MbT (Milking by Time) Terms & Conditions

These terms and conditions apply to the use of the Milking By Time website and app. In using this website and the MbT app, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the app.

In these terms and conditions, the expressions “we”, “us” and “our” are a reference to QCONZ LTD.

“App” refers to the Milking By Time app including its database.

“You” and “Your” refers to any user of the Milking By Time app, including your agents, employees and business partners and includes any corporate structure accessing information from the Milking By Time app.

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website and/or to the email address associated with Your account. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

Data on the Milking By Time app can be entered by You. We have no direct control over the accuracy of the information You have added.

You accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources, which we believe to be accurate and up to date as at the date of posting. The information may be updated from time to time.

We do not make any representations or warranties that the information we provide is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material received from us. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material, which is made available to you.

We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.

To the maximum extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is hereby excluded. You confirm that You are in trade, are using Milking By Time App trade for the purposes of the Consumer Guarantees Act 1993 (“CGA”) and Fair Trading Act 1986 (“FTA”) and that:

(a) the warranties implied by the CGA are excluded to the maximum extent permitted by law; and

(b) We will not be liable in any circumstances in respect of a breach by us of any of sections 9, 12A, 13 or 14 of the FTA.

Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to supplying the same or similar Milking efficiency measuring services in relation to the milking efficiency subject matter of your claim again.

We shall in no circumstances be liable for economic or consequential losses.

The disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

Should any of the conditions in these terms and conditions or any part of them be held by a Court to be ineffective by virtue of non-registration, illegality or otherwise such conditions or part of it shall be severed from the rest without affecting the validity or enforceability of all other conditions or part of them.

You must ensure that your access to this website is not illegal or prohibited by laws that apply to you.

You must take your own precautions to ensure that the process, which you employ for accessing this website, does not expose you to the risk of viruses, malicious computer code or other forms of interference, which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system, which arises in connection with your use of this website or any linked website.

Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website.

Responsibility for the content of advertisements (if any) appearing on this website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements (if any) does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.

Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1994 and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

Adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or

Commercialise any information, products or services obtained from any part of this website;

Without our written permission.

© Copyright 2020 QCONZ LTD.

Except where otherwise specified, any word or device to which is attached the TM or ® symbol is a registered trade mark.

If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:

– in or as the whole or part of your own trade marks;
– in connection with activities, products or services which are not ours;
– in a manner which may be confusing, misleading or deceptive;
– in a manner that disparages us or our information, products or services (including this website).

The Milking By Time app may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.

Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. You should never share your secure information and/or password and identifier with any other person.

This Privacy Policy sets out generally how we may gather, use, disclose and manage personal information.

Like many other organisations, we must comply with privacy legislation when dealing with personal information. We respect your privacy and comply with the Privacy Act 2020. You are entitled to access the personal information we hold about you, and request that we amend it if it is incorrect.

Personal information means information or opinions about an individual whose identity is apparent or can reasonably be ascertained from the information.

During the course of dealing with you, we may generally collect basic personal information about you, such as your name, address and contact details. We may also request other specific information from you relating to the goods or services that you wish to obtain.

We do not sell or rent your Personal Information to third parties. Personal Information is information about an identifiable individual, as defined by the Privacy Act 2020.

Use and Disclosure
We will hold and use any personal information collected for the purposes set out in this Privacy Policy, for any purpose disclosed at the time of collection or for related purposes. Generally we will only use or disclose your personal information as follows:

– To third parties where we have retained those third parties to assist us to provide the products or services you have requested;
– For direct marketing of products or services; or
– Where otherwise legally permitted.

By providing us with your email address you consent to receiving emails from us advising of updates, and products and services available. You may unsubscribe from our email database at any time.

You agree that the data (including personal information about You) we collect through Your use of the App may be used by us for the following purposes:

– Identify characteristics of Your interests to determine whether we hold additional information or tools that might benefit You and to notify You of that information or those tools; and
– Sharing and using data (which has been anonymised) for our own internal purposes, for statistical, analytical, and research purposes or projects, for or in conjunction with other QCONZ systems and databases and, for QCONZ development, extension, and educational activities and services provided to dairy farmers. We may also disclose the (anonymised) data to our contractors for their use in connection with any of the foregoing.

Access to this website may be suspended or terminated at any time by us without notice. Our disclaimer and these terms and conditions will nevertheless survive any such termination.

The governing law shall be the laws in force in New Zealand. The parties submit to the jurisdiction of the New Zealand Courts.

These terms and conditions apply to the use of this website. In registering to use this website you agree to be bound by these terms and conditions.