Terms & Conditions
1) APPLICATION OF TERMS
1.1 These Terms apply to your use of the Website. By accessing and using the Website:
- you agree to these Terms; and
- where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
1.2 If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.
2) CHANGES
2.1 We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.
2.2 We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
2.3 These Terms were last updated on 28 July 2024.
3) OUR PRODUCTS
3.1 You can purchase Kyro products via the site.
3.2 We work hard to ensure that the colours, images and sizes of our products displayed on the site are as accurate as possible. However, we cannot guarantee that your device’s display of any colour, image or size of a product exactly reflects our actual Kyro products. We may also change our product descriptions at any time without notice.
3.3 Actual products: We have robust quality assurance and compliance procedures however the colours and flavours of each product may vary from batch to batch due to inconsistencies that may exist within the raw ingredients used for manufacture of each product.
3.4 Consumption of product at your own risk: You consume all products at your own risk. We recommend that you always read the product labels and follow the dosage directions prior to consumption or use, or as directed by your healthcare professional. If symptoms persist, or if you need medical advice related to our products, please consult an appropriately qualified healthcare professional.
3.5 Product availability: We may change what products are offered on the site and may limit the quantity of items that may be purchased from time to time by any person or geographic region, without prior notice. We may also alter the terms or duration of any special offers or sale promotion at our sole discretion. We are not responsible for any stock outages or unavailability of products and may discontinue any product at any time.
3.6 Prices: Prices are displayed on our website when you place your order. Prices are subject to change without notice. If an inaccurate price is displayed we are not required to sell the product at this price and will notify you of the correction required if you have purchased the product. You will either be able to pay the difference in price or receive a refund depending on the error in price displayed if you would like to continue with the purchase. You will be able to cancel the purchase if you do not accept the corrected price.
3.7 Shipping and cancellations terms as outlined on the website – these terms form part of these terms and conditions.
3.8 Subscription terms as outlined on the website – these terms form part of these terms and conditions.
4) YOUR OBLIGATIONS
4.1 You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
4.2 If you are given a User ID, you must keep your User ID secure and:
- not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
- immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to [insert contact email].
4.3 You must:
- not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
- unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method. [User note: If the Website includes sensitive data, you should consider whether you need to extend these restrictions.]
4.4 You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to [insert contact email].
4.5 You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.
5) INTELLECTUAL PROPERTY
We own all proprietary and intellectual property rights (or licence rights) in the Website (including all information, data, text, graphics, artwork, photographs, images, logos, icons, sound recordings, videos and look and feel).
6) DISCLAIMERS
6.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
- the Website being unavailable (in whole or in part) or performing slowly;
- any error in, or omission from, any information made available through the Website;
- any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
- any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
6.2 We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.
7) LIABILITY
7.1 To the maximum extent permitted by law:
- you access and use the Website at your own risk; and
- we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
7.2 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD100.
7.3 To the maximum extent permitted by law and only to the extent clauses 7.1 and 7.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed NZD100.
8) PRIVACY POLICY
8.1 You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website available to you. Any personal information provided is governed by our privacy policy.
9) SUSPENSION AND TERMINATION
9.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).
9.2 On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.
10) AGE RESTRICTION
10.1 You must be 18 years and over to use our Website.
11 GENERAL
11.1 If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
11.2 These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.
11.3 For us to waive a right under these Terms, the waiver must be in writing.
11.4 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.5, 5, 6, 9.1, continue in force.
11.5 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
11.6 These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.
12) DEFINITIONS
In these Terms:
a) Term: The Competition starts and finishes on the dates specified by Kyro at the time of entry. If your entry is received outside of this period it will not be a valid entry into the competition.
b) Prize: The prize(s) for the Competition (Prize) are not transferable or redeemable for cash and all components of the prizes must be taken together. Some or all components of the prizes may be subject to availability.
d) Number of entries: Unless otherwise specified, you may only enter the Competition once.
e) Winner: Unless otherwise specified, the winner(s) of the prize will be drawn randomly from one prize pool comprising all valid entries on the date specified by Kyro at the time of entry. Where there are multiple prizes, entrants will not win more than one prize. Where the winner is not determined by a random draw, all judging decisions are made by Kyro at its sole discretion.
f) Contacting the winner: The winner of the Competition will be announced after determination. Kyro will take reasonable steps to contact the winner by using the contact details provided at the time of entry. If Kyro cannot contact a winner within one week after the winner is announced or if the winner is otherwise unable to accept the prize, then the winner will forfeit the prize and Kyro may select a new winner.
g) Entries: By entering the Competition, you agree that Kryo may use your name for promotional purposes without compensation.
h) Privacy: Kyro may collect and use personal information about you in accordance with Kyro's privacy policy.
i) Liability: Subject to any applicable law that cannot be excluded, Kyro and its employees and agents will not be liable for any loss or damage (whether in contract, tort (including negligence), under statute, equity or otherwise in connection with the Competition or the prize(s)). Without limiting the previous sentence, Kyro is not responsible for any late, misdirected or incorrectly completed entries, or any technical malfunction, delay or loss of data that occurs in the course of the administration of the Competition, however caused.
j) Social Media: Where the Competition is run via social media, the Competition is not associated with the social media company and that company has no liability in connection with the Competition, and any information you provide in connection with the Competition.