Terms & Conditions

THERMOMIX ® IN NEW ZEALAND LTD

WEBSITE TERMS OF USE

1                 Terms

1.1            These terms and conditions apply to the use of this website and any pages or materials contained on this website. These terms and conditions do not apply to the Thermomix ® Recipe Community. A copy of the terms of use for the Thermomix ® Recipe Community is set out here.
1.2            In using this website, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, you must refrain from using this website.
1.3            If you wish to purchase any of our goods or use any of our services on this website, you will be required to agree to the Purchase Terms and Conditions for those particulars goods or services.
1.4            In these terms and conditions, the expressions ‘we’, ‘us’ and ‘our’ are a reference to Thermomix ® in New Zealand Limited Company Number 2304477 c/- Uhy Haines Norton (Auckland) Limited, 22 Catherine Street, Henderson, AUCKLAND 0612, New Zealand.

2                 Amendments to terms and conditions

We reserve the right to amend these terms and conditions from time to time. Amendments will take effect immediately upon notification on this website. Your continued use of this website following such notification will be taken by us to represent your agreement to be bound by the terms and conditions as amended.

3                 Disclaimers

To the extent permitted by law:
3.1            We do not accept responsibility for any loss or damage, howsoever caused (including through negligence) which you may directly or indirectly suffer, sustain or incur in connection with or as a result of your use of this website or any linked website or reliance upon any information contained on or accessed through this website.
3.2            Any condition, warranty or representation which would otherwise be implied into these terms and conditions is hereby excluded. Any liability we may have to you under legislation in respect of any non-excludable warranty or representation is limited where permitted to supplying the services again or the payment of the cost of having the services supplied again, at our option.

4                 Exception to disclaimers

The disclaimers and exclusions set out in these terms and conditions do not attempt or purport to limit or exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded or limited. If the New Zealand Consumer Guarantees Act 1993 applies, you may have rights or remedies which are not excluded nor limited by such disclaimers and exclusions. If you are in trade and using this website or its content for business purposes, you agree that all exclusions and limits apply and the New Zealand Consumer Guarantees Act 1993 will not apply.

5                 Specific warnings

5.1            You must ensure that your access to and use of this website is not illegal or prohibited by laws which apply to you.
5.2            You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with or as a result of your use of this website or any linked website.
5.3            Whilst we have no reason to believe that any information contained on this website is inaccurate, and we use all reasonable endeavours to maintain the accuracy of information contained on this website, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for any loss or damage suffered, sustained or incurred as a result of or in connection with your reliance upon the accuracy or currency of information contained on this website.
5.4            We do not give you any assurances that any information contained on this website will be suitable for your purposes or that such information will be error-free. You agree that you do not rely on any such information or its availability and that any reliance you make will be on your own independent assessments with the aid of qualified independent advice.

6                 Relationship with Vorwerk International

We are authorised by Vorwerk International Strecker & Co (Vorwerk) to use under licence the “Thermomix ®” brand and intellectual property on the internet. “Thermomix ®” is the trade name and the registered trademark and servicemark of Vorwerk, as are certain other trademarks and servicemarks used by us on this website under Vorwerk’s control.

7                 Intellectual property rights

Copyright in this website (including all text, graphics, logos, icons, sound recordings and software) is owned or licensed by us from Vorwerk or a related entity of Vorwerk. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1994 and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
7.1            adapt, reproduce, store, distribute, print, display, perform, publish or create any derivative works from any part of this website; or
7.2            commercialise any information, products or services obtained from any part of this website,
without our prior written permission, which may be granted or withheld at our absolute discretion.

8                 Restricted use

Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use (unless such printing is expressly prohibited). Without limiting the foregoing, you may not without our prior written permission (which may be granted or withheld at our absolute discretion) on-sell information obtained from this website.

9                 Third party websites

9.1            This website may contain links to other websites (“third party websites”). The links are provided for convenience only and may not remain current or be maintained.
9.2            We are not responsible for the content or privacy practices associated with third party websites.
9.3            Our links with third party websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of the third party websites, or of any information, graphics, materials, products or services referred to or contained on the third party websites, unless and to the extent stipulated to the contrary.

10                 Privacy policy

We undertake to comply with the terms of our privacy policy which is set out here.

11                 Security of information

Whilst we use our reasonable endeavours to protect the security of transmission of information over the Internet, we do not guarantee or warrant that any transmission of any data over the Internet as totally secure. Accordingly, any information which you transmit to us is transmitted at your own risk. Once we receive your transmission, we will take reasonable steps to preserve the security of such information. You should never share your secure information, password or identifier with any other person.

12                 Termination of access

We may terminate your access to our website at any time without notice. Our disclaimers and exclusions will survive the termination of access.

12                 Governing law

These terms and conditions and any matters or disputes connected with this website will be governed by New Zealand laws and will be dealt with by New Zealand courts, and you agree to submit to the non-exclusive jurisdiction of New Zealand courts.