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This website is operated by Springbrook Foods Limited, trading as SideCar Mayonnaise.
Throughout the site, the terms “we”, “us” and “our” refer to Springbrook Foods Limited.
SideCar Mayonnaise offers this website, including all information, tools, and services
available from this site to you, the user, conditioned upon your acceptance of all terms,
conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service”
and agree to be bound by these terms and conditions (“Terms of Service”, “Terms”),
including any additional terms and conditions and policies referenced herein and/or
available by hyperlink. These Terms of Service apply to all users of the site, including
without limitation users who are browsers, vendors, customers, merchants, and/or
contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By
accessing or using any part of the site, you agree to be bound by these Terms of
Service. If you do not agree to all the terms and conditions of this agreement, then you
may not access the website or use any Services. If these Terms of Service are
considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to
the Terms of Service. You can review the most current version of the Terms of Service at
any time on this page. We reserve the right to update, change, or replace any part of
these Terms of Service by posting updates and/or changes to our website. It is your
responsibility to check this page periodically for changes. Your continued use of or access
to the website following the posting of any changes constitutes acceptance of those
changes.
By agreeing to these Terms of Service, you represent that you are at least the age of
majority in your jurisdiction of residence, or that you are the age of majority in your
jurisdiction of residence, and you have given us your consent to allow any of your minor
dependents to use this site. You may not use our products for any illegal or unauthorized
purpose nor may you, in the use of the Service, violate any laws in your jurisdiction
(including but not limited to copyright laws). You must not transmit any worms or
viruses or any code of a destructive nature. A breach or violation of any of the Terms will
result in an immediate termination of your Services.
We reserve the right to refuse Service to anyone for any reason at any time. You
understand that your content (not including credit card information), may be transferred
unencrypted and involve (a) transmissions over various networks; and (b) changes to
conform and adapt to technical requirements of connecting networks or devices. Credit
card information is always encrypted during transfer over networks. You agree not to
reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the
Service, or access to the Service or any contact on the website through which the
Service is provided, without express written permission by us.
We are not responsible if information made available on this site is not accurate,
complete, or current. The material on this site is provided for general information only
and should not be relied upon or used as the sole basis for making decisions without
consulting primary, more accurate, more complete, or more timely sources of
information. Any reliance on the material on this site is at your own risk. This site may
contain certain historical information. Historical information, necessarily, is not current
and is provided for your reference only. We reserve the right to modify the contents of
this site at any time, but we have no obligation to update any information on our site.
You agree that it is your responsibility to monitor changes to our site.
Prices for our products are subject to change without notice. We reserve the right at any
time to modify or discontinue the Service (or any part or content thereof) without notice
at any time. We shall not be liable to you or to any third party for any modification, price
change, suspension, or discontinuance of the Service.
Certain products or Services may be available exclusively online through the website.
These products or Services may have limited quantities and are subject to return or
exchange only according to our Refund Policy. We have made every effort to display as
accurately as possible the colours and images of our products that appear at the store.
We cannot guarantee that your computer monitor's display of any colour will be
accurate. We reserve the right, but are not obligated, to limit the sales of our products
or Services to any person, geographic region, or jurisdiction. We may exercise this right
on a case-by-case basis. We reserve the right to limit the quantities of any products or
Services that we offer. All descriptions of products or product pricing are subject to
change at any time without notice, at the sole discretion of us. We reserve the right to
discontinue any product at any time. Any offer for any product or Service made on this
site is void where prohibited. We do not warrant that the quality of any products,
Services, information, or other material purchased or obtained by you will meet your
expectations, or that any errors in the Service will be corrected.
We reserve the right to refuse any order you place with us. We may, in our sole
discretion, limit or cancel quantities purchased per person, per household, or per order.
These restrictions may include orders placed by or under the same customer account,
the same credit card, and/or orders that use the same billing and/or shipping address. In
the event that we make a change to or cancel an order, we may attempt to notify you by
contacting the email and/or billing address/phone number provided at the time the order
was made. We reserve the right to limit or prohibit orders that, in our sole judgment,
appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information
for all purchases made at our store. You agree to promptly update your account and
other information, including your email address and credit card numbers and expiration
dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy.
We may provide you with access to third-party tools over which we neither monitor nor
have any control nor input. You acknowledge and agree that we provide access to such
tools “as is” and “as available” without any warranties, representations, or conditions of
any kind and without any endorsement. We shall have no liability whatsoever arising
from or relating to your use of optional third-party tools. Any use by you of the optional
tools offered through the site is entirely at your own risk and discretion and you should
ensure that you are familiar with and approve of the terms on which tools are provided
by the relevant third-party provider(s). We may also, in the future, offer new Services
and/or features through the website (including the release of new tools and resources).
Such new features and/or Services shall also be subject to these Terms of Service.
Certain content, products, and Services available via our Service may include materials
from third parties. Third-party links on this site may direct you to third-party websites
that are not affiliated with us. We are not responsible for examining or evaluating the
content or accuracy and we do not warrant and will not have any liability or
responsibility for any third-party materials or websites, or for any other materials,
products, or Services of third parties. We are not liable for any harm or damages related
to the purchase or use of goods, Services, resources, content, or any other transactions
made in connection with any third-party websites. Please review carefully the third
party's policies and practices and make sure you understand them before you engage in
any transaction. Complaints, claims, concerns, or questions regarding third-party
products should be directed to the third party.
If, at our request, you send certain specific submissions (for example contest entries) or
without a request from us, you send creative ideas, suggestions, proposals, plans, or
other materials, whether online, by email, by postal mail, or otherwise (collectively,
'comments'), you agree that we may, at any time, without restriction, edit, copy,
publish, distribute, translate, and otherwise use in any medium any comments that you
forward to us. We are and shall be under no obligation (1) to maintain any comments in
confidence; (2) to pay compensation for any comments; or (3) to respond to any
comments.
We may, but have no obligation to, monitor, edit or remove content that we determine
in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory,
pornographic, obscene, or otherwise objectionable or violates any party’s intellectual
property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including
copyright, trademark, privacy, personality, or other personal or proprietary right. You
further agree that your comments will not contain libelous or otherwise unlawful,
abusive, or obscene material, or contain any computer virus or other malware that could
in any way affect the operation of the Service or any related website. You may not use a
false email address, pretend to be someone other than yourself, or otherwise mislead us
or third parties as to the origin of any comments. You are solely responsible for any
comments you make and their accuracy. We take no responsibility and assume no
liability for any comments posted by you or any third party.
Your submission of personal information through the store is governed by our Privacy
Policy.
Occasionally there may be information on our site or in the Service that contains
typographical errors, inaccuracies, or omissions that may relate to product descriptions,
pricing, promotions, offers, product shipping charges, transit times, and availability. We
reserve the right to correct any errors, inaccuracies, or omissions, and to change or
update information or cancel orders if any information in the Service or on any related
website is inaccurate at any time without prior notice (including after you have
submitted your order). We undertake no obligation to update, amend or clarify
information in the Service or on any related website, including without limitation, pricing
information, except as required by law. No specified update or refresh date applied in the
Service or on any related website should be taken to indicate that all information in the
Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited
from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to
perform or participate in any unlawful acts; (c) to violate any international, local,
regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our
intellectual property rights or the intellectual property rights of others; (e) to harass,
abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on
gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f)
to submit false or misleading information; (g) to upload or transmit viruses or any other
type of malicious code that will or may be used in any way that will affect the
functionality or operation of the Service or of any related website, other websites, or the
Internet; (h) to collect or track the personal information of others; (i) to spam, phish,
pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k)
to interfere with or circumvent the security features of the Service or any related
website, other websites, or the Internet. We reserve the right to terminate your use of
the Service or any related website for violating any of the prohibited uses.
We do not guarantee, represent, or warrant that your use of our Service will be
uninterrupted, timely, secure, or error-free. We do not warrant that the results that may
be obtained from the use of the Service will be accurate or reliable. You agree that from
time to time we may remove the Service for indefinite periods of time or cancel the
Service at any time, without notice to you. You expressly agree that your use of, or
inability to use, the Service is at your sole risk. The Service and all products and
Services delivered to you through the Service are (except as expressly stated by us)
provided 'as is' and 'as available' for your use, without any representation, warranties, or
conditions of any kind, either express or implied, including all implied warranties or
conditions of merchantability, merchantable quality, fitness for a particular purpose,
durability, title, and non-infringement. In no case shall Springbrook Foods Limited, our
directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service
providers, or licensors be liable for any injury, loss, claim, or any direct, indirect,
incidental, punitive, special, or consequential damages of any kind, including, without
limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any
similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using
the Service, or for any other claim related in any way to your use of the Service or any
product, including, but not limited to, any errors or omissions in any content, or any loss
or damage of any kind incurred as a result of the use of the Service or any content (or
product) posted, transmitted, or otherwise made available via the Service, even if
advised of their possibility. Because some jurisdictions do not allow the exclusion or the
limitation of liability for consequential or incidental damages, in such jurisdictions, our
liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Springbrook Foods Limited and our
parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors,
licensors, Service providers, subcontractors, suppliers, interns, and employees, harmless
from any claim or demand, including reasonable attorneys’ fees, made by any third party
due to or arising out of your breach of these Terms of Service or the documents they
incorporate by reference, or your violation of any law or the rights of a third party.
In the event that any provision of these Terms of Service is determined to be unlawful,
void, or unenforceable, such provision shall nonetheless be enforceable to the fullest
extent permitted by applicable law, and the unenforceable portion shall be deemed to be
severed from these Terms of Service, such determination shall not affect the validity and
enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall
survive the termination of this agreement for all purposes. These Terms of Service are
effective unless and until terminated by either you or us. You may terminate these
Terms of Service at any time by notifying us that you no longer wish to use our Services,
or when you cease using our site. If in our sole judgment you fail, or we suspect that
you have failed, to comply with any term or provision of these Terms of Service, we also
may terminate this agreement at any time without notice and you will remain liable for
all amounts due up to and including the date of termination; and/or accordingly may
deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service
shall not constitute a waiver of such right or provision. These Terms of Service and any
policies or operating rules posted by us on this site or in respect to The Service
constitutes the entire agreement and understanding between you and us and govern
your use of the Service, superseding any prior or contemporaneous agreements,
communications, and proposals, whether oral or written, between you and us (including,
but not limited to, any prior versions of the Terms of Service). Any ambiguities in the
interpretation of these Terms of Service shall not be construed against the drafting
party.
These Terms of Service and any separate agreements whereby we provide you Services
shall be governed by and construed in accordance with the laws of New Zealand and are
subject to the non-exclusive jurisdiction of the courts of New Zealand.
You can review the most current version of the Terms of Service at any time on this
page. We reserve the right, at our sole discretion, to update, change or replace any part
of these Terms of Service by posting updates and changes to our website. It is your
responsibility to check our website periodically for changes. Your continued use of or
access to our website or the Service following the posting of any changes to these Terms
of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at getmayo@sidecarmayo.nz.
