personal information.
There may be instances where Comvita cannot grant you access to the personal information Comvita holds. For example, Comvita may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. If that happens, Comvita will give you written reasons for refusal.
You are also entitled to request Comvita amend any personal information or other information which Comvita holds about you which is incorrect, incomplete or inaccurate. Comvita will consider if the information requires amendment. If Comvita does not agree that there are grounds for amendment then Comvita will add a note to the personal information stating that you disagree with it.
If you believe that your privacy has been breached, please contact Comvita’s Privacy Officer using the contact information at section 20 below and provide details of the incident so that Comvita can investigate it. Comvita requests that complaints about breaches of privacy be made in writing, so that Comvita can be sure about the details of the complaint.
Comvita’s Privacy Officer deals with privacy complaints and any complaints should be directed to the Privacy Officer using the contact details at section 20 below.
Comvita will attempt to confirm as appropriate and necessary with you your understanding of the conduct relevant to the complaint and what you expect as the outcome. Comvita will inform you whether Comvita will conduct an investigation, the name, title and contact details of the investigating officer and the estimated completion date for the investigation process.
After Comvita has completed its enquiries, Comvita will contact you, usually in writing, to advise the outcome and invite a response to Comvita’s conclusions about the complaint. If Comvita receives a response from you, Comvita will assess it and advise if Comvita has changed its view.
2.13 Links to Other Websites
This Website may contain links to other websites operated by third parties. Comvita makes no representations or warranties as to the privacy practices of any third party website and is not responsible for the privacy policies or content of any third party website.
2.14 Direct Marketing Materials
Comvita may send you direct marketing communications and information about Comvita’s products and services that Comvita consider may be of interest to you. These communications may be sent in various forms, including mail, SMS, fax and email, in accordance with the applicable marketing laws.
You consent to Comvita sending you those direct marketing communications by any of those methods. If you indicate a preference for a method of communication, Comvita will endeavour to use that method whenever practical to do so.
In addition, at any time you may opt-out of receiving marketing communications from Comvita by contacting Comvita (see details at section 20 below) or by using opt-out facilities provided in the marketing communications and Comvita will then ensure that your name is removed from Comvita’s mailing list. Comvita does not provide your personal information to other organisations for the purposes of direct marketing.
2.17 Contacting Us
Comvita will treat your requests or complaints confidentially. A Comvita representative will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options regarding how they may be resolved. Comvita will aim to ensure that your complaint is resolved in a timely and appropriate manner.
Please contact Comvita’s Privacy Officer at:
Privacy Officer Comvita USA Inc.
Post: PO Box 12353, Santa Rosa, CA 95406
Telephone: +61 7 3147 8900
Comvita reserves the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon being placed on the Website. Your continued use of the Internet Sites following such amendments being placed on the Website will represent an agreement by you to be bound by the Terms and Conditions as amended. Such amendments may include replacing these Terms and Conditions with entirely new Terms and Conditions.
4. INTELLECTUAL PROPERTY
Unless otherwise stated, Comvita is the owner of, or otherwise has the right to use, all copyright, trademarks and other intellectual property rights relating to Comvita, its subsidiaries, or the Goods on the Internet Sites. This includes without limitation all intellectual property rights in respect of all text, graphics, logos, images and any downloads that may be offered on the Internet Sites. Comvita’s ownership in such intellectual property is protected by both New Zealand and international law.
For the avoidance of doubt, Comvita®, PFL™, HDA™, Synergy 12 ™, Cof-EX®, huni®, Honeygar™ and Medihoney™ are trademarks of Comvita Limited or Comvita New Zealand Limited, and Comvita is lawfully entitled to use these trademarks.
Comvita grants you a limited license (“License”) for the purpose of learning about Comvita and its products, registering, ordering and paying for Comvita products, and making personal use of the Internet Sites. Any contravention by you of these Terms and Conditions terminates the License immediately.
Under no circumstances, without the prior written approval of Comvita, may you adapt, reproduce, store, distribute, print, display, publish or create derivative works from any part of the Internet Sites other than in accordance with the License. You shall not use any data gathering and extraction tools or software to extract information from the Internet Sites. You shall not frame or utilize framing techniques to enclose any of the contents of the Internet Sites without Comvita’s express prior permission. You may not use any meta-tags or other hidden text which incorporate Comvita’s name or any of its intellectual property including trademarks without Comvita’s express prior permission.
You agree to fully indemnify Comvita for any loss or damage it may suffer in contract, tort, equity, statue, regulation or otherwise, including without limitation any economic loss, loss of turnover, profits, business or goodwill, whether direct or consequential, in respect of any third party claims against Comvita its related parties, employees, contractors or agents, that may arise as a result of your breach of the License.
6. PROPRIETARY NOTICES
In the event that you are granted permission by Comvita to use any content from the Internet Sites other than for personal use, subject to any contrary agreement you reach with Comvita, you must ensure that all copyright, trademark and other proprietary notices contained in the content are retained.
While Comvita endeavours to take all reasonable and appropriate care in the preparation of the content on the Internet Sites and has no reason to believe that any information contained on the Internet Sites is inaccurate, Comvita does not warrant the accuracy, adequacy, or completeness of such information or that such information is error free.
Comvita does not undertake to keep the Internet Sites updated, Comvita does not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained on the Internet Sites including without limitation where such loss or damage is a result of or contributed to by the negligence of Comvita.
8. POSTING POLICY
The following provisions apply to any comments, statements, blogs, feedback or interactions that you wish to post and are posted (“Posts”) on any of the Internet Sites:
(a) Comvita reserves the right without notice or explanation to:
(i) not allow the posting of any specific Post; and
(ii) edit any specific Post; or
(iii) remove any Post;
(b) Personal abuse, foul language, inappropriate subject matter or discriminatory remarks of any nature will not be tolerated;
(c) You agree to indemnify Comvita on demand for any loss or costs of whatever nature suffered by Comvita whether direct or consequential as a result of any breach by you of the paragraphs a. and b. above.
9. INAPPROPRIATE POSTS
Comvita has very strict policies in place which govern Posts on the Internet Sites by users. These policies are intended to ensure that only fair, factual and accurate comments and statements are posted by users.
If you believe that any Post included on any of the Internet Sites is inaccurate or inappropriate then please contact us immediately and we will do our best to resolve the issue.
Comvita can be contacted in any of the following ways:
Post: Comvita USA Inc., PO Box 12353, Santa Rosa, CA 95406
Phone: +61 7 3147 8900
Unless explicitly stated otherwise the comments or statements posted on the Internet Sites by others do not represent the opinions of Comvita regardless of whether Comvita may have edited or formatted such comments or statements in the course of their being posted on the Internet Sites.
12. GENUINE OPINION
To the best of Comvita’s knowledge, all comments or statements made on the Internet Sites represent the genuine opinion of the authors of such comments or statements.
13. LINKED WEBSITES AND THIRD PARTY INFORMATION
The Internet Sites may contain links to other websites (“Linked websites”). Those links are provided for convenience only and may not remain current or be maintained. Comvita is not responsible for the content or privacy practices associated with linked websites.
Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by use of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites including further links contained on those Linked Websites, unless and to the extent stipulated to the contrary.
The Internet Sites may contain information which is obtained from third parties and which those third parties or Comvita may post on the Internet Sites from time to time. Such information is provided for convenience only and Comvita does not necessarily endorse the products or services referred to in the information.
Comvita requires that you obtain the prior written approval of Comvita before providing any link to the Website. Where such approval is given, you further agree that you will not use any Comvita logo, trademark or other proprietary graphic as part of such link without the express prior approval of Comvita.
You must take you own precautions to ensure that the process which you employ for accessing the Internet Sites, and/or downloading any information from the Internet Sites, does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system, telecommunication equipment or other property. Comvita does not accept responsibility for any interference or damage to your computer system or telecommunication equipment which may arise in connection with your use of the Internet Sites or any linked website.
16. EXCLUSION OF WARRANTY
To the fullest extent permitted by law, in relation to your access and use of the Internet Sites any condition or warranty either express or which would otherwise be implied by law into these Terms and Conditions is hereby excluded.
Comvita further notes that the information accessed through the Internet Sites is to inform you of Comvita’s range of products and their use. Comvita does not engage in offering professional medical or health advice. The information accessed through the Internet Sites is not intended to be complete or diagnose or treat a health problem or disease.
If you have a health problem or suspect you have a health problem please consult your health adviser.
17. EXCLUSION OF LIABILITY
Under no circumstances will Comvita, its employees or its agents be liable to you in contract, tort, equity, statue, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you or by any other third party, whether direct or consequential (including without limitation any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or brought against you which relate in any way to your access and use of the Internet Sites or in respect of any failure or omission on the part of Comvita to comply with its obligations as set out in these Terms and Conditions in respect of your access and use of the Internet Sites.
18. LIMITATION OF LIABILITY
In the event that any limitation or provision contained in these Terms and Conditions is held to be invalid or unenforceable for any reason and Comvita becomes liable for any loss or damage that would otherwise have been excluded, Comvita’s maximum liability in contract, tort, equity, statue, regulation or otherwise for any loss, damage or injury directly or indirectly arising in respect of your access and use of the Internet Sites is to be limited to $50 in US currency.
The Internet Sites are governed by and are to be interpreted in accordance with the laws of New Zealand and in all matters relating to or arising from your use of the Internet Sites, you agree to submit to the non-exclusive jurisdiction of the Courts of New Zealand.
20. SOCIAL NETWORKING SITES
In the event of any problem with the Internet Sites or any content, you agree that your sole remedy is to cease using the relevant Internet Site.
22. FAILURE TO COMPLY
Comvita accepts no liability for any failure to comply with these Terms and Conditions where such failure is due to circumstances beyond its reasonable control.
If Comvita waives any rights available to it under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these Terms and Conditions is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms and Conditions and the remaining Terms and Conditions shall continue in force.
In the case of a breach of these Terms and Conditions by you or any other person, Comvita is free to decide whether it wishes to take action for such breach, and if so when and how. Comvita will not be prevented by passage of time or any other matter, from exercising its rights.
26. NO ASSIGNMENT
You may not assign any of your rights or obligations pursuant to these Terms and Conditions.
All Comvita content on the Internet Sites is protected. Comvita Limited is either the owner or licensee of all rights to such content. All such rights are reserved.
If you have any queries in regard to these Terms and Conditions please don’t hesitate to contact Comvita.
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