WEBSITE TERMS OF USE
1 APPLICATION OF TERMS
1.1 These Terms apply to your use of the Website. By accessing and using the Website:
(a) you agree to these Terms; and
(b) where your access and use is on behalf of another person (eg a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
1.2 If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.
1.3 The information provided on this Website is for general information purposes only for personal use. The information provided on this Website has not been prepared by taking into account the particular objectives, situation or needs of any individual users. Use of information and material contained on this Website is at your own risk.
1.4 Although we have tried to ensure the content on this Website is current, accurate and complete, we do not guarantee that such content will be current, accurate or complete when you access it. Postings are made at such times as we determine in our discretion, and we do not review past postings to determine whether they remain accurate. We will take action, within a reasonable time, to correct any error or inaccuracy which is brought to our attention.
2 CHANGES
2.1 We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.
2.2 We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
3 DEFINITIONS
In these Terms:
including and similar words do not imply any limit
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
personal information means information about an identifiable, living person
Privacy Act means New Zealand Privacy Act 2020
Terms means these terms and conditions titled Website Terms of Use, including the Privacy Policy set out below
Underlying System means any network, system, software, data or material that underlies or is connected to the Website
User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website
We, us or our means Techium Limited, a company incorporated in New Zealand
Website means www.techium.co.nz
You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.
4 YOUR OBLIGATIONS
4.1 You may access, view, reproduce and print the content on this Website, provided you only use that content for informational, non-commercial purposes, and any reproduction includes a prominent acknowledgement of our rights in the relevant content.
4.2 You must provide true, current and complete information in your dealings with us, and must promptly update that information as required so that the information remains true, current and complete.
4.3 If you are given a User ID, you must keep your User ID secure and:
(a) not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
(b) immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to [email protected].
4.4 You must:
(a) not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
(b) unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
4.5 You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to [email protected]. We reserve the right to prohibit links to this Website or any other website, and you agree to remove or cease any link upon our request. You may not frame any part of the Website material by including advertising or other revenue-generating material, without our prior approval in writing.
4.6 You indemnify us (including our employees, related parties, directors, officers, agents, volunteers, contractors, subcontractors and collaborators) against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.
4.7 You may need to agree to additional terms and conditions for any promotions or competitions which may be available to you from time to time through this Website, prior to being able to obtain or participate in such promotions or competitions. Any such additional terms and conditions must be read in conjunction with these Terms. In the event of any inconsistency between these Terms and any promotion or competition terms and conditions, the relevant promotion or competition terms and conditions will prevail.
5 USER PROVIDED INFORMATION AND CONTENT
5.1 The content of this Website may include information or commentary provided by users or other third parties. We are not be responsible for the content provided by users or third parties, and we are under no obligation to monitor or remove any third-party content or user comments.
5.2 If this Website contains chat rooms, bulletin boards, comments or any other communication forums (Forums) you agree to only use the Forums to send and receive material and messages that properly relate to the particular Forum. You agree that when accessing a Forum you will not:
(a) abuse, threaten, harass, stalk, defame or otherwise violate the legal rights of other users of the Forums;
(b) publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, or unlawful material or information;
(c) upload files that contain information or software protected by intellectual property laws unless owned or controlled by you or used by consent of the owner;
(d) upload files that contain viruses, corrupted files, or any other software or programmes that may cause damage to the computers of other users of the Forums; and
(e) advertise, or offer to sell any goods or services or conduct or forward surveys, contests or chain letters.
5.3 You acknowledge and agree that Forums are public communications and that communications by other users are not endorsed by us and have not been reviewed, screened or approved by us.
5.4 We, at our sole discretion and without notice, reserves the right to remove any content from the Forums and to deny any user access to this Website or any portion of it.
5.5 You agree to indemnify, hold harmless and defend us and our affiliates, officers, and employees from any loss, liability, claim, demand, damage, or expenses (including reasonable legal fees) asserted by any third party due to or arising from or in connection with your conduct on this Website, or from any content or messages posted or transmitted by you on or through this Website. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which will not excuse your indemnity obligations.
5.6 If you provide or contribute any content or other materials to us and/or to this Website (User Content), you agree that we, and anyone authorised by us, can use that User Content in any manner free of any obligation to you. This includes granting us the right to copy, distribute, modify, licence and exploit any User Content in perpetuity by any means and media now known or developed in the future, without payment or other consideration to you or any other person, including use in advertising and promotion. By posting or uploading any User Content to this Website or providing any User Content to us, you automatically and irrevocably:
(a) grant and assign to us any and all rights in the User Content throughout the world including without limitation all copyright, and waive all moral rights in the User Content that may be available to you in any part of the world. If any of these rights cannot be assigned to us, you grant us a perpetual royalty-free worldwide licence to any and all rights in the User Content, including without limitation, all copyright, with the right to sublicence;
(b) appoint us as your agent with power to enter into any document and/or do any act (and you agree to execute any documents) we may consider appropriate to confirm and enforce the rights granted under these Terms; and
(c) warrant that: (1) you are the owner of the User Content and entitled to enter into these Terms, (2) you have obtained all necessary permissions and licences for any third-party materials necessary for us to exploit the rights granted to us in the User Content; and (3) no User Content will be subject to any obligation, of confidence or otherwise, to you or any other person.
6 INTELLECTUAL PROPERTY
We (and our licensors or third-party content suppliers) own all proprietary and intellectual property rights in the Website (including all information, data, text, copyright works, trade marks, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.
7 DISCLAIMERS
7.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
(a) the Website being unavailable (in whole or in part) or performing slowly;
(b) any error in, or omission from, any information made available through the Website;
(c) any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
(d) any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
7.2 We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.
8 LIABILITY
8.1 To the maximum extent permitted by law:
(a) you access and use the Website at your own risk;
(b) all warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limitation, suitability, fitness for purpose, accuracy or completeness of this Website or the content on or access through it;
(c) we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website, including for any damage, loss or expenses, or indirect losses or consequential damages of any kind. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
8.2 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to the purchase price actually paid by you in relation to the relevant order purchased by you using the Website.
8.3 To the maximum extent permitted by law and only to the extent clauses 7.1, 7.2, 8.1 and 8.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed NZD2,000.
9 PRIVACY POLICY
9.1 You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website available to you. For example, we may need to have your contact information in order to provide you with updates from our Website.
9.2 By using or accessing the Website and/or any of our services (whether by your mobile phone, table, smartphone, PC or any other means), or by providing your personal information to us, you are deemed to have agreed to be bound by the Privacy Policy set out below.
9.3 If you follow a link on our Website to another site, the owner of that site will have its own privacy policy relating to your personal information. We suggest you review that site’s privacy policy before you provide personal information.
10 SUSPENSION AND TERMINATION
10.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).
10.2 On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.
11 GENERAL
11.1 If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
11.2 These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.
11.3 For us to waive a right under these Terms, the waiver must be in writing.
11.4 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.6, 5.5, 6, 7, 8, 11.1, 11.4, 14, 15 continue in force.
11.5 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
11.6 These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.
TECHIUM LIMITED
PRIVACY POLICY
12 INTRODUCTION
12.1 We comply with the Privacy Act when dealing with personal information. This policy sets out how we will collect, use, disclose and protect your personal information.
12.2 This policy does not limit or exclude any of your rights under the Privacy Act. If you wish to seek further information on the Act, see www.privacy.org.nz.
13 WHO DO WE COLLECT YOUR PERSONAL INFORMATION FROM
13.1 We collect personal information about you from:
(a) you, when you provide that personal information to us, including via the Website and any related service, through any registration or subscription process, through any contact with us (eg telephone call or email), or when you buy or use our services and products; and
(b) third parties where you have authorised this or the information is publicly available.
13.2 If possible, we will collect personal information from you directly.
14 HOW WE USE YOUR PERSONAL INFORMATION
14.1 We may collect personal information about you (including first and last name, mailing address, telephone number, e-mail address, credit card number, IP address), directly from you, when you use the Website, over the phone, by letter or email.
14.2 We will use your personal information:
(a) communicating with you;
(b) to verify your identity;
(c) to provide services and products to you;
(d) to market our services and products to you, including contacting you electronically (eg by text or email for this purpose);
(e) to improve the services and products that we provide to you;
(f) to undertake credit checks of you (if necessary);
(g) to bill you and to collect money that you owe us, including authorising and processing credit card transactions;
(h) to respond to communications from you, including a complaint;
(i) for our administrative purposes and for internal record keeping;
(j) to conduct research and statistical analysis (on an anonymised basis);
(k) to protect and/or enforce our legal rights and interests, including defending any claim; and
(l) for any other purpose authorised by you or the Privacy Act.
14.3 We will keep your personal information for only as long as is necessary to achieve the purpose for which we collected it.
15 DISCLOSING YOUR PERSONAL INFORMATION
15.1 We may disclose your personal information to:
(a) another company within our group (if applicable);
(b) any business that supports our services and products, including any person that hosts or maintains any underlying IT system or data centre that we use to provide the Website or other services and products;
(c) our professional advisers;
(d) a credit reference agency for the purpose of credit checking you;
(e) other third parties (for anonymised statistical information);
(f) a person who can require us to supply your personal information (eg a regulatory authority);
(g) any other person authorised by the Privacy Act or another law (eg a law enforcement agency);
(h) any third party in relation to the proposed purchase or acquisition of our business or assets; and
(i) any other person authorised by you.
15.2 A business that supports our services and products may be located outside New Zealand. This may mean your personal information is held and processed outside New Zealand.
15.3 Any personal information you provide to us may be stored on the secure servers of our trusted service providers, which may be located outside New Zealand. This may involve the transfer of your personal information to countries which have less legal protection for personal information than New Zealand.
16 PROTECTING YOUR PERSONAL INFORMATION
We will take reasonable steps to keep your personal information safe from loss, unauthorised activity, or other misuse.
17 ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION
17.1 Subject to certain grounds for refusal set out in the Privacy Act, you have the right to access your readily retrievable personal information that we hold and to request a correction to your personal information. Before you exercise this right, we will need evidence to confirm that you are the individual to whom the personal information relates.
17.2 In respect of a request for correction, if we think the correction is reasonable and we are reasonably able to change the personal information, we will make the correction. If we do not make the correction, we will take reasonable steps to note on the personal information that you requested the correction.
17.3 If you want to exercise either of the above rights, email us at [email protected]. Your email should provide evidence of who you are and set out the details of your request (eg the personal information, or the correction, that you are requesting).
17.4 We may charge you our reasonable costs of providing to you copies of your personal information or correcting that information.
18 INTERNET USE
18.1 If you post your personal information on the Website’s message board, comments, or anything equivalent, you acknowledge and agree that the information you post is publicly available.
18.2 We may also collect technical information whenever you log on to, or visit the public version of, our Website. This may include information about the way users arrive at, browse through and interact with our Website. We may collect this type of technical information through the use of cookies and other means. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive to enable our systems to recognise your browser. If you want to disable cookies, you may do so by changing the settings on your browser. However, if you do so, you may not be able to use all of the functions on the Website. We use the technical information we collect to have a better understanding of the way people use our Website, to improve the way it works and to personalise it to be more relevant and useful to your particular needs. We may also use this information to assist in making any advertising we display on the Website more personalised and applicable to your interests.
18.3 While we take reasonable steps to maintain secure internet connections, if you provide us with personal information over the internet, the provision of that information is at your own risk. Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. You should never share your secure information, password or identifier with any other person.
19 CONTACT US
If you have any questions or comments about the Privacy Policy, please contact Techium Limited at 218 Richardson Road, Mt Roskill, Auckland or by emailing [email protected].
These Terms are effective from 2 October 2021.