QCONZ Freshwater Farm Plan System and Website

These terms and conditions apply to the use of the QCONZ Freshwater Farm Plan (FWFP) System and Website. In using this system and website, you agree to be bound by these terms and conditions and the privacy policy within. If you do not accept these terms and conditions, and the privacy policy, you must uninstall the QCONZ Freshwater Farm Plan System.  Alternatively, you may revoke at any time by deleting your organisations QCONZ Freshwater Farm Plan account.

TERMINOLOGY

In these terms and conditions, the expressions “we”, “us” and “our” are a reference to QCONZ Ltd.

“System” refers to the QCONZ Freshwater Farm Plan System including the QCONZ Freshwater Farm Plan web portal and its database.

“You” and “Your” refers to any user of the QCONZ Freshwater Farm Plan System, including your agents, employees and business partners and includes any corporate structure accessing information from the QCONZ Freshwater Farm Plan System.

AMENDMENTS TO TERMS AND CONDITIONS

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on the system, and/or website, and/or to the email address associated with Your account. Your continued use of the System and Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

DISCLAIMER

We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this system or any linked website.

To the maximum extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is hereby excluded. You confirm that You are in trade, are using the QCONZ Freshwater Farm Plan System trade for the purposes of the Consumer Guarantees Act 1993 (“CGA”) and Fair Trading Act 1986 (“FTA”) and that:

(a) the warranties implied by the CGA are excluded to the maximum extent permitted by law; and

(b) We will not be liable in any circumstances in respect of a breach by us of any of sections 9, 12A, 13 or 14 of the FTA.

Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the system of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to supplying the same or similar QCONZ Freshwater Farm Plan system services.

We shall in no circumstances be liable for economic or consequential losses.

EXCEPTION TO DISCLAIMER

The disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

Should any of the conditions in these terms and conditions or any part of them be held by a Court to be ineffective by virtue of non-registration, illegality or otherwise such conditions or part of it shall be severed from the rest without affecting the validity or enforceability of all other conditions or part of them.

SPECIFIC WARNING

You must ensure that your access to this website is not illegal or prohibited by laws that apply to you.

You must take your own precautions to ensure that the process, which you employ for accessing this website, does not expose you to the risk of viruses, malicious computer code or other forms of interference, which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system, which arises in connection with your use of this website or any linked website.

Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy, or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material, which is made available to you.

Responsibility for the content of advertisements (if any) appearing on this website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers.

The placement of such advertisements (if any) does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.

COPYRIGHT

You’re not allowed to copy, or modify the software, any part of the system, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the system, and you also shouldn’t try to translate the system into other languages, or make derivative versions. The system itself, and all the trademarks, copyright, database rights and other intellectual property rights related to it, still belong to QCONZ LTD.

Copyright in this website (including text, graphics, logos, icons, sound recordings, and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1994 and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

(a) Adapt, reproduce, store, distribute, print, display, perform, publish, or create derivative works from any part of this website; or

(b) Commercialise any information, products or services obtained from any part of this website;

(c) Without our written permission.
© Copyright 2022 QCONZ LTD.

TRADEMARKS

Except where otherwise specified, any word or system to which is attached the TM or ® symbol is a registered trademark.

If you use any of our trademarks in reference to our activities, products, or services, you must include a statement attributing that trademark to us. You must not use any of our trademarks:

– in or as the whole or part of your own trademarks;

– in connection with activities, products or services which are not ours;

– in a manner which may be confusing, misleading or deceptive;

– in a manner that disparages us or our information, products, or services (including this website).

LINKED WEBSITES

The QCONZ Freshwater Farm Plan system website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.

Our links with linked websites should not be construed as an endorsement, approval, or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products, or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

SYSTEM UPDATES

QCONZ is committed to ensuring that the system is as useful and efficient as possible. For that reason, we reserve the right to make changes to the system or to charge for its services, at any time and for any reason. We will never charge you for the system or its services without making it very clear to you exactly what you’re paying for.

At some point, we may wish to update the system. The system is currently available on web browser.  The requirements for the system may change due to regulations, and updates to the system will be automated for the benefit of users. It is Your responsibility to keep your browser up to date to ensure the proper functionality of the system.

SECURITY OF INFORMATION

The QCONZ Freshwater Farm Plan system stores and processes personal data that you have provided to us, in order to provide our Service. It’s the User’s responsibility to keep access to the system secure.

All information is securely stored on the QCONZ server. We take reasonable steps to protect your information from misuse, loss, interference, and from unauthorised access, modification, or disclosure.  Please refer to the Privacy Policy

We use Stripe to process credit card transactions and secure payment information. Credit card numbers are never transmitted to QCONZ systems and therefore cannot possibly be stored or revealed.

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 that you transmit to us. Accordingly, any information that 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 and/or password and identifier with any other person.

SYSTEM FUNCTIONALITY

 

You should be aware that there are certain things that we will not take responsibility for. Certain functions of the system will require the system to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but we cannot take responsibility for the system not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.

If you’re using the system outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third-party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e., region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the software/app, please be aware that we assume that you have received permission from the bill payer for using the software/app.

Along the same lines, we cannot always take responsibility for the way you use the system i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, we cannot accept responsibility.

With respect to our responsibility for your use of the system, when you’re using the system, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. QCONZ accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the system.

PRIVACY

Please review our Privacy Policy here to read and understand our privacy practices: This Privacy Policy also applies to your visit to the QCONZ Freshwater Farm Plan system website. The terms and conditions of our Privacy Policy are incorporated herein and made part of this agreement.  Your use of the QCONZ Freshwater Farm Plan System also constitutes Your agreement to the Privacy Policy and confirmation that you have reviewed the same.

ONLINE ORDERS

All currency unless expressly stated otherwise is New Zealand dollars.

All prices are exclusive of New Zealand GST unless expressly stated otherwise.

All prices are exclusive of postage within New Zealand unless expressly stated otherwise.  An additional charge may be made for the cost of international postage.

International customers may be required to pay in addition to the price stated GST, VAT or another form of tax or tariff in order for the goods to be released at their border.  Any such additional cost shall be borne by you.

YOUR ACCOUNT

If you use this Service, You are responsible for maintaining the confidentiality of Your account and password, for restricting access to any devices by which You access the Service, and agree to accept responsibility for all acts and omissions that occur under Your account or password.  You may not assign or otherwise transfer Your account to any person or entity.  You acknowledge and agree that QCONZ Freshwater Farm Plan System is not responsible for third party access to Your account under any circumstances.

TERMINATION OF ACCESS

QCONZ reserve the right (but will not have an obligation) to refuse or cancel service, terminate accounts at any time by us without notice, or remove or edit content in our sole discretion.  Access to this website may be suspended or terminated at any time by us without notice.

Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the system, and (if needed) delete it from your device.

Our disclaimer and these terms and conditions will nevertheless survive any such termination.

GOVERNING LAW

The governing law shall be the laws in force in New Zealand. The parties submit to the jurisdiction of the New Zealand Courts.

These terms and conditions apply to the use of  this System. In registering to use this System you agree to be bound by these terms and conditions.

INTERNATIONAL USERS

This service is controlled, operated, and administered by QCONZ Ltd from our offices in New Zealand.  If you Access the Service from a location outside of New Zealand, You are responsible for compliance with all applicable law, restrictions, and regulations. You agree that You will not use the Service in any country in any manner prohibited by any applicable laws, restrictions, or regulations.