Terms and Conditions

This Website is operated by New Zealand Apples & Pears Inc ("NZAP", "we", "us" and like terms).

By accessing and browsing this website, including the Members pages where applicable, you agree to be bound by these Terms of Use.

1. MODIFICATION OF THESE TERMS

We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to the Website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

2. USE OF WEBSITE

2.1.

In using the Website, you agree that you will:

(a)

follow our instructions on using the Website and comply with any reasonable restrictions we impose, or directions we give;

(b)

use the Website in a lawful and responsible manner;

(c)

without limiting paragraph (b),

(i)	not distribute unsolicited electronic messages;
(ii)	not introduce anything harmful (such as viruses, worms or malware) to, or interfere in any other way with, anyone else's computer system, communications service or use of the internet or associated applications;
(iii)	not interfere with or inhibit any other person's use of the Website;
(iv)	not infringe any other person's rights, including their right to privacy, copyright or other intellectual property rights;
(v)	not use the Website in a way which is malicious, obscene, defamatory, offensive or which would or could constitute harassment; and
(vi)	comply with relevant legislation, including the Unsolicited Electronic Messages Act 2007 and the Crimes Act 1961.

2.2.

If the Website contains bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with other NZAP Members (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

2.3.

NZAP may, but shall not be obliged to, monitor the Communication Services. NZAP reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.

3. INTELLECTUAL PROPERTY

3.1.

All intellectual property rights in the Website and Website Materials is owned by, or licensed by the owner to, NZAP. You acknowledge that none of these intellectual property rights are transferred to you.

3.2.

You are granted a limited licence to use the Website Materials for research and educational purposes, and if you are a Member:

(a)	for the purposes of your New Zealand business; or
(b)	to support the New Zealand apple, pear and nashi industry.

3.3.

You may be able to post, upload, input or submit material to the Website ("Submitted Material"). By submitting any Submitted Material, you grant NZAP a royalty-free licence to use, copy, distribute, transmit, edit and publicly display your Submitted Material in connection with the operation of the Website, and to publish your name in connection with your Submitted Material.

3.4.

NZAP may, but shall not be obliged to, post or use your Submitted Material you may provide and may remove any Submitted Material at any time in its sole discretion.

3.5.

You warrant and represent that you own or otherwise control the intellectual property rights in your Submitted Material.

4. CONFIDENTIALITY OF WEBSITE MATERIALS

4.1.	The Website Materials in the Member pages are the confidential information of NZAP or its licensors.
4.2.	You may not disclose, distribute, copy, reproduce, make an adaptation of or issue to the public, for commercial gain or otherwise, any of the Website Materials in the Member pages except with the prior written consent of NZAP.

5. LOG-IN AND PASSWORDS

5.1.

Access to the Member pages is a benefit of Membership granted to the Member and persons authorised by the Member ("users").

5.2.

A Member must ensure that any user to whom NZAP grants access at the Member's request complies with these Terms, and shall be responsible for any user's non-compliance with these Terms.

5.3.

Each user granted access to the Member pages must keep his or her log-in and password, secret and secure. In particular, a user must not:

(a)	permit any other person to use his or her log-in; and
(b)	disclose, or provide to any other person, any information that may allow them to gain access to the user's log-in.

5.4.

A user, and the Member responsible for the user, is liable for anything done by a person using the user's log-in and password, whether or not that person was authorised by the user.

5.5.

A Member may request access for additional or new users by contacting NZAP.

5.6.

NZAP may in its sole discretion review the terms relating to access of any Member or category of Members to the Member pages at any time.

6. OPTIONAL TOOLS AND THIRD PARTY LINKS

6.1.	We may provide you with access to third-party tools through the Website.
6.2.	You acknowledge and agree that we do not monitor or have control over these third-party tools, and we provide access to such tools "as is" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.
6.3.	Links on the Website may direct you to third-party websites that may be relevant to the pipfruit industry.
6.4.	You acknowledge and agree that we provide these links to you only as a convenience and without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to any third-party materials or websites.

7. ERRORS, INACCURACIES AND OMISSIONS

Occasionally the Website Materials may contain typographical errors, inaccuracies or omissions. NZAP reserves the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Website is inaccurate at any time without prior notice.

8. WEBSITE AVAILABILITY

NZAP will use its reasonable endeavours to ensure the availability of the Website, subject to any downtime required for maintenance. However, NZAP shall have no liability arising from or relating to any system unavailability, or for any loss that is incurred as a result of the Website being unavailable or for the corruption of any data or information posted, uploaded, inputted or submitted to the Website.

9. DISCLAIMER AND LIMITATION OF LIABILITY

9.1

NZAP exercises reasonable care, skill and judgment in providing the Website Materials to you. However, NZAP does not give any warranty in relation to the Website Materials and shall have no liability (whether arising in contract, or in tort or otherwise) in respect of such Website Materials. You must exercise your own judgment as to whether or not to act on the Website Materials provided.

9.2

To the maximum extent permitted by law, NZAP excludes all warranties and representations, including the warranties of merchantability and fitness for purpose, in relation to the Website Materials and the Website.

9.3

NZAP will not be liable to you for any consequential loss or damage of any kind whether direct or indirect, including without limitation loss of profits, business, anticipated savings or any financial loss, arising out of or in any way connected to the Website or Website Materials or these Terms.

9.4

To the extent permitted by law, and subject to this clause 10, our liability to you is limited to:

(a)	$500 for any event or series of related events; and
(b)	A total of $2,000 in respect of all events in any 12-month period.

10. TERMINATION

Any actual or suspected breach or violation of these Terms may result in an immediate suspension of your access to the Member pages while we try to contact you to discuss the issue. If our discussions do not result in the problem being remedied to our satisfaction, we may terminate your access.

11. INDEMNIFICATION

You agree to indemnify NZAP from any loss, cost or expense (including reasonable solicitors’ fees) arising from or out of any claim or demand brought by a third party arising out of or due to your breach of these Terms, or your violation of any law or the rights of a third party.

12. PERSONAL INFORMATION

Our Privacy Statement applies to any personal information we hold about you.

13. GENERAL

13.1.	Waiver: If you or we fail to enforce our rights under these Terms, that will not prevent you or us from taking further action.
13.2.	Severability: If any clause, or part of a clause, in these Terms is found to be unfair or unenforceable, it will be severed from these Terms, and the remaining Terms will continue to apply.
13.3.	Governing law: New Zealand law applies to these Terms.
13.4.	Contact us: Questions about these Terms should be sent to info@applesandpears.nz.