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Thursday Plantation Australia's Original Logo Green

TERMS & CONDITIONS

NEW ZEALAND

SITE TERMS AND CONDITIONS

THIS SITE IS INTENDED FOR RESIDENTS OF NEW ZEALAND ONLY.

Welcome to the Thursday Plantation® brand website. This Site is owned and operated by Integria Healthcare (New Zealand) Limited (“Integria”), with outsourced technical assistance. The information provided on this site is for general informational, marketing and educational purposes only.  By using this site, you agree to be bound by, and to comply with the Terms and Conditions on this page. Please read the Terms and Conditions carefully before accessing this site. By accessing or using this site, you agree without restriction to be bound by the Terms and Conditions. If you do not agree to follow and be bound by these Terms and Conditions, you may not access, use or download materials from this site. Integria Healthcare reserves the right to change the Terms and Conditions from time to time, as reasonably necessary.

Nothing on this website should be construed as the giving of advice or the making of a recommendation regarding any decision or action related to your health or the health of others.  You should consult a doctor or other qualified health care professional regarding any questions you have about your health or before making any treatment decisions.

This website may contain information about products, health conditions and their treatment. Baxter makes no representation that material in the site is appropriate or available for use outside of the territory of the intended audience. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable.  Nothing herein should be construed as a solicitation or promotion for any product or for an indication for any product which is not authorised by the laws and regulations of the country where the reader resides.

Integria respects the privacy of its website users. Please refer to Integria Healthcare’s Privacy Policy that explains users’ rights and responsibilities with respect to information that is disclosed on this site.

1.     Definitions

In these Terms and Conditions, the following words and phrases shall have the following meanings, unless the context otherwise requires:

• “Integria” means Integria Healthcare (New Zealand) Limited and any related entity;

• “Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, service marks, trade marks, designs, patents, know-how, circuit layouts, software, business and domain names, inventions and other results of intellectual activity;

• “Site” means any site owned by Integria and all parts and pages of it;

• “Software” means any software which is required by, relevant to, or used in conjunction with the Site including but not limited to all object and source codes, copyright, inventions, discoveries, novel designs whether or not registrable as designs or patents, including any invention of or development or improvements to equipment, technology, methods or techniques relating to the software;

• “Us” means Integria and “We” or “Our” shall be interpreted accordingly;

• “You” means the person or entity that accesses the Site and “Your” shall be interpreted accordingly.

2.     Access

(a) Your use of this Site is by non-exclusive licence granted by Us strictly in accordance with these Terms and Conditions.

(b) You acknowledge and agree with Us that You will not, as a result of being granted a non-exclusive licence, acquire any rights (including without limitation Intellectual Property Rights) in the Software, or the Site other than the non-exclusive rights granted in accordance with these Terms and Conditions.

(c) The Site is available only to, and may only be used by, individuals who can form legally binding contracts under their applicable law. Without limiting the foregoing, Our services are not intended to be used by persons under 18 years of age. If you do not qualify, please do not use Our services.

(d) In order to use this Site, You require the equipment and connections necessary to access the World Wide Web.

You are responsible for:

(e) the provision of any such connection or access to the World Wide Web;

(f) the payment of any fees associated with such connection or access (such as those charged by an internet service provider or other online service); and

(g) the provision of all equipment necessary for you to make any such connection to the World Wide Web, including a computer and a modem.

3.     Use of Site

In relation to the Site You must not:

• download and store electronically, reproduce, transmit, display, copy, distribute or use the Software or any materials contained in the Site except for research or personal use or as otherwise authorised by Integria;

• sub-license, rent, lease, transfer or attempt to assign the rights in the Site or the Software to any other person and any dealing in contravention of this sub-clause shall be ineffective;

• make the Site available on a network;

• use the Site or the Software except as permitted by these Terms and Conditions;

• upload any files that contain viruses, Trojan horses, worms, time bombs, corrupted files or any other similar software or programs that may damage the operation of the Site or another’s computer or property of another; or

• input any material which is subject to Intellectual Property Rights of Us or any third party.

4.     System Integrity & User Conduct

(a) You must not use the Site or any other communication medium of Integria, including Facebook and any other social media platform, to:

(i) impersonate or otherwise misrepresent Your identity or affiliation with any other person or entity;

(ii) input, upload, post, disclose or transmit any material that is defamatory, obscene, indecent, lewd, pornographic, violent, abusive, insulting, threatening, harassing or misleading or deceptive;

(iii) input, upload, post, disclose or transmit any material which is subject to Intellectual Property Rights of Us or any third party or breaches any duty of confidence or contractual obligation owed to Us or any third party;

(iv) input, upload, post, disclose or transmit any material that is unlawful or violates any law;

(v) send junk, obscene, indecent, offensive or threatening electronic mail or electronic mail in contravention of the Spam Act 2003 to any person or company;

(vi) falsify or delete any attributions, legends, or other proprietary designations of origin or source of any content of the Site;

(vii) conduct, display, or forward surveys, contests, pyramid schemes, or chain letters;

(viii) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;

(ix) attempt to gain unauthorised access to the Site or computer systems or networks connected to the Site through any means;

(x) commit forgery (or attempted forgery), harass any individual, or harm minors in any way;

(xi) collect, store, input, upload, post, disclose or transmit personal information or data about others, including, without limitation, tax file number information and email addresses;

(xii) breach any applicable privacy legislation or principles; or

(xiii) contravene or breach any applicable state, Commonwealth or international law, convention or regulation.

(b) You acknowledge and agree that You must not:-

(i) use the Site for any purpose other than the purpose for which it was designed and intended;

(ii) commit or permit any act which may interfere with the use of the Site by any other user;

(iii) tamper with, hinder the operation of or make unauthorised modifications to the Site or any part thereof;

(iv) copy, republish, frame, download, transmit, rent, lease, loan, sell, distribute, licence or sublicense the Software or any content within the Site or any part thereof; or

(v) damage, modify, alter, adapt, disassemble, reverse engineer, decompile or amend the Software or any content within the Site or any part thereof in any way.

(c) You acknowledge and agree that any material contributed by You on our Site, Facebook or other media may be removed by Us at Our discretion and We shall accept no liability for any loss or damage caused by or in connection with such removal.

(d) You must not without prior written consent of Us which shall be given, given with conditions or withheld at Our absolute discretion affix or otherwise display Your name or logo on the content of the Site in a way that suggests a direct or indirect association with Us and/or any content provider to the Software or the Site.

5.     Links & Advertising

(a) This Site may contain links to third party websites. Those websites are not under the control of Us and We are not responsible for the content of the links contained in those websites or any webcasting or other transmission received from any such websites.

(b) Neither We nor Our officers, directors, employees, agents, or related bodies corporate recommend or endorse the content of any third party websites which may be linked to or from the Site, or products or services of any third party organisations mentioned or described on this Site or linked to or from this Site. You acknowledge that you enter any third party websites at Your own risk.

(c) The Site may contain advertisements for third parties’ goods and/or services. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Neither We nor Our officers, directors, employees, agents or related bodies corporate recommend or endorse the goods or services that may be advertised on the Site, nor do they offer the goods or services for sale or make any other representation whatsoever about them. If you choose to order a product or service advertised by a third party on the Site, you do so at Your own risk.

(d) You may link the Site from any other website not owned or operated by Us without prior written consent from Us, however, You acknowledge and agree that We reserve the right to block or otherwise disallow such links at Our discretion.

6.     Intellectual Property Rights

(a) The information, names, text materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the Site (the “Content”) is protected by Intellectual Property Rights.

(b) The Content, the Software, and the Site are protected by copyright laws and other Intellectual Property Rights. You acknowledge that We are the owner of these rights, with Our affiliates or other third party licensors.

(c) All product and company names and logos contained within the Site are the trade marks, service marks or trading names of their respective owners, including Us.

(d) You acknowledge and agree that no right, title or interest in any of the Intellectual Property Rights in the Content, the Software, or the Site is transferred or granted to You, other than the rights granted expressly by these Terms and Conditions.

(e) You agree that any Intellectual Property Rights created, formulated or discovered by You through the use or access to the Software, or the Site will be the sole and exclusive property of Us including but not limited to any content and/or work or material created, formulated or developed by You and submitted by You through the use or access to the Software or the Site;

(f) You will promptly sign all documents and do all things necessary to register, vest or transfer any interest or ownership in the Intellectual Property Rights created under to Us.

7.   Information Provided and Privacy

(a) Our Privacy Policy forms part of these Terms and Conditions.

(b) A breach of Our Privacy Policy shall constitute a breach of these Terms and Conditions.

(c) In addition to Our Privacy Policy, the following applies to any information that You provide to Us;

(i) You authorise Us to use, store or otherwise process any information including personal information which relates to and/or identifies You, including, but not limited to, Your name, company or business name, email address, other social media information such as Facebook and postal address (the “Personal Information”), to the extent reasonably necessary for the provision of the Site by Us, Our successors (including the purchaser of the whole or part of Our business), associates, sub-contractors or other third parties.

(ii) You must ensure that the Personal Information You provide to Us and that all registration details (where applicable) contain Your correct name, address, e-mail address and other requested details.

(iii) By accepting these Terms and Conditions, You agree to the processing and disclosure of the Personal Information for the purpose of us providing the Site. If You would like to review or modify any part of Your Personal Information then You should contact Us.

8.   Warranties

(a) We do not warrant that:

(i) the Software, or the Site will provide any function for which it is not specifically designed;

(ii) the Software or the Site will provide any minimum level of performance; or

(iii) the Software or the Site will be virus free or free of performance anomalies or be operational without interruption.

(b) You warrant to Us that at the time of entering into the Site, You were not relying on any representation made by Us.

(c) Except as expressly provided to the contrary, and to the extent permitted by law, We make no representations or warranties of any kind, express or implied as to the operation of Your access to or the results of Your access to the Software or the Site (including any related or linked websites) or the correctness, accuracy, timeliness, or completeness or reliability of the information, content, materials or products included on the Site.

9.      Disclaimer of Warranties With Respect to Use of Website

The Site is provided on an “as is” and “as available” basis. Except as specifically provided herein, to the fullest extent permissible pursuant to applicable law, We expressly disclaim all warranties of any kind, whether express, legal or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose and non-infringement. 

To the maximum extent permitted by law, We do not make any warranty that the website will meet your requirements, or that access to the website will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. To the maximum extent permitted by law, We make no warranties as to the results that may be obtained from the use of the website or as to the accuracy, quality, or reliability of any information obtained through the website. 

You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the website is used at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.

To the maximum extent permitted by law, no advice or information, whether oral or written, obtained by you from Us or through the website shall create any warranty not expressly made herein.

10. Limitations of Liability

You expressly understand and agree that under no circumstances will We, our affiliates and any of their respective directors, officers, employees, agents, mandataries or other representatives be liable for direct, indirect, special, incidental, consequential, punitive or aggravated damages, including, without limitation, any loss of use, loss of income, saving or profits, loss of data, loss of goodwill, cost of procurement of substitute services, or any other indirect, special, incidental, or consequential damages, howsoever caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), or otherwise resulting from (1) the use of, or the inability to use, the website; (2) the cost of procurement of substitute services, items, or websites; (3) unauthorised access to or alteration of your transmissions or data (including personal information); (4) the statements or conduct of any third party on the website; or (5) any other matter relating to the website. These limitations will apply whether or not site owner has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy. This exclusion of liability shall apply to the fullest extent permitted by applicable laws.

Where applicable laws imply any warranties, guarantees or conditions or impose obligations upon persons which cannot be excluded, restricted or modified except to a limited extent, these terms of use must be read subject to those laws. If those laws apply, to the extent to which We are able to do so, Our liability will be limited, at Our option, to (1) in the case of any goods supplied by Us, either (a) replacement of the goods or supply of equivalent goods; (b) repair of the goods; (c) payment of the cost of replacing the goods or acquiring equivalent goods; or (d) payment of the cost of having the goods repaired; or (2) in the case of any services performed by Us, either (a) the performance of the services again; or (b) the payment of the cost of having the services performed again.

11.   General

• Publication of electronic addresses on this Site is for the purpose of professional communication only and must not be used to infer consent to the receipt of unsolicited commercial electronic messages.

• We may from time to time amend, update, or change the Site, including these Terms and Conditions, without prior notice.

• We shall not be liable by reason of the failure in the performance of obligations under the Terms and Conditions by reason of strikes, riots, fire, explosion, acts of God, governmental action, or any other cause which is beyond the reasonable control of Us, including any form of technological failure or the actions of third parties.

• If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is not enforceable, and the remaining provisions of the Terms and Conditions shall remain in full force and effect.

• The failure by Us to insist upon or enforce strict performance of any of these Terms and Conditions will not be construed as a waiver of any right or remedy of Ours in respect of any existing or subsequent breach of these Terms and Conditions.

• No waiver by a party of a provision of this Agreement is binding unless made in writing.

• The law of New Zealand governs these Terms and Conditions. You hereby consent and submit to the non-exclusive jurisdiction and venue of the Courts of New Zealand for any cause of action relating to or arising under these Terms and Conditions.

Last updated: 18 August 2020

Always read the label. Follow the directions for use. If symptoms persist, talk to your health professional.