Terms & Conditions
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
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.
All intellectual property rights (including, without limitation, copyright and trade mark 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
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, trade mark 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.
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
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
- 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.
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 [email protected]
Personal information means information or opinions about an individual whose identity is
apparent or can reasonably be ascertained from the information.
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
The Partners will hold and use any personal information collected for the purposes set out in
Generally we 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.