October 30, 2020
1.2 Purpose of Website: The Website is aimed at companies and not consumers and contains specific information and related documentation for viewing or downloading. The information on this Website is for general information only and nothing on this Website constitutes professional advice. While we use our best efforts to keep the information and content of this Website up to date, the information on this website is not intended as a substitute for your own research and advice. The Website is directed to users located in New Zealand. Content or products and services which are available on or through our Website may not be appropriate for use or available in other locations. Argenta has the right to discontinue the operation of the Website entirely or in part at any time. This Website is provided strictly on an “as is” and “as available” basis. Use of the Website is at your own risk.
2. Information about Argenta and how to contact us
2.1 Who we are: ‘Argenta’ is the trading name of Argenta Limited (New Zealand company number 1846126), of address 2 Sterling Avenue, PO Box 75 340, Manurewa 2102, Auckland, New Zealand. Our telephone number is +64 9-250 3100.
2.3 How to contact us: You can contact us by telephoning or by writing to us at the address set out in clause 2.2 above or at email: email@example.com
4. Your use of our Website
4.1 Only lawful use permitted: You may only use the Website and the content on the Website for lawful personal purposes unless we provide express written consent.
4.2 What you must not do: You must not do any of the following:
4.2.1 use the Website or any content in any way that is unlawful, illegal or breaches our rights or any third party rights or upload or transmit any material to the Website that is inaccurate, unlawfully provided or misleading;
4.2.2 misuse our Website or use it in any way that infringes our rights or the rights of anyone else;
4.2.3 attack our Website via a denial-of-service attack or a distributed denial-of service attack, spam or introduce viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful or which restricts anyone else’s enjoyment of our Website;
4.2.4 use any robot, spider, scraping device, deep link, or any other automatic tool or algorithm, or any manual process that performs the same function, to copy or use any content or any part of the content on the Website, or to reproduce or separately store or use such content;
4.2.5 do anything that imposes an unreasonable or disproportionately large load on the Website, or interferes or disrupts the Website or any network or website connected to the Website;
4.2.6 gain or attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website or breach the security of the Website, test or scan the vulnerability of the Website;
4.2.7 crawl, frame, edit, or make any unauthorised modifications to the Website;
4.2.8 copy, reproduce, republish, adapt, upload, link, post, frame, translate, transmit, broadcast or distribute any part of the Website or any content contained on the Website;
4.2.9 post, or transmit to the Website any abusive, threatening, harassing, obscene, defamatory, discriminatory, sexually explicit, false or misleading or otherwise inappropriate material; or
4.3 What you must do: In using the Website, you agree to:
4.3.1 only provide communications, comments, messages, blogs, feedback, suggestions, questions, ideas, artwork, images, product or marketing ideas and any other submissions (any of these, a ‘Submission’) which, if an opinion, you reasonably hold, and if anything else, you own or have the right to provide to us and which does not contain any HTML code, computer script or website URLs, availability, price or alternative ordering or delivery information; and
4.3.2 not use the Website unless you are 18 years of age or older.
5. You must keep your account details safe
5.1 If you create a user account with us via this Website, you must treat your confidential information as confidential in order to keep it safe. You must not disclose that information to any other person.
5.2 If you know or suspect that anyone other than you knows your username and password and they are not authorised by you to use it, you must promptly notify us by email: firstname.lastname@example.org
6. Intellectual Property
6.2 Your rights of use: You may download and temporarily store one of more of these pages for the sole purpose of viewing on a personal computer or monitor. Otherwise you must not copy, display, modify, reproduce, store in a retrieval system, transmit (in any form or by any means), distribute, use for creating derivative works or use in any other way for commercial or public purposes any part of this Website without our prior written consent. We take our intellectual property rights seriously and will enforce our rights to the fullest extent permitted by applicable law. You must not use any part of the content on our Website for commercial purposes without first obtaining a written licence to do so from us or our licensors. You may draw the attention of others to our Website (but you must not modify any printed or digital copies of any pages of our Website or use any illustrations, photographs, trade marks, video or audio sequences or any graphics separately from any accompanying text). Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged by you.
7. Links to and from other websites of third parties and our Website
7.1 Links for information only: Where our Website contains links to other websites, plugins, applications or resources provided by third parties, these links are provided for your information only and are not any indication of approval or endorsement by us of those linked websites or information that you may obtain from them. We have no control over the content or its accuracy of those other websites, plugins, applications or resources, or the quality of the products and services offered on them and we are not responsible for them of that such material does not infringe the rights of any person. If you choose to visit these third party websites you do so at your own risk and should make your own enquiries before relying on any content contained on them.
7.2 Your links to our Website: You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take unfair advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part of you or any third party unless we have prior agreed to that in writing. We reserve the right to withdraw linking permission without advance notice to you.
8. Circumstances beyond Argenta’s reasonable control
8.1 Argenta will make every effort to perform its obligations under the contract. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible.
9. Limitation of liability
9.1 No warranties for certain items: You use the internet and the Website at your own risk. We do not warrant or guarantee:
9.1.1 that access to the Website will be uninterrupted or error free;
9.1.2 that any defects on the Website will be corrected immediately; or
9.1.3 that the Website will be free from viruses or bugs or other contamination or that it is secure.
To the extent permitted by applicable law, we reserve the right to interrupt or discontinue any or all of the functionalities of this Website at any time. We accept no responsibility whatsoever for any interruption or discontinuance of any or all functionalities of this Website, irrespective of whether this is the result of actions or omissions by us or one of our affiliates or of a third party, except to the extent that you suffer damage, loss or expense directly and solely as a result of a breach by us of applicable consumer laws cause by our negligence or wilful misconduct.
Without limiting the foregoing, the Website is provided “as-is” and Argenta, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the products and service will meet your requirements; that they will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Website is free of viruses or other harmful components. The Website may become inaccessible or it may not function properly with your web browser, mobile device, and/or operating system. You are responsible for any perceived or actual damages arising from your use of the Website content or operation. Any content downloaded or otherwise obtained through the use of the Website is downloaded at your own risk and you are solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Website.
9.2 No endorsement: We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website or service, and we are not a party to or in any way monitor any transaction between you and third-party providers of products or services.
9.3.1 any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Website; and
9.3.2 any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Website or User account or the information contained therein;
9.3.3 any errors, mistakes, or inaccuracies of content;
9.3.4 personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Website;
9.3.5 any unauthorized access to or use of Argenta’s secure servers and/or any and all personal information stored therein;
9.3.6 any interruption or cessation of transmission to or from the Website;
9.3.7 any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Website;
9.3.8 any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Website;
9.3.9 the defamatory, offensive, or illegal conduct of any user or third party; or
9.4 Website may not be up to date: Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date, except for those warranties, representations or guarantees contained or referred to in the Consumer Guarantees Act 1993 (New Zealand), or that may not otherwise be legally excluded.
9.5 User opinions are not our opinions: The views expressed in any user generated content on our Website are the opinions of those users and do not represent our views, opinions, beliefs or values or any of our group companies.
9.7 Prices and Descriptions: We have taken reasonable precautions to try to ensure that any prices quoted on our Website are correct and that all products and services have been fairly described. However, when ordering products or services through our Website:
9.7.1 orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this Website;
9.7.2 all prices are displayed in New Zealand currency and show New Zealand local taxes only here applicable unless expressly indicated otherwise;
9.7.3 packaging may vary from that shown on our Website;
9.7.4 weights, dimensions and capacities shown on our Website are approximate only;
9.7.5 whilst we try to display the colours of our products accurately on our Website, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery; and
9.7.6 all items are subject to availability. We will inform you as soon as possible if the product(s) or service(s) you have ordered are not available and we may offer alternative product(s) or service(s) of equal or higher quality and value.
9.7.7 The exclusions and limits of liability apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.
10. Your indemnity of us
10.1 To the extent allowed by applicable law, you agree to indemnify us and keep us indemnified and held harmless (including all of Argenta’s subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees) from and against:
10.1.1 any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, against any of Argenta or any of their subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees which are arising from or connected to made by any third party due to or in relation with:
10.1.2 your use of or connection to the Website including any data or content transmitted or received by User;
10.1.4 your infringement of any third-party rights;
10.1.5 your breach of any statutory law, rule, or regulation;
10.1.6 your Submissions;
10.1.7 any third party access or use with your unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information; or
10.1.8 your wilful misconduct.
11. Terminating your use
11.1 Without prejudice to any other rights or remedies that we may have, we reserve the right in our absolute discretion to:
11.1.4 disable any user account at any time;
12. Invalidity and Waiver
12.2 In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
12.4 Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent.
12.6 Entire agreement
13. Governing law and jurisdiction
14. Assignment of contract
16. Terms specific to European Union and European Economic Area Residents who are Consumers
16.1 If you are a European Union or European Economic Area consumer and you have your habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.
17. Terms specific to Australia
18. Terms specific to United States of America
18.1 To the maximum extent permitted by applicable law, the Website is provided “as-is” and Argenta expressly disclaims all conditions, representations, and warranties whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Website will create any warranty not expressly stated herein.