Online Services Terms and Conditions
The United Flower Grower's web site is a product of United Flower Growers Limited (UFG). UFG is New Zealand's foremost flower Auction, and flower trading company. The use of the UFG site is subject to the following terms and conditions. Please read these carefully.
By using the Products and Services, you are agreeing, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to the UFG web site, Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions and controlled by United Flower Growers Limited, herein referred to as UFG.
2. CONDITIONS AND RESTRICTIONS ON USE
Use of the Products and Services is subject to compliance with these Terms and Conditions. You acknowledge and agree that UFG may terminate your access to the UFG web site or to any of the Products and Services should you fail to comply with the Terms and Conditions of this site or any other guidelines and rules published by UFG (such as UFG's standard Terms of Sale (Buyers/Growers). Any such termination shall be in UFG's sole discretion and may occur without prior notice, or any notice. UFG further reserves the right to terminate any user's access to the web site or to any of the Products and Services for any conduct that UFG, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to UFG or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, or foreign laws or regulations.
In order to use the Products and Services, users must have access to the World Wide Web and must navigate the Internet to http://www.ufg.co.nz or another of the URLs associated with the UFG web site. Be aware that the majority of the UFG web site is for general audiences, although there are certain areas on the UFG web site that are privileged and restricted by password and content. Access to restricted areas without correct authorization can result in prosecution.
UFG does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.
3. REGISTRATION AND PRIVACY
Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various UFG registration forms ("Registration Data") and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or UFG has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, UFG has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services.
All UFG registrations are deemed private and confidential. UFG will handle all registration information in accordance with the Privacy Act.
4. MEMBER CONDUCT
Upon registering, you will receive a password and UFG ID. You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify UFG of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. UFG cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.
You acknowledge and agree that all information, code, data, text, or other materials ("Content"), whether submitted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not UFG, are entirely responsible for all Content that you email or otherwise transmit via the Services.
5. UNITED FLOWER GROWERS DATABASE
UFG obtains information for inclusion in its databases from sources which it considers reliable, but UFG shall not be liable for any inaccuracies in its databases, whether caused by negligence or otherwise. UFG MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE DATABASES, INCLUDING WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. UFG shall not in any circumstances be liable to you, whether in contract, tort or otherwise, for any consequential or indirect loss or damage or any loss of profits or loss of contracts howsoever arising from the use of the UFG database.
6. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
It is the policy of UFG to respond expeditiously to claims of intellectual property infringement with regards to the UFG web site. UFG will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, UFA will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. UFG will terminate access for subscribers and account holders who are repeat infringers. Notices of claimed infringement should be directed to: United Flower Growers Limited, PO Box 5238, Wellesley Street, Auckland, New Zealand.
7. ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES
Unless expressly stated to the contrary elsewhere within the Products and Services, all legal issues arising from or related to the use of the Products and Services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of New Zealand applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms and Conditions or any user's use of the Products and Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of New Zealand. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New Zealand. Except as set forth above, the New Zealand Courts shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any user's use of the Products and Services. By using the Products and Services and thereby agreeing to these Terms and Conditions, users consent to personal jurisdiction and venue in the New Zealand courts with respect to all such disputes.
8. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN PRODUCTS AND SERVICES
UFG reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services with respects to the UFG web site. UFG reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.
9. TERMINATION; SURVIVAL
These Terms and Conditions shall continue in effect for as long as you use the Products and Services, unless specifically terminated earlier by UFG. All provisions of these Terms and Conditions which impose obligations continuing in their nature shall survive termination of these Terms and Conditions.
10. COMMUNICATIONS WITH USERS
UFG reserves the right to communicate with you regarding your use of the Products and Services.
11. SUBMISSIONS OF IDEAS
UFG is always improving its Products and Services and developing new features. If you have ideas regarding improvements or additions to the UFG web site, we would like to hear them -- but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO UFA BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO UFG, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO UFG THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT UFA IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY UFG, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
12. VIOLATIONS OF TERMS AND CONDITIONS
Should you violate these Terms and Conditions or any other rights of UFG and the UFG web site, UFG reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of the UFG web sites.