Terms of Service

Terms of Use

Last Updated: June 2026

This website (the Site) is operated by Brittain Wynyard & Co Ltd located at 22 Heather St, Parnell, Auckland 1052 (“Skratch, our, us, we”). Brittain Wynyard & Co Ltd is the licensed distributor and representative of Skratch Labs, Inc. for the New Zealand market. Skratch Labs trademarks, product formulations, and brand assets are owned by Skratch Labs, Inc. and used under licence.

When you access, browse or use this Site you accept and agree to the terms and conditions set out below (Terms of Use) and any other terms, conditions, notices or disclaimers placed by Skratch on this Site.

These Terms of Use do not relate to your purchase or use of any product or service described or offered on the Site and you are referred to the separate section below titled Terms of Sale and any individual express warranty relevant to that particular product or service as applicable.

Your Right to Use the Site and its Contents

The Site is only for your personal use. You may not distribute, exchange, modify, sell, or transmit anything you copy from the Site, including but not limited to any text, images, audio and/or video, for any business, commercial or public purpose. As long as you comply with these Terms of Use, Skratch grants you a non-exclusive, non-transferable, limited right to enter, display and use the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.

Ownership

All materials on the Site, including but not limited to audio, images, software, text, artwork, video clips and other materials (Content) are protected by copyright under New Zealand copyright law, international conventions, and other copyright laws. You shall not copy, capture, reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit, in whole or in part, the Site or the Content. There are a number of proprietary logos, service marks, and trade marks found on the Site, all of which are owned by, or licensed to, or otherwise authorised for use by Skratch. By making them available on the Site, Skratch is not granting you any licence to utilise those proprietary logos, service marks, or trade marks.

You may download one copy only of the Content to be used only by you for your personal and non-commercial use at home. If you download any Content from the Site, you may not remove any copyright or trademark notices or other notices.

Rights to User's Materials

Skratch welcomes your feedback through the option to “Review” its products online where you have purchased this product from Skratch. However, we request that you be specific in your comments, and that you do not voluntarily submit any ideas, suggestions or materials related to the business of Skratch. If despite this request, you do voluntarily submit any ideas, suggestions or materials related to the business of Skratch either directly to the Site or indirectly by means of any third party, including without limitation through Facebook, Instagram, YouTube or Strava (Submissions), no Submissions shall be subject to any obligation of confidence on the part of Skratch, and Skratch shall not be liable for any use or disclosure of any Submissions. Without limitation to the foregoing, Skratch shall exclusively own the rights of copyright, patent rights, and all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, worldwide, and Skratch shall be entitled to use, reproduce, modify, adapt, publish, translate, license, create derivative works from and distribute such materials or incorporate such Submissions into any form, medium, or technology now known or later developed, for any purpose whatsoever, commercial or otherwise, without compensation to the author(s) or provider(s) of the Submissions.

You consent to Skratch (and its successors in title, licensees, assignees and persons authorised by Skratch) doing any act or omitting to do any act comprised in any or all of your ‘moral rights’ arising out of or in connection with the use of the Submissions in any manner and in any media now known or devised in the future, regardless of whether such conduct amounts to derogatory treatment. If requested by Skratch and at its expense you will execute such documents so as to give effect to the grant of rights and consent in these Terms of Use.

Skratch does not usually actively supervise, edit, control, monitor or censor the Submissions. However, Skratch may from time to time review Submissions and you acknowledge that Skratch retains the right to edit or take down Submissions and may suspend you from participating on the Site at Skratch's sole discretion. You also acknowledge that some views or opinions expressed are those of other users of the Site which are not necessarily shared by Skratch and Skratch does not endorse any Submissions or any opinion, recommendation or advice contained in them.

You irrevocably waive any right which you have or which you may in the future have to make any claim or demand or institute any legal or quasi legal proceedings against Skratch based on the contents of any Submissions included on this Site.

If a breach of these Terms of Use is brought to Skratch's attention, Skratch may at its option reject, refuse to post or remove Submissions from the Site or prohibit a user from accessing the Site. In any event, Skratch reserves its absolute right to withdraw permission for a user to access the Site at any time.

If you think that a comment that has been posted is offensive, unsuitable or has in some other way breached these Terms of Use, please Contact Us with a link to the comment and your reasons for objecting to it. We will consider whether there are grounds for editing or removing the comment and take appropriate action, but you won't necessarily be contacted as to our decision.

By posting Submissions on the Site you agree to the following: you are entering into a communication with us and we can contact you via email and other commercial electronic messages in relation to the Submissions or with information that we believe will be directly relevant and of interest to you.

Security of Electronic Transmissions

Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others, unless there is a special notice that a particular message is encrypted. Sending an e-mail message to Skratch does not create any reciprocal obligation or responsibility of Skratch to you.

Links to Other Websites

This website may contain links to other websites, which are not operated by Skratch (Linked Sites). These links are provided for your convenience only and do not constitute an endorsement of the Linked Sites or their content. Skratch has no control over, and accepts no responsibility for, the content, availability, or practices of any Linked Sites, and is not liable for any loss or damage arising from your use of them. Access to and use of Linked Sites is subject to the terms and conditions of those sites.

Right to Change these Terms of Use or Site Content

Skratch may add to, change, or remove any part of these Terms of Use at any time, without notice. Any changes to these Terms of Use or any terms posted on the Site apply as soon as they are posted. By continuing to use the Site after any changes are posted, you are indicating your acceptance of and agreement to those changes. Furthermore, Skratch may add, change, discontinue, remove, or suspend any other Content posted on the Site, including features and specifications of products and services described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.

Privacy

Our Privacy Policy explains how we collect, use, store, and disclose your personal information. You are responsible for ensuring that any information you provide to us, including account details, is accurate, complete and kept up to date.

Disclaimer

Your use of the Site is at your own risk. The Site (including all content and functions made available on or accessed through the Site) is provided “as is.” To the fullest extent permissible by applicable law, Skratch disclaims all warranties, express or implied, including, but not limited to, implied warranties, guarantees and conditions of merchantability and fitness for a particular purpose, workmanlike effort, title, and non-infringement. Furthermore, Skratch does not warrant that the server that makes the Site available is free of viruses or other harmful components that may infect, harm, or cause damage to your computer equipment or any other property when you access, browse, download from, or otherwise use the Site.

The inclusion of any advertising or other information or third party material on any page of the Site which promotes products or services to be supplied by a party other than Skratch does not imply that Skratch endorses or recommends any such party, product or service.

While all reasonable care has been taken in publishing and maintaining the Site, Skratch and sponsors of any material presented on the Site accept no liability or responsibility whatsoever for, or in respect of, any use of the Site or any reliance upon material contained on the Site or any linked Site. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.

Skratch will not be liable for any loss resulting from any action or decision by you in reliance on the material or content on the Site, nor any interruption, delay in operation or transmission of the Site. You are solely responsible for any damage to your computer systems or loss of data that results from your use of the Site.

You expressly acknowledge and agree that Skratch does not exert control over users of the Site and Skratch is not liable either for their opinions or their behaviour, including any information or advice and any defamatory statements or offensive conduct on their part or the breach of any law including those relating to privacy.

Limitation of Liability

Under no circumstances, including, but not limited to, Skratch's negligence, shall Skratch be liable for any direct, consequential, incidental, indirect, punitive, or special damages that result from (A) the use of, (B) the inability to use, (C) errors or omissions in the contents and functions of, the Site, even if Skratch or an authorised representative of Skratch has been advised of the possibility of such damages. To the extent that New Zealand law does not allow the exclusion or limitation of consequential or incidental damages, the above limitation or exclusion may not fully apply.

Indemnity and Waiver by User

You agree to indemnify and keep indemnified Skratch from and against any costs, loss, liability, claim or damage which Skratch incurs or suffers as a result of any default by you in respect of these Terms of Use or of any act or omission by you in connection with your use of the Site.

Use of Site by Children

While this Site may be viewed by children, we do not ensure that all content on the Site is appropriate for children of all ages. All visitors to this Site under 18 years of age must obtain the consent of their parents or legal guardians. Children using the Site will be subject to and are bound by these Terms of Use and your parent or guardian will be deemed to accept the application of these Terms of Use to your use of this Site. Skratch requests that parents and guardians to supervise their children when accessing or using the Site. No Submissions should be submitted to, or posted at, the Site by visitors under 18 years of age without the consent of their parent or guardian.

General Provisions

These Terms of Use and any additional terms posted on the Site together constitute the entire agreement between Skratch and you with respect to your use of the Site. No waiver of any obligation by Skratch will be effective unless in writing and executed by Skratch.

If, for any reason, a court of competent jurisdiction finds any provision of these Terms of Use, or any portion thereof, to be unenforceable, that provision or portion shall be deemed severable, and shall not affect the validity and enforceability of any remaining provision of these Terms of Use.

These Terms of Use shall be governed by and construed in accordance with the laws of New Zealand, without reference to its conflicts of law rules. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand and any courts of appeal from them for determining any dispute concerning these Terms of Use. Skratch reserves the right to commence proceedings in any jurisdiction and under the law of that jurisdiction in order to enforce its rights under these Terms of Use.

Terms of Sale

Last Updated: July 2026

These Terms of Sale only apply to the purchase of products offered for sale on this Site (Online Purchase). Separate terms and conditions apply to wholesale supply agreements with our stockists and reseller partners.

Nothing in these Terms of Sale limits or excludes any rights you may have under the Consumer Guarantees Act 1993 or any other applicable consumer protection laws in New Zealand.

Please refer to our separate Terms of Use of the Site above and Privacy Policy. If there is any inconsistency between the Terms of Sale and either the Terms of Use or the Privacy Policy, these Terms of Sale will prevail to the extent of the inconsistency in respect of Online Purchases.

Placing an Order

To purchase a product, please select a product by placing it in the Site shopping cart. Your selection of a product constitutes an offer by you to Skratch to buy the selected product (Order). All Orders are subject to acceptance by Skratch and are subject to availability. Skratch will confirm receipt of the Order by e-mail.

Skratch will confirm acceptance of the Order when your payment is received in full as cleared funds by dispatching the products to you and by sending an invoice to you by email confirming that your order has been accepted.

Price

All prices are in New Zealand dollars and include GST. Whilst we try and ensure that all details, descriptions and prices which appear on this website are accurate, errors may occur. If we discover a pricing or product description error affecting your Order, we will notify you as soon as possible and offer you the option to reconfirm the Order at the correct price or cancel it.

The cost of your Order will be the price of the products ordered on the Site. However, you will be solely liable for all credit card charges, including bank charges on the transaction for each Online Purchase. Skratch will add any transaction charges by your financial institution to the payment.

Delivery charges are additional and will be clearly displayed during checkout and included in your total purchase price.

Payment

Payment can be made by credit card, debit card, Afterpay or direct bank transfer.

You must be 18 years of age or older to make an Online Purchase and you may only use your own credit card.

To pay for an Online Purchase simply complete the requested details when prompted to do so in the “Checkout” section of the Site.

Once your payment has been authorised by your bank, the Order will be processed. Skratch reserves the right to refuse any Orders that are suspected of being made in a fraudulent manner.

Delivery

Products will be shipped within 2 business days of confirmed payment

Online Purchases can only be delivered within mainland New Zealand.

Any estimated delivery times are indicative only and may be subject to delays outside our reasonable control, including postal delays or force majeure events. For further details, please refer to our Delivery/Shipping page.

The product will be delivered to the address you nominate in your Order;
You or someone acting on your behalf must be present at the delivery address specified in the Order during normal business hours, where a signature is required;
Skratch is not responsible for products sent to an incorrectly supplied address;
Skratch is not responsible for products you fail to collect from Skratch's delivery agent or any third-party delivery depot;
If your Order fails to arrive within 5 business days of the date of your Order, please Contact Us in writing. We will investigate your claim and, if satisfied that the product has not been delivered, will send replacement products to satisfy your Order, subject to the other terms in these Terms of Sale;
You are not entitled to exercise any right of set-off against moneys payable to Skratch in respect of your Online Purchase;
Title in the product of an Online Purchase remains with Skratch until Skratch receives payment in full for the product;
Risk in the product of an Online Purchase passes to you upon delivery of the products to the address you specified in the Order or to a local delivery depot.

Health, Allergen and Nutritional Information

Skratch products are food products intended to support hydration and energy needs during exercise. You should read the product label, ingredient list and Nutrition Information Panel (NIP) before consuming any product, particularly if you have a food allergy, intolerance, medical condition, are pregnant or breastfeeding, or are uncertain whether a product is suitable for you.

Information on this Site about our products, including any statements regarding ingredients, sourcing or performance benefits, is provided for general informational purposes only and is not medical or nutritional advice specific to you. It is not a substitute for advice from a doctor, dietitian or other qualified health professional.

Skratch does not make, and nothing on this Site should be read as, a claim that any product diagnoses, treats, cures or prevents any disease or medical condition.

If you experience an adverse reaction to any Skratch product, discontinue use and seek medical advice. To report a product safety concern, please Contact Us.

Storage and Shelf Life

Products are shipped with a reasonable amount of shelf life remaining at the time of dispatch. Please store products as directed on the packaging and consume before the best-before or expiry date shown.

Product Returns

Because our products are food items intended for consumption, we are not able to accept returns or exchanges for change of mind, and opened products cannot be returned for hygiene and food safety reasons.

If a product you receive is faulty, damaged, incorrect, or not of acceptable quality on arrival, please Contact Us within 5 days of delivery. Where required under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986, we will replace the product, provide a refund, or otherwise remedy the issue.

Nothing in this section limits or excludes any rights you may have under the Consumer Guarantees Act 1993 or other applicable consumer protection law.

Order Cancellations

Orders accepted by Skratch will only be cancelled by Skratch in its sole discretion, including the recovery of its reasonable costs for the acceptance of the Order, delivery of the products and its cancellation. You may Contact Us in order to make a request for the cancellation of an Order.

Product Description and Availability

We take all reasonable measures to ensure that details, measurements and descriptions of the products given on the Site are as accurate and complete as possible but there may be variations between these and the products supplied for an Online Purchase, including packaging or formulation updates by the manufacturer. We do not warrant that the product descriptions are complete or error-free.

All products are subject to availability.

Discount Codes and Promotions

We may from time to time offer promotional discount codes (Discount Code) that can be used for eligible purchases made through the Site. The terms relating to any Discount Code will be specified at the time of issue.

Unless otherwise stated:

Discounts apply to the recommended retail price only;
Discount Codes cannot be used with any other offers, promotions, special prices, or clearance items;
Only one Discount Code may be used per Order;
Discount Codes must be entered at checkout and cannot be applied after an Order is placed.

Discount Codes are non-transferable, not redeemable for cash or credit, and must not be resold. We may cancel or refuse to honour a Discount Code where we reasonably believe it has been misused or applied contrary to these Terms. We reserve the right to amend or withdraw promotional offers to the extent permitted by law.

Wholesale, Reseller and Authorised Retailer Terms

Genuine wholesale and trade customers should purchase through our wholesale ordering channels under the terms of their individual trading agreement with Skratch, rather than through this Site.

Skratch reserves the right to cancel or refuse Online Purchase Orders that it reasonably believes are intended for resale outside of an authorised wholesale or trading agreement, including bulk purchases or multiple orders placed under different accounts or names for that purpose. This does not affect orders placed by authorised stockists under a separate trading agreement.

Intellectual Property

All intellectual property rights in the products supplied by means of an Online Purchase are retained by Skratch, Skratch Labs, and/or their respective licensors, and you are not entitled to reverse engineer or rebrand the product in any way.

Privacy

Disclaimer

This Site provides general information about Skratch and the products and services offered on the Site. The information contained on the Site has been prepared solely for the purpose of providing information about Skratch and the products it offers.

Skratch and its affiliates shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of your access to or inability to access the Site. This includes viruses alleged to have been obtained from this Site, your use of or reliance on this Site or any of the information or materials available on this Site, regardless of the type of claim or the nature of the cause of action. By your use of this Site, you agree that you are using this Site solely at your own risk.

Policy Changes

We may update these Terms of Sale from time to time. Any changes will take effect once posted on the Site. Your continued use of the Site after changes are posted indicates your acceptance of the updated Terms of Sale.