Terms and conditions of LivSpace website - www.livspace.co.nz
1. ACCEPTANCE OF WEBSITE TERMS AND PRIVACY STATEMENT
1.1 Welcome to the LIVSPACE website — www.livspace.co.nz (Website). Access to and use of this Website is subject to the terms and conditions set out and referred to below and the LIVSPACE PRIVACY STATEMENT (Privacy Statement), each as amended from time to time (together the Website Terms). Please read the Website Terms carefully each time you visit this Website.
1.2 By accessing and using this Website you are deemed to confirm that you have read, understood and agreed to be bound by the Website Terms. If you do not agree to any part of the Website Terms, you must not access, or must immediately stop accessing, this Website.
1.3 In these Website Terms:
a. LIVSPACE, our and we means Carters Building Supplies Limited trading as LIVSPACE, including its successors and assigns; and
b. you means any user of this Website.
2. UPDATES TO THIS WEBSITE AND WEBSITE TERMSs
2.1 LIVSPACE may amend the Website Terms at any time by publishing updated Website Terms on this Website. Please check the Website Terms published on this Website periodically for changes. By continuing to use this Website after the Website Terms have been updated, you are deemed to confirm that you have read and agreed to the updated Website Terms.
2.2 LIVSPACE may change the format, content and/or functionality of any part of this Website at any time.
3. INFORMATION PROVIDED ON THIS WEBSITE
3.1 All statements, technical information and recommendations contained on our Website are provided for general information purposes only. They are provided on the basis that you will evaluate each product to determine:
a. whether it is fit for a particular purpose and suitable for your method of application; and
b. precautions that may be required for the protection of property and persons against any hazards that may be involved in the handling and use of any products.
3.2 The information on this Website is not intended to be a substitute for commercial judgement or professional advice and LIVSPACE does not guarantee that any information provided on this Website is accurate, complete, up to date or suitable for your intended use.
4. LIVSPACE ACCOUNTS
4.1 If you create a LIVSPACE account or register for a rewards programme, (such as a Carters Trade Account and/or Carters Building Supplies Limited Advantage rewards programme), you may be provided with a user name and password, which will provide you with access to your account using the relevant website.
4.2 In addition to these Website Terms, we may notify you of specific terms of use that apply to your LIVSPACE accounts (Specific Terms). For example, any online trading using this Website and/or your LIVSPACE accounts, including, without limitation, the sale and purchase of products and services will be subject to, as applicable, Carters Building Supplies Limited credit policy, LIVSPACE STANDARD TERMS AND CONDITIONS OF SALE and any other applicable terms and conditions. If there are any inconsistencies between these Website Terms and any applicable Specific Terms, the Specific Terms will apply.
4.3 You must ensure that all information that you provide when you create and use a LIVSPACE account is accurate, up to date and not misleading. You must not transfer your account to another user.
4.4 You are responsible for ensuring:
a. that your login name and password are kept secure and confidential at all times;
b. your LIVSPACE account information is updated if your details change;
c. that those individuals (including, if applicable, your employees) you authorise to access any of your LIVSPACE account (Authorised Individuals) also maintain the security of your login name and password.
4.5 You are responsible for any commitments or actions made using your LIVSPACE account. LIVSPACE is under no obligation to check that any instruction or confirmation made using your LIVSPACE account is from you or your Authorised Individuals.
4.6 You should notify LIVSPACE immediately, and request cancellation or temporary suspension of your LIVSPACE account (Cancellation Request), if the security of your LIVSPACE account is compromised due to your password becoming or likely to become known to an unauthorised person and/or unauthorised access to your LIVSPACE account or other breach of security.
4.7 LIVSPACE will endeavour to block your account as soon as possible following a Cancellation Request, but you remain liable for any unauthorised transactions using your LIVSPACE Account.
4.8 LIVSPACE reserves the right to:
(a) provide invoices and statements and other trading information to you online via your LIVSPACE account from time to time as your sole means of accessing that information;
(b) withdraw your access rights to your LIVSPACE account or restrict access to the Website at any time without notice.
5. SECURITY
5.1 LIVSPACE’S website operates on a secure server that has been authenticated. The information passing between your computer and the LIVSPACE servers is protected by SSL encryption technology. LIVSPACE may enforce or implement any security measures it deems appropriate for this Website and/or LIVSPACE account at any time and may update and add security measures to this Website or LIVSPACE account at its discretion at any time.
5.2 LIVSPACE has taken all practicable steps to endeavour to ensure that the information you transmit to LIVSPACE is secure, but LIVSPACE does not warrant or guarantee the security of any information that you transmit to LIVSPACE using this Website or your LIVSPACE account.
5.3 You are responsible for taking your own measures to reduce the risk of viruses or other forms of interference damaging your computer system. LIVSPACE does not accept any responsibility for any such interference or damage.
6. EXCLUSION OF LIVSPACE’S LIABILITY
6.1 To the extent permitted by law:
(a) LIVSPACE expressly excludes all warranties, conditions and representations, whether express, implied or statutory relating in any way to this Website, its content or its use (provided that nothing in these Website Terms is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 if you are not using this Website and/or a LIVSPACE account in trade); and
(b) in no event will LIVSPACE be liable under contract, tort (including negligence) or otherwise under or in connection with these Website Terms, any LIVSPACE account and/or your access to, use of, inability to use or reliance on this Website, any information contained in or accessed through this Website or any LIVSPACE account.
6.2 You indemnify LIVSPACE against any claims, costs, damages, losses, liabilities, expenses or legal proceedings brought against LIVSPACE by any other person as a result of unauthorised access to your LIVSPACE accounts and/or your breach of these Website Terms.
6.3 You acknowledge that access to this Website, including your access to your LIVSPACE account, is provided at no charge and accordingly the exclusions of liability and indemnity set out in this clause are fair and reasonable.
7. THIRD PARTY WEBSITES
7.1 All links and references to other websites on this Website are not part of this Website and are provided for convenience only. The provision of a link to a third-party website does not imply LIVSPACE’S agreement to or endorsement of any of the information contained on the third party website or otherwise imply any association with the third party. Third party websites may have different terms of use and privacy statements, which you should review before using the third-party website. If you link this Website to your website, you must remove the link at LIVSPACE’S request.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 LIVSPACE owns or has obtained a valid licence to use all copyright, trademarks and other intellectual property rights used in this Website and all such intellectual property rights will remain solely with LIVSPACE and/or its licensors (as the case may be).
8.2 Other than a single copy for private and non-commercial use, no part of this Website may be distributed, copied or incorporated in any document or publication, whether in hard copy, electronic or any other form.
9. PRIVACY
9.1 All personal information provided to or collected by LIVSPACE in connection with your use of this Website or any LIVSPACE account will be collected, stored, used and disclosed in accordance with our PRIVACY STATEMENT.
10. GENERAL
10.1 This Website has been designed and developed for a service within New Zealand and is not intended for viewing or use by visitors outside of New Zealand. If you access this Website from outside New Zealand you are responsible for compliance with any applicable laws of that jurisdiction. All amounts stated are in New Zealand dollars.
10.2 These Website Terms are governed by and construed in accordance with the laws of New Zealand and you submit to the exclusive jurisdiction of the courts of New Zealand.
10.3 These Website Terms, including the Privacy Statement and LIVSPACE’S Specific Terms referred to above, constitute the entire agreement between you and LIVSPACE.
10.4 If any provision of these Website Terms is found to be unenforceable or invalid, that provision will be limited or removed to the minimum extent necessary so that these Website Terms will otherwise remain in full force and effect. The failure of LIVSPACE to exercise any right shall not be deemed a waiver of that right or any other rights that LIVSPACE may have.
11. CONTACT US
11.1 If you have any questions about these Website Terms or this Website please contact LIVSPACE at hello@livspace.co.nz.