Terms and Conditions of Use

Updated – 01 April 2024

These Terms and Conditions of Use set forth the legally binding terms for your use of and/or registration on this Website www.hookedonchook.co.nz and any of its associated web pages (“Website”). Use of this Website means you agree to be bound by these Terms and Conditions of Use. Please read them carefully and if you do not agree with them, in whole or in part, you should not use this Website.
By using this Website, you agree that the exclusions and limitations of liability set out in these Terms and Conditions of Use are reasonable. If you do not think they are reasonable, you must not use this Website.
Use of the Website is governed by our Privacy Policy.

Variation
Hooked On Chook reserves the right to revise these Terms and Conditions of Use from time-to-time. Revised Terms and Conditions of Use will apply to the use of this Website from the date of the publication of the revised Terms and Conditions of Use on this Website. It is your responsibility to check this page regularly to ensure you are familiar with the current version.

License to use Website
Unless otherwise stated, Hooked On Chook® is the proprietor or the authorised user of the copyright, trademarks and all other intellectual property rights in the software, text, graphics and other material (content) displayed or available through the Website. No material from this Website may be reproduced or republished, in any way, without the prior written permission of Hooked On Chook.

Acceptable use
You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without Hooked On Chook’s express written consent.
You must not use this Website for any purposes related to marketing without Hooked On Chook’s express written consent.
Hooked On Chook reserves the right, in its sole discretion, to reject, restrict, suspend, or terminate your access to the Website at any time, for any reason, with or without prior notice to you, and without liability for its actions in respect of such.

User content
In these Terms and Conditions of Use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Website, for whatever purpose.
You grant to Hooked On Chook a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to Hooked On Chook the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Hooked On Chook or a third party (in each case under any applicable law).
You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Hooked On Chook reserves the right to edit or remove any material submitted to this Website, or stored on Hooked On Chook’s servers, or hosted or published upon this Website.
Notwithstanding Hooked On Chook’s rights under these Terms and Conditions of Use in relation to user content, Hooked On Chook does not undertake to monitor the submission of such content to, or the publication of such content on, this Website.

No warranties
While Hooked On Chook endeavours to supply accurate information on this Website, errors and omissions may occur. Hooked On Chook and its associated companies, successors, transferees and assignees do not accept any liability, direct or indirect, for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission whether negligent or otherwise, contained on this site.
You are solely responsible for the actions you take in reliance on the content on, or accessed, through this site.
The contents of this site do not constitute legal, financial, investment or real estate advice. Specialist advice should be sought in particular matters.
To the extent permitted by New Zealand law, Hooked On Chook makes no warranties in relation to the merchantability, fitness for purpose, freedom from computer virus, accuracy or availability of this Website.

Limitations of liability
To the maximum extent permitted by law you specifically agree to indemnify and hold Hooked On Chook, its subsidiaries, affiliates their respective directors, officers, agents and employees harmless from any and all claims relating to your use of the Website or its use by any person on your behalf.
Nothing in these Website Terms and Conditions of Use will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in these Website Terms and Conditions of Use will exclude or limit Hooked On Chook’s liability in respect of any:
– death or personal injury caused by Hooked On Chook’s negligence;
– fraud or fraudulent misrepresentation on the part of Hooked On Chook; or
– matter which it would be illegal or unlawful for Hooked On Chook to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Indemnity
You hereby indemnify Hooked On Chook and any of its associated entities and undertake to keep them indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Hooked On Chook to a third party in settlement of a claim or dispute on the advice of Hooked On Chook’s legal advisers) incurred or suffered by Hooked On Chook arising out of any breach by you of any provision of these Terms and Conditions of Use, or arising out of any claim that you have breached any provision of these Terms and Conditions of Use.

Unenforceable provisions
If any provision of this Website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of these Website Terms and Conditions of Use.

Assignment
Hooked On Chook may transfer, sub-contract or otherwise deal with Hooked On Chook’s rights and/or obligations under these Terms and Conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms and Conditions.

Breaches of these Terms and Conditions
Without prejudice to Hooked On Chook’s other rights under these Terms and Conditions of Use, if you breach these Terms and Conditions of Use in any way, Hooked On Chook may take such action as Hooked On Chook deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.

Severability
If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Links
Please note that although this Website has some hyperlinks to other third party websites, these sites have not been prepared by Hooked On Chook and are not under the control of Hooked On Chook. The links are only provided as a convenience, and do not imply that Hooked On Chook endorses, checks, or approves of the third party site.
Hooked On Chook is not responsible for the privacy principles or content of these third party sites. Hooked On Chook is not responsible for the availability of any of these links.
Hooked On Chook requires that you request our permission to include a link from another site to this site. If you would like to request permission, please email us at: admin@hookedonchook.co.nz.

Law and jurisdiction
These Terms and Conditions of Use will be governed by and construed in accordance with New Zealand Law and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of New Zealand.

Hooked On Chook details
You can contact Hooked On Chook by email on admin@hookedonchook.co.nz.

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