1General
By accessing the Website (as defined below), you agree to be bound by these terms of use (the Terms of Use ). Please review them carefully before acceptance.
We reserve the right to change these Terms of Use for legal or business reasons, and we will give you notice by posting the changes on www.concreteonline.co.nz/terms . If we amend the Terms of Use to your detriment, you can end your use of the Concreteonline Service at any time.
2Definitions
3Data Protection and Privacy
3.1Protecting your privacy is important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy as well as our use and disclosure of your information. You agree to us using your personal information as described in our Privacy Policy found at ConcreteOnline.co.nz/privacy-policy .
3.2While we take reasonable steps to ensure that the ConcreteOnline Service is reasonably secure, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any information you post, send or share using the ConcreteOnline Service may be read or intercepted by others.
3.3Please note that where we include links in the ConcreteOnline Service to the applications, website or services of third parties, we are not responsible for the privacy practices of such third parties, or the way they handle any personal information they collect about you. You should ensure you read their privacy policies carefully before using these third party websites or services.
4Proprietary Rights and Licence
4.1All trade marks, copyright, database rights, and other intellectual property rights of any nature in the ConcreteOnline Service together with the underlying software code are owned directly either by us or by our licensors.
4.2We hereby grant you a worldwide, non-exclusive, royalty-free revocable licence to use the ConcreteOnline Service for your personal use in accordance with these Terms of Use.
5Conditions of Use
5.1ConcreteOnline comprises an online platform through which we facilitate a concrete supply service via our Supplier partners.
5.2By creating an account with us you:
- Consent to us conducting verification and security procedures in respect of the information provided by you during the registration process; and
- Agree to keep your login and account details confidential and secure.
5.3You confirm that you are at least 18 years old.
5.4You confirm that all information and details you provide us are true, accurate and up to date in all respects and at all times. You can update and correct your personal details at any time through the account settings section of the ConcreteOnline Service.
5.5You will not, nor allow third parties on your behalf to:
- make and distribute copies of the ConcreteOnline Service;
- attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, or translate the ConcreteOnline Service; or
- create derivative works of the ConcreteOnline Service of any kind whatsoever.
5.6The ConcreteOnline Service is currently made available to you free of charge for your personal, non-commercial use. We reserve the right to amend or withdraw the ConcreteOnline Service in accordance with these Terms of Use at any time and for any reason.
5.7You acknowledge that the terms of agreement with your respective mobile network provider (the “ Mobile Provider ”) will continue to apply when using the ConcreteOnline Service. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the ConcreteOnline Service or for any such third party charges as may arise. You accept responsibility for any such charges that arise.
5.8If you are not the bill payer for the mobile telephone or handheld device being used to access the ConcreteOnline Service, you will be assumed to have received permission from the bill payer to use the ConcreteOnline Service.
6Availability
6.1We will use reasonable efforts to make the ConcreteOnline Service available at all times. However, you acknowledge the ConcreteOnline Service is provided on the internet and on mobile networks, so the quality and availability of the ConcreteOnline Service may be affected by factors outside our reasonable control.
6.2We, our group of companies, and our sub-contractors do not accept any responsibility whatsoever for unavailability of the ConcreteOnline Service or any difficulty or inability to download or access content or any other communication system failure that may result in the ConcreteOnline Service being unavailable.
7The Goods
7.1The Goods comprise standard design mixes. All customary construction industry tolerances will apply to the dimensions and measurements of the Goods.
7.2By placing your order you acknowledge the following:
- if you add materials or additional water to the Goods that will be at your risk. Neither we nor the Supplier will accept liability or responsibility for the resulting performance of the Goods;
- Goods are supplied to you on the assumption that you are familiar with good trade practises for concrete construction as set out in New Zealand Standard NZS3109;
- early age care of the Goods is your responsibility. If you are unsure about care we strongly recommend you take advice on appropriate techniques for early age care in your specific circumstances .
7.3The Goods are manufactured from natural materials and may produce varied shades and surface textures. We will not accept responsibility for variation in shades and surface textures caused by factors outside of the Supplier’s control.
7.4Cracking is common and to be expected to a reasonable extent. It is caused by factors outside of the Supplier’s control and neither we nor the Supplier will be liable for early aged or hard and concrete cracking or subsequent loss of function or amenity, unless it can be shown concrete compressive strength is less than levels set in NZS3104 and concrete strength is a significant cause for concrete cracking or breakdown of concrete element.
7.5Efflorescence, both white and brown, is a naturally occurring phenomenon caused by moisture movement through concrete. Responsibility for efflorescence is not accepted as it is out of the Supplier’s control.
8Charges and Payments
8.1The total charge payable for a Goods order will be the Price plus the Bond. We receive a commission, which is a percentage of the Price.
8.2All charges stated are inclusive of Goods and Services Tax. Further details (including details of our accepted payment methods) are provided prior to the point of purchase.
8.3The Bond will be returned to you via your payment method if we do not need to make a claim against it under clause 9.
8.4Payments you make via our website are processed by a PCI compliant payment gateway.
8.5By entering into a transaction using a credit or debit card you confirm that the credit or debit card being used is yours. All card holders are subject to validation checks and authorisation by the card issuer. If the card issuer refuses to authorise the payment, we will not accept the transaction. We are not required to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing your card payment in accordance with your order. If you wish to dispute any payments we take from your card, we recommend you contact us first to discuss the relevant transaction.
9Purchase Process and Delivery
9.1When you place your order you will be asked to complete the relevant details, including Goods specifications and Delivery Point, and selecting a Delivery Window.
9.2Your payment will be processed and we will send you a confirmation email with a unique order number.
9.3Delivery will be deemed to be complete once the Goods have been discharged from the delivery vehicle and risk in the Goods passes to you at that time.
9.4If no person is present at the Delivery Point at the Delivery Window, or if you or any other person fail or refuse to take delivery of the order, the order may either be left at the Delivery Point and be deemed to have been delivered at that point in time, or returned to the Supplier, in which case you will be charged for returned concrete in accordance with clause 9.8.
9.5You must ensure that the Delivery Point is easily accessible to the delivery driver, and that it is safe for the driver to enter your site (including driving on your driveway) in order to complete the delivery. The driver will have the discretion to determine whether there is safe, sufficient and suitable access. If the driver does not consider access to be adequate they may refuse delivery. It is your responsibility to provide a spotter if the delivery vehicle is required to reverse while on site. Any animals on your premises should be under control or restrained to ensure the safety of our drivers.
9.6If the Goods cannot be delivered due to unsafe, insufficient or unsuitable access (or otherwise) or if you fail or refuse to take delivery of the Goods at the Delivery Window, we may withhold the Bond. If some or all of the Goods need to be transported and/or disposed of we may withhold the Bond. If the driver is asked to leave a public road or street or paved or sealed road or street to deliver the Goods to the Delivery Point, or where safe, suitable and sufficient access is not provided you may be liable for additional costs including, but not limited to:
- any claims against the Supplier for damage to 3rd party property;
- the cost of repairs to their delivery vehicle or any other Supplier property if damaged during delivery;
- cost of recovery of the delivery vehicle;
- additional labour or transport costs incurred in such delivery.
9.7You agree to ensure that the Goods are discharged from the delivery vehicle within a reasonable time. You are allocated 10 minutes per 1m 3 for discharge. Additional costs may be applied if this time is not adhered to.
9.8Any excess quantity not discharged will incur a disposal cost, which will be claimed against your Bond.
9.9Delivery of the Goods will be done at your risk and the Supplier will be deemed to be acting as agent for and on your behalf and not as Carrier for the purposes of the Contracts and Commercial Law Act 2017.
9.10All claims for errors or short delivery must be made to the delivery driver immediately. We and the Supplier supply Goods on a best endeavours basis and will not be liable for any loss, costs, general or liquidated damages resulting from a delay in delivery of the Goods. Any stated time for delivery is an estimate only. Late delivery or failure to deliver the Goods does not entitle you to cancel any order or part order.
9.11You acknowledge that you must comply with all laws relating to the use, storage and/or disposal of any Goods, including but not limited to the Resource Management Act 1991.
10Cancellation and Rescheduling
10.1You may cancel your order via the Website up to 24 hours before the Delivery Window. If you do cancel your order, you will be entitled to a refund of 60% of the Price.
10.2You may change the Delivery Window and/or Delivery Point on at least 24 hours’ notice via the Website.
10.3Where a refund is payable the payment will be credited to your original payment method.
11Complaints
11.1If you are not purchasing Goods for business purposes, we will comply with our Consumer Guarantees Act obligations in relation to the ConcreteOnline Service.
11.2If you have any concerns about your order or your purchase you can contact our customer care staff by email and we will try to resolve your issues.
12Acceptable Use
12.1You acknowledge that the ConcreteOnline Service enables you to place purchase orders.
12.2In using the ConcreteOnline Service you agree:
- To comply with any guidelines provided or reasonable instructions issued by us from time to time in respect of your use of the ConcreteOnline Service;
- To notify us immediately if you become aware of circumstances where any intellectual property rights or any other rights of a third party have been infringed;
- To take reasonable steps to ensure your mobile device or computer contains adequate anti-virus protection;
- Not to distribute viruses or any other technologies that my harm us or the interests of any other users of the ConcreteOnline Service or otherwise interfere with or dispute our systems;
- Not to do anything to bring us or the ConcreteOnline Service into disrepute.
13Termination
13.1We may terminate your use of the ConcreteOnline Service at any time by giving notice of termination to you.
13.2You can choose to stop using the ConcreteOnline Service at any time. In addition, you may log out of your account via the account settings of the ConcreteOnline Service at any time.
13.3Upon any termination:
- the rights and licences granted to you will terminate; and
- you must cease all use of the software.
14Remedies
14.1If you breach these Terms then (without limiting any other remedy we may have), we may at our sole discretion, disable or partially disable, modify or delete any or all of your accounts, block your IP address or device from accessing the ConcreteOnline Service, or in any other lawful way partially or fully restrict your access to the ConcreteOnline Service.
14.2You agree to compensate us and keep us compensated for any loss we suffer (including financial or reputational loss) howsoever arising, as a result of your breach of the Terms.
15Disclaimers and Liability
15.1The Consumer Guarantees Act 1993 and the Fair Trading Act 1986 may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified. These Terms of Use must in all cases be read subject to those statutory provisions.
15.2To the maximum extent permitted by law, or statutory, express or implied warranties including, without limitation, the implied warranties of merchantability and fitness for any particular purpose are expressly excluded.
15.3To the maximum extent permitted by law, the viability of concrete online and respectable claims for loss, damage or injury arising from breach of any of our obligations under this agreement, and tort (including negligence), Pursuant to an indemnity, for breach of statutory duty or from any act or omission is limited, in each case and in aggregate, to the lesser of:
- replacement or repair of the affected Goods;
- payment of the actual cost of replacing or repairing the affected Goods;
- the price of the affected Goods.
15.4To the maximum extent permitted by law, and for the avoidance of doubt, we hereby disclaim all implied warranties with regard to the ConcreteOnline Service. The ConcreteOnline Service and software are provided "as is" and "as available" without warranty of any kind.
15.5In no event will we be liable for any direct, indirect, special, punitive, exemplary, or consequential losses or damages of whatsoever kind arising out of your purchase of Goods or use of or access to the ConcreteOnline Service, including loss of profit or the like whether or not in the contemplation of the parties or whether based on breach of contract, tort (including negligence), product liability, or otherwise.
15.6No action or claim arising out of the supply of Goods or your use or access to the ConcreteOnline Service, regardless of form, may be brought more than one month after you become aware, or reasonably ought to have become aware, of the circumstances giving rise to the action or claim.
15.7We are not liable to you for any damage or alteration to your equipment, including but not limited to computer equipment, handheld devices, or mobile telephones, as a result of the installation or use of the ConcreteOnline Service.
15.8The ConcreteOnline Service may include links to third party websites. We accept no responsibility for the availability, suitability, reliability or content of such third party websites and we do not necessarily endorse the views expressed in them.
16General
16.1Waiver: These Terms of Use remain in force notwithstanding any neglect, forbearance or delay in enforcement. We will not be deemed to have waived any condition unless such waiver will be in writing and such waiver will only apply to the particular transaction to which it refers.
16.2Severability: If any clause or provision of these Terms and Conditions will be held illegal or unenforceable by any judgment of any Court or Tribunal having competent jurisdiction, such clause will not apply to this Agreement. The remaining provisions of this Agreement will remain in full force and effect as if the clause or provision held to be illegal or unenforceable had not been included.
16.3Entire agreement: These Terms constitute the entire agreement between you and us and supersedes and extinguishes all previous discussions, correspondence, negotiations, drafts, agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to the ConcreteOnline Service.
16.4Assignment: You acknowledge that we may transfer our rights under these Terms (and any related claims) to any third party without having to obtain your prior consent.
16.5Rights of Third Parties: These Terms are, as appropriate, given for the benefit of, and are enforceable in terms of the contractual privity provisions of the Contract and Commercial Law Act 2017 .
17Governing Law and Jurisdiction
This Terms of Use will be governed by the laws of New Zealand. You agree to submit to the non-exclusive jurisdiction of the New Zealand courts.