These terms of use ("Terms")apply to your access to the Sites, and are to be read in conjunction with our Privacy Policy.
Please read the Terms carefully. By accessing any of the Sites, you acknowledge that you have read and understood these Terms and agree to be bound by them. If you do not accept these terms, you should immediately discontinue accessing and using the Sites. We may change these Terms from time to time, without notice, so please ensure that you review the Terms regularly.
You may decide to sign up to receive certain products and/or services provided by us or any of our Affiliates from the Sites. These Terms apply and operate in addition to (and not in substitution for) any of the terms, conditions or rules which govern the provision of those products and/or services by us or our Affiliates to you. If there is any conflict or inconsistency between these Terms and those other product or service-specific terms, conditions or rules, the product or service-specific terms, conditions or rules will prevail.
Ownership
We own or have the rights to use all copyright, trade marks and other intellectual property rights in the Sites and all content on the Sites, unless otherwise expressly stated. Third party content may also be provided on the Sites and this will be clearly identified. Use of the Sites does not confer on you any ownership rights in or to any of the Sites or any of the content on the Sites (or any portion of it, including any of the software code underlying or forming part of the Sites).
We may make available information on our public Site in relation to the "GDT Events" trading platform without charge. You are entitled to reproduce any such information for your own purposes, provided always that you prominently acknowledge us as the source of that information. To avoid doubt, any information and/or data that we elect to make available via a subscription service only (including via "GDT Insight") may only be accessed, used or reproduced by a registered subscriber in accordance with the terms and conditions applicable to that subscription service.
Except to the extent expressly permitted by these Terms or by us in writing, you may not modify, copy, distribute, reproduce, download, scrape, adapt, create derivative works from or commercialise in any manner or in any form whatsoever, or store in a database or retrieval system, in whole or in part, any of the content on, accessible from, or referred to by, the Sites.
Disclaimer
Each Site (and its content) is provided on an "as is" and "as available" basis. We reserve the right to withdraw, block or change a Site (or its contents) at any time and do not guarantee that the Sites will be available to you without interruption. Neither us nor our Affiliates make any representation or warranty (whether express or implied) in relation to the availability, reliability, accuracy, completeness or fitness for any particular use or purpose of any Site (or any content on the Sites). Without limiting the foregoing, you acknowledge that all or a portion of the Sites may be unavailable from time to time for maintenance (whether scheduled or unscheduled) or for other reasons.
Your access to and use of any of the Sites (or any of the content on the Sites) is undertaken entirely at your own risk. Before relying or acting on any information on the Sites, you may need to obtain independent professional advice. No part of any Site (or its contents) is intended as financial or legal advice and in no circumstances may it be relied upon as such by you or any other person.
Information transmitted over the Internet is inherently insecure and there are risks in transmitting and storing data online, which prevent us from guaranteeing the security of your data transmitted to or from any of the Sites.
Your use of the Sites
You may only access and use the Sites if you have a legitimate reason for doing so. You must ensure that your use of the Sites complies with all applicable laws and regulations, and that it does not infringe on our rights or the rights of any other person, nor restrict or inhibit any other person's enjoyment of the Sites. In particular, you must not:
We do not monitor comments made on, or content posted or uploaded to, the Sites. However, if we become aware of any misuse of the Sites or any breach of the Terms, we reserve the right to suspend or cancel your access to any or all of the Sites.
Hyperlinks
The Sites may contain hypertext links to other websites that are not operated by us. These websites will be subject to different terms of use and you may be bound by those terms when accessing those sites. We do not investigate or monitor links to other websites, and the inclusion of a link to those third party websites on the Sites should not be taken as an endorsement of any other products or services offered from those websites, or the suitability of such websites. You link to and use those websites entirely at your own risk.
Liability
Neither us nor our Affiliates will be liable for any loss or damage (direct or otherwise) you suffer in connection with your access to, use of or reliance on, the Sites, or any content on the Sites (including any linked websites), whether arising in contract, tort (including negligence), equity or otherwise. To the maximum extent permitted by law, we also exclude any condition or warranty that could be implied into these Terms.
You indemnify us and our Affiliates, and will keep us and our Affiliates indemnified and held harmless, from and against any and all losses, costs (including legal expenses), damages, claims, demands, liabilities, investigations or causes of action arising directly or indirectly from your access to, use of, or reliance on, the Sites, or any content on the Sites, including, but not limited to, any breach of these Terms by you.
Our rights
Without limiting any other rights or remedies available to us under these Terms or otherwise at law, if we believe, in our sole opinion, that you have breached these Terms, we may, at any time:
Emails and Newsletters
If you register on any of our Sites, we or our Affiliates may send you emails and newsletters relating to those Sites, and to promote and market our products and/or services or those of our Affiliates to you. These communications will contain clear and obvious instructions for how you can unsubscribe from the mailing list, insofar as it relates to non-service related communications.
General
If any provision of these Terms is or becomes held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
No provision of these Terms will be deemed to have been waived in part or in full by us, and no delay, breach or default will be deemed to have been excused in part or in full by us, unless the waiver is in writing and signed by one of our authorised representatives. A waiver of any breach will not be, or be deemed to be, a waiver of any other or subsequent breach.
The Sites may be accessed from countries outside of New Zealand and may contain references to products and/or services that are not promoted or available in those countries. If you access any of the Sites from locations outside New Zealand you do so at your own risk and are responsible for compliance with local laws.
These Terms are governed by the laws of New Zealand.
Glossary
"Affiliate"means any person directly or indirectly controlling or controlled by, or under direct or indirect common control with, us, and any trading manager or third party service provider engaged by us to operate or manage any of the operations from the Sites or to provide any of the Services (including, in respect of "GDT Events", CRA International, Inc.).
"Sites"means the websites (including all sub-domains) through which we and/or our Affiliates provide products, services and/or access to and use of online markets and trading platforms (including the "GDT Events" trading platform), and at which a copy of these Terms are available.
"we", "us" or "our" means GlobalDairyTrade Holdings Limited.
"you" means you, the person visiting any of our Sites.
