Terms of Service

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OVERVIEW

This website is operated by Tahi Europe bv, a subsidiary of TAHI Estate Limited, a New Zealand-based company located at 1824 Pataua North Road RD 5, Whangarei 0175. Throughout the website, the terms "we," "us," and "our" refer to Tahi Europe bv. Tahi Europe bv offers this website, including all information, tools, and services available on this website, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our website and/or purchasing something from us, you are participating in our "Service" and agreeing to the following terms and conditions ("Terms of Service," "Terms"), including the additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the website, including, without limitation, users who are browsers, vendors, customers, merchants, and/or content providers.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to these Terms of Service. If you do not agree to all the terms of this agreement, you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

All new features or tools added to the current store are also subject to the 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 to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our shop is hosted by Shopify Inc. This company provides us with the online e-commerce platform that allows us to sell you our products and services.

SECTION 1 - ONLINE SHOP TERMS AND CONDITIONS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this website.

You may not use our products for illegal or unauthorized purposes, nor may you violate the laws of your jurisdiction (including, but not limited to, copyright laws) when using the service.

They must not transmit worms, viruses, or any other code of a destructive nature.

Any breach or non-compliance with any of the terms and conditions will result in the immediate termination of your services.

SECTION 2 - GENERAL TERMS AND CONDITIONS

We reserve the right to refuse service at any time and for any reason.

You understand that your content (excluding credit card information) may be transmitted unencrypted and that (a) transmissions over various networks and (b) changes may be necessary to adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks.

You agree not to reproduce, duplicate, 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 through which the Service is provided, without our express written permission.

The headings used in this agreement are for convenience only and do not restrict or otherwise affect these terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

Completeness or accuracy of the information provided on this website. The material on this website is for general information purposes only and should not be used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more up-to-date sources of information. Any reliance on the material on this website is at your own risk.

This site may contain certain historical information. Historical information is not necessarily current and is provided for your information only. We reserve the right to change the content of this site at any time, but are under no obligation to update information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - CHANGES TO SERVICE AND PRICES

The prices of our products are subject to change without notice.

We reserve the right to change or discontinue the service (or parts or content thereof) at any time and without prior notice.

We are not liable to you or any third party for any changes, price changes, suspensions or discontinuation of the service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may be available in limited quantities and can only be returned or exchanged according to our return policy. Our return policy can be found at www.tahihealth.com/pages/privacy-policy.

We have made every effort to display the colors and images of our products as accurately as possible in the store. However, we cannot guarantee that the color display on your computer monitor will be accurate.

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 product descriptions or product pricing are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time. Any offer made on this website for any product or service is void where prohibited.

We do not guarantee that the quality of the products, services, information or other materials you purchase or receive will meet your expectations, or that any errors in the service will be corrected.

SECTION 6 - ACCURACY OF INVOICE AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or through the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. If we change or cancel an order, we will attempt to notify you by contacting you via email and/or the billing address/phone number provided with the order. 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 complete and accurate purchase and account information. You agree to promptly update your account and other information, including your email address and credit card numbers and their expiration dates, so that we can complete your transactions and contact you if necessary.

For further details, please see our return policy at www.tahihealth.com/pages/return-policy.

SECTION 7 - OPTIONAL TOOLS

We may grant you access to third-party tools that we neither monitor nor control, nor over which we have any influence.

Tools are provided "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We assume no liability whatsoever arising from or related to your use of optional third-party tools.

The use of optional tools offered through the site is at your own risk and discretion. You should ensure that you are familiar with and agree to the terms and conditions under which the tools are provided by the respective third-party providers.

We may also offer new services and/or features through the website in the future (including the release of new tools and resources). These new features and/or services will also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available through our service may contain materials from third parties.

Third-party links on this website may redirect you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these websites, and we do not warrant or assume any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services provided by third parties.

We are not liable for any damages related to the purchase or use of goods, services, resources, content, or other transactions in connection with third-party websites. Please carefully review and understand the third party's policies and practices before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you submit certain types of materials (e.g., contest entries) or, with or without such request, 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 and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments you forward to us. We are and shall remain under no obligation (1) to maintain Comments in confidence; (2) to pay compensation for Comments; or (3) to respond to Comments.

We may, but are not obligated to, monitor, edit, or remove content that, in our sole discretion, is unlawful, abusive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes any party's intellectual property or these Terms of Service.

You agree that your comments will not infringe any rights of third parties, including copyrights, trademark rights, privacy rights, personality rights, or other personal or proprietary rights. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive, or obscene material, or contain computer viruses or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, impersonate someone else, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for your comments and their accuracy. We assume no responsibility or liability for any comments posted by you or any third party.

SECTION 10 - PERSONAL DATA

Your transmission of personal data via the shop is subject to our privacy policy. You can find our privacy policy at www.tahihealth.com/pages/privacy-policy

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, our website or service may contain information that includes typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping costs, 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 but not limited to pricing information, except as required by law. No specified update or refresh date in the Service or on any related website should be construed as indicating that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to the other prohibitions set out in the Terms of Service, you are prohibited from using the Site or its content:

(a) for unlawful purposes; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to transmit false or misleading information;

(g) to upload or transmit viruses or other types of malicious code that will affect or may affect the function or operation of the Service or related websites, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, impersonate, spider, crawl, or scrape; (j) for obscene or immoral purposes; or (k) to disrupt or circumvent the security features of the Service or related websites, other websites, or the Internet. We reserve the right to terminate your use of the Service or related websites for any prohibited uses.

SECTION 12BIS – INTELLECTUAL PROPERTY

Tahi™ and Kaea™ are trademarks of Tahi Estate Limited, its subsidiaries or are otherwise authorized to use these trademarks.

SECTION 13 - DISCLAIMER; LIMITATION OF LIABILITY

We do not guarantee or warrant that you will be able to use our service without interruptions, in a timely manner, securely, or without errors.

We do not guarantee that the results obtained through the use of the service are accurate or reliable.

You agree that we may remove the service from time to time for indefinite periods or terminate the service at any time without prior notice to you.

You expressly agree that your use of, or inability to use, the Service is solely at your own risk. The Service and all products and services provided to you through the Service are provided (unless expressly stated otherwise by us) "as is" and "as available" for your use, without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, durability, title, and non-infringement.

Tahi Europe bv, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors shall in no event be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, data loss, replacement costs, or similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising out of your use of the Service or products obtained through the Service, or for any other claims related in any way to your use of the Service or any product, including but not limited to errors or omissions in content or any loss or damage of any kind caused by the use of the Service or content (or products) posted, transmitted, or otherwise made available through the Service, even if advised of the possibility of such loss or damage.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in those states or jurisdictions our liability is limited to the maximum extent permitted by law.

SECTION 14 - COMPENSATION

You agree to indemnify and hold harmless Tahi Europe bv and our parent companies, subsidiaries, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any and all claims and demands of third parties, including reasonable attorneys' fees, arising out of your breach of these Terms of Service or the documents referenced in these Terms of Service, or your violation of any law or the rights of third parties.

SECTION 15 - SEPARATION

Should any provision of these Terms of Service be found to be unlawful, invalid, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such a finding shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties that arose before the termination date shall remain in effect for all purposes even after the termination of this agreement.

These Terms of Service remain in effect until terminated by 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 by ceasing to use our website.

Furthermore, if, in our sole discretion, you breach any term or provision of these Terms of Service, or we suspect that you have breached any term or provision of these Terms of Service, we may terminate this agreement at any time without notice, in which case you will remain liable for all amounts due up to and including the termination date; and/or we may accordingly deny you access to our services (or parts thereof).

SECTION 17 - ENTIRE AGREEMENT

Our failure 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 this site or in respect of the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all 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 the interpretation of these terms of service shall not be interpreted to the detriment of the drafting party.

SECTION 18 - APPLICABLE LAW

These Terms of Service and any separate agreements under which we provide services to you are governed by and construed in accordance with the laws of Mesa (Arizona, USA).

SECTION 19 - CHANGES TO THE TERMS OF SERVICE

You can view the most up-to-date 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 website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions regarding the terms of service should be sent to kontakt@tahihealth.de.

Our contact information can be found below:

contact@tahihealth.com

Tahi Europe bv

Prins Hendrikkade 21 E, 1012TL Amsterdam. NL