Terms & Conditions


WEBSITE TERMS OF USE – PAMUMILK.COM

1 APPLICABILITY AND AGREEMENT TO TERMS
1.1 These terms and conditions, together with the Shipping Policy, the Privacy Policy and the Refund Policy ("Terms of Use") apply to your use of this website (the "Website"). By using this Website, you are deemed to accept these Terms of Use and are bound by them. If you do not accept these Terms of Use, you will not be able to order products on this website.
2 AMENDMENTS TO THESE TERMS OF USE
2.1 We may amend these Terms of Use in whole or in part from time to time. Amendments will be effective immediately when we post the amended Terms of Use to the Website. You are responsible for ensuring you are familiar with the latest Terms of Use. By continuing to use the site (including when making new orders) following any amendments, you agree to be bound to the Terms of Use as amended, whether or not you have been notified of any amendments.
3 INTELLECTUAL PROPERTY RIGHTS
We (or our licensors) own all intellectual property rights in the Website, including all of the content and all software code underlying and forming part of the Website. You may not use any of our intellectual property rights without our prior consent.
4 ACCEPTABLE USE
4.1 Compliance with law

You agree to use the Website in a manner that complies with all applicable laws and regulations and that does not infringe our rights, nor the rights of anyone else.

4.2 Without limiting clause 4.1, in particular, you agree not to:
  1. damage or harm the Website, or any underlying or connected network or system;
  2. use a harvesting bot, robot, spider, scraper, or other unauthorised automated means to access the Website or content featured on it for any purpose;
  3. introduce any viruses, content or code to the Website which is technologically harmful;
  4. use the Website to do anything unlawful, misleading, malicious, or discriminatory;
  5. do anything that could disable, overburden, or impair the proper working of the Website, such as a denial of service attack;
  6. adapt, reproduce, store, distribute, print, display, publish, or create derivative works from the Website; nor
  7. facilitate or encourage any violations of these Terms of Use.
4.3 Unsolicited email

Publication of email addresses on the Website should not be taken as deemed consent to receiving unsolicited email. Persons or organisations wishing to send email material to individuals or organisations whose email addresses appear on the Website must comply with the requirements of the Unsolicited Electronic Messages Act 2007.

4.4 Social Media Sites

These Terms of Use will also apply to the use of any social media platform under our control (each a "Social Media Site"). These Terms of Use must be read in addition to the respective terms and conditions governing the use of the Social Media Sites, such as Facebook, as published by the relevant Social Media Site. By accessing a Social Media Site you agree to be bound by, and comply with, the terms and conditions of that Social Media Site, and these Terms of Use.

We may, without prior notice or explanation:

  1. remove any post made or shared by a user on a Social Media Site; and/or
  2. report the user to the relevant site administrator,

if we consider that the post is abusive, offensive, or contains inappropriate subject matter, defamatory comments, or discriminatory remarks of any nature or otherwise breaches the terms and conditions of the Social Media Site. To avoid doubt, any comments or statements made in a post to a Social Media Site by any public user does not represent the opinions of Landcorp Farming Limited (trading as Pāmu).

4.5 Our rights and remedies

Without limiting any other rights and remedies available to us, if we believe you have breached or are in breach of these Terms of Use, we may:

  1. limit your activities on the Website;
  2. issue a warning to you;
  3. suspend or cancel your access to the Website; and/or
  4. co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any content in breach of these Terms of Use.
4.6 General indemnity

You agree to indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these Terms of Use including, in particular, clause 5, your failure to complete a transaction, or arising out of any content or item you submit, post, upload, transmit, link to or make available upon any of the Social Media Sites.

5 TERMS OF PURCHASE
5.1 Orders

When you place an order with us to purchase any product on this Website (a "Product"), you are making an offer to purchase the Product for the price notified at the time you place the order. It is your responsibility to check the details of your order and we will not be responsible for transactions that are incorrect as a result of incorrect data entry. All prices are stated in New Zealand dollars and are inclusive of New Zealand Goods and Services Tax.

No contract for the purchase of a Product from us will be formed until your order has been reviewed and accepted by us, and we have notified you of that acceptance. An order may be declined on reasonable grounds, including, but not limited to, where:

  1. the Product is no longer available; or
  2. there is an error in the price or description of the Product on the Website.

We may also apply a limit to the number of Products that you may order (either as a single transaction, or within a specified time period), and may reduce or decline an order for this reason.

5.2 Payment for Customers in New Zealand

If you select to "Buy Now" on the webpage for customers with a delivery address in New Zealand, you will be redirected to a payment gateway operated by Stripe. You will then be required to provide your payment details directly to Stripe, and will be subject to any terms and conditions or other charges notified to you by Stripe.

Products only available in New Zealand

Products may only be ordered through the Website by customers that nominate delivery addresses in New Zealand and Products cannot be ordered to be delivered in any other jurisdiction.

5.3 No guarantee products will be in stock

We will make every effort to fulfil orders placed using the Website but we do not guarantee that the products advertised will always be in stock.

5.4 Right to adjust price

We will make reasonable endeavours to ensure that the descriptions and prices for the Products available through the Website remain accurate and up-to-date. However we reserve the right to vary our prices and product and services descriptions at any time and without notice.

5.5 Shipping and Delivery (for New Zealand Customers)

Please see our Shipping Policy

5.6 Title and risk

Title to all Products supplied to you will be retained by us until payment is made in full. All risk of loss of, or damage to, the Products passes to you on delivery of the Products to you.

6 PRODUCT RETURNS

Please see our Refund Policy

7 OUR LIABILITY
7.1 Information should be treated as a guide only

The information provided on the Website should not be your only source of information when you are making purchasing decisions. It should be treated as a guide only. Specifically, use of the "Trust you can Trace" tool is intended only to indicate whether a serial number inputted into the tool corresponds with the serial number of an authentic Product manufactured by us. If you have received a Product other than directly from this Website, please note that we make no warranties as to whether the product in your possession is an authentic Product. We will not be liable in the event that you have received a counterfeit product bearing an authentic serial number due to the fraudulent acts of a third party.

7.2 Reasonable care

We will use reasonable endeavours to ensure:

  1. the availability of the Website subject to any downtime for maintenance; and
  2. the information and tools provided on the Website are reliable, up-to-date, complete and accurate at the time of publishing.
7.3 No liability

The Website is provided on an "as is" and "as available" basis. Other than rights you have under New Zealand legislation (including the Consumer Guarantees Act 1993) that cannot be excluded by contract, you agree that, to the maximum extent permitted by law (for example, the Consumer Guarantees Act 1993):

  1. any and all of our liability and responsibility to you or any other person:
    1. under or in connection with these Terms of Use; or
    2. in connection with the Website (including any errors in or omissions from the Website), any goods or services provided on or through the Website, another user's/member's acts or omissions (including any comments or content posted), or your use of or inability to use, the Website (including any loss or corruption of data),

    is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise;

  2. our liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss; and
  3. we disclaim and exclude all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement.
8 PRIVACY STATEMENT
8.1 Our privacy commitment

Please see our Privacy Policy which explains how we may collect, store, use, and disclose your personal information.

9 GENERAL
9.1 No waiver

If we do not exercise or enforce any right available to us under these Terms of Use, it does not constitute a waiver of those rights.

9.2 Entire agreement

These Terms of Use constitute our entire agreement and supersede all prior agreements, arrangements, understandings and representations (whether oral or written) given by or made between us, relating to the subject matter of these Terms of Use.

9.3 Remedies cumulative

The rights and remedies provided in these Terms of Use are cumulative and not exclusive of any rights or remedies provided by these Terms of Use or Law.

9.4 Severance

If any provision of these Terms of Use become or is held to be illegal, invalid or unenforceable in any respect, that provision shall be read down to the extent necessary to make it legal, valid and enforceable or, if it cannot be read down, be deemed severed from these Terms of Use. Neither such change shall affect the legality, validity and enforceability of the other provisions of these Terms of Use.

9.5 Governing law

The Website and these Terms of Use is governed by the laws of New Zealand. When you access the website, you submit to the non-exclusive jurisdiction of the New Zealand courts.