1. Preliminary

1.1 This website (www.larahelene.com (in these terms and conditions referred to as the website)) is operated by McCallum Industries Limited, which owns the registered ‘Only Organic’ combined trade mark. ‘Only Organic’, ‘we’ or ‘us’ refers to McCallum Industries Limited.

1.2 Please read these terms and conditions (“these terms”) thoroughly before using the website. By accessing or using the website you agree to be bound by these terms, including any amendments which may be made to them from time to time. If you do not wish to comply with these terms you should not use the website.

1.3 We may at any time alter any aspect of the website (including the goods and services offered through it, and your rights to access it), and we may remove content and introduce new content. These terms apply to any new features (including new services) introduced to the website.

1.4 We may alter these terms at any time, and you will be bound by any new terms posted on the website from time to time.

1.5 In particular you should heed the warnings contained in clause 2 (Content of the website) and 7 (Territorial applicability) about the application of information on this website to conditions outside New Zealand and Australia.

2. Content of Website

2.1 The website provides advice, services and other information for expectant mothers and new parents.

2.2 However, the information provided:

  • may not apply to or be appropriate for conditions (including diets and cultural practices around food) that are encountered outside New Zealand and Australia.

  • is general in nature and cannot possibly deal with specific situations that apply to individual cases. In particular, it is not a substitute for advice from or treatment by a doctor, midwife or other qualified health professional.

It is your responsibility to evaluate the accuracy, completeness and fitness for any purpose of all information provided on the website, including any advice provided. In particular, if you have a health problem during pregnancy, or if your baby or child is ill, you should consult a doctor immediately.

3. Exclusion of Liability

3.1 Under no circumstances will Only Organic or its employees or agents be liable in contract, tort, or otherwise to compensate users of the website for any loss (including consequential loss), injury, damage or illness arising directly or indirectly from accessing or using the website and its advice and other contents, from any interruption in the availability of the website, or from any inaccuracy, error, or omission in the information provided, including any loss, injury, damage or illness arising as a result of any negligence by Only Organic or its employees or agents.

3.2 You access this website at your own risk. We do not warrant or guarantee that any material on the website will be free from computer viruses or other harmful code. You are responsible for implementing virus and other security checks.

4. Privacy

4.1 Use of Information: We will comply with our obligations under the Privacy Act 1993 and any legislation enacted in place of that Act.

We will only use personal information that you provide to us for the purposes for which you supplied it or, in exceptional situations, for other reasons permitted under the Privacy Act 1993. 

We generally do not share your personal information with others unless this is necessary for the purpose for which you gave us the information.  We may share your information with any business that supports our services or products, including any person that hosts or maintains any underlying IT system or data centre that we use to provide this website or other services or products. 

While it is unlikely, we may be required to disclose your information to comply with legal or regulatory requirements.  We will use reasonable endeavours to notify you before we do this, unless we are legally restricted from doing so.

We will take reasonable steps to ensure that the personal information about you we collect, use or disclose is accurate, complete, up to date and stored in a secure environment protected from unauthorised access, use, modification or disclosure.

4.2 Collection of Information: We may collect information from you through your use of our website, when you request information from us or engage our services.

By using any of our services, including our website, and providing us with any personal information, you are consenting to the use of your personal information as set out in this policy.  Please do not send us any personal information if you do not want it to be used in this way.

A number of areas on our website invite you to provide us with personal information.  For example your names and email address.  The purpose of the information collection is apparent at the point that you provide your personal information.

This website uses server logs and web analytic tools (such as cookies and other tracking technologies).  Cookies are small text files that are downloaded to your device by websites you visit.  When you use this website these tools collect information such as what browser and operating system you use, the internet protocol address of the device you have used to access the website, search terms, your location and what content you view when visiting our website.  Cookies do not give us access to your computer or any information about you other than the data you choose to share with us.

You can set your browser to block all cookies, including cookies associated with our website, or to indicate when a cookie is being set by us.  If you do set your browser to reject cookies you may not be able to access all the features of the website.

4.3 Third Party Providers-Analytics: We may use third party Service Providers to assist us to analyse how our website is used.  These Service Providers have access to your personal information only to enable them to perform these tasks on our behalf and they may not disclose it or use it for any other purpose.

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.

You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.  See this link: https://tools.google.com/dlpage/gaoptout

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

4.4 Third party providers – Targeting and Remarketing: We may also use third party vendors for remarketing.  This allows us to advertise to you on third party websites after you leave our website.  We may do this via cookies and Facebook pixels located on our website.

Most third party vendors allow you to opt-out or amend your settings.  You can do this for Google by using the following link: http://www.google.com/settings/ads and for Facebook by clicking here https://www.facebook.com/help/568137493302217

Some third party vendors allow us to create Custom Audiences feature so that we can target advertising at you.  If you wish to opt out of this please contact us.

4.5 Access to and Correction of information:  We will provide you with access to any personal information we hold about you.  If it is wrong please ask us to correct it.  To ask for access and correction, see our contact details.

4.6 Password: For security reasons, we do not retain the password you provide when you register with the website. For this reason, we cannot forward your password to you in the event that it is misplaced. If it has been misplaced, you will need to re-register.

4.7 Changes to our Privacy Policy: We may change this privacy policy from time to time in response to changes to technology, our data collection practices or the law.  All changes will be posted to this website and may apply to previously collected information.  Nothing in this policy prevents us from passing on information gathered on this site to any successor organisations.

5. Electronic Communications

When you register on the website, you will have the opportunity to elect to join the Only Organic mailing list. By joining the mailing list, you consent to us sending you various promotional and other emails from time to time. If you wish to be removed from the mailing list, please click the “unsubscribe” link in any email sent to you.

6. Linked websites

6.1 This website may provide hypertext links to websites on the Internet which are operated by other people who offer products and services which we believe may assist you.

6.2 These links are for your convenience only and we have no control over the content or availability of other websites on the Internet. We make no representations about other websites or their content (even though you may access those other websites through this website). We do not accept any responsibility for the content of other websites and are not be liable for any loss, injury, damage or illness caused by or in connection with use of or reliance on any such content, or the use of goods or services available through those websites.

7. Intellectual Property

7.1 Only Organic, and third parties who have given us permission to use them, own various intellectual property rights in the content and design of this website, including:

  1. New Zealand and Australian registered trade marks in the Only Organic logo and imagery; and

  2. copyright in the text, graphics, photographs, information and other content on the website, and the look and feel of the website.

7.2 You must not infringe these intellectual property rights in any way, including (but not limited to) by copying, modifying or distributing by any means or in any manner.

8. Territorial Applicability

8.1 Only Organic is based in New Zealand and Australia, and this website has been established only for the use of residents of these countries only. Any information on this website applies only to our products and services that are purchased by residents of and for consumption in those countries, and are not intended to apply, and should not be relied upon by residents of or in relation to any other countries or jurisdictions.

8.2 These terms are governed by and construed according to the current laws of New Zealand. You agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.

9. Ineffective Provisions

9.1 If any provision or part of a provision of these terms is or becomes unenforceable for any reason (including illegality), the relevant provision or part thereof will be deemed to be modified to the extent necessary to make it enforceable. If this is not possible, then:

  1. where the whole of a provision is unenforceable, that provision will be severed from these terms; but

  2. where only part of a provision is unenforceable, that part of the provision will be severed from the remainder of the relevant provision.

9.2 If any provision or part of a provision is deemed modified, or severed from these terms or from any other provision of these terms, this modification or severance will not affect the remainder of the provisions of these terms, or the remainder of any affected provision.

10. Disclaimers

10.1 To the extent possible at law, these Terms apply as both contractual provisions and non-contractual disclaimers, so will apply regardless of whether these Terms constitute a contract. In particular, clauses 2, 3 and 9 apply as non-contractual disclaimers as well as contractual terms.

11. Contact and Notices

11.1 Only Organic? (a division of McCallum Industries Limited) may be contacted by the following means:

  1. by email at us@onlyorganic.co.nz;

  2. by post at McCallum Industries Limited, 10 Rakich Place , Henderson, Auckland 0612, New Zealand;

  3. by phone on 0800 665 967 (New Zealand) or 1800 220 003 (Australia).

11.2 We will give all notices to you at the email or postal address you provide when you register with the website. If we give notice to you by email, you will be deemed to have received it immediately when we send it. If we give notice to you by post, you will be deemed to have received it 2 business days after the date we post it.