Website Terms Of Use

This website is operated by Plant Hawke’s Bay.

Application of Terms

These Terms apply to your use of planthawkesbay.co.nz (‘Website’). By accessing, using or downloading the Website, you agree to these Terms.

If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.

Definitions

In these Terms:

“including” and similar words do not imply any limit
“Loss” includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
“personal information” means information about an identifiable, living person
“Terms” means these terms and conditions titled Website Terms of Use
“Underlying System” means any network, system, software, data or material that underlies or is connected to the Website
“User ID” means a unique name and/or password allocated to you to allow you to access certain parts of the Website
“We”, “us” or “our” means Plant Hawke’s Bay
“Website” means planthawkesbay.co.nz
“Content” means materials and information on this Website (including information, data, text, graphics, designs, artwork, photographs, logos, icons, sound recordings, videos and look and feel)

Changes

We may change these Terms at any time and at our discretion, by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the current Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.

Privacy

We respect your privacy and understand our obligations in protecting your personal information. Our Privacy Policy sets out how we will collect and handle your personal information.

Your obligations

You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.

If you are given a User ID, you must keep your User ID secure and:

not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to us (provided at the end of these Terms)

When you use our Website, you must not do, or attempt to do, anything that is unlawful, prohibited by any laws applicable to our Website, which we would consider inappropriate or which might bring us or our Website into disrepute. This includes:

anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
using our Website to defame, harass, threaten, menace or offend any person;
interfering with any user of our Website;
tampering with or modifying our Website or Underlying System, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Website or Underlying System, including (without limitation) introducing trojan horses, viruses, keystroke logger, spyware or other similar feature or piracy or programming routines that may damage or interfere with our Website or Underlying System;
using our Website to send unsolicited electronic messages; or
facilitating or assisting a third party to do any of the above acts.

You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.

Intellectual Property

Unless otherwise indicated, we own or license all rights, title and interest (including intellectual property rights) in our Website and all of our Content. Your use of our Website and your use of and access to any of our Content does not grant or transfer to you any rights, title or interest in relation to our Website and our Content. You are permitted to:

print and download material from this Website for your own purposes provided that you do not modify any content without our consent
freely link to any publicly accessible part of our Website

You must not:

reproduce, retransmit, distribute, display, disseminate, sell, publish, broadcast or circulate any of Content to any third party
breach any intellectual property rights connected with Content, including (without limitation) altering or modifying any Content, causing any Content to be framed or embedded in another website or platform, or creating derivative works from Content.

Disclaimers

You read, use and act on our Website and our Content at your own risk.

To the maximum extent permitted by law, we have no liability or responsibility to you or any other person for any Loss in connection with:

the Website or Content being incomplete, incorrect, unreliable, or out-of-date; or
the Website access being interrupted, unavailable (in whole or in part), performing slowly; or
the Website being insecure, containing errors; or
any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.

We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.

Liability

To the maximum extent permitted by law,

you access and use the Website at your own risk; and
we are not liable or responsible to you or any other person for any Loss or damage under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

Indemnity

To the maximum extent permitted by law, you agree to indemnify and hold harmless Plant Hawke’s Bay, its officers, directors, employees, representatives and agents, against any Loss suffered or incurred by us arising from or in connection with your use of our Website or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Loss before enforcing a right of indemnity under these Terms.

Suspension and termination

We may, at any time and without notice to you, discontinue our Website, in whole or in part.

We may also suspend or terminate, without notice, any person’s access to the Website (or any part of it), at any time and at our sole discretion. We are not responsible for any Liability that person may suffer arising from or in connection with any such discontinuance or exclusion.

Terminating these Terms

These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Disputes

In the event of any dispute arising from, or in connection with, these Terms, the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute.

If the parties are unable to resolve the dispute themselves within 5 working days of notice being given of the Dispute, the Dispute will be referred to mediation for resolution.

In the event that resolution by mediation is not achieved to the satisfaction of both parties within 30 days of referral to mediation, the Dispute will be resolved by arbitration under the Arbitration Act 1996. However, nothing in this clause prevents either party from taking immediate steps to seek any equitable relief before the New Zealand Courts.

We will at all times act in good faith and cooperate with you to resolve the Dispute, and you agree to do the same.

If a part of these Terms isn’t right

If any part or provision of these Terms is held to be void, invalid, illegal or unenforceable, that part or provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms (the remainder of these Terms will be binding on you).

Governing jurisdiction

These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand.

Should you have any questions about these Terms, please contact us at admin@planthawkesbay.co.nz or +64 06 844 1680.

Last updated: 20 May 2025.