Terms and Conditions

Terms & Conditions of Use

I. Acceptance of Terms and Conditions


Registration and use of this Premium Petfood Website are governed by the terms and conditions below. By using Premium Petfood you accept the terms described herein.

II. Intellectual Property Rights


Ownership

All contents, text, images, data, information and other material (‘Content’) displayed, available or present on this Website, including any intellectual property rights (including trademarks or copyrights, hereinafter ‘Intellectual Property Rights’), are the property of Premium Petfood or the designated owner and are protected by applicable intellectual property laws.

Authorized and Prohibited Uses

Users of this Website (hereinafter, ‘User’) may use this Website and download and print copies of the Content for only the intended purposes of this Website, so long as User complies with these terms and conditions and applicable laws.

No person may otherwise reproduce, sell, publish, distribute, modify, display, or use all or part of this Website or the Content without the prior written permission of Premium Petfood. 

Users will not infringe upon, dilute, remove or modify any Intellectual Property Rights or related proprietary notices contained in this Website. Users have the burden of determining the extent to which Content submitted by User is protected by applicable intellectual property laws.

Users authorise the placement and use of ‘cookies,’ software or data on User’s information system for purposes of this Website.

User Content

Any Content that Users submit to this Website or Premium Petfood except as detailed in the Website’s Privacy Policy will be deemed to be non-confidential and non-proprietary and may be disclosed through this Website or other trade organizations to unknown persons on a worldwide basis without control by Premium Petfood, including for browsing, downloading, printing and other uses by such other persons or entities. 

Users will not submit Content to this Website or Premium Petfood except for that which is fully authorized for purposes of this Website and these terms and conditions, and the user will not infringe upon any person’s Intellectual Property Rights. 

Premium Petfood shall have the royalty-free, perpetual, irrevocable, sublicensable, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, display, link to or use, in any form or media, any content that users submit to this Website or Premium Petfood. Any information submitted to Premium Petfood by users may be used by Premium Petfood for market research or similar purposes. Premium Petfood does not endorse any user, content, product or service that may appear on this Website.

III. Website and Registration Administration


Access Arrangements and Fees

User’s use of this Website shall be in accordance with any and all procedures, forms, formats, displays and operating times which may be determined, specified or modified by Premium Petfood in its discretion. Users are responsible for all software, hardware, interconnections, fees, expenses, costs and taxes for users to access or use this Website. Premium Petfood charges no fee at this time for using this Website, but reserves the right to impose or modify fees in connection with use of this Website at any time without liability. Premium Petfood shall endeavour to issue a general notice on this Website with regard to any imposition of fees or modifications to this Website.

Linking

No link shall be made to any page or frame of this Website except to the top page (https://premiumpetfood.co.nz). In addition, any link to this Website must be immediately followed by notice to Premium Petfood via e-mail at admin@PremiumPetware.co.nz. Moreover, in the event Premium Petfood deems User’s linking practices in relation to this Website to be inappropriate, Premium Petfood may provide notice to the user concerning removal or modification of the inappropriate link, and users agree to comply with any and all requirements of Premium Petfood relating thereto.

Authority of Website Administrator

Premium Petfood may in its discretion modify, edit, translate, suspend, restrict access to or terminate this Website, these terms and conditions, the Content or any link at any time without liability or prior notice. Premium Petfood may in its discretion terminate the browsing of, registration with and use of this Website by any User at any time without liability or prior notice for any reason, including for any breach of these terms and conditions.

Import/Export Control

User will not submit any Content to this Website or commit any act involving the transfer of information relating to any Content in violation of applicable import/export control, espionage or national security laws.

IV. User Requirements and Obligations


Compliance

User will comply with all applicable laws in connection with its use of this Website.

Unsuitable Content and Conduct

User will not engage in conduct or submit to this Website any Content or other material that is illegal, inaccurate, misleading, misappropriated, infringing, dilutive, defamatory, obscene, offensive, or otherwise objectionable. User will not cause damage, embarrassment or adverse publicity to Premium Petfood.

Functional Compatibility

User will submit only Content and material that is functionally and technically compatible with this Website. User will not damage, corrupt, tamper with or infect with a virus this Website, the Content or any information or telecommunication system of Premium Petfood.

User Cooperation and Notification

User will cooperate with all reasonable requests of Premium Petfood and will notify Premium Petfood promptly upon learning of any actual or suspected breach of these terms and conditions by User or unauthorized use or abuse of this Website.

Warranty Disclaimers, Limitations on Liability and Remedies

This Website contains as a convenience to user, Content, links and other information submitted by third parties over whom Premium Petfood has no control or responsibility, as well as translations thereof which Premium Petfood may arrange. Premium Petfood has no obligation to monitor, control or restrict the use of this Website. Moreover, Premium Petfood has no obligation to verify any Content submitted by a user or to provide any registration or other information concerning any Content. This Website its Content and its links are provided on an “as is” basis and are used only at the sole risk of user, to the fullest extent permissible by law. Premium Petfood disclaims all warranties, express or implied, of any kind, regarding this Website (including its Content, hardware, software and links), including as to fitness for a particular purpose, merchantability, title, non-infringement, results, accuracy, completeness, accessibility, compatibility, security and freedom from computer virus. Premium Petfood will not be liable for any damages or losses, including direct, indirect, consequential, special, incidental or punitive damages and lost profits, in connection with use of the internet, this Website, its Content or its links, however caused, whether in contract, tort, negligence, strict liability or otherwise, even if Premium Petfood has been advised of the possibility of such damages. Premium Petfood will not be a party to, and will have no responsibility or liability for, any transaction negotiated or arranged by a user arising in connection with this Website. The maximum liability of Premium Petfood will be limited to, in the sole discretion of Premium Petfood, either the (1) correction or deletion of any inaccurate Content or link; or (2) refund of fees for this Website received by Premium Petfood from user, if any of the above provisions in this section may not be enforceable in an applicable jurisdiction.

Indemnification

User will defend, indemnify and hold harmless Premium Petfood and its affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorneys fees, arising in connection with User’s use of this Website, online conduct, breach of these terms and conditions or dealings or transactions with other persons resulting from use of this Website. 

V. Miscellaneous


Separate Terms and Conditions

In connection with User’s use of Content contained in certain areas of this Website, it may be necessary for User to consent to policies or terms and conditions in addition to the terms and conditions set forth herein. In the event of a conflict between these terms and conditions and the terms and conditions of any other Premium Petfood website, the terms and conditions of such other Premium Petfood website shall supersede these terms and conditions.

Dispute Resolution; Applicable Law and Forum

With respect to any and all disputes arising out of or in connection with this Website or these terms and conditions, Premium Petfood and User agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. Premium Petfood has no obligation to become involved in any dispute between a User and any other person. This Website, these terms and conditions and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of New Zealand without regard to its conflict of law principles. The courts of New Zealand shall have exclusive jurisdiction to adjudicate any dispute arising in connection with this Website or these terms and conditions and any legal proceeding shall be initiated exclusively in the Christchurch District Court, to the maximum extent possible, and no later than one (1) year after the cause of action arises.

Users submit to the exclusive personal jurisdiction of the courts of New Zealand.

Modification of Terms and Conditions, Etc.

This is the complete agreement between the parties with respect to its subject matter and supersedes any prior agreement or communication. Premium Petfood reserves the right to modify these terms and conditions at any time without prior notice. Users continued use of this Website subsequent to Premium Petfood’s notice of modification of these terms and conditions shall constitute Users acceptance of the modified terms and conditions. If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, then the remaining provisions will remain in full force and effect. Users obligations pursuant to these terms and conditions shall survive termination of this Website, any use by user of this Website, any Content of users on this Website, or these terms and conditions.

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