Terms & Conditions
In GeneralAlign Farms Limited t/a The Dirty Fork ("thedirtyfork.co.nz") owns and operates this Website. This document governs your relationship with The Dirty Fork ("thedirtyfork.co.nz").
Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
This Website may contain links to other websites (the "Linked Sites"), which are not operated by The Dirty Fork. The Dirty Fork has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
Privacy Policy
By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate. The Dirty Fork will also not store your data for any purpose other than relating to the sale and purchase of goods or sales.
Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence and The Dirty Fork will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of The Dirty Fork or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by The Dirty Fork and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website, nor may you use any such content in connection with any business or commercial enterprise unless written permission is given by The Dirty Fork.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please refer to our Shipping and Turnaround page in regards to shipping and production times.
In order to contract with The Dirty Fork you must possess a valid credit or debit card issued by a bank that is accepted by our online payment merchant (Stripe Payments). The Dirty Fork retains the right to refuse any request made by you if it is against company policy or NZ Law. When your order/purchase is accepted we will inform you by email confirmation. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card or account used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to such changes, but will be correct at time of sale.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. A contract between us is then formed and we will send you confirmation by e-mail when the goods which you ordered have been dispatched to you.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
(c) Payment
Upon placing your order, your card will be debited upon authorisation being received through the payment merchant. A confirmation email will be sent stating the monies paid for the value of goods you have purchased as listed.
Disclaimer of Liability
The material displayed on this Website is provided to the customer in accordance to the Fair Trading Act and Consumer Guarantees Act of NZ. The Dirty Fork is not liable for any misuse of the product, or damage adhered to the product from a third party. We will endeavour to disclose all information regarding a product at time of purchase.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page unless requested. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with The Dirty Fork and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners.
Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services provided to the stated third party by The Dirty Fork.
Indemnity
You agree to indemnify, defend and hold harmless The Dirty Fork, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
Variation
The Dirty Fork shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments by contacting us.
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Entire Agreement
The above Terms and Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and The Dirty Fork. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of The Dirty Fork.