terms of use

terms of use

Terms of Use

1.1 The website, located at Good-Chemistry.co.nz (Website), and the associated Platform known as GOOD CHEMISTRY PRIVATELABEL and/or www.privatelabelskincare.co.nz (Platform), are owned, and operated by GOOD CHEMISTRY.

1.2 By downloading, installing, displaying, or using the Website and/or Platform or its content or materials, you agree to be bound by the terms and conditions set out below (Terms of Use).

1.3 In these Terms of Use, a reference to "we" or "us" is a reference to GOOD CHEMISTRY

1.4 A reference to "you"or "your" in these Terms of Use is a reference to any person or company accessing, viewing, or using the Website or Platform, including a Registered User.

1.5 These Terms of Use also incorporate and include the GOOD CHEMISTRY Privacy Policy available at www.good-chemistry.conz/privacy

2. Registration and Use

2.1 You may use the Website and/or Platform to view information and material and particulate in our educational materials or purchase services products (Products).

2.2 In order to subscribe to purchase or use the Products, you will need to register as a user (Registered User)and create an account (Account). 

2.3 Creating an Account is limited to those over the age of sixteen (16) years. If you are aged under theage of sixteen years, you can only create an account with the permission of your parent or legal guardian. This permission must be sent to hello@good-chemistry.co.nz

2.3 You may only use the Website and Platform: (i) for personal use; (ii) as part of a community program approved by GOOD CHEMISTRY.

2.4 You may access the Website and Platform at any time, unless we have restricted access to perform necessary maintenance, updates, or upgrades. Your ability to access the Website and Platform will otherwise depend on factors outside our control and we do not guarantee that the Website and Platform will be available at all times or accept any responsibility for factors outside of our control such as the quality of your internet connection, the type of computer or mobile device used to access the Website or Platform and your software.

2.5 The Platform and the Website are currently available on devices running compatible internet browsers. If the requirements for any compatible internet browser or any additional system change, we decide to extend the availability of the Platform to change, you may need to download or perform updates if you would like to continue your use of the Platform or Website. We do not accept any responsibility if your use of the Platform is affected during this time.

2.6 You acknowledge that you have no rights in, or to, the Website or Platform or technology used to support the Website or Platform, other than the right to use the Website and Platform in accordance with the Terms of Use.

3. Account and Sub-Account

3.1 At the time of becoming a Registered User you will be asked to create an Account. It is your responsibility to maintain the confidentiality and security of your Account and to ensure there is no unauthorised access. You are liable for any unauthorised use of your Account. 

3.2 You agree to provide accurate and complete information when you become a Registered User and create your Account.

3.3 In creating an account, you agree that an Account does not entitle the holder to financial or business credit including any line of credit or delayed payment. All payments are due at the time of purchase.

Limitations on Use

4.1 By accessing and using the Website or Platform you warrant and agree that you will:

(a) not use the Website or Platform for any purpose not permitted under the Terms of Use;

(b) not use the Website or Platform for any commercial purpose without our prior written consent;

(c) not copy, transmit, distribute, reproduce, licence, alter, reverse engineer, adapt or modify the whole or any part of the Website or Platform in any way whatsoever;

(d) not hide, deface, alter, or delete any copyright symbol, trademark, or other proprietary rights notice;

(e) not use the Website or Platform for any activity which is obscene, indecent, offensive, or defamatory;

(f) not hack into, change, or otherwise knowingly transmit a virus or otherwise damage the Website or Platform or any information contained within it;

(g) refrain from tampering with, hindering the operation of or making unauthorised modifications to the Website or Platform;

(h) not use the Website or Platformwith an incompatible or unauthorised device;

(i) refrain from uploadingonto the Website or Platform any material, or use the Website or Platform inany way which:

      (i)infringes the intellectual property rights of any person; or

      (ii) isunlawful or violates any law;

(j) not breach any other terms of the Terms of Use or our Privacy Policy.

5. Technicalinformation and Security

5.1 The transmission of dataover the internet and/or cellular network is not always secure. Although weendeavour to secure the Website and Platform, you access the Website and Platformat your own risk, and we accept no responsibility for any interference, loss,damage, or disruption to your computer or mobile device or otherwise whicharises in connection with your use of the Website or Platform.

5.2 You acknowledge that it isyour responsibility to:

(a) implement sufficientprocedures and virus checks (including anti-virus and other security checks) tosatisfy your particular requirements for the accuracy of data input and output;and

(b) ensure that whatever you select for your use on the Website and Platform is free of viruses of anything else that may interfere with or damage the operations of your computer of mobile device.

5.3 We do not warrant that functions available on Website or in the Platform will be uninterrupted or error free, free of viruses or programming bugs or interferences due to factors outside our control.

6. Intellectual Property

6.1 The Website and Platform contains intellectual property including trademarks, confidential information, and copyright, together with any goodwill or reputation and intellectual property rights subsisting in those things.

6.2 All intellectual property on the Website and Platform is owned by GOOD CHEMISTRY or its licensors and unless permitted by law, you must not:

(a) adapt, reproduce, store, distribute, transmit, print, display, perform, publish, or create derivative works from any part of the Website or Platform. or from products, services or information obtained through our Website or Platform; or

(b) commercialise any information, products or services obtained from or through any part of Website or Platform without our prior written consent.

7. GOODCHEMISTRY Product/Account Subscription

7.1 Our promotion of Products is only an invitation to treat and does not of itself constitute an offer to sell or guarantee the availability of the Product.

7.2 We reserve the right to accept, cancel or reject any Subscription for Products for any reason including, without limitation, where the Product is not available, there is an interference or disruption with the Website or Platform, or the Subscription has been made in breach of these Terms of Use. You acknowledge that, to the extent permitted bylaw, you have no right or claim against us for any loss, damage, cost, or expense arising from our cancellation or rejection of any Subscriptions for a Product.

8. Third Party Websites and Platforms

8.1 The Website and Platform may contain links to websites and Platforms owned and operated by third parties. We are not responsible for the operation, security levels, content or any other aspect of any third-party websites and mobile Platforms.

8.2 Links to third party websites and mobile Platforms are provided solely for your convenience and do not indicate our endorsement or affiliation of them or their products and services.

8.3 We make no representations or warranties and are not liable for:

(a) the content or accuracy of any information contained in linked websites and Platforms and third-party websites and Platforms; and

(b) any loss or damage suffered as a result of access to, or use of, these third-party websites and mobile Platforms, or the reliance on the information contained within.

8.4 You must make your own enquires as to the suitability of the content of third-party websites and Platforms and the goods and services available for sale on them.

8.5 Third party websites and Platforms may be governed by their own terms and conditions (including their privacy policy), which will apply to your use and acquisition of their products or services. Accordingly, we strongly recommend that you read their terms and conditions.

9. Email Notifications and Push Notifications

9.1 When you create an Account you will be asked whether you agree to us sending you communications (including communications promoting our Products) via email (Email Notifications). If you have agreed to receive Email Notifications, you may choose to stop receiving them at any time by clicking the “unsubscribe” link at the bottom of our Email Notifications.

9.2 If you agree to receive Email Notifications the Website will send emails to your nominated email address and you acknowledge and consent to receipt of those Email Notifications.

9.3 When you set up an Account within the Platform on your device, a screen may appear asking whether you would like to receive alerts and messages from us (Push or SMS Notifications).

9.4 If you agree to receive Push Notifications, the Platform will generate Push Notifications (which may include notifications promoting our Products) on your mobile device and you acknowledge and consent to receipt of those Push Notifications.

9.5 You can choose to stop receiving Push Notifications at any time through the Platform’s settings menu.

10 Suspension or Termination

10.1 We reserve the right to suspend or terminate your access to the Website and/or Platform at our sole discretion, including if we believe there has been a breach of these Terms of Use.

10.2 If we suspend or terminate your access to the Website and/or Platform due to a breach of these Terms of Use, we will use reasonable efforts to notify you of the breach and ways in which you can remedy it.

10.3 Should you fail to remedy the breach within a reasonable time, you must immediately delete or remove the Platform from any and all mobile devices and immediately destroy all copies of the Platform in your possession or control and certify, if requested by us, that you have destroyed copies of the Platform.

10.4 We reserve the right to cease operating the Website and/or Platform at any time, without notice, and to terminate this agreement under the Terms of Use.

10.5 You have the right to terminate this agreement under the Terms of Use by deleting the Platform from your mobile device and ceasing use of the Website.

11. Warranties

11.1 By creating an Account,you warrant and agree that:

(a) you are a Registered User;

(b) all Products you subscribeto are for: (i) your own personal use; (ii) use in connection with a community programapproved or provided by GOOD CHEMISTRY.

(c) you are responsible forany error, omission or cost arising from a failure or delay to provide allinformation necessary to create an Account or use a Product;

(d) you will keep your Accountdetails including your username and password confidential and secure;

(e) you will be solely responsible for all use of your Account and any Sub-Account created.

11.2 While we endeavour to ensure the accuracy and completeness of the information contained on the Website and in the Platform, that information may contain errors and omissions and is subject to change.

11.3 To the maximum extent permitted at law, we make no representations or warranties of any kind, expressor implied, in relation to the content, accuracy, completeness, suitability, accessibility, security or reliability of:

(a) any material and/or information on the Website or in the Platform (including the Products);

(b) the performance andavailability of the Website or Platform (including the Products);

(c) the loss, damage or corruption of any data or other material as a result of the use of the Website or Platform (including the Products).

11. 4 To the maximum extent permitted by law, we make no warranties or guarantees that the use of the Website or Platform will achieve your desired state of clarity, contentment or improve your mental state. The information, courses and programs provided on the Website or in the Platform are intended for the benefit of the general public and are not medical advice or intended to replace or substitute advice from a qualified health care professional.

12. Limitation of Liability

12.1 We, our employees, agents, contractors, service providers, successors or assigns exclude all liability for any loss or damage whatsoever (including but not limited to direct, indirect, incidental, special, consequential, or exemplary damages) you may suffer arising out of, or in any way related to the service we provide(including in any way related to your use of the Website, Platform, Products or Accounts).

12.4 You indemnify and agree to keep us indemnified against any loss or damage or costs incurred by us in connection with any breach by you of the Terms of Use or of any other legal obligation by you or your use of, or conduct on, the Website and Platform.

12.5 You acknowledge that you do not rely on our skill or judgment, or any representations made by us when deciding whether or not the Products are fit for any particular purpose.

13. Privacy

13.1 You acknowledge that information about you, including information provided upon becoming a Registered User and creating an Account will be collected, held and used by us in accordance with our Privacy Policy.

14. General

14.1 We reserve the right to amend, modify, add, delete and make corrections to the Terms of Use at any time as follows: (i) if the we consider that the change is likely to benefit you or have a neutral or minor detrimental impact on you, we may make any changes immediately without notifying you except by publishing the amended Terms of Use(as applicable) on the Website; and (ii) if we consider that the change isl ikely to have a significant detrimental impact on your rights or obligations under these terms of Use and you have provided us with an email address, we will make the change after we have notified you of the change (solely by using the email address you have provided) and will display a notice on the Website describing the change. Your continued use of the Website and/or Platform after an amendment will mean that you agree to that amendment. You must stop using the Website and Platform if you do not agree to an amendment. 

14.2 If any part of the Terms of Use are determined to be illegal, invalid, or otherwise unenforceable or void that part shall be severed to the extent necessary and the remainder of the Terms of Use shall continue in full force and effect.

14.3 No waiver of any breach of the Terms of Use will be construed as a waiver of any other breach of the Terms of Use.

14.4 The Terms of Use aregoverned by and construed in accordance with the laws of New Zealand and anyclaim made by either party against the other which in any way arises out of theTerms of Use will be heard in New Zealand and you agree to submit to thejurisdiction of those courts.

The Website and Platform is intended for use by residents of New Zealand only. We make no representation that the Website or Platform complies with the laws of any country outside New Zealand, or warranties by users accessing the Website or Platform from overseas. If you access the Website or Platform from outside New Zealand, you do so at your own risk and are responsible for complying with the laws in the place where you access the Website or Platform(as applicable). To the extent permitted by law, we exclude all liability for any failure of the Website or Platform to comply with the laws of any jurisdiction outside of New Zealand.

14.5 For further information on using the Website and Platform, please contact GOOD CHEMISTRY at hello@good-chemistry.co.nz