ZESPRI CUSTOMER CLAIMS PORTAL TERMS AND CONDITIONS OF USE
1.0 USE OF THE PORTAL
1.1 Welcome to the Zespri™ Customer Claims Portal (Portal). This Portal is operated by Zespri International Limited (Zespri) from Tauranga, New Zealand.
1.2 Your use of this Portal is subject to the following terms and conditions (Terms) and all applicable laws. If you do not agree with any of the provisions of these Terms, please do not use this Portal.
1.3 By clicking on the “I agree” button when you first log in you are deemed to have accepted these Terms.
1.4 These Terms solely relate to your use of the Portal. Your commercial Terms of Trade with Zespri and/or its related legal entities governs your commercial relationship (Commercial Terms). If there is conflict between these Terms and your Commercial Terms, concerning the Parties' rights and obligations, the Commercial Terms take precedence.
1.5 Zespri may amend these Terms in whole or in part from time to time, and you agree to be bound by such version of these Terms as are in effect at the time at which you access the Zespri Portal. You are responsible for ensuring that you are familiar with the latest Terms. Your continued use of the Portal will constitute acceptance of the amended Terms. Zespri will use reasonable efforts to provide notice of such amendments but lack of notice shall not invalidate the Terms.
1.6 The Portal is provided for the purposes of submitting quality claims regarding kiwifruit. Except as otherwise expressly authorised in writing in advance by Zespri, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, adapt, translate, create derivative works based (whether in whole or in part) on, reverse engineer, decompile or disassemble any services or software, all or any part of the Portal, or any materials made available through the Portal.
2.1 Access to the Portal requires users to enter a username and password (initially allocated by Zespri). You must change your password when you first log in to the Portal. Passwords must not contain personal information or include obvious or sequential numbers. You must keep your password secure and must not write it down, store it on your computer or disclose it to any other person. You are solely responsible for the security of your username and password, including the computer you use to access the Portal. Zespri disclaims any responsibility or liability for the security of your password or for any access to the Portal resulting from the unauthorised use of your password.
2.2 Zespri may require you to re‐authenticate yourself from time to time including without limitation after a period of inactivity on the connection between your browser and Zespri’s servers. Zespri is not responsible for any information which is lost or unavailable as a result of your unexpected termination of your browser session.
3.0 INFORMATION ON THE PORTAL
3.1 All material on this Portal, including without limitation, text, images, graphics, layout, look‐and‐feel and any other information contained on or in this Portal (collectively, Content) is subject to copyright and other proprietary rights.
3.2 This Portal and all Content are provided “as is” without warranty of any kind, whether express or implied. All implied warranties, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non‐infringement, are hereby expressly disclaimed. Zespri does not represent or warrant that Content or materials accessed from or through this Portal will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected. Zespri does not warrant or make any representations regarding the use of Content (or results of such use) in terms of correctness, accuracy, timeliness, reliability, completeness or otherwise. Zespri reserves the right to correct, update, supplement or alter the information contained on this Portal at any time without prior notice.
3.3 Zespri reserves the right to monitor any and all information transmitted or received through the Portal for operational and other purposes at any time. You agree that you will not (nor permit any other person to) use the Portal, including the information provided on it, in any way which:
3.3.1 breaches any laws, regulations, standards or codes, or infringes a third party's rights or privacy;
3.3.2 is fraudulent, threatening, abusive, libellous, defamatory, obscene, vulgar, profane, indecent, harassing, rude or offensive; or
3.3.3 introduces or propagates viruses, spyware/bots, worms, trojan horses or any other disruptive or disabling feature.
3.4 You agree not to test the vulnerability of the Portal or any network attached thereto, not to use the Portal to gain unauthorised access to other computer systems or networks connected to the Portal or tamper with, hinder the operation of, or make unauthorised modifications to, the Portal.
3.5 In the unlikely event that an unauthorised person makes changes to the Portal, Zespri does not accept responsibility for those changes.
3.6 If you have entered into two or more contracts with Zespri (and/or one of its other related legal entities), and where two or more of these contract govern your collection, use, disclosure or other processing of Zespri Data, then you must in all cases comply with the contractual provisions in such contracts that impose the most restrictive obligations on you, and afford Zespri the greatest rights and remedies against you.
4.0 COLLECTION OF INFORMATION FROM USERS
4.1 If you provide any information or material to Zespri through the Portal, you assign your rights in that material to Zespri (to the extent applicable) and you consent to Zespri reproducing, using, disclosing, adapting or distributing that material or any ideas, concepts, know‐how or techniques contained in that material, without limitation or reference to you. Zespri reserves the right to:
4.1.1 monitor any and all information transmitted or received through the Portal for operational and other purposes at any time;
4.1.2 disclose any information that may be posted on any portion of the Portal as is necessary to satisfy any law, regulation or governmental request; and/or
4.1.3 refuse to post, or elect to remove, any information or materials, in whole or in part, that in Zespri's sole and absolute discretion are objectionable or in violation of these Terms.
5.0 PRIVACY PROVISIONS
5.1 Zespri may collect and process personal information (as defined in the Privacy Act 2020) given by you through your use of the Portal, including where you submit online forms or change details in the relevant databases accessible from the Portal. Zespri will collect, use and process any personal information you provide via the Portal in accordance with Zespri’s Privacy Statement found at https://www.zespri.com/en-NZ/privacypolicy.
5.2 You agree that you have read and understood Zespri’s Privacy Statement and consent to the collection, use and sharing of your personal information as indicated in the Privacy Statement. You also agree that Zespri may use information provided by you in aggregate form for the purposes of performing and publishing industry statistics and analysis, provided that any such information does not personally identify you.
5.3 You acknowledge that some of the functionality offered on the Portal is dependent upon your provision of information, and that if you do not provide such information, you may not be able to use some of the functionality of the Portal.
5.4 You are entitled to access and request correction of the personal information Zespri may hold about you at any time as set out in Zespri's Privacy Statement. If you want to see, change or request the removal of any of your personal information stored for you by Zespri please email Zespri at email@example.com.
7.1 This Portal contains links to third‐party website and/or portals (Linked Sites), which are provided for informational purposes only and are not guaranteed to be accurate or up to date. No Linked Site is endorsed by Zespri and no responsibility is taken by Zespri for any material, content or information accessed through any Linked Site. Linked Sites have their own terms and conditions which you should review, and access to Linked Sites is done at your risk.
8.0 INTELLECTUAL PROPERTY
8.1 Copyright and trademarks in all materials displayed or available on the Portal are the property of Zespri or their respective owners.
8.2 All rights to the Portal, including rights in text, design, graphics, the selection and arrangement are reserved and no right or licence to any intellectual property is granted or implied, as a consequence of the publication of any material on the Portal.
8.3 Where the intellectual property of third parties has been used, including trademarks and logos, Zespri has obtained consent from these third parties for the use of their intellectual property on the Portal.
8.4 Unless otherwise stated, the reproduction or adaptation of any information from the Portal, in part or whole by any means is prohibited without written permission from Zespri. You are not permitted to incorporate anything from the Portal in any other work, including, in particular, redistributing or publicising it for any commercial or other purpose.
9.0 LIMITATION OF LIABILITY
9.1 Use of the Portal is at your own risk. Subject to any terms implied by law which cannot be excluded, Zespri shall not be responsible or liable, in contract, tort (including negligence), equity or otherwise for damages of any kind, including (without limitation) compensatory, direct, indirect, incidental, special, consequential or punitive damages, loss of data, income, savings or profit, loss of or damage to property, and claims of third parties, arising out of, or in connection with, your access to, or use of, the Portal or any linked Portals, or any Content.
9.2 Zespri makes no warranty that the Portal will meet your requirements, that the Portal will be uninterrupted, timely, secure, or error free. You acknowledge and agree that any information or material and/or goods or services obtained through the Portal is obtained at your discretion and risk. Zespri assumes no responsibility, and shall not be liable for, any damage to, or virus that may infect, your computer equipment or other property on account of your access to, use of browsing in the Portal, or your downloading of any materials provided that we do not limit in any way our liability by law for death or personal injury caused by our negligence. Everything on the Portal is provided to you "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non‐ infringement provided that we do not limit in any way our liability by law for death or personal injury caused by our negligence.
9.3 All warranties, whether express or implied, as to the accuracy, completeness, currency, fitness for purpose or usefulness of the information contained on the Portal (including that provided by calculators and/or any decision making tools available on the website) are excluded to the extent permitted by law.
9.4 You agree to defend, indemnify and hold harmless Zespri, its related parties and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings (including those of third parties), as well as any and all losses, liabilities, damages, costs and expenses (including reasonable solicitors fees) arising out of or accruing from:
9.4.1 your use of the Portal, its information, tools or any other Linked Sites;
9.4.2 any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, patent or other intellectual property right of any person or defames any person or violates their rights of privacy; and
9.4.3 any non‐compliance by you with these Terms.
10.0 RESTRICTION OF ACCESS
10.1 Zespri may, in its sole discretion, restrict or prevent your access to, or use of, the Portal (or parts of the Portal) without prior notice and for any reason. Restriction or prevention of access to or use of the Portal shall not affect any right or relief to which Zespri may be entitled, at law or in equity.
11.1 Zespri systems are subject to logging and monitoring of system activities for information assurance purposes, to ensure compliance with legal requirements and to maintain cyber security and integrity of Zespri’s information systems and data. Monitoring of information and data stored on or transmitted via Zespri’s systems may be performed by authorised third parties.
12.0 SITE TOOLS
12.1 Decision support tools, applications and calculators within the Portal are indicative only and Zespri disclaims any liability for the accuracy, completeness or validity of such tools, together with any results, outcomes or any decisions based on the use of such tools. All decisions are made at your own risk. Information produced by the tools and the methods of calculations may change without notice. Figures used by these tools, including financial, growth and aggregate data are based on figures current only to the dates specified on the relevant pages and may be averages or aggregated data which differs from the circumstances of your orchard or business. If you provide information produced by the tools to any other person, you agree to give that person notice of the disclaimer in those paragraphs.
13.1 The Portal, Content and these Terms are governed by the laws of New Zealand, and you irrevocably submit to the non‐exclusive jurisdiction of the courts of New Zealand in determining any dispute. If you use the Portal from outside New Zealand you are responsible for complying with any applicable laws (whether in your country of residence or New Zealand).
13.2 Any provisions within these Terms that are held to be either invalid or unenforceable will be struck out and the remaining provisions of these Terms will remain in force.
13.3 Any failure by Zespri to act in relation to a breach of these Terms does not waive Zespri’s right to act with respect to subsequent or similar breaches.
Terms last updated: April 2022