Terms of service

The Terms and Conditions under which you may use and purchase products from https://www.k9natural.com/ ("Site") are set out below. Please read the following terms and conditions carefully before using the Site.

This Agreement is a contract between the customer ("You") and K9 Natural Food Limited (trading as K9 Natural), NZBN 9429032324938, registered office 305 Lincoln Road, Christchurch, Canterbury 8024, New Zealand. K9 Natural Food Limited reserves the right to change this Agreement without notifying You.

By using this Site, You acknowledge that You have read and understood these Terms and Conditions and agree to be bound by the Terms and Conditions of this Agreement. If You do not agree to these Terms and Conditions, You must not use this Site.

It is your responsibility to regularly check these Terms and Conditions for any changes. Continued use of the Site will be taken as your acceptance of those changes. The Site and its content are provided for your personal use only and must not be used for any public or commercial purpose.

Our online store is hosted on Shopify, the e-commerce platform that allows us to sell Our products and services to You.


Registration

In using the Site, You may be asked to register and create an account. As part of the registration process, You may be asked to agree to these Terms and may be required to provide Us with certain personal information about yourself including your legal name, phone number, address, email address, gender, and age.

You are responsible for ensuring that your password and other account details are kept secret, safe, and secure at all times. You will notify Us immediately of any unauthorized use of your password or any other breach of security. You must not transfer your account to another user or maintain more than one account with Us without Our consent. We may, at Our sole discretion, suspend or terminate your account and limit your access to the Site and the Services. We further reserve the right to refuse Service to anyone for any reason at any time.

K9 Natural Food Limited will not be held responsible or liable for any misuse of your account including where a third party has access to your account for any reason.

When placing an order through the Site, You will be required to provide other personal information, such as your address and payment details. This information may be collected by K9 Natural Food Limited or its third-party providers at this time for security and anti-fraud purposes.

You warrant and represent that the personal information You provide to Us via the Site is true, valid, complete, and up-to-date in all respects, and You confirm that You are the person referred to in the information provided (unless the item is a gift). Should any of your personal information change, You must update that information immediately.


General Purchases

You agree to use the Site and the Services only for purposes that are permitted by these Terms and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Site and Services for your personal use and for no other purposes.

Some products or services on the Site may be available for purchase. By purchasing products or services made available through the Site, You warrant and represent that You are at least 18 years of age and have the legal capacity to enter into a contract. If You are under the age of 18 or lack legal capacity, You must have your parent or guardian review these Terms and place an order on your behalf.

K9 Natural Food Limited may use a third-party payment processor to process credit card transactions made through the Site. You are responsible for paying any governmental taxes imposed in connection with the use of the Site or the purchase of any products or services made available through the Site. To the extent that K9 Natural Food Limited is obligated to collect such tax, the applicable tax will be added to your billing account. All sales are subject to Our shipping and return policies which shall be made available to You on the Site or delivered to You with your purchased goods. All refunds are at K9 Natural Food Limited’s sole discretion except where required by law.

You will not (and will not attempt to):

  1. Access any of the Services by any means other than through the interface that is provided by K9 Natural Food Limited;
  2. Gain unauthorized access to K9 Natural Food Limited’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site, the Services, or K9 Natural Food Limited’s networks and computer systems;
  3. Access any of the Site or the Services through any automated means or with any automated features or devices (including the use of scripts or web crawlers);
  4. Access or collect any personal information, including any names, email addresses, or other such information for any purpose;
  5. Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site or the Services for any purpose; and
  6. Reproduce, duplicate, copy, sell, trade, or resell any products or services bearing any trademark, service mark, trade name, logo, or service mark owned by K9 Natural Food Limited in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

Content

As between You and K9 Natural Food Limited, K9 Natural Food Limited owns or licenses all information and materials, including logos, designs, titles, phrases, product names, images, illustrations, icons, photographs, and the copyrights, trademarks, and other intellectual property rights associated therewith, in or made available through the Site (“Site Content”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Content. All Site Content is protected pursuant to copyright, trademark, patent, and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Content. As between You and K9 Natural Food Group, all names, trademarks, symbols, slogans, or logos appearing on the Site are the property of K9 Natural Food Group or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited. Under no circumstances will You have any rights of any kind in or to the Site Content, other than the right to use the Site Content in accordance with these Terms.

Certain features of the Site may allow You to contribute feedback and other information to the Site for access, use, viewing, and commentary by other users of the Site (collectively, “Comments”). By posting Comments, You represent that You have the full legal right to provide the Comments and that use of the Comments by K9 Natural Food Limited on the Site, and all other persons and entities, will not:

  1. infringe any intellectual property rights or other legal rights of any person or entity, including as a result of your failure to obtain consent to post personal information about a person;
  2. violate any law, or
  3. constitute the disclosure of any confidential information owned by K9 Natural Food Limited or any third party.

You must not use Comments for posting or disseminating any material unrelated to the use of Our Site, including (without limitation) the offer of goods or services for sale, files that may damage any other person’s computing devices or software, or content that may be offensive to any other users of the Site.

Upon your submission of Comments or other material or information to K9 Natural Food Limited, You grant K9 Natural Food Limited a worldwide, perpetual, irrevocable, and transferable license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the Comments, all without any compensation to You whatsoever. For the avoidance of doubt, K9 Natural Food Limited shall be under no obligation:

  1. to maintain any Comments in confidence;
  2. to compensate You in any way for your Comments, or
  3. to respond to any Comments.

Modifications to the Service and Prices

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. You agree that it is your responsibility to monitor changes to Our Site.

Prices for Our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to You or to any third party for any modification, price change, suspension, or discontinuance of the Service.


Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at Our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to Our Site. It is your responsibility to check Our Site periodically for changes. Your continued use of or access to Our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.


Errors, Inaccuracies, and Omissions

Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, 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 on the Site is inaccurate at any time without prior notice (including after You have submitted your order). We cannot and do not review all Comments, communications, products, or services made available on or through the Site, but, although not obligated to, may review, verify, make changes to, or remove any Comments, Site Content, or the Site, including information submitted in connection with the Site Content or other features at any time, with or without notice in Our sole discretion.


Disclaimers and Warranties

K9 Natural Food Limited reserves the right to change items offered for sale and to limit the number of items that may be purchased from time to time and at any time, without prior notice. We also reserve the right to alter the Terms or duration of any special offers or sale promotions. K9 Natural Food Limited is not liable in the case of stock outage or unavailability of products.

Certain Products or Services may be available exclusively online through the Site. These Products or Services may have limited quantities and are subject to return or exchange only according to Our Refund Policy linked here.

We have made every effort to display as accurately as possible the colors and images of Our Products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

K9 Natural Food Limited expressly disclaims, to the fullest extent permitted by law, any express or implied warranties:

  1. that the Site, Services, Site Content, goods, advice, information, or links provided on the Site will meet your requirements;
  2. that the Services will be uninterrupted, timely, secure, or free from error;
  3. that defects in the operation or functionality of any software provided to You as part of the Services will be corrected;
  4. regarding the Site Content, goods, services, advice, information, or links provided by any third parties or users;
  5. that the Site, Site Content, goods, services, advice, or information displayed on the Site will meet your requirements; and
  6. that the Site will be error-free or that any errors will be corrected.

No advice or information, whether oral or written, obtained by You from the Site shall create any warranty not expressly stated in these Terms.

We reserve the right but are not obligated, to limit the sales of Our Products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at the sole discretion of Us. We reserve the right to discontinue any product at any time. Any offer for any Product or Service made on this Site is void where prohibited.

We do not guarantee that any information sent to or from Our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to Us via the Site including Personal Information. K9 Natural Food Limited assumes no responsibility for:

  1. any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; or
  2. any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Site, including any injury or damage to You or to any person’s computer related to or resulting from use of the Services or the Site.

No conditions, warranties, or other terms (including any implied terms as to the satisfactory quality, fitness for purpose, or conformance with description) apply to the Site, Site Content, and/or Services except to the extent that they are expressly set out in these Terms.


Accuracy of Billing and Account Information

We reserve the right to refuse any order You place with Us. We may, in Our sole 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, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that We make a change to or cancel an 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 judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at Our store. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates, so that We can complete your transactions and contact You as needed.


Third-Party Links

The contents of Our Site may include links to third-party materials. We will not be responsible for the content of any linked sites or liable for any direct or indirect loss or damage suffered by You from accessing, using, relying on, or trading with third parties. The linked sites are provided to You only as a convenience, and the inclusion of any linked site does not imply any endorsement of it by Us or any association with its operators. We reserve the right to prohibit links to Our Site and You agree to remove or cease any link on Our request.


Limitation of Liability

In no event will K9 Natural Food Limited be liable for damages other than actual and direct damages proven in a court of law. In no event shall K9 Natural Food Limited’s liability exceed the price You paid for the Product or Service that is the subject of the claim. If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the total liability of K9 Natural Food Limited and its agents or representatives shall not exceed double the value of the order in question.

Without limiting the foregoing, You understand and acknowledge that K9 Natural Food Limited shall not be liable to You for any indirect, incidental, consequential, punitive, or exemplary losses which may be incurred by You arising out of your use of, or inability to use, the Site or the Services, including any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by You; or any loss or damage which may be incurred by You as a result of:

  1. any reliance placed by You on the completeness, accuracy, or existence of any advertising, or as a result of any relationship or transaction between You and any advertiser or sponsor whose advertising appears on the Site or the Services;
  2. any changes that K9 Natural Food Limited may make to the Site or Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
  3. the deletion of, corruption of, unauthorized access to, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Site or the Services;
  4. the use of any products or services obtained on or through the Site; or
  5. any other matter relating to the Site, the Services, the Site Content, or the Comments.

The limitations on K9 Natural Food Limited's liability to You in this Section shall apply whether or not K9 Natural Food Limited has been advised of or should have been aware of the possibility of any such losses arising.

If You are dissatisfied with the Site, the Services, or the Terms, your sole and exclusive remedy is to discontinue using the Site and Services.


Indemnity

You agree to defend, indemnify and hold harmless K9 Natural Food Limited, its officers, directors, members, employees, agents, affiliates, licensors, and suppliers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from:

  1. your use of and access to the Site and Services;
  2. your breach of any of these Terms, including the Privacy Policy;
  3. your breach of any third party rights, including without limitation any intellectual property or privacy rights; or
  4. the use by any other persons accessing this Site using your account.

This Section will survive these Terms and your use of the Site and Services. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You hereunder, and You shall cooperate in all reasonable respects in such defense. You may not settle any claim contemplated in this Section without the prior written consent of K9 Natural Food Limited.


User Comments, Feedback, and Other Submissions

You understand that the technical processing and transmission of any Site Content and Comments may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to the technical requirements of connecting networks or devices.

If, at Our request, You send certain specific submissions (for example contest entries) or without a request from Us, You send 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:

  1. to maintain any comments in confidence;
  2. to pay compensation for any comments; or
  3. to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that We determine in Our sole discretion to be unlawful, offensive, threatening, libelous, 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 violate any right of any third party, including copyright, trademark, privacy, personality, or another personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise 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.


Prohibited Uses

In addition to other prohibitions, as set forth in the Terms of Service, You are prohibited from using the site or its content:

  1. for any unlawful purpose;
  2. to solicit others to perform or participate in any unlawful acts;
  3. to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
  4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  6. to submit false or misleading information;
  7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
  8. to collect or track the personal information of others;
  9. to spam, phish, pharm, pretext, spider, crawl, or scrape;
  10. for any obscene or immoral purpose; or
  11. 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 terminate your use of the Service or any related website for violating any of the prohibited uses.


Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either You or Us. You may terminate these Terms of Service at any time by notifying Us that you no longer wish to use Our Services, or when you cease using Our site.

If in Our sole judgment, You fail, or We suspect that You have failed, to comply with any term or provision of these Terms of Service, We also may 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).


Personal Information

Your submission of Personal Information through the Site is governed by Our Privacy Policy, which can be viewed here.


Complaint Procedure

If you believe that any content, Comment, or posting on the Site violates your intellectual property or other rights, please notify K9 Natural Food Limited by email at bark@k9natural.com with a comprehensive detailed message setting forth the following information:

  1. your name and the name of your company, if any;
  2. your contact information, including your email address;
  3. the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and
  4. the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”

Dispute Resolution

Any dispute arising out of the Terms shall be resolved in the following manner. First, either You or K9 Natural Food Limited shall notify the other of the nature of the dispute. The notification shall be given by email or letter. Upon receipt of the notice, the parties will negotiate in good faith. If a satisfactory resolution is not reached within 10 working days, then either party may refer the matter to arbitration.

Arbitration shall be held in Christchurch, New Zealand, or another such place as K9 Natural Food Limited elects. Notice of a desire to refer the matter to arbitration shall be given by email or letter. Upon receipt of the notice, K9 Natural Food Limited will attempt to agree with You who as to the person to be appointed as the arbitrator. Failing agreement within 5 working days of your notice, either party may apply to the President of the New Zealand Law Society for the appointment of the arbitrator. Unless the arbitrator makes a contrary award, the parties shall equally bear the costs of the arbitration and will each bear their own legal costs. The arbitrator may make any order he or she sees fit, provided that the liability of K9 Natural Food Limited may not exceed the limits set out in the Limitation of Liability clause.


Miscellaneous

These Terms, including the Privacy Policy, constitute the whole legal agreement between You and K9 Natural Food Limited and govern your use of the Site, Services, and any transactions You may have with K9 Natural Food Limited through the Site and completely replaces and supersedes any prior agreement, understanding, arrangement, undertaking or proposal, written or oral, between You and K9 Natural Food Limited in relation to such matters. In the event any other rule, code of conduct, or other matter posted on the Site conflicts with the terms of these Terms, these Terms shall govern. No oral explanation or oral information given by any party shall alter the interpretation of these Terms. Notwithstanding the foregoing, you understand that K9 Natural Food Limited may make changes to these Terms from time to time. Your continued use of the Site following the posting of changes to these Terms of Use will be considered your consent to those changes. When these changes are made, K9 Natural Food Limited will make a new copy of the Terms of Use available on the Site. You agree that K9 Natural Food Limited is under no obligation to provide You with notices regarding changes to the Terms of Use. You understand that it is your responsibility to check the Terms regularly for changes.

You agree that if K9 Natural Food Limited does not exercise or enforce any legal right or remedy which is contained in these Terms (or which K9 Natural Food Limited has the benefit of under any applicable law), this will not be taken to be a formal waiver of K9 Natural Food Limited’s rights and that those rights or remedies will still be available to K9 Natural Food Limited. If any provision of these Terms is declared to be invalid, then the remaining provisions will continue to be valid and enforceable.

The Site is controlled and operated from within New Zealand. Without limiting anything else, K9 Natural makes no representation that the Site, Site Content, Comments, services, products, information, or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from outside New Zealand do so at their own risk and are responsible for compliance with applicable laws.

Promotions

20% Off Welcome Discount

Valid for one use per customer on both one-time and subscription purchases for a limited time. Users must agree to receive email marketing from K9 Natural and add their unique discount code at checkout for a 20% discount to apply to their order. Discount is not applicable with any other offer. Discount code must be attached to the first purchase in a subscription series and is valid for the first processed order only. Available only at k9natural.com.


Contact Information

Questions about the Terms of Service should be sent to us at bark@k9natural.com. Our contact information is posted below.


K9 Natural
c/o K9 Natural Food Limited
305 Lincoln Road
Christchurch 8024
New Zealand

+64 3 342 6380

NZBN: 9429032324938

GST: 101 970 523