Underground Locating Terms and Conditions
1. This agreement governs the provision of cable, pipe, structure, leak, cavity and any other underground locating services of any nature ("the services") by Briton Infrared Limited to the person or organisation named on the front of this form ("you") or should you except the services upon reviewing this document.
2. You warrant that the services are acquired by you for business purposes only.
3. You acknowledge that the services provided by Briton Infrared Limited are intended to assist in locating targets that are known to us only and/or on plans provided by service company’s. The equipment used in underground locating and detection is not designed for locating unknown underground services.
4. Any plans provided by the service companies give no more than a general guide as to the location of cables or other underground services and may have not been updated.
5. The accuracy of any equipment and procedures used by Briton Infrared can vary. You may not assume that any indicated underground services lies in the position indicated and any depth is to be considered a guideline only therefore you must confirm the position and depth of all cables and other underground services by carefully digging with hand tools or using hydro excavation.
6. Briton Infrared Limited is in no circumstances liable for any damage to or disturbance of cables or services, or for any injury, loss or other consequences of such damage or disturbance, including (without limitation)for loss of use, data, production, profit, revenue, business, contract or anticipated saving, damage to goodwill, reputation or share price, loss of customer or customer losses, loss by reason of full or partial shutdown or non-operation, or for any delay, financing costs or increase in operating costs or any economic loss or for any special, indirect or consequential loss or damage which may be suffered by you, or by any other person or organisation including (without limitation) any operator, owner, customer, service company, or subscriber, You will at all times indemnify Briton Infrared Limited against any liability for any such injury, loss or damage, and for all consequences thereof.
7. Without prejudice to the above provision, if Briton Infrared Limited should in any circumstances have any liability to you in tort, contract or otherwise in connection with the services, its liability shall be confined to damages in a maximum sum not exceeding the moneys actually paid to Briton Infrared Limited by you for the services.
8. The above protections and indemnities also apply for the benefit of all employees, officers, agents and contractors of Underground Locators Limited.
9. You acknowledge that this document contains the entire agreement between you and Briton Infrared Limited, and that no representation, warranty or other stipulation inconsistent with this document is expressed or implied on the part of Briton Infrared Limited.
Terms of website use:
1
APPLICATION OF TERMS
1.1
These Terms apply to your use of the Website. By accessing and using the Website:
a
you agree to these
Terms; and
b
where your access
and use is on behalf of another person (e.g. a company), you confirm that you
are authorised to, and do in fact, agree to these Terms on that person’s behalf
and that, by agreeing to these Terms on that person’s behalf, that person is
bound by these Terms.
1.2
If
you do not agree to these Terms, you are not authorised to access and use the Website,
and you must immediately stop doing so.
2
CHANGES
2.1
We
may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes
effect immediately. You are responsible
for ensuring you are familiar with the latest Terms. By continuing to access and use the Website,
you agree to be bound by the changed Terms.
2.2
We
may change, suspend, discontinue, or restrict access to, the Website without
notice or liability.
2.3
These Terms were last updated
on 09/05/2016
3
DEFINITIONS
In
these Terms:
including and similar words do
not imply any limit
Loss includes loss of
profits, savings, revenue or data, and any other claim, damage, loss, liability
and cost, including legal costs on a solicitor and own client basis
personal information
means information about an identifiable, living person
Terms means these terms and
conditions titled Website Terms of Use
Underlying System
means any network, system, software, data or material that underlies or is
connected to the Website
User ID means a unique name
and/or password allocated to you to allow you to access certain parts of the
Website
We, us or our
means Briton Infrared Limited
Website means www.britoninfrared.co.nz
You means you or, if clause
1.1b applies, both you and the other person on whose behalf you are acting.
4
YOUR OBLIGATIONS
4.1
You must provide true, current
and complete information in your dealings with us (including when setting up an
account), and must promptly update that information as required so that the
information remains true, current and complete.
4.2
If you are given a User ID,
you must keep your User ID secure and:
a
not permit any other person to use your User
ID, including not disclosing or providing it to any other person; and
b
immediately notify us if you become aware of
any unauthorised use or disclosure of your User ID, by sending an email to [email protected]
4.3
You must:
a
not act in a way, or use or introduce anything
(including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware
or other similar feature) that in any way compromises, or may compromise, the Website
or any Underlying System, or otherwise attempt to damage or interfere with the
Website or any Underlying System; and
b
unless with our agreement, access the Website
via standard web browsers only and not by any other method. Other methods include scraping, deep-linking,
harvesting, data mining, use of a robot or spider, automation, or any similar
data gathering, extraction or monitoring method.
4.4
You must obtain our
written permission to establish a link to our Website. If you wish to do so, email your request to [email protected]
We (and our licensors) own all proprietary
and intellectual property rights in the Website (including all information,
data, text, graphics, artwork, photographs, logos, icons, sound recordings,
videos and look and feel), and the Underlying
Systems.
6.1
To the extent permitted by
law, we and our licensors have no liability or responsibility to you or any
other person for any Loss in connection with:
a
the Website being unavailable (in whole or in
part) or performing slowly;
b
any error in, or omission from, any information
made available through the Website;
c
any exposure to viruses or other forms of
interference which may damage your computer system or expose you to fraud when
you access or use the Website. To avoid
doubt, you are responsible for ensuring the process by which you access and use
the Website protects you from this; and
d
any site linked from the Website. Any link on the Website to other sites does
not imply any endorsement, approval or recommendation of, or responsibility
for, those sites or their contents, operations, products or operators.
6.2
We make no
representation or warranty that the Website is appropriate or available for use
in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your
access to and use of the Website is not illegal or prohibited, and for your own
compliance with applicable local laws.
7.1
To the maximum extent
permitted by law:
a
you access and use the Website at your own
risk; and
b
we are not liable or responsible to you or any
other person for any Loss under or in connection with these Terms, the Website,
or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether
our liability or responsibility arises in contract, tort (including
negligence), equity, breach of statutory duty, or otherwise.
7.2
Except to the extent permitted
by law, nothing in these Terms has the effect of contracting out of the New
Zealand Consumer Guarantees Act 1993 or any other consumer protection law that
cannot be excluded. To the extent our
liability cannot be excluded but can be limited, our liability is limited to
NZD100.
7.3
To the maximum extent
permitted by law and only to the extent clauses 7.1 and 7.2 of these Terms do
not apply, our total liability to you under or in connection with these Terms,
or in connection with the Website, or your access and use of (or inability to
access or use) the Website, must not exceed NZD100
8
PRIVACY POLICY
8.1
You are not required to
provide personal information to us, although in some cases if you choose not to
do so then we will be unable to make certain sections of the Website available
to you. For example, we may need to have
your contact information in order to provide you with updates from our Website.
8.2
When you provide personal
information to us, we will comply with the New Zealand Privacy Act 1993.
8.3
The personal information you
provide to us (including any information provided if you register for an account)
is collected and may be used for communicating with you, statistical analysis,
the marketing by us of products and services to you, credit checks (if
necessary), and research and development.
8.4
We may also collect technical
information whenever you log on to, or visit the public version of, our
Website. This may include information
about the way users arrive at, browse through and interact with our
Website. We may collect this type of
technical information through the use of cookies
and other means. Cookies are alphanumeric identifiers that we transfer to your
computer’s hard drive to enable our systems to recognise your browser. If you want to disable cookies, you may do so by changing the settings on your
browser. However, if you do so, you may
not be able to use all of the functions on the Website. We use the technical information we collect to
have a better understanding of the way people use our Website, to improve the
way it works and to personalise it to be more relevant and useful to your
particular needs. We may also use this
information to assist in making any advertising we display on the Website more
personalised and applicable to your interests.
8.5
Generally, we do not disclose
personal information to third parties for them to use for their own
purposes. However, some of the
circumstances in which we may do this are:
a
to service providers and other persons working
with us to make the Website available or improve or develop its functionality
(e.g. we may use a third party supplier to host the Website);
b
in relation to the proposed purchase or
acquisition of our business or assets; or
c
where required by applicable law or any court,
or in response to a legitimate request by a law enforcement agency.
8.6
Any personal information you
provide to us may be stored on the secure servers of our trusted service
providers, which may be located outside New Zealand. This may involve the transfer of your
personal information to countries which have less legal protection for personal
information than New Zealand.
8.7
You have the right to request
access to and correction of any of the personal information we hold about
you. If you would like to exercise these
rights, please email us at [email protected]
9
SUSPENSION AND TERMINATION
9.1
Without prejudice to any other
right or remedy available to us, if we consider that you have breached these
Terms or we otherwise consider it appropriate, we may immediately, and without
notice, suspend or terminate your access to the Website (or any part of it).
9.2
On suspension or termination,
you must immediately cease using the Website and must not attempt to gain
further access.
10
GENERAL
10.2
These Terms, and any dispute
relating to these Terms or the Website, are governed by and must be interpreted
in accordance with the laws of New Zealand.
Each party submits to the non-exclusive jurisdiction of the Courts of New
Zealand in relation to any dispute connected with these Terms or the Website.
10.3
For us to waive a right under these
Terms, the waiver must be in writing.
10.4
Clauses which, by
their nature, are intended to survive termination of these Terms, including
clauses
4.5
,
5
,
6
,
7
,
10.1
, continue in force.
10.5
If any part or provision of
these Terms is or becomes illegal, unenforceable, or invalid, that part or
provision is deemed to be modified to the extent required to remedy the
illegality, unenforceability or invalidity.
If a modification is not possible, the part or provision must be treated
for all purposes as severed from these Terms.
The remainder of these Terms will be binding on you.
10.6
These Terms set out everything
agreed by the parties relating to your use of the Website and supersede and
cancel anything discussed, exchanged or agreed prior to you agreeing to these
Terms. The parties have not relied on any representation, warranty or agreement
relating to the Website that is not expressly set out in the Terms, and no such
representation, warranty or agreement has any effect from the date you agreed
to these Terms.