OPEN COUNTRY DAIRY LIMITED WEBSITE TERMS & CONDITIONS
1. General
1.1 Thank you for visiting our Website. This Website is owned and operated by Open Country Dairy Limited. By accessing and/or using this Website and related Products and Services, you agree to these terms and conditions, which includes our Privacy Policy (“Terms”). You should review our Terms carefully and immediately cease using our Website if you do not agree with the Terms.
2. Definitions
Intellectual Property Rights: means intellectual property owned or licensed by us relating to our Website, Products or Services, including the text, graphics, logos, icons, the software and any other material underlying or forming part of this Website or our Products or Services and includes any rights to that intellectual property, including any copyright, trade or service mark, trade or business name, logos and any other distinctive brand features, design, patent, semiconductor or circuit layout right, computer code (including source, library, object, and executable code), inventions and logical sequences, in all cases whether registered or unregistered and anywhere in the world.
Open Country, OCD, we, us and our: means Open Country Dairy Limited.
Privacy Policy: means our Privacy Policy available at here.
Products: means any products provided to you by us via this Website.
Services: means any services, features or functionalities provided to you by us via this Website.
Website: means this website.
You: means the person or organisation using the Website, including you as an individual, company, business or any other entity and your has a corresponding meaning.
3. Access and use of the Website
3.1 You agree to access and use the Website and any Products and Services in accordance with the Terms and all applicable laws.
3.2 We grant you the right to access and use the Products and Services via the Website. This right is non-exclusive, non-transferable, and subject to these Terms (which may be amended from time to time) and all other terms and conditions are expressly excluded unless otherwise agreed in writing.
3.3 You may not:
(a) archive, copy, reproduce, distribute, modify, display, publish, licence, create adaptations or derivative works from, offer for sale or use (except as expressly authorised under the Terms) any of the Website content;
(b) circumvent, remove, alter, disable, deactivate or otherwise interfere with any security-related features of the Website;
(c) use any automated tools or mechanisms including any robot, spider or scraper to access the Website or insert any code or manipulate the Website;
(d) reverse engineer, disassemble or decompile any software or software processes in relation to the Website;
(e) use the Website content for any commercial purpose (except as expressly permitted by these terms of use), or for any public display (commercial or non-commercial);
(f) remove any copyright or other proprietary notices on the Website; and
(g) install any viruses, worms, malware or other harmful or destructive software or thing that may impair the functionality of the Website or the ability of others to access and use the Website, Products or Services.
4. Open Country’s Rights
4.1 Under the Terms, we may:
(a) edit or remove any content, features or functionality of the Website; and/or
(b) monitor your use of the Website;
4.2 If you breach the Terms, we may:
(a) suspend or terminate your use of the Website; and/or
(b) take legal action against you.
4.3 We may terminate your access to the Website or our Products or Services at any time without notice. Clause 7 (No Warranty/Disclaimers) and clause 10 (Limitation of Liability) will survive such termination.
5. Intellectual Property
5.1 Your use of the Website or our Products and Services does not transfer the ownership or grant any right or title in or to any of our Intellectual Property Rights to you or any third party.
5.2 You agree and acknowledge that:
(a) we retain all right, title and interest in and to our Intellectual Property Rights and you agree not to attack, dispute or contest the validity, or the ownership, of our Intellectual Property Rights; and
(b) no ownership rights in any of our Intellectual Property Rights are vested or created by the limited rights of use granted to you under these terms of use and that all use of our Intellectual Property Rights under these terms of use, continues for our benefit.
6. Privacy & Communications
6.1 By using the Website, you agree to abide by and comply with our Privacy Policy available here.
6.2 We collect and use your personal information in order to assist you in accessing our Products and Services and for purposes otherwise set out in our Privacy Policy.
6.3 We may disclose your personal information to third parties that help us with our business functions (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide your personal information, we may not be able to provide all of our Products and Services to you. We may also disclose your personal information to recipients that are located outside of New Zealand. All personal information, collected, used, disclosed and stored by us will be in accordance with our Privacy Policy.
6.4 Our Privacy Policy explains: (i) how we store and use, and how you may request access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our Privacy Policy or practices, please contact our Privacy Officer at Privacy.Officer@opencountry.co.nz.
7. No Warranty/Disclaimer
7.1 To the maximum extent permitted by law, we expressly disclaim and exclude all representations, warranties, conditions and guarantees, including (without limitation) in respect of quality, merchantability, fitness for purpose, condition, description, manufacture, design or performance whether express, implied by common law, law merchant, trade usage, custom, statute or otherwise in relation to the Website or, except as otherwise set out in these terms and conditions.
7.2 You acknowledge and agree that:
(a) your use of the Website is at your sole risk;
(b) the Website is provided “as is”; and
(c) the Website may not be secure, timely, uninterrupted, error-free or otherwise reliable;
(d) We may cease to make available any of the Website content or any Products and Services shown;
(e) the transmission of information via the internet is not secure and we cannot guarantee the security of your data in transmission to or from our Website.
(f) We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of the Website or a linked website. You must take your own precautions to ensure that whatever you select for your use from the Website is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems.
8. Linked Sites
8.1 Our Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites, accuracy, security and have no control over or rights in those linked websites.
9. Indemnity
9.1 You agree to indemnify us against all liabilities, costs (including full costs between solicitor and client), losses, claims, expenses and demands incurred by us which arise from or in connection with your access or use of the Website, including but not limited to any breach by you of the Terms, and from any third party claims arising out of or incidental to your use of this Website.
10. Limitation of Liability
10.1 Despite anything else contained in the Terms, any liability to you by us in respect of anything arising from or concerning the Terms, the Website or any of the Products and Services, whether arising in tort (including negligence), contract, breach of statutory duty, equity or otherwise arising from any relationship with you (“Our Liability”) is excluded to the fullest extent permitted by law. To the extent that Our Liability cannot be excluded by law, or to the extent that the exclusion of our liability would render the Terms unenforceable, you agree that the maximum amount that you are entitled to claim against us (in total) and the maximum amount that we (in total) are liable to you for is 10 New Zealand dollar or the next largest amount that would be needed to render the Terms (including these exclusion and limitation provisions) enforceable for our benefit. Despite anything else contained in the Terms, you agree that we are not liable to you (or to anyone else) for any failure or delay in the performance of our obligations under the Terms to the extent that the failure or delay is caused, directly or indirectly, by an event outside our reasonable control.
11. Variations
11.1 To the extent permitted by law, from time to time we may change the Terms by publishing new and amended terms on the Website.
11.2 Unless stated otherwise, new and amended terms will take effect immediately on becoming available to view on the Website. Visiting (other than for the limited purpose only of viewing) or use of the Website and/or placement of an order via the Website will be deemed to be acceptance of the new or amended terms.
12. General Provisions
12.1 Severability: If any part or provision of the Terms are held to be invalid, illegal or unenforceable that part or provision will be deemed deleted from the Terms and the remainder of the Terms will continue to apply.
12.2 Relationship: The Terms do not create any relationship of partnership, agency, employment or joint venture between you and us.
12.3 No waiver: Any failure or delay by either you or us in exercising (or in partially exercising) any right, power or remedy arising from a breach of these terms of use (“Right”) does not operate as a waiver of that Right unless that waiver is provided in writing and signed by the party granting the waiver. The existence of any Right of ours expressly set out in these terms of use, or the exercise of such, does not limit or prejudice any other rights, powers or remedies available to us in contract, at law or in equity, including any rights, powers or remedies that would be available to us if the right, power, or remedy was not set out in these terms of use.
12.4 Assignment: You may not assign or transfer your Rights or obligations under the Terms without our prior written consent. We may assign, transfer or novate any of our rights and obligations under the Terms without your consent.
12.5 NZ law: The Terms shall be interpreted in accordance with, and governed by, the laws of New Zealand. Your use of the Website and the supply of any Products or Services to you by us and any other matter arising from the Terms are subject to the laws of New Zealand. You agree that any dispute arising from or relating to the Terms or the Website is governed by the non-exclusive jurisdiction of the courts of New Zealand.
12.6 Entire Agreement: Unless we otherwise agree in writing, the Terms constitute the entire agreement between us and you in relation to your use of the Website.
12.7 Contact: If you have any questions or concerns in relation to the Website, related Products and Services or these terms and conditions, please contact us via the “Contact Us” link provided on the Website.