This ARDEX New Zealand online shop is an online platform (the Online Shop) owned and operated by ARDEX New Zealand Limited (ARDEX New Zealand, we, us, or our). The Online Shop allows ARDEX New Zealand customers to view and purchase ARDEX New Zealand’s products and allows ARDEX New Zealand to notify customers of promotions and conduct surveys.
Your use of this Online Shop, whether accessed through a web browser, mobile application or otherwise, is governed by these terms of use (the Terms). By signing up for an account and using this Online Shop you acknowledge that you have read and agreed to the Terms.
All information and content on this Online Shop is subject to change. We will endeavour to keep this Online Shop up to date.
Disclaimers
The information on this Online Shop is for your general information only. While we have endeavoured to ensure that the material on this Online Shop is free from error, we do not warrant the accuracy, adequacy or completeness of that material or that the material is suitable for your intended use. Before acting on the material on this Online Shop, you should either seek independent advice or rely on your own judgement. Any advice, opinion or information is given to assist the use of our products on the basis that you will ensure its suitability for the application intended.
Although we have endeavoured to make colours on the screen as close as possible to the ones we supply we accept no responsibility for the accuracy of the colour match. In particular, colours may vary depending on your screen settings and resolution. In case of doubt, you should check the products before application.
We do not guarantee access to this Online Shop or the content on this Online Shop, or that your access will be uninterrupted, timely, and secure, or error or fault free, or that this Online Shop or the server that makes it available is free of any virus or other harmful elements.
Limitation of liability
You use this Online Shop and the content on this Online Shop at your own risk. To the maximum extent permitted by law:
- all warranties, representations and guarantees in relation to this Online Shop and its content (whether express, implied or statutory) are excluded; and
- except to the extent stated in these Terms or otherwise agreed in writing, we will not be liable to you for any damage, loss or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you, directly or indirectly, in connection with your access to or use of (or inability to access or use) this Online Shop or its content (whether in contract, tort (including negligence) or otherwise).
To the extent that our liability cannot be excluded, our total liability for any loss or damage you suffer in connection with the Online Shop or these Terms will not in any circumstance exceed NZD$10.
ARDEX New Zealand and you agree that where you are using this Online Shop for the purposes of trade, having regard to all relevant circumstances, it is fair and reasonable that (i) the Consumer Guarantees Act 1993 and (ii) sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 do not apply to such use to the extent permitted by law.
Indemnity
To the maximum extent permitted by law, and without limiting any other rights we may have under these Terms or at law, you agree to indemnify us against all costs, losses, expenses and liabilities that we suffer or reasonably incur in connection with any third party claim made or brought against us, where the claim is wholly or partly attributable to your breach of these Terms. However, you will not be liable to the extent that we have caused or contributed to such losses through our own negligence, breach of these Terms or unlawful conduct.
Signing up
To use the Online Shop, you must complete the sign-up process on the Online Shop. If you are signing up in the name of an organisation or on behalf of another person, you personally undertake that you have the authority to accept these Terms on behalf of the organisation or that person. You agree that these Terms apply between you and us only and that ARDEX New Zealand has no responsibility to any person other than you, the account holder. Nothing in these Terms confers a right or benefit on any other person.
You undertake that all information you provide will be true, accurate and correct and you agree to update us promptly if any of that information changes or is otherwise inaccurate or misleading.
You are responsible for protecting your passwords and other login information and must not disclose them to any third party. You agree that you are solely responsible for any use of the Online Shop by any person using your login credentials. You must notify us immediately on becoming aware of any actual or suspected unauthorised use of your account. You agree to indemnify ARDEX New Zealand against any and all claims arising out of your failure to maintain the confidentiality of your passwords and other login information.
User content
Where you upload or submit any information or material to the Online Shop (User Content) you give us and our contractors and agents permission to store, copy, modify and distribute that User Content as required to operate, maintain and develop ARDEX New Zealand’s business, including to provide any products to you.
Where you upload User Content to the Online Shop, you undertake that:
- the User Content does not infringe any third party intellectual property rights;
- we do not need to obtain any further licence, right or permission from a third party to deal with the User Content as permitted above;
- the User Content complies with all applicable laws;
- the User Content is true, accurate and correct; and
- where the User Content relates or belongs to another person, you have obtained all necessary consents and authorisations from that person to use and upload that User Content.
We do not review or control User Content and are not responsible for its accuracy or completeness. You are solely responsible for and assume all risk associated with any use or reliance placed on User Content by you and any third parties.
We may choose to delete or block User Content at any time, with or without giving any reason, where we consider it necessary to comply with the law or to protect ourselves or others from harm or loss.
We may also disclose User Content to others where we reasonably consider it necessary to comply with law or for any of the reasons set out above. Any disclosure of personal information will be governed by our Privacy Policy (see the Privacy section below).
Changes to the Online Shop
We can modify, suspend or discontinue all or part of the Online Shop at any time, with or without notice.
Closing your account
You may close your account at any time, by contacting ARDEX New Zealand or otherwise in the manner specified from time to time on the Online Shop.
We can close your account at any time, with or without reason, by giving 14 days’ notice to the contact email address listed in your account.
We can close your account at any time with or without giving you notice, if you breach these Terms and we reasonably consider that the breach (alone or together with any past breaches) exposes us to a cost or risk of some kind, or may have a negative impact on us or our products or systems.
Any obligations, rights or remedies set out in these Terms which are intended to survive closure of your account will survive and continue indefinitely.
Intellectual property
We are either the owner or licensed user of the copyright and all other intellectual property rights in this Online Shop, and all of the information, resources, materials and other content found on this Online Shop. All rights are reserved.
You may access, view, copy and store the content found on this Online Shop for your personal use only. Otherwise you must not copy, display, reproduce, distribute, modify or use in any other way for commercial or public purposes any part of this Online Shop without our prior written authorisation.
Restrictions on using the Online Shop
You must not engage in any commercial exploitation of the Online Shop. You must not use the Online Shop in a way that infringes intellectual property, defames someone, breaks the law, or violates the privacy or other rights of any person.
You must not use the Online Shop to:
- upload, transmit, or distribute any malware or spyware;
- interfere with or disrupt any servers or networks connected to the Online Shop;
- attempt to gain unauthorised access to the Online Shop or another person’s account; or
- do anything that would expose us to any liability or cause us to be in breach of any law or regulation of New Zealand or any other jurisdiction.
Terms and Conditions of Sale
You acknowledge and accept that when purchasing any ARDEX New Zealand products through the Online Shop, ARDEX New Zealand’s terms and conditions of sale, as amended or replaced from time to time (which are available on the ARDEX New Zealand website at https://www.ardex.co.nz/ardex-terms-and-conditions-of-sale/), will apply to any such purchases.
Links to other websites
Any links to third party materials or websites on this Online Shop are provided for your convenience only. Unless clearly stated otherwise, we are not responsible for, and do not endorse, the accuracy or completeness of those third party materials or websites.
You are solely responsible for and assume all risk associated with any use or reliance placed on third party materials or websites.
Privacy and personal information
We deal with all personal information we collect about you through this Online Shop in accordance with our Privacy Policy, as amended or replaced from time to time (which is available on the ARDEX New Zealand website at https://www.ardex.co.nz/privacy-policy). If you choose to disclose personal information through this Online Shop, you are deemed to have read, and agreed with, our Privacy Policy.
Changes
We may at any time vary the Terms by publishing the varied Terms on the relevant Online Shop platform (e.g. website or mobile application). By continuing to use the Online Shop, you agree to be bound by the varied Terms.
Jurisdiction
This Online Shop and these Terms are governed by New Zealand law. You submit to the non-exclusive jurisdiction of the courts of New Zealand in relation to all matters or disputes arising out of or in connection with this Online Shop and/or these Terms.
General
Our failure or delay in exercising or enforcing any right or provision of these Terms will not operate as a waiver. A finding that any provision of these terms is invalid or unenforceable will not affect any other part of these Terms. You cannot assign your rights under these Terms to any third party, except with our prior written consent.