Terms of Use

The website www.ardex.co.nz (this Website) is owned and operated by ARDEX New Zealand Limited (ARDEX New Zealand, we, us, or our).  Your use of this Website is governed by these terms of use (the Terms of Use).  By accessing and/or using this Website you acknowledge that you have read and agreed to the Terms of Use.

All information and content on this Website is subject to change.  We will endeavour to keep this Website up to date.

Disclaimers

The information on this Website is for your general information only.  While we have endeavoured to ensure that the material on this Website is free from error, we do not warrant the accuracy, adequacy or completeness of that material or that the material is suitable for your intended use.  Before acting on the material on this Website, you should either seek independent advice or rely on your own judgement.  Any advice, opinion or information is given to assist the use of our products on the basis that you will ensure its suitability for the application intended.

Although we have endeavoured to make colours on the screen as close as possible to the ones we supply we accept no responsibility for the accuracy of the colour match. In particular, colours may vary depending on your screen settings and resolution. In case of doubt, you should check the products before application. We do not guarantee access to this Website or the content on this Website, or that your access will be uninterrupted, timely, and secure, or error or fault free, or that this Website or the server that makes it available is free of any virus or other harmful elements.

Limitation of liability

You use this Website and the content on this Website at your own risk.  To the maximum extent permitted by law:

  • all warranties, representations and guarantees in relation to this Website and its content (whether express, implied or statutory) are excluded; and
  • except to the extent stated in these Terms of Use or otherwise agreed in writing, we will not be liable to you for any damage, loss or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you, directly or indirectly, in connection with your access to or use of (or inability to access or use) this Website or its content (whether in contract, tort (including negligence) or otherwise).

ARDEX New Zealand and you agree that where you are accessing this Website for the purposes of trade, having regard to all relevant circumstances, it is fair and reasonable that (i) the Consumer Guarantees Act 1993 and (ii) sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 do not apply to such access to the extent permitted by law.

Intellectual property

We are either the owner or licensed user of the copyright and all other intellectual property rights in this Website, and all of the information, resources, materials and other content found on this Website.  All rights are reserved.

You may access, view, copy and store the content found on this Website for your personal use only.  Otherwise you must not copy, display, reproduce, distribute, modify or use in any other way for commercial or public purposes any part of this Website without our prior written authorisation.

Links to other websites

Any links to third party materials or websites on this Website are provided for your convenience only.  Unless clearly stated otherwise, we are not responsible for, and do not endorse, the accuracy or completeness of those third party materials or websites.

You are solely responsible for and assume all risk associated with any use or reliance placed on third party materials or websites.

Cookies and analytic tools

We may use cookies in connection with this Website.  A cookie is a small file that resides on your computer and can be used by a website to remember things like your preferences for that site.  We do not use cookies to collect any personal information about you, although we may collect non-attributed (anonymous) information regarding your use of our website.

Some web browsers enable you to disable cookies while you are using this Website.  If you use this function you will still be able to visit this Website but some pages may not fully function and you may not be able to access certain information on this Website.

To improve our Website and products and services, and to better understand visitor behaviour on our Website, we may collect statistical information about your visit and use patterns and other meaningful information gathered from website analytics tools.  This information is aggregated and doesn’t identify you personally.

Privacy and personal information

We deal with all personal information we collect about you through this Website in accordance with our Privacy Policy, available here: https://www.ardex.co.nz/privacy-policy.

Changes

We may at any time vary the Terms of Use by publishing a varied Terms of Use on this Website.  By continuing to access this Website, you agree to be bound by the varied Terms of Use.

Jurisdiction

This Website and these Terms of Use are governed by New Zealand law.  You submit to the non-exclusive jurisdiction of the courts of New Zealand in relation to all matters or disputes arising out of or in connection with this Website and/or these Terms of Use.

General

Our failure or delay in exercising or enforcing any right or provision of these Terms will not operate as a waiver. A finding that any provision of these terms is invalid or unenforceable will not affect any other part of these Terms. You cannot assign your rights under these Terms to any third party, except with our prior written consent.

 

Updated on 13 April 2021.