Terms & Conditions

  1. INTERPRETATION

    1. “Us/we/our” means Ecrotek Limited.
    2. “You/your” means the customer, person, company or other business purchasing services from Ecrotek.
    3. “Order” means an order submitted by you to us via the Portal for the purchase of services.
    4. “Portal” means [www.myhumm.co.nz].
    5. “Services” means any services provided by us to you and includes without limitation any related or associated services, fees or charges from us to you.
    6. “PPSA” means the Personal Property Securities Act 1999.

  2. AGREEMENT

    1. These Terms and Conditions apply during the use of the Humm Hive Health and Honey Testing Portal.
    2. Your access to, and use of the Portal, including the use of our testing services, indicates your acceptance and agreement to the following Terms and Conditions.
    3. If there is any conflict between these Terms and Conditions and any other communication between you and us, these Terms will prevail unless we have otherwise agreed in writing.
    4. We reserve the right at any time or from time to time, to amend, vary or add to these Terms and Conditions with effect from the date on which we let you know about any change.

  3. CONDITIONS OF USE

    1. We grant you permission to access, view and use the Portal on the basis that you agree to these Terms and Conditions and that you do not:

      • (a) distribute or upload in any way a software program or data extractions tools, such as a computer virus, spiders, robots, avatars, data mining with the intention to cause damage to the Website, servers, computers, or any other property of ours;
      • (b) use another person’s email address with the intention of misleading us;
      • (c) use any device, method or software to interfere with the proper functioning of this Website;
      • (d) violate the legal rights, such as property rights or privacy, nor defame the reputation of us;

  4. CANCELLING ORDERS

    1. We reserve the right to cancel your order for any reason, including where we believe the order to be fraudulent or it constitutes a misuse of a promotional or marketing activity or where an error has occurred including but not limited to errors relating to pricing. If we do cancel or withdrawal or restrict our services, we accept no liability for any resulting damages or costs suffered by you, however we will refund the purchase price to you if we have received payment from you.

  5. COPYRIGHT AND TRADE MARKS

    1. Copyright to all documents and images on our Portal belongs to us and all materials on the Portal are protected by copyright laws.
    2. When you access our Portal, we give you limited licence to access and use the information on the Portal for your own use. You agree not to use the Portal’s content in any other way without our prior written consent.
    3. Ecrotek’s name, products and services and the logos used on the Portal are trademarks or registered trademarks of Ecrotek.

  6. DELIVERY OR COLLECTION

    1. Delivery of the services shall be made electronically by us to you within the Humm Portal.

  7. LIABILITY

    1. The information in this Portal is provided ‘as is’ and excludes to the fullest extent possible under law, any warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

    2. We do not guarantee the accuracy, timeliness, or availability of the contents of the Portal and that it will always operate or be free from errors, including but not limited to the descriptions of Services, or any images displayed on the Portal.

    3. We will not be liable for any damage or loss arising out of any change or alteration to the contents and suspension or closure of the Portal, regardless of the reason. The Portal may provide information about services that are not available in some areas.

    4. If your order is affected by a genuine human or system error (including in a description or a price), we reserve the right to request payment for services rendered.

    5. You will indemnify us against any loss or damage to property, data or software which is lost, corrupted, deleted or altered due to your act or omission.

    6. We will not accept any liability for any incidental, indirect, special or consequential damages arising out of, or in connection with your use of the Portal which may be caused by:

      • (a) the use of or inability to use our Portal, which may directly or indirectly result from any opinion, information, advice, representation or omission contained on this Portal or
      • (b) equipment shutdown due to disaster, line problems/failure, or maintenance; computer viruses, corrupted files, or any other similar software or data; or data tampering, unauthorised access, or leakage by third parties, etc.

    7. We will not be held responsible for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your right to have your order sent to you within a reasonable time.

    8. We will not be liable for any consequential or indirect loss or special damages of any kind including loss of revenue or loss of profits, damage to your reputation or business opportunity arising directly or indirectly from or in connection with these Terms and Conditions.

  8. PAYMENT

    1. If you are a current on account customer you must pay us promptly for the service and in any event no later than the 20th of the month following the issuance of an invoice.

    2. Prepay customers must pay in advance via credit card, at the time of sample submission.

    3. We may grant credit to you in our sole discretion. Similarly, we may withdraw any credit provided to you at any time in our sole discretion.

    4. If you do not pay us in full or on time, we may:

      • (a) stop supplying services to you until your account is brought up to date;
      • (b) withdraw any credit provided to you;
      • (c) charge you interest on all monies up to the rate of 12% per annum calculated on a daily basis from the due date for payment until we are paid in full;
      • (d) charge you for all of our expenses and legal costs incurred in obtaining payment from you;

  9. PRIVACY

    1. We agree not to disclose your personal information unless permitted to do so by law.
    2. You agree and consent to us collecting or obtaining your personal information (as defined in the Privacy Act 1993) and in accordance with our Privacy Policy from any person (including any collection agency) and to use that information for any purposes in connection with our business, including for credit assessment or debt collection purposes to sending emails or other types of electronic messages that promote our products and services to you.
    3. We may use your testing results anonymously to generate industry benchmarking reports. Your personal and company information will not be collected or linked to these results in any way.
    4. You are responsible for maintaining the confidentiality of your account and your password and you accept responsibility for all activities that occur under your account or password.
    5. Please refer to our standard Online Security and Privacy Policy at https://www.ecrotek.co.nz/privacy-policy, which is to be read in conjunction with these Terms and Conditions.

  10. REPORTS

    1. Sample testing will be performed by Awanui Scientific and results will be delivered to you online via the Humm Portal.

  11. SAMPLES

    1. You will be responsible at all times for your samples and where any analysis or test is to be made neither Ecrotek or our sub-contractors will be liable for any loss, deterioration, or destruction of or damage to any of your samples or property.
    2. You will notify us if any sample to be received by us includes material which requires special handling procedures.

  12. SECURITY

    1. We have taken all practical measures to ensure our Portal, and any transactions conducted on it, are secure. However, we will not be liable for any damages suffered due to failure, delay, interception or manipulation of electronic communications by third parties on any computer programmes.

  13. PERSONAL PROPERTY SECURITIES ACT 1999

    1. You agree that:

      • (a) the Terms and Conditions of our agreement constitute a security agreement for the purpose of Section 36 of the Personal Property Securities Act 1999;
      • (b) this means that you grant us a security interest in all of your present and after-acquired services as supplied by us and in the proceeds of sale under the PPSA;
      • (c) we may register a financing statement in respect of any such security interest on the Personal Property Securities Register and if so, you will pay all of our expenses and legal costs in connection with the registration of a financing statement or financing change statement relating to the security interest created by this agreement or obtaining an order under Section 167 of the PPSA;
      • (d) we may not, at our discretion, supply services until this agreement has been signed by the Customer in accordance with the requirements of Section 36 of the Personal Property Securities Act 1999;
      • (e) sections 114(1)(a), 133 and 134 of the PPSA do not apply to this agreement or the security under this agreement;
      • (f) you waive your right to receive a copy of the verification statement confirming registration of a financing statement relating to the security interest created by this agreement;
      • (g) none of your rights as a debtor under sections 116, 119, 120(2), 121, 125, 126, 127, 129, 131 and 132 apply to this agreement;
      • (h) where we have rights in addition to those in Part 9 of the PPSA, those rights will continue to apply;
      • (i) you will not change your name without first notifying us of your new name.

  14. CONSUMER GUARANTEES ACT 1993

    1. Nothing in these Terms and Conditions derogates from the Consumer Guarantees Act 1993 as it applies.