Terms of Use

IMPORTANT! PLEASE READ THIS LEGAL STATEMENT CAREFULLY BEFORE USING THE NZSTEELCONNECT.COM SITE

1. Ownership
The nzsteelconnect.com website ("Site") is owned by New Zealand Steel Limited ("New Zealand Steel")

(a) Your access to and use of the Site is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Site (known collectively as the "Site Terms").

(b) Your use of and/or continued access to the Site constitute your agreement to the Site Terms. If you violate any Site Terms your right to use and access the Site automatically terminates.

(c) New Zealand Steel may amend the Site Terms at any time and with immediate effect by posting the amended Site Terms on the Site. This agreement may not be amended otherwise. You should visit this page periodically to review the Site Terms.

3. Restrictions on Use

(a) New Zealand Steel may change or discontinue any feature of the Site, including the content, hours of availability and equipment required for access, at any time without notice.

(b) You may not copy, reproduce, republish, frame, post, upload, distribute, transmit or modify in any way all or any part of the material contained on this Site, unless expressly provided for on the Site or expressly authorised in writing by New Zealand Steel.

(c) You must not transmit or attempt to transmit to this Site any data, code or other material of any kind, which contains a virus or other harmful component.

4. Privacy

(a) New Zealand Steel's Privacy Policy applies to information collected from this Site. It sets out what personal information New Zealand Steel will collect from you and how New Zealand Steel will use it, and forms part of these Terms and Conditions.

(b) By accessing the Site you are accepting the practices described in the Privacy Policy.

(a) The content of this Site, including all information such as text, graphics, images and other material ("Material"), is protected by New Zealand and international copyright law. Unauthorised use of the Material may violate these copyright laws.

(b) You may:

(i) download a single copy of the Material and where necessary for reference purposes keep a temporary copy in your computer's cache and make a single hard copy of the Material; and

(ii) make such other use of the Material as is otherwise expressly authorised on the Site.

6. Trademarks

(a) All registered and unregistered trademarks, names and logos used on the Site are used with the permission of BlueScope Steel Limited, New Zealand Steel or the relevant third party owners.

(b) Nothing contained in or displayed on the Site should be interpreted or construed as granting any licence or rights to use or distribute any names, logos or trademarks, without the express written agreement of New Zealand Steel or the relevant contributor.

7. Limitation of Liability

(a) New Zealand Steel has provided the Material on the basis that it is given in good faith, but does not represent or warrant that the Material is reliable, accurate, complete or timely. You acknowledge that the Site and Material is provided on an "as is" and "as available" basis without any warranties or conditions of any kind (other than warranties or conditions which may not lawfully be excluded), and that you use the Site and the Material at your own risk.

(b) The Sale of Goods Act 1908 and some other consumer protection legislation imply terms, conditions and warranties into some contracts for the supply of goods and services and prohibit the exclusion, restriction and modification of such terms ("Prescribed Terms"). Nothing in the Site Terms operates so as to exclude, restrict or modify the application of the Prescribed Terms, the exercise of a right conferred by any of the Prescribed Terms or the liability of New Zealand Steel for breach of a Prescribed Term (except to the extent that liability may be restricted in accordance with paragraph (g) below). Except as provided by the Prescribed Terms and the Site Terms, and to the fullest extent permitted by law, New Zealand Steel excludes and disclaims all terms, conditions and warranties express or implied in any way relating to access to, or non-access to, the Site or the use of or reliance upon the Site or the Materials.

(c) In addition, New Zealand Steel does not warrant:

(i) that the Site will operate uninterrupted or error free;

(ii) that the Site and its servers are free of computer viruses and other harmful data, code, components or other material; or

(iii) that New Zealand Steel will be able to prevent any illegal, harmful or inappropriate use, modification or alteration of the Site, or will give notice of such use, modification or alteration.

(d) You warrant to New Zealand Steel that you have not relied on any warranties, conditions or representations, which have been lawfully excluded in accordance with this clause 7.

(e) If your use of the Site or the Material results in the need for servicing or replacing equipment or data, New Zealand Steel is NOT responsible for those costs.

(f) Warranties and exclusions applying to products or services purchased from New Zealand Steel through this Site are set out in the Terms of Sale.

(g) To the fullest extent permitted by law, the liability, if any, of New Zealand Steel arising from a breach of the Site Terms is limited to, at the option of New Zealand Steel:

(i) in the case of products, the repair or replacement of the products; and

(ii) in the case of services, the supply of the services again or the payment of the costs of having the services supplied again.

(h) Other than liability which cannot be lawfully excluded, New Zealand Steel and its respective suppliers, officers, affiliates, directors, shareholders, agents and employees and any third parties mentioned on the Site will not be liable to you or any third party (and whether for breach of contract, tort, for breach of statute or on any other basis) for any loss or damage whatsoever (including any direct, indirect, incidental, special, punitive or consequential loss, loss of anticipated or actual profits, earnings or revenue, loss of business opportunities, loss of data, goodwill or contracts, failure to realise anticipated savings, damages, expenses or costs) resulting from or in connection with, directly or indirectly,:

(i) your use of or access to, or your inability to use or access, the Site and the Material, including but not limited to damages resulting from or arising from your reliance on the Site or mistakes, omissions, interruptions, errors, defects, delays in operation, non-deliverables, mis-deliveries or transmissions in or relating to the Site, or any other failure of performance of the Site;

(ii) the termination of the agreement in accordance with clause 11of these Terms of Use.;

(iii) the failure, or alleged failure, of any product purchased or transferred through the Site to conform to any specifications or terms, whether published on the Site or not;

(iv) the breach, or alleged breach, of any warranty, express or implied, relating to any such product purchased or transferred through the Site or shipment of such product; or

(v) government restriction, strikes, war, any natural disaster or event of force majeure or any other condition beyond the control of New Zealand Steel.

(i) You agree to indemnify, hold harmless and defend New Zealand Steel and its suppliers, officers, affiliates, directors, shareholders, agents and employees against all third party claims, liabilities and damages incurred or allegedly incurred by New Zealand Steel, arising directly or indirectly as a result of or in connection with your use of the Site.

8. Taxes

(a) Certain taxes and government charges may be payable in relation to the use of New Zealand Steel's services. New Zealand Steel has no responsibility for such taxes and other government charges on transactions on or in any way connected with the Site.

(b) The Terms of Sale of New Zealand Steel’s products will apply in determining whether any charges by New Zealand Steel for goods or services supplied through the Site are inclusive of any goods and services tax imposed under New Zealand law ("GST").

9. Internet Service Providers
If you are an internet service and/or access provider, and you supply the Material to your subscribers, you must not use the Site in any manner or for any purpose which is unlawful, or in any manner which violates any right of New Zealand Steel or which is prohibited by the Site Terms.

10. Hyperlinks and Third Party Material on this Site

(a) The Site contains:

(i) hyperlinks and other pointers to internet websites controlled and operated by third parties ("Linked Sites"); and

(ii) material provided by third parties, which may include breaking news, stocks, horoscopes and weather reports ("Third Party Material").

(b) New Zealand Steel is not responsible for the contents of, or any hyperlink contained in, a Linked Site or the Third Party Material, and is under no obligation to monitor or filter such material.

(c) You should not rely on the Third Party Material or the information at a Linked Site without making your own independent assessment of the information, and verifying its accuracy. Other than liability which cannot be excluded by law, New Zealand Steel is not liable for loss of any kind (whether direct or consequential) arising from the information at this Site (including Third Party Material), or a Linked Site, being inaccurate, incomplete or misleading, and is not responsible for any interpretation, opinion or conclusion you form from the information.

(d) You acknowledge that the inclusion of Third Party Material and any links from the Site does not imply any endorsement or recommendation of the Third Party Material or the Linked Site by New Zealand Steel. If you link to, or purchase any products or services from, any such Linked Site, you do so entirely at your own risk and New Zealand Steel is not a party to any such transaction.

(e) New Zealand Steel exercises no control over the quality, safety or legality of the items advertised or sold and statements made through any Linked Sites. The material on any Linked Site, including product information and prices, are the responsibility of the operator of the Linked Site. Any information contained on a Linked Site is subject to change without notice by the operator of that website.

(f) Your use of a Linked Site is subject to the terms and conditions of that site in addition to these Site Terms. To the extent that there is any inconsistency between them, these Site Terms prevail.

(g) If you have a dispute with one or more Linked Sites or Site users, to the fullest extent permitted by law, you release New Zealand Steel, and its respective affiliates, subcontractors, agents and employees from liability for any claims, demands and damages, of every nature (including without limitation, actual, special, incidental and consequential), known and unknown, disclosed and undisclosed, arising out of or in any way connected with such disputes.

11. Termination

(a) The Site Terms are effective until terminated by New Zealand Steel. New Zealand Steel may terminate this agreement and your access to the Site at any time without notice. If this happens, you are no longer authorised to access the Site.

(b) All restrictions imposed on you, disclaimers and limitations of liability set out in the Terms and Conditions will survive termination.

12. Governing Law
The Site Terms are governed by and construed in accordance with the laws of New Zealand. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand.

13. Use of Site from outside New Zealand
The information on this Site and these Site Terms have been prepared in accordance with New Zealand law, but may not satisfy the laws of other countries. If you reside in, or access this Site from, a country other than New Zealand ("User Country"), you acknowledge that:

(a) if the information and these Site Terms satisfy the laws of the User Country, then you are entitled to use and access the Site;

(b) if the information and these Site Terms do not satisfy the laws of the User Country, then this Site is not intended for your use and you are not entitled to rely on the information contained on this Site. If you do so, you agree to indemnify New Zealand Steel for any loss or damage, which any one or more of them may incur as a result.