Terms of service

OVERVIEW
Welcome to NUIATA BREWIN. References to “we”, “us” and “our” mean NUIATA BREWIN. We operate this website and online store, including all associated content, functions, tools, merchandise and offerings, to deliver a tailored shopping experience to you (collectively referred to as the “Services”). This store is powered by Shopify to enable us to provide the Services to customers.

The terms set out below, alongside all referenced policies (together these “Terms of Service” or simply “Terms”), outline your rights and responsibilities whenever you make use of our Services.

Please read these Terms carefully. They contain important legal provisions, including warranty exclusions and limits on liability.

By browsing, interacting with or utilising any part of our Services, you acknowledge your acceptance to be bound by these Terms as well as our Privacy Policy. If you do not accept these Terms or our Privacy Policy, you must refrain from accessing or using our Services.

SECTION 1 – ACCESS & USER ACCOUNTS
By agreeing to these Terms, you confirm you have reached the age of majority within your state, province or territory of residence. Where applicable, you also confirm you have provided consent for minor dependants under your care to use the Services on devices you own, purchase or manage.

When accessing our store, browsing products or completing purchases, you may be required to submit details such as your email address, billing information, delivery address and payment credentials. You guarantee that all information you submit is accurate, up-to-date and complete, and that you hold all necessary rights to provide such information.

You bear sole responsibility for safeguarding your account login details, and for every activity carried out under your account. You are prohibited from selling, transferring, assigning or licensing your account to any third party.

SECTION 2 – OUR PRODUCT RANGE
We strive to accurately display all goods available within our online store. Nevertheless, product colours and visual appearance may differ slightly in real life compared to screen display, due to variations between devices, screen settings and display configurations.

We do not guarantee that the quality or appearance of purchased items will match your expectations or the visual representations shown on our website.

All product descriptions may be revised by us without prior notice at our sole discretion. We retain the right to cease offering any product at any time. We also reserve the ability to restrict purchase quantities for any customer, geographic region or jurisdiction on an individual basis.

SECTION 3 – ORDER PLACEMENT
Submitting an order constitutes an offer from you to purchase goods. NUIATA BREWIN maintains full discretion to accept or decline any order for any reason. A contract is only formed once we formally confirm order acceptance, and we must receive and successfully process your payment beforehand. Please check your order thoroughly before submission; we may not be able to process cancellation requests after an order has been confirmed.

Should we decline, amend or cancel your order, we will attempt to contact you via the email, billing address or phone number you supplied during checkout.

All purchases are subject to return and exchange rules defined exclusively within our Refund Policy.

You confirm that all items you purchase are intended for your personal or household use and not for commercial resale or export.

SECTION 4 – PRICING & PAYMENT
Product prices, discounts and promotional offers may be modified without advance notice. The price applicable to your order will be the rate active at the moment you complete checkout, and will be stated within your order confirmation email. Unless explicitly noted otherwise, displayed prices exclude sales tax, delivery fees, handling charges, customs duties and import levies.

Prices shown on this online store may differ from pricing in physical retail locations or other third-party websites. We may periodically run special promotions which carry separate terms. If any conflict exists between promotion rules and these Terms, the promotion-specific conditions will take priority.

You agree to supply valid, complete and current payment and contact information for all orders. You will promptly update your account records – including email addresses, card numbers and expiry dates – so we can successfully process transactions and contact you when required.

You warrant that: (i) all payment card details you provide are genuine and correct; (ii) you hold authority to use the payment method for your purchase; (iii) your card provider will honour all charges incurred; and (iv) you will settle all payable amounts including product cost, shipping fees and applicable taxes.

SECTION 5 – SHIPPING & DELIVERY
We accept no liability for delays within the shipping process. All delivery timelines are estimations only and cannot be guaranteed. We are not responsible for delays caused by courier companies, customs clearance procedures or other circumstances outside our reasonable control. Once goods are handed over to the shipping carrier, ownership and risk of loss or damage transfer to you.

SECTION 6 – INTELLECTUAL PROPERTY RIGHTS
All content featured within the Services – including trademarks, brand names, written text, imagery, graphics, customer reviews, video and audio material, alongside the layout and arrangement of such content – belongs to NUIATA BREWIN, our affiliates or licensed partners. These materials are protected under international copyright, patent and intellectual property legislation.

You are permitted to access the Services solely for personal, non-commercial purposes. Without our prior written approval, you must not reproduce, redistribute, alter, create derivative content, publicly display, republish, download, store or transmit any materials found on our platform. Nothing within these Terms grants you any licence to use patents, trademarks, copyright or other intellectual property owned by NUIATA BREWIN, Shopify or any external third party. Unauthorised exploitation of our content may breach intellectual property laws. All rights not explicitly granted here remain reserved by NUIATA BREWIN.

The name, logo, product titles, designs and slogans of NUIATA BREWIN are our trademarks or those of our partners. You cannot use these marks without obtaining written permission from us in advance. Shopify’s name, logo, product names and branding belong to Shopify. All other trademarks visible on the Services remain property of their respective owners.

SECTION 7 – THIRD-PARTY ADDITIONAL TOOLS
As part of the Services, you may gain access to functional tools operated by external providers. We do not monitor, manage or exercise control over these third-party tools.

You acknowledge we provide access to such tools on an “as-is” and “as-available” basis, without warranties, representations or endorsements of any kind. We will not be held liable for any outcomes arising from your use of these optional tools.

Your decision to utilise third-party tools available via our website is undertaken entirely at your own risk. You should review and accept the service terms set by the relevant external provider before use.

We may introduce new platform functions and tools in future updates; any newly launched features will also be governed by these Terms of Service.

SECTION 8 – EXTERNAL LINKS TO THIRD PARTIES
Our Services may contain content and hyperlinks directing you to websites operated by independent third parties, including embedded external functions. We are under no obligation to assess or verify the accuracy of third-party website content. If you leave our platform to visit external sites, you proceed entirely at your own risk.

We are not liable for any loss or harm connected with your access to third-party websites, or any goods, services or content you obtain from such external platforms. We recommend you carefully examine each third party’s policies before entering into any transaction. All enquiries, complaints and disputes relating to third-party products must be addressed directly to that external operator.

SECTION 9 – OUR ARRANGEMENT WITH SHOPIFY
NUIATA BREWIN operates this store using the Shopify platform to deliver the Services to customers. However, every order and purchase made within our store forms a contractual relationship solely between you and NUIATA BREWIN. By using our Services, you accept that Shopify bears no responsibility for any aspect of transactions between you and us. This includes any injury, damage or loss connected with goods you purchase. You fully release Shopify and its affiliated companies from all claims, losses and liabilities arising out of your orders with NUIATA BREWIN.

SECTION 10 – PRIVACY POLICY REFERENCE
All personal data collected through our Services is governed by our Privacy Policy, accessible via this link privacy policy. Certain personal data may also be processed subject to Shopify’s Privacy Policy, available here. By using our Services, you confirm you have read these privacy documents.

Since our Services are hosted on Shopify infrastructure, Shopify collects and processes personal information related to your site visits to maintain and improve platform functionality. Data you submit via our store will be shared with Shopify and other service providers, who may operate in countries different from your place of residence. Please read our privacy policy for full details about how we, Shopify and our partners handle your personal information.

SECTION 11 – CUSTOMER FEEDBACK
Whenever you submit ideas, suggestions, reviews, proposals, plans or other content to us (collectively “Feedback”), you grant us an unlimited, global, sublicensable, royalty-free right to use, copy, edit, publish, distribute and display that Feedback in any format and for any purpose, including commercial activities. For example, we may rely on this licence to operate, evaluate, upgrade and market our Services, and fulfil our obligations under these Terms.

You warrant that: (i) you own or hold all necessary rights to any Feedback you submit; (ii) you disclose any rewards or incentives connected with your submission; and (iii) your Feedback complies with these Terms. We have no duty to treat Feedback confidentially, provide payment in exchange for Feedback, or reply to every submission.

We reserve the right (but are not obligated) to monitor, modify or remove any Feedback we consider unlawful, offensive, threatening, defamatory, pornographic, obscene, or which infringes third-party intellectual property or breaches these Terms.

You agree your Feedback must not violate any third-party rights including copyright, trademark, privacy or personality rights. Your Feedback must not contain unlawful, abusive or obscene material, nor computer viruses or malicious code capable of disrupting the Services. You cannot use false email addresses, impersonate other people or mislead us regarding the origin of any Feedback. You take full responsibility for all Feedback you publish, and we accept no liability for content posted by you or other visitors.

SECTION 12 – TYPOS, INACCURACIES & OMISSIONS
Occasionally, content published on our Services may contain typographical errors, incomplete information or inaccuracies relating to product descriptions, pricing, promotions, delivery fees, transit times and stock availability. We reserve the right to correct such mistakes, update information or cancel orders based on incorrect data at any time, even after you have completed checkout, without prior notice.

SECTION 13 – PROHIBITED ACTIVITIES
You may only access and use the Services for lawful purposes. You must not directly or indirectly utilise our platform: (a) for any illegal or malicious activity; (b) to breach national, regional or local legislation; (c) to infringe our intellectual property rights or the rights of other parties; (d) to harass, insult, threaten, defame or harm our staff or other individuals; (e) to distribute knowingly false or misleading information; (f) to upload or share material that violates these Terms; (g) to send unsolicited advertising, junk mail, chain messages or spam; (h) to impersonate any individual or organisation; (i) to carry out activity that restricts other customers’ enjoyment of the Services, or which could expose NUIATA BREWIN, Shopify or platform users to legal risk.

You also agree you will not: (a) upload or transmit viruses or malicious software that interferes with platform function; (b) replicate, copy, extract, sell or resell any part of the Services; (c) gather or track other users’ personal information; (d) engage in phishing, fraud or deceptive data collection; (e) deploy bots, crawlers, scraping tools, automated software, AI agents or manual extraction methods to access the Services; (f) bypass security systems, access restrictions or anti-scraping measures we implement.

If we establish you have violated any part of these Terms, we may suspend or permanently terminate your account without advance warning.

SECTION 14 – AUTOMATED AGENT USAGE
14.1 This clause applies if you deploy, permit or enable any Automated Agent to interact with our Services. An “Agent” refers to software or online services that perform autonomous or semi-automatic actions on behalf of a person, operating without continuous manual supervision.

14.2 No Automated Agent may connect to our Services unless it fully identifies itself and complies with all requirements listed in clause 14.4. We may block any Agent from accessing our platform if we make such a request.

14.3 We are entitled to implement technical limits controlling how Automated Agents access and interact with the Services.

14.4 All Agents must satisfy the following rules: (i) Clearly identify itself within the user agent string of every request using the format: “Agent/[agent name]”; (ii) Avoid disguising automated activity – including mimicking human browsing behaviour or bypassing CAPTCHA and anti-bot verification; (iii) Provide truthful responses to any check designed to distinguish human visitors from automated systems; (iv) Not evade any technical controls we implement to restrict automated access.

SECTION 15 – TERMINATION OF ACCESS
We may terminate this agreement or suspend your access to all or part of the Services at our sole discretion without notice. You remain responsible for all outstanding payments owed up to the termination date.

The following clauses remain enforceable after termination: Intellectual Property, Feedback, Termination, Warranty Disclaimers, Liability Limitations, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, alongside any other provisions which logically survive contract end.

SECTION 16 – WARRANTY EXCLUSIONS
All content made available via our Services is provided for general reference only. We do not guarantee the accuracy, completeness or usability of such information. You rely on platform content entirely at your own risk. We exclude all responsibility for losses resulting from any reliance placed upon materials published on our site.

EXCEPT WHERE EXPLICITLY STATED BY NUIATA BREWIN, THE SERVICES AND ALL PRODUCTS ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, INCLUDING IMPLIED CONDITIONS OF MERCHANTABILITY, QUALITY, SUITABILITY FOR PURPOSE, DURABILITY, OWNERSHIP AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. Some jurisdictions restrict limitations on implied warranties, meaning this exclusion may not fully apply to you.

SECTION 17 – LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, NUIATA BREWIN, our partners, directors, employees, affiliates, agents, contractors, suppliers and licensors – as well as Shopify and its affiliated entities – shall not be liable for personal injury, losses, claims or any direct, indirect, incidental, punitive, special or consequential damages. This includes lost profit, lost revenue, foregone savings, data loss, replacement costs and comparable damages, regardless of whether liability arises from contract, negligence, strict liability or other legal grounds. This limitation applies to your use of the Services, goods purchased through our platform, and any other claim connected to your interaction with our store, even if we have been advised of the possibility of such losses.

SECTION 18 – INDEMNIFICATION
You agree to defend, indemnify and keep harmless NUIATA BREWIN, Shopify, our affiliates, directors, staff, agents, contractors and suppliers against all losses, damages, liabilities and third-party claims – including reasonable legal fees – arising from: (1) your breach of these Terms or referenced policies; (2) your violation of applicable legislation or third-party legal rights; (3) your access to and use of the Services.

We will notify you of any claim requiring indemnification. Failure by us to notify you promptly will not remove your obligations unless you suffer substantial disadvantage as a result. We may manage the legal defence and settlement of any claim at your cost, including selection of legal counsel. We will not agree to settlements imposing non-financial obligations on you without your consent (consent cannot be unreasonably withheld). You must cooperate fully in defending covered claims and supply relevant documentation upon request.

SECTION 19 – SEVERABILITY
If any clause within these Terms is ruled unlawful, void or unenforceable, that provision will still apply to the maximum extent legally permitted. The unenforceable section will be treated as removed from this document, and this decision will not affect the validity of all remaining clauses.

SECTION 20 – WAIVER & ENTIRE AGREEMENT
Our failure to enforce any right or clause within these Terms shall not count as a permanent waiver of that right.

These Terms of Service, together with all policies published on our website, constitute the complete agreement between you and us governing use of the Services. This document replaces all previous oral or written agreements, communications and proposals between both parties.

Any ambiguity within these Terms shall not be interpreted against the party responsible for drafting the document.

SECTION 21 – ASSIGNMENT
You cannot transfer, delegate or assign this agreement or any rights or obligations under these Terms without our prior written approval. Any attempted transfer without consent is null and void. We reserve the right to assign or transfer our rights and responsibilities under these Terms without notifying you or requiring your consent.

SECTION 22 – GOVERNING LAW
These Terms of Service and all separate agreements under which we supply Services are governed by the laws applicable within the territory where NUIATA BREWIN is based. Both you and NUIATA BREWIN submit to the jurisdiction of courts located within that region.

SECTION 23 – HEADINGS
All section headings are used purely for readability. They do not restrict or alter the meaning of any clause within these Terms.

SECTION 24 – UPDATES TO THESE TERMS
You may view the latest version of these Terms of Service on this page at any time.

We maintain the right to revise, adjust or replace any portion of these Terms by publishing updated wording on our website. It remains your responsibility to regularly check our site for amendments. We will notify you of material changes in line with legal requirements, and revised terms will take effect on the date stated within the notification. Your continued use of the Services after changes are published confirms your acceptance of the updated Terms.

SECTION 25 – CONTACT DETAILS
If you have enquiries regarding these Terms of Service, please email support@nuiatabrelife.shop.
Our full contact information:
NUIATA BREWIN
support@nuiatabrelife.shop
28 Kauri Street, Highfield, Timaru 7910, New Zealand
+64 21 483 7295