Terms & Conditions
OT Milk Distributors Ltd is trading as a Fonterra Franchisee.
Please read the Fonterra Co-operative Group Limited (“Fonterra”, “us”, “we”, or “our”) website (“Site”) terms and conditions (“Terms”). Fonterra may vary these Terms at any time. Using the Site after the Terms have changed means you accept the changed Terms. If you agree to be bound by these Terms you may use the Site, otherwise you should not.
The current version of the Terms will be maintained on the Site. This Site is operated and controlled from Fonterra’s offices in New Zealand. If you use this Site from outside New Zealand, you are responsible for complying with any applicable laws. These Terms will be interpreted in accordance with, and governed by, the laws of New Zealand and you and we irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand with respect to any dispute arising under, or in relation to, your use of the Site or these Terms. We also retain the right to bring proceedings in any other court of competent jurisdiction of our choice.
You may not create a link from any other website to any part of this Site, other than the homepage, without our prior express consent (which only we may grant or withhold). You may only link to the homepage with our prior express consent if you do so in a way that is fair, legal and does not damage our reputation of take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement where none exists. If you link to this Site it is at your own risk.
All intellectual property rights (including, without limitation, copyright and trade mark rights) in all materials displayed or available on this Site belongs to Fonterra unless otherwise stated. (Do we need to state third parties specifically?) If the owner of any material published on this Site is not Fonterra, your rights in respect of that material will be as defined by the copyright owner of the material concerned.
Unless otherwise stated, you are permitted to copy text published by Fonterra on this Site for your own non-commercial use only, provided you retain and display any copyright notice applying to the material. Individual items may have more specific terms and conditions associated with them, in which case those terms and conditions will apply to that item in place of this general permission.
Except as set out above, all rights to the Site (including rights in text, graphics, selection, arrangement and overall website design) are reserved and no right or licence is granted or implied under any copyright, patent, trade mark or other intellectual property right of Fonterra or any other party as a consequence of the publication of any material on this Site. No material from this Site (except for media releases published in the Newsroom) may be reproduced, adapted or distributed, in whole or in part, or on any media without written permission (which includes email) from Fonterra.
Fonterra endeavours to ensure that the information on this Site is accurate and current, but does not accept liability for any error or omission.
All warranties, whether express or implied, as to the accuracy or completeness of the information contained on this Site or in respect of any products or materials referred to on this Site are excluded to the fullest extent permitted by law.
Links on this Site may lead to other websites and some information on this Site may be provided by third parties. Fonterra accepts no responsibility for the currency or accuracy of such information. You should verify such information with those third parties directly.
While we try very hard to keep information and materials on the Site secure and confidential, we are not responsible for any breach of security which is out of our control. We do not warrant that the Site is completely secure.
USE OF INFORMATION SUPPLIED BY YOU
All product or advertising suggestions or ideas, or other information communicated to Fonterra through this Site shall be treated as non-confidential and non-proprietary to you. All such information will become the exclusive property of Fonterra for any purpose whatsoever, commercial or otherwise, without notice or compensation to you.
CONSUMER GUARANTEES ACT
If you are a business using this Site, then you agree that the provisions of the New Zealand Consumer Guarantees Act 1993 will not apply to your use of the Site or your reliance on the Site.
In no event will Fonterra be liable, in contract, tort (including negligence or breach of statutory duty) or otherwise for any:
• damages (direct, incidental, special, consequential, indirect or punitive) of any nature whatsoever;
• increased costs or expenses; or
• loss of profit, business, contracts, revenues or anticipated savings,
arising out of or in connection with your use of (or inability to use) this Site, any linked website, or any material contained on them.
You agree that if we are held responsible for any damage or loss, Fonterra’s total liability to you for all damages, losses, and causes of action (whether in tort, including but not limited to negligence, contract, or otherwise) will not exceed the amount paid by you, if any, for accessing this Site.
To the fullest extent permitted by law, we accept no responsibility for the compliance of this Site or the information contained in it with the laws of any country other than New Zealand. You agree to indemnify and keep us indemnified against all damages, costs, losses (including, without limitation, loss of profits) and expenses of any kind, whether direct or indirect, which arise from or in connection with your access or use of the Site, whether in tort, contract, equity or otherwise.
YOUR CREDIT ACCOUNT
All orders placed through this website will go against your credit account. The terms and conditions that you consented to upon creating your credit account apply. (Is there a standard copy that we can refer to?)
All orders placed through this website are not final until they have been processed by (Franchisee Name). We are under no obligation to accept all or any of your orders. Once we have an accepted an order you may not cancel or alter that order without our written agreement.
Once an order has been placed through this website we cannot guarantee a delivery time. Orders will be delivered to the address that is recorded against your credit account. We will not be liable for any failure to deliver or delay in delivery.
The price for the products will be the price we agree with you by or at the date of the order or if no such agreement is made then the current list price charged by us at the date of delivery of your order. We will not be liable for price inconsistencies on this website.
Unless otherwise agreed, you must pay all delivery, handling, packaging or insurance charges (if any) related to your order.
Prices quoted do not include GST or any other tax, levy or duty associated with the Products or their supply, which you must pay in addition to the price. If there are any changes in any tax or duty rates payable by us then we will charge any changes relative to your purchases to your credit account with us. Unless otherwise stated we will not pay any tax or duty on your behalf.