General Terms & Conditions

GENERAL

This website ("Site") is operated by Fonterra Co-operative Group Limited ("Fonterra") in relation to KickStart Breakfast, a programme run by Fonterra and New Zealand Health Association Limited, trading as Sanitarium Health Food Company ("Sanitarium") (together, the "Partners", "us", "we", or "our").

Please read these Site terms and conditions (“Terms”). The Partners may vary these Terms at any time. Using the Site after the Terms have changed means you accept the changed Terms. If you agree to be bound by these Terms you may use the Site, otherwise you should not.

The current version of the Terms will be maintained on the Site. This Site is operated and controlled from Fonterra’s offices in New Zealand. If you use this Site from outside New Zealand, you are responsible for complying with any applicable laws. These Terms will be interpreted in accordance with, and governed by, the laws of New Zealand.

You may not create a link from any other website to any part of this Site, other than the homepage, without our express consent. If you link to this Site it is at your own risk.

INTELLECTUAL PROPERTY

All intellectual property rights (including, without limitation, copyright and trademark rights) in all materials displayed or available on this Site belong to either or both of the Partners unless otherwise stated. If the owner of any material published on this Site is not one of the Partners, 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 the Partners on this Site 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 Site (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 the Partners or any other party as a consequence of the publication of any material on this Site. No material from this Site may be reproduced, adapted or distributed, in whole or in part, or on any media without written permission (which includes email) from the Partners.

DISCLAIMER

The Partners endeavour to ensure that the information on this Site is accurate and current, but do not accept liability for any error or omission.

All warranties, whether express or implied, as to the accuracy or completeness of the information contained on this Site or in respect of any products or materials referred to on this Site are excluded to the fullest extent permitted by law.

Links on this Site may lead to other websites and some information on this Site may be provided by third parties. The Partners accept no responsibility for the currency or accuracy of such information. You should verify such information with those third parties directly.

While we try very hard to keep information and materials on the Site secure and confidential, we are not responsible for any breach of security which is out of our control. We do not warrant that the Site is completely secure.

USE OF INFORMATION SUPPLIED BY YOU

All product or advertising suggestions or ideas, or other information communicated to the Partners through this Site shall be treated as non-confidential and non-proprietary to you. All such information will become the exclusive property of the Partners for any purpose whatsoever, commercial or otherwise, without notice or compensation to you.

CONSUMER GUARANTEES ACT

If you are a business using this Site, then you agree that the provisions of the New Zealand Consumer Guarantees Act 1993 will not apply to your use of the Site or your reliance on the Site.

THE PARTNERS’ LIABILITY

In no event will the Partners 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) this Site, any linked website, or any material contained on them.

You agree that if the Partners are held responsible for any damage or loss, the Partners' 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 this Site. The Partners will be jointly, not severally, liable for any such amount.

PRIVACY POLICY

At KickStart Breakfast, we take your privacy seriously. This Privacy Policy sets out generally how the Partners may gather, use, disclose and manage personal information via this Site.

Both Fonterra and Sanitarium may handle information received from you via this Site. Like many other organisations, we must comply with privacy legislation when dealing with personal information. We respect your privacy and comply with the Privacy Act 1993. You are entitled to access the personal information we hold about you, and request that we amend it if it is incorrect. To do so, please contact KickStart Breakfast at KickStart.Breakfast@fonterra.com.

Personal information means information or opinions about an individual whose identity is apparent or can reasonably be ascertained from the information.

COLLECTION

During the course of dealing with you, the Partners may generally collect basic personal information about you, such as your name, address and contact details.

We may also request other specific information from you relating to the goods or services that you wish to obtain.

USE & DISCLOSURE

  • Fonterra will hold and use any personal information collected for the purposes set out in its Privacy Statement, and the Partners will hold and use any personal information collected for any purpose disclosed at the time of collection or for related purposes. Generally, the Partners will only use or disclose your personal information as follows:

  • To provide the product or service you have requested or to answer your inquiry;

  • To third parties where we have retained those third parties to assist us to provide the products or services you have requested. For example, we have contracts with third parties to assist us with functions such as mail-outs;

  • To different entities within Fonterra or Sanitarium, to enable the development and marketing of other products and services and to improve our customer service in general;

  • For direct marketing of products or services. If we contact you in this way we will provide you with the opportunity to decline any further marketing communications; or

  • Where otherwise legally permitted.”