Big Jims - Terms & Content Policy
Terms and Conditions of Use/Content Agreement
Welcome to Naus & Walker Ltd T/A Big Jims Garden Centre (hereinafter referred to as Big Jims). You should read the following terms and conditions before using Big Jims. Please read carefully. By accessing or using any part of Big Jims or any of the products or services offered by or through Big Jims, you agree to be bound by the following terms and conditions of use. If you do not wish to be bound by these terms and conditions, you may not access or use Big Jims.
Big Jims and its providers respect the privacy of its customers and visitors. Big Jims does not collect any personal information through the web site without the knowledge of the visitor. As a customer, provider or author listed on Big Jims, you will receive from time to time emails which may include direct advertising mailers and newsletters from partners, providers and or advertisers. You will have the option to remove yourself from these mailers whenever you wish.
There are products and services on Big Jims, including providers and partner offerings that could have fees or charges associated with them. It is assumed that existing Big Jims customers or visitors, who buy or pay for these services, are fully aware of what they are buying/purchasing and that they have read all documentation regarding the product, and or service, and have made that choice. Products, that have been determined to be defective or damaged, can be returned to the vendor.
|Copyright and Permitted Use of Big Jims Materials/Content
Big Jims is a New Zealand business except where otherwise noted, the content of Big Jims web pages that have been created, provided, written and published by Big Jims, is the property of and is owned and controlled by Big Jims and is the copyrighted material of Big Jims or its content providers. ALL RIGHTS ARE RESERVED. No materials from Big Jims that have been created, written and published by Big Jims staff, may be copied, duplicated, downloaded, reproduced, sold, resold, shown or played in public, republished, uploaded, posted, stored, transmitted or distributed, adapted or changed in any way or otherwise exploited for any commercial purpose that is not expressly permitted by Big Jims, except that you may electronically copy and print in hard copy, portions of Big Jims for your personal, non-commercial use only. Any other use, reproduction, modification, distribution, transmission, republication, display or performance without the prior written consent of Big Jims is strictly prohibited. Unauthorized attempts to upload information or change information are strictly prohibited.
"Big Jims"; all of our own custom page headers, logos, graphics and button icons are service marks, trademarks and/or trade dress of Big Jims. All other trademarks, product names and company names or logos cited anywhere on Big Jims are the property of their respective owners.
Except as expressly provided, nothing contained in these terms and conditions or anywhere on Big Jims shall be construed as conferring any license under any intellectual property rights of Big Jims or any third party.
|Rules at Big Jims
To guide you in using Big Jims responsibly we have established the following:
While using Big Jims, you may not:
- Upload, post, email, transmit or otherwise distribute any data, text, information, messages, software, music, sound, photographs, graphics, video messages or other material:
(a) Constituting or encouraging conduct that would intentionally or unintentionally violate any applicable local, state, provincial, national or international law or give rise to civil liability, or otherwise use Big Jims in a manner which is contrary to law;
(b) That is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful or racially, ethically or otherwise objectionable;
(c) That you do not have a right to transmit under any law or under any other arrangement, contractual or otherwise;
(d) That is protected by patent, trademark, trade secret, copyright or other similar intellectual property right of any person without obtaining the permission of the holder of such intellectual property right; or
(e) That contains any virus, Trojan-horse, worm or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Upload, post, email, transmit or otherwise distribute any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation except where specifically permitted on Big Jims;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity; or
- Collect or store personal data about other users of Big Jims.
If you do not agree to abide by these rules, you may not use the Big Jims site.
Links to Big Jims
While using Big Jims you will access third party web sites through search results displayed on Big Jims and links contained on Big Jims. Such third-party web sites are not under the control of Big Jims and Big Jims is not responsible for the availability of such sites or their contents. Any link provided on Big Jims is provided for your interest or convenience only and do not represent or imply any endorsement by Big Jims of any such linked site. You acknowledge that the use of such third party web sites is governed by the terms and conditions of use applicable to any such site.
Big Jims SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR THE ACCURACY, CONTENT, TIMELINESS, COMPLETENESS, LEGALITY, RELIABILITY, QUALITY, SUITABILITY OR DECENCY OF ANY INFORMATION, ADVICE, CONTENT, SERVICE, PRODUCT OR MERCHANDISE CONTAINED IN SITES LISTED IN SEARCH RESULTS ON Big Jims OR OTHERWISE LINKED TO Big Jims.
Third Party Services
Services with third party such as: purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. You will not consider Big Jims as a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
General Disclaimer of Representations and Warranties
Big Jims is providing the Big Jims site on an "AS IS, AS AVAILABLE" basis to customers. Big Jims is a service to customers seeking personal publishing services. Use of Big Jims at customer’s own risk. Neither Big Jims nor any of its officers, directors, shareholders, employees, affiliates, agents, third-party content providers, sponsors, licensors, or the like, makes any representation or warranty or condition, either express or implied, to you (a) that Big Jims will be uninterrupted or error-free, (b) that Big Jims or the server that makes Big Jims available are free of viruses or other harmful components, (c) as to the accuracy, reliability or completeness of results that may be obtained from the use of Big Jims or (d) as to the accuracy, content, timeliness, completeness, legality, reliability, quality or suitability of any information, advice, content, service, product or merchandise provided through Big Jims.
Big Jims MAKES AND YOU RECEIVE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITH RESPECT TO Big Jims, ITS CONTENT, ITS MERCHANDISE, ITS SERVICES, ANY DOCUMENTS, INFORMATION, ITEMS OR MATERIALS PROVIDED FOR THE USE OF Big Jims, ANY GOODS OR SERVICES RECEIVED THROUGH OR ADVERTISED ON Big Jims OR RECEIVED THROUGH ANY LINKS PROVIDED ON Big Jims, ANY INFORMATION OR ADVICE RECEIVED THROUGH Big Jims OR ANY LINKS PROVIDED ON Big Jims, INCLUDING WITHOUT LIMITATION NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, YEAR 2000 COMPLIANCE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS OR OTHERWISE.
No oral advice or written information given by Big Jims or its affiliates, or any of its officers, directors, employees, agents, providers, merchants, sponsors, licensers, or the like, will create a representation, a warranty or condition nor should you rely on any such information or advice.
Some jurisdictions do not allow the exclusion or disclaimer of certain warranties. In such jurisdictions, any or all of the above exclusion may not apply to you.
Disclaimer Regarding Professional Information
Big Jims may make available certain professional information provided by third parties including information relating to law and accounting. Before you use any such professional information made available through Big Jims or through any link on Big Jims, please re-read the above section entitled "General Disclaimer of Representations and Warranties" and the section below entitled "Limitation of Liability" as those provisions apply to any professional information made available to you. Neither Big Jims nor any of its officers, directors, employees, agents, sponsors, licensors, or the like is qualified to provide information or advice in any of these or similar professional fields and does not make any representation or warranty or condition, either express or implied, to you regarding the content, accuracy, completeness, legality, reliability, quality or suitability of any such professional information. Big Jims recommends that you seek advice from a qualified professional with respect to any issues or questions that you may have relating to medicine, law, accounting or any other profession.
Disclaimer Regarding Downloading
Big Jims may make available for downloading certain software, PDFs, PowerPoints, videos, files, and computer programs provided by third parties. Neither Big Jims nor any of its officers, directors, shareholders, employees, affiliates, agents, sponsors, licensors, or the like makes any representation or warranty or condition, either express or implied, to you regarding such software. Big Jims cannot guarantee that any such software will meet your needs, standards or desired specifications or that such software will be free from viruses or errors. Before downloading any such software or computer programs, please re-read the above section entitled "General Disclaimer of Representations and Warranties" and the section below entitled "Limitation of Liability". Use of such software is subject to the terms and conditions of any end user license agreement that accompanies such software and by using such software you agree to be bound by the terms and conditions of such license.
YOU AGREE THAT ANY SOFTWARE, COMPUTER PROGRAMS, INFORMATION, PHOTOGRAPHS, MUSIC, VIDEO, AUDIO, POWEPOINTS, CHARTS, GRAPHS, DATA, OR OTHER MATERIALS OBTAINED ON OR THROUGH Big Jims IS DONE AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR OTHER DAMAGES THAT MAY RESULT FROM THE DOWNLOAD OF SUCH MATERIALS.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL Big Jims OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS, SPONSORS, LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING Big Jims BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, USE DATA OR OTHER INTANGIBLE LOSSES) THAT RESULT OR ARISE FROM (A) THE USE OF AND RELIANCE ON Big Jims, (B) THE INABILITY TO USE Big Jims, (C) MISTAKES, OMISSIONS, INTERRUPTIONS, SUSPENSION, TERMINATION, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WITH RESPECT TO Big Jims, INCLUDING WITHOUT LIMITATION THOSE THAT RESULT FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO Big Jims' RECORDS, PROGRAMS, OR SERVICES, (D) MERCHANDISE, PRODUCTS, OR SERVICES RECEIVED THROUGH OR ADVERTISED ON Big Jims AND MERCHANDISE, PRODUCTS, OR SERVICES RECEIVED THROUGH OR ADVERTISED ON ANY LINKS PROVIDED ON Big Jims, (E) INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON Big Jims AND INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON ANY LINKS PROVIDED ON Big Jims AND (F) ANY INFORMATION, DATA, TEXT, MESSAGES AND OTHER MATERIALS THAT YOU EMAIL, POST, UPLOAD, REPRODUCE, TRANSMIT OR OTHERWISE DISTRIBUTE USING Big Jims.
Because some jurisdictions do not allow the restriction, exclusion or limitation of liability for, in such jurisdictions liability is limited to the fullest extent permitted by law.
Indemnification and Release
You agree defend, indemnify and hold harmless Big Jims and its affiliate and related companies, officers, directors, shareholders and employees from any and all claims, liabilities, damages, costs and expenses, including reasonable legal fees, arising from (a) your use of Big Jims or the internet, (b) the uploading, posting, emailing, reproducing, transmitting or otherwise distributing of any information, data, text, software, music, sound, photographs, graphics, video messages or other materials by you or any users of any account that you may have with Big Jims, or (c) the breach of any of these terms and conditions by you or any users of any account that you may have with Big Jims.
|Jurisdiction and Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws of the New Zealand. It can however be accessed from other places around the world. Although these places may have different laws from those of New Zealand, by accessing Big Jims you agree that the laws of New Zealand without regard to rules relating to conflict of laws, will apply to all matters relating to your use of Big Jims. You and Big Jims also agree to submit to the non-exclusive jurisdiction of the courts of New Zealand, with respect to such matters. Users of Big Jims accessing it from places outside of New Zealand acknowledge that they do so voluntarily and are responsible for complying with local laws.
These terms and conditions and any and all documents specifically referenced herein, including our content agreement, constitute the entire agreement between you and Big Jims with respect to the subject matter hereof. No failure on the part of Big Jims to exercise and no delay in exercising any right under these terms and conditions shall operate as a waiver of such right. If any provision contained in these terms and conditions is determined by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, that provision shall be severed from these terms and conditions and the remaining provisions shall continue in full force and effect.