Terms and Conditions of Use
This website (the "Website") is operated by Humes Pipeline Systems, a division of Fletcher Concrete and Infrastructure Limited ("HUMES"). These terms and conditions of use apply to all users of the Website. By viewing and using the Website you will be deemed to agree to these terms and conditions of use without qualification. If you do not agree to be bound by these terms then you must stop accessing and using the Website. If you wish to purchase any of our, or our supplier's, products or use any of our services referred to on the Website, you will be required to agree to the terms and conditions of sale for those particular products or services ("Terms of Sale"). The Terms of Sale will apply to your purchase of such products or services and, in the event of any inconsistency between the Terms of Sale and these terms and conditions of use, the Terms of Sale will prevail.
1. Intellectual Property: All intellectual property on the Website (including without limitation the design of and all content appearing on the Website and copyright works) is owned by HUMES or its suppliers. You must not distribute, resell, publish, copy, reproduce, incorporate in any other work or publication, transmit or store (including in hard copy or any other website or other electronic form) any part of the Website except:
(a) that you may print, or download to your hard drive, extracts from the Website for your own use (or for use in any document, proposal or presentation for the purpose of specifying products manufactured or supplied by HUMES); or
(b) with the express prior written permission of HUMES.
2. Our Rights: HUMES reserves the right to alter, suspend or terminate the Website or your access to the Website temporarily or permanently at any time and without prior notice.
3. Registered Users: If you wish to access pages on the Website that are available only to registered users, including without limitation Tradecounter™ ("Registered Access Pages"), you will need to complete the applicable registration form. You must ensure that the information you provide about yourself as part of the registration process is correct, complete, accurate and up-to-date. You agree to notify us of any changes to this information from time to time. If we accept your registration, we will assign you a unique username and password to access the applicable Registered Access Pages. We reserve the right to decline or cancel your registration for any or no reason, at our absolute discretion. You agree that you will be responsible for all use of the Website through your username and password. You are responsible for keeping your password secure and secret. If you suspect that someone else knows your password and/or has accessed Registered Access Pages using your username, you must notify us immediately and change your password as soon as possible.
4. Hyperlinking: HUMES reserves the right to prohibit links to the 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.
5. Links and Third Party Material Provided: The contents of the Website may include links to third party websites ("Linked Sites") and information provided by third parties, including without limitation third party brochures ("Third Party Material"). HUMES will not be responsible for the contents of any Linked Site or Third Party Material. The Linked Sites and Third Party Material are provided to you only as a convenience, and the inclusion of any Linked Site or Third Party Material does not imply our endorsement of the Linked Site or Third Party Material or any association with its operators or the supplier.
6. Disclaimer: The information provided on the Website is for general guidance only and has not been prepared by taking into account the particular objectives, situation or needs of any individual users. In particular, successful installation of HUMES products may depend on numerous factors outside the control of HUMES as manufacturer and supplier of these products. Such factors include, for example, the particular design requirements of the project, site preparation, quality of construction etc.
While HUMES has tried to ensure the content on the Website is current, accurate and complete and has taken reasonable care in preparing the information and advice contained in the Website to assist designers, specifiers and contractors who use products manufactured and/or supplied by HUMES, HUMES does not guarantee that such content will be current, accurate or complete when you access it or that such information and advice is accurate or reliable.
Accordingly, any use of content, information and advice contained on the Website is at your own risk.
HUMES will take action, within a reasonable time, to correct any error or inaccuracy relating to the content on the Website which is brought to its attention.
7. All Liability Excluded: To the extent permitted by law:
(a) all warranties, representations and guarantees (whether express, implied or statutory) relating to the Website are excluded, including without limitation, any warranties, representations and guarantees relating to suitability, fitness for purpose, accuracy or completeness of the Website or the content on or accessed through it (including, without limitation, any Linked Sites and Third Party Material); and
(b) neither HUMES or of its Related Companies will be liable for any damage, loss or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with your access to or use of the Website or the content on or accessed through it (including, without limitation, any Linked Sites and Third Party Material).
Clause 7(b) is intended to be for the benefit of, and enforceable by, each Related Company of HUMES for the purposes of the Contracts (Privity) Act 1982.
Nothing in these terms and conditions of use is intended to limit or replace any rights you have under the New Zealand Consumer Guarantees Act 1993 ("CGA") (to the extent the CGA applies), provided that if you are, or are holding yourself out as, using the Website or its content for business purposes, the provisions of the CGA will not apply.
8. Indemnity: You agree to indemnify HUMES, its Related Companies, relevant suppliers, licensors and agents (each an "Indemnified Party") in respect of any loss, damage, cost or expense (including legal costs on a solicitor and own client basis) suffered or incurred by the Indemnified Party as a result of any:
(a) breach by you of any of your obligations under these terms and conditions of use;
(b) any of your negligent acts or omissions; or
(c) claim, suit or action brought against the Indemnified Party by a third party that the Indemnified Party's use of any material provided by you in connection with the Website infringes that third party's intellectual property rights.
This clause is intended to be for the benefit of, and enforceable by, each such Related Company, supplier, licensor and agent of HUMES for the purposes of the Contracts (Privity) Act 1982.
9. Privacy Policy: The Privacy Policy governs the collection, use and disclosure of your personal information by us. The Privacy Policy forms a part of these terms of use.
10. Cookies: HUMES may use "cookies" to provide you with access to tailored information and services on the Website, and to serve you better when you return to it. A cookie is a small data file that the Website sends to your browser, which may then store it on your system for later retrieval by the Website. Cookies track your movements through different websites; they do not record any other personal information about you. Cookies are widely used on websites to help with navigation and to help personalise your experience when you visit a website.
HUMES may use non-personalised statistics about the use of the Website to continually improve it and improve customer service. These statistics do not comprise personal information.
11. Changes to Terms of Use: HUMES reserves the right to change these terms and conditions of use at any time by notifying users of the existence of revised terms and conditions through the Website. By continuing to access the Website, you agree to be bound by the amended terms and conditions.
12. Law: These terms and conditions are governed by and will be construed in accordance with the laws of New Zealand and you submit to the jurisdiction of the courts of New Zealand.
13. Contact: If you have any questions or concerns in relation to the Website or these terms and conditions please contact HUMES.
14. Interpretation: In these terms and conditions of use, unless the context otherwise requires:
(a) "you" means:
(i) the individual who accesses and/or uses the Website; and
(ii) where an individual accesses and/or uses the Website for or on behalf of an organisation, the organisation on whose behalf such access or use is made,
in each case, jointly and severally (and references to "your" and "yourself" have corresponding meanings);
(b) references to "we", "our" and "us" are references to HUMES; and
(c) "Related Company" has the meaning given to that term in section 2(3) of the Companies Act 1993 provided that a reference to "company" in that section will refer to any company or body corporate, notwithstanding the jurisdiction of incorporation or establishment of the relevant company or body corporate.