Terms and Conditions for New Zealand
Seed Guide
Terms and
Conditions
Last updated: May
8, 2023
Please read these
terms and conditions carefully before using Our Service.
Interpretation and
Definitions
Interpretation
The words of which
the initial letter is capitalized have meanings defined under the following
conditions. The following definitions shall have the same meaning regardless of
whether they appear in singular or in plural.
Definitions
For the purposes
of these Terms and Conditions:
Application means
the software program provided by the Company downloaded by You on any
electronic device, named New Zealand Seed Guide.
Application Store
means the digital distribution service operated and developed by Apple Inc.
(Apple App Store) or Google Inc. (Google Play Store) in which the Application
has been downloaded.
Affiliate means an
entity that controls, is controlled by or is under common control with a party,
where "control" means ownership of 50% or more of the shares, equity
interest or other securities entitled to vote for election of directors or
other managing authority.
Country refers to:
New Zealand
Company (referred
to as either "the Company", "We", "Us" or
"Our" in this Agreement) refers to Cropmark Seeds Limited, 49 Manion
Road, Christchurch 8441.
Device means any
device that can access the Service such as a computer, a cellphone or a digital
tablet.
Service refers to
the Application.
Terms and
Conditions (also referred as "Terms") mean these Terms and Conditions
that form the entire agreement between You and the Company regarding the use of
the Service. This Terms and Conditions agreement has
been created with the help of the TermsFeed Terms and
Conditions Generator.
Third-party Social
Media Service means any services or content (including data, information,
products or services) provided by a third-party that may be displayed, included
or made available by the Service.
You means the individual accessing or using the Service, or the
company, or other legal entity on behalf of which such individual is accessing
or using the Service, as applicable.
Acknowledgment
These are the
Terms and Conditions governing the use of this Service and the agreement that
operates between You and the Company. These Terms and Conditions set out the
rights and obligations of all users regarding the use of the Service.
Your access to and
use of the Service is conditioned on Your acceptance of and compliance with
these Terms and Conditions. These Terms and Conditions apply to all visitors,
users and others who access or use the Service.
By accessing or
using the Service You agree to be bound by these Terms and Conditions. If You
disagree with any part of these Terms and Conditions then You may not access
the Service.
You represent that
you are over the age of 18. The Company does not permit those under 18 to use
the Service.
Your access to and
use of the Service is also conditioned on Your acceptance of and compliance
with the Privacy Policy of the Company. Our Privacy Policy describes Our
policies and procedures on the collection, use and disclosure of Your personal
information when You use the Application or the Website and tells You about
Your privacy rights and how the law protects You. Please read Our Privacy
Policy carefully before using Our Service.
Links to Other
Websites
Our Service may
contain links to third-party web sites or services that are not owned or
controlled by the Company.
The Company has no
control over, and assumes no responsibility for, the content, privacy policies,
or practices of any third party web sites or services.
You further acknowledge and agree that the Company shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with the use of or reliance on any such content, goods or
services available on or through any such web sites or services.
We strongly advise
You to read the terms and conditions and privacy policies of any third-party
web sites or services that You visit.
Termination
We may terminate
or suspend Your access immediately, without prior notice or liability, for any
reason whatsoever, including without limitation if You breach these Terms and
Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of
Liability
Notwithstanding
any damages that You might incur, the entire liability of the Company and any
of its suppliers under any provision of this Terms and Your exclusive remedy
for all of the foregoing shall be limited to the amount actually paid by You
through the Service or 100 USD if You haven't purchased anything through the
Service.
To the maximum
extent permitted by applicable law, in no event shall the Company or its
suppliers be liable for any special, incidental, indirect, or consequential
damages whatsoever (including, but not limited to, damages for loss of profits,
loss of data or other information, for business interruption, for personal
injury, loss of privacy arising out of or in any way related to the use of or
inability to use the Service, third-party software and/or third-party hardware
used with the Service, or otherwise in connection with any provision of this
Terms), even if the Company or any supplier has been advised of the possibility
of such damages and even if the remedy fails of its essential purpose.
Some states do not
allow the exclusion of implied warranties or limitation of liability for
incidental or consequential damages, which means that some of the above
limitations may not apply. In these states, each party's liability will be limited
to the greatest extent permitted by law.
"AS IS"
and "AS AVAILABLE" Disclaimer
The Service is
provided to You "AS IS" and "AS AVAILABLE" and with all
faults and defects without warranty of any
kind. To the
maximum extent permitted under applicable law, the Company, on its own behalf
and on behalf of its Affiliates and its and their respective licensors and
service providers, expressly disclaims all warranties, whether express, implied,
statutory or otherwise, with respect to the Service, including all implied
warranties of merchantability, fitness for a particular purpose, title and
non-infringement, and warranties that may arise out of course of dealing,
course of performance, usage or trade practice. Without limitation to the
foregoing, the Company provides no warranty or undertaking, and makes no
representation of any kind that the Service will meet Your requirements,
achieve any intended results, be compatible or work with any other software,
applications, systems or services, operate without interruption, meet any
performance or reliability standards or be error free or that any errors or
defects can or will be corrected.
Without limiting
the foregoing, neither the Company nor any of the company's provider makes any
representation
or warranty of any
kind, express or implied: (i) as to the operation or
availability of the Service, or the information,
content, and
materials or products included thereon; (ii) that the Service will be
uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency
of any information or content provided through the Service; or (iv) that the
Service, its servers, the content, or e-mails sent from or on behalf of the
Company are free of viruses, scripts, trojan horses, worms, malware, timebombs
or other harmful components.
Some jurisdictions
do not allow the exclusion of certain types of warranties or limitations on
applicable statutory
rights of a
consumer, so some or all of the above exclusions and limitations may not apply
to You. But in such a case the exclusions and limitations set forth in this
section shall be applied to the greatest extent enforceable under applicable
law.
Governing Law
The laws of the
Country, excluding its conflicts of law rules, shall govern this Terms and Your
use of the Service. Your use of the Application may also be subject to other
local, state, national, or international laws.
Disputes
Resolution
If You have any
concern or dispute about the Service, You agree to
first try to resolve the dispute informally by contacting the Company.
For European Union
(EU) Users
If You are a
European Union consumer, you will benefit from any mandatory provisions of the
law of the country in
which you are resident
in.
United States
Legal Compliance
You represent and
warrant that (i) You are not located in a country
that is subject to the United States government
embargo, or that
has been designated by the United States government as a "terrorist
supporting" country, and (ii)
You are not listed
on any United States government list of prohibited or restricted parties.
Severability and
Waiver
Severability
If any provision
of these Terms is held to be unenforceable or invalid, such provision will be changed
and interpreted to accomplish the objectives of such provision to the greatest
extent possible under applicable law and the remaining provisions will continue
in full force and effect.
Waiver
Except as provided
herein, the failure to exercise a right or to require performance of an
obligation under these Terms shall not effect a
party's ability to exercise such right or require such performance at any time
thereafter nor shall the waiver of a breach constitute a waiver of any
subsequent breach.
Translation
Interpretation
These Terms and
Conditions may have been translated if We have made them available to You on
our Service. You
agree that the
original English text shall prevail in the case of a dispute.
Changes to These
Terms and Conditions
We reserve the
right, at Our sole discretion, to modify or replace these Terms at any time. If
a revision is material We will make reasonable efforts
to provide at least 30 days' notice prior to any new terms taking effect. What
constitutes a material change will be determined at Our sole discretion.
By continuing to
access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not
agree to the new terms, in whole or in part, please stop using the website and
the Service.
Contact Us
If you have any
questions about these Terms and Conditions, You can
contact us:
By visiting this
page on our website: https://www.cropmarkseeds.com/Contact-Cropmark-Seeds
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