Terms of Use

TERMS OF USE (Up to date as at July 2018)

 

1. INTRODUCTION

1.1         Before accessing this website http://www.ksholdings.co.nz, any websites accessible from this website, http://www.tbmroofing.co.nz, http://www.archtech.co.nz and any of their related webpages (Sites), you are agreeing to these terms of use with Kiwi Steel Holdings Limited, Total Building Management Limited, Leading Edge Fabrication Limited and their associated group of companies which includes (but is not limited to) and any of their related companies, subsidiaries and affiliates and whether in respect of any one, some or all of them (the Group, we or us).

1.2         If you are using the Site on behalf of an organisation, you are irrevocably agreeing to these Terms for your organisation and promising to the Group that you have the authority to bind that organisation to these Terms (in which event, “you” and “your” will also refer to that organisation) unless that organisation has a separate contract in effect with us, in which event the terms of that contract will govern your use of the Sites.

1.3         This document, the Terms of Use (Terms), outlines the terms regarding your use of the Sites. These Terms are a legally binding contract between you and the Group so please read carefully. If you do not agree with these Terms, do not continue to access the Sites or use any of the Sites.

1.4         The Sites, include products including any applications, mobile, software, additional websites or other properties owned or operated by the Group. You acknowledge and agree that the Sites are not to be used for any purpose other than for researching into, enquiring about and/or purchasing, any of our products or services.

1.5         In exchange for you complying with the Terms at all times, we grant you a non-exclusive, non-transferrable worldwide license to use and access the Sites on the terms set out herein.

2. PRIVACY

2.1         Through your use of the Sites, we collect certain information about you in accordance with our Privacy Policy — https://www.apextile.co.nz/term-policy/. You acknowledge your use of the Sites is subject to our Privacy Policy and understand that it sets out how the Group collects, stores and uses certain information.

3. CHANGES TO THESE TERMS

3.1         We reserve the right to modify these Terms from time to time. If we make any changes we will post the most current version of these Terms on the Sites and revise the date at the top of this document. The currently applicable Terms can be viewed at https://www.apextile.co.nz/term-policy/. The updated Terms become effective 14 days after it is published on our Sites.

3.2         If we make any material changes to these Terms, we will provide you with additional notice (by either adding a statement to our Sites, a notification popping up, or sending you an email notification) prior to the changes becoming effective. We encourage you to periodically review this page for the most current Terms.  If you do not accept the changes, you must stop using the Sites. Continued use of the Sites after we notify you of such changes is deemed acceptance of the updated Terms.

4. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION

4.1         By providing your details to use the Sites, you agree to us sending you information regarding the Sites  and other promotional material in accordance with the Privacy Policy — https://www.apextile.co.nz/term-policy/,   such  as:

(a)          notices about the use of the Sites, including notices of violations of use;

(b)          updates to the Sites and new features, products and/or services; and

(c)          promotional information and materials regarding the Group’s products and/or services and any products of our affiliates, related parties or any third party in accordance with the Privacy Policy.

4.2         Notices emailed to you will be considered given and received when the email is sent. If you don’t consent to receive notices (other than promotional materials) electronically, you must stop using the Sites.

5. SITES

5.1         There may be issues with the functionality and provision of the Sites.

5.2         We can make any changes, updates or enhancements to the Sites at any time. We may also add or remove functionalities or features, or we may suspend or stop the Sites altogether. To the extent you were able to and have uploaded data to the Sites, the Group is not responsible for any losses of data.

5.3         You agree to indemnify, pay the costs of defence, and hold us harmless from any claims, liabilities, or damages related to or arising out of data you submitted to us or posted on our Sites or through our services. This section shall supersede any provision, communication, representation, warranty, or agreement to the contrary in any of our relationships.

6. CONFIDENTIAL INFORMATION

6.1         By using or accessing the Sites, you acknowledge that we will provide you with information that is confidential, sensitive or should be kept secret. Such information will be provided on or through the Sites, accessed through links or downloaded by you from or through the Sites. Information that is confidential includes (but is not limited to) trade secrets, know-how; intellectual property; accounts; pricing and cost information; marketing techniques and plans; source code; technology and technical information; business or marketing plans or business processes; contract terms and prospective contract terms with prospective customers, accounts and other persons or entities with whom we may contemplate a business relationship; potential customers and purchasers; confidential information of any related entity, potential customers; products; product designs; design documentation; methods; processes; operations; product uses; product quality analysis; and other information related to us and our business that is not generally publicly known, this information should always be considered confidential to the Group (Confidential Information).

6.2         To the extent that any documents we provide are labelled “confidential” (or something similar), or provide information (either in writing or verbal) that is of a type that a reasonable person should understand to be confidential such information is to be treated as Confidential Information, you will treat such information as confidential.

6.3         You agree to maintain as confidential at all times, and will not at any time, directly or indirectly, disclose or permit to be disclosed to any person, use for your own purposes or use to our detriment or use to the detriment of any other party, any such Confidential Information.

6.4         You confirm that you will destroy and/or return all Confidential Information in your control and/or possession, at the Group’s request.  You will certify to the Group once this request has been fulfilled.

7. DATA STORAGE

7.1         By using and accessing the Sites, you understand and agree to the storage of any data and any other personal information in countries and territories globally. You acknowledge and agree that the Sites can be accessed globally and may be subject to laws of the relevant jurisdiction and that nothing prohibits the processing of information by the Group in any jurisdictions globally.

8. ACCEPTABLE USE POLICY

8.1         You agree you will not, nor will you encourage or assist others to harm the Sites or use the Sites to harm others. For example, you must not use the Sitesto harm, threaten, defame or harass another person, organisation or the Group and/or to build a similar services or websites similar to the Sites. You agree you will not:

(a)          damage, disable, burden, impair, obscure, or decompile, disassemble or remove anything from the Sites (or any network connected to such);

(b)          reverse engineer, resell or redistribute the Sites or any part thereof;

(c)          modify, reroute, or gain access to the Sites or attempt to carry out these activities otherwise than as provided for in these Terms;

(d)          use any automated process or service (such as a bot, a spider, or periodic caching of information stored by the Group) to access or use the Sites;

(e)          rent, lease, pledge or otherwise dispose of anything on the Sites;

(f)           use the Sites beyond the features allocation and amounts provided from time to time or in violation of the Acceptable Use Policy;

(g)          use the Sites  to violate any law of distribute malware or malicious data; and/or

(h)          distribute, post, share information or data you don’t have the right to or is illegal.

8.2         As part of our efforts to protect the Sites, or our customers, or to stop you from breaching these Terms we retain the right to block or otherwise prevent your use of the Sites, and to prevent the delivery of any type of file, email or other communication to or from the Sites.

8.3         We also reserve the right to deactivate, change and/or require you to change your user ID and any custom or vanity URLs, custom links, or vanity domains you may obtain through the Sites.

9. SUSPENSION AND TERMINATION OF SERVICES

9.1         We reserve the right to suspend or terminate your access to the Sites at any time in our sole discretion. You understand that if your access to the Sites is suspended or terminated, you may no longer have access to any data that is stored on the Sites or through the Sites.

10. THE GROUP’S PROPRIETARY RIGHTS

10.1      All content and information relating to or of the Sites, including but not limited to logo, design, text, software, intellectual property, technical drawings, configurations, graphics, other files, and their selection and arrangement and the Group Confidential Information belong to the Group, and/or its suppliers, affiliates or licensors, and you acknowledge that the Group and its affiliates own all content and information relating to or of the Sites, exclusively.

10.2      The Group or its licensors own and reserve all right, title and interest in and to the Sites and all hardware, software and other items used to provide the Sites, other than the rights we expressly grant to you to use the Sites and the Group’s Confidential Information. No title to or ownership of any proprietary rights related to the Sites or the Group’s Confidential Information is transferred to you pursuant to these Terms.

10.3      If you provide feedback, comments, suggestions and recommendations to the Group about the Sites, you are automatically assigning any such rights to this information to the Group.

11. NO WARRANTY OR CONDITIONS

11.1      To the extent permitted by law, the group and its affiliates (and associated service providers):

(a)          provide the sites on an “as is”, “with all faults” and “as available” basis;

(b)          make no representations or  warranties  or  conditions  whether  express  or implied of any type whatsoever, including but not limited to warranty of merchantability, satisfactory quality, fitness for a particular purpose, or non- infringement in relation to the sites; and

(c)          do not guarantee that use of the sites will be uninterrupted, error- free or free of harmful components, nor that the data will be secure or not otherwise lost or damaged.

11.2      If you are dissatisfied with any portion of the sites or with these terms of use, your sole and exclusive remedy is to discontinue use of the sites.

12. INDEMNIFICATION

12.1      To the extent permitted by law, you will defend the Group against any cost, loss, damage, or other liability arising from any third party demand or claim that any data provided by you, or your use of the Sites:

(a)          infringes a registered patent, trademark, or copyright of a third party, or misappropriates a trade secret (to the extent that such misappropriation is not the result of the Group’s actions); or

(b)          violates any applicable law or these Terms.

12.2      The Group will reasonably notify you of any such claim or demand that is subject to your indemnification obligation.

13. LIMITATION OF LIABILITY

13.1      To the extent permitted by law, neither the Group nor any of its affiliates, resellers, officers, employees, agents, suppliers or licensors will be liable for any direct, indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, goodwill, use or data) however caused, including but not limited to contract, tort, equity, warranty, negligence or otherwise, even if the group has been advised as to the possibility of such damages. the aggregate liability of the group and its affiliates, officers, resellers, employees, agents, suppliers or licensors, relating to the sites will be limited to one hundred New Zealand dollars (NZD$100), irrespective of whether this remedy fully compensates you for any losses or fails of its essential purpose.

13.2      Some jurisdictions do not allow the limitation of incidental, consequential or other damages.  In such an event where that jurisdiction applies, this limitation will not apply to you to the extent prohibited by law.

14. DISPUTE RESOLUTION AND GOVERNING LAW

14.1      You must comply with all domestic and international export laws and regulations that apply to your use of the Sites. These laws include restrictions on destinations, end users, and end use.

14.2      These Terms, including the interpretation and rights and obligations hereunder, will be governed by and construed in accordance with the laws of New Zealand.

14.3      Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether pre-existing, present or future and including statutory, consumer protection, common law, intentional tort and equitable claims) in arising from or relating to these Terms, their interpretation or the breach, termination or validity of these Terms or the relationships which result from these terms (including, to the fullest extent permitted by applicable law, relationships with third parties who are not parties to these Terms) (Dispute), shall be referred to and be subject to the exclusive jurisdiction and final determination by arbitration before a single arbitrator in Auckland, New Zealand appointed the President of the New Zealand Law Society or his or her nominee at the request of any or all of the relevant parties and in accordance with the Arbitration Act 1996. You must notify the Group of any Dispute at admin@ksholdings.co.nz in writing within 30 days of the date the Dispute arises.

14.4      The decision of the arbitrator will be final, binding and incontestable, and it may be used as a basis for judgment in any country or region. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitration proceeding will be limited solely to the dispute or controversy between the parties.

14.5      You acknowledge and agree that you are waiving your rights to litigate any claim in a Court and your right to a jury trial. Nothing in this section shall prohibit the Group from seeking injunctive or other equitable relief in any court of competent jurisdiction to protect or preserve its rights in and to intellectual property or Confidential Information.

14.6      In any arbitration or Dispute, neither you nor any other person shall be entitled to join or consolidate claims in relation to these Terms, or arbitrate any claim as a representative or class action or in a private attorney general capacity. You acknowledge and agree that you are giving up your rights to participate in a class action or representative action with respect to any claim pursuant to or relating to these Terms.

15. FEES

15.1      No fees are currently charged for the Sites’ use. The Group may decide to charge in the future for use of the Sites however you will be informed of any charges before this occurs.

16. GENERAL TERMS

16.1      These Terms apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of these Terms as written, those terms will be replaced with similar terms to the extent enforceable under New Zealand law, but the rest of these Terms will remain in effect.

16.2      These terms and the Privacy Policy constitute the entire agreement between you and us regarding use of the Site. It supersedes any prior contract or oral or written statements regarding your use of the Sites.

16.3      We may assign, transfer, or otherwise dispose our rights and obligations under these terms, in whole or in part, at any time without notice. You may not assign these terms or transfer any rights to use the Sites, unless agreed by the Group in writing.

16.4      The failure of either of us to insist upon or enforce strict performance of any of the provisions of these Terms or to exercise any rights or remedies under these Terms will not be construed as a waiver or relinquishment to any extent of such right to assert or rely upon any such provision, right or remedy in that or any other instance rather, the same provisions will remain in full force and effect.

16.5      For the purposes of the Contract and Commercial Law Act 2017 (New Zealand) the agreements and undertakings set out in these Terms as given by you are given for the benefit of any and all of the Group, and are enforceable at the suit of each or any of them.

Privacy Policy

PRIVACY POLICY (Last updated July 2018)

 

1. GENERAL

1.1         Kiwi Steel Holdings Limited, Total Building Management Limited, Leading Edge Fabrication Limited and their associated group of companies which includes (but are not limited to) their related companies, subsidiaries and affiliates and whether in respect of any one, some or all of them (the Group, we or us), recognises that the privacy of your personal information is important to you.  We believe in respecting and protecting your privacy.  The following Privacy Policy applies to the information collected through our websites (Sites) and when you phone, talk, send emails or write to us.  This Privacy Policy (together with our terms of use (Terms of Use) and any other documents referred to herein or the Terms of Use – https://www.apextile.co.nz/term-policy/) explains how we collect, store, protect and use information that you provide to us.

1.2         The amount of information you will provide to us will depend on the type of services that you use.  We will only disclose your personal information provided to us in accordance with this Privacy Policy.

1.3         By visiting our Sites and/or giving us your personal information, you are accepting the practices described in this Privacy Policy.  Please read this policy carefully to understand how we will collect, use and maintain your personal information.  If you do not accept the practices described in this Privacy Policy please do not buy our products and/or use our services and/or give us any of your personal information.

2. CHANGES TO PRIVACY POLICY

2.1         This Privacy Policy may be updated from time to time.  If we make any changes, we will notify you by revising the “Last Updated” date at the top of this Privacy Policy.  The currently applicable Privacy Policy can be viewed at https://www.apextile.co.nz/term-policy/. The updated Privacy Policy becomes effective 14 days after it is published on our Sites.

2.2         If we make any material changes to this Policy we will provide you with additional notice (by either adding a statement to our Sites, a notification popping up, or sending you an email notification) prior to the changes becoming effective. We encourage you to periodically review this page for the most current statement of our privacy practices. Your continued use of the Sites and/or services constitutes your agreement to be bound by such changes to this Privacy Policy.

3. COLLECTION OF PERSONAL INFORMATION

3.1         The type of information that the Group collects from you will depend on the circumstances in which it is collected.  At various stages:

(a)          you may be requested to provide the Group with personal information in order for us to provide you with information, a product and/or service, access to our WiFi networks or as may be necessary by law.  It may include your name, phone number, email, address, other contact details, device details, data on the use of our WiFi networks (including without limitation, network traffic, web pages visited, and data usage etc), information required to do business with us, including information obtained through credit checks, your bank account details, and credit card details, transactional information (including products and/or services purchased and billing address), information about your data storage preferences, employer’s name, and job title;

(b)          we may inadvertently collect your personal information from any photographs or videos taken of our prototypes, products and/or services in connection with our own marketing efforts, including but not limited to any photographs or videos taken of you using drone technology owned and/or operated, by the Group, or third parties acting on behalf of the Group.  These photographs and videos may be transferred to and stored on the servers of the manufacturer of the drone we have used to take these photographs and videos; and

(c)          we may collect personal information through video footage of you taken using ‘CCTV’ stationed throughout our premises.

3.2         When you access or use the Sites, we may automatically collect information about you, including:

(a)          user activity in connection with the Sites and may collect information about the applications and features you use, the Sites you visit, the sizes and names of the files or folders you upload, download, share or access while using the Sites, the content you access and any actions taken in connection with the access or use of your Content in the Sites;

(b)          log information about you when you access and use the Sites including your Internet Protocol address (IP Address), access times, browser type and language, Internet Service Provider (ISP), the web pages that you visit, the content you use and the URL of the web page you visited before navigating to the Sites, download errors and length of visits to web pages that you visit;

(c)          if you access the Sites from a mobile device, we may collect information about the device, including the hardware model, operating system and version, unique device identifiers, mobile network information (as allowed by the mobile network) or platform information (as allowed by the specific platform type). We may ask for or access your location based information from your mobile device with your consent through our mobile apps; and

(d)          we and/or service providers use various technologies to collect information, which may include saving cookies to your computer or mobile device. Please refer to the Cookie Policy set out in clause 7 below.

3.3         We may also store electronic files or other information that you upload or provide through the Sites.

3.4         If you provide any third party information, such as names, email addresses and the like, you acknowledge that you have the authority of the third party to provide this information and that they have agreed to the terms of this Privacy Policy.

3.5         If you do not provide us with the information we request we may not be able to fulfill the applicable purpose for collection.

4. USE AND DISCLOSURE OF PERSONAL INFORMATION

4.1         Our primary purpose for collecting, holding, using and disclosing personal information is to enable us to:

(a)          provide, operate, maintain and improve the Sites;

(b)          enable you to access and use the Sites;

(c)          process, and to communicate with you (including but not limited to welcome emails, order confirmations, pick-up and delivery reminders, and payment transaction notices) in relation to, any transactions or attempted transactions conducted on the Site;

(d)          process, and to communicate with you in relation to, your payments for products and/or services or assess and process warranty claims and/or refunds; and

(e)          provide you with products and/or services that you have requested from us;

(f)           respond to comments, inquiries, and requests and providing customer service and support;

(g)          observe any modification and/or damage to, or theft of, our property, including any actions or omissions in connection (whether direct or indirect) with the modification and/or damage to, or theft of, our property;

(h)          observe, manage and/or improve any and all processes in connection with the preparation, production, manufacture and/or delivery of our products and/or services;

(i)           preserve and/or improve the functioning and/or security of our premises, our networks, our IT systems and/or our data in their entirety;

(j)           collect any information necessary to commence, conduct and/or complete any process and/or proceedings in connection with your employment;

(k)          carry out our obligations arising from the Terms of Use https://www.apextile.co.nz/term-policy/; and

(l)           open and maintain trading accounts for the supply of products and/or services.

4.2         In addition to the primary purpose for collection, information about you collected by the Group may be held and used by us for research purposes, to analyse statistical information, to conduct trade promotions, to comply with legislation and regulations, to inform you of changes to our businesses and our products and services, for marketing purposes (including but not limited to communicate with you about current products and services, new products and services, features, surveys, newsletters, offers, opportunities, promotions, contests and events, and provide you with other news or information about the Group, our select partners and any third parties), to resolve Disputes (as defined in the Terms of Use), to train staff, and to assist in developing our Sites.

4.3         In carrying out our business it may be necessary to share information about you with:

(a)          companies within the Group;

(b)          third-parties who are working on our behalf and require access to your information to carry out that work, including but not limited to process billing, know your client requirements, providing customer support, etc;

(c)          third-parties, including but not limited to ERP system providers, as well as trade references, creditors and suppliers, as may be necessary in order to determine your creditworthiness as a pre-condition to us providing you with products and/or services;

(d)          a third-party:

(i)           if we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or governmental request;

(ii)          to enforce our agreements, policies and Terms of Use;

(iii)         to protect the rights, property, interests or safety of any of the Group, our directors, our employees, our customers or the public;

(iv)        to respond to an emergency which we believe in good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person; or

(v)         with your prior consent.

4.4         The Group may unilaterally or upon reasonable request (with reasonableness determined in the Group’s sole-discretion), use its best endeavours to remove or destroy or procure the obscuring, removal or destruction of any personal information collected from any photographs or videos taken of our prototypes, products, properties and/or services in connection with our own marketing efforts, including but not limited to any images and/or footage of you on any photographs or videos taken of you using drone technology owned and/or operated, by the Group, or third parties acting on behalf of the Group.

4.5         We may disclose, transfer and/or dispose your information to a third-party in connection with, or during negotiations of, any merger, sale of assets, financing, or acquisition of all or a portion of our business to another company.

5. COMMUNICATIONS

5.1         We may also send transaction-related communications such as welcome emails, order confirmations, pick-up and delivery reminders, and payment transaction notices. You expressly agree to receive this information via email, telephone, post, text message or via such other communication method that you have provided details for. We may from time to time send you marketing or promotional communications unless you elect to opt out of receiving such information. You can discontinue future promotional communications by following the specific unsubscribe instructions in the communications you receive.

6. IP ADDRESSES AND SERVER LOGS

6.1         As with most websites, we automatically collect your IP address when you use our Sites so that our server is able to send your computer information. Your IP address may also be collected in logs of the various tasks performed by our server. Generally, IP address information would only be analyzed anonymously unless your IP address is associated with the activity that is problematic or suspicious. The servers may also log information such as data sent and received by the website or the app, web requests, browser type, page visits, numbers of clicks, date and time information, and cookies.

7. COOKIES

7.1         A cookie is a string of information that a website stores on your computer. Your browser can provide the cookie back to the Sites on subsequent visits in order to identify you to the Sites. We use cookies to help us identify and track visitors, Sites usage, and Sites access preferences.

You may refuse to accept cookies by activating the setting on your browser which allows you to reuse the setting of cookies, or you can visit our Sites using an incognito or private browser window. The “Help” or “Internet Settings” functions within your browser should tell you how. Alternatively, you may wish to visit http://www.allaboutcookies.org/ which contains detailed information on cookies and to delete, restrict or block them on a wide variety of browsers. For information on how to do this on the browser of your mobile phone, you will need to refer to your handset manual.

7.2         Please be aware that if you select to refuse or restrict cookies you may be unable to access certain parts of the Sites and certain features of the Sites might not work as intended without cookies.

8. GOOGLE ANALYTICS

8.1         We use Google Analytics to gather information about how our Sites are used to help us to improve its usefulness and relevance. Google Analytics uses cookies provided by Google. For more information regarding how Google uses data gathered through our use of Google Analytics please see the page at the following address www.google.com/policies/privacy/partners/. No personal information will be provided to Google and neither we nor Google will associate any of the information gathered by the Google Analytics service with personal information about you.

9. DATA SECURITY

9.1         We will use commercially reasonable endeavors to prevent unauthorized access to, unauthorized use of, or corruption of your personal information and the other information we obtain. We do not guarantee that we will be able to prevent unauthorized access to, unauthorized use of, or corruption of information that we hold but if we learn that such an event has occurred we will inform you so that you can take whatever steps are necessary to protect your security. We take no responsibility for the security of your own computer or your internet connection.

10. Your Rights

10.1      You have the right to access the personal information we hold about you, where it is stored, and if it is held in such a way that it can be readily retrieved.

10.2      In the event you would like us to correct, change, remove or delete your personal information, please contact us at privacy@ksholdings.co.nz with a specific request that we correct, update, remove or delete your personal information. We will use commercially reasonable efforts to honour your request.

10.3      We will retain and use your personal information:

(a)          for the period necessary to fulfill the purposes outlined in this Privacy Policy; and

(b)          to comply with our legal obligations, resolve disputes and enforce our agreements.

10.4      We may still send you non-promotional communications, such as security alerts and notices related to your access to or use of the Sites, our ongoing business relations, or employment matters.

11. LINKS FROM THIS SITE

11.1      Our Sites may link to other third-party sites.  These linked sites are not under our control and we are not responsible for the content of those sites.  Any such links are not subject to the same privacy policies seen in this Privacy Policy.  Before disclosing any personal information on such sites, we recommend that you carefully review any policy documents or terms and conditions that appear on the linked sites.  The Group is not responsible for any practices on linked websites that might breach your privacy.

12. CONTACTING US

12.1      If you have any questions about this Privacy Policy, or you wish to report any circumstances whereby you believe we have not conformed with this Privacy Policy, please contact us by privacy@ksholdings.co.nz.

13. GOVERNING LAW

13.1      Your information is provided to us in accordance with the laws of New Zealand.