Legal

  1. INTRODUCTION

    1. In these terms and conditions (Terms), the expressions "we", "us", "our" and "Viterra" are references to Viterra (NZ) Ltd (NZCN285 414).
    2. These Terms apply to your use of any services provided via the Internet by us including the use of:
      3. a) our web site www.viterra.co.nz (Website); and
      b) any materials provided by us to you, or by you to us or any information or materials obtained by you (either directly or indirectly) as a resolt of or in connection with your use of the Website or the Growers' Services (including information, text, images, graphics, logos, audio and/or video recordings, code and software) (Materials); and
      c) those certain services specified as only being available to growers (Growers' Services), (together, the Online Services).
    1. We grant you a non-exclusive, worldwide, non-transferable licence to use the Online Services
    2. By using the Online Services, you acknowledge that you have had sufficient opportunity to read and understand these Terms and you agree to these Terms. If you do not accept these Terms, you must cease using the Online Services immediately.
    3. You may only use the Online Services for lawfol purposes and you must ensure that your access to the Online Services is not illegal or prohibited by laws which apply to you. You must also comply with all directions given by us in relation to your use of the Online Services.
    4. These Terms apply in conjunction with our Privacy Policy and these Terms are not intended to limit the scope of our Privacy Policy.

  2. GROWER ONLY ACCESS

    1. To the extent the Growers' Services are available to you, and without limiting any other provision of these Terms, your use of the Growers' Services is subject to the following terms:
      2. a) you must take reasonable steps to ensure that all information used to access the Growers' Services, such as your user name, password and PIN (Access Information) remains secret, and you must not disclose the Access Information to any third party (whether you use your Access Information or not);
      b) you must ensure that the details you provide to us are complete, accurate and up-to-date at all times, and must promptly notify us of any changes to this information;
      c) you are solely responsible for all use made of your Access Information, and any consequences that may arise from such use and you release us in respect of such matters; and
      d) you must notify us immediately if you suspect that your Access Information has been obtained or known by another party or that unauthorised use has been made of your Access Information.

  3. DISCLAIMER

    1. While we endeavour to ensure that all materials provided via the Online Services are accurate and up-to-date, we make no express warranties to you, except those expressly set out in the Terms. For example, we do not represent or warrant that your access to the Online Services will be error-free, uninterrupted or timely. You must take your own precautions against computer viruses or other forms of interference you may experience in connection with the Online Services.
    2. No data transmission over the Internet can be guaranteed as totally secure.  While we strive to protect such information, we make no warranty and do not ensure the security of any information which you transmit to us and any such information is transmitted at your own risk.
    3. Viterra's views are not necessarily those expressed in the Online Services.
    4. In providing the Online Services we exclude:
      5. a) all conditions, warranties and terms implied by statute or general law or custom except any implied condition or warranty the exclusion of which woold contravene any statute or cause this clause to be void (Non Excludable Condition);
      b) all liability to you in contract for consequential or indirect damages arising out of or in connection with your use of the Online Services even if we knew they were possible or they were otherwise foreseeable, including, without limitation, lost profits and damages suffered as a resolt of claims by any third person; and
      c) all liability to you in negligence for acts or omissions of us and our employees, agents and contractors arising out of and in connection with your use of the Online Services.
    5. Our liability to you for breach of any express provision of the Terms or any Non Excludable Condition (except as otherwise provided by statute) is limited at our option to one of supplying, replacing or repairing the goods or supplying again those services in respect of which the breach occurred.
    6. You agree to indemnify us, any organisation related to or affiliated with us, and that organisation's and our officers, employees, contractors, advisers, agents, partners, and suppliers from and against any and all claims, losses or damages (including from any third party) arising in relation to:
      7. a) your use of the Online Services;
      b) any information you transmit via the Online Services; or
      c) any breach by you of these Terms.

  4. INTELLECTUAL PROPERTY

    1. Unless otherwise indicated, as between us and you, we are the owner or licensee of the copyright and all other intellectual proprietary rights in the Materials and the Online Services and nothing in these Terms constitutes a transfer of any intellectual property rights.
    2. Except as expressly authorised by these Terms, you may not in any form or by any means:
      3. a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part or all of the Online Services; or
      b) commercialise or otherwise exploit the Online Services.
    3. We do not represent or warrant that any Online Services do not infringe any third party intellectual property rights.

  5. OTHER ONLINE SERVICES

    1. Unless expressly specified otherwise:
      2. a) if we provide links or references in the Online Services to any other services or website (Linked Sites), this does not imply any relationship or association between us or any approval, recommendation or endorsement by us of the Linked Sites or the individuals or organisations that operate, or any information, graphics, materials, products or services referred to in, the Linked Sites; and
      b) we are not responsible for the content or privacy practices of any Linked Sites.

  6. ACCESS

    1. You acknowledge that the Online Services may not be operated on a continuous basis and your access to the Online Services may be terminated or restricted by us for any reason at any time (including for maintenance purposes) and we will not be liable for any loss or damage you may suffer as a resolt of any restricted use or the termination of the Online Services.

  7. AMENDMENT OF TERMS

    1. We may amend these Terms at any time in our sole discretion and any changes (including any termination of your rights to use the Online Services) will be effective immediately upon the publication of the amended Terms on the Website, or your receipt of notice of termination from us (whichever is the earlier).
    2. You acknowledge that your continued use of the Online Services following the amendments referred to in clause 7.1 will be deemed acceptance of your agreement to be bound by the amended Terms.
    3. These Terms will survive any termination of your access to any of the Online Services.

  8. RELEVANT LAW

    1. These Terms are governed by the laws in force in Auckland, New Zealand.  You agree to submit to the non-exclusive jurisdiction of the courts of  Auckland, New Zealand regarding the determination of any dispute related to the Online Services.