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Terms of service

Terms And Conditions

LEGAL STATEMENT – Tool Express NZ Limited makes all information, advice, services, software and other material available on this website (https://toolexpressnz.co.nz/) for your personal, non-commercial use and access subject to the following conditions.

TERMS AND CONDITIONS

By accessing or using this Site you agree to be bound by these conditions, our Privacy Policy, Linking Policy and Direct Debit Request – Customer Information as published on this Site (collectively known as the Legal Notices). All Prices on this website are in “NZD”  If you do not agree to all of these conditions and the provisions of the Legal Notices then you are not authorized to use this Site or the direct debit facility as the case may be.  

NATURE OF INFORMATION ON THIS SITE

We make all reasonable endeavours to ensure all information provided on this Site is accurate, up to date and complete. However, the information and materials on this Site may contain errors or inaccuracies, including both typographical and substantive errors. You must make your own assessment of any information or materials provided on this Site and rely on it wholly at your own risk. We reserve the right, in our sole discretion, without any obligation and without any notice to you, to discontinue, change, improve or correct information, materials and descriptions on this Site and to suspend or deny access to this Site for scheduled or unscheduled maintenance, upgrades, improvements or corrections. Any dated information is published as of its date only, and we have no responsibility to update or amend any such information. 

SITE LINKS

Some links on this Site will let you leave this Site. These external sites are not under the control of Tool Express NZ. Tool Express NZ is not responsible for nor does it necessarily endorse or condone the content of linked sites. Our Linking Policy can be found on this Site and should be read in conjunction with these conditions.  

LIABILITY

Except to the extent permitted by law, Tool Express NZ is not liable for any loss or damage of any kind suffered by you whatsoever (however caused including by negligence) including but not limited to, loss of use, data, or profits arising out of or in connection with your access or use of this Site or your use of or reliance on any of the information or software accessible through this Site or a linked website.

To the extent permitted by law, Tool Express NZ makes no warranties or representations (either express or implied) about this Site or any of the content (including its reliability, accuracy and completeness).

Where any law implies a warranty into these conditions which cannot be lawfully excluded, then to the maximum extent permitted by law, Tool Express NZ liability for breach of warranty in relation to the use of this Site or the content will, at Tool Express NZ option, be limited to: in the case of information or services supplied or offered by us – the re-supply of the information or services or payment of the cost of doing this; or in the case of goods supplied or offered by us – repair or replacement of the goods, supply of equivalent goods, or payment of the cost of doing this.

Without limitation of the above, Tool Express NZ is never liable for any loss of profits or indirect, incidental, special or consequential loss arising out of your access or use of this Site, including loss of revenue, loss of business opportunity or loss of data.

ACCOUNT

To use some of the functionality on this Site you may have to register as a site user and log on to this Site or a part of this Site. To register, you may have to provide us with personal information to help us verify your identity and to help us administer this Site. We will treat your personal information in accordance with the Privacy Policy

You agree to provide accurate, current and complete information as part of your account registration.

You may also need, or be issued with, a username and password. You must promptly inform us of the loss or misuse of your username or password.

You are solely responsible for any and all consequences by reason of the misuse of your username and password.

PERSONAL USE

As a condition of your use of this Site and access to our services provided through this Site, you must not use this Site or the services for any purpose that is unlawful or prohibited by these conditions and/or the Legal Notices.

You must not use this Site or the services in any manner that could reasonably be expected to damage, disable, overburden, or impair any Tool Express NZ server, or interfere with any other party’s use and enjoyment of this Site and services. You must not attempt to gain unauthorised access to any services, other accounts, computer systems, or networks connected to any Tool Express NZ server or to any of the services through hacking, password mining or any other means not intentionally made available to you.

INDEMNITY

You agree to defend, indemnify, and hold Tool Express NZ and its affiliates harmless from and against any and all claims, losses, liabilities, damages and expenses (including legal fees) arising out of your use of this Site.

WAIVER

Our failure to exercise or enforce any one or more of our rights under these conditions and/or under the Legal Notices will not constitute a waiver of such rights unless such waiver is granted to you by Tool Express NZ in writing. 

TERRITORIAL COVERAGE

This Site provides listing’s of a wide range of Tool Express NZ products and therefore may contain references or cross references to particular products and services that are not readily available in any particular country. Any such reference does not imply that Tool Express NZ in any particular country intends to market such products or services. All actions resulting from a search of this data must be related to solutions using only products and services announced by Tool Express NZ in any particular country. In particular Tool Express NZ makes no claim for the accuracy of product information on this Site with regard to any country outside New Zealand.

GOVERNING LAW AND JURISDICTION

These conditions are governed by the laws in force in New Zealand.

You hereby irrevocably submit to the non-exclusive jurisdiction of the Courts located in New Zealand and any Courts which may hear appeals from those Courts in respect of any proceedings in connection with these conditions and the Legal Notices or in relation to your access and use of this Site or its contents.

COPYRIGHT, TRADEMARKS AND REGISTERED TRADEMARKS AND SERVICE MARKS

All material on this Site is protected by copyright under the laws of New Zealand and, through international treaties, in other countries. Unless otherwise indicated, we reserve all copyright in the content and design of this Site. We own all such copyright or use it under licence or applicable law. You may make a temporary copy of part or all of this Site on your local computer for the sole purpose of viewing it, and print a single hard copy of a whole page of this website for personal use, provided that any copyright notice on such page is not removed and the material is appropriately attributed to Tool Express NZ. You may not, in any form, or by any means: otherwise reproduce, adapt, store in a retrieval system, transmit, print, display, perform, publish or create derivative works from any part of the content or design of this Site, cause any of the material to be framed or embedded in another website, or commercialise any information, products or services on this Site, except with our prior consent written or as permitted by applicable copyright legislation.

EXPORT SERVICES

Tool Express NZ does not represent that it holds the authorisations and approvals required to provide advice and services in all jurisdictions where the material on this Site may be viewed or received (including in particular software that may have restrictions on the importation or exportation from certain jurisdictions). You must ensure that your access to and use of this Site is not illegal or prohibited by laws which apply to you or in your location.

LINKING

Tool Express NZ may provide links to external sites that cause you to leave this site. Any link used on this site is provided for the use and convenience of the visitor. The appearance of a link does not constitute an endorsement, recommendation or certification by Tool Express NZ of the external link. Likewise, the presence of a link should not in any way be construed as a suggestion that the external link has any relationship with Tool Express NZ. Tool Express NZ is not responsible for the content or practices of the sites accessed via the external links.

Linking To This Site
If you would like to link to this site, please read and comply with the following:

  • Link to, but do not replicate, this site’s Materials.
  • Do not create a browser or border environment around this site’s Materials (commonly known as framing).
  • Do not state or imply that Tool Express NZ is endorsing you or your products or misrepresent the extent of your relationship with Tool Express NZ.
  • Do not use the Tool Express NZ logo in any hyperlink, or otherwise, without written permission from an authorised officer of Tool Express NZ.
  • Do not include any link to this site’s materials, on a site containing any material that is not genuine or any material that is false, defamatory, malicious or offensive or otherwise contrary to general community standards.
  • Do not use any link to this site’s materials, for any purpose that is not bona fide or for any purpose or in any manner that is misleading or deceptive or likely to mislead or deceive.
  • Without limiting the above, Tool Express NZ reserves the right to withdraw any consent for a particular link at any time. You must remove any link immediately when asked. 
CHANGES

Tool Express NZ  reserves the right to change these conditions and the Legal Notices at any time by notifying you by posting the changes on this Site and you are advised to review this Site regularly for any changes. Revised terms will be effective immediately unless otherwise stated. By continuing to use this Site after any amendment is posted on this Site you agree to be bound by the conditions and Legal Notices as amended.

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