Web Terms & Conditions

 

Welcome to Farm Source’s website (the “Site”). Thank you for taking the time to read these terms and conditions (the “Terms”) which apply with respect to your use of the Site and our products and services. By using our Site and our products or services, including becoming a registered user of the Site (“User”), you will be deemed to have accepted the Terms. If you would like to see our Privacy Policy, please click here.

The Site is provided by Fonterra Co-operative Group Limited (“Fonterra”, “we” or “us”).

If we make any changes

We may update or revise these Terms, and your continued use of the Site following any changes to the Terms indicates your acceptance of those changes. Please check these Terms from time to time for changes.

This is a New Zealand site

This Site and the information on it, is intended for use by New Zealand residents only, although residents of other countries are very welcome to visit the Site. Those who choose to access this Site from locations outside New Zealand do so on their own initiative and are responsible for compliance with local laws. New Zealand law governs the Site, these Terms and all agreements entered into through the Site and you accept the exclusive jurisdiction of the New Zealand courts.

Intellectual property

Fonterra either owns or has the right to use all content and materials available on the Site. This content is protected by copyright, trademarks or other intellectual property rights and laws. No content or material on the Site may be reproduced, adapted, linked to, distributed or used in any way without the prior written consent of Fonterra. However, you may print or download one copy of the materials or content on this Site on any single computer for your personal use, provided you keep intact all copyright and other proprietary notices.

Links to other sites

This Site may contain links to other sites which are not under the control of Fonterra. These links are provided for your convenience only. We make no representations concerning the accuracy of information or the quality of products and services found on any linked site and will not be responsible for the content of any of those sites or for any loss or damages suffered as a result of you using any linked sites.

Weather information from MetService

Weather information is provided by the MetService for information purposes only. No liability will be accepted by Fonterra, or MetService for reliance on this information or for any errors, omissions or delays. The limitations, indemnities and disclaimers in these Terms which apply for the benefit of Fonterra also apply for the benefit of MetService.

Information and materials on the Site

The Site may from time to time contain information, advice or data, including calculators, estimators, or other tools. Such information, advice or data is not intended to be a substitute for your own judgment or any advice provided by your own consultants or experts. All information, advice or data provided on this Site is supplied upon the condition that you will seek independent advice, where appropriate, and make your own determination as to its suitability for your purposes prior to use. In particular, we recommend you seek the advice of a qualified veterinarian for detailed information on animal health issues.

We have made reasonable steps to ensure that all the information, advice and data on the Site is free from error, however, we do not warrant its accuracy, adequacy or completeness, or that it is suitable for your intended use.

In particular, the calculators and estimators provided on this Site are intended to be guides only and Fonterra does not warrant their accuracy, adequacy or completeness, or that they are suitable for your intended use. You agree that you will not make any use of calculations or estimations generated through this Site in a manner which might cause a third party to rely on that information in a way which could give rise to liability on the part of Fonterra.

Data, information and prices on the Site may be displayed on a delayed basis. You can update this by clicking the refresh button on your browser.

We recommend you seek independent advice

Because this Site is not designed for the purpose of providing personal financial or investment advice, we strongly recommend that you seek independent advice before acting on any information on this Site (including in relation to calculators and estimators).

If the Site is not available

We will update and maintain the Site using reasonable care and skill and within reasonable timeframes unless we expressly state otherwise, however, we do not represent or warrant that the functions contained in the materials will be error-free or continuously available, that all defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components.

Fonterra does not provide warranties

If you are using this Site or any of our products or services for purposes other than in relation to a business, then we accept that you may have rights under the Consumer Guarantees Act 1993 or other legislation. Nothing in these Terms is intended to affect any rights which you may have under such legislation which we are unable by law to exclude or limit.

If you are using this Site for the purposes of a business, then you agree that the provisions of the Consumer Guarantees Act 1993 shall not apply to your use of or any reliance on the Site.

The materials and information in this Site are provided "as is" and "as available" and without warranties of any kind, either express or implied, and you use and rely on this Site at your own risk. To the fullest extent permissible by law, Fonterra disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.

Under no circumstances, including but not limited to negligence, are we liable for your reliance on any information in the Site, or liable for any direct, incidental, special, consequential, indirect or punitive damages that result from the use of, or the inability to use, the materials in this Site or the materials in any sites linked to this Site, even if Fonterra, or a Fonterra-authorised representative has been advised of the possibility of such damages.

The limitation to our liability

To the fullest extent permissible by law, we are not liable for any loss, damage, cost or expense (whether direct or indirect) incurred by you as a result of the use of any information on this Site or any error, omission or misrepresentation in any information on this Site, or our failure to provide this Site.

Your indemnity to us

You agree to indemnify us and keep us fully indemnified against all actions, proceedings, losses, liabilities, damages, claims, demands, costs and expenses suffered or incurred by us as a result of or in connection with any act or omission of yours or breach of any of these Terms.

Contract formation

The products and services contained on this Site constitute an invitation to treat and not an offer to supply those products or services to you. When you submit an order to us, you are making an offer to buy those products in accordance with these Terms and our then current terms of trade including our Online Sales Terms and Conditions. We reserve the exclusive right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by you, including any order we believe, in our sole judgment, to have been placed fraudulently or in an effort to supply trade re-sale.

Prices, Products and Services

All prices on this Site are in New Zealand dollars and are inclusive of GST and any other sales tax. Please note that we reserve the right to alter the prices at any time for any reason.

Prices are subject to change by individual stores, and do not include display accessories, options or delivery. Prices displayed may vary in different regions and different stores.

Some goods may not be on show or available at each of our stores. Each published saving in respect of a product is by reference to the recommended retail price of the manufacturer or our normal ticketed price.

Electronic communications from us

You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other service related communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002. You consent to receiving electronic messages and information sent by us (or on our behalf) for any purposes described in our Privacy Policy. You agree, pursuant to section 11(2) of the Unsolicited Electronic Messages Act 2007, that the person sending any such message need not include a functional unsubscribe facility in that message.

Farm Source jobs

The Farm Source Jobs page (“Farm Source Jobs”), which is available through this Site and to the public through Fonterra.com, is an onsite forum for people to advertise the availability of employment. We are not responsible for, and have no control over, the accuracy, availability, or legality of any offers made. You acknowledge that any information you post in an advertisement on Farm Source Jobs is made available to the public.

You are solely responsible for any negotiations or agreements between yourself and any other person entered into through or in connection with Farm Source Jobs. We have no liability or responsibility whatsoever to any person in respect of any use of Farm Source Jobs or as a result of or in connection with any negotiations or agreements entered into through Farm Source Jobs.

If any dispute arises between you and another person or party as a result of or in connection with your use of Farm Source Jobs or as a result of or in connection with any negotiations or agreements entered into through Farm Source Jobs, you agree that the limitations, indemnities and disclaimers set out in these Terms shall apply for our benefit.

You agree to comply with all applicable laws and regulations in placing your advertisement on Farm Source Jobs. We may, but we are not obliged to, review any advertisement and reserve the right to edit any part of, or remove, any advertisement for any reason, without giving you notice.

Except for personal information (as described in the Privacy Act 1993) we may collect, store, and use information, provided by you in advertisements on Farm Source Jobs for our own business, research, statistical and other purposes relating to the dairy industry and may provide that information, in any form, to third parties for these purposes.

Farm Source Community

The Farm Source Community is a place for you (our farmers) to collaborate, socialise and share. However we ask you to please be respectful of the entire community and refrain posting comments that:

  • Contain curse words or offensive language
  • Contain hate speech
  • Contain degrading content
  • Contain false statements and claims
  • Contain personal attacks or discriminate against others
  • Are harmful to children
  • Contain inflammatory religious or racial content
  • Reference a third party page or website including posting a link (unless we’ve agreed to it beforehand)
  • Contain confidential information relating to other users
  • Endorse or proclaim any illegal activity
  • Contain spam links
  • Use the page to promote personal causes, charities or business activities

We reserve the right to remove any comments or posts that do not play by these rules, without warning or explanation. Any individual or group found to repeatedly violate this policy will be removed from the Farm Source Community. Please let us know if you consider these guidelines been breached.

By making any contribution to the Farm Source Community - including comments, photos or videos – you are granting us permission to reuse this content inside the Farm Source Community platform. Permission will be sought via an individual request to the owner of the comment if we wish to use the content outside of the Farm Source Community platform. Please direct message the Farm Source Community admin or email Nzfarmsource@fonterra.com with any questions or concerns.

Your Username and Password

If you register as a User, you will be issued with a Username and Password. You will be given your own Username as part of the application process. Under no circumstances should you keep a written or electronic record of your Password, nor disclose your Password to any other person. You must keep your Password confidential to you alone and you must take all reasonable steps to prevent disclosure of your Password.

Your Username and Password allow you to log in to all of the following: Farm Business, Farm Store, Farm Rewards and Farm Source Jobs, and On Farm, My Co-op, and Monthly Plant Check apps.

If you share your Username and Password with anyone they will also be able to access your entire Farm Source account, including not just your farm data but any Store and Rewards account transaction functionality that you may have access to.

Third party access to your information and data

If you choose to use the Staff and Third Party Access facility, you may grant online access to certain individuals nominated by you to some or all of your farm management data held by us, and online access to all any of the following (as you choose): Farm Business, Farm Store, Farm Rewards and Farm Source Jobs, and On Farm, My Co-op, and Monthly Plant Check apps.

You are solely responsible for your use of this facility, for any use of this facility which uses your Username and Password, and for any data access provided by us in accordance with your use of the Staff and Third Party Access facility.

Where you use the Staff and Third Party Access facility to grant access to third parties (“Third Party User”), you agree that:

  • Fonterra will provide each Third Party User with a Username. You are responsible for ensuring that the correct Username is specified for each Third Party User you intend to allow access to your information or data.
  • Fonterra will not be responsible for any harm caused to you or others as a result of any access to your information or data by any Third Party User due to incorrect provision by you of a Third Party User’s Username.
  • You are responsible for granting a Third Party User you nominate access to each page on the Site.
  • You may be able to change or remove the access rights of Third Party Users granted by other Users in respect of your information or data. Other Users who are authorised to use the Third Party Access facility in respect of your information and data may change or remove the access rights which you granted to your Third Party User.
  • Fonterra has no responsibility for your use of the Third Party Access facility, or the use of the facility by any other User authorised to use the facility in respect of your information and data.
  • Fonterra will not be responsible for any harm caused to you or others by you or others allowing a Third Party User to view your information or data, or for any amendments made by a Third Party User to your information or data where you, or another User, have allowed a Third Party User access to a page that allows for the amendment or updating of information or data.

From time to time, we may rename, update, rearrange or otherwise change the web pages within the Site which manage and display your farm management data. In these circumstances we will endeavour to ensure that all relevant links remain current and that the data will continue to be available to you and to any third parties nominated by you through the Staff and Third Party Access facility. However, we do not warrant that the relevant functions will be uninterrupted or error-free and the exclusions of warranties and limitation of liability set out in these Terms will apply.

Unauthorised use and unauthorised disclosure of your password

You agree to:

  • effect and maintain security measures to prevent (i) third parties gaining access to, and/or using, the Site using your Username or Password, (ii) any other interference with the Site (such access, use, interference referred to in this Agreement as "Unauthorised Use") and (iii) any loss or damage arising from Unauthorised Use;
  • notify us immediately if you become aware of any Unauthorised Use and, at your cost, take any action which is necessary or which we may require to prevent any further Unauthorised Use occurring and make good any damage arising from any Unauthorised Use; and
  • advise us immediately of any unauthorised disclosure of your Username or Password.

In addition to the Privacy Policy, you further agree that we may, for the purpose of providing the services and information on this Site to you, make use of any information about you or your business or personal affairs which are made known to us through our relationship with you whether through the use of the Site or otherwise.

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