Terms & Conditions

• Childs Farm Limited (a company registered in England and Wales with company number 07454284 whose registered office is at The Barn, Kestrel Court, Sherborne St John, Basingstoke, Hampshire, RG24 9HJ (referred to below at “Childs Farm”) operates a business selling a range of hair and personal care products for children.
• Childs Farm has appointed Image Gallery Ltd (a company registered in New Zealand and whose address is 166 Marua Road, Mt Wellington, Auckland 1051 New Zealand and whose NZBN number is 9429000023498 (referred to below as “Image Gallery Ltd”) as its distributor in New Zealand.
• The Site is owned by Childs Farm and is operated under a licence from Childs Farm by Image Gallery Ltd. References to “we”, “us” and “our” should be construed as referring to Image Gallery Ltd themselves or acting through a third party appointed by them, unless the context requires otherwise.
• Please note that Image Gallery Ltd is responsible for the operation of the Site and that Childs Farm shall have no liability to you in relation to the operation of the Site or any other failure by Image Gallery Ltd.

Use of Site as a Trade Customer

• For the purposes of these Terms of Use, a “Trade Customer” is a person using the Site and/or ordering Products other than as a consumer. An individual or organisation may only use the Site and/or order Products other than as a consumer if they have a current registration with Childs Farm as a Trade Customer.

Use of Content

• All copyright and all other intellectual property rights in all text, images, sound, software, trade marks, logos and other materials on the pages of the Site (“the Content“) are owned by Childs Farm or are reproduced on the Site with permission of the relevant rights owner. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
• The Content may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without Childs Farm’s prior written consent, except:

• as stated at clause 4 below; and
• to read, view, print, download and (where appropriate) listen to and watch the Content of an individual page of the Site for your private and personal use only, provided that all copyright, trade mark and other proprietary notices contained in the original materials on any copy of these materials are retained, you only make one copy (electronically or otherwise) of any of the Content and you do not modify the copies of any Content you have printed off or downloaded in any way, including using any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

• The names, images and logos identifying Childs Farm and Image Gallery Ltd and their projects, products and services (including, without limitation, the names “Childs Farm Limited”, “Childs Farm” and “Image Gallery Ltd”) or those of third parties, are the proprietary marks of Childs Farm/Image Gallery Ltd (as applicable), and/or may be the proprietary marks of third parties. Any use made of these marks may be an infringement of rights in those marks and Childs Farm and Image Gallery Ltd reserve all rights to enforce such rights that they might have.
• Childs Farm may permit Trade Customers to use certain specified Content in relation to their promotion of the Products. In such circumstances, you may use the content strictly only in accordance with the terms of Child Farm’s approval. Please note that Child Farm’s agreement to use the Content (and/or Child Farm’s name or any other intellectual property rights) shall be valid only if given in writing and shall be subject to the terms of any approval.

Without limitation to the provisions of clause 2, you specifically agree that you may not use the Site

• for the posting, uploading, emailing or other transmission of any material, the publication, dissemination, use or possession of which infringes the rights of any person or which is unlawful in any other respect;
• in any manner which could damage, disable, overburden, or impair the Site;
• to make available personal data about any person other than yourself;
• to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for use through the Site;
• to impersonate any other person or entity or to provide inaccurate information;
• in any way which is abusive, vulgar, racist, sexist, defamatory, sexually orientated or obscene or which may harass, distress, embarrass or inconvenience any person or which might restrict or inhibit the use and enjoyment of the Site by any person;
• for the posting, uploading, emailing or other transmission of any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or commercial exploitation;
• for the posting, uploading, emailing or other transmission of any material that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment;
• to create a database (electronic or otherwise) that includes Content;
• to transmit or re-circulate any Content to any third party;
• in such a way so as to remove the copyright or trade mark notice(s) from any copies of any Content made in accordance with these terms;
• for any commercial purpose, including advertising of your business or products; or
• in any way that might bring Childs Farm, Image Gallery Ltd or their affiliated charities and other organisations into disrepute.

• You may link to the Site, provided you do so in a way that is fair and legal and does not damage Childs Farm’s reputation or take advantage of it.
• You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our or Childs Farm’s part unless, and to the extent that, Childs Farm has given its prior written approval.
• You must not establish a link to the Site in any website that is not owned by you.
• We reserve the right to withdraw linking permission without notice.

• We have taken care in the preparation of the Site. However, as certain technical matters may be beyond our control, we cannot guarantee that you will have uninterrupted access to the Site at all times. We may suspend, withdraw, discontinue or change all or any part of the Site without notice. We will not be liable to you if for any reason the Site is unavailable at any time or for any period.
• The Content may contain inaccuracies or typographical errors. We make no representations about the reliability, availability, timeliness or accuracy of the Content. The Content has been included in good faith and is for your general information only and does not constitute any form of advice, recommendation or arrangement by Childs Farm or Image Gallery Ltd and is not intended to be relied upon by users in making (or refraining from making) any specific decisions. YOU ARE RESPONSIBLE FOR CHECKING THE ACCURACY OF RELEVANT FACTS AND OPINIONS GIVEN ON THE SITE BEFORE TAKING (OR REFRAINING FROM TAKING) ANY STEP BASED UPON THEM. All conditions, warranties, terms and undertakings express or implied, statutory or otherwise, in respect of the provision of the Content are excluded to the fullest extent permitted by law.
• Neither Childs Farm nor Image Gallery Ltd warrant that the Site will be free of viruses or other harmful components. You are responsible for configuring your information technology, computer programmes and platform in order to access the Site. You should use your own virus protection software.
• We may update the Site from time to time and may change the Content at any time. However, please note that any of the Content on the Site may be out of date at any given time, and we are under no obligation to update it.
• The Site may contain links to other websites (“Third Party Sites”). Neither we nor Childs Farm either endorse or take responsibility for the availability or content of Third-Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third-Party Sites. If you decide to use these links to access Third Party Sites you do so at your own risk.
• You agree not to use the Site for any commercial or business purposes, and, save as expressly provided for in these Terms of Use, we shall not be liable for any direct, indirect or consequential loss or damage (including, without limit, loss of property or profit, business revenue or opportunity or anticipated savings and loss of or damage to any data, goodwill or reputation) or for any costs, claims or demands of any nature whatsoever arising directly or indirectly out of the use of or access to the Site or Content or any part thereof or in respect of any defect therein or any failure to provide or the late delivery of the same howsoever arising. We do not exclude or limit our liability for death or personal injury caused by our negligence or any other liability that cannot, as a matter of law, be excluded or limited.
• If you use the Site or Content in a way that breaches these Terms of Use, then you will be responsible to us and Childs Farm for any loss or damage we suffer as a result of your breach.

• These Terms of Use may be changed by posting the amended version on the Site. Please review them regularly. If you continue to use the Site after a change has been made you are deemed to have accepted the change.

• The Site may contain third party advertising and sponsorship and advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. We will not be responsible for any error or inaccuracy in advertising material.

• From time to time we may run competitions, free prize draws and promotions on the Site. In each case these will be subject to additional competition terms which will be made available on the Site.

• We may transfer our rights and obligations under these Terms of Use to another organisation, but this will not affect your rights or our obligations under these Terms of Use. You may only transfer your rights or your obligations under these Terms of Use to another person if we agree in writing.
• These Terms of Use shall be governed by and construed in accordance with the Fair Trading Act 1986 New Zealand Consumer Law. Any disputes arising in relation to the Site or these Terms of Use shall be subject to the exclusive jurisdiction of the courts of New Zealand.
• If any provision of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable, it shall be deemed deleted and the remaining terms and conditions shall survive and continue to be binding and enforceable.
• If we (or Childs Farm) fail to insist that you perform any of your obligations under these Terms of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we (or Childs Farm) do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
• Headings in these Terms of Use are for convenience only and will have no legal meaning or effect.
• The contract formed under these Terms of Use supersedes all previous agreements or arrangements between you and Image Gallery Ltd in respect of the provision of the Site and represents the entire understanding between you, Image Gallery Ltd and Childs Farm in relation to the same.
• For the avoidance of doubt, Childs Farm shall be entitled to enforce these Terms of Use. No other third parties shall be entitled to do so.