Terms and conditions

1. Use of the Website

1.1 The Website is provided for your legitimate personal and business purposes and information only. Except as otherwise expressly authorised in writing in advance by Zespri, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, adapt, translate, create derivative works based (whether in whole or in part) on, reverse engineer, decompile or disassemble any services or software, all or any part of the Website, or any materials made available through the Website.

2. Security

2.1 Access to the Website requires users to enter a username and password (initially allocated by Zespri). You must change your password when you first log in to the website. Passwords must not contain personal information or include obvious or sequential numbers. You must keep your password secure and must not write it down, store it on your computer or disclose it to any other person. You are solely responsible for the security of your user name and password, including the computer you use to access the Website. Zespri disclaims any responsibility or liability for the security of your password or for any access to the Website resulting from the unauthorised use of your password.

2.2 For security reasons Zespri may require you to re‐authenticate yourself from time to time including without limitation for the purpose of accessing payments and inventory reports, or after a period of inactivity on the connection between your browser and Zespri’s servers.  Zespri is not responsible for any information which is lost or unavailable as a result of your unexpected termination of your browser session.

2.3 No transmission of data over the Internet is completely secure. It may be possible for third parties to intercept or access transmissions or private communications unlawfully. While Zespri will use best endeavours to protect and keep secure your personal information while stored on its computer system, Zespri cannot ensure or warrant the security of any information you transmit to or download. Any such transmission or downloading is not secure and is done at your own risk.

2.4 Issuance of a user name and password is at Zespri’s discretion and Zespri shall be permitted in its sole and  absolute  discretion  to  revoke,  cancel  or  vary  the  terms  of  access  to  the  website. In such circumstances, Zespri shall not be obliged to state the reasons for such revocation, cancellation and/or variation.

2.5 If you advise Zespri through any channels that you wish to create a business relationship with another party which would require that party to have access to information relating to you, Zespri is entitled to rely on such instruction, and you agree that the party will be granted sufficient access to enable them to undertake on your behalf any actions which you can undertake through the Website, including without limitation, changing your information and creating or changing relationships. You release Zespri entirely from any claims, losses or damages which may accrue as a result of such access being granted and/or any actions taken or omitted to be taken by such third party. 

3. Information on the Website

3.1 All material on this Website, including without limitation, text, images, graphics, layout, look‐and‐feel and any other information contained on or in this website (collectively, “Content”) is subject to copyright and other proprietary rights.

3.2 This Website and all content, including without limitation any decision support tools, are provided “as is” without warranty of any kind, whether express or implied. All implied warranties, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non‐infringement, are hereby expressly disclaimed. Zespri does not represent or warrant that Content or materials accessed from or through this Website will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected. Zespri does not warrant or make any representations regarding the use of Content (or results of such use) in terms of correctness, accuracy, timeliness, reliability, completeness or otherwise. Zespri reserves the right to correct, update, supplement or alter the information contained on this Website at any time without prior notice.

3.3 Zespri reserves the right to monitor any and all information transmitted or received through the Website for operational and other purposes at any time. You agree that you will not (nor permit any other person to) use the Website, including the information provided on it, in any way which (i) breaches any laws, regulations, standards or codes, or infringes a third party's rights or privacy; (ii) is fraudulent, threatening, abusive, libellous, defamatory, obscene, vulgar, profane, indecent, harassing, rude or offensive; or (iii) introduces or propagates viruses, spyware/bots, worms, trojan horses or any other disruptive or disabling feature. You agree not to test the vulnerability of the Website or any network attached thereto, not to use the Website to gain unauthorised access to other computer systems or networks connected to the Website or tamper with, hinder the operation of, or make unauthorised modifications to, the Website.

3.4 In the unlikely event that an unauthorised person makes changes to the Website, Zespri does not accept responsibility for those changes.

4. Collection of information from Users

4.1 If you provide any information or material to Zespri through the Website, you assign your rights in that material to Zespri (to the extent applicable) and you consent to Zespri reproducing, using, disclosing, adapting or distributing that material or any ideas, concepts, know‐how or techniques contained in that material, without limitation or reference to you. Zespri reserves the right to (a) monitor any and all information transmitted or received through the Website for operational and other purposes at any time, (b) disclose any information that may be posted on any portion of the Website as is necessary to satisfy any law, regulation or governmental request, and/or (c) to refuse to post, or to remove, any information or materials, in whole or in part, that in Zespri's sole and absolute discretion are objectionable or in violation of these Terms and Conditions.

5. Privacy provisions

5.1 Zespri may collect personal information (information which identifies you or your associates) given by you through your use of the Website, including where you submit online forms or change details in the relevant  databases  accessible  from  the  Website. To find out more about our approach to privacy, please read our Global Privacy Statement, which provides a global overview of the way we collect, use and protect personal information.

5.2 You agree that you have read and understood Zespri’s Global Privacy Statement and consent to the collection, use and sharing of your personal information as indicated in the Global Privacy Statement. You also agree that Zespri may use information provided by you in aggregate form for the purposes of performing and publishing industry statistics and analysis, provided that any such information does not personally identify you.

5.3 You acknowledge that some of the functionality offered on the Website is dependent upon your provision of information, and that if you do not provide such information, you may not be able to use some of the functionality of the Website.

5.4 You are entitled to access and request correction of the personal information Zespri may hold about you at any time as set out in Zespri's Global Privacy Statement. If you want to see the information stored for you, if you want to change some personal information, or to be removed from any Zespri mailing list or similar service please email us at contactcanopy@zespri.com.   

 6. Cookies 

6.1 The Website uses "cookies" and other tracking technologies to collect information which is used to measure activity on the Website and to make improvements and updates based on the popularity of each area. Each cookie will typically contain the name of the domain from which the cookie has come, the “lifetime” of the cookie and usually the IP address or another unique number of the device. We use cookies on our websites for a variety of reasons such as to enable us to recognise when you have logged in and to improve your experience of the service, such as: 

1. Strictly necessary purposes: to keep you logged in or to improve the security of our services and for system administration, such as preventing fraudulent or disruptive activity; 
2. Functionality purposes: to remember your preferences and settings and other functionality you have requested; 
3. Analytics and performance-related purposes: to record the popularity of various elements of the website, count visits and traffic sources to ensure the Website works properly and to improve performance of the Website. 
4. If your browser is set to refuse cookies or to alert you when cookies are being sent, some parts of the Website may not function properly. For more information about cookie use on the Website please email: privacy@zespri.com 

7. Links

7.1 This website contains links to third‐party websites, which are provided for informational purposes only and are not guaranteed to be accurate or up to date. No linked website is endorsed by Zespri and no responsibility is taken by Zespri for material, content or information accessed through any linked site. Linked sites have their own terms and conditions which you should review, and access to linked sites is done at your risk.

7.2 Permission  to  create  hyperlinks  to  this  Website  is  specifically  denied  unless,  before  creating  your hyperlink, you obtain prior written consent from Zespri which may be withheld in Zespri’s sole discretion. To request permission to link to this Website, email contactcanopy@zespri.com

8.  Intellectual Property

8.1 Copyright and trademarks in all materials displayed or available on the Website are the property of Zespri or their respective owners. All rights to the Website, including rights in text, design, graphics, the selection and arrangement are reserved and no right or licence to any intellectual property is granted or implied, as a consequence of the publication of any material on the Website. Where the intellectual property of third parties has been used, including trademarks and logos, Zespri has obtained consent from these third parties for the use of their intellectual property on the Website. Unless otherwise stated, the reproduction or adaptation of any information from the Zespri Canopy website, in part or whole by any means is prohibited without written permission from Zespri. You are permitted to copy textual material published by Zespri on the Website for your own non‐commercial use only, provided you retain and display any copyright notice applying to the material. You are not permitted to incorporate anything from the Website in any other work, including, in particular, redistributing or publicising it for any commercial or other purpose.

9. Limitation of Liability

9.1 Use of the Website is at your own risk. Subject to any terms implied by law which cannot be excluded, Zespri shall not be responsible or liable, in contract, tort (including negligence), equity or otherwise for damages of any kind, including (without limitation) compensatory, direct, indirect, incidental, special, consequential or punitive damages, loss of data, income, savings or profit, loss of or damage to property, and claims of third parties, arising out of, or in connection with, your access to, or use of, the Website or any linked websites, or any Content.

9.2 Zespri  makes no  warranty  that  the  Website  will  meet  your  requirements,  that  the  Website  will  be uninterrupted, timely, secure, or error free. You acknowledge and agree that any information or material and/or goods or services obtained through the Website is obtained at your discretion and risk. Zespri assumes no responsibility, and shall not be liable for, any damage to, or virus that may infect, your computer equipment or other property on account of your access to, use of browsing in the Website, or your downloading of any materials provided that we do not limit in any way our liability by law for death or  personal  injury  caused  by  our  negligence.  Everything  on  the  Website  is  provided  to  you  "AS  IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON‐ INFRINGEMENT provided that we do not limit in any way our liability by law for death or personal injury caused by our negligence.

9.3 All warranties, whether express or implied, as to the accuracy, completeness, currency, fitness for purpose or usefulness of the information contained on the Website (including that provided by calculators and/or any decision making tools available on the website) are excluded to the extent permitted by law.

9.4 You  agree  to  defend,  indemnify  and  hold  harmless  Zespri,  its  related  parties  and  their  respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings (including those of third parties), as well as any and all losses, liabilities, damages, costs and expenses (including reasonable solicitors fees) arising out of or accruing from: (a) your use of the Website, its information (including without limitation the Reports), tools or any other linked website; (b) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, patent or other intellectual property right of any person or defames any person or violates their rights of privacy; and (c) any non‐compliance by you with these Terms and Conditions.

10. Restriction of Access

10.1 Zespri may, in its sole discretion, restrict or prevent access to, or use of, the Website (or parts of the Website) without prior notice and for any reason. Restriction or prevention of access to or use of the Website shall not affect any right or relief to which Zespri may be entitled, at law or in equity.

11.  Monitoring 
11.1 Zespri systems are subject to logging and monitoring of system activities for information assurance purposes, to ensure compliance with legal requirements and to maintain cyber security and integrity of Zespri’s information systems and data. Monitoring of information and data stored on or transmitted via Zespri’s systems may be performed by authorised third parties.

12. Site Tools

12.1 Decision support tools, applications and calculators within the Website are indicative only and Zespri disclaims any liability for the accuracy, completeness or validity of such tools, together with any results, outcomes or any decisions based on the use of such tools.  All decisions are made at your own risk. Information produced by the tools and the methods of calculations may change without notice.  Figures used by these tools, including financial, growth and aggregate data are based on figures current only to the dates specified on the relevant pages and may be averages or aggregated data which differs from the circumstances of your orchard or business.  If you provide information produced by the tools to any other person, you agree to give that person notice of the disclaimer in those paragraphs.

13. General

13.1 The Website, Content and these Terms and Conditions are governed by the laws of New Zealand, and you irrevocably submit to the non‐exclusive jurisdiction of the courts of New Zealand in determining any dispute. If you use the Website from outside New Zealand you are responsible for complying with any applicable laws (whether in your country of residence or New Zealand). Any Terms and Conditions that are either invalid or unenforceable will be struck out and the remaining Terms and Conditions will remain in force. Any failure by Zespri to act in relation to a breach of these Terms and Conditions does not waive Zespri’s right to act with respect to subsequent or similar breaches.

Zespri International Limited – December 2023