KETER NEW ZEALAND

 

WEBSITE TERMS OF USE

 

This website is hosted and operated on behalf of Outstanding Solutions NZ Limited (trading as Keter New Zealand), its successors and assignees (“we”, “us”, “our”, “Keter”). It is available at www.keter.co.nz (“Website” or “Site”) and may be available through other addresses or channels.

Application

 

These website terms of use (“Website Terms”) and the privacy policy displayed on the Website from time to time (“Privacy Policy”) govern your use of our Website and form a contract between you and us if you access and/or use the Site. Please read these Website Terms carefully. Please contact us if you have any questions at hello@keter.co.nz.

 

By accessing and using this Website, you confirm that you have read and accept the Website Terms. Each time you use the Website, you reaffirm your acceptance of the then-current Website Terms. If you do not agree with the Website Terms, your only remedy is to discontinue using the Website.

 

Information

 

The information, including statements, opinions,  documents, photographs and videos contained in this Website (“Information”) is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. Any reliance you place on the Information is at your own risk. Before acting on any Information, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek appropriate advice, where necessary.

 

Accounts

 

You may create an account and specify a password to use certain features on the Website. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the registration processes. You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password, or other account information.

You are entirely responsible for maintaining the confidentiality of your password and your account. And you are entirely responsible for all activity made by you or anyone that uses your account. You agree to safeguard your password from access by others. If you believe that your account has been compromised, you must immediately contact us by email at hello@keter.co.nz.

 

License to use the Website

 

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable right and licence to use the Website in accordance with the Website Terms. All other uses are prohibited without our prior written consent.

 

Prohibited conduct

 

You must not:

 

·                use the Website for any activities, or to post or transmit any material from the Site:

o      unless you hold all necessary rights, licences and consents to do so;

o      that infringes the intellectual property or other rights of any person;

o      that would cause you or us to breach any law, regulation, rule, code or other legal obligation;

o      that defames, harasses, threatens, menaces, offends or restricts any person;

o      that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; or

o      that would bring us, or the Site, into disrepute;

·                interfere with or inhibit any user from using the Site;

·                use the Website to send unsolicited email messages;

·                attempt to or tamper with, hinder or modify the Site, knowingly transmit viruses or other disabling features, or damage or interfere with the Site, including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Site; or

·                facilitate or assist another person to do any of the above acts.

 

Copyright and intellectual property rights

Our Website contains material which is owned by or licensed to us and is protected by New Zealand and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance and look of our Site. We (or our licensors) own the copyright which subsists in all creative and literary works displayed on the Site.

 

You agree that, as between you and us, we (or our licensors) own all intellectual property rights in the Site, and that nothing in these Website Terms constitutes a transfer of any intellectual property ownership rights.

 

Your use of the Website does not grant you a licence, or act as a right of use, of any of the intellectual property, whether registered or unregistered, displayed on the Website without the express written permission of the owner.

 

You must not breach any copyright or intellectual property rights connected with this Site. This includes but is not limited to:

 

·                altering or modifying any of the code or the material on the Site;

·                causing any of the material on the Website to be framed or embedded in another website;

·                creating derivative works from the content of the Site; or

·                using our Website for commercial purposes.

 

Republishing

 

You must not republish, copy, distribute, transmit, or publicly display (in hard copy, soft copy or online) material on the Site, without our prior written approval.

 

Privacy

 

We are committed to protecting your privacy. Please read our Privacy Policy, available on our Site. By agreeing to the Website Terms, you also agree to accept our Privacy Policy.

 

Digital marketing campaigns

 

We may deliver promotional content, marketing materials, updates and offers through digital communication channels, including but not limited to emails, and SMS text messages (“Marketing Campaigns”). You can choose to ‘opt in’ to our Marketing Campaigns and change your email and SMS preferences anytime.

 

By opting in to receive communications from Keter, you agree to receive marketing text messages and/or marketing emails from us at the phone number or email address provided. Consent is not a condition to transact with us. Message frequency varies.

 

If you opted to receive Marketing Campaign communications from us via email, click “Unsubscribe”, at the bottom of the email to opt out.

 

If you would like to change your preferences at any time, click “Update preferences” in the footer of our email or email hello@keter.co.nz.

 

We are committed to full compliance with the Unsolicited Electronic Messages Act 2007.

 

Third party information, links and websites

 

The Website may contain third party information, including but not limited to user comments, guest articles and advertisements (“Third Party Information”). We do not control, recommend, endorse, sponsor or approve Third Party Information, including any information, products or services mentioned in Third Party Information. We accept no responsibility for any Third Party Information. You should make your own investigations with respect to the suitability of Third Party Information for you and ensure there are no legal or copyright issues in respect of such Third Party Information.

 

This Website may contain links to websites owned by third parties (“Third Party Sites”). We do not control, recommend, endorse, sponsor or approve Third Party Sites, including any information, products or services mentioned on Third Party Sites. Your use of Third Party Sites is entirely at your own risk. We do not accept any liability with regard to access to Third Party Sites, their content or use. 

 

We reserve the right to amend or delete any and all Third Party Information and/or Third Party Sites, and to block any user, if we believe that there is a violation of these Website Terms, or for any other reason, in our sole discretion.

 

Delays and outages

 

We are not responsible for any delays or interruptions to the Site. We will use commercially reasonable efforts to minimise delays and interruptions but we make no warranty or representation, expressed or implied, that the Website will be available at all times or at any given time.

 

We reserve the right to suspend, terminate or otherwise alter access to some or all of the Website at any time and without notice.

 

We are not responsible for any loss, cost, damage or liability that may result from our discontinuance of the Site.

 

Limitation of liability

 

To the extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or any third party, or claims made against you or any third party arising out of or in connection with the use or access of, or any inability to use or access, the Website or the information, content or materials included on this Website or on any website we link to.

 

To the extent permitted by law, we exclude all representations, guarantees, warranties or Website Terms (whether express or implied) other than those expressly set out in these Website Terms.

 

If you use the Website for business or commercial purposes, then you agree that the Consumer Guarantees Act 1993 shall not apply to your use of, or reliance on, the Website.

 

Disclaimer

 

We do not warrant that the functions contained in any material on the Website or your access to the Website will be error free, that any defects will be corrected, that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components, or that the Website will operate on a continuous basis or be available at any time. While we endeavour to keep the Website and information up to date and correct, we make no representations, warranties or guarantee, express or implied, about:

 

·                the completeness, accuracy, reliability, suitability or availability of any Information, images, products, services, or related graphics contained on the Website for any purpose;

·                Third Party Information; or

·                Third Party Sites.

 

You read, use, and act on information contained on the Site, Third Party Information and/or Third Party Sites strictly at your own risk.

 

Breach

 

You may only use the Website for lawful purposes and in a manner consistent with the nature and purpose of the Site. By using this Site, you agree that the exclusions and limitations of liability set out in these Website Terms are reasonable. If you do not think they are reasonable you must not use this Site.

 

We reserve the right to remove any and all content found to be in breach of copyright, or which in our opinion is deemed inappropriate and/or illegal. If you breach the Website Terms, we reserve the right to block you from the Website and to enforce our rights against you. If we do not act in relation to a breach of the Website Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Website Terms by you. All rights not expressly granted in the Website Terms are reserved.

 

Cookies

We use cookies and other data collection technology to recognize you and/or your device(s) when you use the Website and collect personal information about you.

What are cookies?

Cookies are small text files that are sent to or accessed from your web browser or your computer's hard drive. A cookie typically contains the name of the domain (internet location) from which the cookie originated, the “lifetime” of the cookie (i.e., when it expires) and a randomly generated unique number or similar identifier. A cookie also may contain information about your computer or device, such as settings, browsing history and activities conducted while using the Website.

Keter also uses “pixels” (sometimes called web beacons). Pixels are transparent images that can collect information about email opens and website usage across websites and over time.

Termination

 

The Website Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Website Terms and limitations of liability set out in the Website Terms will survive.

 

Amendment

 

We may from time to time amend, update, or change our Site, these Website Terms and the Information without prior notice.  Each time you use our Site, you will be deemed to have accepted and agreed to the most recent version of these Website Terms then displayed.

 

Jurisdiction

 

Your use of this Website and any dispute arising out of your use of it is subject to the laws of New Zealand. These Website Terms are governed by the laws of New Zealand and subject to the exclusive jurisdiction of the courts operating in New Zealand. The Website may be accessed throughout New Zealand and overseas. We make no representation that the Website complies with the laws (including intellectual property laws) of any country outside New Zealand. If you access the Website from outside New Zealand, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.

 

General

 

If a provision of these Website Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.