Legal

Terms & Conditions

Terms Of Use

This Website is owned by Full Tank Group Limited (Tank) and operated by Tank and/or a third party provider. 

By accessing, browsing or using the Tank website (Website), you agree to be bound by these terms, conditions and disclaimers as amended from time to time (Terms of Use). Please read these Terms of Use carefully before using the Website. 

These Terms of Use are in addition to any other terms and conditions that apply to the sale of goods or provision of services by Tank through the online ordering portal or through the Tank Application for iOS and Android (App). If you do not agree to be bound by these Terms ofUse, then please immediately discontinue your use of the Website. 

Tank may amend these Terms of Use from time to time without notice.  Any amendment will be effective immediately upon being posted on the Website.  Your continued use of the Site after any amendment becomes effective, will constitute your agreement to be bound by these Terms of Use, as amended.

Privacy

Tank may collect, use, store, record and transmit your personal information entered on this Website. For further details, please refer to Tank Privacy Policy available at https://www.tankjuice.co.nz/privacy-policy.

Use of the website

You agree you will not transmit to Tank or upload to or through the Site anyHarmful Code, or use or misappropriate the Website for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that:  

- is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or would enable an unauthorised person to cause such result; or  
- would enable an unauthorised person to access another person’s information without such other person’s knowledge and permission.  

Without limiting the foregoing and by way of example only, users may not:  
- generate or facilitate unsolicited commercial email (Spam). Such activity includes, but is not limited to:  
(a) sending messages in violation of any applicable anti-spam law;  
(b) imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending Spam;  
(c) data mining any Tank property;  
(d) sending messages to users who have asked not to be contacted; or  
(e) selling, exchanging or distributing to a third party the contact information of any person without such person’s knowledge of, and continued consent to, such disclosure;  
- intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other Harmful Code or items of a      destructive or deceptive nature;  
- conduct or forward pyramid schemes or similar programs;  
- transmit content that may be harmful to minors;  
- impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email;  
- transmit another’s intellectual property or other proprietary or confidential information without such owner’s or licensor’s permission;  
- transmit another’s intellectual property or other proprietary or confidential information without such owner’s or licensor’s permission;  
- violate the legal rights (such as rights of privacy and publicity) of others;  
- promote or encourage illegal activity;  
- interfere with other Tank users’ enjoyment of the Website;  
- modify, adapt, translate, or reverse engineer any portion of the Website;  
- remove any copyright, trademark or other proprietary rights notices contained in or on the Website;  
- reformat or frame any portion of the web pages that are part of the Website without Tank’s explicit written permission;  
- bypass any limitations or suspensions of functionality; and
- provide false information.

Image disclaimer

Product images are for illustrative purposes only and may differ from the actual product. Due to differences in monitors,colours of products may also appear different to those shown on the site.

Use of the website by minors

The Website is not directed to individuals under the age of fourteen (14), but if you are under the age of 18 or the age of majority in your jurisdiction, you must use the Site under the supervision of a parent or legal guardian, or responsible adult.

Licence

Subject to your compliance at all times with these Terms of Use and any other terms notified to you in a written agreement between you and us, Tank grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable licence to:  

- access and use the App on your personal device solely and exclusively in connection with your use of the Services; and  
- access and use any content, Information and related materials made available through the Website or App.

Disclaimer

The Information is provided by Tank in good faith on an “as is” basis without warranty of any kind. Tank does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the information contained on the Website (collectively, the Information), or that it is suitable for your intended use.

You agree and acknowledge that you have not made known to Tank either expressly orby implication, any purpose for which you require the Website, and you have the sole responsibility of satisfying yourself it is suitable for your intended use.

The Information provided is of a general nature only and should not be used as the basis for making any decision, without consulting primary, more accurate, complete or timely sources of information and relating it to your personal, financial and/or health circumstances.

The Website may contain historical Information that is not current and is provided for reference purposes only.

The Information does not constitute professional advice.

Tank does not warrant or represent that the Information is free from human or mechanical error, technical inaccuracies or other typographical errors or defects. The use of the Website and the Information is at your own risk.

Tank reserves the right to vary or modify the Information contained on the Website, to change or discontinue any feature or part of the Website, to change the hours of availability and the equipment required to obtain access to the Website, without notice and without liability.

Tank makes no warranties, guarantees or representations that the material on the Website will not cause damage or that the material is free from any computer virus or other defects. It is your responsibility to complete a virus check and similar checks on any Information downloaded.

All warranties, representations and implied terms and any liability which may arise in relation to your access to the Website or the Information are expressly excluded to the extent permitted by law.

Tank reserves the right to suspend or terminate your access to the Website at its sole discretion for any reason.

Tank will use reasonable endeavours to ensure that the Website is available continuously.

However, Tank does not guarantee that access to the Website will be continuous or uninterrupted.

Allergens & vegan products

Tank will endeavour to provide allergen-free, gluten free, vegetarian or vegan products if requested by you in respect of an order. However, traces of allergens, gluten, meat and dairy may be unintentionally present in food due to cross-contamination during store operations. We cannot guarantee that your order will be 100% allergen, gluten, meat or dairy free but we will endeavour to ensure your order is at it was ordered.

Indemnity & limitation of liability

You agree to defend, indemnify and hold harmless Tank from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses(including but not limited to legal fees) arising from or in connection with: (i) your use of and access to the Website and App (including any online ordering applications); (ii) your violation of any term of these Terms of Use; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right.

To the extent permitted by law, Tank, its directors, employees, contractors and representatives will in no way be liable to any party for any injury, loss or damage arising out of or related to the use of (or the inability to use) theInformation, any opinions displayed on the Website, or any information made available in response to any enquiries or the selection of goods or services referring to it.

To the extent permitted by law, Tank will not be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of programs or data, loss of business, business interruption, or lost profits. If your use of the Website results in the need for servicing or replacing of any equipment, Tank will not be liable for those costs to the extent permitted by law.

Where liability cannot be excluded, to the extent permitted by law, any liability incurred by Tank is limited to the re-supply of the Information on the Website, or the reasonable costs of having the Information re-supplied.

Links to other sites

You may from time to time be able, through hypertext or other computer links, to gain access to other websites operated either by Tank, its affiliates (Linked Sites) or other third parties (Third Party Linked Sites). 

TheLinked Sites may have different terms of use and policies relating to privacy.

Unless otherwise specified, the Third Party Linked Sites are not under Tank’s control. The Third Party Linked Sites may have different terms of use and policies relating to privacy and may be subject to different laws. Tank is not responsible for the content of any Third Party Linked Sites, or any changes or updates to such sites. Tank provides these links for your convenience only. You link to any such Third Party Linked Sites at your own risk. Tank is not a party to any transaction between you and a Third Party Linked Site.Unless specified, Tank does not sponsor, endorse, adopt, confirm, guarantee or approve of any material or representations made in those Third Party Linked Sites.

Intellectual property

The copyright on the Website is owned by Tank and/or its affiliates. All present and future rights are reserved.

You acknowledge and agree that all content, coding, graphics, images, animations and Information available on this Website is protected by copyright, trade mark or other intellectual property rights and laws.

No part of the Information displayed on the Website may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or manner without Tank’s prior written consent. However, you may download and print these Terms of Use for your personal non-commercial use.

You expressly acknowledge that your use of the Website does not result in you gaining any right, title or interest to the Information or any other aspect of the Site.

Commercial use of the Website and the Information is expressly prohibited.

All trademarks and trade names which appear on this Website are proprietary to Tank and/or its affiliates. Use of these trademarks without the owner’s consent will infringe the owner’s intellectual property rights.  Nothing in this Site should be interpreted as granting any rights to use or distribute any names, logos or trademarks except with the express written consent of the respective owner.

Interpretation and miscellaneous provisions

These Terms and the relationship between us shall be governed and construed in accordance with New Zealand law. Any disputes arising in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the courts in the New Zealand.

If any provision of these Terms are found by a court of competent jurisdiction to be invalid (including because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavour to give effect to our respective intentions as reflected in these Terms.

The termination of any contract created by these Terms will be without prejudice to any other rights or remedies a party may be entitled to under these Terms or otherwise at law, and will not affect any of our accrued rights or liabilities nor the coming into or continuance in force of any provision of these Terms which expressly or by implication intended to come into or continue in force on or after such termination.

Contact us

If you have questions about these Terms, our Privacy Policy, Content, App, Online Ordering Platforms or any documents incorporated by reference in theseTerms, please contact us at marketing@tankjuice.co.nz or using the contact us form on the Website.

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