Terms and Conditions of CARTERS Website - www.carters.co.nz
1. Acceptance of Website Terms and Privacy Statement
1.1 Welcome to the CARTERS website — www.carters.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 CARTERS 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) CARTERS, our and we means Carters Building Supplies Limited trading as CARTERS, including its successors and assigns; and
(b) you means any user of this Website.
2. Updates to This Website and Website Terms
2.1 CARTERS 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 CARTERS 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 CARTERS does not guarantee that any information provided on this Website is accurate, complete, up to date or suitable for your intended use.
4. CARTERS Accounts
4.1 If you create a CARTERS account or register for a rewards programme, such as a CARTERS Trade Account, the CARTERS’ Advantage rewards programme or CARTERS “mates rates” card (together, CARTERS’ Accounts) you may be provided with a user name and password, which will provide you with access to your account using the relevant CARTERS’ website, such as www.carters.co.nz/trade-portal and/or www.cartersadvantage.co.nz.
4.3 You must ensure that all information that you provide when you create and use a CARTERS 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 CARTERS Account information is updated if your details change;
(c) that those individuals (including, if applicable, your employees) you authorise to access any of your CARTERS’ Accounts (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 CARTERS’ Accounts. CARTERS is under no obligation to check that any instruction or confirmation made using any CARTERS’ Account is from you or your Authorised Individuals.
4.6 You should notify CARTERS immediately, and request cancellation or temporary suspension of your CARTERS’ Accounts (Cancellation Request), if the security of a CARTERS’ Account is compromised due to your password becoming or likely to become known to an unauthorised person and/or unauthorised access to your CARTERS Account or other breach of security.
4.7 CARTERS will endeavour to block your account as soon as possible following a Cancellation Request, but you remain liable for any unauthorised transactions using your CARTERS Account.
4.8 CARTERS reserves the right to:
(a) provide invoices and statements and other trading information to you online via your CARTERS’ Accounts from time to time as your sole means of accessing that information;
(b) withdraw your access rights to any of your CARTERS’ Accounts or restrict access to the Website at any time without notice.
5.1 CARTERS’ websites operate on a secure server that has been authenticated. The information passing between your computer and the CARTERS’ servers is protected by SSL encryption technology. CARTERS may enforce or implement any security measures it deems appropriate for this Website and/or CARTERS’ Accounts at any time and may update and add security measures to this Website or CARTERS’ Accounts at its discretion at any time.
5.2 CARTERS has taken all practicable steps to endeavour to ensure that the information you transmit to CARTERS is secure, but CARTERS does not warrant or guarantee the security of any information that you transmit to CARTERS using this Website or your CARTERS’ Accounts.
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. CARTERS does not accept any responsibility for any such interference or damage.
6. Exclusion of CARTERS' Liability
6.1 To the extent permitted by law:
(a) CARTERS 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 CARTERS’ Account in trade); and
(b) in no event will CARTERS be liable under contract, tort (including negligence) or otherwise under or in connection with these Website Terms, any CARTERS’ 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 CARTERS’ Account.
6.2 You indemnify CARTERS against any claims, costs, damages, losses, liabilities, expenses or legal proceedings brought against CARTERS by any other person as a result of unauthorised access to any of your CARTERS’ Accounts and/or your breach of these Website Terms.
6.3 You acknowledge that access to this Website, including your access to any of your CARTERS’ Accounts, 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
8. Intellectual Property Rights
8.1 CARTERS 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 CARTERS 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.
9.1 All personal information provided to or collected by CARTERS in connection with your use of this Website or any CARTERS’ Accounts will be collected, stored, used and disclosed in accordance with our Privacy Statement.
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 CARTERS’ terms referred to above, constitute the entire agreement between you and CARTERS.
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 CARTERS to exercise any right shall not be deemed a waiver of that right or any other rights that CARTERS may have.
11. Contact Us
11.1 If you have any questions about these Website Terms or this Website please contact CARTERS at firstname.lastname@example.org.