The website at www.aucklandglass.co.nz and any other website made available by Auckland Glass Holdings Limited, trading as Auckland Glass (individually and collectively, “Auckland Glass”, “we”, “us” or “our”) (the “Sites”) are controlled and maintained by Auckland Glass. By using our Sites, users (“User”, “you” or “your”) agree to be bound by each of the terms and conditions set out below and any amendments to them (“Terms and Conditions”).
Please review these Terms and Conditions from time to time, as they may be amended without notice. The date of our Terms and Conditions is set out at the top of this document. Any changes to these Terms and Conditions will be effective immediately upon the posting of the revised Terms and Conditions on our Sites. Your ongoing use of our Sites constitutes your agreement to the amended Terms and Conditions.
Please note that your use of certain features of our Sites may be subject to additional terms and conditions. By using those features, you also agree to be bound by such additional terms and conditions. If you do not agree to be bound by these Terms and Conditions, you must stop accessing and using the Sites.
Where you have provided Auckland Glass with your email address or other contact details, whether through an enquiry form, a quote request or otherwise, you agree that those details may be used by Auckland Glass to respond to your enquiry and to provide you with news or other information relevant to Auckland Glass’s business, including offers. Auckland Glass may use the information that you provide to improve its products, services, service offerings and technologies. You will have a right to unsubscribe from receiving marketing information from Auckland Glass at any time.
Auckland Glass may terminate, change, suspend or discontinue any aspect of the Sites, including the availability of any feature of any Site, at any time. Auckland Glass may also impose limits on certain features and services relating to the Sites, or restrict your access to parts of or the entire Site, in each case without notice or liability. Auckland Glass may at any time terminate the authorisation, rights and licence given in these Terms and Conditions.
Proprietary rights
All materials on our Sites, including without limitation names, logos, trade marks, images, text, graphics, photographs, illustrations, artwork, audio clips, video clips, software and other elements making up the Sites (collectively, “Content”), are protected by copyright and other intellectual property rights owned and controlled by us, our related companies, or other parties that have licensed or otherwise provided their material to us. Except as specifically provided in these Terms and Conditions or elsewhere on the Sites, you are not entitled to copy, reproduce, republish, decompile, reverse engineer, disassemble, attempt to derive the source code of, transmit, modify or create derivative works of the Content or any part of it without the prior express written permission of Auckland Glass. You may not add to, delete, distort or otherwise modify the Content. Any unauthorised attempt to modify any Content, to defeat or circumvent our security features, or to use our Sites for any purpose other than their intended purpose, is strictly prohibited.
Auckland Glass grants the User a non-exclusive, non-assignable, non-transferable and revocable licence (“Licence”) to use and display, for personal and non-commercial use only, one copy of any material provided on our Sites specifically for the purpose of downloading by the User, such as a brochure, specification sheet or care and maintenance guide (“Downloaded Material”). The Licence is personal to you and you may not rent, lease, lend, sell, redistribute or sublicense the right to access the Downloaded Material. The User agrees to maintain any and all copyright and other notices contained in such Downloaded Material, and not to alter or modify the Downloaded Material in any way. This Licence may be revoked by Auckland Glass at any time. Upon revocation, the User agrees to delete and destroy any Downloaded Material obtained from the Sites.
Linked sites
Our Sites may contain links to other websites that are not controlled or maintained by Auckland Glass, including the websites of suppliers, manufacturers, industry bodies and review platforms. You agree that we will not be responsible for the content, advertising, privacy policies, products, services or other materials on or available from such linked websites. Use of linked websites is at your own risk. We encourage you to note when you leave any of our Sites and to read the terms of use of such other websites.
Rules of conduct
By using our Sites, the User accepts the following rules of conduct.
The User will not post to or transmit through our Sites any material that would violate or infringe in any way upon the rights of others, including but not limited to any threatening, harmful, defamatory, obscene or pornographic material; material that is fraudulent or contains false, deceptive or misleading statements, claims or representations; or any material that violates the laws or regulations of New Zealand, or would give rise to civil or criminal liability in New Zealand. The User shall not use our Sites to post, upload or otherwise make available any material protected by a proprietary right, including but not limited to copyright and trade mark or other third party right, without the express written permission of the owner of that right.
Further, the User shall not use our Sites (a) in violation of any applicable law, regulation or judicial order; (b) in a manner that violates these Terms and Conditions, the terms of any applicable agreement with Auckland Glass, or any other Auckland Glass policy applicable through these Terms and Conditions; or (c) in a manner that interferes with or adversely affects the operation of any Site or any hardware, software, networks, systems, technology and facilities upon and within which it operates (“Infrastructure”). Users shall cooperate with Auckland Glass in investigating and correcting any apparent or actual breach of these Terms and Conditions.
Users shall be solely responsible for any material (“Material”) that they maintain, transmit, download, view, post, distribute or otherwise access or make available using any Site or any Infrastructure. In the event that Auckland Glass becomes aware of any such User’s Material, or of any activity engaged in by the User that may violate these Terms and Conditions or expose Auckland Glass to civil or criminal liability, Auckland Glass reserves the right to investigate such Material, block access to such Material and suspend or terminate any features of or Content on the relevant Site without any liability to the User. Auckland Glass further reserves the right to cooperate with legal authorities and third parties in investigating any alleged violations of these Terms and Conditions, including disclosing the identity of any User that Auckland Glass believes is or may be responsible for such violation. Auckland Glass also reserves the right to implement technical mechanisms to prevent violations of these Terms and Conditions. Nothing in these Terms and Conditions shall limit in any way Auckland Glass’s rights and remedies at law or in equity that may otherwise be available.
We reserve the right to prohibit links to the Sites and you agree to remove any link upon our request. You may not frame any part of the Sites’ content, or use any automated or manual process to scrape, extract or collect data from the Sites, without our prior written consent.
Enquiries and submissions
Any notes, postings, ideas, suggestions, concepts or other material submitted through our Sites, by email or by any other means that we may create or provide in the future will become the property of Auckland Glass throughout the world, and we shall be entitled, without compensation to you or any other party, to use such material either commercially or non-commercially, in perpetuity, in any form and manner and in any media, whether now known or later devised, and you will not have any claim against us in respect of such use. You agree that, in the event you make a submission to us: (i) it is original to you and accurate; (ii) it does not violate, and its use will not violate, the rights of any third party or any applicable law or regulation; and (iii) you will use commercially reasonable efforts to ensure that any such submission is free from viruses, worms, trojan horses or other items of a destructive nature. You further agree not to use our Sites, any Content, or any products or services included on or available through our Sites for any unlawful purpose.
This clause does not apply to the personal information you provide to us in an enquiry, quote request or booking, which is handled in accordance with our Privacy Policy and the Privacy Act 2020.
To the fullest extent permitted by law, Auckland Glass has no responsibility for any material or information created, stored, maintained, submitted, transmitted or made accessible on or through the Sites or the Infrastructure by Users, and is not obliged to monitor or exercise any editorial control over such material.
Quotations, pricing and product information
Information published on our Sites about glass types, products, services, indicative pricing, lead times and service areas is provided for general information only and is subject to change without notice. Any indicative price, estimate or timeframe shown on or generated through our Sites does not constitute an offer or a binding quotation. A binding quotation is provided only in writing by Auckland Glass following a site measure or a review of the specific details of your job, and is subject to our separate terms of trade. Colours, finishes and appearance shown in images on our Sites are indicative only and may differ from the finished product.
The content provided on our Sites is intended for informational purposes only and is not intended to substitute for professional advice, including advice on compliance with the New Zealand Building Code or any applicable standard.
Privacy
Information collected through our Sites may include your personal information. By visiting our Sites and providing us with any information, you agree to the terms of our Privacy Policy.
Infringement and regulatory complaints
Auckland Glass will, and shall be entitled to, cooperate with any law enforcement authority and to comply with any judicial order requesting or directing Auckland Glass to disclose the identity of anyone uploading, downloading or posting materials, or otherwise using our Sites or Infrastructure in violation of any applicable laws or regulations.
Disclaimer of warranties
Our Sites and all content and services included on or available through our Sites are provided “as is” and “as available” for your use. You expressly agree that your use of our Sites is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the fullest extent permitted by law, Auckland Glass and its related companies, partners, agents, licensors and advertisers expressly disclaim all warranties of any kind, whether express or implied, including without limitation the implied warranties of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of non-infringement of third party rights. Although we intend that the content of our Sites is accurate, complete and current, we make no warranty: (i) that use of our Sites or any content relating to them, including any software, will be uninterrupted, timely, accurate, secure or error free; (ii) that our Sites will be available at any particular time or location; (iii) that any errors on our Sites will be corrected; or (iv) that the servers on which our Sites and content are made available are free of viruses or other harmful components.
Limitation of liability
To the fullest extent permitted by law, under no circumstances shall Auckland Glass or its related companies, partners, agents, licensors and advertisers be liable for any personal injury, direct, indirect, incidental or consequential losses suffered by you or any other person, or for any special or exemplary damages (even if such party has been advised of the possibility of such damages), including without limitation any lost profits, revenue or business interruption, or loss of computer programs, data or information, arising from (i) your use of or inability to use our Sites, or (ii) content or services included on or available through our Sites or any affiliated sites. In no event shall Auckland Glass’s liability (including that of its related companies, partners, agents, licensors and advertisers and their respective officers, directors, shareholders, agents and representatives) to you for all damages, other than as may be required under applicable law in relation to personal injury, exceed NZ$100. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Nothing in these Terms and Conditions is intended to limit or exclude any right or remedy you may have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986 or any other New Zealand legislation, to the extent that such rights cannot lawfully be limited or excluded. Where you acquire goods or services from Auckland Glass for the purposes of a business, the Consumer Guarantees Act 1993 does not apply and the limitations set out above apply in full.
Exclusions and limitations
Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability. Therefore, the above disclaimer of warranties and limitation of liability may not apply to you.
Indemnification
You agree to defend, indemnify and hold Auckland Glass and its related companies, partners, agents, licensors and advertisers, and their respective officers, directors, shareholders, agents and representatives, harmless from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including without limitation reasonable legal costs) arising from your breach of your agreements under these Terms and Conditions.
Miscellaneous
These Terms and Conditions shall be governed by and construed in accordance with the laws of New Zealand. You agree to submit to the non-exclusive jurisdiction of the courts located within New Zealand. All of these Terms and Conditions shall be binding upon and enure to the benefit of the parties and their respective successors and assigns. If any provision of these Terms and Conditions is held to be invalid or unenforceable, that provision shall be modified or eliminated to the minimum extent necessary and the remaining provisions shall be enforced. These Terms and Conditions constitute the entire agreement between the parties and supersede any other agreement, promise or practice between the parties relating to their subject matter. Auckland Glass reserves the right to modify any or all of these Terms and Conditions at its sole discretion. Auckland Glass also reserves the right to terminate your access to and ability to use our Sites or any portion of them at any time, with or without notice. No waiver by either party of any right under these Terms and Conditions shall constitute a waiver of that or any other right. These Terms and Conditions will not be deemed to create a partnership, joint venture, agency or employment relationship of any kind between us and you.
Contact information
If you have questions or comments about these Terms and Conditions or our Privacy Policy, please contact us.
Auckland Glass Holdings Limited
4 Southdown Lane, Auckland 1061, New Zealand
Telephone: 0800 804 804
Email:
