Terms & Conditions

Introduction

Terms
These are the terms and conditions (Terms) for the Health Marketplace.Health Marketplace is a New Zealand-owned and operated online shopping platform. “Health Marketplace” is a trading name of Manage My Health Limited, a New Zealand company. In these Terms, “we”, “us”, and “our” refer to Health Marketplace.

Transactions on Health Marketplace
The Health Marketplace facilitates the purchase of a wide range of products from third-party retailers and suppliers (Merchants). While we operate the Health Marketplace, the transactions are directly between you and the relevant Merchants;Health Marketplace is not a party to these transactions. In the case of a discrepancy between the Merchants’ terms and conditions and these Terms, the latter will prevail.

Agreement to Terms
By utilising the Health Marketplace, including our associated websites, apps, or social media pages, you agree to abide by these Terms. We reserve the right to modify these Terms at any time, with updates being posted on the Health Marketplace. Any significant alterations to the Terms will be communicated to you using the email address associated with your Health Marketplace account. Continued use of the Health Marketplace signifies your acceptance of the updated Terms.

Your account

Registration
To place orders on the Health Marketplace, you must register to create an account. Registration requires you to be at least 18 years old and have a current New Zealand residential address. You will need to provide valid personal details including your name, address, mobile phone number, and email address. It is your responsibility to keep this information updated, by [maintaining your profile on the Health Marketplace]. Each person is limited to one account.

Privacy Policy
We are committed to protecting your privacy. By registering for an account and/or using the Health Marketplace, you consent to the collection, use, storage, and disclosure of your personal information as outlined in our Privacy Policy.

Marketing and Promotion
We offer various newsletters and promotional materials tailored to specific interests. By providing your name and email address through a designated subscription form, or by clicking a subscription button for a particular newsletter or promotion (e.g., 'Health Marketplace Newsletter'), you expressly consent to receive emails pertaining to the chosen topic(s), which may include newsletters, advertising promotions, and other related communications

Use of your account
You are responsible for all activities occurring under your account and for maintaining the confidentiality of your account password. Health Marketplace is not liable for any unauthorised activity on your account due to your failure to secure your login information. Report any unauthorised use to use promptly by contacting us at [insert email address for reporting issues] and take necessary steps to re-secure your account (including changing your account password). You indemnify us against any loss or liability arising from your breach of these Terms.

Fair Use Policy
Products on Health Marketplace are for personal use only. We reserve the right to refuse or cancel orders we reasonably suspect of being for commercial purposes or of commercial quantities. Breach of this fair use policy may result in account suspension or termination.

Orders

Transacting with the Merchant
When you order products on the Health Marketplace, you are transacting directly with Merchants.  Health Marketplace makes no warranty or representation regarding the standard or description of any products supplied by the Merchants. Merchants are responsible for all statutory guarantees and warranties under the Consumer Guarantees Act 1993.

Placing Orders on the Health Marketplace
Product information on the Health Marketplace is based on details provided by Merchants. We are not responsible for inaccuracies in the information supplied by Merchants. You agree to verify information and assess product suitability independently before placing an order. Note that due to photographic and screen limitations, some products may slightly differ in appearance from their representation on the Health Marketplace.

To order a product, add it to your cart and follow the checkout process. After payment, you will receive a confirmation which serves as a receipt for your order. The order will then be forwarded to the Merchant for acceptance or rejection. An order placed is not binding unless and until it is accepted by the Merchant. In case of rejection, you will be refunded in full.

Details regarding delivery costs will be displayed before payment. Some products have age restrictions, requiring you to confirm your eligibility to purchase them. The Merchant may verify your age upon delivery.

Please note that individual retailer reward programs or special discounts provided by Merchants do not apply to orders placed on Health Marketplace.

Cancelling Orders
We reserve the right to cancel orders suspected of being placed for commercial purposes or involving fraud, including potential payment fraud. Orders may also be cancelled due to listing errors, such as incorrect pricing, in which case you will be refunded in full.

You may request cancellation of an order before it is marked as 'shipped' on the Health Marketplace. If the cancellation request is successful, you will receive a full refund. However, cancellation requests may not be successful, in which case the order will be fulfilled and shipped.

Delivery of Your Order
Delivery times vary depending on the Merchant. You can track your order’s progress by logging into the Health Marketplace. Ensure someone is available at the delivery address during business hours to receive the order.

Consumer rights
Products sold on Health Marketplace come with guarantees under the Consumer Guarantees Act 1993. If you believe you have a claim under this Act, you may be entitled to a replacement or refund. In such event, you may contact the Merchant to raise any issues directly. Nothing in these Terms restricts or modifies your rights under the Consumer Guarantees Act 1993 or the Fair-Trading Act 1986. However, you must not use the Health Marketplace for commercial or business purposes.

Pricing and payment

Pricing
All prices are in New Zealand dollars and include GST. Prices and delivery charges are subject to change at any time. Orders from international merchants may incur duties or other charges, for which you are responsible in addition to the price.

Payment
We accept, via Shopify payments, Visa and MasterCard, along with Afterpay as a payment option. Afterpay is an external service provider and not a part of Health Marketplace. To use Afterpay, you must meet certain eligibility criteria. Details regarding Afterpay’s terms and conditions can be found on their official website.

Promotions and Offers
Promotional coupons are applicable to all eligible products across Health Marketplace. These coupons are generally for new customers unless specified otherwise. Free shipping is only applicable for NZ vendors. We reserve the right to amend or cancel promotional coupons and update the terms applicable to promotional coupons without notice.

Certain products are not eligible for promotional coupon discounts, and only one coupon may be used per transaction. Coupons cannot be added retrospectively to an order placed.

General

Restrictions on use
Access to Health Marketplace’s servers must only be through the Health Marketplace. You agree not to disrupt or interfere with the Health Marketplace and its associated software, hardware, and servers in any manner. We reserve the right to disable your account if we suspect misuse or inappropriate activity.

Intellectual Property
We (or our licensors) hold all intellectual property rights in the Health Marketplace and the products listed on it. You may use the Health Marketplace only in accordance with these terms. Any use of any content, information, or logo on the Health Marketplace requires our written consent.

Disclaimers
We do not guarantee uninterrupted access to the Health Marketplace and reserve the right to alter content without notice. The Health Marketplace may contain links to third-party websites, which are not controlled or maintained by us. We are not responsible for the content or availability of these sites.

Liability
To the maximum extent permitted by law: (a) your access and use of the Health Marketplce is at your own risk; (b) we are not liable to you for any indirect, consequential or incidental loss or damage, arising under these terms or in connection with these Terms, your access and/or use of (or inability to access or use) the Health Marketplace, nor any advice, opinion, information, representation, or omission on the Health Marketplace; and (c) these exclusions apply regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

Force majeure
Neither party is liable for delays or failure in performance caused by any event beyond its reasonable control.

Law and jurisdiction
These Terms are governed by New Zealand law, and any disputes will be resolved in New Zealand courts.