1. Terms and Conditions:
Welcome to Kai NZ Foods Limited’s ("Kai”)
website. These terms and conditions of use ("Terms and Conditions”) apply to
your use of this website. By using this website, you are deemed to have read and
agree to be bound by these Terms and Conditions. If you do not accept these
Terms and Conditions, then you must refrain from using this website.
2. Further Terms:
As well as these Terms and Conditions, the
Privacy Policy also applies to your access to and use of this website. You
should ensure that you read the Privacy Policy in conjunction with these Terms
and Conditions. By accessing this website you are deemed to have read and agree
to be bound by the Privacy Policy as well as these Terms and Conditions. In
addition, if you wish to purchase any of the goods offered by Kai through this
website, you must ensure you read the Terms of Purchase as by purchasing any of
the goods offered by Kai through this website, you are deemed to have read and
agree to be bound by the Terms of Purchase.
3. Amendments:
Kai reserves the right to amend these Terms
and Conditions from time to time. Kai has no obligation to notify you of any
amendments. Amendments will be effective
immediately upon being placed on this website. Your continued use of this
website following such amendments being placed on this website will represent
an agreement by you to be bound by the Terms and Conditions as amended. Such
amendments may include replacing these Terms and Conditions with entirely new
Terms and Conditions.
4. Intellectual Property:
Unless otherwise stated, Kai is the owner or
licensee of all copyright, trademarks and other intellectual property rights relating
to this website and its contents. This includes without limitation all
intellectual property rights in respect of all text, graphics, logos, images
and software that are included in this website. Kai’s ownership of, or licensed
right to use, such intellectual property, is protected by both New Zealand and
international law.
5. Licence:
Kai grants you a limited licence ("Licence”)
for the purpose of accessing and making use of this website. Any contravention
by you of these Terms and Conditions or any other terms posted on this website
or notified to you by Kai which are intended to govern your use of this
website, terminates the Licence immediately. Under no circumstances, without
the prior written approval of Kai, may you adapt, reproduce, store, distribute,
print, display, publish or create derivative works from any part of this
website other than in accordance with the Licence. You shall not use any data
gathering and extraction tools or software to extract information from this
website. You shall not frame or utilize framing techniques to enclose any of
the contents of this website without Kai’s express prior permission. You may
not use any meta tags or other hidden text which incorporate Kai’s name or any
of its intellectual property including trademarks, without Kai’s express prior
permission. Using any information or content included on this website other
than in accordance with the terms of the Licence is strictly prohibited. You
agree to fully indemnify Kai for any loss or damage it may suffer in contract,
tort, equity, statute, regulation or otherwise, including without limitation
any economic loss, loss of turnover, profits, business or goodwill, whether
direct or consequential as a result of your breach of the Licence, including any
third party claims against Kai, its related parties, employees, contractors or
agents.
6. Proprietary Notices:
In the event that you are granted permission
by Kai to use this website or any portion of it or its content other than as
provided for by the Licence, subject to any contrary agreement you reach with
Kai, you must ensure that all copyright, trademark and other proprietary
notices contained in the content are retained.
7. Content:
While Kai has endeavoured to take all
reasonable and appropriate care in the preparation of the content of this
website and has no reason to believe that any information contained on this
website is inaccurate, Kai does not warrant the accuracy, adequacy, or
completeness of such information or that such information is error free. Kai
does not undertake to keep this website updated. Kai does not accept liability
for any loss or damage which may result either directly or indirectly from
reliance by you upon the accuracy or currency of information contained on this
website including without limitation where such loss or damage is a result of
or contributed to by the negligence of Kai.
8. Linked Websites:
This website may contain links to other
websites ("linked websites”). Those links are provided for convenience only and
may not remain current or be maintained. Kai is not responsible for the content
or privacy practices associated with linked websites. Our links with linked
websites should not be regarded as approval or as an endorsement, of those
linked websites, their operators or owners, or of any information, graphics,
materials, products or services referred to or contained on those linked
websites including further links contained on those linked websites, unless and
to the extent stipulated to the contrary on this website.
9. Links:
If you provide a link to this website you
agree that you will not use any Kai logo, trademark or other proprietary
graphic as part of such link without the express prior approval of Kai.
10. Accessing:
You must take your own precautions to ensure
that the process which you employ 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. Kai does not accept responsibility
for any interference or damage to your computer system which may arise in
connection with your use of this website or any linked website.
11. Exclusion of Warranty:
To the greatest extent permitted by law, in
relation to your access and use of this website, any condition or warranty
either express or which would otherwise be implied by law into these Terms and
Conditions is hereby excluded. If you are accessing and using this website for
the purposes of a business as defined in the Consumer Guarantees Act 1993, then
you agree that the provisions of that Act will not apply to your access and use
of this website.
12. Exclusion of Liability:
To the greatest extent permitted by law, under
no circumstances will Kai, its employees, contractors or agents be liable to
you in contract, tort, equity, statute, regulation or otherwise for any loss,
damage, costs, legal costs, professional and other expenses of any nature
whatsoever incurred or suffered by you or by any third party, whether direct or
consequential (including without limitation any economic loss or other loss of
turnover, profits, business or goodwill) arising out of any dispute or
contractual, tortious or other claims or proceedings made by or bought against
you which relate in any way to your access and use of the website or in respect
of any failure or omission on the part of Kai to comply with its obligations as
set out in these Terms and Conditions.
13. Limitation of Liability:
To the greatest extent permitted by law, in
the event that any limitation or provision contained in these Terms and
Conditions is held to be invalid or unenforceable for any reason and Kai
becomes liable for any loss or damage that would otherwise have been excluded,
Kai’s maximum liability in contract, tort, equity, statute, regulation or
otherwise for any loss, damage or injury directly or indirectly arising in
respect of your access and use of this website is to be limited
to $50 in New Zealand currency.
14. Jurisdiction:
This website is governed by and is to be
interpreted in accordance with the laws of New Zealand and in all matters
relating to or arising from your use of this website, you agree to submit to
the exclusive jurisdiction of the Courts of New Zealand.
15. Disputes:
In the event that you have a dispute in
respect of the content of this website or relating to or arising from your use
of this website you must immediately notify Kai in writing giving details of
the dispute. If Kai and yourself cannot resolve the dispute within fourteen
(14) days then to the greatest extent permitted at law the following procedure
will apply. The dispute will firstly be submitted to mediation by a mediator
agreed to by both yourself and Kai or, failing agreement, appointed by the
Arbitrators and Mediators Institute of New Zealand. If the matter is not
resolved by mediation within fourteen (14) days from there, (unless you are a
consumer as defined in the Consumer Guarantees Act 1993), the matter will be
submitted for arbitration by a single arbitrator to be appointed by the
Arbitrators and Mediators Institute of New Zealand in accordance with the
Arbitration Act 1996. Unless agreed otherwise by Kai, all such mediation and
arbitration proceedings shall take place at a venue in Auckland, New Zealand to
be chosen by Kai acting entirely at its own discretion. All costs in relation
to the staging of such proceedings (excluding for the avoidance of doubt any
awards which may be made) shall be borne equally by the parties unless
explicitly stipulated otherwise by the arbitrator or agreed otherwise by the
parties.
16. Failure to Comply:
Kai accepts no liability for any failure to
comply with these Terms and Conditions where such failure is due to
circumstances beyond its reasonable control.
17. Waiver:
If Kai waives any rights available to it under
these Terms and Conditions on one occasion, this does not mean that those
rights will automatically be waived on any other occasion.
18. Severability:
If any provision of these Terms and Conditions
is held to be invalid, void, unenforceable or illegal for any reason, such
provision shall be deemed to be severed from these Terms and Conditions and the
remaining provisions shall continue in full force.
19. Queries:
If you have any queries in regard to these
Terms and Conditions please don’t hesitate to contact us.