Terms and conditions
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WEBSITE
These website terms and conditions (Terms) govern your access to, and use of, the website located at www.whittakerschocolate.com and any related websites operated by us (Website) including shop.whittakers.co.nz. The Website is provided and operated by J H Whittaker & Sons Limited (Whittaker’s, us, our). By accessing or using the Website, each user (you, your) agrees to be bound by, and to comply with, these Terms.
CONTENT AND INTELLECTUAL PROPERTY
The Website contains text, images, graphics, sound, photographs and other materials and content relating to our business and our products (collectively, Content). The Content, and all intellectual property rights in the Content, are owned by Whittaker’s or by our licensors and, except as specified in these Terms, you have no rights in or to the Content.
You must not use, reproduce, transmit, distribute or otherwise exploit any Content in any way, except that, where the Website permits and enables the download of particular Content, you may download one copy of that Content to a single computer for your personal, non-commercial home use only.
You agree to ensure that nothing you submit to us through the Website infringes or breaches the rights of any third party or creates any obligation for us. By submitting anything to us through the Website, including any Content, (Your Content) you hereby grant to Whittaker’s, our related companies and all users of the Website an irrevocable, sub-licensable, transferable, worldwide, paid-up license, to use, copy and modify Your Content in connection with the Website and our business and products and to disclose Your Content to third parties.
We are not responsible for any content or information on any website that is linked to our Website. We include such links for your convenience and you should not consider a link to be an endorsement by us of any business, product, service or information on that website. If you would like to link your website to our Website, you must first obtain our written consent.
RESTRICTIONS ON USE
The Website is only for your legal personal use. You may not use the Website or any Content for any commercial purposes or in any way that is unlawful, or harms us, our related companies or any other person. You may not send or post any material on the Website, or use the Website, the Content or any service offered via the Website in any manner, that: is unlawful; is obscene, offensive, defamatory, derogatory or unwanted; could damage, disable, overburden, or impair any Whittaker’s server or the network(s) connected to any Whittaker’s server; could interfere with any other party's use and enjoyment of the Website; or reduces the number of users accessing or using or able to access or use the Website.
If you register to be a member of our Website or for any service or offering on our Website, additional information and services may be made available to you. We may decline to register you, or cancel your registration, for any reason and we are not obliged to state such reason.
COMMUNICATION SERVICES
(collectively, Communication Services). You agree to use the Communication Services only to post, send, and receive messages and material that complies with these Terms. We are not responsible for the communications of users via the Communications Services and those communications are not reviewed, screened or approved by Whittaker’s.
We reserve the right to: terminate or suspend your access to any or all of the Communication Services; or remove any material from the Communication Services, at any time, without notice, for any reason and we are not obliged to state such reason.
You acknowledge and agree that your communications with other users via the Communications Services are public and not private communications, and that you have no expectation of privacy concerning your use of the Communications Services. Therefore, we strongly encourage you not to disclose any personal information about yourself in your public communications via the Communications Services.
PRIVACY
Whittaker’s may collect certain personal information in order to operate the Website and conduct our business. Whittaker’s respects the privacy of users and at all times complies with its obligations under the Privacy Act 1993. Whittaker’s has adopted reasonable security measures to protect against the loss, misuse, and alteration of the personal information under our control. Whittaker’s collection and use of personal information is governed by our Privacy Policy. By accessing and browsing this Website, you accept the terms of our Privacy Policy.
SUPPLY OF PRODUCTS
From time to time, Whittaker’s may make some or all of its products available for sale via the Website. Information about our products advertised for sale is an invitation to treat and not an offer to sell. You offer to purchase those products by making an order and we reserve the right to accept or reject your order. Certain products may not be available depending on demand.
Upon our acceptance of an order, a binding contract is formed to purchase those ordered products on these Terms and any other applicable terms described below or on our Website. All prices for products are in New Zealand dollars unless stated otherwise and are inclusive of GST and other sales taxes but exclusive of shipping and delivery costs which are charged in addition. We reserve the right to correct any pricing errors at any time.
All products must be paid for in full and will be shipped or delivered to you in accordance with the applicable Shipping & Delivery Info which can be found here and which forms part of our agreement with you.
You acknowledge that chocolate and confectionary products may be damaged or degraded if they are exposed to high temperatures. To the maximum extent permitted by law: (a) Whittaker’s will not be liable to you in relation to products that are damaged or degraded due to their being exposed to high temperatures; and (b) Whittaker’s total aggregate liability to you in relation to the supply of products you have ordered is limited to the resupply of the products, or the refund of the cost of those products, at Whittaker’s election. You can read Whittaker’s policy on returns and refunds here and these terms also form part of our agreement with you.
Whittaker’s will not be liable to you for any failure to deliver any ordered products, or any other failure to comply with its obligations under this Terms, if the failure is caused by any events or circumstances outside Whittaker’s reasonable control.
RISK AND LIABILITY
You understand and agree that your use of the Website is at your sole risk. The Website is provided by us on an “as is” and “as available” basis. Whittaker’s disclaims and excludes any implied conditions or warranties (including, without limitation, any warranties of merchantability, quality and fitness for a particular purpose). Without limiting the above, we do not warrant that the Website will be available at all times, secure or error-free, or that any Content is error-free or reliable. In no event will Whittaker’s, or our related companies, employees, agents, directors and other personnel (Whittaker’s Affiliates), have any liability to you (whether in contract, tort including negligence, or otherwise) in relation to your use of the Website, whether or not such liability is direct, indirect, consequential or of a special nature, including without limitation, any liability for loss of revenue, profit, anticipated savings, goodwill or opportunity, production or loss or corruption of data.
You agree to at all times indemnify the Whittaker’s Affiliates against any and all liability, claims, losses, damages, costs or other expenses of any nature whatsoever awarded against, incurred or suffered by any of the Whittaker’s Affiliates arising out of or in connection with any breach by you of these Terms. None of the exclusions or limitations set out in these Terms will have the effect of limiting or excluding any form of liability to the extent such liability cannot be so limited or excluded under applicable law.
CHANGES TO THESE TERMS, AND ADDITIONAL TERMS
We may amend these Terms from time to time without notifying you. The current and binding Terms will be the Terms displayed on the Website at the time you access or use the Website. If you do not accept any modification to these Terms, you may terminate your access and use of the Website. Your continued use of the Website after a change or update has been made to these Terms constitutes your acceptance of the changed or updated Terms.
GENERAL TERMS
Whittaker’s reserves the right, without any limitation whatsoever, to discontinue or alter the Website or terminate or suspend your access to the Website at any time, without notice, for any reason and we are not obliged to state such reason.
Notices to you may be made via posting to the Website, by email, or by regular mail, in our sole discretion. We may also provide notices of changes to these Terms or other matters by displaying such notices or by providing links to such notices.
If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
These Terms, and any disputes arising from or relating to the conduct covered by the Terms, are governed by the laws of New Zealand. You hereby submit to the exclusive jurisdiction of the courts of New Zealand.