1. Terms & Conditions

Terms & Conditions

Terms and Conditions for use of and conducting transactions through the Foodstuffs Group Of Companies eXchange Website (Foodstuffs eXchange)

Introduction

We welcome you to the Foodstuffs eXchange website.

Before you use this website there are a number of legal areas that we wish to bring to your attention. The conditions outlined in this document are not intended to be restrictive. They are provided to protect both you and us. These terms and conditions explain:

  • Your rights, responsibilities and obligations once you are registered for the Foodstuffs eXchange Website transactions.
  • Foodstuffs rights, responsibilities and obligations as provider of the Foodstuffs eXchange.
  • Important information on the use of the Foodstuffs Group of Companies eXchange Website and password security.

Your use of the Foodstuffs eXchange Website is to be in accordance with these terms and conditions, and the use of the eXchange Website signifies both your acknowledgement and acceptance of these terms and conditions. With this in mind, we ask you to please read them carefully before you use this eXchange Website.

You must access the Foodstuffs eXchange in the ways described in these terms and conditions and any amendment notices issued by us in the future. Notice to you may be advised in a number of ways, including by email to your last known email address, mail to your last known address or electronically via the Internet.

These Terms and Conditions are to be read in-conjunction with your existing Terms of Supply and Delivery that you have previously agreed to and signed on the standard Foodstuffs North Island Ltd, and, or Foodstuffs South Island Ltd account application forms.

Changes to these terms and conditions:

Foodstuffs reserve the right, at our discretion, to update or revise these Terms and Conditions and/or any other information contained in this Site at any time. Notice of any amendment will be posted on the Site but no specific or other notice will be given. Please check the Terms and Conditions periodically for changes.

Your continued use of the Website following the posting of those changes to the Terms and Conditions indicates your acceptance of those changes.

Definitions

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

"Site" and “Website” means the FOODSTUFFS-EXCHANGE.CO.NZ. This website name is currently occupied by the Foodstuffs eXchange Website.

“We”, “Us”, “Our”, “Foodstuffs”, “Foodstuffs Group of Companies” and "Foodstuffs (NZ) Ltd" means one or more of the following companies; Foodstuffs North Island Ltd, Foodstuffs South Island Ltd and/or Foodstuffs (NZ) Ltd, and/or any of our subsidiary companies and/or banner brands.

Introduction to the Site

This site is owned, maintained and operated by Foodstuffs group of companies. You acknowledge that you are aware of the contents of these terms and conditions.

Responsibilities

Your responsibilities are:

  • To conduct transactions in accordance with the instructions on this Site and not misuse the site in any way.
  • Advise Foodstuffs via our helpdesk as soon as practicable of any problems.
  • Specific problems with any order you receive via this website need to be communicated directly to the issuing buyer of your order.
  • That all persons accessing or using the Foodstuffs eXchange Website have assigned user identifiers and passwords.

Our responsibilities are:

  • To conduct transactions in accordance with the instructions on this Site and not misuse the site in any way.
  • Advise you as soon as practicable of any problems with your transactions.

Warranty and Guarantees

Any Warranty set out in your existing Terms of Supply applies.

The material and information provided in this Site is supplied upon the condition that you will make your own determination as to the suitability of the material and information provided on the site.

We will not be liable for any damages, losses or liabilities, including special or consequential damages, arising from the use of, or inability to use, the site, arising from any circumstances whatsoever (including negligence on the part of Foodstuffs North Island Ltd, and, or Foodstuffs South Island Ltd or any other party) and including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus or line failure.

Non-availability

This Site may not be continuously available for reasons that may include maintenance or repair.

Restrictions on Use

The material from this Site and other Sites owned, operated, licensed or controlled by us, or any of our related, affiliated, or subsidiary companies may not be copied, reproduced, distributed, modified, published, uploaded, posted, or transmitted in any way, without our prior written consent. You may not modify, distribute, or use any of the material contained in our Site for any purposes that directly violates our intellectual property rights.

The material contained within this site is copyrighted and protected by worldwide copyright laws and treaty provisions, and is provided for lawful purposes only.

It is the responsibility of the user to ensure that the authentication information given to them is not disclosed to any other party.

Foodstuffs may at its sole discretion restrict use of the eXchange Website. The supplier accepts responsibility for any disclosures made by them or users that they authorised.

Copyright

Unless otherwise specified all materials appearing on this site, including the text, site design, logos, graphics, icons and images, as well as the selection, assembly and arrangement (collectively defined as the "Marks") thereof, are proprietary to Foodstuffs, copyright © 2019 ALL RIGHTS RESERVED or other respective owners that have granted Foodstuffs the right and licence to use such Marks.

All software used on the Site is our sole property. Permission is granted to electronically copy and to print hard copy portions of this site for the sole purpose of conducting transactions with Foodstuffs.

Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without prior written permission of Foodstuffs is strictly prohibited.

Disclaimer

Although the information provided in this Site is presented in good faith and believed to be correct as of the date it was submitted, we make no warranties or representations about the accuracy or completeness of this Site, its content or the content of any other Web Site linked to or from this Site.

Terms of Agreement

This agreement will continue for a period of 12 months unless otherwise stated. This agreement will automatically be renewed at the end of the initial term unless terminated in accordance with each Foodstuffs company's standard terms of delivery and supply.

Transaction Disputes

If you dispute any transaction completed via the Foodstuffs Exchange Website, contact the relevant Foodstuffs Company, (from 8am to 5 pm, Monday to Friday) for assistance.

Our contact details can be found on the Contact page of this website.

Please provide with the following information:

  • Transaction reference number i.e. order number / invoice number 
  • Your Supplier name and Supplier number.
  • Type of transaction it was e.g. purchase order, advanced shipping notice, invoice etc.
  • Date of transaction

Applicable Laws

The governing law shall be New Zealand Law.

If you choose to access this Site from other locations you do so of your own initiative and are responsible for compliance with applicable local laws.

You may not use the materials in this Site in violation of New Zealand laws and regulations.

Unsolicited Email

You must not use the information contained in this site to send unsolicited bulk email.

Our site must not be referenced to or linked to in unsolicited email.

Permission to Access Data

You are given authority to access data contained for your company only.

Users do not have the authority to access, read or write data to any other company, commercial entity or enterprise location, except as required to process your own transactions.

Privacy

We have endeavoured to develop the Site to enable us to provide services to you while holding information privately, confidentially and securely. We use the information we collect to enable us to deliver the best service to you and enhance our Site.

Security and Use

The security of your username and password is your responsibility.

You must ensure that your password is kept secure and is only used by those authorised in writing to do so for the purpose of your business.

To the extent permitted by law, Foodstuffs will not be held responsible for any claim or loss that results directly or indirectly, from any unauthorised use or misuse of your username and password.

If you believe for any reason that your password could be known by someone else, or if you discover any unauthorised use of your username and/or password has taken place, you must change your password.

You should reconcile your business or financial records with your bank statements at least monthly so that your transactions via the Foodstuffs eXchange can be monitored. You should also initiate appropriate internal controls to minimise the risks of fraud.

By using this website you agree that you will not:

  1. choose a password that is easily able to be guessed or identified as relating to you, or is an obvious combination of letters and numbers (e.g. sequential numbers, birthdate etc);
  2. make your password known to any other person;
  3. keep any record of your password in a form that can be readily identified; 
  4. choose a password that is directly related to information that can be easily identified;
  5. leave your computer unattended and left logged into www.foodstuffs-exchange.co.nz