Terms of service

Website Terms and Conditions


These website terms and conditions (Terms) govern your access to, and use of, the website located at www.delmaine.com, any related websites and any social media platforms operated by us (Website).  

The Website is provided and operated by Delmaine Fine Foods (Delmaine, us, our). By accessing or using the Website, each user (you, your) agrees to be bound by, and to comply with, these Terms. If you do not agree with these Terms you must stop using and accessing our Website. These Terms should be read in conjunction with our Privacy Policy which can be found here. 

  1. Privacy and personal information

    1. Registration for the Fine Food Club on our Website requires you to provide personal information. You consent to the release of your personal information to us and third parties in connection with the uses contemplated in our Privacy Policy. If you have questions or comments about our Privacy Policy, please contact us at: PrivacyOfficer@delmaine.com.
    2. If you register to become a member of the Fine Food Club on our Website or for any other service or offering on our Website, additional information and services may be made available to you. We may decline to register you, or cancel your registration, for any reason and we are not obliged to state such reason.
    3. By registering on our website, you consent to receiving marketing and promotional emails from us. You may unsubscribe from these messages at any time. 

  2. Content and intellectual property

    1. The Website is provided for your personal and non-commercial use. The Website contains text, images, graphics, sound, photographs and other materials and content relating to our business and our products (collectively, Content). The Content, and all intellectual property rights in the Content, are owned by Delmaine or by our licensors and, except as specified in these Terms, you have no rights in or to the Content.
    2. You must not use, reproduce, transmit, distribute or otherwise exploit any Content in any way, except that, where the Website permits and enables the download or sharing of particular Content (in which case  that Content may be used for your personal, non-commercial home use only).
    3. The contents of our Website may include links to third party sites and materials. We will not be responsible for the content of any linked sites or liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties. The linked sites are provided to you only as a convenience, and the inclusion of any linked site does not imply any endorsement of it by us or any association with its operators. We reserve the right to prohibit links to our Website and you agree to remove or cease any link on our request.
    4. You agree to ensure that nothing you submit to us through the Website infringes or breaches the rights of any third party or creates any obligation for us. By submitting anything to us through the Website, including any content (Your Content), you hereby grant to Delmaine, our related companies and all users of the Website an irrevocable, sub-licensable, transferable, worldwide, paid-up license, to use, copy and modify Your Content in connection with the Website and our business and products and to disclose Your Content to third parties.

  3. Restrictions on use

    1. The Website is only for your legal personal use. You may not use the Website or any Content for any commercial purposes or in any way that is unlawful, or harms us, our related companies or any other person. You may not send or post any material on the Website, or use the Website, the Content or any service offered via the Website in any manner, that: is unlawful,  obscene, offensive, defamatory, derogatory or unwanted; could damage, disable, overburden, or impair any Delmaine server or the network(s) connected to any Delmaine server; could interfere with any other party's use and enjoyment of the Website; or reduces the number of users accessing or using or able to access or use the Website.

  4. Risk and liability

    1. You understand and agree that your use of the Website and Content from the Website is at your sole risk. You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you or in your location.
    2. The Website and Content is provided by us on an “as is” and “as available” basis. To the fullest extent permitted by law, we exclude all liability for any loss or damage that results from your use of our Website and any services we provide, including from all express and implied warranties and representations. Without limiting the above, we do not warrant that the Website will be available at all times, secure or error-free, or that any Content is error-free or reliable. In no event will Delmaine, or our related companies, employees, agents, directors and other personnel (Delmaine Affiliates), have any liability to you (whether in contract, tort including negligence, or otherwise) in relation to your use of the Website, whether or not such liability is direct, indirect, consequential or of a special nature, including without limitation, any liability for loss of revenue, profit, anticipated savings, goodwill or opportunity, production or loss or corruption of data.
    3. You agree to at all times to indemnify the Delmaine Affiliates against any and all liability, claims, losses, damages, costs or other expenses of any nature whatsoever awarded against, incurred or suffered by any of the Delmaine Affiliates arising out of or in connection with any breach by you of these Terms. 
    4. None of the exclusions or limitations set out in these Terms will have the effect of limiting or excluding any form of liability to the extent such liability cannot be so limited or excluded under applicable law.

  5. Updates

    1. We may amend these Terms from time to time without notifying you. The current and binding Terms will be the Terms displayed on the Website at the time you access or use the Website. If you do not accept any modification to these Terms, you must terminate your access and use of the Website. Your continued use of the Website after a change or update has been made to these Terms constitutes your acceptance of the changed or updated Terms. 

  6. General terms

    1. Delmaine reserves the right, without any limitation whatsoever, to discontinue or alter the Website or terminate or suspend your access to the Website at any time, without notice, for any reason (and we are not obliged to state such reason).
    2. Notices to you may be made via posting to the Website, by email, or by regular mail, in our sole discretion. We may also provide notices of changes to these Terms or other matters by displaying such notices or by providing links to such notices.
    3. If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations  above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
    4. These Terms, and any disputes arising from or relating to the conduct covered by the Terms, are governed by the laws of New Zealand. You hereby submit to the exclusive jurisdiction of the courts of New Zealand.  

Last updated May 2023