Terms & Conditions

ToolTime NZ Terms & Conditions

Terms and conditions for the use of online ordering and pay services online for http://www.tooltime.nz/

Applicability of these terms

These terms and conditions apply to the use of the tooltime website and each of its sub-domains (the "website"). The term "website", when used in these terms and conditions, also includes any other websites owned or operated by ToolTime NZ that link to these terms. We may change these terms and conditions at any time by posting changes online.

We use the phrase "these terms" to cover all of these terms and conditions and any changes to them. Please read these terms carefully before you start using the website. By using the website you agree to be bound to these terms. If you don't accept them, you should not use the website.

In these terms:

"You" means the person accessing or using the website and "your" has a corresponding meaning.
"We" means Tooltime its related companies, successors and assignees. "Our" and "us" have a corresponding meanings.

Please note that additional terms may apply to specific goods or services (together "products") or online tools provided through the website. If the website links to any additional terms as well as these terms for a particular product or tool, you must read these terms and the additional terms together. If there is any inconsistency between these terms and the product or tool-specific terms, the product or tool-specific terms will prevail for the use of such product or services.

Intellectual property rights

We hold all copyright and other intellectual property rights in the website and all content on the website, unless the content is identified as being the property of another party. In all other circumstances you must get our written consent before reproducing or otherwise using our content. If you wish to use any third party content identified as such on the website you must obtain the prior consent of the relevant owner. This includes content of websites you access via links from the website.

Accessing the website and its content

The website (and its content) is provided on an "as is" and "as available" basis. We reserve the right to withdraw or amend the website at any time and do not guarantee that the website will be available to you at any time. The content of the website is obtained from various sources and is subject to change without notice. We will try to make sure that the information on the website is accurate and up-to-date, but do not guarantee that the content is reliable, accurate, or suitable for what you may want to use it for. Before relying or acting on any information on the website, you should get independent professional advice.

Hypertext links

The website may contain hypertext links to other websites that are not operated by us. These links are provided for your convenience only. We will not investigate or monitor links to other websites. You link to them at your own risk. We are not responsible for the information contained on any linked website and any such link should not be taken as endorsement of any other site or products offered on that site.

You are welcome to create a hyperlink to the website from another site owned by you. However, this link must not be presented on your site in any way that implies that the website has an association with your site, or endorses your site or products. Our name or any of our logos may not be used on your site without our written consent. If you create a hypertext link to the website, you are responsible for all direct and indirect consequences of the link. You indemnify us for all loss we suffer in connection with any link you have created.

Your use of the website

From time to time we may restrict access to some parts of the website to users who have registered with us. If you register and are provided with any user identification codes or passwords, you must keep such codes and passwords confidential and must not disclose them to any third party.

You agree to use the website in a manner that complies with all applicable laws and regulations and that does not infringe the rights of anyone else, nor restrict or inhibit their use and enjoyment of the website.

In particular, you agree not to:

damage or harm the website, or any underlying or connected network or system;
introduce any content or code to the website which is technologically harmful;
upload or post any content on the website (or use the website to transmit any communication) which is illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise objectionable.

In addition, when posting or uploading content to the website or make contact with other users of the website:

you agree that any such content may be used, copied, distributed or disclosed by us; and
you warrant that you own any intellectual property rights in such content.

We do not monitor comments made on, or content posted or uploaded to, the website. We reserve the right to suspend or cancel your access to the website if we believe you have breached any of these terms. You indemnify us from and against all losses arising from a result of your breach of these terms.

Our Liability

We will not be liable for any loss or damage (direct or otherwise) you suffer in connection with your use of the website or of any linked website or your use of, or reliance on, content contained on or accessed through the website or any linked website. We also exclude any condition or warranty that could be implied into these terms (but only to the extent that this is allowed by law).

Ordering and/or purchasing products on our website

From time to time we may offer products for sale on our website. Any information contained on the website does not constitute an offer in any jurisdiction other than New Zealand.

Our online ordering service is an automated order processing system used to purchase products from www.tooltime.nz. We will make every effort to fulfill orders placed using this online service but we do not guarantee that the products advertised will always be in stock. We will make every effort to ensure the descriptions and prices for the products shown on the online ordering service are accurate and up-to-date. However, we reserve the right to adjust the actual price charged if the prices shown are incorrect, and to vary our prices and product descriptions at any time and without notice. Please ensure correct freight charges are selected, for large items or where it may not be clear contact us for a quote.

You agree that, where you acquire products from us for the purpose of your business, any provisions of the Consumer Guarantees Act 1993 which would otherwise apply to the supply by us of those products do not apply.

Title to all products supplied to you will be retained by us until payment is made in full. All risk of loss of, or damage to, the products passes to you on delivery of the products to you.

Delivery of all other products: we provide delivery to New Zealand addresses within our delivery network normally through NZ based courier services (see delivery Information) . All delivery charges are your responsibility at all times.

Return of products: if you are not completely satisfied with your purchase you may return it within 14 days of receiving it. At our option we will either give you a replacement product or refund the purchase price you have paid for the product (excluding any delivery charges and 3^rd party sale costs you have incurred).

Return of all other products: We will accept goods returns provided:

you obtain an authorization from our Customer Service Centre. Contact Tooltime ;
you return goods within two weeks of the date they were dispatched to you;
the goods are returned unused and in the condition they were received.

Apart from crediting you the purchase price paid for any product we have been unable to supply or any good that you have returned in accordance with the paragraph above, to the maximum extent permitted by law we have no liability to you for any loss or damage (either direct, indirect or consequential, including any loss of profit) suffered by you or any other person as a result of us providing our on-line ordering service or any failure or delay in providing this service or the products ordered.

Additional terms may apply for specific products offered through the website.

We target delivery of orders nationwide in 2-10 working days. For international delivery targets refer to www.nzpost.co.nz for their terms. Delivery targets are a guide only and we do not guarantee that your order will be delivered within these delivery targets. Delivery to remote areas may take longer.

Security

Information transmitted over the internet is inherently insecure. However, we have physical, electronic and managerial processes in place to protect the information we collect via our website. Any information sent through the website is passed through a secure server using encryption technology. All stored customer data is protected with secure passwords, user log-ons and other security procedures.

You are responsible for taking all reasonable steps to:

prevent someone misusing or getting unauthorised access to your computer system or to any codes or passwords you have to access the website, and
ensure your computer system and data are free of viruses and other forms of corruption.

Privacy Statement

We may collect personal information about you through the website if:

we are providing you with our products;
you are registering on the website to use any facility or outline tool on the website;
you are submitting an application to work for us; or
you are posting any content or transmitting any messages on or through the website.

In each case, we will only use this personal information for the purpose for which it was collected. This includes the administration and evaluation of the website, improving our products and tools and providing them to you and carrying out credit checks and verification of identity. It may also include specific purposes notified to you on the website for specific products or tools. We may also collect personal information for a purpose required or permitted by the Privacy Act 1993 or otherwise required or permitted by law. We may use your information to provide you with information about our business and products that we think might be of interest to you. If you ask us not to provide you with this information, we will comply with your request. We will keep any personal information you provide secure and will not disclose it to any other parties without your prior consent or as required or permitted by the Privacy Act 1993 or otherwise required or permitted by law. If we consider that you have breached these terms or any applicable law we may provide your personal details as we see fit to enable us or any third party to take court proceedings, enforce or apply our terms, or to protect any party's rights, property or safety.

We may record your visit to the website for analysis of site activity (such as the number of site visitors, the date and time of visits, the number of pages viewed, navigation patterns, what country users are from and what systems users have used to access the website and, when entering the website from another site, that site's address). Some of this information will be gathered through the use of "cookies". A cookie is a small text file placed on your computer's hard drive or browser by a webpage server. If you want to disable these cookies, you may do so by changing the setting on your browser. However, if you disable cookies, you may not be able to use all of the functions on the website. Cookies from the website are not used to gather or allow the gathering of any personally identifiable information and are not used to track individual user activity around this site or around the internet.

If you want to check or correct information that we hold about you, please write to Customer Service Contact Tooltime .

Publication of email addresses on the website should not be taken as consent to receiving unsolicited email. Persons or organizations wishing to send email material to individuals or organizations’ whose email addresses appear on the website must comply with the requirements of the Unsolicited Electronic Messages Act 2007.

Governing law

The website is governed by the laws of New Zealand. When you access the website, you submit to the exclusive jurisdiction of the New Zealand courts.

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