Last Updated: May 20, 2025

Introduction

Welcome to the Exo-Grow New Zealand website.

Our Site ("Site") is operated by Probeauty ("the Company", "we" and "us").

We make this Site available to you in order to provide information about our products and services and to enable you to purchase our products online. By using this Site, you confirm your acceptance of these Website Terms of Use ("Website Terms").

Please note that the Website Terms apply and operate in addition to our Terms and Conditions of Trade. If you order products through our Site, our Terms and Conditions of Trade apply to any such order. If there is any conflict or inconsistency between these Website Terms and our Terms and Conditions of Trade, then our Terms and Conditions of Trade shall prevail. Please read our Terms and Conditions of Trade here.

Intellectual Property Rights

All intellectual property rights on this Site, including without limitation, any trademarks, copyright, recipes, text, graphics, patents, trade names, goodwill is owned by us or our product suppliers.

Any unauthorised publication, duplication, reproduction, or copying of any of our intellectual property is strictly prohibited.

Use of Site and Site Content

You may only use this Site for the purposes of your own lawful, personal and non commercial purposes and only in accordance with our Website Terms.

You must not use this Site for any fraudulent or unlawful activity or otherwise, doing anything to damage or disrupt this Site.

You may only reproduce, copy and distribute our Site content for informative, non commercial purposes and only if you prominently display an acknowledgement of our company's rights in the Site content. In any other circumstances you must obtain our express written consent.

Without limiting the above, you may not reproduce, copy or distribute any of our Site content on any third-party selling website whatsoever.

You are not permitted to sell, re-sell or otherwise dispose of any products that you purchase from our Site on any third-party selling website whatsoever.

Consumer Rights

Nothing in these Website Terms excludes any liability under the relevant provisions of the Consumer Guarantees Act 1993, where you are a "consumer" and not using our Site for any trade, professional, commercial or business purposes, and/or the Fair Trading Act 1986.

Content Accuracy

We endeavour to ensure that any content on our Site will be current, accurate and complete when you access it. We will take steps to correct any error or inaccuracy in any content that we become aware of, as soon as possible after we become aware.

All orders made through our Site are subject to acceptance by us. We use our best endeavours to reflect accurate stock availability on our website; however, from time to time we may be unable to supply a product that has been ordered.

The information contained on our Site is general in nature. We recommend you seek professional advice for recommendations suitable for your specific needs.

All products should be used strictly in accordance with their instructions and precautions.

Some of the product claims or descriptions on our Site have been provided to us by our suppliers and/or product manufacturers, and we have not independently verified such claims or descriptions. We have no responsibility for any claims or descriptions provided to us by other parties.

Limitation of Liability

To the extent permitted by law:

• We do not warrant that all content on our Site, including but not limited to any product descriptions, colours, ingredients is accurate, complete, reliable, current
  or error-free;
• We take no responsibility for any loss, damage, injury or death arising from using any content or products
  available on our Site; and
• We make no representations or warranties of any kind, expressed or implied, whatsoever, as to fitness for a particular purpose.

To the extent that our liability cannot be excluded, our liability is limited as follows:

Our liability for any loss, injury or damage whatsoever suffered by you, which is attributable to any defect in or failure of our products (whether as a result of any failure of design, materials or workmanship or otherwise) is limited to us repairing or replacing the defective or failed products. We shall only be liable to repair or replace any defective or failed products if you contact us within 7 days of delivery of the products (or such other period as may be expressly agreed by us). After expiry of 7 days following delivery of the products (or such other period as expressly agreed by us), all liability on our part whatsoever, ceases.

To the fullest extent permitted by law, we will not be liable to you for any special, indirect or consequential damage, loss or injury of any kind whatsoever.

Disclaimer

To the extent permitted by law, we have no liability or responsibility to you or any other person for any loss in connection with:

1. Our Site being unavailable (in whole or in part) or performing slowly;
2. Any error in or omission from any information made available through our Site;
3. 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 our Site. To avoid doubt, you are responsible for ensuring the process by which you access and use
   our Site protects you from this.

We also have no liability or responsibility to you or any other person for any loss in connection with any site linked from our Site. Any link on our Site to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents.

We make no representation or warranty that our Site is appropriate or available for use outside of New Zealand.

You are responsible for ensuring that your access to and use of our Site is not illegal or prohibited and for your own compliance with applicable local laws.

Suspension and Termination

Without prejudice to any other right or remedy available to us, if we consider that you have breached these Website Terms or we otherwise consider it appropriate, we may immediately and without notice suspend or terminate your access to our Site. On suspension or termination, you must immediately cease using our Site and must not attempt to gain further access.

Website Security

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

If you post your personal information on our Site or in any of our social media channels, you acknowledge and agree that the information that you post is publicly available. If you follow a link on our Site to another site, the owner of that site will have its own privacy policy relating to your personal information.

To the fullest extent possible, we are not liable for any statements, representations, or content expressed or provided by users of any public forum aspects of our Site or in any of our social media channels.

User-Generated Content

If our Site allows users to post or upload content:

1. You grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display any content you submit, post, or display on or through our Site.
2. You warrant that any content you submit does not violate these Website Terms and does not infringe any third party's rights.
3. We reserve the right to remove any user generated content at our sole discretion without notice.

Shopify Platform

Our Site is hosted on the Shopify e-commerce platform. Shopify provides us with the online e-commerce platform that allows us to sell our products to you. Your data may be stored through Shopify's data storage, databases and the general Shopify application.

General

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

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

If any 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, then the part or provision must be treated for all purposes as severed from these Website Terms. The remainder of the Website Terms will be binding on you.

We may modify our Website Terms or any part of them at any time by posting a new version on our Site. Any changes to our Website Terms will be effective immediately upon us posting a modified version of our Website Terms to our Site.

Privacy Policy

Our Site offers us the chance to collect information about our users. However, your privacy is important to us and we want to ensure that you understand the way in which we collect information and use that information. Please read our Privacy Policy here.