Terms of Service


OVERVIEW
Please read these Terms of Service carefully before using our website. ‘Terms of Service’ includes this agreement and all policies referenced throughout this agreement and/or available by hyperlink. Throughout the Website the terms ‘we’, ‘us’, and ‘our’ refer to WildCrate and the terms ‘you’ and ‘your’ refer to you the user/visitor or purchaser. This website is operated by WildCrate.
By visiting or using our website and/or purchasing/subscribing from us you confirm that you accept our Terms of Service (“Terms and Conditions”, “Terms”) and agree to comply with them. These Terms of Service apply to all users, including but not limited to visitors, vendors, customers, merchants and/or contributors of content. If you do not agree to our Terms of Service please refrain from using our website and services.
All current content and also future additions to our website including new material, features, and tools are subject to the Terms of Service. We reserve the right to update any part of these Terms of Service, therefore it is your responsibility as a user to check this page regularly. You can review the most current version of our Terms of Service at any time on this page. Your continued use/access of our website constitutes acceptance of any changes made in the Terms of Service. The headings used in this Terms of Service are for convenience only and do not limit or affect these Terms.

WEBSITE CONTENT AND USE

Obligations
WildCrate is a brand owned by a New Zealand company, WILDCRATE LIMITED. When using this site and/or purchasing products/subscribing from us you must:
not pretend to be someone other than yourself;
register under your legal name;
provide us with your correct birth date (day,month,year);
provide us with personal details and contact information which are current, complete, and correct;
make every attempt to keep your details correct including your email address and payment information (credit card) so that we can complete your transaction and contact you as needed; and
check product ingredients for any allergens that may affect you in an adverse way.

Your submission of personal information through the store is governed by our Privacy Policy.

Third-Parties
Certain content, products and services available via our Service may include materials or tools from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy of content and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please read carefully the third-party’s policies and practices and make sure you understand them before you engage in any use or transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
We may provide you with optional access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without endorsement. We have no liabilities whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

Errors and Updates
It is possible there may be information on this site that contains errors (e.g. typographical errors, inaccuracies or omissions) that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by the law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Uses
You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of the Service, violate any law under your jurisdiction (including but not limited to copyright laws).
You agree not to reproduce, copy, sell, resell or exploit any part of the Service, use of the Service or access to the Service or any contact on the website at which the service is provided without expressed, written permission by us.
You must not penetrate, damage, or alter any element, object, function, or resource related to the functionality and/or structure of this website and/or any of its dependencies.

In addition to other prohibitions as stated in this Terms of Service, you are prohibited from using this site or its contents:
for any unlawful purpose;
to solicit others to perform or participate in any unlawful acts;
to violate any international or national regulations, rules, laws, or local ordinances;
to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
to submit false or misleading information;
for any obscene or immoral purpose;
to collect or track the personal information of others;
to spam, phish, pharm, pretext, spider, crawl, or scrape;
to penetrate, damage, or alter any element, object, function, or resource related to the functionality and/or structure of this website and/or any of its dependencies; or
to interfere with or circumvent the security features of the Service or any related website, other websites, or the internet.

We reserve the right to immediately terminate your use of the Service or any related website(s) for violating any of the prohibited uses or by violating the Terms of Service.


ORDERS AND PURCHASING

When purchasing products from this website you confirm and acknowledge that:
- all information supplied by you to us is true and correct at the time you make any purchase on the website;
- by failing to follow the above we may refuse to accept your order at our sole discretion;
- we may disclose your information to your bank or credit card company and for the purpose of any debt recovery proceedings we may issue against you; and
we may restrict your ability to purchase products via this website by imposing a credit limit on your account.

Orders
We reserve the right to refuse any order you place with us. We may, in our discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, credit card, and/or orders using the same billing and/or shipping address. In the event that we make a change to or cancel your order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

WILDCRATE DISCRETION

WildCrate has the absolute discretion to refuse the registration application of a potential customer for any reason whatsoever. We reserve the right to refuse service to anyone at any time for any reason. WildCrate has the absolute discretion as to whether an order placed on its Website is accepted and fulfilled. We reserve the right to withdraw or amend the service provided on our website without notice. We are not liable if for any reason our website is unavailable at any time for any period.


DISCLAIMER

The information (e.g. comments, reviews, and material) on the Website are for general purposes only and should not be relied upon as professional advice or as the sole basis for making decisions without consulting primary, more complete or more timely sources of information. We do not guarantee or warrant the accuracy of any information on the Website therefore any reliance on the material on this website is at your own risk.
The Website may contain health, food or other claims originating from internal research and experiences which WildCrate reserves the right to keep on the site without medical or scientific research. Please approach industry professionals if you require more accurate information.
This site may contain historical information which is for your reference only.
We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.
We are not liable for any loss, damage or inconvenience incurred by you, directly or indirectly, which may arise from accessing or relying on the material on the Website or your use of the Website.
You agree that it is your responsibility to make life/health decisions for yourself and to monitor changes to our site.

THE SERVICE

By visiting our site and/or purchasing/subscribing from us, you engage in our “Service”.

Changes to the Service or Prices
WildCrate reserves the right to change any descriptions or prices of any products/services on this site without notice at any time. We reserve the right to change or discontinue any product/service (or any part thereof) without notice at any time. If a product/service is discontinued any users who are signed up to an ongoing subscription will be given notice to cancel any up-and-coming payments and will be refunded any extra money if WildCrate cannot provide the service.

Products and Services
Certain products or services may be available exclusively online through this site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. WildCrate has made every effort to display items or services as accurately as possible including colours, sizes and images of our products that are available for purchase. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services. Some products or services may be available to New Zealand only.
We do not warrant that the quality of any products, services, information, or other material purchased, obtained or viewed by you will meet your expectations, or that any errors in the Service will be corrected.
The contents of the seasonal crates may not be revealed prior to purchase. You understand you may be purchasing products unknown to you at the time of purchase.
Products containing alcohol will be replaced with non-alcoholic products of a similar value if we understand or assume you are not entitled to purchase alcohol.
All products are sold subject to their availability. We shall not be responsible for our inability to supply products to you where they are not presently available or our stock has been exhausted. Availability of limited products or services are strictly first come, first served and WildCrate takes no responsibility for ‘missing out’ due to an untimely purchase or banking or other technical errors.
WildCrate is not responsible for any adverse reactions to products within the crate.

Termination
These Terms of Service are effective until terminated by either you or us. You may terminate these Terms of Service at any time by either notifying us that you no longer wish to use this Service or by ceasing to use this Service and site. If in our sole judgement you fail, or we suspect you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services, or any part thereof.

DISCLAIMER OF WARRANTY and LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either expressed or implied, including all implied warranties or conditions of merchantability, merchant quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall WildCrate, our directors, officers, employees, affiliates, agents, contracts, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any product, including, but not limited to, any errors or omission in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.


COMMENTS AND FEEDBACK
If at or without our request you send us information, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to:
maintain any comments in confidence;
pay compensation for any comments; or
respond to any comments.
We may, but have no obligation to, monitor, edit, remove content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You must not mislead us or third-parties as to the origin of any comments.
You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

INDEMNIFICATION

Notwithstanding any other term, you agree to indemnify WildCrate against all liabilities, losses, claims and expenses suffered or incurred by you, and all claims and demands made against WildCrate, arising directly or indirectly out of your use of the Website, in breach of these terms and conditions.

ENFORCEMENT
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These terms of Service and any policies or operating rules posted by us on the site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including but not limited to, any prior versions of the Terms of Service).
Any ambiguities in these Terms of Service shall not be construed against the drafting party.
These terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.

CONTACT INFORMATION
Any questions regarding these Terms of Service should be sent to us at rawinia@wildcrate.com