Disclaimer
Terms & Conditions
The Website
This website is published and maintained by EnviroSpec Limited
("we" or "our" or "us"). By accessing and browsing this
website you agree to comply with the terms and conditions set out
below ("Website Terms of Use").
If you do not agree to comply with these
Website Terms of Use you must immediately leave this website.
If you do not comply with these Website Terms of Use we may suspend
or block your access to our website, terminate your membership to
our website (if applicable) and pursue any other legal actions or
remedies available to us against you.
The purpose of this website is to provide:
(a) directory listings of products and
services available in New Zealand that have (an) environmentally
preferable characteristic(s)
(b) clear guidance and information on how
certain products and services can contribute towards other
standards, rating systems or purchasing guidelines (such as Green
Star NZ, Government's Sustainable Procurement Policy, etc)
(c) a useful online tool where you can store,
retrieve, combine and compare information about products and
services that you have previously selected or saved.
Registration as a member of our website
If you register to be a member of our website,
additional information and functionality features will be made be
made available to you. We may decline to register you as a
member of our website for any reason and we are not obliged to
state such reason.
You are responsible for keeping your login information,
including your log-in ID and password, secret and secure. You
agree not to permit any other person to use your log-in information
or to access any services or information provided to you as a
member of our website. You agree not to disclose (directly or
indirectly) any information that may allow a third person to gain
access to any services or information provided to you as a member
of our website.
Purchases and Transactions
You agree to all costs related to
subscriptions and/or downloads made available to you on the Website
in New Zealand Dollars (NZD). Any taxes that apply to this
transaction are those that would apply to a transaction conducted
in New Zealand. Your selection of item/s that you have identified
as a subscription or download service on the Website is considered
to be an invitation to treat. An offer is constituted, on the terms
outlined in this statement, on the basis of your selection and the
indicated total purchase price. Your acceptance will be indicated
by you filling in your credit card details or forwarding payment in
another form. By undertaking these actions you indicate your
intention to accept these terms and conditions as part of your
order, purchase or action.
Intellectual property rights
All copyright, trade marks, database rights
and other intellectual property rights in the directory listings,
the Website Information and in the website itself are owned by
EnvioSpec, the Industry Suppliers or our other licensors. No right
or licence is granted to you in relation to the Website Information
or the intellectual property rights in such Website
Information.
You may use and copy the Website Information
for your own personal or internal business purposes, provided that
you do not:
(a) deface or remove any copyright notices or
trade marks in any Website Information downloaded or copied by you
from this Website;
(b) compile or extract Website Information
from this Website for the purpose of making such information
available to others (whether as a directory or otherwise) with a
view to a profitor for a fee or other consideration; or
(c) use any trade mark in a manner that is
reasonably considered by EnviroSpec, the Product and Service
Suppliers or our licensors, to be a misuse or appropriation of that
trade mark.
Limitation of liability
EnviroSpec is an Information Management and
Transfer System for suppliers to channel their information to you,
in a consistent and user-friendly format. EnviroSpec does not act
as an agent to industry suppliers, nor does it sell or provide
building and construction industry products, materials or
services. If you wish to buy any of the products, materials
or services listed on this website, you must contact the relevant
Industry Supplier directly.
EnviroSpec does not accept liability for the
conduct or performance of any Product or Service Suppliers or the
quality, suitability, safety, legality or availability of any of
their products, materials, services or information. The
website provides a venue for Industry Suppliers to list themselves
and advertise their products, materials and services. EnviroSpec
provides initial guidelines and review of supplier information to
ensure claims made are verifiable in as much as is practical and to
help minimize the risks of Greenwash. However, Industry
Suppliers are responsible for maintaining their listing,
advertising and product information on this website
themselves. Therefore, EnviroSpec does not warrant or
represent that any information on this website, sent to you via
this website or downloaded by you from this website ("Website
Information") is current, complete, or accurate. All information
contained on this Website Information and the services provided by
EnviroSpec are provided by us on an "as is" and "as available"
basis.
EnviropSpec does not accept responsibility for any content or
information on any website that is linked to the EnviroSpec
website, including Product and Service Suppliers' websites.
EnviroSpec does not accept liability, in part or in full, for
negligence or any loss or damages arising out of the use, reliance
or otherwise of the Informaiton contained on the Website, or any
publication within that EnviroSpec is the author of (such as Green
Star NZ Compatibility Analysis documents, reports, newsletters,
specification guidance, design guidance, or otherwise equivalent
information), or through contracting with EnviroSpec over the
Internet, fax, phone or email. You agree to assume the full risk of
contracting with EnviroSpec over the Internet,fax, phone or email
and indemnify EnviroSpec for any and all losses you incur. You will
be responsible for your use of any Website Information and any
information on or from any website linked to the EnviroSpec
website. You should make your own investigations as to the
quality and usefulness of all such information.
Once your acceptance is communicated to EnviroSpec you will be
required to complete the transaction by authorising EnviroSpec, or
any financial transaction agents acting on EnviroSpec's behalf, to
debit your account accordingly.
Privacy Policy
EnviroSpec may collect personal information
when you use our website or register as a member of our website.
Our collection and use of personal information is governed
by our Privacy
Policy. By accessing and browsing this
website, you acknowledge acceptance of the terms of our Privacy
Policy.
Website integrity
You must not attempt to:
(a) damage, interfere with or harm this
Website, or any network or system underlying or connected to our
website, in any way whatsoever;
(b) amend any information contained on this
Website, unless you are expressly permitted by us to do so; or
(c) reverse engineer or decompile this Website
or any software comprising or underlying this Website.
Waiver
Our failure or delay in the exercise of any
right or remedy we may have under these Website Terms of Use will
not be construed or operate as a waiver such right of remedy, nor
will any single or partial exercise of any right or remedy preclude
the further exercise of such right or remedy.
These Website Terms of Use will be governed by
the laws of New Zealand.
The right to change without notice any aspect
of these Terms and Conditions is reserved.