1. Any request for the supply of the Goodnature products displayed on this website (“Products”) that you place with us and any Products we sell to you are subject to these terms and conditions (“T&Cs”), which are posted at www.goodnature.co.nz and which you are deemed to accept by ordering a Product. Unless we specifically agree otherwise in writing that other terms and conditions prevail, these T&Cs prevail over any inconsistent terms in any other communication or agreement.

  2. References in these T&Cs to “we”, “us” and “our” are to Goodnature Limited, its agents, representatives, successors and assigns. References to “you” and “your” are to the person whose name is recorded when placing the order for Products, its agents representatives, successors and assigns.

  3. Except as set out in clause 4, we will only accept the return of Products if the return is sent within seven days of the delivery confirmation date.

  4. Except as set out in clause 6, if you return a Product to us and we accept that:

    a) the Product was damaged or faulty at the time we dispatched the Product to you (i.e. before shipping), we will (at our option) repair or replace the Product or refund you the amount you paid for the Product; or

    b) you have received a Product from us that is different to the one you ordered, we will (at our option) replace the incorrect Product with the correct Product or refund you the amount you paid for the Product.

    To qualify for a repair, replacement or refund under this clause 4, we must have received the returned Product within 14 days of confirmed delivery date of the original Product delivered to you.

  5. We will refund your reasonable costs of returning the Product to us if we accept the return under clause 4.

  6. We will not provide a repair, replacement or refund for a Product that:

    a) has been damaged during shipping (in that case, you must file a claim with the carrier);

    b)you or a third party (i.e. not us) have serviced, attempted to service, modified, tampered with, misused or abused;

    c) has used CO2 cylinders or other accessories from a third party supplier;

    d) has not been installed, operated, maintained or used in accordance with the instructions provided with the Product or that we have communicated to you, including via our website; or

    e) otherwise has been damaged as a result of accident or acts of God.

  7. All Products returned must be in their original condition and packaging (except for defective or faulty Products for which you are claiming a repair, replacement or refund under clause 4) along with any accompanying accessories and an explanation for returning the Products. Please return Products to Goodnature Limited, 8 Horner Street, Newtown 6021, Wellington, New Zealand.

  8. If your purchase is covered by the the Consumer Guarantees Act 1993 (“the Act”) and: 

    a) you are acquiring the Products for the purposes of business, the guarantees and remedies provided under the Act will not apply to the supply of any Product;

    b) you are acquiring a Product for purposes other than that of a business, then these T&Cs will not limit your rights under the Act.

    Notwithstanding anything else in these T&Cs, these T&Cs will apply only to the extent permitted at law.

  9. If you have any problems regarding your order - you may contact us at hello@goodnature.co.nz (citing an order number).

Goodnature App Terms and Conditions

Effective from 28th November 2018

  1.  These terms are between you and us. By accessing and using our App and any related Services you agree to these terms, which are between you and us (Goodnature Limited).

  2. Getting your account set up. Before you use the App, you’ll need to set up an account with us. We have a few requirements for this:

    a) Please provide accurate information. You agree all information you provide us for your account will be true, accurate and correct, and you agree to update us promptly if any of that information becomes outdated or is otherwise inaccurate or misleading.  

    b) You need to be old enough. If you are under the age of 18, you confirm that your parent or legal guardian agrees to your use of the App, and have reviewed these terms.

    c) Make sure you’re authorised if you’re signing on behalf of another entity. You agree that if you create an account on behalf of another entity (i.e., not in your personal capacity), you will have all necessary authority to bind that entity.

  3. Please use our App responsibly. If you’ve downloaded our App you probably care about protecting wildlife from pests – so you’re likely to be a good sort. However, we still have some rules we need you to follow:

    a) Be good. You agree you won’t do anything in relation to our App or Services which we consider to be offensive, unlawful, defamatory, or inappropriate, or which may be a breach of privacy or confidence. You agree you won’t commercially exploit the App or do anything to make others believe that you’re endorsed by or associated with us.

    b) Make sure you keep your password to yourself. You agree that you won’t share your account password or login credentials with anyone else. If you do share these details with another person, you agree you remain responsible and liable for any actions taken through your account. You must notify us immediately if you become aware of any actual or suspected unauthorised use of your account.

    c) Don’t mess with our systems or intellectual property. You agree you won’t:

    - Use the App or Services in a way that infringes our, or a third party’s, intellectual property rights;
    - Interfere with or disrupt our systems in any way;
    - Attempt to access another person’s Goodnature account;
    - Upload, transmit, or distribute any malware or spyware in relation to our App or systems.

    d) Make sure you get others’ consent if you’re sharing their information. You agree that before providing us anyone else’s personal information, you’ll get any necessary consents or authorisations from the individual(s) so that (without us taking any further steps) we may collect, use and disclose such information as described in our privacy policy. You agree that before you provide us with others’ personal information, you’ll take reasonable steps to ensure that the affected individuals know how their personal information will be treated under our privacy policy.

  4. We give you a limited licence to use the App, but no other rights. We’re glad that you’re keen to use our App! However, it’s important you understand that you don’t own any intellectual property in the App, and can only use the App for limited purposes:

    a) We retain all rights in the App’s intellectual property. We own or are licensed to use all intellectual property rights in the App, including the rights in all components of the app. Except as expressly described in these terms, your use of the App does not give you any rights in the App, or any of its components or content. You agree you won’t copy, modify, adapt, reproduce or republish any part of the App, its components or content (including any underlying source code or object code).

    b) You retain your rights in your content, but you also license these rights to us. Despite the above bullet point, you retain any rights you have in any content you upload. However, you grant us a licence to use this content for the purposes of providing the App to you or other users, to help improve the App, our products or our Services, and for any of the purposes outlined in our privacy policy.

    c) We can use your feedback. Where you provide us with feedback or suggestions about the App, you promise us that this information is not confidential to you or any other person, and you transfer to us all rights in feedback or suggestions. We can use such feedback or suggestions as we see fit, without any obligation to you.

    d) Your licence to use the App is limited. You understand and agree that we only grant you a limited, revocable, non-sublicensable, non-exclusive, royalty free licence to use the App for the purpose of accessing the Services and in accordance with these terms.

  5. We can send you messages.We’re doing lots of interesting stuff which we’re keen to share with you. You agree that we can send you promotional information about products and services that we think might be of interest to you. We may do this by email, text message, app notification or any other electronic or physical method.  However, if you ask us not to provide you with promotional information, we will comply with your request (we may still send you information relating to your account, your relationship with us or use of the App).

  6.  We’re not responsible for everything about our App. Although we do our best to make sure our App and Services do the job, there are a few things we aren’t responsible for:

    a) We can’t guarantee there won’t be errors or interruptions. We don’t guarantee that the App or Services will be timely, uninterrupted or error free, and we aren’t liable for any loss you suffer because you are unable to access or use the App or Services. 

    b) We don’t warrant that information in the App will always be accurate. While we’ll use reasonable efforts to ensure that information provided through the App is accurate and up-to-date, we don’t warrant that this will always be the case. To the extent permitted by law, we exclude all express and implied warranties and representations about any information we provide through the App.

    c) We aren’t responsible for any links in our App. Our App may contain links to third party websites which are not operated by us. We aren’t responsible for (and don’t have control over) these third party websites or their content – so before doing anything, we recommend you review the applicable privacy policy and terms for that site.

    d) We aren’t responsible for your content. We do not review or control content that you upload, and are not responsible for its accuracy or completeness.  You are solely responsible for, and assume all risk associated with, any use or reliance placed on such content by you and any third parties.

  7.  We can restrict your account or use of the App. While we hope you’ll be able to use the App forever, we may decide to restrict or close your account:

    a) We can close your account with notice. We can limit, suspend, or close your account at any time, with or without a reason, by giving 14 days’ notice to the contact email address listed in your account.

    b) We can close your account without notice if you breach these terms. We can limit, suspend, or close your account at any time, with or without giving you notice, if we reasonably consider that you have breached our terms and the breach (alone or together with any past breaches) exposes us to a cost or risk of some kind, or may negatively affect us or our products, services or systems.

    c) We can close your account without notice if you breach these terms. We can limit, suspend, or close your account at any time, with or without giving you notice, if we reasonably consider that you have breached our terms and the breach (alone or together with any past breaches) exposes us to a cost or risk of some kind, or may negatively affect us or our products, services or systems.

    d) Closing your account will end our contract. If either you or we close your account, this will end the contract between you and us based on these terms. However, all the remaining provisions of these terms set out below will survive and continue indefinitely. You can close your account at any time by contacting us at app@goodnature.co.nz.

  8.  Our liability to you is limited. As our customer, we’re keen to ensure you have the best experience possible. However, we limit our obligations to you:

    a) We aren’t responsible for your loss. As far as permitted by law, we aren’t responsible for any loss or damage that you may suffer in connection with your use of the App or Services or any interruptions or errors, except to the extent that we cause or contribute to the loss or damage through our breach of these terms or our unlawful conduct.

    b) We limit our liability for certain kinds of loss and damages. As far as permitted by law, we won’t be liable to you for any loss of profits, opportunity, business or contract, any indirect or consequential loss, or any exemplary, incidental, special or punitive damages, arising from or in connection with the Goodnature platform or these terms.  

    c) You may have rights under consumer law. The limitations and exclusions above apply to all liability (including for negligence), regardless of the legal basis of the claim. However, if you are a consumer, nothing limits your rights under the Consumer Guarantees Act 1993 (“CGA”). Check out consumer.org.nz if you want to know more about your rights under the CGA. If you are a business, or otherwise acting “in trade”, you acknowledge and agree that the CGA doesn’t apply to our contract with you under these terms, and you and we agree that this provision in clause 8 is fair and reasonable.

  9.  If you misbehave, you may have to indemnify us. As far as permitted by law, and without limiting any other rights we may have under these terms or at law, you agree to indemnify us against all costs, losses, expenses and liabilities that we suffer or reasonably incur in connection with any third party claim made or brought against us, where the claim is wholly or partly attributable to your breach of these terms. However, you will not be liable to the extent that we have caused or contributed to such losses through our own negligence, breach of these terms or unlawful conduct.

  10. General. There are a few other things you and we agree:

    a) We won’t waive our rights. If at any time we don’t enforce a provision of these terms, or give you extra time or other leeway to comply, this doesn’t meant that we have waived that provision or given up our rights to enforce that provision, or any other provision.

    b) These terms are severable. If a provision of these terms is found to be invalid, unenforceable or in conflict with the law, that part is replaced with a provision which, as far as legally possible, accomplishes the original purpose of that part. The remaining terms will continue to be binding.

    c) These terms are governed by New Zealand law. These terms are governed by New Zealand law and you agree to the non-exclusive jurisdiction of the New Zealand courts in relation to all disputes arising out of or in connection with these terms, the App or Services.

    d) We can change these terms from time to time. You agree we can make changes to these terms from time to time, and such changes will become effective immediately upon us posting the changed terms in the App or on our website. However, if there is any change which we consider is likely to be materially detrimental to your existing rights under these terms, we will give you reasonable advance notice of the change (reasonable advance notice includes us publishing the new terms in the App or on our website 14 days or more before the new terms are described as taking effect). By continuing to use the App, you’ll be taken to have accepted the latest version of these terms, and it’s up to you to check for changes. If you’re not happy with changes to these terms, or you don’t wish to keep your account for any reason, you can close your account at any time by contacting us at hello@goodnature.co.nz.

    e) You can’t assign your rights. Unless we give written consent, you must not assign your rights or delegate your obligations under these terms. We may assign these terms in their entirety to an affiliate or in connection with a merger, acquisition, corporate reorganisation, or sale of assets.

    f) You aren’t our partner or agent. Nothing in these terms constitutes a partnership or joint venture relationship between you and us, and nothing in our relationship is to be construed as giving any party the authority to bind the other party in any way, whether as an agent or partner or otherwise (except to the extent, if any, expressly stated in these terms).

  11. Definitions. In these terms:

    a) “App” means the Goodnature Chirp app;
    b) “personal information” means information about an identifiable individual (as defined in the Privacy Act 1993), including you;
    c) “product” means goods or services provided by Goodnature (including Goodnature traps and related goods and services);
    d) “Services” means services provided by Goodnature through the App;
    e) “terms” means these Goodnature App terms and conditions which are between you and Goodnature;
    f) “you” and “your” refers to an individual who uses one of our platforms; and
    g) “we”, “us”, “our” and “Goodnature” refers to Goodnature Limited.