PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
These terms tell you the rules for using our website Innovative Shield NZ (isnz.net) (our site).
Who we are and how to contact us
Innovative Shield NZ (isnz.net) is a site operated by Innovative Shield NZ ("We"). To contact us, please email sales@isnz.net or telephone our customer service line on 027 776 7019.
By using our site you accept these terms
By using our site, or acquiring any goods or services from us, you confirm that you accept these terms of use and that you agree to comply with them.
If you do not agree to these terms, you must not use our site.
We recommend that you print a copy of these terms for future reference.
There are other terms that may apply to you
These terms of use refer to the following additional terms, which also apply to your use of our site:
·Our Privacy Policy [Privacy Policy Innovative Shield NZ (isnz.net)]. See further under How we may use your personal information.
·Our Acceptable Use Policy [Acceptable Use Policy Innovative Shield NZ (isnz.net)], which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
We may make changes to these terms
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
We may make changes to our site
We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities.
We may suspend or withdraw our site
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
Our site is only intended for users in New Zealand
Our site is directed to people residing in New Zealand. We do not represent that content available on or through our site is appropriate for use or available in other locations.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at Contact Us Innovative Shield NZ (isnz.net).
How you may use material on our site
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged (except where the content is user-generated).
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy, download, share or repost any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
No text or data mining, or web scraping
You must not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site. This includes using (or permitting, authorising or attempting the use of):
·Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same.
·Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
The provisions in this clause should be treated as an express reservation of our rights in this regard.
This clause does not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
This site, its content and any services provided in relation to the same are only targeted to, and intended for use by, individuals located in New Zealand (Permitted Territory). By continuing to access, view or make use of this site and any related content and services, you hereby warrant and represent to us that you are located in the Permitted Territory.
Do not rely on information on this site
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
We are not responsible for websites we link to
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
User-generated content is not approved by us
This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
How to complain about content uploaded by other users
If you wish to complain about content uploaded by other users, please contact us on Contact Us Innovative Shield NZ (isnz.net)
Our responsibility for loss or damage suffered by you
·We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
·Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and conditions of supply below.
·To the maximum extent permitted by law, we exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it or any goods or services we supply to you. If you are in trade and are acquiring the Goods or Services for business purposes, the guarantees under the Consumer Guarantees Act 1993 and sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 do not apply.
·To the maximum extent permitted by law, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
·use of, or inability to use, our site; or
·use of or reliance on any content displayed on our site.
·In particular, we will not be liable for:
·loss of profits, sales, business, or revenue;
·business interruption;
·loss of anticipated savings;
·loss of business opportunity, goodwill or reputation; or
·any indirect or consequential loss or damage.
·To the maximum extent permitted by law, in respect of goods or services we supply to you, your sole remedy against us is limited to breach of contract and the extent of any such liability is limited, at our option, to repair or replacement of the goods, payment of the cost of repairing or replacing the goods or acquiring equivalent goods or refund of the price you paid for the particular defective goods. If the breach relates to services the extent of any such liability is limited, at our option, to supplying the Services again, payment of the cost of having the services supplied again, or refund of the price you paid for the particular defective Services. We will not, in any case, be liable for any other losses or damages whether general, exemplary, punitive, direct, indirect or consequential, including loss of business profits.
·To the maximum extent permitted by law, no action may be brought against us unless notice of such claim is given to us within one month of delivery of the goods or provision of the services. We will be released from all or any liability unless proceedings are brought in a Court of competent jurisdiction within one year of the date of delivery of the Goods or provision of the Services.
How we may use your personal information
We will only use your personal information as set out in our Privacy Policy Innovative Shield NZ (isnz.net)
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy Privacy Policy Innovative Shield NZ (isnz.net).
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us [and other users of our site] a limited licence to use, store and copy that content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use PolicyPrivacy Policy Innovative Shield NZ (isnz.net).
You are solely responsible for securing and backing up your content.
We do not store terrorist content.
Rights you are giving us to use material you upload
When you upload or post content to our site, you grant us the following rights to use that content:
·a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote the site or the service forever;
·a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content in accordance with the functionality of the site forever.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
Rules about linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy Privacy Policy Innovative Shield NZ (isnz.net).
If you wish to link to or make any use of content on our site other than that set out above, please contact [Contact Us Innovative Shield NZ (isnz.net)]
We only accept orders when we've checked them.
We charge you when we accept your order
All prices displayed on our website include GST, but exclude any other applicable taxes and duties and insurance/freight/delivery/handling charges not expressly included in the price. You agree to pay these items (as applicable) in addition to the price, whether they are imposed before or after your order.
Payment must be made in clear funds prior to delivery of your order unless we agree otherwise in writing. If we allow you credit, payment in full is due on the 7th day after the date of our invoice.
We can impose a credit limit on you (or refuse to allow you any credit) at any time, and alter it at our sole discretion, and may at any stage during the continuance of this Agreement request such security or additional security as we in our sole discretion think fit and may withhold supply of goods or services or credit arrangements until such security or additional security shall be obtained.
You must not withhold payment or make any deductions of any nature whether by way of set off (legal, equitable or otherwise), counterclaim or otherwise from any amount you owe us. Any default in payment shall make all money payable by you to us immediately due and we may withhold delivery of goods and/or provision of services until you provide payment of all money payable by you to us. Default in payment also entitles us to cancel any order we have accepted from you. You will not be entitled to any refund of payment for any such cancelled order.
We charge interest on late payments
Risk in goods sold to you will pass to you on delivery being the time the goods are dispatched from our premises to you, whether the goods are delivered to your address by us or uplifted from us by you or by a carrier arranged by you or us.
If any of the goods are damaged or destroyed prior to property in them passing to you, we are entitled, without prejudice to our other rights or remedies (including the right to receive payment of the balance of the price for the goods), to receive all insurance proceeds payable in respect of the goods whether or not the price has become payable under these Terms. The production of these Terms by us is sufficient evidence of our rights to receive the insurance proceeds without the need for any person dealing with us to make further enquiries.
Any date or time stated for dispatch is an estimate only and not a condition of sale.
Security Interest
Ownership of all Goods supplied to you by us will not pass on delivery, but will remain with us until we have received full payment in clear funds of all moneys you owe us. We hold a security interest in all goods supplied to you and the proceeds of any resale of the goods for payment of those moneys.
At our request, you will promptly deliver, execute or do (or cause to be executed, delivered or done) any documents, contracts, agreements, deeds or other action that we may require from time to time to give effect to these Terms, including without limitation doing all such things as we may require to ensure that the security interest created under these Terms constitutes a perfected security interest over the goods. This includes, but is not limited to, providing any information we request to complete a financing statement or a financing change statement for the Personal Property Securities Register.
Where you are in default, you agree to our entering your premises or any other place where the goods are located, or where we reasonably believes that the goods are located, and taking possession of and selling the goods. Sections 108, 109 and 120(1) of the Personal Property Securities Act 1999 (PPSA) do not apply to the extent that they are inconsistent with this clause.
You waive any right to receive a verification statement under the PPSA.
Nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these Terms. Your rights as a debtor in sections 116, 120(2), 121, 125-127, 129 and 131 of the PPSA shall not apply to these Terms.
We may issue proceedings to recover payment for the goods notwithstanding that ownership of the goods may not have passed to you.
Intellectual Property
Where we have provided or developed any copyright works or other intellectual property to or for you (IP), we retain ownership of the IP and any intellectual property rights in the IP, but upon payment of any applicable license fees for the IP we will grant you a non-exclusive, non-transferable licence to use the IP with the goods or services supplied. Where we supply you with third party IP, you agree to use such third party IP strictly in terms of the licence under which it is supplied.
We're not responsible for delays outside our control
If our supply of your product is delayed by an event outside our reasonable control, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team: Contact Us Accel Electrics to end the contract and receive a refund for any products you have paid for in advance, but not received, less reasonable costs we have already incurred.
Products can vary slightly from their pictures
You're responsible for making sure your measurements are accurate
If we're making or supplying the product to measurements you provide, you're responsible for making sure those measurements are correct. Find information and tips on how to measure on our website or contact our Customer Service Team: Contact Us Innovative Shield NZ (isnz.net).
We charge you if you don't give us information we need or do preparatory work as agreed with us
Our goodwill guarantee. We, Innovative Shield NZ (isnz.net), offer our New Zealand customers a goodwill guarantee (allowing you to change your mind and return products within 14 days after purchase) for most products bought online, which is more generous than your legal rights. This goodwill guarantee does not affect your legal rights if there is something wrong with your product.
When you can't change your mind. You can't change your mind about an order for:
·digital products, after you have started to download or stream these;
·services, once these have been completed;
·products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
·sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them;
·goods after they have been installed;
·goods that are made to your specifications or are clearly personalised; and
·goods which become mixed inseparably with other items after their delivery.
The deadline for changing your mind. If you change your mind about a product you must let us know no later than 14 days after:
·the day we deliver your product, if it is goods, for example a fence panel. If the goods are for regular delivery (for example, a subscription), you can only change your mind after the first delivery. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery.
·the day we confirm we have accepted your order, if it is for a service, for example installing a Fence or gate,
we have started providing it.
How to let us know. To let us know you want to change your mind, contact our Customer Service Team:Contact Us Innovative Shield NZ (isnz.net).
You have to return the product at your own cost. If your product is goods, for example, a fence panel, you have to return it [(and any free gifts provided with it)] to us within 14 days of your telling us you have changed your mind. Returns are at your own cost. When you send the product back to us you should keep a receipt or other evidence from the delivery service you use that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won't refund you the price.
You have to pay for services you received before you change your mind. If you bought a service (such as fence installation) we don't refund you for the time you were receiving it before you told us you'd changed your mind.
You are not entitled to a refund if you have [used or] damaged a product. If you handle the product in a way which would not be acceptable in-store, you are not entitled to a refund for that product. For example, if the product's condition is not "as new", price tags have been removed, the Innovative Shield NZ (isnz.net) packaging is damaged or accessories are missing.
If your product is a service, digital content or goods that haven't been delivered or that we're collecting from you, we refund you as soon as possible and within 14 days of you telling us you've changed your mind. If your product is goods that you're sending back to us, we refund you within 14 days of receiving them back from you (or receiving evidence you've sent them to us). We refund you by the method you used for payment. We don't charge a fee for the refund.
You can end an on-going contract (find out how)
We tell you when and how you can end an on-going contract with us (for example, for regular services or a subscription to digital content or goods) during the order process and we confirm this information to you in writing after we've accepted your order. If you have any questions, please contact our Customer Service Team: Innovative Shield NZ (isnz.net).
You have rights if there is something wrong with your product
If you think there is something wrong with your product, you must contact our Customer Service Team: Contact Us Innovative Shield NZ (isnz.net). We honour our legal duty to provide you with products that meet all the requirements imposed by law.
We can change products and these terms
Changes we can always make. We can always change a product:
·to reflect changes in relevant laws and regulatory requirements
·to make minor technical adjustments and improvements, for example to address a security threat. These are changes that don't affect your use of the product and
·to update digital content, provided that the digital content always matches the description of it that we provided to you before you bought it. We might ask you to install these updates.
Changes we can only make if we give you notice and an option to terminate. We can also make the following types of change to the product or these terms, but if we do so we'll notify you and you can then contact our Customer Service Team: Contact Us Innovative Shield NZ (isnz.net) to end the contract before the change takes effect and receive a refund for any products you've paid for in advance, but not received.
We can suspend supply (and you have rights if we do)
We can suspend the supply of a product. We do this to:
·deal with technical problems or make minor technical changes;
·update the product to reflect changes in relevant laws and regulatory requirements; or
·make changes to the product.
We let you know, may adjust the price and may allow you to terminate. We contact you in advance to tell you we're suspending supply, unless the problem is urgent or an emergency.. If we suspend supply, or tell you we're going to suspend supply, for more than [one month] you can contact our Customer Service Team:Contact Us Accel Electrics to end the contract and we'll refund any sums you've paid in advance for products you won't receive.
We can end our contract with you
We can end our contract with you for a product and claim any compensation due to us if:
·you don't make any payment to us when it's due;
·you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product;
·you don't, within a reasonable time, either allow us to deliver the product to you or collect it from us. If you have said you will collect a product ("click and collect") but you don't do this within seven days then (unless the product is made to your specifications or is clearly personalised) we treat your order as cancelled and refund the purchase price.
Other important terms apply to our contract
You can only transfer your contract with us to someone else if we agree to this. We may not agree if we are not satisfied that the transfer is to a reputable and solvent new customer.
Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.
Which country's laws apply to any disputes?
These terms of use, their subject matter and their formation, are governed by New Zealand law. You and we both agree that the courts of New Zealand will have exclusive jurisdiction.
