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TERMS AND CONDITIONS
This site is owned and operated by The New Zealand Merino Company Limited ("NZM"
or "our" or "us" etc). It is intended to provide an information
service to growers and customers of NZM.
the agreement between NZM and the user ("you" or "your" etc)
for the use of our website www.merinogateway.com (the "site") and all
of the content, information, data, services and functions that may be offered from
time to time to you by NZM via the site (the "Content"). By using the
site you represent that you have read, understood and accepted the Terms and Conditions
and agree to be bound by them. You cannot proceed further into the site until such
time as you have acknowledged that you have accepted the Terms and Conditions. If
you do not agree to the Terms and Conditions, and to be bound by any changes to
them in the future, then please do not use the site.
Changes to the Terms and Conditions You may not vary the Terms and Conditions in
any way. NZM reserves the right, at its discretion, to make changes to the Terms
and Conditions at any time. You are responsible for regularly reviewing the Terms
and Conditions. Continued use of the site following any such changes will constitute
your acceptance of such changes.
The site is provided on an 'as is' and 'as available' basis. We
cannot, and do not, guarantee access to the site (or any particular Content) or
that your access will be uninterrupted, timely, and secure, or error or fault free
or that the site or the server that makes it available is free of any virus or other
harmful elements. We may at any time, with or without notice, take any action we
consider desirable to protect the security or integrity of the site or Content or
to carry out maintenance or upgrades.
Limitations on use
NZM owns and/or has the right to use all copyright and other intellectual property
in the site, including the trade marks represented in the site. Except as provided
by this paragraph, material from the site may not be copied, reproduced, distributed,
modified, published, uploaded, posted, or transmitted in any way, without the prior
written consent of NZM. Permission is granted to electronically copy and to print
hard copy portions of the site for the sole purpose of recording:
- your relationship with us;
- information on the site; or
- the results generated by the site of searches completed by you.
Material copied from or derived from information on the site may not be sold under
any circumstance. Any other use of materials on the site, including reproduction
for purposes other than those noted above without our prior written permission is
strictly prohibited and directly violates our intellectual property rights. You
may not use the site to compete with NZM or behave in any manner that is objectionable
or detrimental to NZM (this includes "spamming"; use contrary to established
"netiquette"; use in breach of anyone's rights; use for any illegal purpose;
accessing, posting, transmitting, downloading or communicating any objectionable,
unlawful, threatening, libellous, defamatory, slanderous, scandalous, offensive,
obscene, inflammatory, pornographic, profane, false or dangerous material; or use
for hacking or otherwise compromising any linked computer system). Your use of the
site does not confer on you any right, title or interest in any intellectual property
in the site or represented on the site, or materials or software contained in or
involved in the operation of the site. Your use of any software provided on the
site will be subject to the terms and conditions of use of that software, which
will appear as you download that software. The Terms and Conditions will also apply
to your use of that software, provided however that in the event of a conflict between
the Terms and Conditions and the terms and conditions of use of that software, the
terms and conditions of use of that software will prevail.
If you are required to open an account with us to enable you to use the site, you
agree that all information you provide to us in the application to open that account
is accurate in all respects. You will not be allocated an account until you have
provided all information asked of you in your application. The responsibility of
maintaining the confidentiality of your user name and password is yours alone. Accordingly,
you will be responsible for any and all activity that occurs under your account.
You agree to notify us as soon as possible of any unauthorised use of your account
of which you become aware. We will not be liable in any respect for the consequences
of a third party using your account.
Termination of account
NZM may terminate your account and prevent your access to any part or all of the
site and any related service(s) at any time, with or without cause, with or without
notice, effective immediately, for any reason whatsoever. Upon termination, your
rights to use the site will immediately cease. If you wish to terminate your account,
you should send an email to email@example.com.
Personal information will be collected from you in the course of opening your account
and your use of the site. This information is collected to enable us to provide
the services requested by you, to manage your account with us and for statistical
purposes to determine the usefulness of the site. You are not obliged to provide
us with any information, although failure to do so may result in us being unable
to process your registration or provide you with information via the site. Information
collected about you will not be disclosed to any other party unless:
- the disclosure is authorised by you, or
- the disclosure of the information is one of the purposes in connection with which
the information was obtained from you; or
- it is in a form that will not identify you, or
- the disclosure is required by law,
- but may be used by NZM in connection with your use of any of its other websites.
You can ask to see any information held by us about you and request that that information,
if it contains errors, be amended at any time.
From time to time we may send you notices and other information relating to your
access and use of the site and our services by whatever means NZM considers appropriate,
including by electronic means. You consent to NZM sending you such notices and information,
including for the purposes of the Unsolicited Electronic Messages Act 2007. You
may notify NZM at any time if you do not wish to receive such notices and information,
by contacting firstname.lastname@example.org.
While NZM will endeavour to keep the information and materials on the site, including
those provided by you, secure and confidential, NZM will not be responsible for
any breach of security and does not represent that the site is completely secure.
The Content is supplied upon the condition that you will make your own determination
as to its suitability to your purposes prior to use. The Content is not intended
to be a substitute for your own judgment. NZM gives no warranties as to the accuracy
of the Content. Please contact NZM on 03 335 0911 to verify any of the Content.
From time to time the site may be rearranged, updated or otherwise changed. NZM
will use its best endeavours to ensure that all relevant links and data continue
to be available to you in such circumstances. However NZM does not warrant that
the relevant functions will be uninterrupted or free from error. NZM will not be
liable for any costs, expenses, damages, losses or liabilities suffered by you (whether
direct, indirect, special, consequential or otherwise) as a result of your use of
the site whether as a result of any failure of performance, communication error,
inaccuracies or omissions in Content, interruption, defect, delay in operation of
transmission, computer virus or line failure or otherwise.
Consumer Guarantees Act and Fair Trading Act
You agree that if you are using the site in trade or for the purposes of a business,
to the maximum extent permitted by law, those provisions of the Consumer Guarantees
Act 1993 and the Fair Trading Act 1986 which may be excluded by contract are so
excluded and do not apply.
You agree to indemnify and hold NZM, its subsidiaries, affiliates, officers
and employees, harmless from any claim, demand, liability or damage (including reasonable
legal fees), asserted by any third party due to or arising out of your conduct on
or use of the site.
NZM requires that you do not establish any links to the site without the prior written
consent of NZM. From time to time, links may be added to the site. NZM is not responsible
for the contents of any site to which a link appears on the site or the contents
of any site that is linked to such site, unless such site is also operated by NZM,
in which case NZM's liability will be limited in accordance with the terms and conditions
appearing on that site.
The site and the Content have been prepared in accordance with the requirements
of the laws of New Zealand. The Terms and Conditions and any matters or disputes
connected with the site and/or the Content will be governed by New Zealand law and
will be dealt with by New Zealand courts.