Terms and conditions | Copyright GPT Systems Limited 2019, all rights reserved

This website is operated by GPT Systems Limited (GPTS)

These website terms and conditions ('Terms') govern the use and access by any user of the website at www.gardengifts.co.nz and any other website owned or operated by GPTS. If you access and use the Website you are deemed to have agreed to these Terms.
In these Terms, reference to 'we' 'us' and 'our' means GPTS, its directors, employees, agents and its associated branches.
Reference to 'you' 'your' and 'yours' shall mean any user who is accessing the site at any time.
Reference to 'members' means retail members of Gardening New Zealand.
The Website is also governed by our privacy policy and this policy forms part of the Terms.

Purpose

The purpose of the Website is to provide a link to those retail members of Gardening New Zealand that are participating in the boxed gift market. Retailers where plants can be purchased and sent nationally (note the exclusion of the Chatham Islands, Great Barrier Island and other outer Islands). All plants are supplied in purpose designed packaging and can include a gift card, with the ability to add a message.

Ownership of intellectual property and restrictions on use of website material

With the exception of any third party trademarks or logos provided to us for inclusion on the Website, Give Plants Limited (GPL) owns all intellectual property rights in the text, graphics on the Website, packaging and its overall design. You must not use, copy, modify, reverse engineer, transmit, store, download, publish or distribute the material on the Website or create any other material using material on the Website without obtaining the prior written consent of GPL. Trade marks (whether registered or unregistered) and logos displayed on the Website must not be used or modified in any way without obtaining the prior written consent of GPL and/or the owner of the trade mark or logo as the case may be.

The information contained or obtained in the use of the Website including products, technology and processes may be the subject of other intellectual property rights owned by GPTS / GPL or by third parties. No licence is granted in respect of those intellectual property rights other than as set out in these Terms. Your use of the Website must not in any way infringe the intellectual property or other rights of any person.

Exclusions and limitations of liability

To the extent permitted by law, we are not liable to you or anyone else for any loss, damage or expense, however caused, which have been directly or indirectly suffered in connection with the use of the Website and we exclude liability (whether that liability arises in contract, tort (including negligence) or statute) for any direct, special, indirect or consequential loss or damage (including without limitation loss of revenue and loss of or damage to data) suffered or incurred by you or any person in connection with your access to or use of the Website.

Without limiting the generality of the foregoing and to the extent permitted by law, we:

(a) make no warranty (whether express, implied or statutory) as to the completeness, accuracy, reliability or fitness for purpose of any material on the Website;
(b) are not liable to you or to anyone else for any errors in the information on the Website including in any third party content provided to us for inclusion on the Website;
(c) are not liable for any failure or unavailability of the Website for any time period; and
(d) reserve the right to modify or withdraw any particular service or product referred to in this Website or any GPTS database, material, service and/or system. GPTS reserves the right to terminate access to this Website and/or to take any other action it believes necessary to comply with the law or to protect its rights, members and/or customers. Any access or attempt to access or use this Website for any unauthorized or illegal purpose is strictly prohibited;

GPTS advises you to exercise discretion while browsing this Website and the Internet. In addition, Hyperlinks on this Website may direct you to sites containing information that some people may find offensive or inappropriate. Such linked Website may not be under the control of GPTS and GPTS does not make any representations concerning any such Website which you may access via a Hyperlink from this Website, and accordingly GPTS shall not be responsible for the accuracy, copyright compliance, legality, legitimacy or decency of material contained in any such Website which may be accessible via a Hyperlink to or from this Website or for the Hyperlink itself. GPTS is providing these Hyperlinks to you only as a convenience and the inclusion of any Hyperlink on this Website is not and should not imply any endorsement by GPTS of such linked Website.

Some parts of this Website are provided without charge as a convenience to visitors to be used for the purposes of information, education and communication. While all information advice and/or material(s) contained in this Website have been prepared and compiled from sources believed to be reliable, GPTS makes no guarantee(s) and shall not be responsible nor liability for to the correctness, reliability, accuracy, sufficiency, suitability (for a particular purpose or purposes) and/or completeness or otherwise of such information, advice and/or material and shall not be held responsible nor liable in relation thereto. GPTS does not represent nor endorse the correctness, reliability, accuracy, sufficiency, suitability (for a particular purpose or purposes) and/or completeness or otherwise of any of the information, content or advertisements contained on, distributed through, or linked, downloaded or accessed from this Website, nor the quality of any product(s) supplied by third parties, information or other material(s) or service(s) displayed, obtained or purchased by you as a result of your use of this Website or any of GPTS’s services, or system(s). In accessing and/or using this Website you acknowledge that you do so at your own risk.

You assume the responsibility to take adequate precautions against damages to your systems and/or operations which could be caused by defects or deficiencies in this Website, any GPTS information, service(s), system(s), database(s) and/or material(s), or part(s) thereof. You also acknowledge that electronic communications and databases are subject to errors, tampering and break-ins and that while GPTS will implement reasonable security precautions to attempt to prevent such occurrences, GPTS does not guarantee that such events will not take place. You are also solely responsible for ensuring that all posting(s) made by or for you to this Website does not contain any virus or mistake(s) or other computer software code or routine designed to disable, erase, impair or otherwise damage the site or any system, software or data of GPTS or any other user of the GPTS Website/software and you hereby agree to indemnify, defend and save GPTS and its members, employees, resellers, agents, representatives, licensors and suppliers harmless from all and any liability, claim, cost or damage arising out of any claim or suit by any such user caused by such virus or other computer software code or routine.

Neither GPTS nor its members, employees, resellers, agents, representatives, licensors or suppliers shall in any event be liable to you or to any third party for any loss of profits, revenues, business opportunities or business advantages whatsoever, nor for any direct, indirect, special, consequential, indirect or incidental losses, damages or expenses directly or indirectly incurred relating to the use or misuse of this Website, or with respect to any other hyperlinked Website, or any GPTS information, content or other material or software used therewith, the use or failure, non-compliance or limited availability of any information, content, or service provided by GPTS through this Website, any information provided in the GPTS or any obligation under or subject matter of this Website, whether such claim is based upon breach of contract, breach of warranty, negligence, gross negligence, strict liability, in tort and/or any other cause of action whatsoever, whether or not GPTS is informed in advance of the possibility of such loss(es) or damage(s).

Without limiting the preceding clauses and to the extent that our liability is not excluded under those clauses or any other clause in these Terms, the maximum amount for which we are liable to you under or in connection with these Terms (whether that liability arises in contract, tort (including negligence or Statute) is $100.

We may amend these Terms from time to time, without prior notice. We will notify you of any changes by posting the amended Terms on the Website and the changes will be effective from the date and time they are posted.

Governing Law

This Website and these Terms are governed by the Laws of New Zealand and users submit to the non-exclusive jurisdiction of the Courts of New Zealand.