Online terms of trade 

These terms govern the supply of Goodnature products ordered through our online store (“Products”).  By ordering through our online store, you accept these terms. Unless we have signed a separate contract with you, or we specifically agree otherwise in writing, these terms override any inconsistent terms in any other communication or agreement.

References in these terms to “we”, “us” and “our” are to Goodnature Limited.  References to “you” and “your” are to the person recorded as the customer (or any similar label such as buyer or purchaser) when placing the order for Products.

Ordering

We are not obliged to accept any order. If we decide not to accept your order, we will notify you as soon as reasonably practicable and refund to you any payment in full.

Delivery

We will use reasonable endeavours to dispatch the Products in sufficient time so that our chosen carrier is able to deliver the Products to you within the delivery timeframes specified as part of the ordering process on our website.  However, all delivery timeframes are estimates only, and we are not responsible for any delay by the carrier.  

We are not responsible for any damage to Products that occurs after they are collected for delivery by the carrier.  In that case you will need to lodge a claim against the carrier.

Customs costs

Unless stated otherwise, the price specified in your order details excludes any import duties and other fees or taxes imposed or collected at the border of the delivery destination country.  You may need to pay those amounts in order for the Products to be released for delivery to you. We are not responsible for those amounts.

No purchase for resale

All Products ordered through our online store are for personal use and gifting only. You agree not to purchase any Products for the purpose of resale.  We reserve the right to take legal action against unauthorised and unofficial sale of goods.

Consumer rights

As you are ordering from Australia:

You have rights under the Australian Consumer Law.  You can find out more about your rights here.

Repairs, replacements and refunds

Under this heading, we set out your contractual rights to repair, replacement or refund.  Nothing under this heading takes away from your rights under consumer protection laws (see “Consumer rights” above).

If it is shown that a Product was damaged or faulty before it was collected for shipping to you (not damaged in transit or afterwards), we will repair or replace the Product or refund you the amount you paid for the Product.  If you receive a Product from us that not the one you ordered, we will replace the incorrect Product with the correct one or refund you the amount you paid. The choice between repair, replacement or refund is for us to make. If we require you to return the Product for repair, refund or replacement, you must cover the costs of shipping it back to us.

We are not required to provide a repair, replacement or refund for a Product unless:

  • you send us full details of the problem at hello@goodnature.com.au within 7 days of receiving the Product
  • you hand the Product over to our recommended carrier within 7 days of us asking you to return it, and
  • the returned Product is in its original condition and packaging, except where the reason for the return is that it was damaged or faulty before we shipped it to you.

We are not required to provide a repair, replacement or refund for a Product that:

  • has been damaged during shipping (in that case, you must file a claim with the carrier)
  • you or a third party (i.e. not us) have serviced, attempted to service, modified, tampered with, misused or abused
  • has used CO2 cylinders or other accessories from a third party supplier
  • has been installed, operated, maintained or used in a manner contrary to the instructions provided with the Product or that we have communicated to you, including via our website, or
  • otherwise has been damaged as a result of causes beyond our reasonable control.

Our liability

Under this heading, we set out limitations and exclusions of our liability to you. However, nothing under this heading takes away from your rights under consumer protection laws (see “Consumer rights” above).

The Products are sold to you on the understanding that you have sole responsibility for determining their suitability for the purposes for which you intend to use them.

Our liability to you for any loss or damage suffered by you as a result of us breaching our obligations under these terms, or any other legal duty relating to the Products (including arising by reason of defects in the Products) is limited to a repair, replacement or refund of the relevant Products.

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 these terms or any Products.

Except as stated otherwise in these terms, we give no warranty in respect of the Products, and we exclude all warranties that would otherwise be implied.

The limitations and exclusions under this heading apply to all liability (including for negligence), regardless of the legal basis of the claim, but only to extent permitted by law.

Other matters

To the fullest extent permitted by law, these terms together with your order (as accepted by us) are the whole agreement between you and us relating to the purchase and supply of any Products, and take the place of all prior discussions and agreements.

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.

These terms and your order 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 and/or any Products.  If you are ordering from Australia, this does not exclude the application of the Australian Consumer Law.

Goodnature App Terms & conditions

Effective from 29th May 2019

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

1. 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:

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.  

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.

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.

2. 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:

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.

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.

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.

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.

3. 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:

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).

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.

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.

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.

4. 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).

5. 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, although this does not affect your rights under consumer protection legislation (more details further below):

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 as far as permitted by law, we aren’t liable for any loss you suffer because you are unable to access or use the App or Services. 

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.

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.

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.

6. 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:

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.

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. 

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. 

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.

7. 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:

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.

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.  

You may have rights under consumer law.

If you are based in Australia, you have rights under the Australian Consumer Law.  You can find out more about your rights here.  Nothing in these terms takes away from your rights under the Australian Consumer Law.

8. 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.

9. General

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.

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.

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.  If you are resident in Australia, this does not exclude the application of the Australian Consumer Law.

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.com.au

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.

10. Definitions

In these terms:

“App” means the Goodnature Chirp app;

“personal information” means information about an identifiable individual (as defined in the Privacy Act 1993), including you;

“product” means goods or services provided by Goodnature (including Goodnature traps and related goods and services);

“Services” means services provided by Goodnature through the App;

“terms” means these Goodnature App terms and conditions;

“you” and “your” refers to an individual who uses one of our platforms; and

“we”, “us”, “our” and “Goodnature” refers to Goodnature Limited.