1. APPLICATION OF TERMS
- If you use or access the NZ Food Supplies Website (hereinafter referred to as ‘the Website’) you accept these Terms, (including the Privacy and Security Policy, Shipping & Returns Notice, any other notices, disclaimers and any other rules of use contained on this Website; and
- where your access and use is on behalf of another person (e.g. a company), you confirmthat you are authorised to, and do in fact, agree to these Terms on that person’s behalfand that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
- If you [register with our website, submit any material to our website or use any of our website services], we will ask you to expressly agree to these terms and conditions.
If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.
In these Terms:
- including and similar words do not imply any limit
- Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
- personal information means information about an identifiable, living person
- Underlying System means any network, system, software, data or material that underlies or is connected to the Website
- User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website
We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms. We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
4. YOUR OBLIGATIONS
You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete. If you are given a User ID, you must keep your User ID secure and: a not permit any other person to use your User ID, including not disclosing or providing it to any other person; and immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by contacting us.
5. NO UNLAWFUL OR PROHIBITED USE
You must: a not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System.
Access the Website via standard web browsers only and not by any other method. You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.
6. INTELLECTUAL PROPERTY
We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.
Your use of, access to and dealings with all Intellectual Property must not infringe the rights of the copyright owners and licensee.You must not copy, adapt, use, vary, publish, download or communicate to the public any Copyright Material.You understand that NZ Food Supplies Ltd.has contractual arrangements regarding the Intellectual Property and Copyright Material owned by third parties and licensed to NZ Food Supplies Ltd., and those arrangements may be breached if you deal with any Intellectual Property and Copyright Material without the appropriate permission from NZ Food Supplies Ltd..
- To the fullest extent permitted by law, NZ Food Supplies Ltd.,its directors, employees, agents and representatives, exclude all liability, howsoever arising (including from negligence), for any loss or damage whether direct, indirect, special or consequential, or for personal injury which is suffered or sustained, by any user, arising in any way out of or in connection with the NZ Food Supplies Ltd. Website, including, but not at all Ltd. to such loss, damage or injury arising out of the following:
(a) using the NZ Food Supplies Ltd. Website;
(b) purchasing and/or using any products supplied by NZ Food Supplies Ltd. on the NZ Food Supplies Ltd. Website;
(c)any errors or omissions from any information on the NZ Food Supplies Ltd. Website including typographical or photographical errors;
(d) any technical malfunction, error, virus, delay or interference on the NZ Food Supplies Ltd. Website; or
- To the fullest extent permitted by law, NZ Food Supplies Ltd. and its agents:
(a) do not make any representation, warranty or endorsement of any kind, whether express or implied, with respect to the information or material contained herein or the accuracy, reliability or completeness thereof; and
(b) expressly disclaim all representations and warranties, express or implied, with respect to the products advertised or otherwise featured on the NZ Food Supplies Ltd. Website.
- To the extent permitted by law, NZ Food Supplies Ltd. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, computer viruses, bugs, unauthorized intervention, fraud, technical failures, theft or destruction, or unauthorized access to the NZ Food Supplies Ltd. Website, or for alteration of any information provided by a NZ Food Supplies Ltd. Website user.
- You hereby waive and release any and all claims that you may have against NZ Food Supplies Ltd., its directors, employees, agents and representatives in connection with, or arising out of, or incidental to, your access to the NZ Food Supplies Ltd. Website and/or your purchase and/or use of any Products advertised therein.
You indemnify NZ Food Supplies Ltd., its directors, employees, agents and representatives, from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered as a direct or indirect consequence of you using the NZ Food Supplies Ltd. Website and/or purchasing and using any products advertised here in.
- You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
- You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
The Website may include links to other sites, including those operated by other companies/businesses, Government bodies, non-Government organisations and individuals. Each linked site has its own conditions of use, and it is the responsibility of the individual user to ensure they are adhered to. Each link to another site is provided by NZ Food Supplies Ltd. for assistance only in providing those links, NZ Food Supplies Ltd. does not endorse or make any representation or warranty regarding the products, services or information available via any linked site, or in respect to the owner or operator of that site. NZ Food Supplies Ltd. is not responsible for any loss or damage arising from your use of or access to any linked site. You must not create any links to this site without the permission of NZ Food Supplies Ltd.. NZ Food Supplies Ltd. reserves the right to bar any link if it considers that link to be inappropriate.
To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
- the Website being unavailable (in whole or in part) or performing slowly
- any error in, or omission from, any information made available through the Website
- 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 the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this
- any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
- We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.
12. SUSPENSION AND TERMINATION
Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.
If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.
- For us to waive a right under these Terms, the waiver must be in writing.
- Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4, 5, 6, 7 & 8 continue in force.
- If any part or provision 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, the part or provision must be treated for all purposes as severed from these Terms.
The remainder of these Terms will be binding on you.
- These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.