Policies - FrostBoss® Frost Fans

Terms Of Use

1. Ownership

The FrostBoss.com website ("Site") is owned by New Zealand Frost Fans Limited ("New Zealand Frost Fans"), which includes Australian Frost Fans Pty Limited (“Australian Frost Fans”).
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2. Acceptance of Site Terms

(a) Your access to and use of the Site is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Site (known collectively as the "Site Terms").

(b) Your use of and/or continued access to the Site constitutes your agreement to the Site Terms. If you violate any Site Terms your right to use and access the Site automatically terminates.

(c) New Zealand Frost Fans may, at its sole and absolute discretion amend the Site Terms at any time and with immediate effect by posting the amended Site Terms on the Site. By continuing to use this Site and/or any services after any such amendment, you are deemed to have agreed to the amended Site Terms.

The site Terms may not be amended otherwise. You should visit this page periodically to review the Site Terms.

Any reference to "we", "our" or"us" in these Site Terms shall mean New Zealand Frost Fans. The term"you" refers to the user or viewer of the Site. If you do not agree to be bound by these Site Terms, then you should stop accessing, using or browsing this Site.
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3. Restrictions on Use

(a) Unless expressly provided for on the Site or expressly authorised in writing by New Zealand Frost Fans, you may not copy, store (either in hardcopy of in an electronic retrieval system), adapt, alter, translate, disseminate, perform, broadcast, publicly display, hyperlink, reproduce, republish, frame, post, upload, distribute, transmit or modify in any way all or any part of the Materials contained on this Site,

(b) New Zealand Frost Fans may change or discontinue any feature of the Site, including the content, hours of availability and equipment required for access, at any time without notice.

(c) You must not transmit or attempt to transmit to this Site any data, code or other material of any kind, which contains a virus or other harmful component.

(d) As a condition of your access and use of ourSite, you will not use the Materials or our Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use our Site in any manner that could damage, disable, overburden or impair any New Zealand FrostFans server, or the networks connected to any New Zealand Frost Fans server, or interfere with any other party's access and use of our Site.

(e) You may not attempt to gain unauthorised access to our Site, or any services provided via our Site, other accounts, computer systems or networks connected to any New Zealand Frost Fans service or to any of the services provided via our Site, through hacking, password mining or any other means.

(f) You may not obtain, or attempt to obtain, any Material or other information through any means not intentionally made available on or through our Site.
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4. Privacy

(a) New Zealand Frost Fan's Privacy Policy ("Privacy Policy") applies to information collected from this Site. It sets out what personal information New Zealand Frost Fans may collect from you or about you, why we collect this information, and how New Zealand Frost Fans will use or disclose this information. The Privacy Policy forms part of these Terms of Use.

(b) By accessing the Site you are accepting the terms described in the Privacy Policy.
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5. Copyright

(a) The content of this Site, including all information such as text, graphics, images and other material("Materials"), is protected by New Zealand and international copyright law. Any unauthorised use of the Materials may violate these copyright laws.

(b) You may:

access and view the Site and may save an electronic copy or print out a copy of the Materials solely for your own personal, educational and non-commercial use. If you make a copy of the Materials, you must ensure that such copy must be in the form presented on our Site and includes all applicable copyright and other notices on our Site.
download a single copy of the Material and where necessary for reference purposes, keep a temporary copy in your computer's cache and make a single hardcopy of the Material; and
make such other use of the Material as is otherwise expressly authorised on the Site.

(c) Except with our prior written consent, you may not create a derivative work from the Materials, nor decompile, reverse-engineer or disassemble the Materials.

(d) Requests and enquires concerning the reproduction of Material on this Site for any purpose other than personal, educational or non-commercial use should be sent by email to info@nzfrostfans.com.

(e) The permission to reproduce protected Materials does not extend to any material on this website that is identified as being the copyright of a third party. Authorisation to reproduce such material must be obtained from the copyright holders concerned.

(f) New Zealand Frost Fans is the exclusive owner of all rights in the compilation, design and layout of this Site.
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6. Trade Marks

(a) All registered and unregistered trademarks, names and logos used on the Site are used with the permission of New Zealand Frost Fans or the relevant third party owners.

(b) Nothing contained in or displayed on the Site should be interpreted or construed as granting any licence or rights to use or distribute any names, logos or trade marks, without the express written agreement of New Zealand Frost Fans or the relevant contributor.
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7. Limitation of Liability

(a) New Zealand Frost Fans has provided the Material on the basis that it is given in good faith, but does not represent or warrant that the Material is reliable, accurate, complete or timely. You acknowledge that the Site and Material is provided on an "as is" and" as available" basis without any warranties or conditions of any kind(other than warranties or conditions which may not lawfully be excluded), and that you use the Site and the Material at your own risk.

(b) Some consumer protection legislation implies terms, conditions and warranties into some contracts for the supply of goods and services and prohibits the exclusion, restriction and modification of such terms ("Prescribed Terms"). Nothing in the Site Terms operates so as to exclude, restrict or modify the application of the Prescribed Terms, the exercise of a right conferred by any of the Prescribed Terms or the liability of New Zealand Frost Fans for breach of a Prescribed Term (except to the extent that liability may be restricted in accordance with paragraph (g) below).Except as provided by the Prescribed Terms and the Site Terms, and to the fullest extent permitted by law, New Zealand Frost Fans excludes and disclaims all terms, conditions and warranties express or implied in any way relating to access to, or non-access to, the Site or the use of or reliance upon the Site or the Materials.

(c) In addition, New Zealand Frost Fans does not warrant:

that the Site will operate uninterrupted or error free;
that the Site and its servers are free of computer viruses and other harmful data, code, components or other material; or
that New Zealand Frost Fans will be able to prevent any illegal, harmful or inappropriate use, modification or alteration of theSite, or will give notice of such use, modification or alteration.

(d) You warrant to New Zealand Frost Fans that you have not relied on any warranties, conditions or representations, which have been lawfully excluded in accordance with this clause 7.

(e) If your use of the Site or the Material results in the need for servicing or replacing equipment or data, New Zealand Frost Fans is not responsible for those costs.

(f) Warranties and exclusions applying to products or services purchased from New Zealand Frost Fans through this Site are set out in the Terms of Sale for those products or services ("Terms ofSale").

(g) To the fullest extent permitted by law, the liability, if any, of New Zealand Frost Fans arising from a breach of the Site Terms is limited to, at the option of New Zealand Frost Fans:

in the case of products, the repair or replacement of the products; and
in the case of services, the supply of the services again or the payment of the reasonable costs of having the services supplied again.

(h) Other than liability which cannot be lawfully excluded, New Zealand Frost Fans and its respective suppliers, officers, affiliates, directors, shareholders, agents and employees and any third parties mentioned on the Site will not be liable to you or any third party (and whether for breach of contract, tort, for breach of statute or on any other basis) for any loss or damage whatsoever (including any direct, indirect, incidental, special, punitive or consequential loss, loss of anticipated or actual profits, earnings or revenue, loss of business opportunities, loss of data, goodwill or contracts, failure to realise anticipated savings, damages, expenses or costs)resulting from or in connection with, directly or indirectly,:

your use of or access to, or your inability to use or access, the Site and the Material, including but not limited to damages resulting from or arising from your reliance on the Site or mistakes, omissions, interruptions, errors, defects, delays in operation, non-deliverables, mis-deliveries or transmissions in or relating to the Site, or any other failure of performance of the Site;
the termination of these Site Terms in accordance with clauses 12 of these Terms of Use;
the failure, or alleged failure, of any product purchased or transferred through the Site to conform to any specifications or terms, whether published on the Site or not;
the breach, or alleged breach, of any warranty, express or implied, relating to any such product purchased or transferred through the Site or shipment of such product; or
government restriction, strikes, war, any natural disaster or event of force majeure or any other condition beyond the control of New Zealand FrostFans.
You agree to indemnify, hold harmless and defend New Zealand Frost Fans and its suppliers, officers, affiliates, directors, shareholders, agents and employees against all third party claims, liabilities and damages incurred or allegedly incurred by New Zealand Frost Fans, arising directly or indirectly asa result of or in connection with your use of the Site.
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8. No Recommendation or Advice

(a) The availability of Materials, products or services on this Site does not constitute a recommendation or endorsement byNew Zealand Frost Fans. If you obtain Materials, products or services by accessing this Site, you do so entirely in reliance on your own judgement and enquiries and not in relation to any statements, warranties or representations made to you or to any other person, by or on behalf of New Zealand Frost Fans.

(b) Your use of Material on this Site is entirely at your own risk, for which New Zealand Frost Fans will not be liable. It shall be your own responsibility to ensure that any Materials, products or services available through this Site meet your requirements.
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9.Taxes

(a) Certain taxes and government charges may be payable in relation to the use of New Zealand Frost Fans’ services. New ZealandFrost Fans has no responsibility for such taxes and other government charges on transactions on or in any way connected with the Site.

(b) The Terms of Sale of New Zealand Frost Fans’ products will apply in determining whether any charges by New Zealand FrostFans for goods or services supplied through the Site are inclusive of any goods and services tax imposed under New Zealand law.
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10. Internet Service Providers

If you are an internet service and/or access provider, and you supply the Material to your subscribers, you must not use theSite in any manner or for any purpose which is unlawful, or in any manner which violates any right of New Zealand Frost Fans or which is prohibited by the SiteTerms.
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11. Hyperlinks and Third Party Material on this Site

(a) The Site contains:

hyperlinks and other pointers to internet websites controlled and operated by third parties ("Linked Sites"); and
material provided by third parties, which may include breaking news, stocks, horoscopes and weather reports ("Third Party Material").

(b) New Zealand Frost Fans is not responsible for the contents of, or any hyperlink contained in, a Linked Site or the ThirdParty Material, and is under no obligation to monitor or filter such material.

(c) You should not rely on the Third Party Material or the information at a Linked Site without making your own independent assessment of the information, and verifying its accuracy. Other than liability which cannot be excluded by law, New Zealand Frost Fans is not liable for loss of any kind (whether direct or consequential) arising from the information at this Site (including Third Party Material), or a Linked Site, being inaccurate, incomplete or misleading, and is not responsible for any interpretation, opinion or conclusion you form from the information.

(d) You acknowledge that the inclusion of ThirdParty Material and any links from the Site does not imply any endorsement or recommendation of the Third Party Material or the Linked Site by New Zealand FrostFans. If you link to, or purchase any products or services from, any suchLinked Site, you do so entirely at your own risk and New Zealand Frost Fans is not a party to any such transaction.

(e) New Zealand Frost Fans exercises no control over the quality, safety or legality of the items advertised or sold and statements made through any Linked Sites. The material on any Linked Site, including product information and prices, is the responsibility of the operator of the Linked Site. Any information contained on a Linked Site is subject to change without notice by the operator of that website.

(f) Your use of a Linked Site is subject to the terms and conditions of that site in addition to these Site Terms. To the extent that there is any inconsistency between them, these Site Terms prevail.

(g) If you have a dispute with one or more LinkedSites or Site users, to the fullest extent permitted by law, you release NewZealand Frost Fans, and its respective affiliates, subcontractors, agents and employees from liability for any claims, demands and damages, of every nature (including without limitation, actual, special, incidental and consequential), known and unknown, disclosed and undisclosed, arising out of or in any way connected with such disputes.
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12. Termination

(a) The Site Terms are effective until terminated by New Zealand Frost Fans. New Zealand Frost Fans terminate the Site Terms and your access to the Site at any time without notice. If this happens, you are no longer authorised to access the Site.

(b) All restrictions imposed on you, disclaimers and limitations of liability set out in the Site Terms will survive termination.

(c) We reserve the right, in our absolute discretion, to monitor any and all access and use of the Site. In addition, we reserve our right to terminate your access and/or use of the Site or any part thereof and we may block access from a particular internet protocol address to our Site or any part thereof in the event of any violation of these Site Terms.We also reserve the right to seek all remedies available under these SiteTerms, at law and in equity for violation of these Site Terms.
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13. Governing Law

The Site Terms are governed by and construed in accordance with the laws of New Zealand. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand.
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14. Use of Site from outside New Zealand

The information on this Site and these Site Terms have been prepared in accordance with New Zealand law, but may not satisfy the laws of other countries. If you reside in, or access this Site from, a country other than New Zealand ("User Country"), you acknowledge that:

(a) if the information and these Site Terms satisfy the laws of the User Country, then you are entitled to use and access the Site;

(b) if the information and these Site Terms do not satisfy the laws of the User Country, then this Site is not intended for your use and you are not entitled to rely on the information contained on this Site. If you do so, you agree to indemnify New Zealand Frost Fans for any loss or damage which may incur as a result.

(c) where these Terms of Use and/or Privacy Policy are translated into any language other than English, such translation is for illustrative purposes only and in the event of any inconsistency the English version applies and is binding upon the parties to the exclusion of any translated version.
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15. Prohibited Conduct

(a) You must not, without our prior written permission and the permission of any other owner of rights in content on the website, copy, mirror, broadcast, reproduce, frame, republish, download, store(in any medium), up-load to a third party, transmit, post, broadcast, distribute, show or play in public, adapt or change in any way the content of, or create a derivative work from, these web pages for any other purpose. You must not copy or reproduce in any way the content or any aspect of this website(including the layout, colours, designs, trademarks, logos, photographs, diagrams or any other copyright work or any other intellectual property used on the Web Site) without our prior written consent.

(b) You must not up-load, post, transmit or otherwise make available through the website any material which:

violates or infringes the rights of others (including their privacy and publicity rights);
is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;
restricts or inhibits any other user from using or enjoying the website;
affects the functionality or operation of the website or its servers or the functionality or operation of any user’s computer systems (for example, by transmitting a computer virus or other harmful component, whether or not knowingly); or
breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities which require New Zealand Frost Fans to take remedial action under any applicable industry code.
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16. Product Information and Availability

(a) New Zealand Frost Fans reserves the right to alter product specifications without notice.

(b) Publishing information about a product on the website does not mean that the product is necessarily available for sale or in stock.
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17. Contact

If you have any questions or concerns in relation to the Site, relates products, services or terms and conditions, please contact us via email info@nzfrostfans.com.
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Privacy Policy

1. GENERAL

Welcome to the FrostBoss.com site ("Site"). In general you can visit the Site without telling us who you are. The amount of information that you provide to New Zealand Frost Fans will depend on the range and number of services that you choose to use. Particular sections of this Site may require you to send New Zealand Frost Fans personal information, including your name and email address.It is our intention to inform you before we collect personal information from you on the Site. By visiting the Site, you are accepting the practices described in this Privacy Policy.
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2. COLLECTION OF INFORMATION

New Zealand Frost Fans recognises that any personal information is very important to you, and that you should have a right to control the use and dissemination of that information. Information collected by New Zealand Frost Fans will only be disclosed in accordance with the terms of this Privacy Policy. Specifically New Zealand Frost Fans collects the following information from its Site:
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2.1 Statistical Information
New Zealand Frost Fans collects statistical information regarding the use of its Site. This collection includes your computer's Internet Protocol (IP) address and the date and time of your visit.
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This information is collected to provide New Zealand Frost Fans with information about the use of its Site and to help it maintain and develop the Site to provide better information to users.

2.2 Cookies
New Zealand Frost Fans uses cookies on its Site. This involves the collection of personal information about you, including your habits when accessing the Site and any personal information you provide in customising this site. You can prevent this collection of information by disabling your web browser from accepting cookies. This will not prevent you from accessing the Site, however it may prevent you from utilising some of the features in the Site.

2.3 Requested Personal Information
At various stages you may be requested to provide New Zealand Frost Fans with personal information including your contact details. Personal information will only be requested if it is necessary to communicate with you, provide a service to you or if it is necessary by law. Such a request may arise if you ask New Zealand Frost Fans to provide you with information or provide you with a product. In this instance you should read New Zealand Frost Fans’ Use and Disclosure policy in clause 3.To opt-out of marketing communication such as email or letters, follow the unsubscribe instructions in the communication, or contact us.
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3. USE AND DISCLOSURE

New Zealand Frost Fans will not use or disclose,and will use reasonable endeavours to prevent the use or disclosure of,information provided by a user to the Site for a purpose other than the primarypurpose of collection (a 'secondary purpose'), except to the extent:‍

that the secondary purpose is related to the primary purpose of collection and thatyou could reasonably expect New Zealand Frost Fans to use or disclose theinformation for the secondary purpose (for example, the provision of yourinformation to a supplier of New Zealand Frost Fans products where you haverequested such a product to be supplied, or to our technology providers forreasons of customer service, database maintenance and other similar purposes);
that you have consented to the use of the information for the secondary purpose;
that information provided by you, including information relating to transactions, may appear in aggregate form for the purpose of providing statistical information within New Zealand Frost Fans or to third parties. This information will not identify you;
necessary in order to enforce any of the terms of an agreement between you and NewZealand Frost Fans;
that New Zealand Frost Fans has reason to suspect that unlawful activity has been, is being or may be engaged in, and uses or discloses the personal information as a necessary part of its investigation of the matter or in reporting its concerns to relevant persons or authorities;
required or specifically authorised by law;
provided in co-operation with any governmental authority
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4. ACCESS AND CORRECTION

4.1 Where New Zealand Frost Fans collects information from you, we will provide you with access to your information to the extent that we can reasonably do so except to the extent that:

the request for access is frivolous or vexatious;
providing access would have an unreasonable impact on the privacy of others or would violate this Privacy Policy as it relates to others;
the information relates to existing legal dispute resolution proceedings between you and New Zealand Frost Fans, and the information would not be accessible by the process of discovery in those proceedings; or
providing access would reveal the intentions of New Zealand Frost Fans in relation to negotiations with you in such a way as to prejudice those negotiations.

4.2 Where you notify us via e-mail addressed to info@nzfrostfans.com that information about you is incorrect, incomplete or out of date New Zealand FrostFans will correct, update, erase or amend the information as appropriate.
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5. LINKS FROM THIS SITE

New Zealand Frost Fans may link to other Internet sites. It is important that you are aware that any such links are not subject to the same privacy policies and restrictions seen in this Privacy Policy.Please read carefully any policy documents or terms and conditions that appear on linked Internet sites before disclosing any personal information. NewZealand Frost Fans is not responsible for any practices on linked Internet sites that might breach your privacy.
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6. SECURITY

New Zealand Frost Fans acknowledges that security is of paramount concern to you. New Zealand Frost Fans stores your personal information in secure environments to safeguard it from misuse, disclosure, alteration or destruction. By using the Site you agree that the Internet is inherently insecure and that accordingly New Zealand Frost Fans can only use its reasonable endeavours to secure your personal information and cannot provide any definitive assurance regarding security of personal information. New Zealand Frost Fans will not be liable in any way in relation to any breach of security or any unintended loss or disclosure of that information.
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7. REMARKETING

We use Google AdWords Remarketing to advertise New Zealand Frost Fans across the Internet, in particular on the Google Display Network.

AdWords Remarketing will display ads to you based on what parts of the New Zealand Frost Fans website you have viewed by placing a cookie on your web browser.

‍This cookie does not in any way identify you or give access to your computer or mobile device.The cookie is used to indicate to other websites that “This person visited a particular page, so show them ads relating to that page.”

Google AdWords Remarketing allows us to tailor our marketing to better suit your needs and only display ads that are relevant to you.

If you do not wish to see ads from New Zealand Frost Fans you can opt out in several ways:

Opt out of Google’s use of cookies by visiting Google’s Ads Settings.
Opt out of a third-party vendor’s use of cookies by visiting the Network Advertising Initiative opt-out page.
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8. CHANGES TO PRIVACY POLICY

New Zealand Frost Fans may, without notice, amend or modify this Privacy Policy by posting the amended Privacy Policy to the nzfrostfans.com Internet site.
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9. FEEDBACK, QUESTIONS OR PROBLEMS

New Zealand Frost Fans welcomes any feedback you may have regarding our Privacy Policy. If you have any questions or queries relating to the policy, or if you have any suggestions or problems, please send an email to info@nzfrostfans.com.
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Terms & Policies.

Terms Of Use

Privacy Policy