FARMLANDS APPLICATIONS TERMS OF USE & PURCHASE (“Terms”)

Important: Please read the terms and conditions before continuing. By downloading, installing or using a farmlands mobile application whether via a mobile device or through a website you agree to be bound by these Terms.

Farmlands Co-operative Society Limited (referred to as “Farmlands ” “Farmlands Co-Operative”, “we”, “our”, or “us”) and each User of a Farmlands App as defined herein (referred to as a “User” or “You” or “Your”)

1. APPLICATION OF THESE TERMS

1.1. These Terms govern the use of applications or websites located at www.farmlands.co.nz, MyFarmlands that are made available by Farmlands customers for use on any devices that are compatible with those applications ("mobile device"), including associated software components, media, printed materials, and online or electronic documentation (each a "Farmlands App” and collectively “Farmlands Applications"). Any reference to Farmlands Apps must be read as including a reference to data, information, services, goods and content made available through a Farmlands App.

1.2. These Terms apply to any individual or other person who accesses or uses the services, including, without limitation, any organisation that registers an account or otherwise accesses or uses the services through its respective employees, agents, or representatives, (each a “User”)

1.3. These Terms work in conjunction with Farmlands other Terms and Conditions as listed on https://www.farmlands.co.nz. If You do not agree these Terms, You must not download, install or use a Farmlands App.

2. REGISTRATION/ACCESS

2.1. If You access, install or use a Farmlands App, access or use any information, function, feature or service made available or enabled by Farmlands click or tap a button or take similar action to signify your affirmative acceptance of this Agreement or complete the account registration process, You represent and warrant that:

a) You have read, understood and agree to be bound by these Terms and any future amendments and addition to these Terms as published from time to time at: https://www.farmlands.co.nz

b) You have the authority to enter into this agreement personally and/or, if applicable, on behalf of any organisation for whom you have created an account or been named as the User during the MyFarmlands account registration process.

c) You have not provided and will not provide your account or login details to any third party or party who is not an authorised person on Your Farmlands account.

2.2. The information submitted by the authorised users during the registration process and use of the Farmlands App will be retained by Farmlands and used in accordance with its privacy terms set out in Farmlands Website Privacy Policy. The authorised users agree that Farmlands may use any personal information obtained about the authorised users via a Farmlands App any purpose associated with the provision of, or their use of, the Farmlands App.

2.3. Where use of a Farmlands App requires an initial registration using MyFarmlands (including the login ID and password), the MyFarmlands Terms apply. These can be viewed on MyFarmlands Terms & Conditions.

2.4. Farmlands reserves the right to amend or withdraw a Farmlands App at any time and for any reason.

3. PURCHASE OF GOODS AND SERVICES THROUGH A FARMLANDS APP

3.1. A Farmlands App may offer or facilitate the purchase by You of goods and/or services from Us. The specific goods and/or services available to You may vary based on the delivery or pickup address that You have selected. A certain function, feature, good or service available to one user may not be available to all users or at all times, and may only be available in the latest version of an application.

3.2. Where a Farmlands App offers the ability to order and purchase Goods and Services (Purchases) for collection from a Farmlands store or other agreed location or delivery to an address nominated by You. You acknowledge that:

3.2.1. All purchases confirmed by a user via the Farmlands App either through clicking a button or ticking a box. Your signature is not required to conclude a valid order. All transactions will be processed through Your Farmlands Account and/or Card and are subject to Farmlands Account and Card Terms and Conditions which can be accessed via our website on www.farmlands.co.nz.

3.2.2. Your identity and authority to transact on the Account or Card is authenticated through the MyFarmlands logon process, or such other login process permitted through a Farmlands App.

3.3. Returns and Refunds shall be processed in accordance with Farmlands Refund and Return Policy.

3.4. FarmlandsPRO offers free delivery on orders exceeding $500 (plus GST). Some exclusions apply to large products or products delivered direct from the supplier. Any orders under $500 (plus GST) will incur delivery charges, which will be calculated and added during the order processing.

4. SECURITY & DATA

4.1. You must exercise every possible care to ensure the safety of the mobile device used to register the Farmlands App, including taking all reasonable care to prevent loss, theft or fraudulent use of their mobile device, including but not limited to ensuring they do not leave it unattended and do not let anyone else use it. Farmlands recommends that the authorised users set up a PIN, password or other lock function to lock their mobile device and always activate it when the device is left idle or unattended.

4.2. Information about the authorised users (whether provided by the authorised users or by participating parties) will be collected and held by Farmlands. This information will be used by Farmlands, and its agents to provide services relating to the mobile app. Information from the database will also be used by Farmlands, and its agents, for, but not limited to, marketing purposes, planning, product development and research.

4.3. Each User consents to the collection and use of their personal and other information in the manner set out above and the disclosure of such information to Farmlands agents for the purposes of operating its mobile app. Information about the authorised users may be disclosed to Farmlands agents or participating parties if deemed necessary by Farmlands subject always to Our Privacy Policy. Users may, under the provisions of the Privacy Act 2020 request access to and correction of their personal information held by Farmlands. These requests must be in writing. Any personal information supplied by the authorised users to Farmlands when using the Application will be used by Farmlands in accordance with its website Privacy.

5. PROPRIETARY RIGHTS AND LICENCE

5.1. All trademarks, copyright, database rights and other intellectual property rights of any nature in the Farmlands App together with the underlying software code are owned either directly by Farmlands or by Farmlands licensors.

5.2. Farmlands (and its licensors) own all intellectual property rights in Farmlands Apps. Farmlands Apps are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Farmlands Apps are not sold to the authorised users – they are each licensed subject to these Policy (Click here to view Privacy Policy)

5.3. Terms. Farmlands hereby grants the authorised users a non-exclusive, royalty-free revocable licence to use the Farmlands App for their business and personal use in accordance with these Terms.

6. CONDITIONS OF USE

6.1. You will not, nor allow third parties on their behalf to:

6.1.1. Make and distribute copies of a Farmlands App.

6.1.2. Attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Mobile App; or

6.1.3. Create derivative works of the Farmlands App of any kind whatsoever.

6.1.4. use or attempt to use another User’s account, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the services.

6.1.5. directly or indirectly create or compile, or attempt to create or compile, any content or collection, compilation, or other directory from any content displayed through the services except for your personal, non-commercial use.

6.2. You will keep secure and confidential your account password and any other login or identification credentials  you use to access the Services.

6.3. You will use a Farmlands App and services only for your own use and will not directly or indirectly resell, license, or transfer a Farmlands App or content displayed through the Farmlands App to a third party.

6.4. Each User acknowledges that the terms of agreement with their respective mobile network provider ('Mobile Provider') will continue to apply when using a Farmlands App. As a result, You may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing a Farmlands App or any such third-party charges as may arise. You are responsible for any such charges that arise. If You are not the bill payer for the mobile telephone or device being used to access a Farmlands App, You confirm that you have received permission from the bill payer for using the Farmlands App.

7. AVAILABILITY

7.1. Farmlands Apps are available to handheld mobile devices running Apple iOS(Operating System) and Android OS and may also be available through our website. Farmlands will use reasonable efforts to make the Farmlands App available at all times. However, You acknowledge a Farmlands App is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside Farmlands' reasonable control.

7.2. Farmlands, its group of companies and sub-contractors do not accept any responsibility whatsoever for unavailability of a Farmlands App, or any difficulty or inability to download or access content or any other communication system failure that may result in the Farmlands App being unavailable.

7.3. Location data provided by any Third Party Materials and websites is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage.

8. SYSTEM REQUIREMENTS

8.1. In order to use a Farmlands App, You are required to have a compatible mobile telephone or handheld device, internet access and the necessary minimum specifications ('Software Requirements').

8.2. The Software Requirements are as follows: Apple iOS devices, and Android OS devices.

8.3. The version of the Farmlands App software may be upgraded from time to time to add support for new functions and services.

9. TERMINATION

9.1. Farmlands may terminate use of the Farmlands App at any time by giving notice of termination to You. Upon termination,

(a) The rights and licenses granted to the Users herein shall terminate;

(b) The Users must cease all use of the Software.

10. LIMITATIONS OF LIABILITY

10.1. In no event will Farmlands be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages whatsoever arising out of your use or access to the Farmlands App, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.

10.2. Farmlands is not liable to the authorised users for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Farmlands App.

10.3. Farmlands is not liable for the data usage or changes incurred by using this mobile app.

10.4. Nothing in these Terms shall exclude or limit Farmlands' liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited under applicable law.

11. CONSUMER GUARANTEES ACT

Nothing in these Terms shall affect any right the authorised user may have under the New Zealand Consumer Guarantees Act 1993.

12. THIRD PARTY CONTENT

The Farmlands App may display, include or make available content, data, information, applications, services or materials from third parties or provide links to certain third party websites ("Third Party Materials and Websites"). By using the Farmlands App, the authorised users acknowledge and agree that Farmlands is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials and websites. Farmlands does not warrant or endorse and does not assume and will not have any liability or responsibility to the authorised users or any other person for any Third Party Materials and Websites. Third Party Materials and Websites are provided solely as a convenience to the authorised users. Neither Farmlands, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of any information, including financial information or location data displayed by Third Party Materials and websites.

Farmlands makes no representation that such Third Party Materials and Websites are appropriate or available for use in any particular location. To the extent the authorised users choose to access such Third Party Materials and websites, The authorised users do so at their own risk and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Farmlands reserves the right to change, suspend, remove, or disable access to any Third Party Materials and websites at any time without notice. In no event will Farmlands be liable for the removal of or disabling of access to any Third Party Material and websites. Farmlands may also impose limits on the use of or access to certain Third Party Materials and websites without notice or liability.

13. DISCLAIMER OF WARRANTIES

To the maximum extent permitted by law and for the avoidance of doubt, Farmlands hereby disclaims all implied warranties with regard to the Farmlands App. The Farmlands App and software are provided "as is" and "as available" without warranty of any kind including but not limited to any warranties of accuracy, merchantability, non-infringement, or fitness of a particular purpose. Farmlands does not warrant or assume responsibility for the accuracy or completeness of any data, information, content, text, graphics, links or other items contained within or made available through the Mobile App. Farmlands makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer programme.

14. APPLICABLE LAW

These Terms are governed and to be construed by the laws of New Zealand and the Users accept that New Zealand courts have non-exclusive jurisdiction to deal with any dispute, litigation or other matter relating to these Terms or the Farmlands App.

15. SEVERABILITY

If at any time any provision of these terms is or becomes illegal, invalid or unenforceable in any respect, that provision shall be read down to become legal, invalid or unenforceable or, if this is not possible, deleted. The remaining terms shall continue to apply with full force and effect.

16. APPLE

Where the authorised users download, install or use the Farmlands App on an Apple mobile device, the authorised users acknowledge that:

a) These Terms are between Farmlands and the User and not Apple; and

b) Apple has no responsibility or liability in respect of any matter relating to the Farmlands App, including the authorised users use or possession of the mobile app.

c) Farmlands and the Users agree that Apple and any Apple subsidiary are third party beneficiaries of these Terms and that Apple has the right to enforce these Terms against the authorised users as a third party beneficiary.

d) The authorised users represent and warrant that they are not located in a county that is subject to a US Government embargo, or that has been designated by the US Government as a terrorist supporting county and the authorised users are not listed on any US Government list of prohibited or restricted parties.

17. VARIATION

Farmlands may in its absolute discretion change these Terms at any time by publication of the amended terms on its website www.farmlands.co.nz. The change will take effect from the time specified by Farmlands in the notice or on its website (as the case may be).