Terms of Use - Guardian Seal

Last updated 13 Aug 2024

Application of terms

1.1 These Terms apply to your use of the Website. By accessing and using the Website:(a) you agree to these Terms; and(b) where your access and use is on behalf of another person (eg a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person's behalf and that, by agreeing to these Terms on that person's behalf, that person is bound by these Terms.

1.2 If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.

1.3 The information provided on this Website is for general information purposes only for personal use. The information provided on this Website has not been prepared by taking into account the particular objectives, situation or needs of any individual users. Use of information and material contained on this Website is at your own risk.

1.4 Although we have tried to ensure the content on this Website is current, accurate and complete, we do not guarantee that such content will be current, accurate or complete when you access it. Postings are made at such times as we determine in our discretion, and we do not review past postings to determine whether they remain accurate. We will take action, within a reasonable time, to correct any error or inaccuracy which is brought to our attention.

Changes

2.1 We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.

2.2 We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.

Definitions

In these Terms:

  • including and similar words do not imply any limit
  • Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basispersonal information means information about an identifiable, living person
  • Privacy Act means New Zealand Privacy Act 2020
  • Privacy Policy means our Privacy Policy (as amended from time to time),
  • Terms means these terms and conditions titled Website Terms of Use, including the Privacy Policy
  • Underlying System means any network, system, software, data or material that underlies or is connected to the Website
  • User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website
  • We, us or our means Guardian Seal Limited, a company incorporated in New Zealand (company number 9256199)
  • Website means guardianseal.co.nz
  • You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.

Your obligations

4.1 You may access, view, reproduce and print the content on this Website, provided you only use that content for informational, non-commercial purposes, and any reproduction includes a prominent acknowledgement of our rights in the relevant content.

4.2 You must provide true, current and complete information in your dealings with us, and must promptly update that information as required so that the information remains true, current and complete.

4.3 If you are given a User ID, you must keep your User ID secure and:(a) not permit any other person to use your User ID, including not disclosing or providing it to any other person; and(b) immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to hello@guardianseal.co.nz

4.4 You must:(a) not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and(b) unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.

4.5 You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to hello@guardianseal.co.nz. We reserve the right to prohibit links to this Website or any other website, and you agree to remove or cease any link upon our request. You may not frame any part of the Website material by including advertising or other revenue-generating material, without our prior approval in writing.

4.6 You indemnify us (including our employees, related parties, directors, officers, agents, volunteers, contractors, subcontractors and collaborators) against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.

4.7 You may need to agree to additional terms and conditions for any promotions or competitions which may be available to you from time to time through this Website, prior to being able to obtain or participate in such promotions or competitions. Any such additional terms and conditions must be read in conjunction with these Terms. In the event of any inconsistency between these Terms and any promotion or competition terms and conditions, the relevant promotion or competition terms and conditions will prevail.

User provided information and content

5.1 The content of this Website may include information or commentary provided by users or other third parties. We are not responsible for the content provided by users or third parties, and we are under no obligation to monitor or remove any third-party content or user comments.

5.2 If this Website contains chat rooms, bulletin boards, comments or any other communication forums (Forums) you agree to only use the Forums to send and receive material and messages that properly relate to the particular Forum. You agree that when accessing a Forum you will not:(a) abuse, threaten, harass, stalk, defame or otherwise violate the legal rights of other users of the Forums;(b) publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, or unlawful material or information;(c) upload files that contain information or software protected by intellectual property laws unless owned or controlled by you or used by consent of the owner;(d) upload files that contain viruses, corrupted files, or any other software or programmes that may cause damage to the computers of other users of the Forums; and(e) advertise, or offer to sell any goods or services or conduct or forward surveys, contests or chain letters.

5.3 You acknowledge and agree that Forums are public communications and that communications by other users are not endorsed by us and have not been reviewed, screened or approved by us.

5.4 We, at our sole discretion and without notice, reserves the right to remove any content from the Forums and to deny any user access to this Website or any portion of it.

5.5 You agree to indemnify, hold harmless and defend us and our affiliates, officers, and employees from any loss, liability, claim, demand, damage, or expenses (including reasonable legal fees) asserted by any third party due to or arising from or in connection with your conduct on this Website, or from any content or messages posted or transmitted by you on or through this Website. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which will not excuse your indemnity obligations.

5.6 If you provide or contribute any content or other materials to us and/or to this Website (User Content), you agree that we, and anyone authorised by us, can use that User Content in any manner free of any obligation to you. This includes granting us the right to copy, distribute, modify, licence and exploit any User Content in perpetuity by any means and media now known or developed in the future, without payment or other consideration to you or any other person, including use in advertising and promotion. By posting or uploading any User Content to this Website or providing any User Content to us, you automatically and irrevocably:(a) grant and assign to us any and all rights in the User Content throughout the world including without limitation all copyright, and waive all moral rights in the User Content that may be available to you in any part of the world. If any of these rights cannot be assigned to us, you grant us a perpetual royalty-free worldwide licence to any and all rights in the User Content, including without limitation, all copyright, with the right to sublicence;(b) appoint us as your agent with power to enter into any document and/or do any act (and you agree to execute any documents) we may consider appropriate to confirm and enforce the rights granted under these Terms; and(c) warrant that:

  • (1) you are the owner of the User Content and entitled to enter into these Terms,
  • (2) you have obtained all necessary permissions and licences for any third-party materials necessary for us to exploit the rights granted to us in the User Content; and
  • (3) no User Content will be subject to any obligation, of confidence or otherwise, to you or any other person.

Intellectual property

We (and our licensors or third-party content suppliers) own all proprietary and intellectual property rights in the Website (including all information, data, text, copyright works, trade marks, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.

Disclaimers

7.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:(a) the Website being unavailable (in whole or in part) or performing slowly;(b) any error in, or omission from, any information made available through the Website;(c) any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and(d) any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.

7.2 We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.

Quality Assurance Report Disclaimer

If requested of Guardian Seal, a quality assurance report in relation to roofing works (Report) may be prepared for a User, subject to Guardian Seal's consent to do so (which may be given or withheld at its sole and absolute discretion). Each Report will be compiled by a licensed building practitioner solely for information purposes to confirm that roofing works have been completed by another party at the premises and in a manner expressly identified and set out in the relevant Report (Purpose).

As part of compiling any Report, reliance may be had on opinions, documents, photos, assumptions, guarantees, assurances, warranties, statements or other information (express or implied) provided by third parties. Any opinion expressed in a Report is based on the knowledge and approach of the person who formed that opinion at the date that the opinion was formed and the opinion may have ceased, or may cease, to be the opinion of the relevant person or to be appropriate in the light of subsequent knowledge.

Each Report is intended solely for the recipient expressly identified in the relevant Report (Recipient) and may not be relied upon by any other party. By being provided with a Report, the Recipient agrees to not use the information contained in that Report or any other information provided by Guardian Seal or its related companies, directors, officers, employees, contractors, agents, consultants, and advisors (together, Representatives) in connection with the Purpose, except to the extent it is relevant to the Purpose, and the Recipient agrees that the use of or any reliance on the relevant Report is at the Recipient's own risk.

No representation or warranty, express or implied, is made as to the completeness, fairness, accuracy, adequacy or reliability of any representations, statements, estimates, or opinions or other information contained in any Report, or as to the reasonableness of any assumption (as applicable), any of which may change without notice.

To the maximum extent permitted by law, Guardian Seal and its Representatives are not responsible for any adverse consequences arising from the Recipient's use of and reliance on the relevant Report, and disclaim all liability and responsibility (including without limitation any liability arising from fault or negligence on the part of Guardian Seal and/or its Representatives) for any direct or indirect loss or damage which may be suffered by any Recipient through use of or reliance on anything contained in, or omitted from, the relevant Report. Guardian Seal and its Representatives are not under any obligation to notify any Recipient or provide any further information if they become aware of any inaccuracy, incompleteness or change in any information set out in the relevant Report or any event which may affect or qualify any aspect of the relevant Report.

Neither Guardian Seal, nor any of its Representatives, is liable, and the Recipient covenants not to make any claim or commence or pursue any proceedings against any of them, for any loss or damage of any kind (including, without limitation, any consequential loss or loss of profits) arising from any:

  1. use of or reliance on the relevant Report by the Recipient (or any other party);
  2. error, inaccuracy, incompleteness or similar defect in the relevant Report; or
  3. default, negligence or lack of care in relation to the preparation or provision of the relevant Report.

If Guardian Seal or any of its Representatives is liable for any reason for any loss suffered or liability incurred by the Recipient arising from the use of or reliance on the relevant Report, or for any other reason, Guardian Seal's or the relevant Representative's liability (whether arising in contract, tort (including negligence) or otherwise) is limited to NZ$500.

Liability

8.1 To the maximum extent permitted by law:(a) you access and use the Website at your own risk;(b) all warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limitation, suitability, fitness for purpose, accuracy or completeness of this Website or the content on or access through it;(c) we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website, including for any damage, loss or expenses, or indirect losses or consequential damages of any kind. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

8.2 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to the purchase price actually paid by you in relation to the relevant order purchased by you using the Website.

8.3 To the maximum extent permitted by law and only to the extent clauses 7.1, 7.2, 8.1 and 8.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed NZ$500 including GST.

Privacy policy

9.1 You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website available to you. For example, we may need to have your contact information in order to provide you with updates from our Website.

9.2 By using or accessing the Website and/or any of our services (whether by your mobile phone, table, smartphone, PC or any other means), or by providing your personal information to us, you are deemed to have agreed to be bound by the Privacy Policy.

9.3 If you follow a link on our Website to another site, the owner of that site will have its own Privacy Policy relating to your personal information. We suggest you review that site's Privacy Policy before you provide personal information.

Suspension and termination

10.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).

10.2 On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.

General

11.1 If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.

11.2 These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.

11.3 For us to waive a right under these Terms, the waiver must be in writing.

11.4 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.6, 5.5, 6, 7, 8, 11.1, 11.4, 14, 15 continue in force.

11.5 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.

11.6 These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.