You may browse and access information contained within this web site without providing any personal information. Where you voluntarily provide personal information (e.g. through online forms), we will only use that information to undertake any transactions with you. We will keep any such information secure and will not disclose it to any third parties. To view any personal information held by us, or if you have any concerns about personal information that we hold, please write to: The Privacy Officer Heart Foundation PO Box 17160 Greenlane Auckland 1546
All information provided by us on this Website is provided in good faith. You accept that any information provided by us is general information for personal and non-commercial use and is not in the nature of advice. It has not been prepared by taking into account the particular objectives, situation, health or needs or any individual users.
The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Please consult your health care provider if you have, or suspect you have, a health problem. You should always seek the advice of physicians or other qualified health providers with any questions regarding a medical condition. You should never disregard professional medical advice or delay in seeking it because of something on the Website. The Website does not recommend or endorse any specific tests, products, procedures, opinions, or other information that might be mentioned on the Website.
We derive our information from a variety of sources, which we believe to be accurate and up to date as at the date of publication. Where the health information provided has been developed by us, whether in our own right or in conjunction with any third party, that information is based on independent research and the available scientific evidence at the time of writing. Inclusion of information on this Website or links to third party sites is not an endorsement of any organisation, product or service.
We reserve the right to update this information from time to time.
Although we have tried to ensure the content on this Website is reliable, accurate and complete, we do not make any representations or warranties that such information is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. Any use of our materials on this Website is at your own risk.
We and our employees, related parties, directors, officers, committee members, research fellows, servants, agents, board members, volunteers, contractors, subcontractors and collaborators are not liable for any loss or damage resulting from any action taken or reliance made by you on any information (including any health specific information) or material posted by us including as to its accuracy, currency and completeness. You should make your own inquiries and seek independent advice from relevant industry and/or health professionals before acting or relying on any information or material, which is made available to you.
All intellectual property on this Website, including without limitation, the text, graphics, photographs, logos, icons, buttons, images, copyright works and trade marks, is owned by us (or by third party content suppliers). For the avoidance of doubt, the New Zealand Heart Foundation logo must not be reproduced or used in any way unless we provide prior written approval. We are the exclusive owner of all rights in the compilation, design and layout of this Website.
You must ensure that your access to this Website is not illegal or prohibited by laws that apply to you.
You may access, view, reproduce and print the content on this Website, provided you only use that content for informational and other non-commercial purposes (including without limitation, personal shopping), and any reproduction includes a prominent acknowledgement of our rights in the relevant content.
We reserve the right to prohibit links to the Website, and you agree to remove or cease any link upon our request. You may not frame any part of the Website material by including advertising or other revenue-generating material.
The Website may contain links to third party websites. These websites have not been prepared by us and are not controlled by us. They are provided for your convenience only, and do not imply that we check, endorse, approve or agree with third party websites this Website links to.
The content of the Website may include information or commentary provided by users or other third parties. We are not responsible for the content provided by users or third parties, and we are under no obligation to monitor or remove any third party content or user comments.
You agree to indemnify, hold harmless and defend us and our employees, related parties, directors, officers, committee members, research fellows, servants, agents, board members, volunteers, contractors, subcontractors and collaborators from any loss, liability, claim, demand, damage, or expenses (including reasonable attorneys’ fees) asserted by any third party due to or arising from or in connection with your use of or conduct on this Website or from any content or messages posted or transmitted by you on or through the Website We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
If you provide or contribute any content or other materials to us and/or to this Website (User Content), you agree that we, and anyone authorised by us, can use that User Content in any manner free of any obligation to you. This includes granting us the right to copy, distribute, modify, licence and exploit any User Content in perpetuity by any means and media now known or developed in the future, without payment or other consideration to you or any other person, including use in advertising and promotion. By posting or uploading any User Content to this Website or providing any User Content to us, you automatically and irrevocably:
Unless we agree otherwise in writing, if you are provided with password access to this Website that is provided only for your personal use. You are not authorised to give your password to any other party. You are authorised to print a copy of any information contained on this Website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this Website.
You agree to us using "cookies" to provide you with access to tailored information and services on the Website and to serve you better when you return to it. A cookie is a small data file that the Website sends to your browser, which may then be stored on your system for later retrieval by the Website. Cookies track your movements through different Websites, and are widely used on Websites to help with navigation and to help personalise your experience when you visit a Website.
You may offer to purchase any of the goods described on this Website for the price (if any) specified on this Website. Your order is subject to the Terms of Sale for those goods.
By ordering any of the goods described on this Website, you acknowledge and agree that:
To the extent permitted by law:
Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included, but to the fullest extent permitted by law our liability will be limited for a breach of that condition or warranty to:
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. You should never share your secure information and/or password and identifier with any other person.
4. We may collect personal information about you (such as your first and last name, mailing address, telephone number, e-mail address, credit card number), directly from you, when you use the Website, over the phone, by letter or email.
5. We will only use and disclose your personal information for the purposes for which it was collected (or otherwise as required or authorised by law). This may include using your personal information for the following purposes:
6. From time to time, we may also contact you for market research purposes or to provide you with information about new products or services or special offers and promotions. This may include information about our programmes, research funding, special events, donor and fund-raising programs. We will allow you to opt in before receiving any unsolicited content. If you do opt in, we will also give you the opportunity to opt out of receiving such direct marketing or market research content.
7. If you do not want your personal information to be collected, please do not submit it to us. Please note that if you elect not to provide certain personal information to us, we may not be able to provide you with the services, products or information you require.
8. For the purposes we have described, we may disclose your personal information:
9. We may also disclose your personal information to anyone who hosts or maintains data centres, service platforms and other infrastructure and systems on behalf of us, where your personal information is processed and/or stored.
10. We will take reasonable steps to ensure that the persons and organisations to whom we disclose personal information are bound to protect the privacy of that personal information. Please note that some of the persons to whom we disclose personal information may be situated outside New Zealand. Our Website and systems may also be based on servers located outside of New Zealand.
11. If you have shared your information to us regarding any personal stories of heart disease, we will only shares these stories (via avenues such as in newsletters or on the Website) with your express written permission.
12. We take reasonable measures to ensure the security of your personal information that is held by us from such risks as loss, misuse, unauthorised access, disclosure, alteration and destruction. We remind you, however, that if you send information to our Website, the Internet is not a secure environment and although all reasonable care is taken, we cannot warrant or guarantee the security of information you provide to us via electronic means.
13. If you identify any inaccuracy in your personal information, or you need to make a change to or would like to verify such information, please contact us so that we may update our records or you may go online to the Website and update your own information. Our contact information is set out in paragraph 16 below.
14. Where you request details of your personal information and the information requested is not readily retrievable, we may charge a reasonable fee for the cost of accessing or retrieving that information. We note that we are not required to provide access to information in certain situations, but if we refuse access, we will give you our reasons for doing so.
15. We will keep your personal information for only as long as is necessary to achieve the purpose for which we collected it.
9 Kalmia St,
1.1 In these Terms of Sale, unless the context indicates otherwise, the following words and expressions have the following meanings: Order means an order submitted by you to purchase Goods by facsimile, telephone, email or by using the online order process on the Website; Goods means any goods supplied, or to be supplied by us to you from time to time in accordance with these Terms of Sale; Terms of Sale means these terms of sale; and Website means the website www.heartfoundation.org.nz
2.1 The sale by Heart Foundation of New Zealand (referred to in these Terms of Sale as "we", "our" or "us") of all Goods described on the Website is subject to these Terms of Sale. By submitting an Order to us, you agree to be bound by these Terms of Sale.
3.1 Any information we provide in respect of the Goods (including but not limited to price lists) does not constitute an offer to sell but constitutes an invitation to treat only, and is subject to the availability of the Goods, which may change from time to time.
3.2 An Order that is submitted by you is an offer to purchase Goods at our current price at the date of the Order (plus any delivery charges or other applicable charges payable by you).
3.3 If you submit an Order, it will be deemed as accepted by us upon receipt unless we notify you otherwise.
3.4 We will not be liable for any damage, loss or expense, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with your reliance on any Order that has not been accepted by us.
3.5 A contract is formed between you and us on acceptance of the Order by us (Contract). The Contract is governed by these Terms of Sale.
3.6 You are also permitted to cancel or vary the Order if you contact us before the time the Goods are packed for delivery.
4.1 By submitting an Order to purchase any Goods described on the Website, you acknowledge and agree that:
4.2 You acknowledge that despite our reasonable precautions, Goods may be listed at an incorrect price or with incorrect information due to an error or oversight.
5.1 The price of Goods will be the price displayed on the Website at the time the Order is submitted.
5.2 The price of Goods is displayed in NZ dollars on the Website and includes Goods and Services Tax (unless stated otherwise).
5.3 The price of Goods does not include costs for delivery within or outside of New Zealand. Any such delivery costs shall be identified and included in the price payable for the Goods at the point of checkout online. For clarity, all costs of, and associated with, delivery will be your responsibility, unless we agree otherwise in writing.
You must pay for any Goods ordered at the point of checkout online by credit card (VISA or Mastercard only) or EFTPOS. We do not accept cash, cheque, voucher or any other form of payment for online sales.
6.1 We reserve the right to pass on any costs associated with particular forms of payment (including, without limitation, merchant fees charged on credit card payments).
6.2 If your credit card is declined by your financial institution, delivery of the relevant Order will not be made. We may contact you to seek to make alternative payment arrangements.
6.3 We reserve the right to refuse to accept payment from you by credit card for any reason whatsoever.
6.4 You will be notified of any adjustments made to the total price of your Order on the invoice, which will accompany the confirmation of our acceptance of the Order.
6.5 If you have paid an incorrect amount for any Goods ordered, we shall be paid by, or refund to, you the necessary adjustment amount to reflect the correct amount which should have been paid. To avoid doubt, delivery of the relevant Order will not be made until payment is made in full and received by us.
6.6 We reserve the right to change at any time the way in which customers pay for Goods, and any change will be notified to you prior to the change coming into effect.
7.1 Delivery will occur when the Goods are first left at your premises or at any other address nominated by you as part of the order process online and agreed by us. Your signature will not be required as proof of delivery.
7.2 Subject to your rights under the Consumer Guarantees Act, every effort will be made to deliver the Goods within the estimated delivery timeframes, but any such timeframe represents an estimate only and failure to deliver within that timeframe will not constitute a breach of the Contract, whether the delay has been due to causes beyond our control or otherwise.
7.3 We reserve the right to withhold delivery of any Goods ordered by you for any reason whatsoever. You will receive a refund equivalent to the payment you made to us for Goods that are withheld.
8.1 Risk in and title to the Goods will pass to you on delivery.
9.1 You have a right to a remedy if any Goods purchased from us do not meet a consumer guarantee under the Consumer Guarantees Act. The type of remedy, and who must provide it, will depend on the problem and which consumer guarantee was not met. If there is a major failure, you can: reject the goods and choose a refund or replacement; or ask for compensation in any drop in value of the Goods. If a fault is not major and can be repaired within a reasonable time, we may choose to: provide a refund, replace the goods or repair the goods. 9.2 If you receive a damaged Good, please contact us immediately. Do not discard any damaged packaging. We will arrange a pre-paid address for Goods damaged prior to delivery to be returned. All returns are sent via a traceable method. 9.3 Please include the following information with your return shipment:
10.1 We may, without prejudice to any other rights and remedies we may have at law or in equity, terminate any Contract or Order with you or suspend any further deliveries under any such Contract or Order if any of the following events occur:
To avoid doubt, we will not be liable for any loss or damage whatsoever arising from such termination or suspension.
11.1 To the fullest extent permitted by law:
11.2 Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included, but to the fullest extent permitted by law our liability will be limited for a breach of that condition or warranty if the breach relates to:
11.3 These Terms of Sale do not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot lawfully be excluded. No provision of these Terms of Sale is intended to exclude, restrict or modify any rights you may have under the New Zealand Consumer Guarantees Act 1993. However, if you are using any Goods purchased from us for business purposes:
12.1 We may vary these Terms of Sale for reasonable reasons (such as to reflect changes in law or commercial practices) and from time to time by:
and any such variation will apply in respect of Goods ordered by you after the date of notification or posting, as the case may be.
12.2 These Terms of Sale, as varied from time to time, constitute the entire agreement between you and us.
12.3 You acknowledge that the United Nations Convention on Contracts for the International Sale of Goods 1980 does not apply to any Contract or Order.
12.4 You (and any person accepting these Terms of Sale on your behalf) warrant that you have the appropriate authority to accept these Terms of Sale.
12.5 If we fail to enforce any of these Terms of Sale or fail in any way to exercise our rights under them, we will not be deemed to have waived those rights with respect to any subsequent breach of any term or condition or right.
12.6 If any provision of these Terms of Sale is or becomes invalid or unenforceable, that provision will be deemed deleted from these Terms of Sale. The invalidity or unenforceability of that provision will not affect the other provisions of these Terms of Sale, all of which remain in full force and effect to the extent permitted by law, subject to any modifications made necessary by the deletion of the invalid or unenforceable provision.
12.7 These Terms of Sale will be governed by and interpreted in accordance with the laws of New Zealand, and you agree to submit to the jurisdiction of the New Zealand courts.
The Card security code is located on the back of your MasterCard or Visa credit or debit cards and is typically a separate group of 3 digits to the right of the signature strip. On American Express cards, the Card security code is a printed in a group of four digits on the front towards the right.