Website Terms of Use
Welcome to the Power Farming New Zealand Limited (“Power Farming”, “we”, “us”, or “our”) website. By visiting or using this website, you agree to these Terms of Use. Please read them carefully. If you do not agree, do not use the website.
1. Use of the website
You may use this website for lawful purposes only. You must not:
· Use the website to submit false, misleading, or fraudulent information
· Attempt to access restricted areas of the website or interfere with its operation
· Copy, reproduce, or distribute content without permission
· Use the website to send spam, advertising, or malicious code
We may suspend or terminate access to the website for users who breach these Terms of Use.
2. Website content
While we strive to provide accurate information, all content on this website, including product descriptions, specifications, pricing, and availability, is for general information only.
This website is provided on an “as is” and “as available” basis. Power Farming makes no representations or warranties of any kind, whether express or implied, as to the operation of the website, the accuracy or completeness of its content, or the availability of the website at any time. To the fullest extent permitted by law, Power Farming disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We make no guarantees that the content is complete, accurate, or up to date. You should verify all information before making decisions based on it. Nothing in this section is intended to limit or exclude any obligation of us under the Fair Trading Act 1986.
3. Limitation of liability
Despite anything else contained in these Terms of Use and to the fullest extent permitted by law, Power Farming shall not be liable for any direct, indirect, incidental, consequential, or special damages arising from:
· your use of this website
· reliance on any information contained on this website
· errors or omissions in website content
· malfunction of forms or services
By using the website, you accept that all use is at your own risk.
To the extent that our liability cannot be excluded by law, or to the extent that the exclusion of our liability would render these Terms of Use unenforceable, you agree that the maximum amount that you will claim against us(in total) and the maximum amount that we (in total) are liable to you for is one New Zealand dollar or the next largest amount that would be needed to render these Terms of Use (including these exclusion and limitation provisions) enforceable for our benefit.
Nothing in these Terms of Use is intended to exclude, restrict, or modify any rights or remedies you may have under the Consumer Guarantees Act 1993 or any other legislation that cannot lawfully be excluded or modified by agreement.
Despite anything else contained in these Terms, you agree that We are not liable to you (or to anyone else) for any failure or delay in the performance of our obligations under these Terms of Use to the extent that the failure or delay is caused, directly or indirectly, by an event outside our reasonable control.
4. Intellectual property
All content on this website, including text, images, logos, videos, and design, is the property of Power Farming or its licensors.
Your use of this website or of our products or services do not transfer the ownership or grant any right or title in or to any of our intellectual property to you or any third party.
You agree and acknowledge that we retain all right, title and interest in and to our intellectual property.
You may view and download content for personal use only. Any other use, including reproduction, distribution, or modification, is strictly prohibited without written permission. You may not:
· archive, copy, reproduce, distribute, modify, display, publish, licence, create adaptations or derivative works from, offer for sale or use (except as expressly authorised under these Terms of Use) any of the website content;
· circumvent, remove, alter, disable, deactivate or otherwise interfere with any security-related features of the website;
· use any automated tools or mechanisms including any robot, spider or scraper to access the website or insert any code or manipulate the website;
· reverse engineer, disassemble or decompile any software or software processes in relation to the website;
· remove any copyright or other proprietary notices on the website;
· install any viruses, worms, malware or other harmful or destructive software or thing that may impair the functionality of the website or the ability of others to access and use the website, or our products or services.
5. Third-party websites
Our website may include links to third-party websites, including dealers, manufacturers, and social media platforms.
We are not responsible for the content, accuracy, or privacy practices of any third-party website.
6. Enquiries and forms
By using the Website, you agree to abide by and comply with our Privacy Policy which can be located here. Information you submit via enquiry or lead forms may be stored and processed in accordance with our Privacy Policy.
You agree that Power Farming may use this information to respond to your enquiry, connect you with authorised dealers, and communicate about products, services, or events. Full details regarding the collection, use, storage, disclosure, and cross-border transfer of your personal information, including your rights of access and correction under the Privacy Act 2020, are set out in the Privacy Policy.
By using this website, you consent to receiving communications from Power Farming electronically, including by email or by notices posted on this website. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by the Contract and Commercial Law Act 2017 and any other applicable law.
This website may use cookies, analytics tools, and other tracking technologies. For full details on the types of cookies used, the data collected, and how you can manage your preferences, please refer to the Privacy Policy.
7. Changes to the website and terms
We reserve the right to:
modify, suspend, or discontinue any part of the website at any time
update these Terms of Use without prior notice
We will post the changes on the website. Your continued use of the website after changes constitutes acceptance of the updated Terms of Use.
8. Governing law
These Terms of Use are governed by the laws of New Zealand. Any disputes will be subject to the exclusive jurisdiction of the courts of New Zealand.
9. Dispute resolution
In the event of any dispute arising out of or in connection with these Terms of Use, you and Power Farming shall first endeavour to resolve the dispute by good faith negotiation. If the dispute is not resolved within twenty (20) business days, either party may refer the dispute to mediation administered by the Resolution Institute (or its successor body) in accordance with its mediation rules. If the dispute remains unresolved within thirty (30) business days of the appointment of a mediator, either party may commence proceedings in the courts of New Zealand.
10. Severability
If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed to the extent of the invalidity, illegality, or unenforceability, and the remaining provisions shall continue in full force and effect.
11. Indemnification
You agree to indemnify and hold harmless Power Farming, its directors, officers, employees, agents, and authorised dealers from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with your breach of these Terms of Use, your misuse of the website, or any violation of applicable law.
12. Entire agreement
These Terms of Use, together with the PFG Privacy Policy, constitute the entire agreement between you and Power Farming in relation to your use of this website and supersede all prior agreements, representations, and understandings relating to such use.
13. Waiver
No failure or delay by Power Farming in exercising any right, power, or remedy under these Terms of Use shall operate as a waiver of that right, power, or remedy. A single or partial exercise of any right, power, or remedy does not preclude any other or further exercise of that or any other right, power, or remedy.
14. Assignment
You may not assign, transfer, or sub-contract any of your rights or obligations under these Terms of Use without the prior written consent of Power Farming. Power Farming may assign, transfer, or sub-contract any of its rights or obligations under these Terms of Use to any third party at its sole discretion and without notice to you.
If You have any questions or concerns in relation to the website, related products and services, please contact us at marketing@powerfarming.co.nz.