TERMS & CONDITIONS
General
Kāpiti is owned and operated by Fonterra.
Please read the Fonterra Co-operative Group Limited (“Fonterra”, “us”, “we”, or “our”) website (“Site”) terms and conditions (“Terms”). Fonterra may vary these Terms at any time. Using the Site after the Terms have changed means you accept the changed Terms. If you agree to be bound by these Terms you may use the Site, otherwise you should not.
The current version of the Terms will be maintained on the Site. This Site is operated and controlled from Fonterra’s offices in New Zealand. If you use this Site from outside New Zealand, you are responsible for complying with any applicable laws. These Terms will be interpreted in accordance with, and governed by, the laws of New Zealand and you and we irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand with respect to any dispute arising under, or in relation to, your use of the Site or these Terms. We also retain the right to bring proceedings in any other court of competent jurisdiction of our choice.
You may not create a link from any other website to any part of this Site, other than the homepage, without our prior express consent (which only we may grant or withhold). You may only link to the homepage with our prior express consent if you do so in a way that is fair, legal and does not damage our reputation of take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement where none exists. If you link to this Site it is at your own risk.
Intellectual Property
All intellectual property rights (including, without limitation, copyright and trade mark rights) in all materials displayed or available on this Site belongs to Fonterra unless otherwise stated. If the owner of any material published on this Site is not Fonterra, your rights in respect of that material will be as defined by the copyright owner of the material concerned.
Unless otherwise stated, you are permitted to copy text published by Fonterra on this Site for your own non-commercial use only, provided you retain and display any copyright notice applying to the material. Individual items may have more specific terms and conditions associated with them, in which case those terms and conditions will apply to that item in place of this general permission.
Except as set out above, all rights to the Site (including rights in text, graphics, selection, arrangement and overall website design) are reserved and no right or licence is granted or implied under any copyright, patent, trade mark or other intellectual property right of Fonterra or any other party as a consequence of the publication of any material on this Site. No material from this Site (except for media releases published in the Newsroom) may be reproduced, adapted or distributed, in whole or in part, or on any media without written permission (which includes email) from Fonterra.
Disclaimer
Fonterra endeavours to ensure that the information on this Site is accurate and current, but does not accept liability for any error or omission.
All warranties, whether express or implied, as to the accuracy or completeness of the information contained on this Site or in respect of any products or materials referred to on this Site are excluded to the fullest extent permitted by law.
Links on this Site may lead to other websites and some information on this Site may be provided by third parties. Fonterra accepts no responsibility for the currency or accuracy of such information. You should verify such information with those third parties directly.
While we try very hard to keep information and materials on the Site secure and confidential, we are not responsible for any breach of security which is out of our control. We do not warrant that the Site is completely secure.
Use of information supplied by you
All product or advertising suggestions or ideas, or other information communicated to Fonterra through this Site shall be treated as non-confidential and non-proprietary to you. All such information will become the exclusive property of Fonterra for any purpose whatsoever, commercial or otherwise, without notice or compensation to you.
Consumer Guarantees Act
If you are a business using this Site, then you agree that the provisions of the New Zealand Consumer Guarantees Act 1993 will not apply to your use of the Site or your reliance on the Site.
Fonterra’s liability
In no event will Fonterra be liable, in contract, tort (including negligence or breach of statutory duty) or otherwise for any:
- damages (direct, incidental, special, consequential, indirect or punitive) of any nature whatsoever;
- increased costs or expenses; or
- loss of profit, business, contracts, revenues or anticipated savings, arising out of or in connection with your use of (or inability to use) this Site, any linked website, or any material contained on them.
You agree that if we are held responsible for any damage or loss, Fonterra's total liability to you for all damages, losses, and causes of action (whether in tort, including but not limited to negligence, contract, or otherwise) will not exceed the amount paid by you, if any, for accessing this Site.
To the fullest extent permitted by law, we accept no responsibility for the compliance of this Site or the information contained in it with the laws of any country other than New Zealand. You agree to indemnify and keep us indemnified against all damages, costs, losses (including, without limitation, loss of profits) and expenses of any kind, whether direct or indirect, which arise from or in connection with your access or use of the Site, whether in tort, contract, equity or otherwise.
Privacy policy
At Fonterra we take your privacy seriously. This Privacy Policy sets out generally how we may gather, use, disclose and manage personal information via this Site.
Like many other organisations, Fonterra must comply with privacy legislation when dealing with personal information. We respect your privacy and comply with the Privacy Act 1993. You are entitled to access the personal information we hold about you, and request that we amend it if it is incorrect. If you have any questions about our privacy practices or wish to access or request correction to any personal information we hold about you, please refer to the end of this Privacy Policy for information on how to contact us.
Personal information means information or opinions about an individual whose identity is apparent or can reasonably be ascertained from the information.
Collection
Information you provide to us:
During the course of dealing with you, Fonterra may generally collect basic personal information about you, such as your name, address and contact details.
We may also request other specific information from you relating to the goods or services that you wish to obtain. If you choose to provide us with personal information via this Site or otherwise, this information will be collected and held by us and other permitted third party service providers as identified in this Privacy Policy.
Information collected automatically:
In order to assist with the performance of the Site cookies may be installed on your computer. Cookies are small text files that are placed on your computer by websites that you visit. Cookies are useful because they allow a website to recognise a user’s device. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site.
Most cookies we use on this Site collect information about how visitors use the Site, for instances which pages visitors go to most often. These cookies do not collect information that identifies a visitor. All information collected by these cookies is aggregated and therefore anonymous.
This Site also uses cookies to ensure that users of the Site are taken to their local version of the Site each time they visit. The information these cookie collect may be anonymised and they cannot track your browsing activity on other websites.
Most internet browsers give you the option to reject all cookies, accept all cookies, erase cookies stored on your computer or be notified before a cookie is stored on your computer. However, if you reject or erase the cookies referred to above some our Site features or services will not function properly or may not be fully available. Please refer to your internet browser instructions if you want to find out more about rejecting or erasing cookies.
Use and disclosure
Fonterra will hold and use any personal information collected for the purposes set out in this Privacy Policy, for any purpose disclosed at the time of collection or for related purposes. Generally we will only use or disclose your personal information as follows:
To provide the product or service you have requested or to answer your inquiry;
To third parties where we have retained those third parties to assist us to provide the products or services you have requested. For example, we have contracts with third parties to assist us with functions such as mail-outs;
To different entities within Fonterra, to enable the development and marketing of other products and services and to improve our customer service in general;
For direct marketing of products or services. If we contact you in this way without obtaining your prior consent, we will provide you with the opportunity to decline any further marketing communications;
As set out expressly in these Terms; or
Where otherwise legally permitted.
Fonterra Co-operative Group Limited is a company registered in New Zealand with our registered office being at 109 Fanshawe Street, Auckland, New Zealand.