DEFINITIONS

In the Terms and Conditions and Privacy Policy set out below:

AUTEX and we, our or us mean AUTEX INDUSTRIES LIMITED and includes The AUTEX Group;

AUTEX Group means all subsidiaries of AUTEX INTERNATIONAL LIMITED and includes AUTEX INDUSTRIES LIMITED, AUTEX PROPERTIES LIMITED and any other subsidiary;

Newsletter means any written communication that we may send to you (and includes other communications, not only a newsletter), whether by way of electronic communication, hard copy or otherwise;

Privacy Policy means the Privacy Policy set out below;

Terms and Conditions means the Terms and Conditions set out below;

Site means our website www.autex.co.nz and is owned by AUTEX INDUSTRIES LIMITED;

User, you and your mean any user of or visitor to our Site, as applicable.

TERMS AND CONDITIONS

Use of Site and Changes

1. Access to and use by you of this Site constitutes your acceptance of these Terms and Conditions. By using this Site you are deemed to have accepted our Terms and Conditions, current at the time, from the date on which you first use this Site.
2. These Terms and Conditions apply to any User of the Site, whether a visitor, a retailer, a wholesaler, a trader or otherwise. If you do not accept these Terms and Conditions then you must refrain from using the Site.
3. You agree to take responsibility to use the internet and our Site with courtesy and responsibility and be familiar with and practise good etiquette, as deemed by us.
4. These Terms and Conditions may change or be updated from time to time. It remains the responsibility of the User to access and check these Terms and Conditions whenever you access the Site. The latest version of these Terms and Conditions will govern any future usage by you of the Site.
5. We reserve the right to amend, change or update any information on the Site, including our Terms and Conditions, at any time and without prior notice. You should regularly familiarise yourself with our current Terms and Conditions, by which you are bound. By continuing to use the Site and by continuing to receive our Newsletter, you are deemed to have accepted the information on the Site and the Terms and Conditions as amended, changed, updated and current at the time.

Contents and Accuracy of Information on the Site

6. The Site is intended to facilitate a general introduction to AUTEX. The Site’s contents should not be used as a basis for entering into contractual arrangements. Specific technical data on products and their suitability can be obtained from our technical data sheets and/or by contacting us directly.
7. All reasonable efforts will be taken to ensure that the information on our Site is accurate; however, no liability shall attach to us in the event of a mistake or error. You acknowledge that you arrive at your own decision regarding products, services and information contained on the Site and do not rely on any statement or representation made by us. We do not accept any responsibility or liability for any action you take in reliance on any contents or information on our Site.
8. We may change the content, products and/or services described on the Site at any time without prior notice. We will aim to correct any error or inaccuracy that is brought to our attention within a reasonable time.

Intellectual Property and Trademarks

9. AUTEX (and its licensors if relevant) owns all proprietary and intellectual property rights in the Site, including but not limited to text, graphics, logos, icons and sound recordings and the software and other material underlying and forming part of our products and services and the Site. A User may not without our prior written consent, in any form or by any means:
   1. Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of the Site; and/or
   2. Commercialise, copy or onsell any information or items obtained from any part of the Site.
10. All content on the Site owned by us (or any other provider approved by us) is protected by the applicable intellectual property and proprietary rights and laws. No use of this Site’s content is permitted without the express prior written consent of AUTEX, and where applicable, the intellectual property right holder. Enquiries and permission requests may be sent to us at .
11. For a list of our trademarks or registered trademarks of AUTEX and/or its subsidiaries both in New Zealand and in other jurisdictions, see below.

Links to Third-Party Sites

12. The linked sites are not under the control of AUTEX and we are not responsible for and make no representations regarding the content of any linked site or any link contained in a linked site, or any changes or updates to such sites. We provide these links to you for your convenience only. The inclusion of links on our Site does not imply endorsement by us of any of those sites.

No Warranties

13. We will use our reasonable efforts to maintain an accurate and complete Site; however, we do not guarantee continuous operation and accuracy of the Site or availability of our products or services or integrity of the data stored or transmitted via the Site, internet or any other services.
14. To the fullest extent permitted by law, all warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limit, suitability, fitness for purpose, accuracy or completeness of the Site or its content.

Liability and Indemnity

15. You acknowledge and agree that your use of this Site and/or our products are at your own risk. We are not liable for direct, indirect, special, incidental, consequential, punitive or exemplary damages of any kind, including those arising from lost data, lost business, lost profits, injury, claim, liability, damages or failure of security resulting in any way from the use of the Site and/or our products and services, whether foreseeable or not. Termination of your contractual relationship with us shall be the sole and exclusive remedy for any damages or injury suffered by you.
16. You indemnify and hold us, our subsidiaries, affiliates, officers, employees and contractors harmless from any liabilities, claims, expenses or demands including legal fees and costs made by any third party due to or arising out of:
    1. Your use or misuse of the Site; and/or
    2. A violation of laws, rules, regulations or terms in these Terms and Conditions.

Consumer Legislation

17. The Consumer Guarantees Act 1993 applies to consumers (as defined in the Consumer Guarantees Act 1993) only, and as such does not apply to businesses. You acknowledge and agree that our Site and its contents are intended to be used by our Customers, Traders and Retailers for business purposes and therefore, the New Zealand Consumer Guarantees Act 1993 will not apply.

New Zealand Courts and Disputes

18. These Terms and Use and any matter or dispute connected with this Site shall be governed by the laws of New Zealand and you hereby submit to the non-exclusive jurisdiction of the Courts of New Zealand.
19. Any disputes arising as a result of the Site will initially be dealt with through mediation.
20. Nothing prevents any party from approaching the Courts of New Zealand for injunctive relief.

Information About You

21. We may collect information from you directly when you access or use our Site. This may include you indicating that you wish to receive our Newsletter and/or to be placed on our email list(s). You agree that we may use this personal information to assist us in providing services to you, to undertake internet research verifying identity, and/or promoting and marketing other products of AUTEX to its Users.
22. By agreeing to these Terms and Conditions you give your consent to the way we may handle your personal information under our Privacy Policy (see below).
23. You warrant that you have provided complete, accurate and current information required by us and you have due authority to enter into these Terms and Conditions.
24. All information will be collected and held in accordance with the provisions of the Privacy Act 1993. You may access or request changes be made to the information that we hold about you by emailing a request to . You may ask to be removed from our Newsletter recipients’ list and/or email list(s) at any time. We are happy to discuss any concerns that you may have in providing the information that we require. For more information, see our Privacy Policy below.

Termination

25. We reserve the right to terminate a User without entering into further discussions with that User. Examples of when we may terminate a User are:
    1. If a serious complaint or multiple complaints are received about the User;
    2. If the User breaches these Terms and Conditions;
    3. If we, at our sole discretion, deem the User’s behaviour to be unacceptable.

New Zealand Dollars and GST

26. All prices shown on the Site are in New Zealand dollars and are, unless otherwise stated, exclusive of Goods and Services Tax.

General

27. These Terms and Conditions constitute the entire understanding and agreement between you and us and supersede any and all prior oral and written communications on the subject matter contained in them.
28. If any provision in these Terms and Conditions is held invalid, then such provision (to the extent that it is invalid) is deemed severed from these Terms and Conditions and the remainder shall not be affected.
29. No representation made by us, our marketers, agents and employees or other persons so authorised by us shall be binding upon us if it is made:
    1. Before your use of our Site and is not included in these Terms and Conditions; or
    2. Subsequent to the date of first use by you of our Site and not in writing.

TRADEMARKS

Autex, BaffleBlock, Fibreblock, AquaShield, Autex Reline, Composition, DreamMaker, DryLife, DuctStuf, Eco Wrap, ExpoTile, FastFix, Fibrefoam, Freight Guard, GreenStuf, Healthwise, High Country, Mode, Piazza, Poly Fleece, Proudly made in New Zealand, Quietspace, Quietstep, QuietStuf, Reline, Silvex, Sound Solution, Thermofleece, Traffic, Urbane, Vertiface

PRIVACY POLICY

Background

We may collect information about Site users. This information can be personally identifiable information or aggregated data. We want to ensure that you understand the terms and conditions relating to the way in which we collect information and the use of that information. This Privacy Policy tells you about what information we collect, what we do with it and your rights to view, correct or change it.

The Information We Collect

1. All information will be collected and held in accordance with the provisions of the Privacy Act 1993.
2. AUTEX operates the website www.autex.co.nz. As part of our operations we may gather certain types of information about the users of our Site, including:
   1. Personally Identifiable Information. This is provided by you when you register for services that we may offer. Examples of these services could include Newsletters or competitions. Providing this information will always be optional. However, some services may not be available to you if you choose not to provide the required information.
   2. Aggregated Data. This information is generated by our systems as they track traffic through our Site. This information does not identify you personally and is not linked to the personally identifiable information that you may have provided.

Who We Share This Information With

3. We will not sell your personal information or allow third parties to access itwithout your consent. We release personal information only when we believe the release is required to:
   1. Comply with law (including facilitating court proceedings);
   2. Enforce or apply our Terms and Conditions and this Privacy Policy;
   3. Protect the rights, property or safety of AUTEX, our Users or others; or
   4. Meet requests by Government agencies (such as Police or Inland Revenue Department) to enable them to fulfil statutory roles; however, the User may ask us whether any information has been provided to such Government agencies.
4. We have collected this information in order to provide the best possible service to you while you are visiting our Site. To this end we may use the information that you provide for the following purposes:
   1. To help provide any services that you have requested;
   2. To offer the most relevant information suitable to you and your interests;
   3. For any marketing, promotional, publicity, direct marketing or market research (including monitoring or analysing market trends) that we or our agents may undertake;
   4. For any other purpose for which you have given permission.

About Cookies

5. A cookie is a small file that resides on your computer and is recognised by our server when you visit our Site. A cookie does not provide us with any personally identifiable information. It does provide details of your IP address, the computer platform that you use (e.g. Mac or Windows), the browser that you use (e.g. Microsoft Explorer or Netscape) and what domain you are accessing our Site from. With this information we can do the following:
   1. Track traffic patterns to our Site;
   2. Ensure that the most relevant content is being shown.
6. If you would rather we did not use cookies with you, you can refuse them by turning them off in your browser and/or deleting them from your hard drive. You will still be able to visit our Site.

About Other Websites

7. This Privacy Policy relates only to our Site. You should be aware that we are not responsible for the practices of our advertisers or business partners. Our Site may contain links to other sites. You should check their privacy policies before providing personally identifiable information to them or any other third party.

Opting In and Opting Out

8. You will always have the option to opt in or opt out of any services we may offer, at any stage. This means you may change your mind at any stage about participating in any of our services.

We Can Change this Privacy Policy

9. In order to reflect the fact that our business is growing constantly, we reserve the right to change this Privacy Policy at any time. By using our Site, you agree to be bound by the latest version of the Privacy Policy.

Your Right to Access Your Information

10. The Privacy Act of 1993 gives you the right to access and correct the information you have provided to us. You can do this by emailing your request to and you may ask to be removed from our Newsletter recipients’ list or email list(s) at any time. We are happy to discuss any concerns that you may have about providing the information that we require. For further information regarding the information that we hold about you, you may contact us at:
    
    Autex Industries Ltd
    702-718 Rosebank Road
    Private Bag 19988
    Avondale 1746
    Auckland
    New Zealand
    
    Phone: +64 9 828 9179
    Fax: +64 9 828 5810
    Email: