Terms and Conditions
WEBSITE TERMS AND CONDITIONS
EFFECTIVE AS OF: AUGUST 9, 2016
This website (“Site”) and all applications (“Apps”) made available by T&G Global Limited and/or one or more of its subsidiaries or affiliates (individually and collectively, “T&G”, “we”, “us” or “our”) are controlled and/or maintained by T&G. By using our Site or Apps, users (“User”, “you” or “your”) agree to be bound by each of the terms and conditions set forth below and any amendments thereto (“Terms and Conditions”). Please review these Terms and Conditions from time to time to ensure that you have read them, as they may be amended without notice. The date of our Terms and Conditions is set forth at the top of the document. Any changes to these Terms and Conditions will be effective immediately upon the posting of the revised Terms and Conditions on our Site. Your ongoing use of our Site or Apps constitutes your agreement to the amended Terms and Conditions.
Please note that your use of certain features of our Site or Apps may be subject to additional terms and conditions. By using these features, you also agree to be bound by such additional terms and conditions.
Where you have provided T&G with your email details, you agree that those details may be used by T&G to provide you with news relevant to T&G’s business as well as offers. You will have a right to unsubscribe from that.
T&G may terminate, change, suspend or discontinue any aspect of the Site or any App, including the availability of any features of the Site or App, at any time. T&G may also impose limits on certain features and services relating to the Apps or to restrict your access to parts of or the entire Site, in each case, without notice or liability. T&G may terminate the authorization, rights and license given herein or in respect of any App.
All materials on our Site or relating to any of our Apps, including, without limitation, names, logos, trademarks, images, text, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the Site and/or the Apps (collectively, “Content”), are protected by copyrights and other intellectual property rights owned and controlled by us, our affiliates, or other parties that have licensed or otherwise provided their material to us. Except as specifically provided herein or elsewhere on the Site or provided in connection with an App, no Content may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without the prior express written permission of T&G. You may not add, delete, distort, or otherwise modify the Content. Any unauthorized attempt to modify any Content, to defeat or circumvent our security features, or to utilize our Site or any App for any purpose other than their intended purposes is strictly prohibited.
T&G grants the User a non-exclusive, non-assignable, non-transferable, and revocable license (“License”) to use and display, for personal and non-commercial use only (other than in relation to any App which expressly provides for commercial use), one copy of any material provided on our Site or App specifically for the purpose of downloading by the User (“Downloaded Material”). The User agrees to maintain any and all copyright and other notices contained in such Downloaded Material. The User further agrees not to alter or modify the Downloaded Material in any way (provided that the inputting of any data into Downloaded Material, through the normal and intended use of any App, shall be permitted). This License may be revoked by T&G at any time. Upon revocation, the User agrees to delete and/or destroy any Downloadable Material obtained from the Site as well as each App.
RULES OF CONDUCT
By using our Site or any App, the User accepts the following rules of conduct:
The User will not post to or transmit through our Site or any App any material that would violate or infringe in any way upon the rights of others, including but not limited to any threatening, harmful, defamatory, obscene or pornographic material; material that is fraudulent or contains false, deceptive, or misleading statements, claims, or representations; or any material that violates the laws or regulations of New Zealand, or would give rise to civil or criminal liability in New Zealand. The User shall not use our Site or any App to post, upload, or otherwise make available any material protected by a proprietary right, including but not limited to copyright and/or trademark or other third party right without express written permission of the owner of such right.
Further, the User shall not use our Site or any App (a) in violation of any applicable law, regulation, or judicial order; (b) in a manner that violates the terms of these Terms and Conditions, the terms of any applicable agreement with T&G, or any other T&G policy applicable through these Terms and Conditions; or (c) in a manner that interferes with or adversely affects the operation of this Site, any App or any hardware, software, networks, systems, technology, and facilities upon and within which it operates (“Infrastructure”). Users shall cooperate with T&G in investigating and correcting any apparent or actual breach of these Terms and Conditions.
Users shall be solely responsible for any material (“Material”) that they maintain, transmit, download, view, post, distribute or otherwise access or make available using the Site, any App or any Infrastructure. In the event that T&G becomes aware of any such User’s Material or of any activity engaged in by the User that may violate these Terms and Conditions and/or expose T&G to civil or criminal liability, T&G reserves the right to investigate such Material, block access to such Material and suspend or terminate any features of or Content on the Site or any App without any liability to the User. T&G further reserves the right to cooperate with legal authorities and third parties in investigating any alleged violations of these Terms and Conditions, including disclosing the identity of any User that T&G believes is or may be responsible for such violation. T&G also reserves the right to implement technical mechanisms to prevent violations of these Terms and Conditions. Nothing in these Terms and Conditions shall limit in any way T&G’s rights and remedies at law or in equity that may otherwise be available.
Any notes, postings, ideas, suggestions, concepts, or other material submitted through our Site, any App, e-mail or by any other means that we may create or provide in the future will become the property of T&G throughout the world and we shall be entitled (without compensation to any party) to use such material, either commercially or non-commercially, in perpetuity in any form and manner in any media, whether known or hereafter devised, and you will not have any claim against us with respect to such use. You agree that, in the event you make a submission to us: (i) it is original with you and accurate, (ii) it does not violate, and its use will not violate, the rights of any third party or any applicable law or regulation, and (iii) you will use commercially reasonable efforts to ensure that any such submission is free from viruses, worms, trojan horses, or other items of a destructive nature. You further agree not to use our Site, any App, any Content or any products or services included on or available through our Site or any App for any unlawful purpose.
T&G has no responsibility for any material or information created, stored, maintained, submitted, transmitted or made accessible on or through the Site, any App or the Infrastructure by Users, and is not obligated to monitor or exercise any editorial control over such material.
INFRINGEMENT AND REGULATORY COMPLAINTS
T&G will and shall be entitled to cooperate with any law enforcement authorities and to comply with any judicial order requesting or directing T&G to disclose the identity of anyone uploading, downloading, or posting materials, or otherwise using our Site or Apps in violation of any applicable laws or regulations in New Zealand.
DISCLAIMER OF WARRANTIES
OUR SITE, APPS AND ALL CONTENT AND SERVICES INCLUDED ON OR AVAILABLE THROUGH OUR SITE AND APPS ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. YOU AGREE THAT YOUR USE OF OUR SITE OR ANY APP IS AT YOUR SOLE RISK. T&G AND ITS SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS AND ADVERTISERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALTHOUGH WE INTEND THAT THE CONTENT OF OUR SITE AND TECHNOLOGY ASSOCIATED WITH OUR APPS ARE ACCURATE, COMPLETE, AND CURRENT, WE MAKE NO WARRANTY: (I) THAT USE OF OUR SITE, ANY APP OR ANY CONTENT OF RELATING TO THEM (INCLUDING ANY SOFTWARE) WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR ERROR FREE; (II) THAT OUR SITE OR ANY APP WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (III) THAT ANY ERRORS ON OUR SITE OR APP WILL BE CORRECTED; OR (IV) THAT THE SERVERS ON WHICH OUR SITE, APPS AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE CONTENT PROVIDED ON OUR SITE OR ANY APP IS MEANT FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO SUBSTITUTE FOR ANY TYPE OF MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. PLEASE CONSULT YOUR PHYSICIAN OR A REGISTERED DIETITIAN IF YOU HAVE ANY QUESTIONS ABOUT YOUR DIET, MEDICAL CONDITION, OR THE INFORMATION PRESENTED HEREIN.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL T&G OR ITS SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS AND ADVERTISERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES SUFFERED BY YOU OR ANY OTHER PERSON, OR FOR ANY SPECIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE, OR BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS OR INFORMATION ARISING FROM (I) YOUR USE OF OR INABILITY TO USE OUR SITE OR APPS, OR (II) CONTENT AND/OR SERVICES INCLUDED ON OR AVAILABLE THROUGH OUR SITE OR APPS OR ANY AFFILIATED SITES.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability. Therefore, the above disclaimer of warranties and/or limitation of liability may not apply to you.
You agree to defend, indemnify and hold T&G and its subsidiaries, partners, agents, affiliates, licensors and advertisers and their respective officers, directors, shareholders, agents and representatives harmless from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable legal costs) arising from your breach of your agreements under these Terms and Conditions.
These Terms and Conditions shall be governed by and construed in accordance with the laws of New Zealand. You agree to submit to the non-exclusive jurisdiction of the courts located within New Zealand. All of these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be modified or eliminated to the minimum extent necessary and the remaining provisions shall be enforced. These Terms and Conditions constitute the entire agreement between the parties hereto, and supersede any other agreement, promise, or practice between the parties relating to the subject matter hereto. T&G reserves the right to modify any or all of these Terms and Conditions, at its sole discretion. T&G also reserves the right to terminate your access to and ability to use our Site, any App or any portion or portions thereof, at any time (with or without notice). No waiver by either party of any right hereunder shall constitute a waiver of this or any other right.