MicroBio Terms and Conditions 

These terms and conditions (Terms) are divided into the following categories and all categories apply to users of this website. 

Definition Section: This Part contain definitions, registration terms and explains that use of the Website by you constitutes your agreement to the Terms. 

General Terms: This Part contains terms and conditions related to Products ordered using the Website. 

Registration:  This Part contains specific terms relating to registering with us as a product user and placing orders. 

Orders: This Part sets out how to order and the provisions relating to payment and cancellation. 

Delivery: This Part explains our methods of delivery and how to track your orders. 

Online Transactions: This part covers software used, data storage and security of data. 

Business Exclusions & Limitations: This part covers any limitations on our liability for products supplied. 

Returns: This Part specifies your rights to make claims for any products returned. 

Privacy – This Part contains general terms relating to privacy and sharing of information. 

Electronic Messages: This Part sets out your consent to receiving electronic messages and your right to unsubscribe. 

Content: This Part relates to Copyright, Trademarks and restrictions on the use of content. 

Unauthorised Use or Interference: This Part specifies the prohibition on interference with our website. 

Information, Interactive Features and Services: This Part sets out our commitment to accuracy of information on our website and our right to change information from time to time. 

Exclusion of Warranty and Liability: This Part sets out exclusions on our liability in relation to items such as website functionality, content, confidentiality and any inaccuracies. 

Additional: This Part  covers legal matters such as Governing Law, the right to suspend services and Contact Details. 

  1. Definitions 

Content – Any wording, photo, image, graphic or other item that appears on this website. 

Distribution Centre - 2/30 Augustus Terrace, Parnell, Auckland 1052. 

Micro Bio - Micro Bio Solutions Limited. 

Order – The process set out in clause 4.1. 

Products – Any items purchased via this website. 

Recipient - A person who registers to use the Website. 

Website - www.microbio.co.nz. 

  1. General Terms

2.1 Ownership: The Website is owned and operated by MicroBio Solutions Limited (referred to on this site as “Micro Bio”). 

2.2 Use of this Website: By accessing or using this Website you agree that you have read, understood, and agree to be bound by, the terms of this website. If you do not agree with these terms, then you are not permitted to use this Website to place orders or carry out any transactions. 

2.3 Modification to Terms: Micro Bio may modify, alter, or update the terms applicable to this Website from time to time. If you have registered with Micro Bio, we will send an email message to the last email address you provided to advise you of any changes to the terms. You agree to be bound by such terms as are in effect at the time at which you access this Website.  

  1. Registration

3.1 Registration: You must register with Micro Bio to place an order on this website. 

3.2 Passwords: When you register on the Website you will be asked to create a username, delivery address, email address and a password. Because your username and password allow online access to information you have given us, we advise you to keep your username and password secure and not to give them out to any other person. Micro Bio will never ask you to disclose your password. 

3.3 Password Security: You are entirely responsible for maintaining the security of your login details and password, and for all activity which occurs on or through your account. If any unauthorised party gains access to your username and password, please notify us immediately and change your password immediately. Micro Bio shall not have any liability arising from your failure to comply with these obligations. 

  1. Orders

4.1 How to Order: You may place an order with us by registering with us and providing details of your farm such as delivery address, number of cows being milked and your supplier number, if applicable. You will also need to enter your payment details. These will be saved for all future orders. If any details change you will need to update them in your account details; 

(a) log on and using your account name and password; 

(b) Use the “Order Now” button on the Website to place your order. Prices include delivery costs and GST. 

(c) submit the order to us using the “Confirm Order” button on the Website.  

4.2 Irrevocable: Orders are irrevocable and represent an offer by you to purchase the Products at the price and other terms displayed on the Website. 

4.3 Credit Card Details: At the time you place the Order we will ask you to provide your credit card details and we will charge the credit card you provide to us at the time your Order is accepted. As an alternative method of payment, you may set up regular monthly payments via internet banking. 

4.4 Order Status: We will send you an automated electronic message showing whether your Order is accepted or rejected. You may also log on using your account name and password at any time to see the status of your Order. 

4.5 Payment: At the time your Order is accepted we will: 

(a) apply any Discount applicable to reduce the price of the Order; and 

(b) debit your credit card with the balance of the price of the Order. 

4.6 Insufficient Funds: If the credit card we debit in accordance with clause 4.5(b) has insufficient funds we will endeavour to contact you and ask you provide an alternative credit card to debit, however if we are not able to contact you, or if you do not immediately provide an alternative credit card to debit, we may cancel your Order under clause 4.7(a) without further reference to you. 

4.7 Cancellation: Even though we may have accepted your Order, we may cancel your Order if: 

(a) the credit card you provided to us at the time of your Order has insufficient funds available to pay for your Order in full; 

or 

(b) for any other reason which is beyond our reasonable control including, without being limited to, industrial action, where the Products cannot be manufactured because of shortage of materials, where the Products have been destroyed or damaged before delivery to you and significant shipping delays or failures by suppliers to manufacture the Products to our required standards, or your refusal to accept delivery of the Products, we are unable to deliver the Products to you. 

4.8 Consequences of Cancellation: If we cancel your Order, we will immediately: 

(a) refund, by credit to the credit card you used to make payment for the Order, the amount debited to that account; 

and 

(b) we shall not be liable to you or any other person for any loss or damages suffered by you due to a failure by us to perform our obligations in the event of a cancellation pursuant to clause 4.7. 

4.9 Subscriptions: Your order will normally be a subscription for a minimum or ongoing period. If at any time after the minimum period you wish to unsubscribe you may do so by giving us 21-days’ notice by email to accounts@microbio.co.nz.  

  1. Delivery

5.1 Delivery Date: We will supply you with a target delivery date based on the information supplied to us by the Courier companies we use. Typically, for non-rural areas please allow 2-3 working days and for rural deliveries allow up to 5 working days from order being shipped.

5.2 Notice: We will endeavor to give you notice of changes in the target delivery date and you may use the Website at any time to see the real time status of where your Products are and any changes to the target delivery date. 

5.3 Risk: All risk in respect of the Products shall pass to you at the time our Courier companies first attempt to deliver the Products to you. 

5.4 Ownership: If we deliver the Products to you, ownership of the Products shall pass to you at time of delivery.  

5.5 Our Right to Cancel: We may cancel your Order without notice to you and clause 4.7 shall apply if you fail to accept delivery for any reason, or if we are not able to deliver the Products within 28 days of first trying to deliver the Products. 

5.6 Your Cancellation Right: If we are not able to deliver the Products in your Order within 1 month of the target delivery date then you may cancel the Order and we will refund any payment made by you for the Products not delivered. 

5.7 Exclusion of Liability: We shall have no liability to you for any losses arising by reason of delay in delivery, whatever the cause of the delay. 

  1. Online Transactions

6.1 Location and Price: Micro Bio is a New Zealand company. The prices of all Products on this Website are listed in New Zealand Dollars. 

6.2 Payment Services: Where payment for any Product or service is required, Micro Bio uses Windcave, (see https://www.windcave.com) to process those transactions. Windcave will process and store your personal information. 

6.3 Data Storage: While Windcave does store the personal data set out in its privacy policy, Windcave will not store raw magnetic stripe, card validation code (CAV2, CID, CVC2, CVV2), or PIN block data. Storage of that data is prohibited by the PCI DSS. 

6.4 Security: Windcave uses a variety of technologies and procedures to help protect personal information from unauthorised access, use or disclosure. Windcave has been set up in a secure fashion with minimal access to outside networks. Windcave is a validated Level 1 PCI DSS Compliant Service Provider and is on Visa’s Global Compliant Provider List and MasterCard’s SDP List. PCI-DSS is the Payment Card Industry Data Security Standard and is a set of security requirements relating to the protection of card holder data. The standard is governed by the PCI Security Standards Council, an organisation put together by most of the major card schemes VISA, MasterCard, American Express, JCB and Discover. 

6.5 PCI-DSS: PCI-DSS is the Payment Card Industry Data Security Standard is a set of security requirements relating to the protection of card holder data. The standard is governed by the PCI Security Standards Council, an organisation put together by most of the major card schemes VISA, MasterCard, American Express, JCB and Discover. It’s relevant for any entity that stores or transmits sensitive card holder data, that is generally things like the PAN (card number), Card security code, track data, PIN block. The current version of the standard is Version 1.2. Preceding PCI-DSS the card schemes had their own standards, the VISA Account Information Security (AIS) standard formed the basis to most of the PCI-DSS requirements. 

  1. Business Exclusions & Limitations

7.1 Where you use the Website to acquire Products in trade (for business purposes) you agree: 

That without restricting any other provision of these Terms limiting our liability to you, any claim which you may have against us, whether in contract, tort or otherwise as a result of any defect in the Products shall be limited, at our option, to the replacement of the defective Products or the refund of a maximum amount equal to amounts actually paid by you to us in respect of the defective Products.

7.2 We do not supply Products outside of New Zealand.

  1. Returns

8.1 Products to be returned to us: Where the Consumer Guarantees Act 1993 applies to the Products, and you wish to make a claim under that Act, you must return the Products to us so that we can inspect the Products and identify the source of the fault and whether it is able to be repaired. Subject to section 22 of the Consumer Guarantees Act 1993, it is your responsibility to cover any costs of returning the Products to us. 

  1. Privacy Policy

9.1 Application: This clause applies to all natural persons. 

9.2 General: Micro Bio recognises its responsibility and is committed to ensuring the privacy of your personal information. When you provide Micro Bio with personal information the terms of this privacy policy will apply to that information. The Office of the Privacy Commissioner (www.privacy.org.nz) provides further details of the Privacy Act and how it protects personal information in New Zealand. 

9.3 Information that we collect: Micro Bio collects, stores, and uses personal information about you which you have provided to us in any form or via the Website. Micro Bio collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number. Micro Bio may also collect anonymous demographic information, which is not unique to you, such as your postal code, age, gender. 

9.4 Collection and storage of personal information: Any personal information you provide will be held in accordance with the requirements set out in the Privacy Act 1993 and this clause 9. Personal information may be held by Micro Bio (or its agents) electronically or in hardcopy (in New Zealand or elsewhere) but in all cases Micro Bio will control that information.  

9.5 Use of your personal information: Micro Bio may use your personal information: 

(a) only for the purposes for which you provided it to Micro Bio; 

(b) if you have provided Micro Bio with an email address, to send you email messages to market or promote goods and services provided by Micro Bio; 

(c) to operate the Micro Bio website and deliver the products and services you have requested; 

(d) to inform you of other products or services available from Micro Bio and its affiliates. Micro Bio may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered; 

(e) to contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party; 

(f) and share that with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries of goods you have ordered. All such third parties are prohibited from using your personal information except to provide these services to Micro Bio, and they are required to maintain the confidentiality of your information. 

9.6 Who we share your information with: Micro Bio does not sell, rent, or lease its customer lists to third parties. Micro Bio may pass your personal information on to other people who have been authorised or licenced by Micro Bio so they can use your personal information for the purposes you provided it to Micro Bio – e.g. to our Courier companies to enable delivery of Products to you. Micro Bio will not release your personal information to any third party except where required to, permitted to by law, and where you have authorised us to do so, or where disclosure is connected to the purpose for which the information was collected. 

9.7 Access to, editing and deleting personal information: You may also ask us for access to, correction of, or deletion of, any personal information that we hold about you, by sending a written request to the email address below. It is your responsibility to ensure that personal information provided to us is accurate. You can ask to see the personal information that we hold about you by sending an email request to: accounts@microbio.co.nz. 

9.8 Questions: If you have any further questions relating to this clause, please contact our Privacy Officer by email at accounts@microbio.co.nz .  

  1. Electronic Messages

10.1 Consent to Receive Electronic Messages: If you enter your email address into the Website then you have agreed to Micro Bio providing you with unsolicited information about Micro Bio products and services in electronic form to that email address. 

10.2 Electronic Messages: Every unsolicited email which Micro Bio sends you containing information about Micro Bio products and services will include the following: 

(a) an unsubscribe facility which will remove your email address from the Micro Bio database within 5 working days of Micro Bio receiving your unsubscribe request.  

10.3 Removal of your Email Address: You may request that Micro Bio delete your email address at any time by either contacting Micro Bio by email or by using the functional unsubscribe feature on an email you may have received from Micro Bio. 

  1. Content

11.1 Copyright: Information on this Website is owned by or licenced to Micro Bio. All material on this Website, including, without limitation, text, images, designs, graphics, pictures, video, software, music and sound files, the layout, the look-and-feel and any other information contained on or in this Website (collectively referred to as the Content) is subject to copyright, various intellectual property protections (registered and unregistered) and other proprietary rights. 

11.2 Restrictions: You may not copy, reproduce, display, publish, upload post, transmit, store (including in electronic form) or modify in whole or part, whether in text, graphic, audio or video any part of the Content without the prior written permission of Micro Bio. You may not upload or republish Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Content is strictly prohibited. 

11.3 Trademarks: Trademarks, logos, model names, brands and service marks (collectively referred to as Marks) displayed on this Website are registered or unregistered Marks of Micro Bio, or have been licenced to Micro Bio for use on this Website by third parties. Micro Bio is the owner or licensee of the Marks. You may not use the any of Marks without the prior written permission of Micro Bio. 

  1. Unauthorised Use or Interference

12.1 Interference with the Website: You may not: 

(a) attempt to gain unauthorised access to any portion or feature of the Website, or attempt to obtain any materials, information or documents through any means not purposely made available by Micro Bio, including without limitation, hacking, password mining or otherwise accessing data without authorisation;  

(b) test the vulnerability of the Website or any network connected to the Website or seek to trace any information on any other user of the Website. 

(c) upload or use any software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or the Website. 

(d) use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website; 

(e) use automated scripts to collect information from, or otherwise interact with, the Website; 

(f) impersonate any person or entity, or falsely state or otherwise misrepresent yourself; 

(g) use or transmit the private information of any third party, including, without limitation, names, addresses, phone numbers and email addresses; 

12.2 Compliance with Laws: You agree to comply with all applicable laws and with these Terms at all times when using the Website. 

  1. Information, Interactive Features and Services

13.1 Subject to change: Micro Bio may from time to time make information, interactive features, services and information available on the Website. Micro Bio endeavours to ensure that all information (including product features, labelling, illustrations, representations, specifications and prices) whether alone or part of an interactive feature or service on this Website is accurate at the time it was uploaded to the Website. However, product features, product labelling, illustrations, representations, specifications and prices, are subject to change without notice and Micro Bio makes no commitment or representation as to the information or the availability of any goods or service 

13.2 Indicative Only: All information (including product features, labelling, illustrations, representations, specifications and prices) whether alone or part of an interactive feature or service and any visual representations provided by Micro Bio is for information purposes only and is not intended to be relied or acted upon for any particular purpose. 

 

 

  1. Exclusions of warranty and liability

14.1 Website availability: Micro Bio does not represent or warrant that the information, services or materials accessed from or through this Website will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected. 

14.2 Website functionality: Micro Bio makes no representation or warranty regarding the functionality or condition of this Website, its suitability for use, or that its use will be uninterrupted or error-free. 

14.3 Website content: Micro Bio may update the information or materials on this Website from time to time and no assurance or warranty is given that information or material on this Website is up-to-date, accurate, error-free or complete. 

14.4 Links: Links and references to other Websites may be included on this Website as a convenience only. Micro Bio may not have reviewed and does not endorse or assume any responsibility for any other Websites, material posted on them, or products or services offered on those websites. 

14.5 Transmitted Information: Information or material which you provide electronically through your access to or usage of this Website is not confidential or proprietary and you acknowledge that unprotected communication over the Internet is subject to possible interception, alteration or loss. You acknowledge that Internet transmissions are never entirely secure or private, and that any message or information you send to or through the Website may be read or intercepted by others, even where a Website is stated as being secure. Micro Bio shall have no liability for the interception or ‘hacking’ of data through the Website by unauthorised third parties. 

14.6 Overseas Use: You may not use the Website to place an Order for delivery outside of New Zealand. 

14.7 Liability excluded: Micro Bio will not be liable to any person or entity for any damage, direct or indirect, incidental, special, or consequential for access to, use of, or inability to use, this Website. Micro Bio assumes no liability for errors or omissions in the content or any services available on this Website including any inaccuracies and for any non-compliance by any goods or services with any representations, illustrations, specifications, product features, colour or other information contained on this Website. This Website and all content, features, and services on this Website are provided “as is” without warranty of any kind, whether express or implied, including but not limited to implied warranties of fitness for a particular purpose or non-infringement. 

  1. Additional

15.1 Entire Agreement: These Terms constitute the entire agreement concerning the supply of Products and use of the Website. No representation, warranty, term, or condition shall be binding on you or Micro Bio unless it is included in the Terms. 

15.2 Governing Law: These Terms will be construed and take effect as a contract made in New Zealand and will be governed by New Zealand law, and the parties submit to the non-exclusive jurisdiction of the New Zealand courts. 

15.3 Right to suspend, alter or cancel service. Micro Bio shall be entitled at any time without prior notice or any liability to you, to cancel or suspend any or all of the services provided through or by this Website and/or substitute alternative services, which may or may not be interactive or transactional in nature. 

15.4 Contact Details: If you have any further questions relating to these terms or the Website please contact Micro Bio by email at sales@microbio.co.nz.