TERMS AND CONDITIONS
1. Welcome to the Zespri website (hereinafter the “Website”).
This Website is owned and operated by Zespri International Limited (“Zespri”) from Tauranga, New Zealand for your legitimate personal and business purposes and information. Your use of this Website is subject to the following terms and conditions (“Terms and conditions”) and all applicable laws. Zespri may update the terms applicable to this Website from time to time, and you agree to be bound by such terms as are in effect at the time at which you access the Zespri Website. If you do not agree with any of the terms, please do not use this Website.
2. Restrictions on use of the Website
You agree that you will not (nor permit any other person to) use the Website, including the information provided on it, in any way that (i) breaches any laws, regulations, standards or codes, or infringes a third party’s rights or privacy; (ii) is fraudulent, threatening, abusive, libellous, defamatory, obscene, vulgar, profane, indecent, harassing, rude or offensive; or (iii) introduces or propagates viruses, spyware/bots, worms, trojan horses or any other disruptive or disabling features. You agree not to test the vulnerability of the Website or any network attached thereto, nor to use the Website to gain unauthorised access to other computer systems or networks connected to the Website or tamper with, hinder the operation of, or make unauthorised modifications to, the Website.
3. Information on the Website
All material on this Website, including without limitation, text, images, graphics, layout, look-and-feel and any other information contained on or in this website (collectively, “Content”) is subject to copyright and other proprietary rights. This Website and all content are provided “as is” without warranty of any kind, whether express or implied. All implied warranties, including but not limited to 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 Website 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 Website at any time without prior notice.
4. Collection of information from Users
If you provide any material to Zespri through the Website (including “personal information” within the meaning of the Privacy Act of 1993) you assign your rights to said material to Zespri (to the extent applicable) and you consent to Zespri reproducing, using, disclosing, adapting or distributing said material or any ideas, concepts, know-how or techniques contained therein, for marketing, research and development, and otherwise any lawful purpose and without limitation. Zespri reserves the right to monitor any and all information transmitted or received through the Website for operational and other purposes at any time. Zespri reserves the right at all times to disclose any information that may be posted on any portion of the Website as is necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in Zespri’s sole and absolute discretion are objectionable, detrimental to its interests, or in violation of these Terms and conditions.
The Website uses “cookies” to collect information that is used to measure activity on the Website and to make improvements and updates based on the popularity of each area. This information is not used to identify individual website users. If your browser is set to block cookies or to alert you when cookies are being sent, some parts of the Website may not function properly. Accordingly, if you wish to make full use of the Website, it is recommended that your browser be set to accept cookies. For more information please visit our Cookies policy page.
6. Links to other Websites
Links and references to other websites are provided to you as a convenience only. Any website you access from the Website is independent of Zespri. Zespri has no control over the content of any other website and does not make any representations about, and neither endorses nor accepts any responsibility for, the content, validity, accuracy, or use, of any other website. Any such websites may not follow the same privacy obligations as Zespri and those third parties are responsible for their own privacy practices. You should check the terms and conditions applicable to those websites before you use them.
7. Linking to this Website
You may not create hyperlinks or other internet links to this Website unless: a) you do so using the links to Twitter, Facebook, Pinterest, email or ShareThis provided on the Website for sharing recipes; or b) before creating your hyperlink, you obtain the prior written consent from Zespri, accept these Terms and conditions and any other terms and conditions that Zespri may reasonably require at the relevant time. To apply for permission, please email email@example.com with details of your intent. Zespri may then provide you with its written consent.
8. Intellectual Property
Copyright and trademarks for all materials displayed or available on the Website are the property of Zespri or their respective owners. All rights to the Website, including rights to text, design, graphics, the selection and layout are reserved and no rights or licences to any intellectual property are granted or implied, as a consequence of the publication of any material on the Website. 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 Website. Unless otherwise stated, the reproduction or adaptation of any information from the Website, in part or whole by any means is prohibited without written permission from Zespri. You are permitted to copy textual material published by Zespri on the Website for your own non-commercial use only, provided you retain and display any copyright notice applying to the material. You are not permitted to incorporate anything from the Website into any other work, including, in particular, redistributing or publicising it for any commercial or other purpose.
9. Limitation of Liability
Use of the Website 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 Website or any linked websites, or any Content.
10. Restriction of Access
Zespri may, in its sole discretion, restrict or prevent access to, or use of, the Website (or parts of the Website) without prior notice and for any reason. Restriction or prevention of access to or use of the Website shall not affect any right or relief to which Zespri may be entitled, at law or in equity.
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.
TThe Website, Content and these Terms and conditions 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 Website from outside New Zealand, you are responsible for complying with any applicable laws (whether in your country of residence or New Zealand). Any part of these Terms and conditions that is either invalid or unenforceable shall be struck out and the remaining Terms and conditions shall remain in force. Any failure by Zespri to act in relation to a breach of these Terms and conditions does not waive Zespri’s right to act with respect to subsequent or similar breaches.