1. Ownership of this website
New Zealand Health Association Limited trading as Sanitarium Health Food Company of 124 Pah Road, Royal Oak, Auckland 1023, New Zealand ("Sanitarium"), owns this website. Sanitarium, in conjunction with Magnet operate this website.
2. Your acceptance of Terms of Use
Use and access of this website is subject to the terms and conditions contained in this document and elsewhere on this website (known collectively as "Terms of Use"). By browsing, accessing or using the services on this website, you agree to the Terms of Use.
3. Modifications
Sanitarium may revise the Terms of Use at any time, without notice, by updating this website. All changes are effective from the date of posting the revised Terms of Use on this website. Any updated version of the Terms of Use will immediately supersede any prior version. We recommend re-visiting this page from time to time to review the latest Terms of Use. Certain provisions of the Terms of Use may be modified by local notices or disclaimers located on particular pages of this website.
Sanitarium may make changes to the material on this website at any time without notice. This website will only be available until 30th November, 2010.
4. Weet-Bix Tryathlon Prize-Giving Terms and Conditions
Entry into the Weet-Bix Tryathlon deems acceptance of these Weet-Bix Tryathlon Prize-Giving Terms and Conditions.
The Weet-Bix Tryathlon event Prize-Giving takes place once all participants have completed the Weet-Bix Tryathlon event course. In order to claim any spot prize a participant is drawn for, they must:
- Have their Weet-Bix Tryathlon race number from that completed event on hand
- Be present at Prize-Giving.
No exceptions will be made. Any unclaimed spot prizes will be redrawn at the Weet-Bix Tryathlon event Prize-Giving. No prizes are able to be claimed at any later stage, and no prizes are able to be claimed by persons other than the Weet-Bix Tryathlon participant named as the spot prize winner.
Weet-Bix Tryathlon takes no responsibility for lost or unclaimed spot prizes.
Weet-Bix Tryathlon will not be liable for participants failing to attend the event prize giving.
Every participant who participates in the Weet-Bix Tryathlon event is eligible for a spot prize.
The Weet-Bix Tryathlon event spot prizes or any part of them are not transferrable or redeemable for cash or any other equivalent.
Weet-Bix Tryathlon reserves the right to terminate or change the Weet-Bix Tryathlon event Prize giving or its terms or any or all of its prizes at any time without notice.
Weet-Bix Tryathlon, its owners, subsidiaries, officers, agents and employees will not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered in connection with the Weet-Bix event prize giving or the prizes in any way except for liability which cannot be excluded by law.
5. Tryathlon Stories
Tryathlon stories submitted to this website are subject to separate terms and conditions (in addition to these Terms of Use). By submitting a tryathlon story onto this website, you agree to be bound by the relevant terms and conditions.
- All tryathlon stories, profile names and display names are subject to Sanitarium's approval, at its absolute discretion and no correspondence will be entered into.
- All tryathlon stories will be uploaded to (tryathlon.weetbix.co.nz) following a 48 hour approval process.
- Offensive stories and comments will not be accepted.
- Sanitarium, its subsidiaries, offices, agents and employees will not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered in connection with submitting a story in any way except for liability which cannot be excluded by law.
- Sanitarium reserves the right to terminate or change this part of the website and/or to discontinue acceptance of a tryathlon story submission without notice.
- All users who wish to submit a tryathlon story to the website mush have the consent of their parent or guardian to upload their tryathlon story.
- All copyrighted material, trade marks or other intellectual property used in conjunction with the website is the property of Sanitarium or its use by Sanitarium authorised by the owner. Any unauthorised use of such intellectual property is prohibited and is a breach of these terms and conditions.
6. Privacy
Sanitarium may collect, hold and retain securely personal information from you (including but not limited to your name, age, address, telephone number and email address.) when you knowingly provide this information to us. For example, this will occur when you submit a tryathlon story onto this website.
If you do not provide the information requested, you may not be able to access the content that you are trying to access or submit a triathlon story to the website.
By providing your personal information to us, you agree that Sanitarium, and/or their related companies and service providers may hold, use and/or disclose the personal information for research, promotional, marketing, publicity and/or statistical purposes without compensation. We may also use and/or disclose the personal information for the purpose for which you provide it (e.g. to upload your tryathlon story onto the website), as clearly explained to you at the time the information is collected (e.g. on the website or in the terms and conditions) or as otherwise permitted or required by law.
We may contact you by electronic means (e.g. by email or SMS), by telephone or by other means.
We will not collect, use or disclose sensitive information (such as information about racial or ethnic origins, political or religious beliefs, or health) except with your specific consent or in circumstances permitted by law.
You have the right to access your personal information held by Sanitarium and request correction of any errors in it pursuant to the Privacy Act 1993. Any such requests should be made to:
Sanitarium Health Food Company Private Bag 92127 Victoria Street West? Auckland 1142.
7. Technical information
Each time you visit this website, our server collects some anonymous information, known as click-stream data, including the type of browser and system you are using, the address of the site you have come from and move to after your visit, the date and time of your visit, and your server's IP address. We may collect this information for statistical purposes to find out how the website is used and navigated, including the number of hits, the frequency and duration of visits, most popular session times, etc. We may use this information to evaluate and improve our website performance.
A cookie is a piece of information that our web server may send to your computer when you visit this website. The cookie is stored on your computer, but does not identify you or give us any information about your computer. A cookie helps us to recognise you when you re-visit our website and to co-ordinate your access to different pages on the website. Most Internet browsers allow you to erase cookies from your computer hard drive, to block all cookies, or to receive a warning before a cookie is stored.
8. Your rights and obligations
You agree that you will not use this website for any purpose that is unlawful or prohibited by these Terms of Use. You agree that you will not use this site to transmit or upload any material that contains viruses or any other harmful programs or that breach any laws including intellectual property or privacy rights, interfere with or disrupt this site or attempt to gain unauthorised access to any part of this website.
In order to use this website, it is your responsibility to procure access to the Internet, to pay any costs associated with that access and to acquire any hardware and/or software necessary to utilise the content on the website.
You agree to indemnify and hold Sanitarium and its directors, officers, agents, affiliates and employees harmless from any claim or demand made by any third party due to or arising out of your use of this website.
Unless specific provisions of legislation are quoted, Sanitarium does not make statements of the law in relation to any matter. The comments contained in this website about the law are summaries which may not be comprehensive or complete and should not be relied upon as legal advice. If you wish to know the law, you should either go to the relevant legislation or obtain advice from a qualified professional such as a solicitor.
Sanitarium requires that you obtain its prior written approval before providing any link to this website. If such approval is given, you agree that you will not use any Sanitarium logo, trade mark or other proprietary graphic as part of such link without Sanitarium's prior approval.
9. Liability
You use this website at your own risk. Everything on the website is provided "as is" without any warranty of any kind.
Reasonable efforts are taken to ensure that the content on this website is accurate and up-to-date. However, Sanitarium makes no warranties or representations about accuracy, correctness, reliability or completeness of the information provided. All information contained on this website is provided as a convenience to you. Neither Sanitarium, nor its respective directors, officers, agents, affiliates or employees, accept any liability, direct or indirect, for any injury, loss, claim, damage or any incidental or consequential or exemplary damages, arising out of or in any way connected with the use of the website or any information contained on this website except for liability which cannot be excluded by law. If Sanitarium is liable for breach of any implied warranty or condition that cannot be excluded, then in any event Sanitarium's liability shall be limited to, at Sanitarium's option: (a) in the case of goods, replacing or repairing the goods; or (b) in the case of services, either re-supplying the services or paying for the costs of re-supplying the services.
Sanitarium assumes no responsibility for any technical malfunction, error, omission, interruption, deletion, delay in operation or transmission, communication line failure, virus, bug, tampering, theft or destruction or unauthorised access to the site, or any injury or damage to any person's computer related to the use of the site, or the streaming of material or downloading of any software/material (where permitted) from the website.
Sanitarium is not responsible for the content of websites linked to or from this website that are not owned by Sanitarium. Any links provided are for your convenience only and are not an endorsement of the other companies or products referred to on those other websites. Sanitarium has no responsibility for the condition, content or operation of any such other websites and shall not be liable for any damages or injury arising out of or resulting from access to or use of such websites. If you click on a link to another website, you do so entirely at your own risk.
10. Intellectual property
All material and content on this website, including but not limited to any and all trademarks, service marks, designs, products, software, images, sound and video recordings (whether streaming or downloadable), content downloads, and other audio/visual materials, are subject to protection under copyright, trademarks and/or other intellectual property laws, and are the property of Sanitarium or used by Sanitarium under licence by the relevant owner. Any unauthorised use of such intellectual property is prohibited and is a breach of these Terms of Use.
11. Copyright
Copyright entitles the owner to the exclusive right to copy and reproduce the materials. Copying or reproducing the materials may infringe the copyright. You are only permitted to download, display, print or reproduce the materials in unaltered form for personal use, non-commercial use, research or study, and provided you agree to refer to Sanitarium as the owner of the copyright in such material. Commercial use of the material is not permitted.
12. Interpretation
These terms and conditions shall be governed by and construed in accordance with of the laws of New Zealand. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of New Zealand. If any provision of these terms and conditions shall be unlawful, void or for any reasons unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
