RAVENSDOWN LIMITED WEBSITE TERMS AND CONDITIONS
The websites www.ravensdown.co.nz and www.myravensdown.co.nz (together this website), and the content and services and functionality on or accessed through it (the Content), is owned and operated by Ravensdown Limited (Ravensdown, we, us, or our).
Your use of this website and any Content is governed by these terms of use (the Terms). The Terms are divided into two sections: a General section that applies to all parts of this website (including My Ravensdown) and a My Ravensdown section that applies to My Ravensdown.
By accessing and using this website you acknowledge that you have read and agreed to the Terms.
GENERAL
1 Intellectual property and use
1.1 We are either the owner or licensed user of the copyright and all other intellectual property rights in this website and in any Content. This includes all text, graphics, logos, icons, sound recordings and software. All rights are reserved.
1.2 You may access, view, use and print Content for the purpose of ordering Ravensdown products and services (or considering whether to do so), and for operating your My Ravensdown account. Other than for these purposes, you may not copy, display, modify, reproduce, store in any form, transmit, distribute or use in any way for commercial or public purposes, any part of this website or any Content.
1.3 However, the data relating to your farm that you input into your My Ravensdown account continues to be owned by you rather than Ravensdown. You may use the data you own as you consider appropriate, although this does not limit your obligations under these Terms.
2 Information on this website
Although we have tried to ensure the Content is current, accurate and complete, we do not warrant or guarantee that will be the case when you access it. In particular, information on our products and services shown on this website is based on information provided by our suppliers, manufacturers and product specialists. Both this information and the products and services themselves are subject to change at any time (including prices). All prices stated on this website are GST exclusive.
3 Access / website links
3.1 This website is provided on an ‘as is’ and ‘as available’ basis. We will make reasonable efforts to ensure the availability of this website and the Ravensdown Online Ordering service, but cannot, and do not, guarantee:
(a) access to this website or the Content, or that your access will be uninterrupted, timely, and secure, or error or fault free; or
(b) that this website or the server that makes it available is free of any virus or other harmful elements.
3.2 This website may contain links to third party websites, which have not been prepared by us and are not controlled by us. Links are provided for your convenience only and we take no responsibility for those websites or their content.
4 Liability
You use this website and the Content at your own risk. To the maximum extent permitted by law:
4.1 all warranties, representations and guarantees in relation to this website and the Content (whether express, implied or statutory) are excluded to the maximum extent permitted by law; and
4.2 we will not be liable for any damage, loss or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with your access to or use of (or inability to access or use) this website or any Content (whether in contract, tort (including negligence) or otherwise).
5 Indemnity
You indemnify us from and against any loss, liability, cost, claim or expense we suffer or incur as a result of any misuse of this website by you or any breach of these Terms.
6 Use for business purposes
You agree that if you are using this website or any Content for the purposes of a business as defined in the Consumer Guarantees Act 1993, the provisions of that Act do not apply.
7 Privacy and personal information
Our Privacy Policy governs the collection, use and disclosure of your personal information by us. The Privacy Policy forms part of these Terms. You can link to our Privacy Policy [here www.ravensdown.co.nz/privacy-policy]
8 Amendments
We may change these Terms at any time, with such changes to take effect upon the posting of the amended Terms on this website. By continuing to access this website, you agree to be bound by the amended Terms.
9 Jurisdiction
This website and the Content have been prepared in accordance with the requirements of the laws of New Zealand. These Terms and any matters or disputes connected with this website and/or any Content will be governed by New Zealand law and will be dealt with by New Zealand courts.
MY RAVENSDOWN
The following Terms apply to My Ravensdown (or aspects of My Ravensdown), but do not limit the General Terms above in any way.
10 Your My Ravensdown account
10.1 To access the My Ravensdown tools and services you will need to apply for a My Ravensdown account. You warrant that all information you provide to us in relation to your application is true and correct in all respects, and you will immediately inform us if any of your details change.
10.2 If we accept your application for a My Ravensdown account (your Account), you will be provided with a username and password for your Account. You must:
(a) keep your username and password secure and confidential, and not disclose them to any person;
(b) notify us immediately if you believe these details are no longer secure or confidential;
(c) not allow any other person to access or use My Ravensdown using your username or password.
10.3 You agree that:
(a) you are responsible and liable for all activities that occur under or through the use of the username and password for your Account;
(b) we may rely on, and are not responsible for verifying the accuracy and completeness of, any information or activity input into My Ravensdown under or through the use of the username and password for your Account; and
(c) we are not responsible for any unauthorised access to or interference with your Account.
10.4 If you have breached these Terms or misused this website, or we consider that your ongoing use of My Ravensdown would be detrimental to Ravensdown or other shareholders, we may at any time:
(a) suspend or terminate your Account and/or your access to all or any part of My Ravensdown;
(b) impose suitable conditions on your use of My Ravensdown; and/or
(c) take any other action we consider appropriate to protect the security or integrity of this website or any Content.
11 Logs
Ravensdown maintains a log of all access made to your Account and the activities that occur under or through your Account. These are available internally to Ravensdown staff [and to you upon making a request to us].
12 Cookies
Cookies are very small files that sit on your computer and can be used by a website to remember things like your preferences for that site. My Ravensdown uses cookies to help us remember things like your personal preferences and your login information. For example, if you tick the 'Remember me' option when you log in, My Ravensdown will store a cookie on your computer that we check for next time you come back to the website.
13 Online ordering
The following specific Terms apply to all orders for fertiliser and other products and services you make through Ravensdown’s Online Ordering system (Online Orders).
13.1 All purchases of products and/or services following an Online Order will be on Ravensdown’s standard terms of trade applicable at the time of purchase. The current standard terms of trade are available on this website [here www.myravensdown.co.nz/order/review].
13.2 Online Orders do not constitute final orders, but are subject to confirmation by Ravensdown and are subject to availability of the products or services requested. Payment terms are as per our standard terms of trade [here www.myravensdown.co.nz/order/review].
13.3 We will endeavour to confirm your Online Order within 24 hours.
13.4 If your order is urgent please contact our Customer Centre by telephone on 0800 100 123.
14 Input of data / applications
14.1 You are responsible for ensuring the data input into your Account (including details of any fertiliser applied to your farm) is accurate.
14.2 You are also responsible for ensuring data contained in your Account is not deleted. Where you delete data, whether deliberately or accidentally, we may not be able to reinstate this data to your Account. The logs referred to in clause 11 will normally identify who was responsible for deleting any data.
14.3 Details of events of fertiliser applications are sometimes input into your Account by spreading joint ventures in which Ravensdown has an interest, where you have engaged these spreading joint ventures to apply your fertiliser. We are not responsible for errors in these details, but are working with the spreading joint ventures with the objective of them reducing any errors in these inputs.
14.4 The data relating to your farm that you input into your Account is owned by you (see clause 1.3).
15 Paddocks / maps
15.1 Ravensdown has no responsibility for the accuracy of the paddocks shown on farm maps in your Account, these having been drawn by you, copied from another programme or system, or drawn by Ravensdown based on information from you or a third party.
15.2 Differences between the area of a paddock shown on farm maps in your Account and the actual area of the paddock may result in the application of a different tonnage of fertiliser or other product than that expected by you. Where this occurs you will be responsible for paying for the tonnage of fertiliser or other product actually applied, not the tonnage you anticipate based on any farm maps in your Account.
15.3 [All base maps] used in My Ravensdown have been provided by Terralink/Creative Commons (for New Zealand maps) or Bing (for Australian maps), and accordingly Ravensdown has no responsibility for any errors or inaccuracies in any maps used in My Ravensdown.
16 Hazards
Despite any assistance we provide in relation to the farm maps in your Account, we are not responsible for the identification of any hazards situated on your farm. You remain fully responsible for identifying these hazards, including for the purpose of fulfilling your duties to contractors or other persons entering your farm under the Health and Safety in Employment Act 1992 (and any legislation that replaces this Act).