Hortinvest Limited

Terms of Use

These Terms of Use are current on and from November 2020.

In these terms and conditions, “we” “us” and “our” refers to Hortinvest Limited. Your access to and use of all information on this website is provided subject to the following terms and conditions. We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.

Site Access

1. When you visit our website, we give you a limited licence to access and use our
information for personal use.


2. You are permitted to download a copy of the information on this website to your computer
for your personal use only provided that you do not delete or change any copyright symbol,
trade mark or other proprietary notice. Your use of our content in any other way infringes
our intellectual property rights.

3. Except as permitted under the Copyright Act 1962, you are not permitted to copy,
reproduce, republish, distribute or display any of the information on this website without our
prior written permission.

4. The licence to access and use the information on our website does not include the right to
use any data mining robots or other extraction tools. The licence also does not permit you to
metatag or mirror our website without our prior written permission. We reserve the right to
serve you with notice if we become aware of your metatag or mirroring of our website.

Hyperlinks

5. This website may from time to time contain hyperlinks to other websites. Such links are
provided for convenience only and we take no responsibility for the content and maintenance
of or privacy compliance by any linked website. Any hyperlink on our website to another
website does not imply our endorsement, support, or sponsorship of the operator of that
website nor of the information and/or products which they provide.

6. You may link our website with our consent. Any such linking will be entirely your
responsibility and at your expense. By linking, you must not alter any of our website’s
contents including any intellectual property notices and you must not frame or reformat any
of our pages, files, images, text or other materials.

Intellectual Property Rights

7. The copyright to all content on this website including applets, graphics, images, layouts
and text belongs to us or we have a licence to use those materials.

8. All trade marks, brands and logos generally identified either with the symbols TM or ®
which are used on this website are either owned by us or we have a licence to use them.
Your access to our website does not license you to use those marks in any commercial way
without our prior written permission.

9. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us
through this website becomes our property. If in future we use your Comments in promoting
our website or in any other way, we will not be liable for any similarities which may appear
from such use. Furthermore, you agree that we are entitled to use your Comments for any
commercial or non-commercial purpose without compensation to you or to any other person
who has transmitted your Comments.

10. If you provide us with Comments, you acknowledge that you are responsible for the
content of such material including its legality, originality and copyright.

Disclaimers

11. Whilst we have taken all due care in providing the information on our website, we do not
provide any warranty either express or implied including without limitation warranties of title
or implied warranties of merchantability or fitness for a particular purpose.

12. To the extent permitted by law, any condition or warranty which would otherwise be
implied into these terms and conditions is excluded.

13. We also take all due care in ensuring that our website is free of any virus, worm, Trojan
horse and/or malware, however we are not responsible for any damage to your computer
system which arises in connection with your use of our website or any linked website.

14. From time to time we may host third party content on our website such as
advertisements and endorsements belonging to other traders. Responsibility for the content
of such material rests with the owners of that material and we are not responsible for any
errors or omissions in such material.

Limitation of Liability

15. To the full extent permitted by law, our liability for breach of an implied warranty or
condition is limited to the supply of the goods and/or services again or payment of the costs
of having those goods and/or services supplied again.

16. We accept no liability for any loss whatsoever including consequential loss suffered by
you arising from product/s we have supplied.

Indemnity

17. By accessing our website, you agree to indemnify and hold us harmless from all claims,
actions, damages, costs and expenses including legal fees arising from or in connection with
your use of our website.

Force Majeure

18. If a Force Majeure event causing delay continues for more than thirty (30), we may
terminate this Agreement by giving at least seven (7) Notice to you. “Force Majeure” means
any act, circumstance or omission over which we could not reasonably have exercised
control.

Jurisdiction

19. These terms and conditions are to be governed by and construed in accordance with the
laws of New Zealand and any claim made by either party against the other which in any way
arises out of these terms and conditions will be heard in New Zealand and you agree to
submit to the jurisdiction of those Courts.

20. If any provision in these terms and conditions is invalid under any law the provision will
be limited, narrowed, construed or altered as necessary to render it valid but only to the
extent necessary to achieve such validity. If necessary the invalid provision will be deleted
from these terms and conditions and the remaining provisions will remain in full force and
effect.

Privacy

21. We undertake to take all due care with any information which you may provide to us
when accessing our website. However we do not warrant and cannot ensure the security of
any information which you may provide to us. Information you transmit to us is entirely at
your own risk although we undertake to take reasonable steps to preserve such information
in a secure manner.

22. Our compliance with privacy legislation is set out in our separate Privacy Policy which
may be accessed here.