APPLICATION OF TERMS
These Terms apply to your use of the Website. By accessing and using the
- you agree to these Terms; and
where your access and use is on behalf of another person (e.g. a
company), you confirm that you are authorised to, and do in fact,
agree to these Terms on that person’s behalf and that, by agreeing
to these Terms on that person’s behalf, that person is bound by
If you do not agree to these Terms, you are not authorised to access and
use the Website, and you must immediately stop doing so.
We may change these Terms at any time by updating them on the Website.
Unless stated otherwise, any change takes effect immediately. You are
responsible for ensuring you are familiar with the latest Terms. By
continuing to access and use the Website, you agree to be bound by the
changed Terms. We may change, suspend, discontinue, or restrict access to,
the Website without notice or liability. These Terms were last updated on 8th July 2019.
In these Terms:
including and similar words do not imply any limit
Loss includes loss of profits, savings, revenue or data, and any
other claim, damage, loss, liability and cost, including legal costs on a
solicitor and own client basis
Personal information means information about an identifiable,
Terms means these terms and conditions titled Website Terms of
Underlying System means any network, system, software, data or
material that underlies or is connected to the Website
User ID means a unique name and/or password allocated to you to
allow you to access certain parts of the Website
We, us or our means JaffaJam Limited
Website means www.jaffajam.com
You means you or, if clause 1.1.1 applies, both you and the other
person on whose behalf you are acting.
You must provide true, current and complete information in your dealings
with us (including when setting up an account), and must promptly update
that information as required so that the information remains true,
current and complete.
If you are given a User ID, you must keep your User ID secure and:
not permit any other person to use your User ID, including not
disclosing or providing it to any other person; and
immediately notify us if you become aware of any disclosure or
unauthorised use of your User ID, by sending an email to firstname.lastname@example.org.
not act in a way, or use or introduce anything (including any virus,
worm, Trojan horse, timebomb, keystroke logger, spyware or other
similar feature) that in any way compromises, or may compromise, the
Website or any Underlying System, or otherwise attempt to damage or
interfere with the Website or any Underlying System; and
unless with our agreement, access the Website via standard web
browsers only and not by any other method. Other methods include
scraping, deep-linking, harvesting, data mining, use of a robot or
spider, automation, or any similar data gathering, extraction or
You must obtain our written permission to establish a link to our
Website. If you wish to do so, email your request to email@example.com.
You indemnify us against all Loss we suffer or incur as a direct or
indirect result of your failure to comply with these Terms, including
any failure of a person who accesses and uses our Website by using your
We (and our licensors) own all proprietary and intellectual property
rights in the Website (including all information, data, text, graphics,
artwork, photographs, logos, icons, sound recordings, videos and
look and feel), and the Underlying Systems.
To the extent permitted by law, we and our licensors have no liability
or responsibility to you or any other person for any Loss in connection
the Website being unavailable (in whole or in part) or performing
any error in, or omission from, any information made available
through the Website;
any exposure to viruses or other forms of interference which may
damage your computer system or expose you to fraud when you access
or use the Website. To avoid doubt, you are responsible for ensuring
the process by which you access and use the Website protects you
and any site linked from the Website. Any link on the Website to
other sites does not imply any endorsement, approval or
recommendation of, or responsibility for, those sites or their
contents, operations, products or operators.
We make no representation or warranty that the Website is appropriate or
available for use in all countries or that the content satisfies the
laws of all countries. You are responsible for ensuring that your access
to and use of the Website is not illegal or prohibited, and for your own
compliance with applicable local laws.
To the maximum extent permitted by law:
you access and use the Website at your own risk; and
we are not liable or responsible to you or any other person for any
Loss under or in connection with these Terms, the Website, or your
access and use of (or inability to access or use) the Website. This
exclusion applies regardless of whether our liability or
responsibility arises in contract, tort (including negligence),
equity, breach of statutory duty, or otherwise.
Except to the extent permitted by law, nothing in these Terms has the
effect of contracting out of the New Zealand Consumer Guarantees Act
1993 or any other consumer protection law that cannot be excluded. To
the extent our liability cannot be excluded but can be limited, our
liability is limited to NZD100.
To the maximum extent permitted by law and only to the extent clauses
7.1 and 7.2 of these Terms do not apply, our total liability to you
under or in connection with these Terms, or in connection with the
Website, or your access and use of (or inability to access or use) the
Website, must not exceed NZD100.
You are not required to provide personal information to us, although in
some cases if you choose not to do so then we will be unable to make
certain sections of the Website available to you. For example, we may
need to have your contact information in order to provide you with
updates from our Website.
When you provide personal information to us, we will comply with the New
Zealand Privacy Act 1993.
The personal information you provide to us (including any information
provided if you register for an account) is collected and may be used
for communicating with you, statistical analysis, the marketing by us of
products and services to you, credit checks (if necessary), and research
We may also collect technical information whenever you log on to, or
visit the public version of, our Website. This may include information
about the way users arrive at, browse through and interact with our
Website. We may collect this type of technical information through the
that we transfer to your computer’s hard drive to enable our systems to
recognise your browser. If you want to disable cookies, you may do so by
changing the settings on your browser. However, if you do so, you may
not be able to use all of the functions on the Website. We use the
technical information we collect to have a better understanding of the
way people use our Website, to improve the way it works and to
personalise it to be more relevant and useful to your particular needs.
We may also use this information to assist in making any advertising we
display on the Website more personalised and applicable to your
Generally, we do not disclose personal information to third parties for
them to use for their own purposes. However, some of the circumstances
in which we may do this are:
to service providers and other persons working with us to make the
Website available or improve or develop its functionality (e.g. we
may use a third party supplier to host the Website);
in relation to the proposed purchase or acquisition of our business
or assets; or
where required by applicable law or any court, or in response to a
legitimate request by a law enforcement agency.
Any personal information you provide to us may be stored on the secure
servers of our trusted service providers, which may be located outside
New Zealand. This may involve the transfer of your personal information
to countries which have less legal protection for personal information
than New Zealand.
You have the right to request access to and correction of any of the
personal information we hold about you. If you would like to exercise
these rights, please email us at firstname.lastname@example.org.
SUSPENSION AND TERMINATION
Without prejudice to any other right or remedy available to us, if we
consider that you have breached these Terms or we otherwise consider it
appropriate, we may immediately, and without notice, suspend or
terminate your access to the Website (or any part of it).
On suspension or termination, you must immediately cease using the
Website and must not attempt to gain further access.
If we need to contact you, we may do so by email or by posting a notice
on the Website. You agree that this satisfies all legal requirements in
relation to written communications.
These Terms, and any dispute relating to these Terms or the Website, are
governed by and must be interpreted in accordance with the laws of New
Zealand. Each party submits to the non-exclusive jurisdiction of the
Courts of New Zealand in relation to any dispute connected with these
Terms or the Website.
For us to waive a right under these Terms, the waiver must be in
Clauses which, by their nature, are intended to survive termination of
these Terms, including clauses 4.5, 5, 6, 7, 10.1, continue in force.
If any part or provision of these Terms is or becomes illegal,
unenforceable, or invalid, that part or provision is deemed to be
modified to the extent required to remedy the illegality,
unenforceability or invalidity. If a modification is not possible, the
part or provision must be treated for all purposes as severed from these
Terms. The remainder of these Terms will be binding on you.
These Terms set out everything agreed by the parties relating to your
use of the Website and supersede and cancel anything discussed,
exchanged or agreed prior to you agreeing to these Terms. The parties
have not relied on any representation, warranty or agreement relating to
the Website that is not expressly set out in the Terms, and no such
representation, warranty or agreement has any effect from the date you
agreed to these Terms.