1. Terms of Use
Welcome to the website for Ballance Agri-Nutrients Limited (“Ballance”). These Terms and Conditions of Use (“Terms of Use”) apply to your use of:
(a) The Ballance website at www.ballance.co.nz, together with any associated website or microsite (collectively referred to as the “Website”); and
(b) The Super Air website at www.superair.co.nz; and
(c) Any social media website, online chat forum, or page containing pages or content established by, or associated with Ballance, (“the Internet Sites”). By using any one or more of the Internet Sites you are deemed to have read and agree to be bound by these Terms of Use. If you do not accept these Terms of Use, you must cease accessing the Internet Sites immediately.
2. Privacy Policy / Terms of Trade
As well as these Terms of Use the Privacy Policy also applies to you and your use of the Internet Sites. You should ensure that you read the Privacy Policy in conjunction with these Terms of Use. In addition, any order for products or services through the Website will be subject to the Ballance Standard Terms of Trade.
3. MyBallance
If you register for MyBallance secure services you will also be subject to the MyBallance Terms and Conditions.
4. Amendments
Ballance reserves the right to amend or replace these Terms of Use, the Privacy Policy, the Standard Terms of Trade and the MyBallance Terms and Conditions from time to time. Amendments will be effective immediately upon being placed on the Website. Your continued use of the Internet Sites following such amendments being placed on the Website will represent an agreement by you to be bound by such terms as amended.
5. Content
While Ballance endeavours to take all reasonable and appropriate care in the preparation of the content on the Internet Sites and has no reason to believe that any information contained on the Internet Sites is inaccurate, Ballance does not warrant the accuracy, adequacy, or completeness of such information or that such information is error free. Information about products and services, including prices, are subject to change. All prices stated are GST exclusive. Ballance does not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained on the Internet Sites including, without limitation, where such loss or damage is a result of or contributed to by the negligence of Ballance.
6. Posting Policy
The following provisions apply to any comments, statements, blogs, feedback or interactions that you wish to post and are posted ( “Posts”) on any of the Internet Sites.
(a) Ballance reserves the right without notice or explanation to:
(i) not allow the posting of any specific Post; and
(ii) edit any specific Post; or
(iii) remove any Post
(b) Personal abuse, foul language, inappropriate subject matter or discriminatory remarks of any nature will not be tolerated;
(c) You agree to indemnify Ballance on demand for any loss or costs of whatever nature suffered by Ballance whether direct or consequential as a result of any breach by you of the paragraphs (a) and (b) above.
7. Opinions
Unless explicitly stated otherwise the comments or statements posted on the Internet Sites by others do not represent the opinions of Ballance regardless of whether Ballance may have edited or formatted such comments or statements in the course of their being posted on the Internet Sites. To the best of Ballance’s knowledge, all comments or statements made on the Internet Sites represent the genuine opinion of the authors of such comments or statements.
8. Intellectual Property
Unless otherwise stated, Ballance is the owner of, or otherwise has the right to use, all copyright, trademarks and other intellectual property rights relating to Ballance, its subsidiaries, or the Ballance products on the Internet Sites. This includes, without limitation, all intellectual property rights in respect of all text, graphics, logos, images and any downloads that may be offered on the Internet Sites. Ballance’s ownership in such intellectual property is protected by both New Zealand and international law.
9. Licence
Ballance grants you a limited licence (“Licence”) for the purpose of learning about Ballance and its products and services, ordering Ballance products and services, and making personal use of the Internet Sites. Any contravention by you of these Terms of Use terminates the Licence immediately. Under no circumstances, without the prior written approval of Ballance, may you adapt, reproduce, store, distribute, print, display, publish or create derivative works from any part of the Internet Sites other than in accordance with the Licence. You must not use any data gathering and extraction tools or software to extract information from the Internet Sites. You must not frame or utilise framing techniques to enclose any of the content of the Internet Sites without obtaining the express prior permission of Ballance. You must not use any metal tags or other hidden text which incorporate Ballance’s name or any of its intellectual property including trademarks without the express prior permission of Ballance. You agree to fully indemnify Ballance for any loss or damage it may suffer in contract, tort, equity, statue, regulation or otherwise, including without limitation any economic loss, loss of turnover, profits, business or goodwill, whether direct or consequential, in respect of any third party claims against Ballance, its related parties, employees, contractors or agents, that may arise as a result of your breach of the Licence.
10. Proprietary Notices
In the event that you are granted permission by Ballance to use any content from the Internet Sites other than for personal use, subject to any contrary agreement you reach with Ballance, you must ensure that all copyright, trademark and other proprietary notices contained in the content are retained.
11. Linked Websites and Third Party Information
The Internet Sites may contain links to other websites (“Linked websites”). Those links are provided for convenience only and may not remain current or be maintained. Ballance is not responsible for the content or privacy practices associated with Linked Websites. Links with Linked Websites should not be construed as an endorsement by Ballance, approval or recommendation of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent stated to the contrary. The Internet Sites may contain information which is obtained from third parties and which those third parties or Ballance may post on the Internet Sites from time to time. Such information is provided for convenience only and Ballance does not necessarily endorse the products or services referred to in the information.
12. Social Networking Sites
These Terms of Use must be read in addition to the respective terms and conditions governing the use of social networking sites, such as Facebook, as published by the relevant social networking site. By accessing a social networking site you agree to be bound by, and comply with, the terms and conditions of that social networking site, provided that these Terms of Use, along with our Privacy Policy are paramount where there are inconsistencies with the general terms and conditions published by the relevant social networking site.
13. Links
Ballance requires that you obtain the prior written approval of Ballance before providing any link to the Website. Where such approval is given, you further agree that you will not use any Ballance logo, trademark or other proprietary graphic as part of such link without the express prior approval of Ballance.
14. Accessing
You must take your own precautions to ensure that the process which you employ for accessing the Internet Sites, and/or downloading any information from the Internet Sites, does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system, telecommunication equipment or other property. Ballance does not accept responsibility for any interference or damage to your computer system or telecommunication equipment which may arise in connection with your use of the Internet Sites or any Linked Website.
15. Exclusion of Warranty
To the fullest extent permitted by law, in relation to your access and use of the Internet Sites any condition or warranty either express or which would otherwise be implied by law into these Terms of Use is hereby excluded.
16. Exclusion of Liability
Under no circumstances will Ballance, its employees or its agents be liable to you in contract, tort, equity, statue, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you or by any other third party, whether direct or consequential (including without limitation any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or brought against you which relate in any way to your access and use of the Internet Sites or in respect of any failure or omission on the part of Ballance to comply with its obligations as set out in these Terms of Use in respect of your access and use of the Internet Sites. If you are using the Internet Sites for the purpose of a business, you agree that the provisions of the Consumer Guarantees Act 1993 do not apply to you.
17. Jurisdiction
The Internet Sites are governed by and are to be interpreted in accordance with the laws of New Zealand and in all matters relating to or arising from your use of the Internet Sites, you agree to submit to the non-exclusive jurisdiction of the Courts of New Zealand.
18. Disputes
In the event of any problem with the Internet Sites or any content, you agree that your sole remedy is to cease using the relevant Internet Site.
19. Waiver
In the case of a breach of these Terms and Conditions by you or any other person, Ballance is free to decide whether it wishes to take action for such breach, and if so when and how. Ballance will not be prevented by passage of time or any other matter, from exercising its rights. If Ballance waives any rights available to it under these Terms of Use on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
20. Severability
If any of these Terms of Use is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms of Use and the remaining Terms of Use shall continue in force.
21. No Assignment
You may not assign any of your rights or obligations pursuant to these Terms of Use.
22. Queries
If you have any queries regarding these Terms of Use please don’t hesitate to contact Ballance. For contact details, please click here.
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