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TERMS & CONDITIONS

Terms of Use

This site aims to provide a convenient, private and informative information site and shopping portal for our customers to purchase products. Fergburger wishes for you to have and enjoyable and safe visit to our site. In visiting this site and/or ordering from it you agree to be bound by and accept the following terms and conditions. Please read them carefully.

Information Disclaimer

The Fergburger site has a range of information and links for your entertainment and information. Information or views can change over time and we will do our best to update information, change links or modify media links to third party sources if they are found to be incorrect, misleading or no longer socially appropriate.There is no warranty that this information is accurate or complete.

Copyright and Trademark Notice

All designs, text, graphics, pictures and arrangement on this website are the copyright of Fergburger Limited. Permission is granted to users to electronically copy or print portions of this site for their own personal, non-commercial use. Any other use of materials on this site without Fergburger Limited prior written consent is strictly prohibited. All images, audio and video clips are the sole property of Fergburger Limited or their respective content providers.

All software used on the site is the sole property of Fergburger Limited or those supplying the software. You acknowledge that the site contains content and software that are protected by copyrights, trademarks, or other intellectual property rights, and that these rights are valid and maybe protected in all forms, media and technologies which exist now or are developed in the future. You may use the content of this site only for the purpose of information gathering or shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Fergburger Limited prior written permission. All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Disclaimer and Limitation of Use of Site and Liability for Products Sold

Fergburger Limited reserves the right to correct any errors, omissions, or inaccuracies, we do not accept any responsibility for the accuracy, reliability, currency, or completeness of any information, content, materials, services, products, merchandise, functionality, or other resource(s) available on or accessible through the service (even typographical or imaging errors), including the substance, accuracy, or sufficiency of any service or product information listed on the service. Further, we do not represent that the service will operate without interruption or error, nor do we provide any assurances of the availability or usability of the shopping services offered through the service.

Fergburger Limited also does not accept any responsibility for technical failures or for unauthorised access of user transmissions or materials by third parties.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Fergburger Limited its suppliers, vendors, respective employees, officers, directors, agents, affiliates, suppliers, vendors, licensors, co-branders, or partners be liable for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages, or any damages whatsoever resulting from any loss of use, loss of data, loss of profits, business interruption, litigation, or any other pecuniary loss, whether based on breach of contract, tort (including negligence), product liability, or otherwise arising out of or in any way connected with the use, operation, or performance of the service, with the delay or inability to use the service, any defects in the service, or with the provision of, or failure to make available, any information, services, products, materials, or other resources available on or accessible through the service, even if advised of the possibility of such damages.

Neither Fergburger Limited nor its suppliers or vendors guarantee the sequence, accuracy, or completeness of any information or content available through the service and shall not be liable in any way to you or anyone else who may use the information or content or to whom the information or content may be furnished, for any delays, inaccuracies, unavailability, errors, or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damage arising therefrom or occasioned thereby.

The operation of the service may be affected by numerous factors beyond Fergburger Limited or its suppliers’ or vendors’ control. The operation of the service – whether by Fergburger Limited, its suppliers, or its vendors – may not be secure. Security and privacy risks cannot be eliminated. Password protection and any other security measures may not prevent unauthorised access to materials.

Any liability on the part of Fergburger Limited parties, in the aggregate, shall not exceed the fees paid by you solely for the right to use the particular information, product or service provided from Fergburger.

Furthermore, Fergburger Limited explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from the site from third parties. We cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.

Under no circumstances shall we or any other party involved in creating, producing, or distributing the site be liable for any direct, indirect, incidental, special, or consequential damages for loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (i) the use of or inability to use the site, (ii) the cost of procurement of substitute goods and services resulting from any data, information or services purchased or obtained or messages received or transactions entered into through or from the site; (iii) unauthorised access to or alteration of your registration information, transmissions or data; (iv) statements or conduct of any third party on the site; (v) negligent or willful acts of Fergburger Limited, its directors, officers, employees and representatives or (vi) any other matter relating to the site.

You agree to indemnify and hold Fergburger Limited, and our directors, officers, employees and representatives harmless from any claim or demand, including reasonable legal fees, made by any you or any third party due to or arising out of the content you submit, post to or transmit through the site, your use of the site, your connection to the site, your violation of the terms of use, or your violation of any rights of another.

You acknowledge and agree that the limitations set forth above are fundamental elements of this agreement and the service would not be provided to you absent such limitations.

Your Account Obligations

In consideration of your use of the site, you agree to:

  • Provide true, accurate, current and complete information about yourself as prompted by the registration form (the “registration information”); and
  • maintain and promptly update the registration information to keep it true, accurate, current and complete.

You are responsible for maintaining the confidentiality of your password and registration and are fully responsible for all activities that occur under your password and registration. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. Fergburger Limited considers this registration information private. We use the information only for the limited purposes of processing your orders, government health or compliance tracing (such as Covid19 tracing)  for statistical purposes to improve our site and services to you, to administer our site, and to notify you of products or special offers that may be of interest to you.

If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your registration and refuse any and all current and future use of the site.

Payment Methods

Credit cards: we accept all major credit cards including Visa and MasterCard. There is no surcharge for Visa or MasterCard transactions. Our ecommerce platform is provided by WooCommerce as a secure and trusted industry leader. Please be sure to provide your exact billing address and telephone number – the address and phone number your credit card bank has on file for you. Your credit card will be billed as soon as your order is placed. Incorrect information may cause a delay in processing your order. In the event that we cannot fulfill your order or some items cannot be shipped, we will refund the difference back to your credit card. These refunds may take several business days to appear on your statement.

Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Fergburger Limited reserves the right at any time after receipt of your order to accept or decline your order for any reason. Large food orders may not be possible due to many reasons including but not limited to; kitchen capacity, supply chain constraints, staffing constraints or government capacity restrictions such as Covid 19 workplace spacing. Fergburger Limited reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order.

Your Conduct

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the site, use of the site, or access to the site. You agree not to access the site by any means other than through the interface that is provided by us for use in accessing the site.

Our Rights

Fergburger Limited may terminate your access, or suspend your access to all or part of the site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, merchant, sponsor, licensor, service provider, or us.

Fergburger Limited may elect to electronically monitor areas of the site and may disclose any content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the site; or (iii) to protect our rights or property or the rights of the users, our directors, employees, representatives, sponsors, third party providers or licensors. We are not responsible for screening, policing, editing, or monitoring such content.

Typographical Errors

In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Fergburger Limited shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Fergburger Limited shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled Fergburger Limited shall immediately issue a credit to your credit card account in the amount of the incorrect price.

Applicable Law

As far as legally possible this agreement, its terms and conditions and the use of this site shall be governed by the laws in existence from time to time in New Zealand. Any claim relating to the site, the services provided through the site or the New Zealand law shall govern the content.

Termination

This agreement is effective until terminated by either party. If you no longer agree to be bound by this agreement, you must cease your use of the service, including any access thereto. Your use of the service is at your sole risk. If you are dissatisfied with the service, its content, or any of the terms, conditions, and policies of this agreement, your sole and exclusive legal remedy is to discontinue using the service.

These terms are effective even if this agreement is terminated by either party. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the site with or without notice.

You agree that any termination of your access to the site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your registration and all related information and files under your registration and bar any further access to such files or the site.

If you breach any provision of this agreement, then you may no longer use the service. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the site.

General Information

These terms of use constitute the entire agreement between Fergburger Limited and you and govern the use of the site. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the terms of use shall not constitute a waiver of such right or provision. If any provision of the terms of use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the terms of use remain in full force and effect.

International Destination Restrictions and Liability

Fergburger Limited has no control over international customs or international postal operations and as such, takes no responsibility for damaged items or items claimed to be missing.

Fergburger Limited thoroughly monitors all international orders and inspects all packages leaving our offices to ensure that all items ordered by customers are included in each order and that each order is safely packed for international shipping.

Fergburger Limited will not refund any international orders where such claims are made. We recommend such claims be placed with your local customs and or postal service.

Fergburger Limited reserves the right to restrict parcels to certain destination countries at its sole discretion. Fergburger Limited is not responsible for the loss of any orders due to untraceable consignments numbers. Fergburger Limited is not liable for any cost that may be incurred due to customs tax or delivery tax. Fergburger Limited holds no liability to any orders that are detained by any countries customs, this may also affect delivery times; Fergburger Limited holds no responsibility on the order being delivered within a certain timeframe or cost. Fergburger Limited cannot guarantee the quality of any consumable products delivered due to extended shipping times and weather and hold no liability on replacing/refunded them. Fergburger Limited will refund the exact amount of a cancelled order in New Zealand dollars; however, for international orders the currency at the time will dictate how much will be deposited back into your account. Fergburger Limited is not liable for any discrepancy of currency at the time of the refund.

As such by agreeing to purchase the goods in your basket today, you accept that Fergburger Limited is responsible for the picking packing and dispatching of your goods to you. If for any reason whatsoever, be it taxes, custom law, duties or any other reasons whatsoever your parcel does not make it to your door and Fergburger Limited has picked, packed and dispatched the goods you have ordered, whilst we regret the non-delivery, Fergburger Limited is unable to refund your payment.

International Postage

Fergburger Limited uses New Zealand post, New Zealand couriers and other equally reputable international couriers for your delivery, so you can have absolute confidence that if your order fails to arrive it is not a function of the courier but rather a regulatory hurdle. Given the quality of our courier partners, if your delivery arrives damaged please let us know and we will endeavour to either resupply the goods or refund your payment based on the individual circumstances.