Acceptable Use Policy
This Agreement was last modified July 1st 2014
This acceptable use policy sets out the terms between you and us under which you may access our website www.acto.co.nz. This acceptable use policy applies to all users of, and visitors to, our website.
Your use of our website means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our Terms & Conditions document governing the use of Acto Agriculture NZ Ltd’s Online Service.
You may use our website only for lawful purposes. You may not use our website:
• to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam)
• to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware
• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
You also agree:
• not to reproduce, duplicate, copy or re-sell any part of our website in contravention of the provisions of our Terms & Conditions
• not to access without authority, interfere with, damage or disrupt:
• any part of our website;
• any equipment or network on which our website is stored;
• any software used in the provision of our website; or
• any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our website, including without limitation:
• product reviews
• online competitions and promotions
• bulletin boards
• other interactive features, including without limitation for you to upload photos, videos and other content to our website
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our website (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
By submitting each contribution to our website, you confirm that:
• you are the sole author and owner of the intellectual property rights thereto
• all “moral rights” that you may have in such contribution have been voluntarily waived by you
• you are at least 18 years old
• your contribution is accurate (where it states facts)
• your contribution is genuinely held (where it states opinions)
• your contribution complies with applicable law in New Zealand and in any country from which it is posted
• use of your contribution does not violate this policy and will not cause injury to any person or entity.
Your contributions must not:
• contain any material which is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any person
• promote violence or discrimination or any illegal activity
• infringe any copyright, database right or trade mark of any other person
• be likely to deceive any person
• be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence
• be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety
• be likely to harass, upset, embarrass, alarm or annoy any other person
• be used to impersonate any person, or to misrepresent your identity or affiliation with any person
• give the impression that they emanate from us, if this is not the case
• advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Use of contributions
All contributions that you submit may be used at our sole discretion. We reserve the right to change, condense or delete any content on our website that we deem, in our sole discretion, to violate the content guidelines or any other provision of this policy. We do not guarantee to you that you will have any recourse through us to edit or delete any content you have submitted. We reserve the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not us, will be responsible for the contents of your contribution. None of the contributions that you submit will be subject to any obligation of confidence on the part of us, our agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
You grant us a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such contributions and/or incorporate such contributions into any form, medium or technology throughout the world without compensation to you.
Suspension and termination
Acto Agriculture NZ Ltd will determine, at our discretion, whether there has been a breach of this acceptable use policy through your use of our website. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the Terms & Conditions upon which you are permitted to use our website, and may result in our taking all or any of the following actions:
• immediate, temporary or permanent withdrawal of your right to use our website
• immediate, temporary or permanent removal of any posting or material uploaded by you to our website
• issue of a warning to you
• legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach
• further legal action against you
• disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
Acto Agriculture NZ Ltd may revise this acceptable use policy at any time by amending this page. We will notify you of any changes by posting an updated version on our website. Your use of our website following any updates constitutes acceptance of this policy as amended. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our website.