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Website

These Terms of Use are important and govern your use of the website at www.foodtechnology.co.nz (“Website”). The Website is owned and operated by Hayley Media Limited. By accessing and using the Website, by signing up for a newsletter on the Website, by signing up for digital or print subscriptions of NZ Food Technology News, placing a directory listing or other form of advertisement or by signing up for a user account on the Website, you agree to be bound by these Terms of Use. We reserve the right to change these Terms of Use at any time without notice and your continued use of the Website following any such change will be confirmation of your acceptance of the changes.

Privacy Policy

The Privacy Policy is incorporated into and forms part of these Terms of Use. Click here to refer to the Privacy Policy.

Content

We own all right, title and interest (including present and future copyright) in the Website and NZ Food Technology News publications and newsletter. All material including domain names, company or business names, logos, text, graphics, images, photographs, designs, illustrations, diagrams, buttons, icons, software, and all products and services described on the Website, any newsletter or print or digital edition of NZ Food Technology News (“Content”) are owned exclusively by us, our related bodies corporate or others who have licensed their material to us (unless expressly indicated otherwise). You have no right to use the Content other than as expressly set out in these Terms of Use and we reserve all rights to enforce such rights as we may have in the Content.

Your use of Website

You are granted a non-exclusive, non-assignable and non-transferable licence to use this Website only in accordance with these Terms of Use. You may use the Website and view and access the Content only for your personal and non-commercial use. Nothing in these Terms of Use or the Website will grant you ownership of the Content (including intellectual property rights in it). You may not sell, modify, copy, distribute, transmit, display, perform, reproduce, republish, licence, frame, upload, transmit, post, communicate or use the Content except:

• as expressly authorised either in the Website or these Terms of Use; or
• as authorised in writing by us.

You must not use any so-called ‘spider’ or similar automated software or device to use or access the Website or the Content in any way.

Subscriptions:

Where we take your subscription via the Website:

• All subscriptions require payment in advance of commencement.
• All subscription amounts are in New Zealand Dollars, (unless stated otherwise) inclusive of GST and where a physical copy is of NZ Food Technology News is being supplied also (unless stated otherwise) inclusive of postage.
• You need to be aware that our subscriptions are non-refundable. That means that you will be entitled to receive your subscription for the full duration of the subscription that you sign up for and we have no duty to refund any of your subscription to you should you decide to cancel your subscription early.
• You must supply us with your correct address. Any error made by you is your responsibility and we are not liable for the consequences of such an error.
• It will be your responsibility to keep your contact details up to date and if you change your address or contact details you need to advise us at least 6 weeks prior to ensure that if you are receiving a print copy of NZ Food Technology News that it is delivered to the correct address. We will have no further liability in relation to any such misdirected delivery if you do not advise us by this time.
• If you do not receive your print copy of NZ Food Technology News and you have supplied correct delivery details then you have one month from the date it was due to be delivered to you to claim it from us or you will be deemed to have received it. Provided that your claim is made within the one month timeframe then we will arrange for a replacement copy to be sent to you and if this isn’t suitable or possible we will extend your subscription by that missed issue.
• Hayley Media Limited reserves the right to vary our publication prices from time to time and any price adjustments will be advised by letter or within the publications. Generally, at least 1 month’s notice will be given of any price adjustment and new prices will not apply to you until your next subscription cycle.

Advertising with us:

Where we accept directory listings or other advertising via the Website:

• Payment will unless otherwise agreed be made by credit card at the time the advertisement is purchased.
• All advertising rates are in New Zealand Dollars. Unless otherwise stated all advertising rates are quoted exclusive of GST (unless stated otherwise) and you will be responsible for paying GST in addition to the quoted rates.
• By submitting or authorising submission of an advertisement for publication on the Website or in the printed copy of NZ Food Technology News you indemnify Hayley Media Limited (and its employees and agents) against any proceedings, demands, costs (including actual legal costs), damages and liabilities incurred by Hayley Media Limited (and or its employees and agents) in connection with the advertisement.
• Proofs must be supplied on material requiring typesetting on or before an agreed deadline. Material received after deadline will be checked by Hayley Media Limited from the original copy. No responsibility can be accepted for any loss arising from failure of all or part of an advertisement to appear or for any error in an advertisement. No guarantee can be given for the accuracy in setting handwritten copy or for the quality of reproduction from unsuitable illustration material and we will not be liable for any error or inaccuracy with such copy or illustration material.
• Hayley Media Limited may in its discretion without notice to you alter or abbreviate any advertisement or insert the word “advertisement” “promotion” “advertorial” or similar above or below any advertisement; or (b) at any time and without notice to you cancel, reject or refuse to publish your advertisement provided that such right is exercised reasonably and your only remedy will be the refund of the balance of any amount already paid by you for the particular advertisement not published.
• Any credit provided to you will be on Hayley Media Limited’s then standard credit terms which may vary from time to time.
• You may be charged an additional credit card transaction fee plus GST when you place your advertisement with us.
• Hayley Media Limited will endeavor to grant you the environment/positioning that you request for your advertisement however we do not guarantee that you will be the only product or service of that type featured on the Website or in the print version of NZ Food Technology News. We will not be liable if your request cannot be granted in relation to environment/positioning of your advertisement. Our decision in relation to where your advertisement is placed on the Website or in NZ Food Technology News is final.

Payments

In order to make any credit card or online payment you must have the specific authority of the credit card or online payment account holder. Credit card details and payment will be processed by DPS/Payment Express who are a 3rd party engaged by us to provide this service on their website.

You agree that you are over the age of 18 years or if you are not 18 years of age that you have parental consent to subscribe to the magazine and/or place advertisements with us to make this purchase.

Any expenses, costs or disbursements incurred by Hayley Media Limited in recovering any outstanding payment (including but not limited to debt collection agency fees or actual legal fees on a solicitor/client basis) shall be recoverable from you.

If you default on any payment due to us, we will be entitled to charge you penalty interest at our discretion at the rate of 2% per month or part moth overdue and recharge the outstanding amount including penalty interest to your credit card until any outstanding amount is cleared.

We may also suspend your subscription or any advertising placed by with us should any payment be overdue, until the overdue amount is paid in full (including any penalty interest and costs in relation to the suspension or recovery of the overdue amount). Hayley Media Limited will not be liable to you (or any other person) for losses arising during the suspension of the service.

User Materials

By submitting any material including but not limited to advertisements and listings (“User Materials”) to any areas of this Website, you automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive, transferable right and licence to use the User Materials in any manner and in all media (whether now known or later devised) throughout the world in perpetuity. This includes the right to edit, adapt, modify, change, add to and detract from the User Materials and to use the User Materials for any purpose including commercial purposes. We also reserve the right to edit, refuse to post or remove User Materials submitted by you in our sole discretion and without notice to you with no liability to you whatsoever arising out of the removal of such User Material.

In respect to User Materials submitted by you, you warrant that:

• you are the owner throughout the world in perpetuity of all right, title and interest (including present and future copyright) in the User Materials;
• any and all constituent elements including but not limited to ideas, performances, literary, artistic and musical materials that make up the User Materials will not contravene any laws or rights of third parties (including any law relating to copyright, passing-off, defamation, contempt of court, sub judice, privacy or confidence);
• the User materials will not be, or be likely to be, misleading or deceptive or otherwise infringe the Fair Trading Act 1986 or any other stature, regulation or rule of law.
• you are entitled to submit the User Materials and you have not made any contract or commitment in contravention with the rights granted to us under these Terms of Use.

If you have any moral rights (or similar rights) in respect of User Materials submitted by you, you consent to us using the User Materials from time to time in any way we wish (even if that use is contrary to your moral rights) including making material alterations to them and exploiting them with or without attribution. Where and to the maximum extent permitted by law, you waive your moral rights in perpetuity.

User Account

You may be required to create an account or subscribe (“User Account”) before you can access certain Content, or submit User Materials. You must provide complete and accurate information when creating a User Account. It is your obligation to ensure that any such information is current and complete. You cannot use another person’s User Account and must immediately notify us of unauthorised use of your User Account. We reserve the right to co-operate with any legal order, direction or request to disclose the identity or other information relating to anyone posting User Materials which violates any law.

Your Responsibilities

You may only use the Website for lawful purposes, in a responsible and co-operative manner, and in accordance with these Terms of Use. It is your responsibility to ensure that your use of the Website complies with the Terms of Use and to seek prior written permission from us for any uses not expressly permitted. We prohibit the use of the Website for any of the following:

• submitting User Materials that are unlawful, false, misleading or deceptive, harmful, threatening, abusive, harassing, sexually explicit, defamatory, vulgar, obscene, libellous, hateful, racially, ethnically or otherwise objectionable or invasive of another’s right of privacy;
• impersonating any person or entity or to falsely state or to otherwise misrepresent your affiliation with a person or entity;
• submitting User Materials that you do not have a right to reproduce, display or transmit or that infringe the rights of any person or entity;
• submitting User Materials that contains a virus or corrupted data;
• posting, uploading or transmitting any form of spam, junk mail, chain letters, pyramid schemes or any other form of unauthorized or unsolicited advertising or promotional materials;
• using any device, software or routine that interferes with or attempts to interfere with the proper functionality of the Website;
• attempting to decipher, decompile, disassemble or reverse engineer any of the software that makes up the Website or the Content or for the purpose of creating derivative works from the Website;
• attempting to create an unauthorised database (electronic or otherwise) that includes material from the Website or the Content; and
• unauthorised transmission or recirculation of the Website or Content.

Competitions

The Website may from time to time run competitions, prize draws and other promotions and offers on the site. These will be subject to additional terms and conditions which will be made known to you.

Links

The Website may contain links or other connections to websites operated by parties other than us (“Links”). These Links are provided for convenience only. If you use a Link to access a third party website, you do so entirely at your own risk. Our inclusion of Links or other connections to third party websites does not imply any endorsement of the material on them or any association with their owners or operators. Websites accessed via Links may contain advertisements by other people. These advertisements are not recommendations or endorsements by us and we are not responsible for the products and/or services being advertised.

Disclaimer and limitation of liability

To the fullest extent permitted by law, we hereby exclude all conditions and warranties (express and implied) of any kind. We do not warrant that the functions contained in any Content or your access to this Website will be uninterrupted or error-free; that any defects will be corrected; or that this Website, any Content or the server which stores and transmits Content to you are free of viruses or any other harmful components. Where we are supplying a service to you such as a providing a subscription or placing advertising on your behalf on the Website or in our print publication the liability of Hayley Media Limited for any breach of a term or condition of these Terms of Use, whether implied by law or otherwise is limited, at Hayley Media Limited’s option, to the supply of the service (or part thereof) again or the payment for the cost of having the service (or part thereof) supplied again.

We do not warrant or make any representation regarding your access to, or the results of your access to, this Website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.

We also do not endorse any User Materials or any opinion, recommendation or advice contained in them and we accept no responsibility for the content of any such User Materials (including without limitation any error, omission or inaccuracy contained in them).

Under no circumstances (including without limitation, any act or omission on our part) will we (or our affiliates) be liable for any indirect, incidental, special and/or consequential damages or loss whatsoever which results from any use of or access to, or any inability to use or access, this Website, any Content, or any User Materials.

Where you are given the opportunity on the Website to enter into agreements with third parties, we are not liable for and we take no responsibility for any contract entered into by you with any third party.

Certain laws may not allow the exclusion of some conditions and warranties and in that case some of the above exclusions may not apply to you if and to the extent they are not permitted by law.

Indemnity

You agree to indemnify us and our officers, directors, agents and affiliates from and against all claims, liabilities, costs and expenses (including legal costs on a full indemnity basis) resulting from your failure to comply with these Terms of Use.

Termination

We may (in our sole discretion and without prior notice to you) terminate your licence to access the Website and the Content, and to submit User Materials, if you breach these Terms of Use.

Applicable Law

This Website is controlled from our offices in New Zealand. We make no representation that the Content in this Website is appropriate or available for use in other locations. Those who choose to access this Website from locations outside New Zealand do so at their own initiative and are responsible for complying with local laws.

These Terms of Use will be governed by and construed in accordance with the laws of New Zealand. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New Zealand. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms of Use which will continue in full force and effect.