Website Terms of Use
Oxbury Agricultural Finance Limited – New Zealand Website
1. Acceptance of these Terms
- This website (the Website) is operated by Oxbury Agricultural Finance Limited (Oxbury, we, us or our).
1.2 By accessing or using this Website, you agree to be bound by these Website Terms of Use (Terms). If you do not agree to these Terms, you must not use the Website.
1.3 We may update these Terms from time to time by posting the updated version on the Website. Your continued use of the Website after any changes takes effect constitutes your acceptance of the updated Terms.
2. General Information Only – No Financial Advice
2.1 The content on this Website is provided for general information only. It is not intended to be, and should not be relied on as, financial advice, legal advice, tax advice or any other form of professional advice.
2.2 The information on this Website is of a general nature and does not take into account your objectives, financial situation or needs. Before making any decision about our products or services, you should consider whether they are appropriate for you and, where appropriate, obtain independent professional advice.
2.3 Nothing on this Website is:
a. an offer or recommendation by us to provide any product or service; or
b. a guarantee that any particular product or service is suitable or available to you.
2.4 Any product or service we offer will be subject to separate, legally binding terms and conditions, eligibility criteria and disclosures provided to you at the relevant time.
3. Use of the Website
3.1 You agree to use the Website only for lawful purposes and in accordance with these Terms.
3.2 You must not (and must not attempt to):
a. use the Website in any way that is unlawful, fraudulent or infringes the rights of any person;
b. interfere with or disrupt the operation or security of the Website, our systems, or any networks connected to the Website;
c. introduce or transmit any malicious code, virus, worm, Trojan horse, spyware, timebomb, keystroke logger or other harmful or disruptive code or material (Harmful Code) to or via the Website;
d. use any manual or automated means (including robots, spiders or scraping tools) to access, monitor, copy or extract any part of the Website, except as expressly permitted by us;
e. attempt to gain unauthorised access to any part of the Website, any user accounts or any computer systems or networks connected to the Website; or
f. use the Website in a way that may damage, disable, overburden or impair the Website or our systems.
3.3 You are responsible for ensuring that your own systems and devices used to access the Website are protected from Harmful Code.
4. Intellectual Property
4.1 Unless otherwise stated, we (or our licensors) own all intellectual property rights in the Website and in all content, materials, data, text, graphics, logos, icons, trade marks, video and audio on the Website (Content).
4.2 You may access and view the Website and Content for your own personal or internal business use only.
4.3 You must not, without our prior written consent (and, where applicable, the consent of our licensors):
a. copy, reproduce, adapt, modify, translate, publish, distribute, transmit, display, perform or create derivative works from any part of the Website or Content;
b. use any trade mark, logo or other brand feature appearing on the Website; or
c. remove, obscure or alter any proprietary notices on the Website or Content.
4.4 Nothing on the Website grants you any licence or right in or to the Website or Content, except as expressly set out in these Terms.
5. Privacy
5.1 We may collect, use and disclose personal information about you when you use the Website.
5.2 Our handling of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
5.3 By using the Website, you acknowledge that you have read and understood our Privacy Policy and consent to us handling your personal information in accordance with it.
5.4 Our current Privacy Policy is available at: https://oxbury.co.nz/privacy-policy/
6. Third-Party Websites and Content
6.1 The Website may contain links to third-party Websites or resources that are not under our control. These links are provided for convenience only.
6.2 We are not responsible for, and do not endorse, any third-party Websites, their content, products, services, accuracy or availability.
6.3 If you access any third-party Websites, you do so at your own risk and subject to the terms and conditions and privacy policies of those Websites.
7. Accuracy and Availability of the Website
7.1 While we aim to ensure that the information on the Website is accurate and up to date, we do not warrant or represent that:
a. the Website or Content is complete, accurate, reliable, up to date or suitable for your purposes; or
b. the Website will be available at all times or will be free from errors, interruptions or Harmful Code.
7.2 We may suspend, restrict, modify or discontinue all or any part of the Website at any time without notice, including for maintenance, security, operational or business reasons.
8. Disclaimers
8.1 To the maximum extent permitted by law, we exclude all warranties, representations and guarantees (whether express, implied or statutory) relating to the Website or Content, including any implied warranties of merchantability, fitness for purpose, non-infringement, or that the Website will be secure, timely, uninterrupted or error-free.
8.2 Nothing in these Terms is intended to limit or exclude any rights or remedies you may have under New Zealand law that cannot lawfully be excluded, including under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986, to the extent those Acts apply.
9. Limitation of Liability
9.1 To the maximum extent permitted by law, we are not liable to you or to any other person for any loss, damage, cost or expense of any kind arising directly or indirectly out of or in connection with:
a. your access to or use of (or inability to access or use) the Website or Content;
b. any reliance you place on the Website or Content;
c. any Harmful Code, system failure, outage or security breach; or
d. any third-party Websites or resources accessed via the Website,
whether arising in contract, tort (including negligence), equity or otherwise.
9.2 To the extent we are liable and that liability cannot be excluded, our maximum aggregate liability to you in connection with your use of the Website is limited, to the fullest extent permitted by law, to $1,000.
9.3 The limitations and exclusions of liability in these Terms apply for our benefit and for the benefit of our directors, officers, employees, contractors and agents.
10. Indemnity
10.1 You agree to indemnify us (and our directors, officers, employees, contractors and agents) from and against any loss, damage, cost or expense (including legal costs on a solicitor-and-own-client basis) arising out of or in connection with:
a. your breach of these Terms;
b. your misuse of the Website; or
c. any Harmful Code, data or other material that you introduce to the Website or our systems.
11. Security
11.1 We will take reasonable steps to maintain the security of the Website. However, we do not guarantee that the Website, or any information provided via the Website, is or will remain secure.
11.2 The transmission of information over the internet is at your own risk. If you become aware of any actual or suspected unauthorised use of the Website or a security breach, please notify us as soon as possible using the contact details below.
12. Suspension and Termination
12.1 We may suspend or terminate your access to all or any part of the Website at any time and for any reason, including if we reasonably believe that you have breached these Terms or used the Website in a manner that is unlawful or improper.
12.2 On suspension or termination, the provisions of these Terms that by their nature are intended to survive (including clauses relating to intellectual property, disclaimers, limitation of liability, indemnity and governing law) will continue in full force and effect.
13. Governing Law and Jurisdiction
13.1 These Terms, and any dispute arising in connection with them or with the Website, are governed by the laws of New Zealand.
13.2 You submit to the non-exclusive jurisdiction of the New Zealand courts in respect of all matters relating to these Terms and your use of the Website.
14. Severability
14.1 If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision will be deemed modified to the minimum extent necessary to make it lawful, valid and enforceable, and the remaining provisions will remain in full force and effect.