Terms of Service

Website: https://www.dominateag.co.nz
Operator: Dominate Ag Supplies Ltd (NZ Company No. 9275626), trading as Dominate Ag Supplies
Registered Address: 6a/89 Ellice Road, Glenfield, Auckland 0629, New Zealand
Contact: team@dominateag.co.nz

Last updated: [25/10/25]

1.1 These Terms of Service ("Terms") apply to your access to and use of https://www.dominateag.co.nz (the "Site") and any purchases you make from Dominate Ag Supplies Ltd ("Dominate Ag", "we", "us", "our").

1.2 By visiting the Site and/or purchasing from us, you agree to be bound by these Terms and any additional terms and policies referenced here or available by hyperlink (together, the "Service"). If you do not agree, do not use the Site or Service.

1.3 We may update these Terms from time to time by posting a new version on the Site. The updated Terms take effect when posted. Your continued use of the Service following posting constitutes acceptance.

1.4 Our online store is hosted by Shopify Inc., which provides the e‑commerce platform that enables us to sell our products and services to you.

2.1 You represent that you are at least 18 years old (the age of majority in New Zealand), or you have obtained the consent of your parent or guardian to use the Service.

2.2 You must not use our products for any illegal or unauthorised purpose, and in using the Service you must comply with all applicable New Zealand laws and regulations.

2.3 You must not transmit any worms, viruses, malware, or destructive code.

2.4 A breach of these Terms may result in immediate termination or suspension of your access to the Service.

3.1 We reserve the right to refuse service to anyone, at any time, for any reason permitted by law.

3.2 You understand that your content (not including credit‑card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit‑card information is always encrypted during transfer over networks.

3.3 You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without our prior written permission.

4.1 The material on the Site is provided for general information only. While we aim for accuracy, we do not warrant that information on the Site is accurate, complete, current, or suitable for your purposes. Reliance on the material is at your own risk.

4.2 The Site may contain historical information provided for reference only.

4.3 We may modify Site content at any time, with no obligation to update any information unless required by law.

5.1 Prices are subject to change without notice.

5.2 We may modify or discontinue the Service (or any part or content) at any time without notice.

5.3 We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

6.1 Certain products or services may be available exclusively online via the Site. These may have limited quantities and are subject to return or exchange only in accordance with our Returns Policy.

6.2 We have made every effort to display as accurately as possible the colours and images of our products. We cannot guarantee that your device’s display of any colour will be accurate.

6.3 We may limit sales of our products or Services to any person, geographic region, or jurisdiction and may exercise this right on a case‑by‑case basis. We may limit the quantities of any products or services we offer.

6.4 All product descriptions and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Site is void where prohibited.

6.5 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

6.6 Safety & lawful use. Our plant‑care products are intended for lawful horticultural use only. Always follow label directions and safety instructions. Not for ingestion or use on animals or humans. You are responsible for determining suitability for your particular plants and environment.

7.1 We reserve the right to refuse any order you place with us. We may, in our discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed under the same account, the same credit card, and/or orders using the same billing and/or shipping address.

7.2 If we change or cancel an order, we may attempt to notify you via the email, billing address, or phone number provided at the time the order was made.

7.3 You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store, and promptly update your account details, including email address and payment information.

7.4 For more detail, please review our Returns Policy available on our website, www.dominateag.co.nz, under the policies section

8.1 We may provide access to third‑party tools which we do not monitor or control.

8.2 You acknowledge that we provide access to such tools on an "as is" and "as available" basis without any warranties, representations, or conditions and without endorsement. We have no liability arising from your use of optional third‑party tools.

8.3 Any use by you of optional tools offered through the Site is entirely at your own risk and you should ensure you are familiar with and approve the terms on which tools are provided by the relevant third party/ies.

8.4 We may in future offer new services and/or features through the Site (including the release of new tools and resources). Such new features and/or services will also be subject to these Terms.

9.1 Certain content, products, and services available via our Service may include materials from third parties.

9.2 Third‑party links on this Site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third‑party materials, websites, products, or services.

9.3 Complaints, claims, concerns, or questions regarding third‑party products should be directed to the third party.

10.1 If, at our request, you send certain submissions (e.g., contest entries) or without a request you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by post, or otherwise (collectively, "comments"), you agree that we may at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments you forward to us.

10.2 We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

10.3 We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms.

10.4 You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libellous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.

11.1 Your submission of personal information through the store is governed by our Privacy Policy [insert link], which explains how we collect, use, disclose, and protect personal information in accordance with the Privacy Act 2020 (NZ).

11.2 You must keep your account credentials secure and notify us immediately of any suspected unauthorised use of your account.

12.1 Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability.

12.2 We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

12.3 Except as required by law, we undertake no obligation to update, amend, or clarify information in the Service or on any related website, including pricing information.

In addition to other prohibitions set out in these Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any applicable regulations, rules, or laws; (d) to infringe upon or violate our intellectual property rights or those of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or other malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website.

14.1 We do not guarantee, represent, or warrant that your use of the Service will be uninterrupted, timely, secure, or error‑free.

14.2 We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

14.3 You agree that from time to time we may remove the Service for indefinite periods or cancel the Service at any time, without notice to you.

14.4 You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you via the Service are (except as expressly stated by us) provided "as is" and "as available", without any representation, warranties, or conditions of any kind, either express or implied, including implied warranties or conditions of merchantability, acceptable quality, fitness for a particular purpose, durability, title, and non‑infringement.

14.5 Consumer rights (NZ). Nothing in these Terms limits or excludes rights and remedies available to consumers under New Zealand law, including the Consumer Guarantees Act 1993 (CGA) and Fair Trading Act 1986 (FTA). If you are acquiring goods or services for personal, domestic, or household use, mandatory consumer guarantees apply and cannot be excluded.

14.6 To the maximum extent permitted by law, Dominate Ag, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, savings, data, or replacement costs, arising from your use of the Service or any products procured using the Service.

14.7 To the extent permitted by law, our total aggregate liability to you for any claim arising out of or in connection with the Service or these Terms is limited to the amount you paid us in the 12 months preceding the event giving rise to the claim.

14.8 Business customers only (contracting out of CGA). Where you are acquiring goods or services for the purposes of a business, you acknowledge and agree that the CGA does not apply, and to the maximum extent permitted by law, all warranties, conditions, and guarantees (whether express, implied, or statutory) are excluded.

You agree to indemnify, defend, and hold harmless Dominate Ag and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third party.

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of other remaining provisions.

17.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive termination of these Terms for all purposes.

17.2 These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services or when you cease using the Site.

17.3 If in our sole judgment you fail, or we suspect you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or we may deny you access to our Services (or any part thereof).

18.1 The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

18.2 These Terms and any policies or operating rules posted by us on the Site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals (oral or written) between you and us.

18.3 Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand. You submit to the non‑exclusive jurisdiction of the New Zealand courts.

You can review the most current version of these Terms at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to the Site or the Service following the posting of any changes constitutes acceptance of those changes.

Questions about the Terms should be sent to team@dominateag.co.nz

Dominate Ag Supplies Ltd
6a/89 Ellice Road, Glenfield, Auckland 0629, New Zealand