Updated as at 31st January 2023
230127.7
1. INTRODUCTION
1.1 This website is operated by R C Macdonald Limited (trading as Macdonald Steel) (“we”, “us” or “our”). These terms of use (the “Terms“) apply to your access and use of our website (and any of its subdomains).
1.2 Please read the Terms carefully. By visiting and using our website, you agree to these Terms. If you do not accept these Terms, you must immediately stop accessing and using our website. We may amend our Terms from time to time. It is your responsibility to read the Terms whenever you access our website. Your ongoing use of our website will be considered consent to our Terms as amended. By providing us with information, you will also be agreeing to our Privacy Statement (see below).
2. DISCLAIMER AND LIABILITY
2.1 While we have been careful to ensure that the content of our website is accurate, our website (and its content) is provided on an “as is” and “as available” basis. We reserve the right to withdraw, block or change our website at any time and do not make any representation or warranty (whether express or implied) in relation to the availability, reliability, accuracy, completeness or fitness for any particular use or purpose of our website. Where our website refers to any technical or other information contained in any third-party standards or publications then this should not be relied upon and you should form your own view on the applicable standards or publications (which take precedence at all times).
2.2 Your access to and use of our website (or any of its content) is undertaken at your own risk. Information transmitted over the internet is inherently insecure and there are risks in transmitting and storing data online. As such, we do not guarantee the security of your data transmitted to or from our website.
2.3 To the fullest extent permitted by law, we exclude:
(a) all liability for any loss or damage (direct or otherwise) you suffer in connection with your access to, use of or reliance on, our website, or any content on our website (including any linked websites), whether arising in contract, tort (including negligence), equity or otherwise; and
(b) all warranties and representations in relation to our website whether express, implied, statutory or otherwise.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 We own, or license from third parties, all rights, title and interest (including copyright, designs, patents, trade marks and other intellectual property rights) on our website and in all of the material (including all text, graphics and overall design) made available on our website. Use of our website does not confer on you any ownership rights in or to our website or any content (including any portion of it, including any software code underlying or forming part of our website).
3.2 We grant you a licence to access our website and view the content as set out in these Terms. You may not use, modify, copy, distribute, reproduce, download, scrape, adapt, create derivative works from or commercialise in any manner or in any form whatsoever, or store in a database or retrieval system, in whole or in part, any of the content on, accessible from, or referred to by, our website unless agreed by us in writing.
4. YOUR USE OF OUR WEBSITE
4.1 We reserve the right to prohibit links to our website and you agree to remove or cease any link upon our request. You must ensure that your use of our website complies with all applicable laws and regulations and that it does not infringe on our rights or the rights of any other person, nor restrict or inhibit any other person’s enjoyment of our website. In particular, you must not:
(a) damage, harm or breach the security of our website, or any underlying or connected network or system (including by introducing any content or code to our website which is technologically harmful);
(b) use a robot, spider, scraper or any other unauthorised automated or manual means to access, acquire, copy or otherwise monitor our website (or any of its content)); and
(c) reverse engineer, decompile, decode or disassemble any of our website (or any of its content).
5. HYPERLINKS
5.1 Our website may contain hyperlinks to third-party websites. We do not investigate or monitor links to other websites. The linked sites are provided to you only as a convenience and the inclusion of a link to those third-party websites on our website should not be taken as an endorsement of any other products or services offered from those websites, or the suitability of such websites. Your use of such hyperlinks and use of such websites is entirely at your own risk.
6. PRIVACY STATEMENT
6.1 We collect, use, store and disclose your personal information in accordance with our obligations under the Privacy Act 2020. You do not have to share your personal information with us, though it may mean we cannot provide some or all of our services to you.
6.2 We may collect personal information from you, including your name, contact information and any other personal information which you provide to us. When using our website, we collect the content of any messages or enquiries submitted through the ‘Contact’ page of our website, your IP address and we may collect information generated via cookies (see below).
6.3 We collect and use that information in connection to our business, the provision of our goods and services, to communicate with you including to let you know about our and our trusted partners’ products, events and other items if we think they are of interest to you, complete planning and administrative tasks, meet our legal requirements and manage business risk (such as debt recovery). We won’t share that information outside of our business unless required for those purposes or by law.
6.4 While we generally manage your information in New Zealand, your personal information may be securely stored or shared outside of New Zealand from time to time in line with the purposes of these terms. If we store or share your information outside of New Zealand, we will strive to ensure that it is protected by adequate security safeguards. Where relevant, you agree to us storing and sharing your information overseas.
6.5 When used, cookies are data sent by a website to your browser to help us collect and store information about your use of our website (which is aggregated and collated). Cookies:
(a) may be used to increase security, measure site traffic, undertake remarketing and advertising, and provide us information and trends relating to use of our website; and
(b) can be switched off by adjusting your web browser settings and/or deleting them from your hard drive. If you turn off your cookies, this may affect your experience with our website.
6.6 We take reasonable steps to keep your information secure including by using trusted third-party IT providers. You can request access or correction of any information we hold about you at any time, or raise a concern or dispute with us, by contacting us through the ‘Contact’ page of our website (or please call us on +64 4 472 4924).
6.7 If you have a concern we cannot resolve then you can make a complaint to the Office of the Privacy Commissioner following the process set out here.
7. GENERAL
7.1 If any provision of these Terms is held to be or becomes held to be, invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions without affecting the validity of the remainder of these Terms.
7.2 Our website may be accessed from countries outside of New Zealand and may contain references to products and/or services that are not promoted or available in those countries. If you access any of our website from locations outside New Zealand you do so at your own risk and are responsible for compliance with local laws.
7.3 These Terms are governed by the laws of New Zealand and will be construed in accordance with the laws of New Zealand and you submit to the exclusive jurisdiction of the courts of New Zealand.