WINNER OF THE 'SUPREME' AWARD AT THE 2018 NZ FOOD AWARDS

Website Terms and Conditions of Use

This website (www.thewholemix.co.nz) is owned by The Whole Mix Co. Limited, Lower High St, Marton, New Zealand (referred to as "we", "our" or "us"). Your use of this Website is governed by these terms and conditions of use. By accessing and browsing this Website you agree to be bound by these terms and conditions of use. If you do not accept these terms and conditions, please do not use this Website.

Intellectual Property

All intellectual property on this Website, including without limit, the text, graphics, copyright works and trade marks, is owned by us (or by third-party content suppliers). We are the exclusive owner of all rights in the compilation, design and layout of this Website.

Nothing in these terms and conditions of use constitutes a transfer or licence of any of our intellectual property on this Website.

Right to Use Website and Content

Except for accessing, viewing and printing the content on this Website, you may not reproduce, copy, adapt, store, link to, show in a public forum, commercialise, distribute or transmit any of the material contained in this Website without our prior written permission. Any reproduction, copying, adaptation, public showing, commercialisation, distribution or transmission of the material contained in this Website must include a prominent acknowledgement of our rights in the relevant content.

We reserve the right to prohibit links to this Website, and you agree to remove or cease any link upon our request. You may not frame any part of the Website material by including advertising or other revenue-generating material.

You may not use this Website for any illegal activity or any activity that would cause us to breach any law. You may not use this Website in any way that may bring us into disrepute, or for any activity that we determine, in our sole discretion, to be inappropriate, including any use that is:

  1. vulgar, offensive, sexually explicit, profane or pornographic;
  2. derogatory of any race, ancestry, place of origin, colour, ethnic origin, citizenship, religion, sex, sexual orientation, age, marital status, family status or disability; endorses any form of hate or hate group;
  3. defamatory, or misrepresents or contains disparaging remarks about other people, products or companies;
  4. violent or promotes the use of alcohol, illegal drugs, tobacco, or weapons;
  5. promoting unsafe activities;
  6. copyrighted material or intellectual property owned by others;
  7. personal identification information, such as persons' names, email addresses, street addresses or license plate numbers;
  8. communicating messages inconsistent with the positive image of the Promoter's name and brand; or
  9. in violation of any law.
Disclaimer

The information provided on this Website is for general information purposes only and has not been prepared by taking into account the particular objectives, situation or needs of any individual users. Use of information and material contained on this Website is at your own risk.

Although we have tried to ensure the content on this Website is current, accurate and complete, to the extent permitted by law, we do not guarantee that such content will be current, accurate or complete when you access it. Postings are made at such times as we determine in our discretion, and we do not review past postings to determine whether they remain accurate. We will take action, within a reasonable time, to correct any error or inaccuracy which is brought to our attention.

If any of these terms and conditions are determined to be illegal, invalid or otherwise unenforceable, then the remaining terms and conditions shall continue in full force and effect. Our failure to enforce any term or condition of these terms and conditions shall not constitute a waiver of that or any other provision by us.

Exception to Disclaimer

This disclaimer set out in these terms and conditions of use does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded. Nothing in this disclaimer is intended to exclude, restrict or modify a consumer's rights under the Consumer Guarantees Act 1993. Nothing in this disclaimer is intended to exclude our obligation under any product warranty that we have given. In the event of any inconsistency between the terms of use of this Site and any product warranty given by us, the terms of the product warranty will prevail.

Third Party Websites

This Website contains links to third party Websites. These Websites have not been prepared by us and are not controlled by us. They are provided for your convenience only, and do not imply that we check, endorse, approve or agree with third party websites that this Website links to.

The Site may also contain third-party advertisements. Advertisements are not recommendations or endorsements by us. You should refer to the relevant advertiser for information on its products and/or services.

You agree to indemnify, hold harmless and defend us and our affiliates, officers, and employees from any loss, liability, claim, demand, damage, or expenses (including reasonable attorneys’ fees) asserted by any third party due to or arising from or in connection with your conduct on this Website, or from any content or messages posted or transmitted by you on or through this Website. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.

User-Provided Content

If you provide or contribute any content or other materials to us and/or to this Website or our social media pages ("User Content"), you agree that we, and anyone authorised by us, can use that User Content in any manner free of any obligation to you. This includes granting us the right to copy, distribute, modify, licence and exploit any User Content in perpetuity by any means and media now known or developed in the future, without payment or other consideration to you or any other person, including use in advertising and promotion. By posting or uploading any User Content to this Website or providing any User Content to us, you automatically and irrevocably:

  • grant and assign to us any and all rights in the User Content throughout the world including without limitation all copyright, and waive all moral rights in the User Content that may be available to you in any part of the world. If any of these rights cannot be assigned to us, you grant us a perpetual royalty-free worldwide licence to any and all rights in the User Content, including without limitation, all copyright, with the right to sub-licence;
  • appoint us as your agent with power to enter into any document and/or do any act (and you agree to execute any documents) we may consider appropriate to confirm and enforce the rights granted under these terms of use; and
  • warrant that:
    (1) you are the owner of the User Content and entitled to enter into these Terms of Use,
    (2) you have obtained all necessary permissions and licences for any third-party materials necessary for us to exploit the rights granted to us in the User Content; and
    (3) no User Content will be subject to any obligation, of confidence or otherwise, to you or any other person.
Promotions and Competitions

You may need to agree to additional terms and conditions for any promotions or competitions which may be available to you from time to time through this Website, prior to being able to obtain or participate in such promotions or competitions. Any such additional terms and conditions must be read in conjunction with these terms of use. In the event of any inconsistency between these the terms of use for this Website and any promotion or competition terms and conditions, the relevant promotion or competition terms and conditions will prevail.

Cookies

We may use "cookies" to provide you with access to tailored information and services on the Site and to serve you better when you return to it. A cookie is a small data file that the Site sends to your browser, which may then be stored on your system for later retrieval by the Site. Cookies track your movements through different Websites, and are widely used on Websites to help with navigation and to help personalise your experience when you visit a Website.

All Liability Excluded

To the extent permitted by law:

  • all warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limit, suitability, fitness for purpose, accuracy or completeness of this Website or the content on or accessed through it; and
  • we will not be liable for any damage, loss or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with your access to or use of this Website or the content on or accessed through it.

Nothing in these terms of use is intended to exclude, restrict or modify a consumer's rights under the Consumer Guarantees Act 1993, or any other statutory rights that may not be excluded, restricted or modified.

Privacy Policy

The Privacy Policy available on our home page governs the collection, use and disclosure of your personal information by us. The Privacy Statement forms a part of these terms of use.

Jurisdiction and Governing Law

This Website and content has been prepared in accordance with the requirements of New Zealand law. These terms and conditions of use 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 jurisdiction of New Zealand courts.

Amendments

We may amend these terms and conditions of use from time to time, and you should check and read these terms and conditions of use regularly. By continuing to use this Website after any such amendment, you are deemed to have agreed to the amended terms and conditions of use.

Security of Information

Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Your use of this Website is at your own risk. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, 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.

Contacting Us

If you have any questions or concerns in relation to this Website or these terms and conditions of use, please contact us at: [info@thewholemix.co.nz].

Spiralised Noodle Creation Competition Terms and conditions

To be eligible to enter individuals must reside in New Zealand. To enter, individuals must post a photo of their Spiralised Vegetable Noodle creation on either Facebook or Instagram and tag The Whole Mix.

  1. Information on how to enter and prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
  2. Entry is open to New Zealand residents.  Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter.
  3. Photos submitted must be of the individual's own food creation.
  4. By submitting their photo, the individual gives permission for use on the The Whole Mix website, Facebook page, Instagram page.
  5. The Promoter reserves the right to publish the winners' name, any images provided as part of the entry, and description of the food creation.
  6. Incomplete or indecipherable entries will be deemed invalid.
  7. Promotion starts 25th June and finishes 5th August 2018. Each week a weekly winner is chosen based on the best meal creation. These weekly winners are then put into the main prize draw. The weekly winners and overall winners will be notified by Facebook or Instagram. The Promoter’s decision is final and no correspondence will be entered into.
  8. Prizes are not transferable or exchangeable and cannot be taken as cash, unless stipulated otherwise. They may be provided as product or as vouchers.
  9. The weekly prize pool is Reusable The Whole Mix bags. The overall prize is a NutriBullet. These prizes are subject to availability and if unavailable will be replaced with similar products to equal or lesser value.
  10. The Promoter reserves the right to modify these rules, suspend or discontinue this promotion at any time.
  11. These rules are governed by the relevant laws of New Zealand.
  12. The Promoter is The Whole Mix, Lower High Street, Marton, New Zealand.

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