TERMS OF SERVICE - Maxwell & McIntyre
OVERVIEW
This website is operated by Maxwell & McIntyre Natural Oral Health Limited. Throughout the site, the terms "we", "us" and "our" refer to Maxwell & McIntyre Natural Oral Health Limited. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that:
- You are at least 18 years of age, or the age of majority in your jurisdiction
- If you are under 18, you have parental/guardian consent to use this site
- You have the legal right and capacity to enter into this agreement
- You will use our products in compliance with all applicable laws
Important: You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws and health regulations).
A breach or violation of any of these Terms will result in immediate termination of your access to our services.
SECTION 2 - HEALTH AND MEDICAL DISCLAIMERS
IMPORTANT HEALTH NOTICE:
- Our products are not intended to diagnose, treat, cure, or prevent any disease
- Information on this website is for educational purposes only and should not replace professional medical advice
- Always consult with a qualified healthcare provider before starting any new oral health regimen
- If you experience adverse reactions to any product, discontinue use immediately and consult a healthcare professional
- Our products are intended for external/oral use only unless specifically stated otherwise
Product Safety:
- Keep all products out of reach of children under 3 years of age
- Do not use if you are allergic to any listed ingredients
- Pregnant or nursing mothers should consult their healthcare provider before use
SECTION 3 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
Data Security: Your content (excluding credit card information) may be transferred unencrypted across various networks. Credit card information is always encrypted during transfer.
Intellectual Property: You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission.
SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We strive to provide accurate product information, but we are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making health-related decisions.
Your Responsibilities:
- Verify product suitability for your specific needs
- Read all product labels and ingredients before use
- Monitor our site for updates to terms and product information
SECTION 5 - PRODUCTS AND SERVICES
Product Availability: Some products may be available exclusively online and may have limited quantities. Returns and exchanges are subject to our Refund Policy.
Product Display: We make every effort to display colors and images accurately, but cannot guarantee that your monitor's display will be accurate.
Geographic Restrictions: We reserve the right to limit sales to any person, geographic region, or jurisdiction, exercised case-by-case.
Quality Disclaimer: We do not warrant that product quality will meet your expectations, though we stand behind our products as described in our warranty terms.
SECTION 6 - BILLING AND ACCOUNT INFORMATION
Order Management: We reserve the right to refuse, limit, or cancel any order. Restrictions may apply to orders placed by dealers, resellers, or distributors.
Account Accuracy: You agree to provide current, complete and accurate purchase and account information and to promptly update this information as needed.
Order Changes: If we modify or cancel an order, we will attempt to notify you via the email and/or billing address provided.
For detailed refund information, please review our Refund Policy.
SECTION 7 - PRIVACY AND DATA PROTECTION
Your privacy is important to us. The collection and use of your personal information is governed by our Privacy Policy.
Your Rights: Under New Zealand privacy laws, you have the right to:
- Access your personal information
- Request correction of inaccurate information
- Request deletion of your information (subject to legal requirements)
- Withdraw consent for marketing communications
SECTION 8 - THIRD-PARTY TOOLS AND LINKS
We may provide access to third-party tools without monitoring or control. Use of these tools is entirely at your own risk. We are not liable for any harm related to third-party websites, products, or services.
Third-Party Reviews: Please review third-party policies carefully before engaging in any transactions.
SECTION 9 - USER COMMENTS AND FEEDBACK
Content Submission: By sending us comments, feedback, or creative ideas, you grant us the right to use, edit, copy, publish, and distribute this content without compensation or obligation to maintain confidentiality.
Content Standards: Your comments must not:
- Violate any third-party rights
- Contain unlawful, abusive, or obscene material
- Include malicious code or false information
- Misrepresent your identity
We may monitor, edit, or remove content at our sole discretion.
SECTION 10 - CONSUMER GUARANTEES (NEW ZEALAND)
Under New Zealand's Consumer Guarantees Act 1993, our goods come with guarantees that cannot be excluded under law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
Fair Trading: We comply with the Fair Trading Act 1986 and will not engage in misleading or deceptive conduct.
SECTION 11 - PROHIBITED USES
You are prohibited from using our site or content for:
- Any unlawful purpose or to solicit unlawful acts
- Violating any laws, regulations, or ordinances
- Infringing intellectual property rights
- Harassment, abuse, or discrimination
- Submitting false or misleading information
- Uploading viruses or malicious code
- Collecting personal information of others
- Spam, phishing, or other deceptive practices
- Interfering with site security features
Consequences: Violation of prohibited uses may result in immediate termination of service.
SECTION 12 - LIMITATION OF LIABILITY
Service Availability: We do not guarantee uninterrupted, timely, secure, or error-free service.
"As Is" Provision: Services and products are provided "as is" and "as available" without warranties of any kind.
Liability Limitation: Maxwell & McIntyre Natural Oral Health Limited, our directors, officers, employees, and affiliates shall not be liable for any direct, indirect, incidental, or consequential damages arising from your use of our service, except where prohibited by law.
Maximum Liability: Where liability cannot be excluded, our maximum liability is limited to the amount you paid for the specific product or service.
SECTION 13 - INDEMNIFICATION
You agree to indemnify and hold harmless Maxwell & McIntyre Natural Oral Health Limited and our associates from any claims arising from your breach of these Terms or violation of any law or third-party rights.
SECTION 14 - TERMINATION
By You: You may terminate these Terms at any time by ceasing to use our services and notifying us.
By Us: We may terminate your access if you fail to comply with any term or provision, with or without notice.
Effect: Termination does not relieve you of obligations incurred prior to termination.
SECTION 15 - GOVERNING LAW
These Terms are governed by New Zealand law. Any disputes will be subject to the exclusive jurisdiction of New Zealand courts.
Dispute Resolution: We encourage good faith efforts to resolve disputes informally before pursuing legal action.
SECTION 16 - CHANGES TO TERMS
We reserve the right to update these Terms at any time. Changes will be effective when posted on our website. Your continued use constitutes acceptance of changes.
Notification: For significant changes, we may provide additional notice via email.
SECTION 17 - CONTACT INFORMATION
For questions about these Terms of Service, contact us at:
Maxwell & McIntyre Natural Oral Health Limited
- Email: contact@maxwellandmcintyre.co.nz
- Address: 537H Kerikeri Road, Kerikeri, Northland, 0293
- Phone: 0272759315
- Company Registration: 9429051030537
- GST Number: 137-769-948
SECTION 18 - MISCELLANEOUS
Entire Agreement: These Terms constitute the entire agreement between you and us.
Severability: If any provision is deemed invalid, the remaining provisions remain in effect.
Waiver: Our failure to enforce any right does not constitute a waiver of that right.
Language: These Terms are drafted in English. Any translations are for convenience only.
Last updated: August 3, 2025 Version: 2.0