WEBSITE TERMS AND CONDITIONS OF USE (TERMS)
These Terms apply to the use of our website (www.syntechnz.com) (Website), including the use of the information and material contained or accessed through this Website.
These Terms are intended to be for the benefit of, and enforceable by, Syntech and all its related companies, affiliates or subsidiaries, including (but not limited to) Syntech Leasing Limited and Syntech Australia Pty Limited (Syntech Group) for the purposes of the Contracts (Privity) Act 1982.
In these Terms the expressions us, we, our and Syntech are a reference to Syntech Distributors Limited and any member of the Syntech Group and reference to you is the person visiting this Website or otherwise using our products and services.
Any website accessed or otherwise linked through this Website (Linked Website) is provided as a convenience for you and does not imply that we endorse, check or approve of the Linked Website. We are not responsible for the operation of or content located on or through any such Linked Websites.
We do not provide advice through this Website and accept no responsibility for decisions users of this Website may make.
The content of this Website is for information purposes only. The content is not intended in any way to be a substitute for professional advice.
We endeavour to ensure all information on our Website is accurate, however errors and omissions may occur. We cannot, and do not, represent or warrant the accuracy, adequacy, completeness of information on this Website or that it is up to date. For example (but without limitation):
prices and colours of products may change, and all products are subject to availability;
variations to products may occur from time to time.
You understand that the Internet may contain unedited materials, some of which are explicit, or in other ways that may be offensive to you. Incidental or accidental exposure to such material is at your own risk.
This Website does not recommend or endorse any specific test, products, procedures or practices that may be mentioned on or accessed through this Website or any Linked Website. We are not responsible for any opinions of any contributors to this Website. You acknowledge and warrant that if you acquire or adopt any product, procedure or practice through or as a result of accessing this Website or any Linked Website you do so at your own risk, and you warrant you have made your own assessment as to the performance, condition and safety of such products, procedures or practices and are satisfied that those products, procedures or practices are fit and suitable for your intended use.
Use and Prohibitions
You must ensure that your access to and use of this Website or any Linked Website is not illegal or prohibited by laws which apply to you.
You must take your own precautions to ensure that the process which you employ for accessing this Website or any Linked Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any Linked Website.
You must not attempt to or otherwise damage, interfere with or introduce anything (including a virus) to this Website or any network or system underlying or connected to this Website, or act in any other way that compromises this Website or any network or system underlying or connecting to it.
You must not use this Website or any information or other material from this Website for any commercial purposes. Without limiting the foregoing, you may not, without our written permission, on-sell information or material obtained from this Website.
Intellectual Property Rights
All statutory, common law and proprietary rights in and to content contained on this Website including (without limitation) all text, images, graphics, art work, sound files, animation files, video files, logos, trademarks, business names, trade names, product names, technical information, and all other intellectual property whatsoever owned, developed, created or used by us (Intellectual Property) is the property of Syntech and the Syntech Group, or another third party, and are all subject to copyright and other intellectual property protection laws in New Zealand and other countries, including but not limited to the Copyright Act 1994.
Apart from any use that is expressly permitted under the Copyright Act 1994 all rights are reserved. None of the Intellectual Property can be copied for any use or distribution, or modified, reposted to, or used on other websites.
You acknowledge that all Intellectual Property is, and at all times remains, our exclusive property. Your use of this Website, does not in any way grant or be taken to grant, you or any other person, a licence to use any of the Intellectual Property. You will not, and will not permit anyone else to, use or copy the Intellectual Property, unless we expressly agree in writing.
You will not in any way question, dispute or challenge ownership of the Intellectual Property.
No Warranty: Notwithstanding any other provisions in these Terms, to the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or a liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to supplying of the products or services again, where such legislation gives us that right.
Security of Information: No data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information and material, we do not warrant and cannot ensure the security of any information or material which you transmit to us. Accordingly, any information or material which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information and material.
Limitation of Liability: Notwithstanding any other provisions in these Terms, to the maximum extent permitted by law, we do not accept responsibility, and we are not liable, for any loss or damage (direct and indirect), however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Website or any Linked Website, reliance on any information contained on this Website or any Linked Website, any omission from this Website, or as a consequence of your use of any product, procedure or practice you have acquired or adopted through or as a result of accessing this Website or any Linked Website.
Indemnity: You indemnify us, our agents and our employees against any claim by a third party or any loss, costs, damages, expenses (including indirect, economic and consequential loss and all legal costs and expenses incurred on a solicitor/own client basis), we or any of our agents or employees incur and all actions, suits, claims, demands and other proceeding whatsoever or howsoever made or brought against us, as a consequence of:
(a) your breach of these Terms; or
(b) your use of this Website or any information, material, product, procedure or practice which is made available to you through this Website or any Linked Website.
If you breach these Terms, your right to access and use this Website shall cease immediately.
We accept no liability for any failure to comply with these Terms where such failure is due to circumstances beyond our control.
If any of these Terms are held to be invalid, unenforceable or illegal for any reason, the remaining Terms shall nevertheless continue in full force.
These Terms are governed by, and are intended to be interpreted in accordance with, the laws of New Zealand.