Welcome to Farm Source’s website (the “Site”).
The Site, including (without limit) the Content and all products and services provided via the Site, (collectively, the “Online Services”), is owned, operated and provided by Fonterra Co-operative Group Limited (“Fonterra”, “we”, “our” or “us”).
Thank you for taking the time to read these terms and conditions (the “Terms”) which apply with respect to your use of the Online Services. By accessing, using and/or browsing the Site, including becoming a registered user of the Online Services (“User”), you will be deemed to have accepted, and will be bound by, the Terms. You agree to ensure that anyone who uses the Online Services through your User account (irrespective of whether such person does so with your permission or otherwise) will comply with these Terms and you acknowledge that you have the ability to bind those persons to these Terms. Notwithstanding that, you agree that you are are fully responsible for all use of the Website (including the Online Services) that occurs via your User account. In these terms, any person who accesses the Online Services is referred to as "you" or "your".
If we make any changes
We may update or revise these Terms at any time. Any changes to these Terms will take effect immediately upon the posting of the updated terms on the Site.
Your continued use of the Site and/or the Online Services following any changes to the Terms indicates your acceptance of those changes and indicates agreement by you to be bound by these Terms as amended from time to time.
This is a New Zealand site
This Site and the Online Services are intended for use by New Zealand residents only, although residents of other countries are very welcome to visit the Site. Those who choose to access the Site from locations outside New Zealand do so on their own initiative and are responsible for compliance with local laws. New Zealand law governs the Site (including the Online Services), these Terms and all agreements entered into through the Site and you accept the exclusive jurisdiction of the New Zealand courts.
Your use of the Online Services
You agree that you will not:
a. use the Site or the Online Services for any unlawful purpose;
b. take any action which may disrupt access to, cause damage to, or interfere with the proper operation of the Site or the Online Services, including any action that may result in the introduction of any viruses, trojan-horse type programs, malware or any other material which is malicious or technologically harmful;
c. create a link to the Site from any other website without our prior consent; or
d. use the Site or Online Services other than as specifically permitted by these terms and conditions.
Fonterra either owns or has the right to use all Anonymized Data and Aggregated Data (as defined below), Tools, content and other materials available on or generated by the Site (including the Online Services) (“Content”). The Content is protected by copyright, trademarks or other intellectual property rights and laws. No Content may be reproduced, adapted, linked to, distributed or used in any way without the prior written consent of Fonterra. We grant you a perpetual, non-exclusive, royalty-free licence to use the Content for your own internal business purposes only, provided you keep intact all copyright and other proprietary notices. We acknowledge and agree that you own the intellectual property rights in, and are solely responsible for the legality, reliability, integrity, accuracy and quality of any data inputted by you or any third parties nominated by you through the Staff and Third Party Access facility of your Farm Source account (“Third Party Users”) to the Site and/or the Online Services (“Your Data”)
Our use and disclosure of Your Data
You grant to Fonterra a non-exclusive right to use Your Data:
a. to provide the Site and the Online Services to you, including (without limit) to supply you with goods and services and to facilitate your compliance with your legal and regulatory farm management obligations;
b. to facilitate and ensure Fonterra’s compliance with its legal and regulatory obligations;
c. to create anonymized versions of Your Data (“Anonymized Data”) and then aggregate this Anonymized Data with third party data (“Aggregated Data”);
d. to provide you with information concerning products and services which may be of interest to you via our retail division; and
e. as otherwise expressly permitted by you.
We may disclose Your Data to:
a. approved auditors (including, without limit, QCONZ and AsureQuality);
b. our related companies and our third party service providers; and
c. any other third parties (including, without limit, vets, Livestock Improvement Corporation Limited, Agrigate Solutions Limited Partnership and Agrigate GP Limited) with your express consent,
only for the purposes set out above.
Fonterra will not, however, disclose any of Your Data that is specific to your farm to any regulatory agency unless:
a. you have expressly consented to such disclosure;
b. there is a significant animal health and welfare issue that, in Fonterra’s opinion, creates a reputational risk for Fonterra; or
c. Fonterra is legally required to provide this information.
Links to other sites
This Site may contain links to other sites which are not under the control of Fonterra. These links are provided for your convenience only. We make no representations concerning the accuracy of information or the quality of products and services found on any linked site and will not be responsible for the content of any of those sites or for any loss or damages suffered as a result of you using any linked sites.
Third Party information
Third party information (including, without limit, weather information) may be displayed on the Site and the Online Services. Such third party information is for indicative purposes only. No liability will be accepted by Fonterra, or any third party, for reliance on this information or for any errors, omissions or delays. The limitations of liability, indemnities and disclaimers in these Terms relating to the provision of information and Tools which apply for the benefit of Fonterra also apply for the benefit of the third parties that supply such information.
Information and tools on the Site
The Site (including the Online Services) may from time to time contain information, advice or data, including calculators, estimators, or other tools (“Tools”). Such Tools are based on Your Data and other information you provide, and are not intended to be a substitute for your own judgment or any advice provided by your own consultants or experts. All Tools are supplied upon the condition that you will seek independent advice, where appropriate, and make your own determination as to its suitability for your purposes prior to use. In particular, we recommend you seek the advice of a qualified veterinarian for detailed information on animal health issues.
You acknowledge that the Tools are for information purposes only, and that the assumptions used and figures generated are for purposes of general illustration and reference only and are subject to change depending on a variety of factors which may not have been taken into account. You agree that you will not use, or rely in any way on, the Tools in a manner which might cause a third party to rely on any information or data in a way which could give rise to liability on the part of Fonterra
An optional alert service that enables you to receive pre-determined account information electronically (including, but not limited to via email, text, or other electronic messaging services) (“Alerts”) may be available for your User account and is subject to the following terms:
a. you consent to receiving Alerts that are not encrypted and might include personal or confidential information about you or your farm;
b. you are solely responsible for ensuring that your receipt of Alerts (whether via a computer or mobile device) is adequately secure;
c. we are not liable for the accuracy of the information you supply to us when setting up, changing or deleting your Alerts or for any unavailability or malfunction of any Alert service. This includes the sending of Alerts to email addresses or mobile phone numbers incorrectly entered or otherwise provided by you. We are not liable for any internal or external use that you or anyone else may make of any data or information provided through or in relation to Alerts;
d. you acknowledge that Alerts will be based on Your Data and other information you provide and that Alerts are not intended to be a substitute for your own judgment or any advice provided by your own advisors or experts. Accordingly, you agree that we are not responsible for the accuracy, correctness, reliability or adequacy of any data or information provided through or in relation to Alerts;
e. you agree to promptly tell us about any error or discrepancy relating to Alerts or any information provided by Alerts. You also agree to immediately tell us about any unauthorised access to, or activity on, your User account that you become aware of through Alerts;
f. we can, from time to time, change the form and content of the Alerts without telling you first;
g. we may suspend or cancel your access to Alerts and we will use reasonable efforts to contact you first except where we are prevented from doing so for reasons beyond our control;
h. you can cancel your use of Alerts at any time by updating your User account settings on the Site.
Changes to the Online Services
We can, at any time, make changes to (including adding and removing) the functionality, format, content, means of access, or operating system specification for, the Site (including the Online Services). We can make these changes without prior notice to you. However, where the change is significant we will endeavour to give you prior notice by posting the change on the Site.
From time to time, we may discontinue or restrict access to the Site (including the Online Services) temporarily or permanently with or without notice to you. In these circumstances we will endeavour to ensure that all relevant links remain current and that Your Data will continue to be available to you and to any Third Party Users. Although we use reasonable endeavours to ensure that any updates to the Site and the Online Services do not cause any problems to your use of the Site (including the Online Services), our liability to you to the extent that problems arise from such updates is limited in accordance with these Terms.
Fonterra does not provide warranties
If you are using the Site (including the Online Services) or any of our products or services for purposes other than in relation to a business, then we accept that you may have rights under the Consumer Guarantees Act 1993 or other legislation. Nothing in these Terms is intended to affect any rights which you may have under such legislation that we are unable by law to exclude or limit.
If you are using the Site (including the Online Services) for the purposes of a business, then you agree that the provisions of the Consumer Guarantees Act 1993 shall not apply to your use of, or any reliance on, the Site or the Online Services.
We will provide the Site and the Online Services with reasonable care and skill, however we do not represent or warrant that the Site (including the Online Services) or any part of it will:
a. operate on a continuous or fault-free basis or at any particular time or location;
b. be secure or private; or
c. be free of viruses or other harmful features (including any files displayed or obtained from or through the Site or any website linked to it).
We do not warrant the accuracy, correctness, reliability, adequacy, suitability for purpose or completeness of any Tools, including the interpretation of any laws or regulations upon which the Tools are based.
All Content is provided "as is" and "as available" and without warranties of any kind, either express or implied, and you use and rely on the Site (including the Online Services) at your own risk. To the fullest extent permissible by law, Fonterra disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
The limitation to our liability
To the maximum extent permitted by law, we are not liable for any loss, damage, cost or expense (whether direct or indirect) incurred by you as a result of:
a. your use of, or your inability to use, the Site (including the Online Services);
b. your reliance on and use of the Tools or any data or information generated by using the Tools, or the materials in any sites linked to the Site; or
c. any fault or error of the Site (including the Online Services); or
d. any modification, discontinuance or restriction of the Site (including the Online Services) or any resulting loss of data (including Your Data), Content, features or capacity,
even if Fonterra (or an authorised representative of Fonterra) has been advised of the possibility of such loss, damage, cost or expense.
Your indemnity to us
You agree to indemnify us and keep us fully indemnified against all actions, proceedings, losses, liabilities, damages, claims, demands, costs and expenses suffered or incurred by us as a result of or in connection with your use of the Site (including the Online Services) or breach of any of these Terms.
The products and services contained on the Site constitute an invitation to treat and not an offer to supply those products or services to you. When you submit an order to us, you are making an offer to buy those products in accordance with these Terms and our then current terms of trade including our Online Sales Terms and Conditions. We reserve the exclusive right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by you, including any order we believe, in our sole judgment, to have been placed fraudulently or in an effort to supply trade re-sale.
Prices, Products and Services
All prices on the Site are in New Zealand dollars and are inclusive of GST and any other sales tax. Please note that we reserve the right to alter the prices at any time for any reason.
Prices are subject to change by individual stores, and do not include display accessories, options or delivery. Prices displayed may vary in different regions and different stores.
Some goods may not be on show or available at each of our stores. Each published saving in respect of a product is by reference to the recommended retail price of the manufacturer or our normal ticketed price.
Electronic communications from us
You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other service related communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002. You agree, pursuant to section 11(2) of the Unsolicited Electronic Messages Act 2007 (“Act”), that commercial electronic messages sent to you by or on behalf of us in accordance with the Act need not include a functional unsubscribe facility in that message.
Farm Source jobs
The Farm Source Jobs page (“Farm Source Jobs”), which is available through this Site and to the public through Fonterra.com, is an onsite forum for people to advertise the availability of employment. We are not responsible for, and have no control over, the accuracy, availability, or legality of any offers made. You acknowledge that any information you post in an advertisement on Farm Source Jobs is made available to the public.
You are solely responsible for any negotiations or agreements between yourself and any other person entered into through or in connection with Farm Source Jobs. We have no liability or responsibility whatsoever to any person in respect of any use of Farm Source Jobs or as a result of or in connection with any negotiations or agreements entered into through Farm Source Jobs.
If any dispute arises between you and another person or party as a result of or in connection with your use of Farm Source Jobs or as a result of or in connection with any negotiations or agreements entered into through Farm Source Jobs, you agree that the limitations, indemnities and disclaimers set out in these Terms shall apply for our benefit.
You agree to comply with all applicable laws and regulations in placing your advertisement on Farm Source Jobs. We may, but we are not obliged to, review any advertisement and reserve the right to edit any part of, or remove, any advertisement for any reason, without giving you notice.
Except for personal information (as described in the Privacy Act 1993) we may collect, store, and use information, provided by you in advertisements on Farm Source Jobs for our own business, research, statistical and other purposes relating to the dairy industry and may provide that information, in any form, to third parties for these purposes.
Farm Source Community
The Farm Source Community is a place for you (our farmers) to collaborate, socialise and share. However we ask you to please be respectful of the entire community and refrain posting comments that:
a. Contain curse words or offensive language
b. Contain hate speech
c. Contain degrading content
d. Contain false statements and claims
e. Contain personal attacks or discriminate against others
f. Are harmful to children
g. Contain inflammatory religious or racial content
h. Reference a third party page or website including posting a link (unless we’ve agreed to it beforehand)
i. Contain confidential information relating to other users
j. Endorse or proclaim any illegal activity
k. Contain spam links
l. Use the page to promote personal causes, charities or business activities
We reserve the right to remove any comments or posts that do not play by these rules, without warning or explanation. Any individual or group found to repeatedly violate this policy will be removed from the Farm Source Community. Please let us know if you consider these guidelines been breached.
By making any contribution to the Farm Source Community - including comments, photos or videos – you are granting us permission to reuse this content inside the Farm Source Community platform. Permission will be sought via an individual request to the owner of the comment if we wish to use the content outside of the Farm Source Community platform. Please direct message the Farm Source Community admin or email NZfarmsource@fonterra.com with any questions or concerns.
Your Username and Password
If you register as a User, you will be issued with a Username and Password. You will be given your own Username as part of the application process. Under no circumstances should you keep a written or electronic record of your Password, nor disclose your Password to any other person. You must keep your Password confidential to you alone and you must take all reasonable steps to prevent disclosure of your Password.
Your Username and Password allow you to log in to all of the Online Services.
If you share your Username and Password with anyone they will also be able to access your entire Farm Source account, including not just your farm data but any Store and Rewards account transaction functionality that you may have access to.
Third party access to your information and data
If you choose to use the Staff and Third Party Access facility, you may grant online access to certain individuals nominated by you to some or all of your farm management data held by us, and online access to all of the Online Services.
You are solely responsible for your use of this facility, for any use of this facility which uses your Username and Password, and for any data access provided by us in accordance with your use of the Staff and Third Party Access facility.
Where you use the Staff and Third Party Access facility to grant access to third parties (“Third Party User”), you agree that:
Fonterra will provide each Third Party User with a Username. You are responsible for ensuring that the correct Username is specified for each Third Party User you intend to allow access to your information or data.
a. Fonterra will not be responsible for any harm caused to you or others as a result of any access to your information or data by any Third Party User due to incorrect provision by you of a Third Party User’s Username.
b. You are responsible for granting a Third Party User you nominate access to each page on the Site.
c. You may be able to change or remove the access rights of Third Party Users granted by other Users in respect of your information or data. Other Users who are authorised to use the Third Party Access facility in respect of your information and data may change or remove the access rights which you granted to your Third Party User.
d. Fonterra has no responsibility for your use of the Third Party Access facility, or the use of the facility by any other User authorised to use the facility in respect of your information and data.
e. Fonterra will not be responsible for any harm caused to you or others by you or others allowing a Third Party User to view your information or data, or for any amendments made by a Third Party User to your information or data where you, or another User, have allowed a Third Party User access to a page that allows for the amendment or updating of information or data.
Unauthorised use and unauthorised disclosure of your password
You agree to:
a. effect and maintain security measures to prevent:
i. third parties gaining access to and/or using the Site (including the Online Services), or your Username or Password; and
ii. any other interference with the Site (including the Online Services),
(together "Unauthorised Use"); and
iii. any loss or damage arising from Unauthorised Use;
b. notify us immediately if you become aware of any Unauthorised Use and, at your cost, take any action which is necessary or which we may require to prevent any further Unauthorised Use occurring and make good any damage arising from any Unauthorised Use; and
c. advise us immediately of any unauthorised disclosure of your Username or Password.
Closing your account
You can cease using the Online Services at any time, however, this will not have the effect of closing your User account or deleting Your Data. You will remain responsible for Your Data and any activity through your User account.
Third party rights
The rights and obligations of Fonterra under these Terms apply to the benefit of, and are enforceable by, our related companies under the Contract and Commercial Law Act 2017, Part 2, Subpart 1 (and its successive legislation).