Terms of Use
General
By accessing or otherwise using www.birdandbarrow.co.nz (“Bird & Barrow Website”) you agree to be bound by these terms of use and you acknowledge that Van Den Brink Poultry Limited (“Bird & Barrow”) provides the Bird & Barrow Website to you on these terms of use. Bird & Barrow is entitled at its sole discretion to change, modify, amend, add or remove any part of these terms of use and to change, amend or delete any features of the Bird & Barrow Website at any time without notice. Your continued use of the Bird & Barrow Website after this time constitutes an agreement by you to abide by and be bound by these terms of use, as so amended.
Intellectual Property Protection
Bird & Barrow owns all copyright and intellectual property in the Bird & Barrow Website, unless indicated otherwise. Subject to these terms of use, Bird & Barrow grants to you a non-exclusive and non-transferable limited license to do the following:
- View and download information directly accessible through the Bird & Barrow Website.
- Use information directly accessible through the Bird & Barrow Website.
- You agree that, subject to your use of the Bird & Barrow Website in accordance with the limited license granted to you, you will not infringe Van Den Brink Poultry Limited’s intellectual property in the Bird & Barrow Website and will not modify, copy, republish, frame, distribute or communicate any part of the Bird & Barrow Website or any information, images contained therein or otherwise use them in a way which will infringe Van Den Brink Poultry Limited’s intellectual property or other property rights.
Disclaimer
Except as provided by law, the Bird & Barrow Website is provided “as is” and without any warranty or condition, express or implied. Bird & Barrow does not warrant that any advice, opinion, statement, representation or other information displayed, contained in or accessible through the Bird & Barrow Website is accurate, complete, suitable for your purposes or without errors, omissions or viruses.
Bird & Barrow reserves the right to discontinue or change any of the information on this site at any time without notice.
Subject to applicable laws, Bird & Barrow disclaims and excludes liability for any claim, loss, demand or damages of any kind whatsoever (including for negligence) arising out of or in connection with the use of either this website or the information, content or materials included on this site or on any website to which it is linked.
Bird & Barrow makes no guarantee, warranty or representation, expressed or implied, as to continuity of service, uninterrupted or secure access and reserves the right to suspend, terminate or otherwise alter access to some or all of the Bird & Barrow Website’s services at any time and without notice. You acknowledge that access and use of the Bird & Barrow Website (including the software operating in connection with the Bird & Barrow Website) may be interfered with by numerous factors outside of Van Den Brink Poultry Limited’s control.
Use of Information
If you upload or otherwise provide any information or content (“Content”) in the course of accessing or using the Bird & Barrow Website, you agree that such Content will be available to Bird & Barrow to use in any manner it thinks fit, subject to applicable provisions of any legislation including (without limitation) privacy legislation. You agree that you will not upload or otherwise provide any Content which:
- is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortuous, vulgar, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent, degrading; or
- infringes the intellectual or other proprietary interests of third parties; or
- impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services Bird & Barrow considers to be inappropriate; or
- contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Bird & Barrow Website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Bird & Barrow Website or otherwise breaches or encourages other users to breach these terms of use; or
- violates any law, statute or regulation; or
- forges information to disguise the origin of any Content; and
- encourages or incites any other Customer to engage in any of the above behaviour.
You agree to grant Bird & Barrow a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright you have in any Content, in all media now known or not currently known. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that Content in our favour.
Limitation of Liability
You agree that Bird & Barrow is not liable to you or anyone else for any loss or damages (including direct, indirect, special or consequential loss) arising out of or in connection with the use of the Bird & Barrow Website, the use by Bird & Barrow of information provided by you to Bird & Barrow through the Bird & Barrow Website or any such loss or damage which may arise should you be unable to access the Bird & Barrow Website, for whatever reason and however arising, including negligence.
You indemnify Bird & Barrow against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to:
- your breach or non-observance of any term of these terms of use; or
- any breach or inaccuracy in any of your representations or warranties.
Links
You must not establish links on any other website to the Bird & Barrow Website or any other part or parts of the Bird & Barrow Website without the prior written consent of Bird & Barrow and Van Den Brink Poultry Limited.
Breach and Termination
If you breach any provision of these terms of use Bird & Barrow may immediately issue a warning, temporarily suspend or permanently prevent your access to all or certain parts of the Bird & Barrow Website. In any event, Bird & Barrow may terminate these terms of use (and your right to use the Bird & Barrow Website) at any time and for any reason without prior notice to you.
No Agency
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and Bird & Barrow by these terms of use.
