Terms and Conditions
Garden to Table Website Terms and Conditions
Garden to Table Trust provides its content on this website subject to the terms and conditions as detailed below in conjunction with our standard Terms and Conditions for the Supply of Goods and Services and our Privacy Policy, which together constitute the full agreement between you, the client (“you” and “your”) and Garden to Table Trust (“us” and “ourselves” and “Garden to Table”) (together the “Terms and Conditions”). We may periodically change the Terms, so please check back from time to time. These Terms were last updated on 26 July 2022. By accessing and using this site you acknowledge that you have read, understood and agree to be bound by the Terms and Conditions. For an explanation of Garden to Table's practices and policies related to the collection, use, and storage of our users' information, please read our Privacy Policy.
If you intend to transact through this website (i.e purchase goods from us (“Goods”) and/or request services from us (“Services”)) then you warrant that you are at least 18 years of age, that you have the power to enter into the Terms and Conditions and you acknowledge that the Terms and Conditions create binding and valid legal obligations between you and Garden to Table.
If you do not agree with or do not wish to accept the Terms and Conditions, then please do not use this website. You are advised that failure to accept our Terms and Conditions may result in your inability to access certain sections of this website.
1. Copyrights and trademarks
All content and functionality on this website, including, but not limited to, text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of Garden to Table, our suppliers, our licensors or linked to third parties and is protected by New Zealand copyright laws. All rights not expressly granted are reserved. You may not distribute, reproduce, copy, imitate, display or publish any trademark, copyright, intellectual property or other content of this website, including, but not limited to, the design and layout of this website for any purpose whatsoever without the prior written approval of us, our suppliers, licensors or linked third parties (each as applicable). Furthermore you agree to indemnify us against any claims, costs, damages or losses incurred by us should you fail to comply with this clause.
The trademarks, copyright, intellectual property, service marks, designs, and logos (collectively, the “Trademarks”) displayed on this site are the registered and unregistered Trademarks of Garden to Table, our suppliers, our licensors or linked to third parties. You agree that you will not refer to or attribute any information to Garden to Table or its suppliers, licensors or linked third parties in any public medium (e.g., press release, web sites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, Garden to Table or its suppliers, licensors or linked third parties.
2. Use of content
Apart from fair dealing as permitted under the copyright law of your country, and as necessary for the operation of the website, no part of this site nor the information contained in it may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, reprographic or otherwise, without the prior permission of Garden to Table. Garden to Table’s designated representative for the purpose of receiving notifications from third parties in relation to content transmitted, cached, hosted or referred to on the Garden to Table network is the Garden to Table Chief Executive Officer (for contact details please visit our Our Team page).
You may not:
a) copy, replicate, reproduce, distribute, transmit, publish, translate, adapt, modify, vary, decompile, disassemble or reverse engineer any part of this website;
b) make any part of this website available to any other person; or
c) link to this website in any way which misleads any person regarding any association with the website or your association with us whether implicitly or expressly.
You must not use or permit the use of this website:
a) which is contrary to any applicable law;
b) that contravenes the intellectual property, privacy or any other rights of us or any third party;
c) which is in any way harmful, threatening, abusive, tortious, defamatory, libellous, vulgar, obscene, lewd, profane, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable; or
d) for any purpose other than as specifically intended.
You must not introduce to this website, or our systems used to drive, support or administer this website to any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) or any other code designed to interrupt, manipulate, damage or compromise the website or our systems in any way.
You must only access this website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
3. User Postings
You acknowledge and agree that Garden to Table shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on the site in postings, survey responses, and otherwise, and you hereby waive any claims against Garden to Table for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with Garden to Table's use and publication of such submissions.
You covenant that you shall not post or otherwise publish on the Site any materials that:
a) are threatening, libellous, defamatory, or obscene;
b) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law;
c) infringe the intellectual property, privacy, or other rights of any third parties;
d) contain a computer virus or other destructive element;
e) contain advertising; or
f) constitute or contain false or misleading statements.
Garden to Table does not and cannot review all information posted to the site by users and is not responsible for such information. However, Garden to Table reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason.
4. Disclaimer
The information contained in this website is for general guidance on matters of interest only.
While we have made every attempt to ensure that the information contained in this site has been obtained from reliable sources, Garden to Table is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information in this application is provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. In no event will Garden to Table, its related partnerships or corporations, or the partners, agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this application or for any consequential, special or similar damages, even if advised of the possibility of such damages.
5. Third-party websites
We may provide links to third-party web sites, and some of the content appearing to be on this site is in fact supplied by third parties, for example, in instances of framing of third-party web sites or incorporation through framesets of content supplied by third-party servers. Garden to Table has no responsibility for these third-party web sites, which are governed by the terms of use and privacy policies, if any, of the applicable third-party content providers.
6. Cookies
Our website uses a technology called cookies (a small element of data that our website may send to your computer) that may be used to provide you with specific information for the purpose of us tracking site usage and traffic. These cookies do not read your hard drive but may be stored on your hard drive to enable our website to recognise you when you return to the same.
7. Mailing Lists
If at any time you are on a mailing list of ours then you may request to be removed from the same and we will comply with your request. If there is no unsubscribe button provided, then please contact us with your request using the “Contact Us” section of this website.
8. Returns, Damaged or Defective Goods
Our policy in relation to returns, damaged or defective goods shall be as specified in our standard Terms and Conditions for the supply of Goods. We will not accept returns if you change of mind or if you make a wrong decision unless due to our negligence or incorrect information supplied by us.
9. Advertisers and Linked Sites
The display on our website of any advertiser or the provision of a link to third party websites does not constitute our endorsement of either the advertiser or third party provider or any of their website content or business practices. As we do not have any control of the content of any third party websites, access to such websites is at your sole risk and we recommend that you thoroughly review the terms and conditions of use and the privacy policies of any third party website immediately upon access of such a site.
We accept no liability with regard to any dealings, promotions or activities between you and advertisers or third party providers.
10. Specifications and Information
Specifications and information provided on this website are given in good faith based on our knowledge, experience, or information provided to us by manufacturers and/or suppliers, or derived from sources believed to be accurate at the time the information is received by us. We recommended that if you have any concerns as to the suitability of Goods provided through this website or in respect of the use of the Goods or their suitability for a particular use that you contact us or seek an external professional opinion.
You acknowledge and accept that colours of items displayed on the website may not reflect the true and actual colour of such items as this may be affected by external influences such as the quality of images supplied to us for use, or the quality, age or settings on your monitor. If colour is a major factor in your decision making we recommend you contact us before purchase.
11. On-Line Ordering
Display on this website does not guarantee the availability of any particular Good(s) therefore all orders placed through this website shall be subject to confirmation of acceptance by us.
12. Changes to Terms and Conditions
We reserve the right to change any of the Terms and Conditions displayed on this website (including our privacy policy) at any time by notifying you through this website that we have done so. By continuing to use this website it shall be deemed that you agree to be bound by the amended terms and conditions as notified and posted on the website.
13. Continuous Service
Due to the inherent nature of websites we cannot guarantee uninterrupted or continuous availability of this website and you accept that the website may be unavailable from time to time for maintenance or scheduled upgrades. Where able we shall give you advanced warning of the same. We accept no liability in relation to website downtime whether scheduled or otherwise.
We may update or change the content, nature and functionality of this website or discontinue this website, or any part of this website, from time to time without notice to you or any other person.
14. Termination of Use
These Terms and Conditions and your access to our website may be terminated by us (at our sole discretion) at any time without notice or any requirement to give you a reason why. In the event of termination we shall have no liability to you whatsoever (including for any consequential, direct or indirect loss you may suffer).
15. Security
The security of information transmitted over the internet cannot be guaranteed and we expressly disclaim (to the maximum extent permitted by law) all liability for any breach of security while information is transmitted over the internet. In addition, we do not guarantee, represent or warrant whatsoever that this website will be free from loss, corruption, attack, viruses (or any kind of malicious code whatsoever), interference, hacking or any other security intrusion.
16. No Representations, Warranties or Guarantees
This website is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, all representations, warranties (including as to merchantability and suitability for any purpose), undertakings and guarantees, whether express or implied, are excluded and we do not give any representation, warranty, covenant, undertaking or guarantee whatsoever including, without limitation in respect of the availability, accuracy, completeness, currency or reliability of the information provided via this website.
17. Liability
We expressly disclaim (to the maximum extent permitted by law) all liability for any loss, damage, cost or expense, whether direct, indirect or consequential, loss of profits or revenue, lost opportunity or otherwise arising out of or in connection with your use of or reliance on this website (including, without limitation, any errors or omissions in any information or content).
In addition, but without limiting the generality of the foregoing, we are not liable for any loss or damage that occurs from any cause or event beyond our reasonable control.
Our maximum aggregate liability for all loss or damage arising from this website (whether in contract, tort or otherwise) shall not exceed NZD$100.
18. Indemnity
To the fullest extent permitted by law you indemnify and hold Garden to Table Trust (and its trustees, employees and agents) harmless against:
a) all costs, losses, claims or liabilities arising from any breach of the Terms and Conditions by you or any action taken by us as part of an investigation of a suspected breach of the Terms and Conditions or as a result of us finding or deciding that a breach of these terms has occurred;
b) all costs, losses, claims or liabilities arising from any third party claims made against Garden to Table Trust (or any of its respective directors and employees) as a result of any breach of the Terms and Conditions by you; and
c) all costs, losses, claims or liabilities of Garden to Table Trust (and each of its trustees, employees and agents) arising from any use of your password not expressly permitted in the Terms and Conditions.
19. Severability
If any provision of the Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from the Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.
20. Jurisdiction
This website (excluding any linked third party sites) is controlled by us from our principal business premises in New Zealand. It can be accessed from countries around the world to the extent permitted by the website. By accessing this site, you agree that the laws and statutes of New Zealand shall apply to any dealings, actions or claims arising out of, or in relation to, this agreement, or your use of this website, irrespective of any conflict with any laws and statutes applicable to your country of domicile.
You further acknowledge and agree that the filing of a claim against us (if any) must be made in New Zealand and shall be subject to the jurisdiction of the courts of New Zealand and that any legal proceedings will be conducted in English.
We make no representation that Goods offered through this website are appropriate, available or suitable for use in countries outside of New Zealand, and accessing any material or content from, or through, this website which is illegal in your country of domicile is strictly prohibited.
Ngā mihi maioha to Garden to Table Sponsor, Brookfields Lawyers, for their support in the creation of our website Terms and Conditions