1. Overview

Farmlands  Co-Operative Society Limited (referred to as “Farmlands ” “Farmlands Co-Operative”, “we”, “our”, or “us”) is committed to protecting the privacy of any personal information you (referred to as “you” or “your”) may provide us whether in person, via our website(s) or by any other means you interact with us. "Third party" includes any agent or contractor of us or of any of our related bodies corporate, and any person engaged by us, in the creation, provision or maintenance of the website.

By using this website you are subject to our Terms of Use, and our Privacy Policy. If you do not accept, these Terms of Use, or our Privacy Policy, you must refrain from using our website(s) or making a purchase from our website(s).

Access to MyFarmlands is restricted to authorised users only. Unauthorised users may be subject to criminal or civil prosecution under the laws of New Zealand or under the laws of the country from which unauthorised access took place. If you are under the age of 18 years you cannot register for our Website. By accepting these Terms of Use you confirm you are over the age of 18 years.

You can register as an Online Account Holder and the details we capture as part of the registration process will be saved by us. While registering you can consent to receiving Promotional Material from us by email on an ongoing basis. Such material may include, but is not limited to, exclusive offers, giveaways, competitions, product releases, events.

If you are a Farmlands shareholder or holder of a Farmlands Card and there is any inconsistency between these MyFarmlands Terms and the Farmlands Shareholder Terms and Conditions, then the Shareholder Terms and Conditions will apply.  

2. Disclaimer

We make no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in our website(s) or to its availability, functionality or performance, except as otherwise provided under any applicable law.

We do not, nor do our employees, agents, suppliers, card partners or other representatives, accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside our control), which you may directly or indirectly suffer in connection with your use of our website(s) or any linked website(s), nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, our website(s). To the maximum extent permitted by law, we disclaim any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of our website(s) or the information that it contains.

The use of the information on our website(s) is at your own risk. To the extent permitted by law, we exclude all liability of us, our employees, agents, suppliers, card partners, and other representatives in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on our website(s) or provided through our website(s) through electronic mail. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third-party claims. If any liability is not able to be excluded by law, we limit our liability to the re-supply of the relevant information or services.

You agree to indemnify us, our employees, shareholders, agents, suppliers, card partners, and other persons involved in the creation of our website(s) from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of our website(s), any information that you provide to us via our website(s) or any damage that you may cause to our website(s). This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trademark infringement and breaches of the Fair Trading Act 1986.  

3. Changes to these Terms

We may, from time to time, add or remove information, products or services from our website(s) without notice.

We reserve the right to amend these Terms at any time without notice, and we may terminate your access to our website(s) at any time without notice. Your continued use of our website(s) will represent an agreement by you to be bound by the Terms as amended. We recommend you review theses terms for amendments each time you use the website. Where your access to our website(s) is terminated, all disclaimers and limitations of liability set out in these Terms will survive.  

4. Online Payments

You can make payments on our Website(s) using our online Card transaction facility. We do not store your Card Information when you make a payment to your account online but we will use the account details provided by you to reconcile the payment with your shareholder or cardholder account. We use the secure Hosted Payment page solution from Adyen to process account payments. Customers can see their Cards being authorised in real time, in a Secure Socket Layer (SSL) protocol secure environment. Your Card details will be used only to fulfil the transaction between us or as otherwise authorised by you or permitted by law.

No refunds will be made on online payments.  

5. Applicable Laws

Our website(s) and these Terms shall be governed by, and construed in accordance with, the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to our website(s) or these Terms. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand and agree that the courts of New Zealand are a convenient forum in which to resolve any dispute arising in relation to our website(s) or these Terms.

The information contained on our website(s) has been prepared in accordance with New Zealand law and may not satisfy the laws of any other country. We make no representations, warranties, or guarantees as to whether or not the information or products available from our website(s) are appropriate or available for use in other countries. If you choose to access our website(s) from outside New Zealand, you are responsible for compliance with applicable local law.  

6. Severability

If any provision of these Terms are found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms, which will continue in full force and effect.  

7. Consumer Guarantees Act

Nothing in these Terms is intended to avoid the provisions of the New Zealand Consumer Guarantees Act 1993 (“CGA”) except to the extent permitted by the CGA or to exclude liability arising under any other statute. If and to the extent that such liability cannot be lawfully excluded, these Terms shall be modified to the extent necessary to give effect to the above intention. If you are acquiring goods or services from us for the purposes of a business, you agree that the guarantees provided in the CGA shall not apply. We do not provide any express guarantees (as that term is defined in the CGA) other than those expressly confirmed in these Terms.  

8. Electronic Transactions

You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of Part 4 of the Contract and Commercial Law Act 2017. You consent to receive electronic messages and information sent by us (or on our behalf) for any purposes described in our Privacy Policy. You agree, pursuant to section 11(2) of the Unsolicited Electronic Messages Act 2007, that the person sending any such message need not include a functional unsubscribe facility in that message.  

9. Businesses

If you are acquiring goods [or services] from Farmlands for business purposes (as per sections 2 and 43 of the CGA) you agree that it is fair and reasonable that the provisions of the CGA will not apply to the supply of those goods [or services].  

10. Contact

Where you have an issue relating to your account, please immediately contact the Customer Service Team on 0800 200 600 or ask@farmlands.co.nz.   

11. Privacy

We understand you own not only Farmlands Co-operative but your data as well. Farmlands collects all shareholder data through a global-leading platform from Microsoft. We use your data to help us understand your business better, which leads to better service. Personal data is collected when you use our website, our services and our technology. These privacy terms, together with the terms set out in our Privacy Policy, apply to all your personal data that we collect from you or other sources.   

If you use the MyFarmlands portal to update your contact details or other information, and there are any errors in the information you provide, we do not accept any liability any resulting communication failures, whether relating to statements, notices or other correspondence with you. When it comes to your data:

• We will not share your data with anyone else unless you have agreed or opted into doing so.
• You have the right to view what data we have belonging to you. If you believe this data to be incorrect you can request to have it updated.
• We use your data to help us improve our service to you and other Farmlands shareholders.
• We will explain what data we collect when you visit our website, use our farm management software or when you interact with your co-operative.
• We can tell you who we could share data with and when this could possibly occur.
• We are happy to explain how the data is collected and how you can stop this from occurring.
• We can tell you how we keep your data secure.
• You can lodge a complaint if you are unhappy with our actions regarding your data.
• We can explain the different types of data and who owns it.

Farmlands is committed to – and abides by – the principles and practices set out in the Privacy Act 2020. This document explains how we ensure the security and accuracy of your personal data. You are at the centre of everything we do and protecting your data is paramount to us. The terms stated below apply to our collection, use and sharing of personal data. This document works in conjunction with Farmlands’ other Terms and Conditions. When you visit our website Your information helps us measure the number of visitors to different parts of the site and for different purposes connected with the provision of goods or services. For example, we can measure the effectiveness of advertising, auditing the use of the site and improving it for different customer profiles, internal reporting and general system administration. Although we publish aggregated information about usage patterns, it does not include information about individual machines (your computer) or persons (you), unless it is one of the reasons listed under the heading “How we use your data” in the Farmlands Privacy Policy. If we are concerned about security issues, we may gather more data and if necessary, we can disclose information to relevant law enforcement authorities, such as the Police or the Department of Internal Affairs. Use of Cookies for advertising and analytics Our website places a “cookie” on the hard drive of your computer. In addition, our website uses third party cookies from Google Analytics for Display Advertisers, including the following features:

• Google Display Network Impression Reporting – gives us additional insight into who has viewed our paid digital advertising on other websites. This helps create more effective advertising, saving shareholders money.
• DoubleClick Platform integrations and Remarketing with Google Analytics – integrating both our web analytics and paid advertising platforms allows us to further tailor our advertising, making sure you see the right types of offers for you requirements, when you are using the internet outside our website.
• Google Analytics Demographics and Interest Reporting – gives us insight into behaviour, demographics and interests on an anonymous and aggregate level. This means we can better understand the interests of people by age and gender, meaning shareholders see products that benefit them when visiting our sites.

Cookies are used to analyse your use of our website and to serve ads when you visit our website. The information we collect and share with third parties through cookies is aggregated and therefore anonymous (it does not include personal data likely to identify you). The information may be used to serve you ads in relation to our products when you visit our website and third-party websites. Google's privacy policy may also apply when you visit our website. You can access information about Google's Privacy Policy here. While we recommend users enable cookies on their browsers in order to enjoy all the features of our websites, the decision remains in your hands. If you make a purchase from www.shop.farmlands.co.nz you will be required to enable them. Most browsers allow you to control management of cookies, this will be different depending on each user's PC – refer to your browser help menu for further information. Data, Cloud and Website Security We will take all practical and sensible steps to protect your personal data from misuse, loss and from unauthorised access, modification or disclosure. Your personal data is housed in our Microsoft Azure cloud hosted, an enterprise-grade platform with high availability and good practice security protocols. Farmlands retains full responsibility for the management of this platform. Farmlands uses industry standard encryption protocols and enterprise-grade cyber security systems, which have been tested. When signing in or shopping online, look for the 'padlock' symbol at the bottom of your web browser. The 'padlock' symbol is a certificate of authenticity and ensures the site is secure. You can double-click the padlock symbol to view the certificate's details.

For more detailed information regarding our privacy policies, please refer here.