Welcome to the belltea.co.nz website (“Web Site”). This Web Site is offered to you by Jacobs Douwe Egberts NZ (“Jacobs Douwe Egberts NZ”) whose principal office is at 43 Crooks Road, East Tamaki,, Auckland 2013, New Zealand.
APPLICABILITY
These terms and conditions of use ("User Terms") apply to all visits to and use of the Web Site, as well as to all information, recommendations and/or services provided to you on or through this Web Site (the "Information"). By using this Web Site you agree to the User Terms. These User Terms can at all times be changed or otherwise amended by Jacobs Douwe Egberts NZ. We will give you as much advance notice of changes as is reasonably possible. The changed or amended User Terms enter into force at the moment of publication on this Web Site. Your continued use of the Web Site will constitute your acceptance of any new or amended terms and/or updates.
INFORMATION AND LIABILITY
The Information is for general information purposes only. Jacobs Douwe Egberts NZ shall not be liable for any damages resulting from the use of (or inability to use) the Web Site, including damages caused by viruses or any incorrectness or incompleteness of the Information, unless such damage is the result of any wilful misconduct or from gross negligence on the part of Jacobs Douwe Egberts NZ or its managing employees. Jacobs Douwe Egberts NZ shall further not be liable for damages resulting from the use of electronic means of communication, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
To the extent permitted by law:
- all warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limit, suitability, fitness for purpose, accuracy or completeness of this website or the content on or accessed through it; and
- 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 this website or the content on or accessed through it.
Nothing in this section attempts or purports to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
Nothing in in this section is intended to exclude, restrict or modify a consumer's rights under the Consumer Guarantees Act 1993.
The Website is for domestic and private use. Notwithstanding any other provisions of these User Terms, nothing in these User Terms are intended to affect the rights and remedies available to you under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986, except where you use the Web Site for any commercial, business or resale purpose, in which case, you agree that:
- the provisions of the Consumer Guarantees Act 1993 and provisions of section 9, 12A and 13 of the Fair Trading Act 1986 do not apply ; and
- we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
PRIVACY POLICY
Personal information provided or collected through or in connection with this Web Site shall only be used in accordance with the Privacy Policy of Jacobs Douwe Egberts NZ The User Terms shall be read in conjunction with the Privacy Policy of Jacobs Douwe Egberts NZ as posted on this Web Site.
SECURITY OF INFORMATION
Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. You should never share your secure information, password or identifier with any other person.
LINKED SITES
This website may provide links to external internet sites. Jacobs Douwe Egberts NZ shall not be liable for the use or the content of internet sites that link to this site or which are linked from it. These websites have not been prepared by us and are not controlled by us. They are provided for your convenience only, and do not imply that we check, endorse, approve or agree with third party websites that this website links to. The Privacy Policy of Jacobs Douwe Egberts NZ does not apply to any processing of your personal data on or through such other external sites.
INTELLECTUAL PROPERTY
All intellectual property on this Web Site, including without limit, the text, graphics, copyright works and trade marks, is owned by us (or by third-party content suppliers). We are the exclusive owner of all rights in the compilation, design and layout of this Web Site and the Information,. Users are permitted to read the Web Site and the Information and make copies for their own personal use, for example by printing or storing it. All other use of Web Site or the Information, for example the storage or reproduction of (a part of) the Web Site in any external internet site or the creation of links, hypertext links or deep links between the Web Site and any other internet site, requires the prior written consent of Jacobs Douwe Egberts NZ.
"belltea.co.nz", and all other trademarks figuring on this Web Site are registered trademarks of KONINKLIJKE DOUWE EGBERTS B.V. or its affiliates.
USER PROVIDED CONTENT
You understand that all information, data, photographs, or other materials that you and other users of the Web Site upload, post, transmit, publish, display, or otherwise make available through the Web Site, including information you share with or make available to other users of the Web Site ("Materials"), are the sole responsibility of you or the person from whom such Materials originated. This means that you, and not us, are responsible for all Materials that you upload, post, transmit, publish, display, or otherwise make available through the Web Site.
We do not control the Materials posted and, as such, do not guarantee the accuracy, integrity, or quality of any Materials. We are not responsible for any Materials, and we will not be liable for any loss or damage caused by any Materials or your use of or reliance on it.
Jacobs Douwe Egberts NZ shall be entitled to use, copy distribute, modify, licence and/or commercially exploit the Materials in perpetuity by any means and media now known or developed in the future, without payment or other consideration to you or any other person, including use in advertising and promotion. By posting or uploading any Materials to this Web Site or providing any Materials to us, you automatically and irrevocably:
- grant and assign to us any and all rights in the Materials throughout the world including without limitation all copyright, and waive all moral rights in the Materials that may be available to you in any part of the world. If any of these rights cannot be assigned to us, you grant us a perpetual royalty-free worldwide licence to any and all rights in the Materials, including without limitation, all copyright, with the right to sublicence;
- appoint us as your agent with power to enter into any document and/or do any act (and you agree to execute any documents) we may consider appropriate to confirm and enforce the rights granted under these User Terms; and
- warrant that: (1) you are the owner of the Materials and entitled to enter into these User Terms, (2) you have obtained all necessary permissions and licences for any third-party materials necessary for us to exploit the rights granted to us in the Materials; and (3) no Materials will be subject to any obligation, of confidence or otherwise, to you or any other person.
You hereby indemnify and hold Jacobs Douwe Egberts NZ harmless from and against all actions, claims and liabilities, suffered, incurred or sustained by Jacobs Douwe Egberts NZ as a result of your violation of these User Terms or your use of the Website, including, but not limited to, your Materials, any use of the Website's content, services and products other than as expressly authorised in these User Terms or your use of any information obtained from the Website.
NOTICE AND TAKEDOWN
In operating the Web Site, we may offer services as online provider of materials and links to third party websites and host the Materials. As a result, content that we do not own or control may made available through the Web Site.
If you believe any material available on the Web Site is defamatory, obscene, infringes intellectual property rights or is otherwise unlawful, you should notify us by contacting us at: customerservices@belltea.co.nz
We will respond promptly and may remove or disable access to the material complained. Please address any such notices to customerservices@belltea.co.nz
When providing such a notice to us, please (as relevant):
- identify any rights that you claim have been infringed;
- identify the offending material with enough detail so that we may locate it on the Web Site;
- include a statement by you identifying the reasons why you believe the material is defamatory, obscene, an infringement of intellectual property rights or otherwise unlawful and stating your belief that the information provided in your notice is accurate; and
- provide your address, telephone number, and email address; and your physical or electronic signature.
APPLICABLE LAW AND JURISDICTION
These User Terms shall be exclusively governed by the laws of New Zealand. All disputes arising in connection with these User Terms, including disputes concerning the existence and validity thereof, shall be submitted to the competent courts of New Zealand unless binding statutory requirements specify otherwise.
CONTACTING US
If you have any questions or concerns in relation to this website or these terms of use, please contact us via FREE CALL at 0800 454 9469 (NZ).