Terms and Conditions
Acceptance of Terms and Conditions
Thank you for visiting Residential Fencing (the website). You acknowledge that by accessing and using the website you agree to be bound by the following Terms and Conditions (Terms). Please read these Terms carefully. If you do not accept these Terms, please refrain from using the Website. This document together with the Privacy and security page on this site govern the use of the Residential Fencing Online Service (the Facility) including shopping and participation in promotions run by Residential Fencing.
1. Other terminology back to top
In these Terms, the following words have the meanings set out as follows:
- ‘the Facility’ means Residential Fencing Online Service including shopping and participation in promotions run by Residential Fencing.
- ‘Content’ means any software, data, information, pictures, graphics and other materials published or made available on the website, including the Third Party Content and any user generated content.
- ‘Sale’ or ‘Deal’ interchangeably mean the Goods and / or Services being offered by a Merchant at a discounted rate and promoted through the website.
- ‘Purchase’ means the Goods and / or Services purchased through the website.
- ‘Blog’ means information we create about new product launches, experiences, tips, other news or opinions for viewing and sharing by users of the website.
- ‘Member’ means a user that has completed our registration process and created an account.
- ‘Merchant’ means any participating seller, vendor, trader or dealer that has agreed to make Goods or Services available to members and / or users.
- ‘Services’ means any goods or services that are offered on the Website to users or members.
- ‘Subscriber’ means a user who has signed up to receive email communications about the Goods and / or Services offered for purchase on the Website.
- ‘user’ means any user of the Website.
- ‘we’, ‘us’ and ‘our’ are a reference to ResidentiaL Systems Ltd.
- ‘you’ and ‘your’ are a reference to you
2. Prohibited uses back to top
a) You agree to use our website for lawful purposes only.
b) You agree NOT to do any of the following (either directly or indirectly) while using the Website:
- Hack into any part of the Website;
- Access without authority, interfere with, damage or disrupt:
i. any equipment or network on which our website is stored;
ii. any part of our website;
iii. any software used in the provision of our website;
iv. any equipment or network or software owned or used by any third party.
- Transmit any unsolicited advertising, promotional materials or any other forms of solicitation, unless expressly authorised by us;
- Send, knowingly receive, upload, download, use or re-use any material which does not comply with our content, contributions and moderation policy;
- Knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- Breach any applicable law or regulation;
- Engage in any other conduct that we may advise that we consider (in our absolute discretion) breaches the Terms or is otherwise inappropriate for the Website.
- Reproduce, duplicate, copy or re-sell any part of our website in contravention of the provisions of these Terms
3. Use of this service by you back to top
a) Your right to use the Facility is personal to you. You may not authorise others to use the Facility, and you are responsible for all of your own use of the Facility.
b) You may not download, modify, transmit, or otherwise use any material from the Facility for public or commercial purposes.
c) The Facility's content, information and advice is free of charge (unless otherwise stipulated). However you are responsible for your own network and connection charges
d) By using this site, you represent that you are at least the age of majority in your state or province of residence.
4. Intellectual Property back to top
- You acknowledge that any content displayed or made available through the Website is our exclusive property or used with the express permission of the copyright and/or trademark owner.
- No content may be reproduced, published or transmitted without our prior written consent. Copyright, trade mark or other intellectual property right infringement may result in civil and/or criminal penalties.
- ‘Residential Fencing’ is our trade mark. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trade marks appearing on the Website are the property of their respective owners.
5. Website Content back to top
a) We are a distributor (and not publisher) of content supplied by third parties including Merchants and other users of the Website (Third Party Content). As a result, subject to clause 12.a:
- we do not endorse, warrant or make any representation about any Third Party Content transmitted via or posted on the Website and
- you acknowledge that we have not independently verified any of the information contained in the Third Party Content;
- we take no responsibility for the Third Party Content or for any inaccuracy or omission contained in it.
b) We do not control and therefore are not responsible for any communication between you and any other user of the Website (including Merchants) that may have been initiated as a result of use of the Website.
c) The views expressed in Third Party Content may not be our views. While we will endevour to monitor Third Party Content and exercise editorial control where possible, you acknowledge that you use and rely on the Third Party Content obtained through this Website at your own risk.
d) We may at any time:
i. refuse to post any Content that we in our absolute discretion consider will breach the Terms or is otherwise inappropriate for the Website; or
ii. edit or remove Content where we determine (acting reasonably) that the Content breaches these Terms or is otherwise inappropriate for the Website.
e) Where Content has been provided by us, it has been prepared and provided free of charge and solely for informational purposes. Subject to clause 12.a, we do not warrant or make any representation about any Content we have provided for informational purposes.
f) You understand and agree that, subject to clause 12.a, any Content downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and that you will be solely responsible for any and all damage to your computer system or loss of data.
6. Changes back to top
a) We have the right at any time and without notice to remove, amend and/or vary any of the Content which appears on the Website or cease operating the Website in whole or in part.
b) We reserve the right to change, alter or modify these Terms at any time and will indicate this to you by updating the ‘last updated’ notice beside the link to these Terms. By continuing to access the Website you agree to be bound by the amended Terms. You should check from time to time to see if these Terms have changed or not.
7. Privacy and Personal Information back to top
8. Security back to top
9. Links back to top
a) The Website may include links to other websites not owned by us. If you visit a linked website you will be subject to the terms of that website and any dealing will be solely between you and that other website. These links do not imply our endorsement of that other website or product or services being advertised (as applicable) or any association with their operators unless this is specifically stated on the Website.
10.Purchasing Goods and Services back to top
a) Products displayed on the site shopping areas can be purchased using secure online MasterCard and Visa transaction facilities.
b) Your shopping address details will be filed for your next checkout.
c) We do not file your credit card details.
d) Products will be supplied by either us or a Merchant on our behalf.
e) After placing an order, you will receive an email acknowledging receipt of your order.
f) The products will be at your risk from the time of delivery.
g) Ownership of the products passes to you only when we receive full payment of all sums due in respect of the purchased products and services, including delivery charges.
11.Pricing back to top
a) All prices and delivery charges on our site are in New Zealand dollars (NZ$) and include New Zealand GST (if any). We reserve the right to alter prices and delivery charges for any reason at any time. If this should happen after you have placed an order, we will contact you prior to processing it.
b) Delivery outside New Zealand
i. If you order products for delivery outside New Zealand, the products may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of these duties and taxes.
ii. We will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under its contract with you that is caused by an event outside its reasonable control.
12.Liability back to top
a) The New Zealand Consumer Guarantees Act 1993 may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified. These Terms must in all cases be read subject to those statutory provisions.
b) Subject to the above paragraph you expressly understand and agree that we make no warranties that:
- the Website will meet your requirements; or
- the Website will operate uninterrupted, secure or error–free.
c) Subject to clause 12.a, to the fullest extent permitted by law, we exclude all responsibility and liability in relation to the Website and we will not be responsible for errors or misstatements or be liable whether in contract, tort (including negligence) or otherwise for any loss or damage however caused (whether direct, indirect, consequential, special or loss of profits). Where any such liability cannot be excluded then, subject to clause 12.a, we limit our liability to the greater of $50 or the price you have paid for your purchases.
d) Subject to clause 12.a, we exclude all responsibility in relation to the Goods and/or Services supplied under a Deal. If any issue does arise, you will have recourse directly against the Merchant.
e) Residential Fencing has no liability for any breakdown or deficiency of performance of, unavailability of, or failure of the Facility, or for any failure of Residential Fencing to comply with these Terms in the event that the failure to comply arises from any cause that is reasonably outside of Residential Fencing's control.
13.Severability back to top
a) If any portion of these Terms is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.
14.Dispute Resolution back to top
a) Where any dispute arises between you and another user of the Website (including any Merchant) you agree in good faith to use best endeavours to attempt to resolve the dispute amicably through negotiation or other informal means before pursuing any further formal action. You acknowledge that we will not be a party to any such dispute.
15.Governing Law back to top
a) These Terms are governed by and will be construed in accordance with the laws of New Zealand and you submit to the jurisdiction of the courts of New Zealand.
16.Contact back to top
If you have any questions or concerns in relation to the Website or these Terms and please contact us.