Terms & Conditions
1. Application of Terms and Conditions
Welcome to the Zespri® website (“Website”). This Website is owned and operated by Zespri International Limited ("Zespri”) from Tauranga, New Zealand for your legitimate personal and business purposes and information. Your use of this Website is subject to the following terms and conditions (“Terms and Conditions”) and all applicable laws. Zespri may update the terms applicable to this Website from time to time, and you agree to be bound by such terms as are in effect at the time at which you access the Zespri® Website. If you do not agree with any of the terms, please do not use this Website.
2. Restrictions on use of the Website
You agree that you will not (nor permit any other person to) use the Website, including the information provided on it, in any way which (i) breaches any laws, regulations, standards or codes, or infringes a third party's rights or privacy; (ii) is fraudulent, threatening, abusive, libellous, defamatory, obscene, vulgar, profane, indecent, harassing, rude or offensive; or (iii) introduces or propagates viruses, spyware/bots, worms, trojan horses or any other disruptive or disabling features. You agree not to test the vulnerability of the Website or any network attached thereto, not to use the Website to gain unauthorised access to other computer systems or networks connected to the Website or tamper with, hinder the operation of, or make unauthorised modifications to, the Website.
3. Information on the Website
All material on this Website, including without limitation, text, images, graphics, layout, look-and-feel and any other information contained on or in this website (collectively, “Content”) is subject to copyright and other proprietary rights. This Website and all content are provided “as is” without warranty of any kind, whether express or implied. All implied warranties, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby expressly disclaimed. Zespri does not represent or warrant that Content or materials accessed from or through this Website will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected. Zespri does not warrant or make any representations regarding the use of Content (or results of such use) in terms of correctness, accuracy, timeliness, reliability, completeness or otherwise. Zespri reserves the right to correct, update, supplement or alter the information contained on this Website at any time without prior notice.
4. Collection of information from Users
If you provide any material to Zespri through the Website (including “personal information” within the meaning of the Privacy Act 1993) you assign your rights in that material to Zespri (to the extent applicable) and you consent to Zespri reproducing, using, disclosing, adapting or distributing that material or any ideas, concepts, know-how or techniques contained in that material, for marketing, research and development, and otherwise any lawful purpose and without limitation. Zespri reserves the right to monitor any and all information transmitted or received through the Website for operational and other purposes at any time. Zespri reserves the right at all times to disclose any information that may be posted on any portion of the Website as is necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in Zespri’s sole and absolute discretion are objectionable, detrimental to its interests, or in violation of these Terms and Conditions.
6. Links to other Websites
Links and references to other websites are provided to you as a convenience only. Any website you access from the Website is independent of Zespri. Zespri has no control over the content of any other website and does not make any representations about, and neither endorses nor accepts any responsibility for, the content, validity, accuracy, or use, of any other website. Any such websites may not follow the same privacy obligations as Zespri and those third parties are responsible for their own privacy practises. You should check the terms and conditions applicable to those websites before you use them.
7. Linking to this Website
You may not create hyperlinks or other internet links to this Website unless, before creating your hyperlink, you obtain the prior written consent of Zespri, accept these Terms and Conditions and any other terms and conditions that Zespri may reasonably require at the relevant time. To apply for permission please email email@example.com with details of your intent. Zespri may then provide you with its written consent.
8. Intellectual Property
Copyright and trademarks in all materials displayed or available on the Website are the property of Zespri or their respective owners. All rights to the Website, including rights in text, design, graphics, the selection and arrangement are reserved and no right or licence to any intellectual property is granted or implied, as a consequence of the publication of any material on the Website. Where the intellectual property of third parties has been used, including trademarks and logos, Zespri has obtained consent from these third parties for the use of their intellectual property on the Website. Unless otherwise stated, the reproduction or adaptation of any information from the Website, in part or whole by any means is prohibited without written permission from Zespri. You are permitted to copy textual material published by Zespri on the Website for your own non-commercial use only, provided you retain and display any copyright notice applying to the material. You are not permitted to incorporate anything from the Website in any other work, including, in particular, redistributing or publicising it for any commercial or other purpose.
9. Limitation of Liability
Use of the Website is at your own risk. Subject to any terms implied by law which cannot be excluded, Zespri shall not be responsible or liable, in contract, tort (including negligence), equity or otherwise for damages of any kind, including (without limitation) compensatory, direct, indirect, incidental, special, consequential or punitive damages, loss of data, income, savings or profit, loss of or damage to property, and claims of third parties, arising out of, or in connection with, your access to, or use of, the Website or any linked websites, or any Content.
10. Restriction of Access
Zespri may, in its sole discretion, restrict or prevent access to, or use of, the Website (or parts of the Website) without prior notice and for any reason. Restriction or prevention of access to or use of the Website shall not affect any right or relief to which Zespri may be entitled, at law or in equity.
Zespri systems are subject to logging and monitoring of system activities for information assurance purposes, to ensure compliance with legal requirements and to maintain cyber security and integrity of Zespri’s information systems and data. Monitoring of information and data stored on or transmitted via Zespri’s systems may be performed by authorised third parties.
The Website, Content and these Terms and Conditions are governed by the laws of New Zealand, and you irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand in determining any dispute. If you use the Website from outside New Zealand you are responsible for complying with any applicable laws (whether in your country of residence or New Zealand). Any Terms and Conditions that are either invalid or unenforceable will be struck out and the remaining Terms and Conditions will remain in force. Any failure by Zespri to act in relation to a breach of these Terms and Conditions does not waive Zespri’s right to act with respect to subsequent or similar breaches.