Frequently Asked Questions

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Terms of Use of Website

1. TERMS OF USE

The information below applies to personal information (information about an identifiable individual) we, Cheeki Cherries Limited, collect about you when you visit and browse our website.

1.1 Contact us

We are Cheeki Cherries Limited.

This website is owned and operated by Cheeki Cherries Limited.

If you have any questions or concerns about this policy or our processing of your personal information, you can contact us by:

email at martinmilne@xtra.co.nz

1.2 Disclaimer

The information we provide on the website is provided to you in good faith. However, it is an introduction to the sale of Cheeki Cherries produce we provide only. If you purchase Cheeki Cherries produce from us then at the time you place an order with us, you will be making an offer to purchase that produce. We can accept or decline that offer in our discretion. Separate terms relating to the sale and purchase of that produce will apply.

While we will do our best to make sure that the website is available, we cannot guarantee that it will always be uninterrupted or that your access will be error-free, or that any files available for download will be error-free or free from viruses, faults or defects.

Links or references to other websites are provided for your convenience only. Other websites are not under our control. We have not reviewed them and we do not endorse or assume responsibility for the contents of any other website.

If you wish to link to this website, you should request our permission. To do so, contact us on 021 808 747. You must not do anything which alters our website or interferes with how it works.

1.3 Intellectual Property

Unless otherwise shown, we own all the copyright and other intellectual property rights on the material on this website. The material on this site is subject to copyright except where it is otherwise noted. You can use the material for your own personal, non-commercial use provided that you acknowledge the source of the material and that you do not remove any copyright, trade mark or other intellectual property notices contained in the content, but you must not use the material in a misleading way.

However, you must not use any of our trade marks in any other way without our permission.

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1.4 Other

If you post any material to our site which we believe (in our own discretion) is inappropriate for our site, we may remove it.

Nothing in these terms affects any rights you may have under the Consumer Guarantees Act 1993.

New Zealand law governs this website.

Changes or updates to the content of this website may occur at any time. These terms may be changed or updated from time to time. Changes may take the form of completely new terms. We will post any changes on this website; any change applies from the date it is posted.

2. PRIVACY POLICY

We are committed to respecting your privacy and ensuring the security of any personal information you provide to us.

Unless we expressly agree otherwise, any personal information you provide to us, whether via this website, related social media accounts or otherwise, will be processed by us in accordance with this policy and all applicable privacy laws, including the Privacy Act 2020 (NZ) (Privacy Act).

This policy explains:

• when we might collect personal information from you and how we might collect that information;

• how we may use your personal information;

• how we will store your personal information;

• our use of cookies and analytics tools in connection with our website;

• your rights to request access to and correction of your personal information; and

• how you can contact us if you have any other questions regarding our processing of your personal information.

In this policy:

• applicable privacy laws means the Privacy Act together with all other data privacy laws applicable to our processing of your personal information;

• personal information means identifiable information about you, for example your name, email, address, telephone number and so on. If you cannot be identified (for example, when personal information has been aggregated and anonymised) then certain parts of this policy may not apply to that information; and

• where we refer to processing your personal information, we mean all activities relating to our use of that personal information, from its collection through to its storage and disposal and everything in between.

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In this policy, we, us, and our, refer to Cheeki Cherries Ltd. For more information about us please see the “Contact us” section below.

We encourage you to read this policy carefully. If you have any questions, please contact us using the details set out at the bottom of this policy.

2.1 When and how we may collect your personal information

The ways we may collect your personal information can be categorised into:

• Information you provide us directly.

• Information which is collected automatically.

• Information we collect from third parties.

2.2 Information you provide to us directly

The information you may provide to us may include:

• data allowing us to get in touch with you (contact data). This contact data may include your name, email address, telephone number, postal address, and/or communication preferences.

• information contained in or relating to any communication that you send to us or that we send to you (communication data). The communication data may include the communication content and metadata associated with the communication.

• information relating to transactions, including your purchases of goods and/or services, from us and/or through our website (transaction data). The transaction data may include your payment card details or other payment and transaction details.

• website user account data (account data). This account data may include your name, email address, account creation and modification dates, website settings and marketing preferences.

• data about your use of our website and services. The usage data may include personal information provided in accessing our website and ordering produce.

If you choose not to provide us with your personal information, then we may be unable to provide you with access to some of our services and some functions and features on our website may not be available to you.

2.3 Information collected automatically – use of cookies

This website uses cookies. A cookie is a file that stores information about you and your behaviour on the internet. Cookies are created by a web server when you browse a website and are stored on your web browser. Cookies are accessed by a webserver upon entering a website. Cookies used on this website enable some of the website's essential functionality and help us provide the best possible service to you by tailoring our services to best suit your preferences

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There are two types of cookies: persistent cookies and session cookies. Persistent cookies are stored on a web browser until they expire or are deleted. Session cookies expire upon the user closing their web browser.

We use cookies to:

• help us analyse the use and performance of our website and services.

• identify you as you navigate our website (for example to record items you wish to purchase in your shopping cart).

• personalise your experience by storing your preference.

• protect our user accounts and our services generally.

• tailor advertising and display advertising that will be most relevant to you.

2.4 Our third party service providers also use cookies in connection with this website. We use:

• Website Manager Remark Imagery Limited to create and update our website. Please see Remark Imagery Ltd website/privacy policy.

Most internet browsers give you the option to reject all cookies, accept all cookies, erase cookies stored on your device or be notified before a cookie is stored on your device. However, if you reject or erase the cookies referred to above some functionality or features of this website may not function properly or be fully available.

Please refer to your internet browser instructions if you want to find out more about rejecting or blocking cookies.

2.5 Information collected from third parties

We may collect personal information about you from third parties with your consent or where otherwise permitted by law (for example, where the source of the information is publicly available).

Where you provide us with any personal information about a third party, you must have that third party's consent to do so. By providing us any third party personal information, you warrant that you have that third party's permission to provide that information to us.

2.6 How we use your personal information

We will primarily use your personal information to provide you with any goods and/or services you have requested and to support our relationship with you.

We may also use your personal information:

• communications – to monitor, respond to and/or keep records of our e–mail communications and other correspondence with you;

• transactions – to provide our services, provide you with information in respect of our services, generate invoices and other payment–related documentation;

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• operations – to operate, improve and enhance the website and our services. We may analyse the use of our website or services to ensure our website and services are provided in the most effective manner for you;

• marketing – if you opt–in to receive information about our promotional offers and/or newsletters from us, we may use your personal information to contact you by email and/or post with the information you have opted–in to receive;

• customer support – to support your use of our goods and/or services, this may include assisting with the resolution of product issues or other issues relating to the website, whether by email or otherwise;

• record keeping and reporting – to create and maintain our databases, back–up copies of our databases and business records generally. We may also use your personal information to produce aggregated and anonymised analytics and reports, which we may share publicly or with third parties;

• security – in order to detect and/or prevent any illegal activity that may threaten us, or any of our services;

• risk management – where necessary for the establishment, exercise, or defence of legal claims. We may also use your personal information where necessary for the purposes of obtaining or maintaining insurance, managing risks and/or obtaining professional advice; and

• compliance – in order to comply with any applicable laws and/or regulations or in order to protect your vital interests or the vital interests of another natural person.

2.7 How we may share your personal information

We may disclose your personal information:

• to our related companies to the extent required to support the provision of goods and/or services to you or to otherwise create and maintain our databases and business records generally;

• to third parties who assist and enable us to use your personal information to support delivery of our services to you, these third party service providers include:

(i) Companies we engage where reasonably necessary for website management, marketing and completion of purchase orders.

• an actual or potential buyer (and its agents and advisers) in connection with an actual or proposed purchase, merger, or acquisition of any part of our business;

• to regulators, law enforcement bodies, government agencies, courts or other third parties where it is necessary to comply with any applicable law or regulation, or to exercise, establish or defend our legal rights;

• where the disclosure is otherwise required by law or in order to protect your vital interests or the vital interests of another natural person;

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The third parties to whom we disclose your personal information may be located within or outside New Zealand. Where any disclosure is to an overseas third party we will only make that disclosure in accordance with the requirements for overseas transfers of personal information as set out in the applicable privacy law.

You may request more information about the safeguards that we have put in place in respect of overseas transfers of your personal information by contacting our privacy officer using the details below.

2.8 How do we hold and protect your information?

We will not keep your personal information for longer than is reasonably necessary to fulfil the purposes outlined in this policy. We are committed to keeping your personal information as safe and secure as possible and we follow generally accepted industry standards to protect the personal information submitted to us.

While we continuously implement and update our administrative, technical, and physical security measures to help protect your personal information against unauthorised access, loss, destruction, or alteration, we cannot guarantee the security of the transmission or storage of your personal information.

2.9 Your rights

Under the Privacy Act, you have certain rights in connection with your personal information, including rights to request access to, and correction of, your personal information.

These rights are subject to certain limitations and exceptions as set out in the Privacy Act.

If you wish to exercise any of the rights described above, please contact our privacy officer using the details below.

If you are unsatisfied with the handling of your request, you may contact the Office of the Privacy Commissioner in New Zealand for review of our handling of your request.

2.10 Changes to this policy

We may need to update this policy from time to time, including when necessary to reflect changes to this website, updates to our services or to reflect any change in law.

When we update this policy, we will revise the “Last updated” at the top of this policy. Where the changes are material, we will use reasonable endeavours notify you – usually by prominently posting a notice of those changes on our website or by sending you an email.

3. TERMS OF TRADE

In these Terms of Trade we have used we, us and our to refer to Cheeki Cherries Ltd and you to refer to our customer. By ordering goods from us you agree to these Terms.

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3.1 Delivery

Unless we agree otherwise, Goods are couriered to the purchaser at the address provided by the purchaser.

3.2 Price

All prices are plus GST and other taxes and duties, which will be paid by you.

Our prices are subject to change without notice.

Unless we agree otherwise in writing, the amount you will be charged will be the price as at the date of purchase.

3.3 Payment

You must pay for Goods at purchase.

3.4 Warranties

The Consumer Guarantees Act 1993, the Fair Trading Act 1986, and other statutes may impose warranties, conditions or obligations on us which cannot by law (or which can only to a limited extent by law) be excluded. Other than as expressly provided for in these Terms, we exclude all such imposed warranties, conditions or obligations to the extent permitted by law and exclude any warranty, condition or obligation imposed or implied under common law, equity or otherwise.

Where you acquire goods from us for the purposes of a business:

(a) the parties acknowledge and agree that:

(i) you are acquiring the goods and/or services covered by these Terms for the purposes of a business in terms of sections 2 and 43(2) of the Consumer Guarantees Act 1993;

(ii) the goods and/or services are both supplied and acquired in trade for the purposes of the Fair Trading Act 1986 and the parties agree to contract out of sections 9 (Misleading and deceptive conduct generally), 12A (Unsubstantiated representations), and 13 (False or misleading representations); and

(b) you agree that all warranties, conditions, and other terms implied by the Consumer Guarantees Act 1993 or sections 9, 12A, and 13 of the Fair Trading Act 1986 are excluded from these Terms to the fullest extent permitted by law and the parties further acknowledge and agree that it is fair and reasonable that the parties are bound by this clause.

3.5 Limitation of Liability

Except as expressly otherwise provided by clauses 19.1 or 19.2, we will not be liable for any loss or damage or liability of any kind whatsoever (including consequential loss or lost profit or business) whether suffered or incurred by you or another person and whether in contract, or tort, or otherwise and whether such loss or damage arises directly or indirectly from Goods provided by us to you.

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To the extent that we are liable for any reason for any loss suffered or liability incurred by you arising from any breach of these Terms or for any other reason, such liability is limited to the amount of the price of the Goods concerned. If Goods are returned by you, or if you make a claim in writing to us in relation to Goods provided, we may, in our discretion, repair or replace the Goods, or refund the price of those Goods to you, provided that:

(a) the claim must be made in writing to us within seven working days of receipt of the goods; and

(b) you must supply the date and number of any invoice relating to the Goods; and

(c) we must be given a reasonable opportunity to inspect the Goods.

3.6 Notices

Any notice may be given by phone, in person, posted, or sent by fax or email to you or where you are a company, to any of your directors.

3.7 Confidentiality

You will at all times treat as confidential all non-public information and material received from us and will not publish, release, or disclose the same without our prior written consent. For clarity, confidential information includes any new Intellectual Property and prices.

3.8 Costs

You must pay our costs (including legal costs, as between solicitor and client) of and incidental to the enforcement or attempted enforcement of our rights, remedies, and powers under these Terms.

3.9 Jurisdiction

These Terms are governed by and construed according to the laws of New Zealand and, subject to clause 10, the parties submit to the exclusive jurisdiction of the courts of New Zealand in respect of any dispute or proceeding arising out of these Terms.

3.10 Disputes

Any claim or dispute arising under these Terms will be determined by arbitration under the Arbitration Act 1996 if the parties are unable to resolve such dispute themselves within one (1) month of the dispute arising. However, nothing in this clause prevents either party from taking immediate steps to seek any equitable relief before the New Zealand courts.

3.11 Force Majeure

We will not be liable for any failure or delay in complying with any obligation imposed on us under these Terms if the failure or delay arises directly or indirectly from a cause reasonably beyond our control.

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3.12 Survival

This clause 3.12 and clauses 3.3, 3.4, 3.5, 3.6, 3.7, 3.8, 3.9, 3.10 and 3.14 and any other provision which by its nature is intended to survive the termination or expiration of these Terms will survive the termination or expiration of these Terms or completion of the Work.

3.13 General

You may only assign, sell, or otherwise dispose of any right or obligation under these Terms if we consent in writing first.

If you have entered into these Terms as the trustee of a trust and you have no right to or interest in any of the assets of the trust except in your capacity as trustee of the trust, your liability will be limited to the value of the assets of the trust which now or in the future are (or, but for your wilful neglect or default, would be) in the hands of the trustees for the time being of the trust. This clause does not limit any liability you have to us as a personal guarantor.

No failure or delay by us to exercise (in whole or in part) any right, power or remedy under these Terms will operate as a waiver of that right, power or remedy.

We may change these Terms at any time. Any change applies from when it is published on our website.

3.14 Definitions

In these Terms unless the context otherwise requires:

Goods includes any associated services that we supply.

Intellectual Property means all intellectual property rights including, without limitation, copyright, patent and design rights, drawings, documents, data, ideas, procedures, calculations and all other statutory and common law rights and interests.

Security means all existing and future security held by us that secures your obligations under these Terms.

The rule of construction known as the contra proferentem rule does not apply to these Terms.

Words referring to the singular include the plural and vice versa.

Any reference to a party includes:

(a) that party's executors, administrators, or permitted assigns; or

(b) if a company, limited partnership, or any other body corporate, its successors or permitted assigns or both.

Clause headings are for reference only.

References to clauses are references to clauses of this agreement.

References to money will be New Zealand currency, unless specified otherwise.

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Expressions referring to writing will be construed as including references to words printed, typewritten, or otherwise visibly represented, copied, or reproduced (including by fax or email).

References to statutory provisions will be construed as references to those provisions as amended or re-enacted or as their application is modified by other provisions from time to time.

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