Terms of service
TERMS AND CONDITIONS
Welcome to Keepers’ Way. Please read our Terms and Conditions (Terms) carefully before using the website [Terms Page] (Site).
In continuing to browse and use our Site and engage with us, you are agreeing to comply with and be bound by the following disclaimers, together with our Terms as set out below. We may modify these Terms at any time, and such modifications will become effective immediately upon being posted on this Site.
The information contained in this Site is purely for guidance and information only. In relying on this information, you do so at your own risk.
About us
Keepers’ Way is a bespoke lawn maintenance subscription service based in Hamilton, New Zealand.
You can contact us at:
karl@keepersway.co.nz
Disclaimer
The information provided below is for general information purposes only and is provided by Keepers’ Way (We, Us, Our). While we endeavour to keep the information contained on this page current and correct, we make no representations or warranties of any kind (express or implied) about the completeness, accuracy, reliability, suitability, or availability with respect to the Site or as supplied to you, for any purpose. Any reliance you place on such information is therefore done at your own risk. We suggest and encourage you to make your own enquiries to determine if the information or products are appropriate for your intended use.
In no event will we be held liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of the Sites or your interaction with us.
During the course of your engagement with us, you may be directed or presented with a link to other websites or entities that are not under the control of Keepers’ Way. Please note that we have no control over the nature, content and availability of those websites or related entities. Our inclusion of any such links does not necessarily imply a recommendation or endorse the views expressed within them.
We will endeavour to keep the Site up and running smoothly. However, we take no responsibility for and will not be liable for the Site being temporarily unavailable due to technical issues beyond our control.
Use of Site
You may access, download, and use material contained on our Site for use only in accordance with these Terms. You may not make derivative works, distribute, modify, or otherwise use our content for any public purpose without prior written permission from Keepers’ Way.
Our Site and its content may at some times be interrupted or disrupted. We do not guarantee that the Site will always be available for use and as such access is allowed on a temporary basis. All or part of the Site may be suspended or discontinued without prior notice, and we are not liable should the Site become unavailable for any period of time. In using our Site, you agree not to use the Site for any purpose that is unlawful and prohibited by these Terms or any other applicable laws. Keepers’ Way reserves the right to suspend or terminate your access to our Site if it is determined that your use is or may be unlawful.
Privacy policy
When you use our Site or register with us, you will be providing personal information and data. Our Privacy Policy sets out in more detail how we will use the personal information that you have provided to us. By using or registering with our Site, you are agreeing to us using your personal information in accordance with our Privacy Policy. You can access our Privacy Policy here: [insert privacy policy link]
Security
You will need to create your own account to use our services. Once you register with us you will be provided with a login and user. You will need to have a valid payment method associated with the account (if applicable). By creating an account with us, you agree that you are responsible for maintaining the confidentiality of your own account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
To uphold your security, we may review our security procedure from time to time and we may need you to provide additional information as part of our security procedure. You should not share your login or details to any other person and your account with us may be disabled if you do so.
We reserve the right to refuse service, shut down accounts, terminate your rights to use our services, remove or edit content, or cancel orders at our sole discretion.
Please inform us as soon as possible if any other persons knows or you suspect that they know your security details.
Services
We provide a subscription service that delivers a tailored lawn care and maintenance kit to its members on a monthly basis (Subscription). We also have a general shop for you to buy products as you wish.
Through our Site we aim to provide the following services:
Lawn and turf care products, education and consultation.
Membership and Subscription Services
A member is someone who has signed up to use our services (Member).
To become a Member, you must be:
- 18 years or older;
- Complete our registration process and provide us with true, correct and up to date information – including your name, date of birth, address, contact number and payment method; and
- Comply with any additional information reasonably requested by Keepers’ Way in order to provide our services to you.
Subscriptions can either be purchased on a three (3) month or a twelve (12) month term (the Subscription Period).
Your Subscription will begin as soon as you have made the initial payment.
Your Subscription will automatically renew (and we will take automatic payment) at the end of each Subscription Period for the same period as your initial Subscription Period (unless agreed otherwise), until you choose to end your Subscription. If your payment method fails, we may suspend your Subscription until payment is made. Any failure to make payment will result in Keepers’ Way giving you 5 days’ notice to rectify your failure to make payment. After the 5 days’ notice, Keepers’ Way reserves the right to cancel your Subscription.
You may end your Subscription at any time by cancelling on our Site or contacting us. If you end your Subscription in this way, your Subscription will continue until any prepaid period expires. After this time your Subscription will end. We will not be responsible for any data that is lost when you cancel your Subscription.
Your account will remain active if your Subscription ends or you choose to cancel your Subscription, If you would like to delete your account details permanently, please contact us.
Pricing and Products/Services
Keepers Way 100 - 3 Months $149.70 - 12 Months $538.92
Keepers Way 200 - 3 Months $239.70 - 12 Months $862.92
Keepers Way 300 - 3 Months $299.97 - 12 Months $1079.89
A discount of 10% of the Subscription price will be automatically applied to any orders for a twelve-month term Subscription. All Subscription orders include complimentary shipping within New Zealand.
Products bought from the general store on a non-Subscription basis will be charged shipping fees at the following rates:
Prices for our Subscription and products are subject to change from time to time. We reserve the right at any time to modify or discontinue any product or service (or any part thereof). All descriptions of products or services are subject to change at any time. Where any of the above instances affect a current Subscription, we endeavour to let you know of any changes as soon as possible.
Availability of certain products and services may change from time to time. In these instances, we will endeavour to let you know as soon as practicable and substitute the product with another similar product of the same or greater value. Some products may have limited quantities. Products and services are subject to refund following our Refunds Policy. Keepers’ Way reserves the right to limit the sales or quantities of our products and services to any person at our sole discretions on a case-by-case basis. We reserve the right to discontinue any product or service at any time. Where this affects a current Subscription, exchanges or refunds will be offered where applicable.
We also reserve the right to refuse any order placed with us at our sole discretion. This extends to holding the right to limit or cancel quantities purchased per, person, per household or per order. Such restrictions may include instances where multiple orders have been placed by or under the same customer account, the same payment method, and/or orders placed to the same billing and/or shipping address. We reserve the right to limit or prohibit orders that appear to be placed by resellers or distributors at our sole discretion.
If we make a change to or cancel an order, we will attempt to notify you by contacting you via the email address and/or phone number connected to your customer account.
Payments
We use Shopify as an external payment provider to process Subscription payments. By making payment through our Site, you agree to Shopify’s privacy policy and terms and conditions. We will not be held liable for any losses or other damage that may occur out of the use of this third-party site.
By holding an account with us, you agree to provide us with current, complete, and accurate information for all purchases you make with us. You agree that it is your responsibility to promptly update your account and other information, including your email address and payment methods, should they change so we can complete your transactions and contact you as need be.
Refunds Policy
If you consider any of the Products or Services that you have received from us are damaged, defective, or otherwise do not comply with any guarantees in the Consumer Guarantees Act 1993, you can notify us, and we will investigate the issue and notify you of the outcome within 14 working days. If your refund is approved, it will be processed within 14 workings days from confirmation that you are entitled to a refund.
If you would like to request a refund for another reason, please contact us at karl@keepersway.co.nz. We will consider each request at our own discretion. Keepers’ Way is not obliged to refund any payments made through our Site for a change of mind. As the customer you will be responsible for paying the courier fees to send any product back to us. We notify you within 14 working days if your refund request is successful. The refund will be processed within 14 working days of being notified of the refund request being accepted.
In the case of a refund, we will refund any money received from you using the same method you originally used to pay for your purchase.
Please take care when specifying your delivery address, as refunds will not be issued if you have entered any details incorrectly.
Communication
We may contact you regarding your Subscription, our services and/or related transactions at any time. Please see our Privacy Policy for more information.
Intellectual Property
The entire contents of this Site are the intellectual property of Keepers’ Way and are subject to copyright with all rights reserved. Sections of the Site and information contained on the Site may (in whole or in part) be downloaded and printed for your personal use, provided that the information is not modified. You must not copy, reproduce, store, distribute, publish, or transmit any information from this Site for any commercial purpose without our prior written consent.
The Site includes logos, service marks, and brand identities (Marks) that are the property of Keepers’ Way and their suppliers. Keeper’s Way does not grant any licence or right to use any of these Marks without our prior written permission.
Warranties and Limitation of Our Liability
We exclude all conditions, warranties, representations, or other terms which may apply to our Site or any of the content on it whether express or implied. We refute all responsibility for any loss, claim, liability, damage, or injury, whether in tort (such as negligence), breach of statutory duty or otherwise, arising from or in any way related to the use of our Site or services, the inability to use our Site, any errors, omissions or inaccuracies on the Site or reliance on any content included in our Site. We are not liable for any loss or damage to your computer equipment, devices, computer programs, data or other proprietary material that is caused by a virus or other technologically harmful material during your course of using our Site or downloading any content from it or on any website linked to it.
The inclusion of any links to another website on our Site does not constitute our endorsement of that site. We take no responsibility for what is included on third party websites that are linked on our Site and are therefore not liable for any loss or damage that may arise from your use of them. If you choose to view a third-party website, you do so at your own risk.
Indemnity
You agree to hold Keepers’ Way harmless, and to defend and indemnify us against any claims you make or third parties that are related to loss of profit, loss of business, saving, general special and consequential damages, costs or expenses including legal fees, arising from your use of our Site and services; including but not limited to: breach of these terms or your inability to fulfil a transaction. For clarity, your indemnity covers all losses, damages, or expenses (including legal costs) that we may suffer or incur.
Viruses
While we take all practicable steps to ensure that our Site it secure and free from buys or viruses, this is not something we can guarantee. Any attempt to gain unauthorised access to our Site, server, data or data base through the use of viruses, trojans, worms, logic bombs or other malicious or technologically harmful materials is strictly prohibited.
Dispute resolution
If you experience any issues and would like to raise your concerns with us, please get in touch with Keepers’ Way via our Contact Us page or by emailing karl@keepersway.co.nz.
While it is our preference and hope that we can resolve disputes informally and amicably, any disputes arising from the use of this Site shall be governed by New Zealand laws.