Website Terms of Use

Updated 16 Sep 2020

Welcome to the New Zealand Farm Source website and thank you for taking the time to read these website Terms and Conditions of Use (“Terms”) which apply with respect to your use of the website and our products and services. It is important that you read these terms and conditions carefully because by using our website, you will be deemed to have accepted these Terms.

If you need to refer to them again they can be accessed from the link at the bottom of any page of our website.

1. General

New Zealand Farm Source is the owner and publisher of the content contained in this website (referred to as "our", "us" or "we").

As a user of this website (referred to as "you" or "your"), you are subject to these Terms, our Privacy Statement, our Returns Policy, our Online Sales Terms and Conditions, and any other laws or regulations which apply to this website. If you do not accept these Terms, you must refrain from using this website.

Any reference to "website" means the whole or any part of the web pages located at this URL or domain (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content).

Any reference to "User Assist" means the function used by our helpline, (or personnel,) which is available to assist with any queries or changes to your website account settings, including Third Party Access (see paragraph 15).

You agree to ensure that anyone who uses our website and/or our products and services through your user account (irrespective of whether such person does so with your permission or otherwise) will comply with these Terms, and that you are fully responsible for all use of the website that occurs via your user account or any Third Party Access authorised by you.

We reserve the right to amend these Terms from time to time at our discretion and without notice to you. Such revisions will be effective immediately upon publication on this website. Your continued use of this website after such publication will represent an agreement by you to be bound by the Terms as amended. You should therefore periodically visit this page to determine the current Terms.

We may, from time to time, make changes to any element of this website without notice to you, including (without limitation) adding or removing information, products or services, functionality, format, or content from this website, and we may terminate your access to this website at any time without notice. Where your access to this website is terminated, all disclaimers and limitations of liability set out in these Terms will survive.

2. Contract formation

The information contained on this website constitutes an invitation to treat and not an offer to supply goods 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 in accordance with 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 judgement, to have been placed fraudulently or in an effort to supply trade re-sale.

3. Information/Content

The information contained on this website is intended for general information only. While we endeavour to ensure that information on the website is correct, sometimes errors or inaccuracies do occur, for which we apologise.

Any information, advice or data provided by calculators, estimators, or other tools on the website (“Tools”) are based on your data and other information you provide, and are not intended to be a substitute for your own judgment or any advice provided by your own consultants or experts. Any assumptions used and figures generated are for purposes of general illustration and reference only. All Tools are 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 make no representations or warranties as to whether information, advice or data provided by the Tools, or otherwise on the website, is accurate correct, reliable, adequate, or suitable for purpose or complete, including the interpretation of any laws or regulations upon which the Tools are based. We do not accept any liability, direct or indirect, for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission whether negligent or otherwise, contained on this website. You are solely responsible for the actions you take in reliance on the content on, or accessed, through this website.

To the extent permitted by New Zealand law, we make no warranties in relation to the merchantability, fitness for purpose, freedom from computer virus, accuracy or availability of this website or any other website. This website is controlled and operated by us, from offices within New Zealand.

The information contained on this website, relating to the products and the sale of the products through this website, has been prepared in accordance with New Zealand law and may not satisfy the laws of any other country. We make no representations or warranties as to whether or not the information or products available from this website are appropriate or available for use in other countries. If you choose to access this website from outside New Zealand you are responsible for compliance with applicable local law.

4. Use of this website

You agree that you will not:
a. use the website and/or our products and services for any unlawful or unauthorised purpose;

b. take any action which may disrupt access to, cause damage to, or interfere with the proper operation of the website, including any action that may result in the introduction of any viruses, trojan-horse type programs, malware or any other material which is malicious or technologically harmful;

c. create a link to the website from any other website or source without our prior written consent;

d. use the website other than as specifically permitted by these Terms; or

e. use the website and/or its contents for commercial use.

5. Prices, Products and Services

All prices on this website 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.

The information in this website has been published by New Zealand Farm Source upon the basis that relevant stores, will offer the goods for sale until a specified date or until sold, whichever first occurs, at no greater than the advertised prices, GST-inclusive.
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.

6. Intellectual Property

This website, its contents, and all intellectual property rights, including graphics, logos, trademarks, design, text, icons, the arrangement of them, sound recordings and all software and codes relating to this website (excluding third party materials), are owned by us, or in some cases, a related body corporate or third party, and unless stated, is copyright. These intellectual property rights are protected by New Zealand and international laws.

You may view our website and its contents for personal and non-commercial use only, and as such this is subject to copyright law and the Copyright Act 1994. You may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or source or create any derivative works from any part of this website or commercialise any information obtained from any part of this website without our prior written permission or, in the case of third party material (including third party data), from the owner of the copyright in that material.

Nothing contained in this website is to be interpreted as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any person, company or entity. We make no representations or warranties that your use of the information on this website will not infringe such intellectual property rights.

We acknowledge and agree that you own the intellectual property rights in, and are solely responsible for the legality, reliability, integrity, accuracy and quality of any data inputted by you or any third parties nominated by you to this website.

You acknowledge that we either own, or have the right to use, all anonymized data and aggregated data and other materials available on or generated by this website.

7. Other Websites

Please note that although this website may have some hyperlinks to other third party websites, these sites have not been prepared by us and are not under our control. These links are provided for convenience only and may not remain current nor maintained. We should not be construed as endorsing, approving, recommending or giving preference to these third parties or their websites, or any information, products or services referred to on those third party websites unless expressly stated. You link to these websites at your own risk and should make your own enquiries as to the privacy policies of these third parties. We are not responsible for information on, or the privacy practices of, such websites. We are not responsible for the availability of any of these links.

8. Secure Data

Given the nature of the internet, we cannot guarantee that any data transmission or storage is totally secure. Whilst we take precautions to protect information, we do not warrant and cannot ensure the security of any information you transmit to us. You therefore transmit to this website at your own risk. However, once we receive your transmission, we will take reasonable steps to preserve its security. If you become aware of any problems with the security of the data or the website, please contact us immediately by email at nzfss.customerservice@fonterra.com.

9. Viruses

Given the nature of the internet, we cannot guarantee that this website is free from viruses, fault or other conditions which could damage or interfere with your computer systems, and
we do not warrant that your access to this website will be uninterrupted, error free or that any defects will be corrected. You assume the risk of any damage to your property as a result of using this website, and to the maximum extent permitted by law, we disclaim all liability for any errors, omissions and faults.
You must take your own precautions to ensure that the process which you use for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.

10. Cookies

We use a cookie file containing information that can identify the computer you are working from. The cookie file is anonymous as it only gives us details of your IP address, PC platform (Windows, NT or Mac), browser (e.g. Microsoft, Netscape or other, plus the version of Browser) and domain (whether you are accessing the site from NZ or elsewhere).
You can choose to refuse cookies by turning them off in your browser and/or deleting them from your hard drive.

11. Privacy Statement

We are committed to protecting your privacy. We recognise that your personal information is confidential, and we understand that it is important for you to know how we treat your personal information. By using the website, you permit us to collect, hold, process, use and share your personal information in accordance with our Privacy Statement. Please read our Privacy Statement for more information on this.
If you need to refer to the Privacy Statement again it can be accessed from the separate link at the bottom of any page of our website.

12. Our Use of Your Information and Material

We appreciate any suggestions ("unsolicited ideas") you may have regarding ways in which this website may be improved or materials which we may add to this website. Any unsolicited ideas that you submit to us will not be regarded as confidential and will become our property. We may use, reproduce, disclose, publish, modify, adapt and transmit any unsolicited ideas to others, without restriction or any obligation to compensate you.

You acknowledge and agree that we can collect, store, and use information provided by you, provided it is not classified as personal information (as described in the Privacy Act 1993) (“Data”) as set out below:
a. for our business purposes;

b. meeting our legal obligations;

c. responding to enquiries from regulatory authorities;

d. to provide the website and/or our products and services to you, including (without limitation) to facilitate your compliance with your legal and regulatory farm management obligations;

e. to create anonymized versions of your Data and then aggregate this anonymized data with third party data;

f. for our own business, research, statistical and other purposes relating to the dairy industry;

g. to contact you about products and services that you may be interested in; and

h. as otherwise expressly permitted by you.

You agree that we can use your Data and disclose that Data to approved auditors (including, without limit, QCONZ and AsureQuality), our related companies, our third party service providers, and any other third parties (including, without limitation, vets, Agrigate Solutions Limited Partnership and Agrigate GP Limited) for the purposes set out in (a) to (h) above.

Fonterra will not, however, disclose any of your Data that is specific to your farm to any regulatory agency unless:
a. you have provided further instructions to Fonterra to allow this information to be disclosed;

b. there is an animal health and welfare, environmental, or food safety and quality issue that, in Fonterra’s opinion, creates a reputational risk for Fonterra;

c. Fonterra is legally required to provide this information; or

d. such information is aggregated and/or anonymised such that it is not able to identify you or your farm.

Fonterra may anonymise and/or aggregate your Data with other records and data that it holds, and use such aggregated data for the purposes set out in paragraph 12 above.

13. Disclaimer

We make no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products (including third party information) included on this website or to its availability, functionality or performance, except as otherwise provided under any applicable law.

We do not, nor do our officers, employees, agents and other representatives accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside our control), which you may directly or indirectly suffer in connection with your, or any Third Party User's (see paragraph 15 below), use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of such use of, or reliance on, information contained on, or accessed through, this website. To the maximum extent permitted by law, we disclaim any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website or the information that it contains.

The use of the information on this website is at your own risk. To the extent permitted by law, we exclude all liability of us, our officers, employees, agents and other representatives in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this website, or provided through this website through email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third-party claims. If any liability is not able to be excluded by law, we limit our liability to the re-supply of the relevant information or services.

You agree to indemnify us, our officers, employees, shareholders, agents and other persons involved in the creation of this website from all damages, losses, penalties, fines, claims, expenses and costs (including legal costs) which arise out of or relate to your or any Third Party User's use of this website, breach of these Terms, any information that you provide to us via this website, or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Fair Trading Act 1986.

14. Security of 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 this website.

If you have a direct Farm Source account, such as a farm owner, sharemilker or store account holder ("First Party User") and you share your username and password in breach of these Terms with anyone they will also be able to access and change your Farm Source account, including not just your farm data but any Store and Rewards account transaction functionality that you may have access to.

You agree to: (a) effect and maintain security measures to prevent: (i) third parties gaining access to and/or using the website, or your username or password; and (ii) any other interference with the website, (together "Unauthorised Use"); and (iii) any loss or damage arising from Unauthorised Use; (b) 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 (c) advise us immediately of any unauthorised disclosure of your username or password.

15. Providing Third party user access to your account

If you are a First Party User and you choose to use the Staff and Third Party Access facility (“Third Party Access”), 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 of the services provided by this website. 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 and rights provided by us in accordance with your use of the Third Party Access facility.

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

a. 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;

b. 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;

c. you are responsible for granting a Third Party User you nominate access to each page on the website;

d. subject to the restrictions set out in these Terms, you must expressly agree with the Third Party User, the purpose for which the Third Party User is entitled to use your information and data that it will have access to (the "Approved Purpose").

e. 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;

f. Fonterra has no responsibility for your use of the Third Party Access facility, or the use of the facility by any other user, including User Assist, authorised to use the facility in respect of your information and data; and

g. Fonterra will not be responsible for any harm caused to you or others by you or others allowing a Third Party User to access your information or data, or for any amendments or submissions made by a Third Party User to your information or data where you, or another user (including User Assist), have allowed a Third Party User access to a page that allows for the use, amendment or updating of information or data. Without limitation, this means that Fonterra will not be responsible for any actions taken by Third Party Users, including changes or submissions made by such Third Party Users to change milk cheque shares or make fixed milk price offers, where the Third Party User has been given access to the applicable sections of your account.

16. Third Party Users 

If you are a Third Party User, you must not:

a. use or access the information, data or other services available via your Third Party Access, other than in accordance with the Approved Purpose and these Terms;

b. access or attempt to access information, data or other services which have not been authorised by the applicable First Party User;

c. continue to use or access the information, data or other services following completion, termination or abandonment of the Approved Purpose;

d. other than as permitted under these Terms, copy, modify, aggregate, translate, reverse engineer, decompile or (as applicable) otherwise attempt to extract the source code of the website application(s), the data or information available on the website or any part of those items;

e. aggregate information or data from multiple First Party Users unless authorised in writing by us and by each applicable First Party User;

f. damage, disrupt or interfere with our applications or systems or the software or systems used by our licensors;

g. access or use the website including the information and data available on the website, in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights or rights of privacy;

h. share, sell or transfer the data or information and/or any access credentials to any other party, other than as permitted under these Terms;

i. introduce into our systems or any systems used by our third-party suppliers, any malicious software or other computer software or programming code that could disrupt, impair, disable or otherwise adversely affect, shut down all or any part of the website, our systems or any systems used by our third-party suppliers;

j. use our branding, trademarks or logos without our prior written consent; or

k. do anything to incur any liability on us, or (in our opinion) harm our reputation or otherwise bring our brands into disrepute.

You acknowledge that the data and information available may be incorrect, duplicated, incomplete, or misleading. You must not make, or allow to be made, any representations to any other party that such data or information is reliable without further validation. You indemnify us for any claims made against us as a result of any such representation being made by or on your behalf.

You must not transfer, assign or sub-contract any of your rights or obligations under these Terms without our prior written consent. You remain liable for the performance of your obligations under these Terms despite any approved sub-contracting, assignment, or transfer. A change in your ownership is considered an assignment or transfer of these Terms.

If your employees, contractors or agents access or use the information or data obtained from this website on your behalf, you must ensure that your employees, agents and sub-contractors are aware of and comply with these Terms. You will be liable for all acts and omissions of any person who accesses the information or data on your behalf, or who accesses information or data using your access credentials.

We reserve the right to track your use of the website and the information and data contained on the website. In the event that we become aware of any breach, or suspected breach, of these Terms, we may (at our sole discretion), disable your user account to access the website and demand the immediate return or destruction of any data or information obtained from the website that is in your control. Any such action will be without prejudice to any other rights and remedies that we may have against you under these Terms or at law.

17. Farm Source Community

The Farm Source community page is a place for you (including 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, hate speech; degrading content; false statements and claims, personal attacks or discriminate against others, inflammatory religious or racial content, confidential information relating to other users, spam links, are harmful to children, reference a third party page or website including posting a link (unless we’ve agreed to it beforehand), endorse or proclaim any illegal activity, or use the page to promote personal causes, charities or business activities.

We reserve the right to remove any comments or posts that breach 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 have been breached.

By making any contribution to the Farm Source community - including comments, photos or videos – you are granting us permission to re-use 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 messages to the Farm Source community admin or email NZfarmsource@fonterra.com with any questions or concerns.

18. Farm Source Jobs

The Farm Source Jobs page (“Farm Source Jobs”), which is available through this website 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 the benefit of Fonterra.

You agree to comply with all applicable laws and regulations in placing your advertisement on Farm Source Jobs, including, but not limited to, New Zealand Employment Law and the Human Rights Act.

The Farm Source Jobs site may only be used to place 'situations vacant' or 'work wanted' advertisements. Without limiting the foregoing, it may not be used as a place to comment on any employer, applicant or position advertised.

Fonterra may, but is not obliged to, review any advertisement and reserves the right to edit any part of, or remove, any advertisement for any reason, without notice to you.

Fonterra may collect, store, use and disclose the information, including personal information, provided by you in advertisements on Farm Source Jobs for its own business, research, statistical and other purposes relating to the dairy industry and may provide that information, in any form, to third partied for these purposes. The Privacy Statement referred to below applies to any personal information provided.

19. Alerts

An optional alert service that enables you to receive pre-determined account information electronically (including, but not limited to via email, text, or other electronic messaging services) (“Alerts”) may be available for your user account and is subject to the following terms:

a. you consent to receiving Alerts that are not encrypted and might include personal or confidential information about you or your farm;

b. you are solely responsible for ensuring that your receipt of Alerts (whether via a computer or mobile device) is adequately secure;

c. we are not liable for the accuracy of the information you supply to us when setting up, changing or deleting your Alerts or for any unavailability or malfunction of any Alert service. This includes the sending of Alerts to email addresses or mobile phone numbers incorrectly entered or otherwise provided by you. We are not liable for any internal or external use that you or anyone else may make of any data or information provided through or in relation to Alerts;

d. you acknowledge that Alerts will be based on your data and other information you provide and that Alerts are not intended to be a substitute for your own judgment or any advice provided by your own advisors or experts. Accordingly, you agree that we are not responsible for the accuracy, correctness, reliability or adequacy of any data or information provided through or in relation to Alerts;

e. you agree to promptly tell us about any error or discrepancy relating to Alerts or any information provided by Alerts. You also agree to immediately tell us about any unauthorised access to, or activity on, your user account that you become aware of through Alerts;

f. we can, from time to time, change the form and content of the Alerts without telling you first;

g. we may suspend or cancel your access to Alerts and we will use reasonable efforts to contact you first except where we are prevented from doing so for reasons beyond our control; and

h. you can cancel your use of Alerts at any time by updating your user account settings on the website.

20. Consumer Guarantees Act

Nothing in these Terms is intended to avoid the provisions of the New Zealand Consumer Guarantees Act 1993 ("CGA") except to the extent permitted by the CGA or to exclude liability arising under any other statute. If and to the extent that such liability cannot be lawfully excluded, these Terms shall be modified to the extent necessary to give effect to the above intention. If you are acquiring goods or services from us for the purposes of a business, you agree that the guarantees provided in the CGA shall not apply. We do not provide any express guarantees (as that term is defined in the CGA) other than those expressly confirmed in these Terms.

21. Electronic Transactions Act

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 Contracts and Commercial Law Act 2017, Part 4 (Electronic Transactions). You consent to receiving electronic messages and information sent by us (or on our behalf) for any purposes described in our Privacy Statement. 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.

22. Applicable laws

This website and these Terms shall be governed by, and construed in accordance with, the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to this website or these Terms. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand and agree that the courts of New Zealand are a convenient forum in which to resolve any dispute arising in relation to this website or these Terms.

23. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms, which will continue in full force and effect.

24. Third party rights

The rights and obligations of Fonterra under these Terms apply to the benefit of, and are enforceable by, our related companies under the Contract and Commercial Law Act 2017, Part 2, Subpart 1 (and its successive legislation).

25. Closing your account

You can cease using this website and our products and services at any time, however, this will not have the effect of closing your user account or deleting your data. You will remain responsible for your data and any activity through your user account.

 

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