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Terms and Conditions

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.

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Use the old standby of pumpkin to make  a big pot of soup, and serve with fresh artisan bread.

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Follow up with the perfect winter crumble - apples, pears or add some frozen berries. Top with vanilla custard.

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Make a warming chicken casserole with sweet winter vegetables

Kai Finder
  Kai NZ Foods Limited
Company Registration 3461931
Address
19D Triton Drive, Albany
P O Box 34008 Birkenhead 0746
Auckland
0800 524 500
help@kai.co.nz
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