Terms & Policies

Introduction

313-NC Limited (we, us, our) complies with the New Zealand Privacy Act 2020 (the Act) when dealing with personal information.  Personal information is information about an identifiable individual (a natural person).

This policy sets out how we will collect, use, disclose and protect your personal information.

This policy does not limit or exclude any of your rights under the Act.  If you wish to seek further information on the Act, see www.privacy.org.nz.

Changes to this policy

We may change this policy by uploading a revised policy onto the website.  The change will apply from the date that we upload the revised policy. (This policy was last updated on 2 October 2023.)

Who do we collect your personal information from

We collect personal information about you from:

• you, when you provide that personal information to us, including:
• third parties where you have authorised this or the information is publicly available.

If possible, we will collect personal information from you directly. 

How we use your personal information

We will use your personal information:

• to verify your identity;
• to provide services and products to you;
• to market our services and products to you, including contacting you electronically;
• to improve the services and products that we provide to you
• to respond to communications from you, including complaints;
• to arrange for delivery of products to you;
• to conduct research and statistical analysis on an anonymised basis
• to protect and/or enforce our legal rights and interests, including defending any claim;
• for any other pruspose authorised by you or the Act

Disclosing your personal information

We may disclose your personal information to:

• another company within our group;
• any business that supports our services and products, including, but not limited to:
• other third parties (for anonymised statistical information);
• a person who can require us to supply your personal information (e.g. a regulatory authority);
• any other person authorised by the Act or another law (e.g. a law enforcement agency); and
• any other person authorised by you.

A business that supports our services and products may be located outside New Zealand.  This may mean your personal information is held and processed outside New Zealand.

We may transfer your information in the case of a sale, merger, consolidation, liquidation, reorganisation or acquisition.

Protecting your personal information

We will take reasonable steps to keep your personal information safe from loss, unauthorised activity, or other misuse.

Accessing and correcting your personal information

Subject to certain grounds for refusal set out in the Act, you have the right to access your readily retrievable personal information that we hold and to request a correction to your personal information.  Before you exercise this right, we will need evidence to confirm that you are the individual to whom the personal information relates.

In respect of a request for correction, if we think the correction is reasonable and we are reasonably able to change the personal information, we will make the correction.  If we do not make the correction, we will take reasonable steps to note on the personal information that you requested the correction.

If you want to exercise either of the above rights, email us at [insert email address].  Your email should provide evidence of who you are and set out the details of your request (e.g. the personal information, or the correction, that you are requesting).

We may charge you our reasonable costs of providing to you copies of your personal information or correcting that information.

Internet use

While we take reasonable steps to maintain secure internet connections, if you provide us with personal information over the internet, the provision of that information is at your own risk.

If you follow a link on our website to another site, the owner of that site will have its own privacy policy relating to your personal information.  We suggest you review that site’s privacy policy before you provide personal information.

COOKIES

We use cookies (an alphanumeric identifier that we transfer to your computer’s hard drive so that we can recognise your browser) to monitor your use of the website.  You may disable cookies by changing the settings on your browser, although this may mean that you cannot use all of the features of the website.

CONTACTING US

If you have any questions about this privacy policy, our privacy practices, or if you would like to request access to, or correction of, your personal information, you can contact us at contact@ecorecycle.co.nz.

 

1 ABOUT THE TERMS AND CONDITIONS

1.1    These terms and conditions of return and reward, together with all information and documents referred to within them (collectively our Terms and Conditions) governs your use of the ECORECYCLE Programme (the Programme) operated by 313-NC Limited (we, us, our) via our website, https://ecorecycle.co.nz/ (the Website).

1.2    By agreeing to engage in the Programme, you agree to and accept these Terms and Conditions as well as our Privacy Policy and Website Terms.

1.3    Please make sure you have read these Terms and Conditions carefully before agreeing to engage in the Programme.

1.4 If you do not agree to these Terms and Conditions, you are not authorised to engage in the Programme.

2 CHANGES

2.1    We may change these Terms and Conditions at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately and will apply to any return orders placed on or after the date of change. You are responsible for ensuring you are familiar with the latest Terms. By continuing to use the Programme, you agree to be bound by the changed Terms.

2.2    These Terms were last updated on 4 October 2023.

3 R18 POLICY

3.1    All vaping products are solely for use by adults of the legal smoking age (18+). By use of the Programme you warrant that you are over the age of 18 years and are legally entitled to purchase vaping products.

3.2    At the time of placement of a return order you wil be required to upload valid photo identification (e.g. driver’s license or passport). This will be verified by our staff before your order is processed.

4 ABOUT THE PROGRAMME

4.1    We have created the Programme to enable our customers to recycle used AirPops Eco products and earn financial rewards for doing so.

4.2    Personal information you provide in relation to the Programme will be collected and used in accordance with our Privacy Policy.

5 SHIPPING POLICY FOR RETURN OF PRODUCTS

5.1    To return used AirPops Eco products under the Programme you must:

a.    arrange for a return order through the Website by filling out a return order form;
b.    place the products safely in the courier bag provided by us and seal the courier bag fully; and
c.    send the sealed courier bag to us at the address on the courier bag. This can be done either by dropping off the parcel to a post office or via arranging for courier pick up. Alternatively, you can contact us to arrange for a courier pick up on your behalf.

5.2    You may additionally return used AirPops Eco products in person for recycling at the Collection Point noted on the Website, however only products returned as per the terms of clause 5.1 are eligible for rewards.

5.3    You may only return new or used AirPops Eco products. No other products and no damaged products will be accepted.

6 EARNING REWARDS

6.1    We will issue you with a reward of 10 NZD (the Reward) each time that you return 10 AirPops Eco products in accordance with clause 4.1.

6.2    You must only return undamaged new or used AirPops Eco products. Any other products, or any damaged products will not be eligible for the Reward.

6.3    You may send more or less than 10 AirPops Eco products at one time, however:

a.    a quantity of under 10 units of AirPops Eco products in one return will not be eligible for the Reward; and
b.    the Reward will accrue per every ten units of AirPops Eco returned. No additional reward will be provided for units that do not meet this criterion (e.g. a return of 15 units is only eligible for a $10 reward).

6.4    The payment of the Reward will be processed once we confirm that the products returned to us meet our requirements. This may take up to five working days after we receive your returned products.

7 LIABILITY FOR LOST OR DAMAGED PARCELS

7.1    We will accept responsibility for any parcels that are lost and damaged in the process of delivery to us, provided that you comply with clause 4 of these Terms and Conditions. In that event, we will pay the reward once we receive confirmation from Courier Post that the delivery was lost or damaged in transit. This may result in delay of payment of the Reward.

7.2    Should any parcel be damaged or lost due to your failure to follow clause 4 of these Terms and Conditions then you will not be entitled to the Reward.

8 GENERAL

8.1    Access to the Programme is only available to customers in the New Zealand region. No international returns will be accepted.

8.2    We may refuse, terminate, modify or suspend participation in the Programme at any time without prior notice, at our reasonable discretion.

8.3    To the extent permitted by law, we will not be responsible for any loss or damage, however caused, in connection with the Programme.

8.4    These Terms and Conditions, and any dispute relating to these Terms or the Programme, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms and Conditions or the Programme.

8.5    For us to waive a right under these Terms and Conditions, the waiver must be in writing.

8.6    Failure on our part to enforce any of these Terms and Conditions shall not be construed as a waiver of our right to enforce these terms at a later date.

8.7    Clauses which, by their nature, are intended to survive termination of these Terms and Conditions continue in force.

8.8    If any part or provision of these Terms and Conditions is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability, or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms and Conditions. The remainder of these Terms and Conditions will be binding on you.

8.9    These Terms set out everything agreed by the parties relating to your use of the Programme and supersede and cancel anything discussed, exchanged, or agreed prior to you agreeing to these Terms and Conditions. The parties have not relied on any representation, warranty or agreement relating to the Programme that is not expressly set out in the Terms and Conditions, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms and Conditions.

1 APPLICATION OF TERMS

1.1    This Website is operated by 313-NC Limited (we, us, our). These ebsite terms and conditions, together with all information referred to within them (collectively our Terms), govern your use of this Website.

1.2    By accessing and using the Website:a    you agree to these Terms; andb    where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.

1.3 If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.

2 CHANGES

2.1    We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.

2.2    We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.

2.3    These Terms were last updated on 2 October 2023.

3 DEFINITIONS

In these Terms:

including and similar words do not imply any limit

Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis

personal information means information about an identifiable, living person

Terms means these terms and conditions titled Terms of Use

We, us or our means 313-NC Limited

Website means https://ecorecycle.co.nz/

You means you or, if clause 1.2b applies, both you and the other person on whose behalf you are acting.

4 SITE CONTENT

4.1    While we have endeavoured to ensure that the information we have provided on the Website is free from error, we do not warrant the accuracy, currency or completeness of the information on the Website.

4.2    We do not warrant that the Website, or the server that makes it avaialble, are free of viruses or other harmful components, and we shall not be responsible for any mistake in, or omission from, the information we have provided on the Website except as required by law.

5 R18 POLICY

5.1    All vaping products sold and/or advertised on the Website are solely for use by adults of the legal smoking age (18+). By use of this wesbite you warrant that you are over the age of 18 years and are legally entitled to purchase our products and will not allow anyone under the age of 18 to use their details to purchase any products on the Website.

5.2    All products sold and/or advertised on the Website are subject to the following warning notification. By using the Website you are deemed to have acknowledged receipt of the warning notification:

a     This product is not intended to treat, mitigate, prevent, or cure any disease or condition. This product includes small parts such as the mouthpiece. Always keep any small parts out of reach of children and pets to prevent swallowing or other harm.

6 YOUR OBLIGATIONS

6.1    You must provide true, current, and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete. We may contact you to verify these details.

6.2    If you are given a User ID, you must keep your User ID secure and:
a not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
b immediately notify us if you become aware of any disclosure or unauthorised use of your User ID.

6.3    You must:

a     not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware, or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and

b     unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.

6.4    You may link to the home page of our Website but may not use our content in, or on, your own or another website without permission.

6.5    You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.

7 INTELLECTUAL PROPERTY

7.1    We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems. Nothing in these Terms shall constitute a licence of intellectual property rights to you.

7.2    Requests for permission to use our logo, images or other intellectual property should be directed to the website owner.

8 DISCLAIMERS

8.1    To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:

a    the Website being unavailable (in whole or in part) or performing slowly;

b    any error in, or omission from, any information made available through the Website;

c    any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and

d    any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval, or recommendation of, or responsibility for, those sites or their contents, operations, products, or operators.

8.2    We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.

9 LIABILITY

9.1    To the maximum extent permitted by law:

a    you access and use the Website at your own risk; and

b    we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

9.2    Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded.

10 PRIVACY POLICY

10.1    You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website available to you. For example, we may need to have your contact information in order to provide you with updates from our Website.

10.2    When you provide personal information to us, we will comply with the New Zealand Privacy Act 2020 and the terms of our Privacy Policy.

11 SUSPENSION AND TERMINATION

11.1    Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).

11.2    On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.

12 GENERAL

12.1    If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.

12.2    These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.

12.3    For us to waive a right under these Terms, the waiver must be in writing.

12.4    Failure on our part to enforce any of these Terms shall not be construed as a waiver of our right to enforce these terms at a later date.

12.5    Clauses which, by their nature, are intended to survive termination of these Terms continue in force.

12.6    If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability, or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.

12.7    These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged, or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.