WEBSITE TERMS AND CONDITIONS
1. Terms and Conditions
1.1 This Website (‘the Website”) is operated by Who Ate All The Pies Limited (“We”, “Us”, or Our”) and these terms and conditions (“Terms and Conditions”) govern Your access to and use of the Website, including the information provided in relation to Our products advertised on the Website (the “Products”).
1.2 By using the Website, including any recipes for the Products or other related materials You may obtain through the Website, You agree to be bound by the provisions of these Terms and Conditions dealing with Your use of the Website.
1.3 We may change these Terms and Conditions and give notice to You by posting amended Terms and Conditions on the Website at any time.
2 Grant of Rights
2.1 When you visit the Website, We give you a limited license to access and use the information and material contained in the Website for personal use to buy, learn about or submit questions about the Products.
3 Intellectual Property
3.1 All copyright, trade marks and other intellectual property rights subsisting in or used in connection with the Website and/or the Products are and will remain Our sole property.
3.2 You may not remove Our trade marks, copyright symbols, or any other statement or device which asserts Our intellectual property rights in relation to the Website, the Products, or from any materials You download from the Website or any authorised copies You make of them.
3.3 Except as permitted under the Copyright Act 1994, you are not permitted to copy, reproduce, republish, distribute or display any of the information on the Website without the Owner’s prior written permission.
3.4 The license to access and use the information on the Website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror the Website without Our prior written permission. We reserve the right to serve You with notice if We become aware of a breach by you of these Terms and block your use of the Website.
3.5 Any comment, feedback, idea or suggestion (“Comments”) which You provide to Us through the Website becomes Our property. If in the future We use Your Comments in promoting the Website or in any other way, We will not be liable for any loss, cost or expense which may arise from such use. Furthermore, you agree that We are entitled to use your Comments for any commercial or non-commercial purpose without compensation to You or to any other person who has transmitted Your Comments. If You provide Us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
4 Links to and from Other Websites
4.1 Throughout Our Website You may find links to third party websites. The provision of a link to such a website does not mean that We endorse that website. If You visit any website via a link on this Website You do so at Your own risk.
4.2 Any party wishing to link to Our Website is entitled to do so provided that the conditions below are observed:
(a) You do not seek to imply that We are endorsing the services or products of another party unless this has been agreed with Us in writing;
(b) You do not misrepresent Your relationship with Our Website; and
(c) The Website from which You link to this Website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or rights of a third party.
4.3 By linking this Website in breach of this clause You shall indemnify Us for any loss or damage suffered by Us as a result of such linking.
5 Privacy and Use of Data
5.1 We will comply with the Privacy Act 1993 in relation to any applicable information You supply to Us.
5.2 We will use any information You give to Us and which identifies You only for the purpose for which it is supplied to Us and will not use it for any other purpose or supply it to any third party except as required by law, authorised by You or set out in these Terms and Conditions.
5.3 We reserve the right to use aggregate data (in a non-identifiable form) supplied to Us by You for Our own business purposes including the improvement of the Website and Our Products.
5.4 If you opt in to become a member of Our Pie Club, You consent to receiving electronic messages from Us, including commercial electronic marketing messages relating to Our Products and other information of related interest. We will stop sending You such messages if We receive a request from You to stop.
6 Warranties and Disclaimers
6.1 Whilst We have taken all due care in providing the information on the Website, We do not accept any responsibility or liability whatsoever, whether in contract, tort, equity or otherwise, for any action taken, or reliance placed, as a result of reading any part, or all, of the information in the Website or for any error, inadequacy, deficiency, flaw in or omission from the information provided in the Website. You expressly agree that your use of the Website is at your sole risk.
6.2 To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions is excluded.
6.3 We do not accept any legal liability for any damage or loss that may result, either directly or indirectly, from any information contained on the Website or any actions taken as a result of the content of the Website.
7 Governing Law
7.1 These Terms and Conditions will be construed in accordance with the laws of New Zealand, and in terms of the enforceability of these Terms and Conditions shall be deemed “in writing” and “accepted” by both parties. Any claim made by either party against the other which in any way arises out of these Terms and Conditions will be heard in New Zealand and You agree to submit to the jurisdiction of those Courts.