Effective Date: September 2015
In the Terms and Conditions set out below:
AUTEX and we, our or us mean AUTEX INDUSTRIES LIMITED and includes also other entities from time to time in the AUTEX Group;
AUTEX Group means all subsidiaries of AUTEX INTERNATIONAL LIMITED and includes AUTEX INDUSTRIES LIMITED, AUTEX PTY LIMITED, AUTEX ACOUSTICS LIMITED, AUTEX ACOUSTICS NA LIMITED, AUTEX PROPERTIES LIMITED and any other subsidiary;
Terms and Conditions means the Terms and Conditions set out below;
Site means our website www.autexacoustics.com and is owned by AUTEX INDUSTRIES LIMITED;
User, you and your mean any user of or visitor to this Site, as applicable.
TERMS AND CONDITIONS
Use of Site and Changes
1. Access to and use by you of the Site are in accordance with these Terms and Conditions, as they apply from time to time, which by viewing or using it you are deemed to have accepted. If you do not accept these Terms and Conditions then you must refrain from viewing or using the Site.
2. You agree to take responsibility to use the internet and the Site with courtesy and responsibility and be familiar with and practise good etiquette. The Site does not generally allow for user generated content, however if on any occasion you do contribute content or communicate with us you must do so in a courteous manner and may not use profanity or defame us or any other person. Your comments must not be objectionable in any way, and you must not use the confidential or proprietary information of others.
3. If you do misuse the Site or breach these terms and conditions in any way and that costs us money or otherwise causes us loss then you will indemnify us for the costs or loss.
4. These Terms and Conditions may change or be updated from time to time. Whenever we change or update them the new or changed terms and conditions will be published on the Site.
Contents and Accuracy of Information on the Site
5. The Site is intended to facilitate a general introduction to AUTEX. Its primary function is to convey information. Specific technical data on products and their suitability can be obtained from our technical data sheets and/or by contacting us directly. You cannot solely rely upon information from the Site as a basis for entering into contractual relations with us.
6. Accordingly, whilst all reasonable efforts will be taken to ensure that the information on the Site is accurate, no liability shall attach to us in the event of a mistake or error. You acknowledge that you arrive at your own decision regarding products, services and information contained on the Site and do not rely on any statement or representation made by us. We do not accept any responsibility or liability for any action you take in reliance on any contents or information on the Site.
7. We may change the content, products and/or services described on the Site at any time without prior notice. If we do so that does not imply admission of error or fault. We will aim to correct any error or inaccuracy that is brought to our attention within a reasonable time.
Intellectual Property and Trademarks
8. AUTEX owns or has rights to use all proprietary and intellectual property rights in the Site and its contents. These include but are not limited to text, graphics, logos, icons and sound recordings and the software and other material underlying and forming part of our products and services and the Site. Also images trademarks, marks and designs. A User may not without our prior written consent, and if we do consent subject to any conditions we stipulate, in any form or by any means:
a. adapt, reproduce, copy, store, distribute, print, display, perform, publish or create images or derivative works from any part of the Site; and/or
b. commercialize, copy or onsell any information or items obtained from any part of the Site.
Enquiries and permission requests may be sent to us at email@example.com.
9. Registered trademarks of AUTEX as at the Effective Date are listed below, however Autex may from time to time register further trademarks and/ or have unregistered marks.
10. If at any time you become aware that any third party is using our intellectual property in a way that is inconsistent with our ownership of it you will immediately inform us and (at our cost) we may request that you assist us in defending or protecting those rights.
Links to Third-Party Sites
11. Any websites or similar which are linked to the Site are not under the control of AUTEX and we are not responsible for and make no representations regarding the content of any linked site or any link contained in a linked site, or any changes or updates to such site/s. If we provide these links to you they are for your convenience only. The inclusion of links on our Site does not imply our endorsement of any of those sites. You should not access a linked site without checking its terms and conditions and security of information.
12. We will use our reasonable efforts to maintain an accurate and complete Site, however, we do not guarantee continuous operation and accuracy of the Site or availability of our products or services or integrity of the data stored or transmitted via the Site, internet or any other services.
13. To the fullest extent permitted by law, all warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limit, suitability, fitness for purpose, accuracy or completeness of the Site or its content.
Liability and Indemnity
14. You acknowledge and agree that your use of this Site and/or our products are at your own risk. We are not liable for damages of any kind, including those arising from lost data, lost business, lost profits, injury, claim, liability, damages or failure of security resulting in any way from the use of the Site and/or our products and services, whether foreseeable or not. If any liability is nevertheless found by a court with jurisdiction that liability is limited to actual losses or costs proven to arise directly from a breach of your legal rights or our duties to you.
15. You indemnify and hold us and all members of the Autex Group , affiliates, officers, employees and contractors harmless from any liabilities, claims, expenses or demands including legal fees and costs made by any third party due to or arising out of:
a. your use or misuse of the Site; and/or
b. a violation of laws, rules, regulations or terms in these Terms and Conditions.
16. The Consumer Guarantees Act 1993 applies to consumers (as defined in that Act) only, and as such does not apply to businesses. You acknowledge and agree that our Site and its contents are intended to be used by our customers, traders and retailers for business purposes and therefore, the Consumer Guarantees Act will not apply to such persons. Similarly, to the extent permitted by the Fair Trading Act 1986, where you are a trader, we contract out of liability under that Act.
New Zealand Laws, Courts and Disputes
17. These Terms and Conditions and any matter or dispute connected with this Site shall be governed by the laws of New Zealand and you hereby submit to the non-exclusive jurisdiction of the Courts of New Zealand.
18. Any disputes arising as a result of the Site will initially be dealt with through mediation.
19. Nothing prevents any party from applying to Court for urgent or injunctive relief.
20. Any reference in these Terms and conditions to legislation is to New Zealand legislation and applies to any amending or replacement legislation and also where the context permits to Regulations or other subordinate legislation in connection with it.
Information About You
21. We may collect information from you directly when you access or use the Site. This may include you indicating that you wish to receive communications from us and/or to be placed on our email list(s). You agree that we may use this information to assist us in providing services to you, to undertake internet research verifying identity, and/or promoting and marketing other products of AUTEX to its Users.
23. You warrant that you have provided complete, accurate and current information required by us and you have due authority to enter into these Terms and Conditions.
24. We reserve the right to terminate a User without entering into further discussions with that User. Examples of when we may terminate a User are:
a. if a serious complaint or multiple complaints are received about the User;
b. if the User breaches these Terms and Conditions;
c. if we, at our sole discretion, deem the User’s behavior to be unacceptable.
New Zealand Dollars and GST
25. Any prices shown on the Site are in New Zealand dollars and are, unless otherwise stated, exclusive of New Zealand Goods and Services Tax.
26. If any provision in these Terms and Conditions is held invalid, then such provision (to the extent that it is invalid) is deemed severed from these Terms and Conditions and the remainder shall not be affected.
27. If you wish to contact us about the Site you should email firstname.lastname@example.org.
TRADE MARKS (as at the Effective Date)
Autex, Autex Acoustics, Autex Cube, Autex Interior Acoustics, Acousti-Shield, AquaShield, BaffleBlock, Balance, Composition, Eco Wrap, E-Foil, ExpoTile, Fibrefoam, GreenStuf, Healthwise, Piazza, Proudly Made In New Zealand, Quietspace, Quietstep, QuietStuf, Sordino, Sound Solution, Symphony, Traffic, Urban, Vertiface.