This Website is owned and operated by Northern Marine Machining Ltd, T/A Helmsdale Hives (Helmsdale Hives).
In these Terms, “we” and “us” mean Helmsdale Hives and “you” means you, the Consumer or site visitor.
Access to and use of the Website and the products and services available through the Website are subject to the following Terms which may be updated by us from time to time.
1. Your acceptance
a. These are the terms on which Helmsdale Hives permits users to access and use the Helmsdale Hives website https://www.helmsdalehives.co.nz (Website) including using the services and functionality made available through the Website, viewing Content provided by Helmsdale Hives and third parties, communicating with Helmsdale Hives and reviewing product and service information.
b. You agree to be bound by these Terms by:
i. using, browsing or accessing any part of the Website; or
ii. registering as a Consumer on the Website.
c. If you do not agree to these Terms, you are not permitted to access and use this Website and you should immediately cease using this Website.
d. Helmsdale Hives may from time to time review and update these Terms to take account of new laws, regulations, products or technology. Your use of the Website will be governed by the most recent Terms posted on the Website. By continuing to use the Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms.
e. The Website is subject to change at any time without notice and may contain errors.
2. Customer registration and passwords
a. Users may browse or access the Website to review available products and services. To purchase products, you will need to register your details and log-in with a unique email and password (Password).
b. You must be aged 18 years and over to register on the Website.
c. You warrant that all information and data provided by you in the registration is accurate, complete and up to date. You will promptly inform us if there is any change to this information or data.
d. You agree that you will not disclose, or permit disclosure of, the Password to any person. You will be fully responsible for all acts and omissions of any person who accesses your account using the Password, as if they were your own acts and omissions. We will not in any event be liable for any loss, damage, claims, costs or expenses arising out of the use or misuse of the Password, and you will indemnify us against all loss, damage, claims, costs or demands in this regard.
e. You may elect to change the Password at any time using the facility provided on the Website. You must immediately notify us of any Password which is lost, inoperable or used in an unauthorised manner.
6. Access and communication
a. Subject to the consumer guarantees provided for in consumer protection legislation Helmsdale Hives does not warrant that you will have continuous access to the Website. Helmsdale Hives will not be liable in the event that the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply.
b. Helmsdale Hives does not guarantee the delivery of communications over the internet as such communications rely on third party service providers. Electronic communication (including electronic mail) is vulnerable to interception by third parties and Helmsdale Hives does not guarantee the security or confidentiality of these communications or the security of the Website.
c. Helmsdale Hives does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
d. Details contained on the Website relating to goods and services have been prepared in accordance with New Zealand law and may not satisfy the laws of another country. Helmsdale Hives does not warrant that:
i. the goods or services available on this Website; or
ii. the Website and its Content, comply with the laws of any other country. It is your responsibility to determine whether the goods or services comply with the laws of your jurisdiction.
e. If you access and use this Website or its Content from outside New Zealand or transact on this Website, you do so at your own risk.
8. Intellectual property rights
a. All intellectual property rights, including copyright and patents, in the Website, Helmsdale Hives’ goods and services, and all components of them are owned or licensed by Helmsdale Hives or any of its related entities. You must not copy, modify or transmit any part of the Website.
b. The Website contains trademarks, logos, service names and trade names of Helmsdale Hives or third parties which may be registered or otherwise protected by law. You are not permitted to use any trademarks, logos, service names, trade names or any other content or copies of the content appearing on the Website.
9. Website licence and use
Helmsdale Hives grants you a non-exclusive and non-transferable licence to use the Website for your own personal use subject to the restrictions specified in clause 11. You may not download (other than page caching) or modify the Website or any portion of the Website. Any Content that you post on the Website or otherwise provide or communicate to Helmsdale Hives will be treated as non-confidential and non-proprietary information.
10. Prohibited uses
a. Except as otherwise expressly permitted in using the Website you must not:
i. engage in any commercial activity including marketing, advertising or commercial promotion of goods or services, resale, collect and use any product lists or information for the benefit of other merchants, data mine or use robots or other data collection methods;
ii. impersonate or falsely claim to represent a person or organisation;
iii. defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
iv. post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or
v. post, link to, or otherwise distribute any information, material or item which contains a virus, trojan horse, worm or other harmful or disruptive component.
b. Unauthorised use of the Website may give rise to a claim for damages and/or may result in legal proceedings being taken against you.
c. Helmsdale Hives provides no warranties and cannot guarantee that any file, program, access or use of the Website is free from viruses, malware or other harmful technology or material which could damage or infect your data, hardware, software or other equipment. By accessing and using the Website you assume all risk in this regard and you release Helmsdale Hives from all applicable liability and responsibility.
11. Termination of your access to the Website
Helmsdale Hives may at any time immediately terminate your access (including restricting access) to the Website or any feature of the Website for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.
12. Disclaimer of warranties and limitation of liability
a. To the full extent permitted by law, Helmsdale Hives excludes all warranties, whether express or implied, including any warranties or representations concerning availability of the Website, quality, completeness, accuracy, suitability, acceptability or fitness for purpose in relation to the Website, the Content, the conduct of any users, all links to or from the Website and the goods and services listed or accessible on the Website.
b. Subject to the consumer guarantees provided for in consumer protection legislation, Helmsdale Hives excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with these Terms, the Website, the Content, all links to or from the Website.
c. Subject to the consumer guarantees provided for in consumer protection legislation Helmsdale Hives excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with the goods and services listed, accessible or made available on the Website.
You agree to fully indemnify Helmsdale Hives, its directors, officers, directors, employees, consultants, agents and affiliates in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
a. any breach of these Terms by you;
b. your access or use of the Website;
c. your communications with Helmsdale Hives or any other third party.
14. Jurisdiction and law
These Terms are governed by and must be construed in accordance with the laws of New Zealand. You submit to the exclusive jurisdiction of the courts of New Zealand in respect of all matters arising out of or relating to these Terms, their performance and subject matter.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.
17. Entire Agreement
The above Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Helmsdale Hives. Any waiver of any provision of the Terms will be effective only if in writing and signed by a Director of Helmsdale Hives.
18. Contacting us
Last updated: March 2018