The Good Food Collective Limited

Producer Terms and Conditions

 

  1. Information about us

    1. The website http://www.thegoodfoodcollective.co.nz (Our Website) is a site operated by The Good Food Collective Limited (“We”, Our or “Us”). We are a limited liability company registered in New Zealand (business number 9429048533119).
    2. The Good Food Collective is the trading name of The Good Food Collective Limited.

  2. Parties

    1. The Good Food Collective Limited is an arms-length service provider which includes all references to “We, Our or Us”
    2. Producer is a business, partnership, company (whether registered or not), supplier, manufacturer, person or individual shop that uses the services offered by The Good Food Collective Limited which includes all references to “You, and Your”

  3. Interpretation

    1. Clause and other headings are for ease of reference only and do not affect the interpretation of the terms and conditions;
    2. Words in the singular include the plural and vice versa; and
    3. A reference to:
      1. A party in these terms and conditions includes that party’s permitted assigns; and
      2. Including and similar words do not imply any limit.

  4. Definitions

    1. “Commission” means the commission payable by you to us on products
      and/or services sold through The Good Food Collectives website, as may
      be updated from time to time.
    2. “Content” Means the textual, visual and/or audio content that is
      encountered as part of your experience on the Good Food Collective’s
      on-line store/s, website or other digital platforms which may include
      but is not limited to; text messages, images, sounds, videos, data,
      blog, vlogs and advertising materials published/posted by you the
      Producer.
    3. “Customer” Means a person or company that accepts an offer to purchase a Product from a Producer
    4. “Intellectual Property Rights” includes copyright and all rights anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trade-marks and designs, layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity.  Intellectual Property has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property.
    5. “Loss” Includes loss of profits, savings, revenue, or data, and any other claim, damage, loss liability and cost, including legal costs on a solicitor and own client basis.
    6. “Objectionable” means anything that may be objectionable, defamatory, obscene, harassing, threatening or unlawful, in any way.
    7. “Our Website” Means any website, facebook page or other physical or digital platform created and or administered by The Good Food Collective.
    8. “Producer” Means a person or company that offers a Product for sale to a Customer
    9. “Product” Means any item or items offered for sale by the Producer on Our Website, whether physical goods or services.
    10.   “Service” Means all of the services available from Our Website, whether free or charged for.
    11. “Terms” Means these terms and conditions titled The Good Food Collective Terms and Conditions applicable to a Producer of goods using The Good Food Collective website.
    12. “Underlying Systems” means the IT solutions, systems and networks (including software and hardware) used to provide Our Services, including any third party solutions, systems and networks
    13. “User ID” Means a unique name or password or both allocated to you to allow you to access certain parts of Our Website
    14. “Working Day” means a day, other than a Saturday or Sunday, on which New Zealand registered banks are open for business within the Auckland region.
    15. “We, us, or our” means The Good Food Collective Limited.
    16. “You, and your” means you or if clause 5.d applies, both you and the other person on whose behalf you are acting.   

  5. Application

    1. These terms and conditions apply to Producers using The Good Food
      Collective’s website to sell their products and or services to
      Customers.
    2. These terms and conditions form the contract between you the Producer and us, The Good Food Collective Limited.
    3. By accessing Our Website and any other platforms we operate and any other services we provide you agree to be bound by these terms and conditions.
    4. Where your access and use is on behalf of another person (e.g. a company) you confirm that you are authorised to access and agree to these Terms and Conditions on that persons behalf, and that by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
    5. If you do not agree to these terms and conditions, you are not authorised to access and use Our Website, and you must immediately cease use.

  6. Changes to our Terms

    1. We may revise our Terms and Conditions (or any part of them), or add further Terms and Conditions at our discretion by amending this page at any time.
    2. Unless stated otherwise, any change takes effect immediately.
    3. Please check this page and the pages setting out our other Policies & Terms and Conditions from time to time as they are binding on you.
    4. Where it is reasonably practicable to do so, we will endeavour to give you prior notice of any material changes to any of our Policies and/or Terms and Conditions.
    5. We may at our discretion require you to expressly confirm your acceptance of any revised Terms and Conditions but in any event, you will be deemed to have accepted any revised Terms and Conditions by continuing to access and use The Good Food Collectives website and any related services after such changes have been published on our Website.
    6. These Terms and Conditions were last updated on the 27th of October 2020.

  7. General Terms and Conditions

    1. These Producer Terms set out everything relating to your use of our Website and/or Services and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Producer Terms.  The parties have not relied on any representation, warranty or agreement relating to Our Services that is not expressly set out in the Producer Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Producer Terms.
    2. If you place a Product for sale on Our Website, you do so subject to these terms and conditions.
    3. We act as an intermediary for Customers to transact with You and are not a party to any agreement to buy, sell or provide products or services advertised on The Good Food Collectives website. When a Customer purchases products and/or services using Our services, they are entering into an agreement directly with you, the Producer.
    4. The relationship between us is solely that:
      1. n consideration of a commission charged by us (set out below in section 12), we provide for you, an Internet based sales platform as an arm’s length contractor.
      2. In consideration of any shipping fee’s charged by us (set out below in Section 14), we may from time to time provide postal or courier services through third party providers.

    5. When you place a Product on Our Website, you are obliged to comply with the requirements of, but not limited to, the Contract and Commercial Law Act 2017, the Consumer Guarantees Act 1993, the Fair Trading Act 1986, The Animal Products Act 1999, The Food Act 2014, the Sale and Supply of Alcohol Act 2012, the Wine Act 2003 and any other legal obligations imposed on you in New Zealand.
    6. We are not liable for any breaches You may have committed either contractually or criminally between You and a Customer or You and a regulatory body.
    7. Although we are not a party to your contract with a Customer introduced to you via Our Website, we shall remove your Products from offer if a Customer or site visitor has a valid complaint against you.
    8. We will use reasonable efforts to ensure that our services are available on a 24/7 basis. However, it is possible that on occasion Our Services may be unavailable to allow for maintenance or other development activity to take place, or due to an event that is beyond our reasonable control.
    9. We are not liable to you for any failure to perform our obligations under these Terms to the extent caused by an event that is beyond our reasonable control.
    10. The provision of Our Services to you is non-exclusive.
    11. Nothing in these Terms prevents us from providing Our Services to any other person
    12. Through the use of web services and APIs, Our Services may interoperate with a range of third-party service features. We do not make any warranty or representation on the availability or performance of those features.  Without limiting the previous sentence, if a third-party feature provider ceases to provide that feature or ceases to make that feature available on reasonable terms, we may cease to make available that feature to you.  To avoid doubt, if we exercise our right to cease the availability of a third-party feature, you are not entitled to any refund, discount or other compensation.
    13. You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
    14. You may not assign, novate, subcontract or transfer any right or obligation under these Producer Terms without our prior written consent, that consent not to be unreasonably withheld. You remain liable for your obligations under these Terms despite any approved assignment, subcontracting or transfer.
    15. For us to waive a right under these Producer Terms, that waiver must be in writing and signed by us.
    16. If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms.  The remainder of these Terms will be binding on you.
    17. If we need to contact you, we may do so by email or by messaging you via the contact details you have provided us. You agree that this satisfies all legal requirements in relation to written communications.
    18. These Producer Terms, and any dispute relating to these Producer Terms or the our Services, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or our Services.
    19. No person other than You or Us has any right to benefit under, or to enforce these terms.

  8. Listing Criteria

    1. If you wish to open a store on Our Website you may, but you must comply with these Terms and meet the following criteria:
      1. Your Products are made in New Zealand;
      2. As much as possible, Your Products are made from primarily New Zealand sourced ingredients and or components;
      3. Your Products are not manufactured in large scale factories owned by you or by large scale contract manufacturers (but may be packaged i.e. wrapped, bottled or canned by external companies for Products such as but not limited to wine & beer);
      4. Your products are not listed in major New Zealand supermarkets or similar national distribution outlets with the exception of Your local stores;
      5. Your Products are ethically and fairly sourced and produced;
      6. That if you make claims regards your Products attributes (e.g. Rainforest Alliance, Fairtrade, organic), that you comply fully with the requirements of the organisation that provides that certification and shall upon request, provide us with supporting documents to prove compliance;
      7. That your products are presented in a professional way with appropriate and legal labelling;
      8. That your products are packaged (in general and for shipping) in a way that protects the products integrity and safety whilst minimising the use of excess plastics or other packaging components that can’t be recycled;
      9. That you will continue to explore ways of reducing packaging waste
      10. That You and your Products are aligned with the values of the Good Food Collective.
      11. That You list any additional terms and conditions that apply to Your Products and/or services offered within your listing.
    2. We may decline access to Our Website or suspend a Producer from Our Website at our sole discretion and at any time should you fail to comply with New Zealand law, our Terms and Conditions, or illustrate other Objectionable behaviour.
    3. You must describe your Products accurately and take all steps to ensure that your Products meet the requirements of New Zealand law.
    4. To protect the integrity of our website and to maintain or improve Customer satisfaction, we reserve the right to amend your description of your Products at any time.
    5. You agree that you will comply with all of the following requirements:
      1. Be able to dispatch Products within 3 working days and preferably within 2 of receiving the order
      2. Not place any Product for sale on our website which is not of a sellable standard;
      3. Not place any Product for sale on our Website that is past its Best Before or Expiry date;
      4. Not place any Product for sale that is not able to be legally sold by you;
      5. Ensure that any Products you place for sale meet Your regional and/or national food safety requirements and any other applicable law;
      6. Remove as soon as possible from sale on Our Website any Product which for any reason, you are unable to supply;
      7. Not re-list any Product we remove from Our site without our prior approval;
      8. Correctly categorise products and only list approved Food and Beverage Products for sale.
      9. Not use Our Website to promote Products for sale outside of our platform and sales process;
      10. Not seek to avoid our fees or our processes;
      11. Not seek to direct Customers to purchase direct after the initial transaction commenced on The Good Food Collective site.

  9. Your Product warranties

    1. You warrant that any Product you place on Our Website for sale:
      1. You are legally allowed to sell the Products you list on Our Website and comply with all the relative local and national Government regulations and Acts covering the manufacture and sale of Your Products
      2. Is not: illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to any third party;
      3. Does not contravene the law of any country whose citizens might purchase it; and
      4. Is not intended primarily to advertise any business, except your business.
    2. You warrant that you own the Intellectual Property rights (copyright, trademark and/or patent) relative to any Content or Product you place on Our Website for sale, or that you have the permission of the copyright, trademark and /or patent owner:
      1. to enter or upload that Content; and
      2. to receive the net proceeds of such sales as arise.

  10. Content

    1. We invite you to Post Content to Our Website for marketing your products and services.
    2. We may regulate or moderate your content and or/use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law however, we do not undertake to regulate or moderate or check any item Posted by You.
    3.  Title to, and all Intellectual Property Rights in, Your Content remains Your property.  You grant us a worldwide, non-exclusive, fully paid up, transferable, irrevocable licence to use, store, copy, modify, make available and communicate the Content for any purpose in connection with the exercise of our rights and performance of our obligations in accordance with these Producer Terms.
    4. You irrevocably authorise us to publish feedback, comments and ratings about your Products, services and activity through Our Website, even though it may be defamatory or critical.
    5. You acknowledge that we may use Content for our internal research, analytical and product development purposes, to conduct statistical analysis and identify trends and insights (on an anonymised and aggregated basis) and for our internal reporting requirements (and these rights will survive termination and expiration of these Producer Terms).
    6. You must ensure you have obtained all necessary consents for us to access, collect, hold, process and distribute the Content as described in these Producer Terms.
    7. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
    8. While we will use reasonable endeavours to back up all Producer and Product Listings, you must keep separate and regular back-up copies of all Content uploaded by you for Producer and Product Listings.
    9. You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may be any or all of the following:
      1. Unlawful, or tend to incite another person to commit a crime; or
      2. Obscene, offensive, threatening, violent, malicious or defamatory; or
      3. Sexually explicit or pornographic; or
      4. Likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person; or
      5. Use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement.
    10. It is your responsibility to notify us of any security breach or unauthorised use of your account.

  11. Restricted Content

    1. In connection with the restrictions set out within these terms and Conditions, we may refuse, edit or remove a Posting or Product listing which does not comply with these terms.
    2. In addition to the restrictions set out within these Terms and Conditions, a Posting must not contain any of the following:
      1. hyperlinks, other than those specifically authorised by us;
      2. keywords or words repeated, which are irrelevant to the Content posted;
      3. the name, logo or trademark of any organisation other than yours or those that you are authorised or licensed to use or sell; or
      4. inaccurate, false, or misleading information.

  12. Commission & Goods and Services Tax

    1. You sell your Products on Our Website subject to these Terms and also the requirements we set out on Our Website from time to time.
    2. Our commission and any other applicable fees will be deducted from the remittances we send to you which will be accompanied by a transaction report and invoice detailing sales made within the payment period. You irrevocably authorise Us to deduct these commissions and fees from the amount paid to Us by Your Customer.
    3. We will remit funds to You every 2nd Wednesday in a bundle covering sales transactions within the previous 2-week period running from Monday to Sunday
    4.  If we do or could earn interest on any cash balance in our control for the period between payment by a Customer and our remittance to You, we are free to keep that interest and have no obligation to account for it to you.
    5. We collect payments from Customers using a 3rd party payment provider. These providers charge fee’s which we will deduct from our remittances to you. These transactional fees may change from time to time but generally include;
      1. A transactional fee – NZD0.30 / transaction
      2. A merchant fee – normally between 2.5% and 2.8% of the total transaction value (Product and Shipping).
    6. Our commission for the use of Our Service is 10% of the gross sales value (including any applicable sales tax) of a Product but excluding the value of shipping. This commission applies to every transaction on Our Website between You and a Customer.
    7. If an action by a Customer results in a charge back to our account, you agree that we may deduct the sum charged back together with any fee paid to our payment service provider and/or bank, from any sum due to you, at or after that time.
    8. If you or we accept any sale cancellation and consequently refund money to a Customer, we are not obliged to repay Our commission to you for that cancelled transaction.
    9. If in our discretion we believe that your performance as a Producer results in any of the following instances occurring then we are free to hold back payments to you until we are satisfied that disputes have been settled and / or breach rectified:
      1. There are a significant number of charges back; or
      2. There are a significant number of Customer disputes; or
      3. If we believe you are in breach of this agreement.
    10. No commission will be charged by Us on shipping value unless otherwise agreed.
    11. A one-off joining fee of $90.00 will be charged per Producer to sign up to The Good Food Collective’s web site. The Good Food Collective may waive this fee at its sole discretion from time to time.
    12. A loading fee of $60.00 per Producer may be charged in the event that a Producer requests The Good Food Collective to load Producer information on its behalf.
    13. A loading fee of $45.00 per Product over and above the Producer loading fee may be charged in the event that a Producer requests The Good Food Collective to load Product information on its behalf.
    14. The Good Food Collective may offer Producers, the ability to advertise on its website from time to time for a fee. These advertising fee’s which may change from time to time will be notified to Producers in advance.
    15. The Good Food Collective may offer Producers additional services such as marketing and photography assistance to help Producers enhance their Product or Brand. Fee’s for such services will be provided to Producers who wish to use these services based on their specified needs.
    16. Fees and commissions specified in these Terms or on Our Website are GST inclusive.
    17. You will be required to submit your bank account details to the Good Food Collective during the registration process so that payments can be made to You.
    18. You must have an NZD account with a New Zealand bank into which we can transfer funds.
    19. The Good Food Collective may request additional information about your business so far as it may affect your GST registration, at any time, from you or from a governmental authority.
    20. We may increase our fee’s or Commission by giving at least 30 days’ notice. We will notify You of any increase and the effective date of the increase by posting a notice on our site or by emailing you at the email contact address that you have most recently supplied to us.  If you do not wish to pay the increased Commission, you may remove your Products and/or your account.  If you do not remove your listings before the effective date of the increase, you are deemed to have accepted the increased Commission. 

  13. Damaged, Faulty or incorrect products

    1. You agree that the transaction between You and the Customer are governed by but not limited to the Consumer Guarantee’s Act.
    2. You agree that you will at all times:
      1. Reply promptly via our platform and in any event within 2 Working Days, to any customer message or other correspondence;
      2. Comply with the law relating to all aspects of the contract between You and your Customer, relating in particular to your obligations to provide full information and accept cancellation, returns and or process refunds should
        1. An incorrect Product be delivered
        2. A Product is received that is faulty
        3. A Product is damaged.
      3. You may at Your discretion offer more favourable terms to your Customers as per your own returns and refunds policy set out on your Producer page.
      4. When you have an obligation to return money to a Customer for any reason, you will do so promptly and in any event within 5 Working Days of acceptance of the claim.
    3. In the event that a Product ordered is not available, you will immediately tell your Customer and refund any money paid;
      1. Comply with the terms relating to:
        1. The satisfaction of an order; and
        2. The return of Products and any payments and
        3. Provide information to us in respect of any claim for non-delivery and any dispute as to payment, so as to enable us to identify the possibility of fraud.
      2. If You agree with a buyer that a Product is faulty, deficient or incorrect in any way, You will:
        1. Refund the cost of return shipping should you wish to receive the product back; and
        2. Replace the item; or
        3. Refund the Customer in full.

  14. Shipping

    1. You are responsible for entering the shipping costs for Your Product into Our site when you load a Product.
    2. You are responsible for the accuracy of those shipping costs.
    3. Once a Customer has purchased a Product, the shipping charge may not be altered.
    4. You are responsible for labelling the Product for dispatch in accordance with the order including any additional instructions provided by the Customer in the special delivery instruction box.
    5. You will ensure that Your Products are packed appropriately to ensure that Your Product arrives with the Customer in good condition.
    6. You are responsible for ensuring that you package Your Products in-line with any standards or requirements that the shipping service provider that you use has.
    7. You will notify The Good Food Collective of Product dispatch by entering your shipping tracking details using the link that is provided to you via the order confirmation. The Good Food Collective will in turn send this tracking information to the Customer.
    8. If at any time, any Customer notifies you of non-delivery within the time scale offered by you on Our Website, you will investigate immediately and tell the customer that you are doing so, what you are doing, and when you expect to be able to deliver the Product.
    9. In the absence of information to the contrary published by You on Our Website, you agree to dispatch a Product within 3 but preferably within 2 Working Days of notification of a Customer order by us, by a method likely to reach the Buyer within a further 5 Working Days.
    10. If it is apparent that a customer has not received a Product within 7 Working Days of the expected delivery date, you will refund the money paid, including any delivery charge. This is a condition of your contract with The Good Food Collective Limited to ensure that your reputation as a Producer and our reputation are maintained at all times.

  15. Intellectual property rights & Trademarks

    1. Other than your Content, we (and our licensors) own all proprietary and intellectual property rights in The Good Food Collective, our services and the Underlying Systems, including all information, data, text, graphics, artwork, photographs, trademarks, logos, icons, sound recordings, videos and the look and feel, including any modification, enhancement or derivative work of any of the foregoing.
    2. If you provide us with ideas, comments or suggestions relating to The Good Food Collective or our Underlying Systems (together feedback):
      1. all Intellectual Property Rights in that feedback, and anything created as a result of that feedback (including new material, enhancements, modifications or derivative works), are owned solely by Us; and
      2. we may use or disclose the feedback for any purpose whatsoever.
    3. You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use. All other copying or downloading is prohibited without our prior written consent. If you print off, copy or download any part of our Website in breach of these our Terms and Conditions, your right to use our Website will cease immediately and you must, at our option, return to us or destroy any copies of the materials you have made.
    4. You must not modify or manipulate the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
    5. The Good Food Collective logo’s, and all other trademarks, service marks, trade names, logos, domain names, URLs and icons appearing on our Website, registered or not, are owned or controlled by TGFC Holdings Limited (or where applicable, other third parties who have licensed use of those Marks to us).

  16. Your obligations

    1. You agree that a contract to sell the Product offered by You is a firm and binding contract as soon as your Customer’s payment has been accepted by our payment service provider.
    2. Subject to discounts and promotions, you may only offer Products for sale at a fixed price inclusive of goods and services tax (“GST”).
    3. All Products sold on Our Website are subject to a delivery / shipping charge. That delivery charge will be entered by You when You upload Product information.
    4. You and your staff and or contractors must:
      1. use Our Services in accordance with these Producer Terms solely for:
        1. your own internal business purposes; and
        2. lawful purposes (including complying with the appropriate laws) and
        3. not resell or make available our Services to any third party, or otherwise commercially exploit The Good Food Collective Services.
    5. You must use Our Website and Services solely in connection with products and services that comply with our listing criteria.
    6. You must ensure that Your Products are listed to the appropriate category/s. You must familiarise yourself with the requirements of each category to ensure appropriate placement of Products.
    7. You must provide true, current and complete information in your dealings with us (including when setting up an account and creating Product Listings), and must promptly update that information as required so that the information remains true, current and complete.
    8. You must keep your User ID secure and:
      1. not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
      2. immediately notify us if you become aware of any unauthorised use or disclosure of your User ID, by sending an email to IT@thegoodfoodcollective.co.nz
    9. When accessing and or using our Website or Services you, your staff or contractors must;
      1. not impersonate another person or misrepresent authorisation to act on behalf of others or us;
      2. not attempt to undermine the security or integrity of the Underlying Systems;
      3. not use, or misuse, Our Website or Services in any way which may impair the functionality of the Underlying Systems or impair the ability of any other user to use Our Website or Services;
      4. not attempt to view, access or copy any material or data other than:
      5. that which you are authorised to access; and
      6. to the extent necessary for you to use the Our Services in accordance with these Producer Terms;
      7. neither use The Good Food Collective or Our Services, nor transmit, input or store any Content, that breaches any third party right (including Intellectual Property Rights and privacy rights) or is Objectionable, incorrect or misleading; and
      8. Unless with our agreement, access Our Website via standard web browsers only and not by any other method. Other methods include scraping, deeplinking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
      9. You are responsible for procuring all licences, authorisations and consents required for you and your staff and/or contractors to use Our Website and/or Services, including to use, store and input Content into, and display Content.
      10. A breach of any of these Producer Terms by your staff and or contractors is deemed to be a breach of these Producer Terms by you.

  17. Indemnity

    1. You indemnify us against all Loss and expense we suffer or incur as a direct or indirect result of:
      1. a claim by any person in respect of any Product; or
      2. protecting the reputation of our business by our making a payment to a customer of Yours in circumstances where you have failed to make that repayment or otherwise comply with your contract with that customer; or
      3. any payment we make on an ex gratia basis, arising from a contract between you and a Customer; or
      4. any actual or alleged claim by a third party that any Content infringes the rights of that third party (including Intellectual Property Rights and privacy rights) or that the Content is Objectionable, incorrect or misleading;
      5. your failure to comply with these Producer Terms, including any failure of a person who accesses and uses Our Website or Services by using your User ID; or
      6. any Loss arising from or in connection with an actual or alleged breach by you of any legal or regulatory requirements which occurs a consequence of your Product Listing or as a result of a relationship established through Our Website or Services.
      7. Legal or other fees we incur in defending a claim or the imposition of a fine or penalty; or
      8. The deletion or amendment of any text or other content you have placed on Our Website.

  18. Interruption to the Service

    1. We give no warranty that the Service will be satisfactory to you.
    2. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our Service for repairs, maintenance or other good reasons. We may do so without telling you first.
    3. You acknowledge that our Service may also be interrupted for reasons beyond our control.
    4. You agree that we are not liable to you for any Loss whether foreseeable or not, arising as a result of interruption to our Service.

  19. Suspension or termination

    1. Unless terminated under this clause, these Producer Terms and your right to access and use our Website or Services continues until a party gives 15 Working days notice that these Producer Terms and your access to and use of Our Website or Services will terminate on the expiry of that notice.
    2. You may cease using Our Website or Services at any time by removing your account from our site. If you do this, these Producer Terms and your right to use Our Website and/or Services will terminate immediately.
    3. Termination of these Producer Terms does not affect either party’s rights and obligations that accrued before that termination.
    4. No compensation is payable by us to you as a result of termination of these Producer Terms for whatever reason, and you will not be entitled to a refund of any Commission that you have already paid.
    5. Without limiting any other right or remedy available to us, we may restrict or suspend your use of Our Services and/or delete, edit or remove your Producer page, products and other content if we consider that you or any of your personnel have:
      1. undermined, or attempted to undermine, the security or integrity of Our Website or Services or any Underlying Systems;
      2. used, or attempted to use, Our Website or Services for improper purposes (including failure to comply with the listing rules or the Unsolicited Electronic Messaging Act 2007);
      3. your Content breaches or may breach these Producer Terms or any third party right (including Intellectual Property Rights and privacy rights), or is or may be Objectionable, incorrect or misleading; or
      4. otherwise materially breached these Producer Terms.
    6. Clauses which, by their nature, are intended to survive termination of your right to access and use Our Services continue in force.

  20. Privacy

    1. When you provide personal information to us, we will comply with the New Zealand Privacy Act 1993 and with our privacy policy as set out within our Privacy Policy.

  21. Liability

    1. To the maximum extent permitted by law:
      1. Your access and use of the Good Food Collective’s services is at your own risk and we are not liable or responsible to you or any other person for any Loss under these Producer Terms or in connection with our Website and/or Services, or your access and use of (or inability to access or use) our Website and/or Services. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
    2. We will not be liable to you under or in connection with these Producer Terms, The Good Food Collective or our Services for any:
      1. loss of profit, revenue, savings, business, use, data (including Content), and/or goodwill; or
      2. consequential, indirect, incidental or special damage or loss of any kind.

  22. Our disclaimer

    1. You access and use Our Website at your own risk.
    2. We are not responsible for any Loss to you or any other person (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss whatever to you or any other person.
    3. We may, from time to time, feature products and/or services on our Website or digital platforms. It is at our sole discretion to determine what products and/or services are featured on those platforms.
    4. To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
      1. any circumstances for damages resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website;
      2. Any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use Our Website. To avoid doubt, you are responsible for ensuring the process by which you access and use Our Website protects you from this;
      3. Any site linked from Our Website. Any link on Our Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operation, products or operators.
    5. Our Website and Services are provided “as is”. As to Our Website and Services, we make no representation or warranty of any kind, express or implied, including, without limitations, any of the following warranties:
      1. as to fitness of Our Website and Service for a particular purpose;
      2. as to availability and accessibility, without interruption, or without error or omission; or
      3. any obligation, liability, or remedy in tort whether or not arising from our negligence.
    6. We make no representation or warranty that Our Website is appropriate or available for use outside of New Zealand or that the content satisfies the laws of any country outside of New Zealand
    7. You are responsible for ensuring that your access to and use of Our Website is not illegal or prohibited, and for your own compliance with applicable laws.
    8. You expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a Buyer.

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