General
These Website Terms and Conditions of Use (“Terms”) govern your access to and use of this website and any other websites operated by, or on behalf of, Mainland Group Holdings Limited and its controlled entities (together, the “Group”). The Group owns and operates a portfolio of brands, including (without limitation): Mainland, Anchor, Anlene, Anmum, Fernleaf, Bega, Perfect Italiano, Fresh n Fruity and other current or future Group brands (each a “Brand Website”).
Unless stated otherwise on a specific Brand Website:
these Terms apply across all Brand Websites operated by the Group; and
by accessing or using this site or any Brand Website, you agree that your use is governed by these Terms.
Where a Brand Website publishes supplementary or product specific terms, those terms apply in addition to these Terms. In the event of any inconsistency, the supplementary terms will prevail to the extent of the inconsistency only.
References to “Mainland Dairy” “we”, “us” or “our” in these Terms mean the relevant Group entity responsible for the Brand Website you are using, as identified on that website, acting on behalf of the Group.
Mainland Dairy reserves the right to vary these Terms at any time. Using a Brand Website after the Terms have changed means you accept the changed Terms. If you agree to be bound by these Terms you may use the Brand Website, otherwise you should not.
The current version of the Terms will be maintained on the relevant Brand Website. You may not create a link from any other website to any part of a Brand Website, other than the homepage, without our prior express consent. If you link to a Brand Website, it is at your own risk.
Jurisdiction
Unless otherwise stated for a specific Brand Website, or in supplementary terms applicable to a particular country or region, these Terms are governed by the laws of New Zealand, and the courts of New Zealand have non-exclusive jurisdiction.
Certain Brand Websites are intended for use in specific countries or regions only. Those websites may include additional notices, disclaimers or legal requirements (including governing law) to comply with local laws. Such local terms apply in addition to, and where inconsistent prevail over, these Terms.
If you access a Brand Website from outside the relevant country or region, you are responsible for compliance with applicable local laws.
Intellectual Property
All intellectual property rights (including, without limitation, copyright and trademark rights) in all materials displayed or available on the Brand Website belongs to Mainland Dairy unless otherwise stated. If the owner of any material published on the Brand Website is not Mainland Dairy, your rights in respect of that material will be as defined by the copyright owner of the material concerned.
Unless otherwise stated, you are permitted to copy text published by Mainland Dairy on the Brand Website for your own non-commercial use only, provided you retain and display any copyright notice applying to the material. Individual items may have more specific terms and conditions associated with them, in which case those terms and conditions will apply to that item in place of this general permission.
Except as set out above, all rights to the Brand Website (including rights in text, graphics, selection, arrangement and overall website design) are reserved and no right or licence is granted or implied under any copyright, patent, trademark or other intellectual property right of Mainland Dairy or any other party as a consequence of the publication of any material on the Brand Website. No material from the Brand Website (except for media releases published in the Newsroom) may be reproduced, adapted or distributed, in whole or in part, or on any media without written permission (which includes email) from Mainland Dairy.
Limitations on Access
Except as otherwise expressly permitted by Mainland Dairy, any access or attempt to access other areas of the Mainland Dairy computer system or other information contained on the system for any purpose is strictly prohibited. You agree that you will not use any robot, spider, other automatic or manual process or device to “screen scrape”, monitor “mine”, or copy web pages on the Brand Website or the content contained therein without Mainland Dairy’s express written permission. You will not spam any other user of the Brand Website for any reason. You agree that you will not use any devices, software or routine to interfere or attempt to interfere with the proper working of the Brand Website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Mainland Dairy’s infrastructure. You may not use framing techniques to enclose any Mainland Dairy trade mark, logo, trade name or other proprietary information, including images, frames, content, or layout/design found on any page of the Brand Website without Mainland Dairy’s express written consent.
Disclaimer
Mainland Dairy endeavours to ensure that the information on the Brand Website is accurate and current but does not accept liability for any error or omission. Your use of the Brand Website is at your own risk.
The materials, products and information in, or available through, the Brand Website are provided “as is” and “as available”. All warranties, whether express or implied, as to the accuracy or completeness of the information contained on the Brand Website or in respect of any products or materials referred to on the Brand Website are excluded to the fullest extent permitted by law.
Links on the Brand Website may lead to other websites and some information on the Brand Website may be provided by third parties. Mainland Dairy accepts no responsibility for the currency or accuracy of such information. You should verify such information with those third parties directly.
Inclusion on the Brand Website of any link to another website, or any reference to any product or service by trade name, trade mark, manufacturer or otherwise does not constitute or imply an endorsement or recommendation by Mainland Dairy. Access to other sites linked to the Brand Website is at your own risk, and we disclaim all liability with regard to your access to such linked Brand Websites. While we try very hard to keep information and materials on the Brand Website secure and confidential, we are not responsible for any breach of security which is out of our control. We do not warrant that the Brand Website is completely secure.
Health Disclaimer
The information (including, without limitation, advice and recommendations) and services on the Brand Website are intended solely as a general educational aid and are neither medical nor healthcare advice for any individual problem nor a substitute for medical or other professional advice and services from a qualified healthcare provider familiar with your unique facts and health background. Always seek the advice of your physician or other qualified healthcare provider regarding any medical condition and especially before starting any new treatment. Nothing contained in the Brand Website is intended to be used for medical diagnosis or treatment. The information, services and products are provided with the understanding that neither we nor our suppliers or users are engaged in rendering legal, medical, counselling, or other professional services or advice. To the fullest extent permitted by law, we assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services, or other material on the Brand Website, or products available through the Brand Website.
Content Disclaimer
We do not and cannot in any way supervise, edit or control the way in which you or other users use the content, information or other material accessed through the Brand Website.
To the fullest extent permitted by law, we will not be held responsible in any way for the content, information or other material accessed or provided by means of the Brand Website. You are responsible for all content, information or other material that you upload, post, email or otherwise transmit, access or make available through the use of the Brand Website.
Postings
Where you post, upload, email or otherwise transmit any text, pictures, photographs or any other materials (“Content”) to the Brand Website, you acknowledge that such Content is available to be viewed by other visitors to the Brand Website. Statements made by you in such Content do not express Mainland Dairy’s views.
Without Limiting the Generality of the foregoing:
You must not use the Brand Website to transmit any unsolicited commercial e-mail, unsolicited bulk e-mail or deliberately send very large attachments to one recipient.
You may not attempt to gain unauthorised access to, or attempt to interfere with or compromise the normal functioning, operation, or security of any network, system, computing facility, equipment, data, or information. You may not use the Brand Website to engage in any activities that may interfere with the ability of others to access or use the Brand Website or the Internet
You may not use the Brand Website to monitor any data, information, or communications on any network or system without authorisation nor collect, or attempt to collect, personal information about third parties without their knowledge or consent.
Use of Information Supplied by you
All product or advertising suggestions or ideas, or other information communicated to Mainland Dairy through the Brand Website shall be treated as non-confidential and non-proprietary to you. All such information will become the exclusive property of Mainland Dairy for any purpose whatsoever, commercial or otherwise, without notice or compensation to you.
Consumer Guarantees Act
If you are a business using the Brand Website, then you agree that the provisions of the New Zealand Consumer Guarantees Act 1993 (or local legal equivalent) will not apply to your use of the Brand Website or your reliance on the Brand Website.
Mainland Dairy's Liability
In no event will Mainland Dairy be liable, in contract, tort (including negligence or breach of statutory duty) or otherwise for any:
damages (direct, incidental, special, consequential, indirect or punitive) of any nature whatsoever;
increased costs or expenses; or
loss of profit, business, contracts, revenues or anticipated savings, arising out of or in connection with your use of (or inability to use) the Brand Website, any linked website, or any material contained on them.
You agree that if we are held responsible for any damage or loss, Mainland Dairy's total liability to you for all damages, losses, and causes of action (whether in tort, including but not limited to negligence, contract, or otherwise) will not exceed the amount paid by you, if any, for accessing the Brand Website.
To the fullest extent permitted by law, we accept no responsibility for the compliance of the Brand Website or the information contained in it with the laws of any country other than New Zealand. You agree to indemnify and keep us indemnified against all damages, costs, losses (including, without limitation, loss of profits) and expenses of any kind, whether direct or indirect, which arise from or in connection with your access or use of the Brand Website, whether in tort, contract, equity or otherwise.
Use And Disclosure of Personal Information
Any collection or use of personal information through a Brand Website is governed by the applicable Privacy Statement and Cookies Statement, which are incorporated by reference and may reflect local privacy laws.
To view Mainland Dairy’s Privacy Statement and Cookies Policy, please visit mainlanddairy.com/en/privacy or www.mainlanddairy.com/en/cookie-statement
Severability
If any provision of the Terms is held to be invalid or unenforceable, in whole or in part, in any jurisdiction, that provision will be severed in that jurisdiction only, without affecting the validity of the remaining provisions.
Mainland Dairy Group Holdings Limited is a company registered in New Zealand with our registered office being at 109 Fanshawe Street, Auckland 1010, New Zealand.