Terms and Conditions

1.

Use of Site from Outside New Zealand

1.1

The Site and its contents are protected by worldwide copyright laws and are designed to comply with New Zealand laws and regulations. Although accessible by others, the Site and its contents are intended for access and use by New Zealand residents only. Neither PORTSTONE GARDEN CENTRE nor the Participants make any representation that materials in this Site are appropriate or available for use in other countries. The names, descriptions and material safety data sheets of products listed on this Site are of New Zealand origin. If you choose to access this Site from a country other than New Zealand ("the User Country") you do so at your own initiative and risk and you are responsible for compliance with the User Country's laws and regulations. If accessing the Site from outside New Zealand, you agree to indemnify PORTSTONE GARDEN CENTRE and the Participants for any loss or damage arising from any failure of these Terms and Conditions or the information on the Site to comply with the laws of the User Country.

2.

No warranties

2.1

The Site contains information concerning the Participants' products that may be useful to the Participants' customers and employees as well as the public. However, neither PORTSTONE GARDEN CENTRE nor the Participants make any representation or warranties nor assume any liability or responsibility for the accuracy (including errors and omissions), reliability, completeness or timeliness of any information contained herein and expressly disclaim any obligation to update the said information. The use of the Site and the information is at your own risk. Changes are periodically made to the Site and may be made at any time.

2.2

Everything on the Site is provided to you "AS IS" and, to the extent permitted by law, all express, implied or statutory warranties, representations, terms and conditions other than those expressly contained in these terms and conditions are excluded. Please note that some jurisdictions may not allow the exclusion of all implied warranties, so some of the above exclusions may not apply to you.

2.3

PORTSTONE GARDEN CENTRE does not warrant that the Site will operate error free or that this Site and its servers are free of computer viruses and other harmful data, code, components or other material. Nor does PORTSTONE GARDEN CENTRE warrant that it will be able to prevent any illegal, harmful or inappropriate use, modification or alteration of the Site, or will give notice of such use, modification or alteration.

3.

Use of the Site

3.1

You may freely browse the Site and download material from the Site. You may use downloaded materials for personal, non-commercial use. You may not distribute, modify, transmit, reuse, re-post or use any such materials for public or commercial purposes without the express written permission of PORTSTONE GARDEN CENTRE. No graphics may be used separately from the accompanying text. All copyright and other proprietary notices contained in downloaded materials and printed copies thereof must be retained.

3.2

Images of people or places displayed on the site are either the property of, or used with permission by, PORTSTONE GARDEN CENTRE . The use of these images by you is prohibited unless specifically permitted by these Terms and Conditions or by specific permission provided elsewhere on the site. Unauthorised use of the images may violate copyright, trademark, privacy and/or publicity laws as well as communications regulations and statutes.

3.3

You must not transmit or attempt to transmit any data, code or other material of any kind to the Site, which contains a virus or other harmful component.

3.4

You must take your own precautions to ensure that the process, which you employ for accessing the Site, does not expose you to the risk of viruses, malicious computer code or other forms of interference, which may damage your own computer system.

4.

Limitation of Liability

4.1

Your use of the Site is at your own risk. Neither PORTSTONE GARDEN CENTRE nor any other party involved in supplying the material, creating, producing or delivering the Site is liable for any loss or damage whatsoever (including, without limitation, direct, indirect, incidental, consequential, or punitive damages or lost profits) arising out of your access to, use of or inability to use and access the Site. This includes damage to your computer equipment by computer viruses or otherwise. If your use of the Site results in the need for servicing or replacing equipment or data, we are not responsible for those costs.

4.2

Although PORTSTONE GARDEN CENTRE may, from time to time, monitor or review the transmissions on the site, PORTSTONE GARDEN CENTRE is under no obligation to do so. PORTSTONE GARDEN CENTRE assumes no responsibility or liability arising from the content of the Site or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within the Site.

4.3

PORTSTONE GARDEN CENTRE reserves the right to alter or delete material from the Site at any time and will not be liable in any way for possible consequences, loss or damage whatsoever arising from such changes.

5.

Your communications with us

5.1

You agree that any communication or material that you transmit to, or post on the site by electronic mail or otherwise, including any data, questions, comments, suggestions and the like, is and will be treated as non-confidential and non proprietary information. You agree that, with the exception of sensitive information as defined in the Privacy Act, 1993 (New Zealand), PORTSTONE GARDEN CENTRE or any of the Participants or international associated companies may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and further posting. Furthermore, PORTSTONE GARDEN CENTRE and its associated companies, are free to use any ideas, concepts, know-how or techniques contained in any communication or material you send to the site for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Further, if you do send us a submission, you agree not to assert any ownership right of any kind in the submission (including, but not limited to copyright, trademark, unfair competition, or implied contract) and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, acknowledgment. You further consent to any infringement by PORTSTONE GARDEN CENTRE or the Participants of the moral rights you may hold in the material you communicate to us arising from the reproduction, transmission, publication, broadcast and further posting of this material.

6.

Intellectual Property

6.1

You should assume that all contents of the site are copyrighted unless otherwise noted and may not be used except as provided herein.

6.2

The names, trade marks, logos and service marks on this Site (the "Trade Marks") displayed on the Site are registered and unregistered trademarks owned by or licensed to PORTSTONE GARDEN CENTRE its associated companies or the Participants. Nothing contained in this Site should be construed as granting by implication any license or right in and to the Trade Marks (including any rights to use or distribute the Trade Marks) without the express written permission of PORTSTONE GARDEN CENTRE, the Participants or such third party. Any use of the Trade Marks, except as provided in these Terms and Conditions, is strictly prohibited.

6.3

You are advised that PORTSTONE GARDEN CENTRE will aggressively enforce its intellectual property rights in the site and its contents to the fullest extent of the law, including by seeking criminal sanctions.

7.

Hyperlinks

7.1

PORTSTONE GARDEN CENTRE has not reviewed all of the sites that may be linked to or from the Site ("Linked Sites") and is not responsible for the content of any Linked Sites or any hyperlink contained in any Linked Site. Your utilisation of Linked Sites is at your own risk.

8.

Restriction of Use

8.1

You are prohibited from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or would otherwise violate the law. PORTSTONE GARDEN CENTRE will fully cooperate with any law enforcement authorities or court order requesting or directing PORTSTONE GARDEN CENTRE to disclose the identity of anyone posting any such information or materials.

8.2

You agree that you will not take any action that will pose an inappropriately large load on our infrastructure.

9.

Indemnity

9.1

You agree to indemnify PORTSTONE GARDEN CENTRE for any and all claims, damages, losses, and causes of action arising out of your publication or transmittal of material described in the above clause or your failure to comply with these Terms and Conditions of use. While PORTSTONE GARDEN CENTRE does not and cannot review every message posted by users in the forums and is not responsible for the content of these messages, PORTSTONE GARDEN CENTRE reserves the right to delete, move, or edit messages that it, at its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.

10.

Changes to Terms and Conditions

10.1

PORTSTONE GARDEN CENTRE may, at any time, revise these Terms and Conditions by updating this posting. The revised Terms and Conditions will be effective immediately and you will be bound by such revisions from that time. You should, therefore periodically visit this page to review the then current Terms and Conditions. If you violate any Terms and Conditions your right to use and access the Website automatically terminates.

11.

Termination

11.1

The Terms and Conditions are effective until terminated by PORTSTONE GARDEN CENTRE. We may terminate this agreement and your access to the Website at any time without notice. ln the event of termination, you are no longer authorised to access the Website. All restrictions imposed on you, disclaimers and limitations of liability set out in the Terms and Conditions will survive termination.

12.

Governing Law

12.1

The Terms and Conditions are governed by and construed in accordance with the laws

applicable in New Zealand. The laws in your country may be different to New Zealand laws, but the laws in New Zealand are the governing laws of your use of this website. You agree that any litigation in relation to Portstone Garden Centre will only be conducted in the courts of New Zealand.

13.

Miscellaneous

13.1

If any provision of the Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms and Conditions, which will continue in full force and effect. All rights not expressly granted are reserved. This agreement sets out the entire understanding and agreement between PORTSTONE GARDEN CENTRE and you with respect to the use of this Site.

1.1

The terms "personal information" and "sensitive information" have the same meaning in this Privacy Policy as the meaning given to them by the Privacy Act, 1993, (New Zealand).

1.2

We may collect personal information (like e-mail addresses) of visitors to the PORTSTONE.CO.NZ Website ('the Website') and may use such personal information in accordance with the Terms and Conditions governing use of the Website, the Subscriber Agreement and the Participant Agreement.

1.3

Subject to clause 1.5, we may preserve the content of any e-mail or other communication you send us. Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.

1.4

If you request us not to use personal information in a particular manner or at all, we will adopt all reasonable measures to observe your request. If you do not wish to have your personal information used in accordance with clause 1.2, please email us accordingly.

1.5

We will not collect sensitive information about you, nor sell or otherwise provide your sensitive information to a third party, unless you have consented to this or unless we believe we are required by law to do so.

1.6

If we receive any communication that contains sensitive information, we will take reasonable steps to destroy or permanently de-identify such sensitive information, unless the individual to whom the sensitive information relates directs us otherwise or unless we believe we are required by law to retain it.

1.7

The Website may utilise "cookies" which enable us to monitor traffic patterns and to serve you more efficiently if you revisit the site. A cookie does not identify you personally but it does identify your computer. You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance.

1.8

Subject to the National Privacy Act, you may have access to any personal information relating to you, which you have previously supplied to us over this Website. You may edit or delete such information unless we are required by law to retain it.

1.9

If you wish to comment on or query our privacy policy, or if you wish to make an inquiry regarding any personal information relating to you which may be in our possession, please contact us at gardening@portstone.co.nz