- all users of any website (the “Website”) operated by Wilson Foods Limited and its related companies (including Wilson Consumer Products Limited) (the “Wilson Group” “we”, “us” or “our”), and
- your membership of the DYC Clever Living Club, to the extent you are a member of, or apply to be a member of, this program, which is promoted by us as the brand owner of DYC Vinegar.
By viewing and using the Website you are deemed to agree to these terms and conditions of use without qualification. If you do not agree to be bound by these terms and conditions, you must stop accessing and using the Website and/or participating in the DYC Clever Living Club.
- New Zealand Law: The Website is operated by us from New Zealand. These terms are covered by New Zealand law and you submit to the non-exclusive jurisdiction of the Courts of New Zealand.
- Copyright – use of site material: All information, text, graphics, software and other material (“Content”) on the Website is protected by New Zealand and international copyright and trade mark laws. Copyright in the Content is owned by us and/or our suppliers. You may use a web-browser to download and view the Content for your personal, non-commercial use. You must not use the Content for any other purpose without our prior written permission.
- Idea submissions: Ideas, suggestions or feedback submitted to us through the Website or otherwise (and in relation to the DYC Clever Living Club or otherwise) are not submitted in confidence and may be used by us for any purpose or disclosed to any person. We will not be liable to compensate any person submitting any such material.
- Links: The site may contain hyperlinks to Internet sites operated by third parties. These linked websites are not under the control of the Wilson Group and we are not responsible for the content of any linked site. We provide these links to you as a convenience only, and the inclusion of any link does not imply endorsement of the linked site by the Wilson Group.
- Links to our Website and Framing: We reserve the right to prohibit links to the Website and you agree to remove or cease any link upon our request. You may not frame any part of the Website content by including advertising or other revenue generating material.
- Advertising: Any dealings with any advertiser appearing on the Website are solely between you and the advertiser or other third party. We are not responsible or liable for any part of any such dealings or promotions.
- Disclaimer of warranties and limitation of liability: The Website is a general information service only. The Content has not been prepared by taking into account the particular objectives, situation or needs of any individual users. The Website may contain inaccuracies, typographical or programming errors. We may change the Content at any time. To the fullest extent permitted by law, the Wilson Group makes no representations about the accuracy or suitability of the Content or the DYC Clever Living Club, which is provided “as is” and without express or implied warranty. To the fullest extent permitted by law, the Wilson Group excludes:
- all warranties, representations and conditions whether express, implied, statutory or otherwise, relating in any way to the Website (including in any Content and services provided through the Website) or your use of the Website or the DYC Clever Living Club; and
- all liability whether in contract, tort (including for negligence) or otherwise, to you or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage such as loss of revenue or profits, unavailability of systems or loss of data) however caused by, arising from or in connection with, any use of the Website, the Content or the DYC Clever Living Club.
Nothing in the terms will limit your rights (if any) under the Consumer Guarantees Act 1993 or any other law to the extent that it cannot be excluded or limited.
- Registration and accounts: Where you complete a registration in relation to the Website or the DYC Clever Living Club:
- You will ensure that all usernames and passwords are kept secure and confidential and you will notify us immediately of any unauthorised use of your password or any other breach of security.
- You may not transfer your account to another user or maintain more than one account with us without our consent.
- You confirm that the data you provided to us on registering was at the time you provided it current, complete and accurate, and you agree to maintain and update the data as required to keep it so.
- You release us from and renounce any claim in respect of or arising from any reasonable reliance by us upon any use of your password, including us disclosing information relating to your registration and/or affairs with us.
- Suspension and termination: We may, at our sole discretion, suspend or terminate your account and limit your access to the Website and/or the DYC Clever Living Club.
- Communication tools: If you use any communication tools available through the Website, you agree only to use such communication tools for lawful and legitimate purposes. You must not use any communication tool for posting or disseminating any material unrelated to the use of the Website, including (without limitation) offers of goods or services for sale, files that may damage any other person’s computing devices or software, content that may be offensive to any other user of the Website, or material or data in violation of any law or third party intellectual property. When you make any communication on the Website, you represent that you own the content of the communication. We are under no obligation to ensure that the communications on the Website are legitimate and we are not able to monitor communications at all times. We reserve the right to remove any communication at any time in our sole discretion. Please report any objectionable information to us at firstname.lastname@example.org.
DYC Clever Living Club Specific Terms
In addition to the General Terms set out above, to the extent you are a member of, or apply to be a member of, the DYC Clever Living Club the following specific terms also apply.
- Becoming a Member of DYC Clever Living Club: You can only become a member of DYC Clever Living Club (“Member”) by signing up online at either of the following Websites www.cleverliving.co.nz or www.dycvinegar.co.nz. To become a member you must register your details with us, including your name, address and email address. (An email and physical street address may only be used once when signing up at these Websites.) By becoming a Member you agree to be bound by these terms. If you do not agree to these terms you cannot become a Member.
- Right to Refuse: We reserve the right to refuse any application for membership for any reason. We may remove a Member at any time where a Member appears to have breached the terms or behaved in a manner which we consider inappropriate, misleading or abusive.
- Cancelling your Membership: You may cancel your membership at any time by emailing us at email@example.com or clicking the unsubscribe button on emails from us in relation to DYC Clever Living. Upon cancellation of your membership you will cease to be entitled to any DYC Clever Living Club benefits.
- Keeping your membership details up to date: You must keep us informed of any changes to your personal or membership details. You can update your membership details at any time by emailing us at firstname.lastname@example.org. We will not be responsible for any loss of benefits resulting from your details being out of date or inaccurate.
- Cancellation of the DYC Clever Living Club: We reserve the right to terminate the DYC Clever Living Club or vary the terms and conditions of membership, including varying or terminating special offers at any time. If we terminate the DYC Clever Living Club or change these membership terms we shall take reasonable and appropriate steps to make you aware of such termination or changes. If we change these terms and you do not agree to the terms as amended, you are free to cancel your DYC Clever Living Club membership in the manner referred to above.