1. Terms and Conditions: Welcome to the website for Altum, a trading division of Ballance Agri-Nutrients Limited. These Terms and Conditions apply to your use of:
(a) The Altum website at www.altumnutrition.co.nz (“Website”); and
(b) Any linked website that is accessible from the Website, (“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 and Conditions. If you do not accept these Terms and Conditions, you must cease accessing the Internet Sites immediately.
4. Intellectual Property: Unless otherwise stated, Altum is the owner of, or otherwise has the right to use, all copyright, trademarks and other intellectual property rights relating to Altum, its subsidiaries, or the 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. Altum’s ownership in such intellectual property is protected by both New Zealand and international law.
5. Licence: Altum grants you a limited licence (“Licence”) for the purpose of learning about Altum and its products, ordering Altum products, and making personal use of the Internet Sites. Any contravention by you of these Terms and Conditions terminates the Licence immediately. Under no circumstances, without the prior written approval of Altum, 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 shall not use any data gathering and extraction tools or software to extract information from the Internet Sites. You shall not frame or utilize framing techniques to enclose any of the contents of the Internet Sites without obtaining the express prior permission of Altum. You may not use any meta tags or other hidden text which incorporate Altum’s name or any of its intellectual property including trademarks without the express prior permission of Altum. You agree to fully indemnify Altum 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 Altum, its related parties, employees, contractors or agents, that may arise as a result of your breach of the Licence.
6. Proprietary Notices: In the event that you are granted permission by Altum to use any content from the Internet Sites other than for personal use, subject to any contrary agreement you reach with Altum, you must ensure that all copyright, trademark and other proprietary notices contained in the content are retained.
7. Content: While Altum 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, Altum does not warrant the accuracy, adequacy, or completeness of such information or that such information is error free. Altum 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 Altum. Before acting on any information contained on the Internet Sites, you should consult your own adviser as to whether the advice or information is appropriate in light of your particular needs.
8. 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. Altum 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 Altum, 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 stipulated to the contrary.
9. Links: Altum requires that you obtain the prior written approval of Altum before providing any link to the Website. Where such approval is given, you further agree that you will not use any Altum logo, trademark or other proprietary graphic as part of such link without the express prior approval of Altum.
10. Accessing: You must take you 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. Altum 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.
11. 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 and Conditions is hereby excluded.
12. Exclusion of Liability: Under no circumstances will Altum, 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 Altum to comply with its obligations as set out in these Terms and Conditions 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.
13. Limitation of Liability: In the event that any limitation or provision contained in these Terms and Conditions is held to be invalid or unenforceable for any reason and Altum becomes liable for any loss or damage that would otherwise have been excluded, Altum’s maximum liability in contract, tort, equity, statue, regulation or otherwise for any loss, damage or injury directly or indirectly arising in respect of your access and use of the Internet Sites is to be limited to $100 in New Zealand currency.
14. 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.
15. 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.
16. Waiver: In the case of a breach of these Terms and Conditions by you or any other person, Altum is free to decide whether it wishes to take action for such breach, and if so when and how. Altum will not be prevented by passage of time or any other matter, from exercising its rights. If Altum waives any rights available to it under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
17. Severability: If any of these Terms and Conditions is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms and Conditions and the remaining Terms and Conditions shall continue in force.
18. No Assignment: You may not assign any of your rights or obligations pursuant to these Terms and Conditions.
19. Queries: If you have any queries in regard to these Terms and Conditions please don’t hesitate to contact Altum. Altum can be contacted in any of the following ways:
Post Private Bag 12508, Tauranga Mail Centre, Tauranga 3143
Phone +64 7 572 6200
2. Automatically Collected Information: Whenever you access any of the Internet Sites Altum may, and is entitled to, automatically collect the following types of information from you:
a. The IP address of your machine when connected to the internet and the domain name from which you are accessing the internet;
b. The operating system and the browser your computer uses and any search engine you are using;
c. The date and time you are visiting; and
d. The URLs of the pages you visit.
3. Submitted Information: Additional to automatically collected information dealt with by clause 2 (above), Altum may collect information provided or posted by you explicitly on the Internet Sites. This includes, without limitation, information such as your name, gender, email address, telephone number, contact address, farm details and any other information supplied by you.
4. Further Collection: Altum also reserves the right to collect more extensive information where it deems such action is appropriate, such as in the case of any security concerns which may arise. Where possible, information will be obtained directly from you. However, you acknowledge that by accessing the Internet Sites information may be collected from you as a result of the workings of the Internet Sites and the attached systems and software.
5. Use of information: Altum uses the information provided by you or generated by your use of the Internet Sites to provide you with any services or products you may request from Altum. Altum also uses information collected from you to assess the performance of the Internet Sites, to ensure that the Internet Sites serve your needs in the most efficient manner possible, and for Altum’s marketing purposes. Altum will not provide information provided by you to any third party for their use in marketing their products or services to you without your consent.
8. Data Transmission: Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst Altum strives to protect such information, it does not warrant, and cannot ensure complete security of any information which you transmit to Altum. Accordingly, any information which you transmit to Altum is transmitted at your own risk.
9. Accessing and Maintaining Information: You are entitled to access any information which Altum may hold about you and Altum is obliged to provide this information to you as long as it has such information and such information can be readily retrieved. You are also entitled to request Altum correct any inaccuracies in any information which Altum holds about you, or update any such information, whether in relation to you personally, or your farm. In order to access or update information Altum holds about you and/or your farm, please contact a Altum customer service representative.
10. Providing Information: You agree that Altum may provide any personal information it collects about you to its related companies (as defined in section 2(3) of the Companies Act 1993 (NZ)), debt collection and credit reference agencies and any other parties it deems necessary in relation to providing you access to the Internet Sites, for any services you access or products you order from the Website, to recover any money you owe to Altum and to exercise any lawful right Altum, its related companies or debt collection and credit reference agencies may have. You also authorise any person to provide Altum with such information as Altum may require in response to credit enquiries.
11. Disclosing Information: You agree that Altum is entitled to disclose information it holds about you without your prior permission if Altum reasonably believes that such disclosure is necessary to:
a. Comply with legal requirements;
b. Protect the rights or property of Altum or its related companies; or
c. Enforce the Terms of Conditions of access to the Website.
12. Combining Information: Altum may combine any information which it collects from you with information collected by its related companies.
13. Storage: Information which Altum collects from you may be stored or processed outside of New Zealand.
16. Privacy Act: This Policy does not affect your rights under the Privacy Act 1993.