Legal Notice and Disclaimer
Important, please read carefully.
By visiting and using the information at this web site, you agree to the following:
1. Information Provided For Evaluation Purposes OnlyHarker Herbal Products Ltd (hereafter referred to as HHPL) provides the information available at this site for the evaluation of Malcolm Harker products and ingredients only.
The company is not engaged in rendering medical advice or professional services. Information available at this site should not be used for diagnosing or treating a health problem or disease. Nor should the information replace the advice of your doctor or health care practitioner.
Always consult your healthcare provider if suffering an illness or accident to review your treatment options.
2. Always Check the InformationInformation at this site:
- is general information provided for evaluation purposes only and is not a substitute for professional care;
- is continually being updated and is subject to change without notice and should never be relied on as the basis for doing or failing to do something.
3. Copyright and Trade MarksCopyright on the information available in this site, including literary works, artistic works and photographs, is owned by HHPL unless stated otherwise.
Trademarks used on this site in relation to Malcolm Harker and Malcolm Harker products are trade marks of HHPL or the registered proprietor of the relevant trade mark and may not be copied, downloaded, reproduced, modified, or distributed in any way (except as an integral part of an authorised copy of material appearing at this site) without prior permission. Malcolm Harker trade marks may not be used for meta-tagging or to attract users to any other Internet site by any other means.
4. Limited Authorisation to ReproduceAny person may reproduce any portion of the information available at this site subject to the following conditions:
You may download or print a single copy of copyrighted information found on this site for research or personal use only, but not for any commercial or other purpose, nor shall you republish it on the Internet or in any other form; you must not change any of the information at this site or remove any part of any copyright notice.
5. Links are not EndorsementsWhile links to and frames of this site are permitted, HHPL reserves the right to prevent linking or framing. Links and frames connecting this site with other sites are for convenience only and do not mean that HHPL endorses or approves those other sites, their content or the people who run them.
6. Questions and CommentsIf you have any questions, comments or corrections about any of the information at this site, please contact us. It is to be understood that you disclaim and waive all rights in any ideas or suggestions that you submit to HHPL. You further agree that HHPL will be free to use those ideas or suggestions in any way without any obligation to you and you warrant that you are free to disclose the same without obligation to any other party.
7. Beware Security RisksPlease note:
- transmissions to and from this site may be intercepted and modified by third parties;
- files obtained from or through this site may contain computer viruses or other defects.
We recommend that you have a reliable and up to date security program installed and activated on your computer before visiting any Website.
8. No LiabilityNo warranty or guarantee of a cure is expressed or implied with any information at this site, nor does HHPL make any representations regarding the use or the results obtained with the information.
In no event shall HHPL, its employees or associates be liable to any person or individual for any loss or damage whatsoever which may arise from the use of this site or any of the information available at this site. Any advice is to be used at your own discretion.
9. LinksThe Malcolm Harker web site provides links to web sites outside of the Malcolm Harker site.
These linked sites are not under the control of HHPL, and we are not responsible for the conduct of companies linked to our web site.
Before disclosing your personal information on any other web site, we advise you to examine the Terms and Conditions of those web sites.
IntroductionThese terms and conditions apply each time any person (“Customer”) purchases any item (“Product”) offered for sale by Harker Herbal Products Limited (“Seller”) on this website. Please read them carefully. By checking the box which appears under the delivery details and proceeding with the purchase of any Product, you confirm that you have read these terms and conditions and that you accept that they apply.
Log-inThe Customer will be liable for every order made under the Customer’s log-in, whether or not the Customer made the order personally.
PricesThe prices of products are displayed in New Zealand currency and are inclusive of GST and any other sales tax.
Seller reserves the right to vary the prices of the Products at any time without notice.
Product AvailabilityAll products are offered for sale while stocks last. No assurance can be given that any Product ordered will be available at the time of order, although Seller will endeavour to update the website when stocks of Products run out.
Seller will refund, using the method in which the Customer originally paid, where Seller is unable to supply any Product for any reason. If more than one Product is ordered, Seller will send the Products which are in stock and will refund, using the method in which the Customer originally paid, any payment for out of stock Products less the courier and handling fee. Apart from such refund, under no circumstances will Seller be liable to any person if Seller is unable or declines to supply any Product for any reason whatsoever.
Seller reserves the right to limit quantities.
Payment PolicySeller may from time to time set credit limits for individual Customers.
The Customer will be liable for all costs associated with debt collection where the Customer fails to make payment for any Product ordered.
Seller may change at any time the way in which the Customer pays for Products. Any change will be notified to the Customer.
Courier, Packaging and Handling ChargesWhere amounts for courier, packaging and/or handling charges are specified (whether alongside the relevant Product or otherwise) Seller may charge such amount in addition to the price of the Products purchased.
DeliverySeller will use reasonable endeavours to deliver the Products to the delivery address designated by the Customer within 2-5 days of the date of order nationwide, and 5-15 days for international, depending on its destination. However, Seller will not be liable for failure to deliver within that period whether the delay has been due to causes beyond the control of Seller or otherwise.
Seller will only deliver Products by courier to street addresses within New Zealand.
Seller does not deliver to the USA and Canada.
If the Customer does not specify a secure place for the Product to be left at the designated street address (should there be no-one be at the address at the time of delivery) the Products will be left at designated address in a place selected by the courier (at its sole discretion).
Delivery shall be deemed to take place at the time that the Products have been left at the designated address, whether or not the Customer accepts delivery in person.
Property and risk in the Products shall pass to the Customer upon delivery. Seller shall not be liable in the event of loss, theft or damage after delivery and will not replace any goods lost, damaged or stolen after delivery.
In the event that the street address designated by the Customer does not correspond to a physical address, the Products which were to be delivered will be stored by Seller for a period of not less than 90 days from the date of order. If the Customer fails to claim the Products during such 90 day period, Seller shall have the right to sell, destroy or otherwise dispose of the Products without any liability to the Customer to replace or substitute the Products or refund the price paid for them.
WarrantiesProducts which are faulty or damaged at the time of delivery will be replaced or a full refund made, using the method in which the Customer originally paid, if returned to Seller within 30 days or order confirmation or where statutory warranties otherwise apply. Please include a brief explanation of the fault with your returned Product.
Except as provided in the Consumer Guarantees Act 1993, all other warranties, descriptions, representation or advice given as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise, are expressly excluded. No agent or representative of Seller is authorised to make any warranties, representations or unauthorised warranties, representations or statements.
The Customer acknowledges that where the Products are ordered for business purposes (as that term is defined in the Consumer Guarantees Act 1993), the provisions of that Act shall not apply to the sale of the Products by Seller.
LiabilityThe liability of Seller whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the Products or any other breach of Seller’ obligations hereunder shall not in any event exceed an amount equivalent to the price of the Product.
Seller shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever (including loss of income or profits) nor shall Seller be liable for any damage or loss caused by the Customer’s servants, agents, buyer or other persons whatsoever.
DisclaimerInformation provided by Seller about any Product or more generally in relation to herbal remedies, nutrition and health including information on or in Product labelling and/or packaging, on this website or in Product literature (“Information”) is provided for education and information purposes only. The Information is not intended as a substitute for medical advice or care from a doctor or other qualified health care professional. The Products are not intended to be used to treat, cure or prevent any health problems or disease, and are manufactured for nutritional purposes only.
While Seller will make reasonable efforts to provide reliable Information, Seller gives no representation or warranty (express or implied) that: the Information is accurate, complete and/or up-to-date; the Information complies with any laws, rules, regulations, procedures, codes or governmental directives in any country other than New Zealand; or that use of any Product will have any particular effect and/or result; or that Product formulations will not change.
Governing LawAll contracts for the sale of goods and/or services are governed by New Zealand law, and are subject to the non-exclusive jurisdiction of the New Zealand courts.
Variations to these Terms and ConditionsSeller may, at any time, vary these terms and conditions.
How do we collect personal information?Visitors may submit personal information when purchasing products from this website or by making contact with us to obtain information and/or ask questions.
What do we do with the information?Information collected will be used to operate the site and for Harker Herbal Products Limited’s. It is confidential to Harker Herbal Products Limited and its agencies.
Although we have implemented security measures in relation to personal information provided to or obtained from our site, the Internet is inherently insecure and you acknowledge that we cannot provide any definitive assurance regarding security of that information. We will not be liable in any way in relation to any breach of security or unintended loss or disclosure of that information. However, we will not intentionally disclose, and will use reasonable endeavours to prevent the disclosure of, personal information provided by you to us, except to the extent:
- Required for the operation of this website;
- Required by law or permitted under the Privacy Act; or
- You agree to disclosure.
Links to other sitesWe may offer links to other sites, and try to link only with sites that share our values. Nevertheless, we are not responsible for the content or information collection policies of other sites. If you visit another site, you should review their privacy and other policies.
Can I access my personal information?You have the right, under the Privacy Act, to request:
- Access to any personal information about you that we hold; and
- To request correction of any personal information about you that we hold.
Who should I contact if I have any questions or requests?If you have any questions, or you would like us to update, change or delete information we have about you, please contact us at firstname.lastname@example.org. You may also write, fax or call us at:
Harker Herbal Products Ltd
31 The Centre, Waipu 0510, Northland
p. (09) 432 0965
f. (09) 432 1025
All prices are in NZD and including GST.