Website Terms of Use
1. Binding terms
By accessing and using www.crane-brothers.com (Website), all users (Users) agree to be legally bound by these terms of use (Terms).Any User that does not agree to these Terms is not authorised to access and use the Website and must immediately and completely cease doing so.
2. Use of the Website
Users may only use the Website strictly in accordance with these Terms.All rights not expressly granted to Users in these Terms are expressly reserved by Crane & SonsLimited (NZCN 1039614) (Crane Brothers).
3. Responsibility
Each User will be responsible for all activity that occurs through its use of or engagement with the Website.
4. Content
Crane Brothers reserves the right to remove or alter any content posted on the Website, whether it considers (in its sole discretion) it to be offensive, objectionable, unlawful or otherwise.
5. Log In Accounts
Users may create a log in account with Crane Brothers via the Website (Log In Account), provided that the following provisions are duly complied with:
(a) Upon creating a Log In Account, all Users agree to provide true, accurate, current and complete information about themselves as prompted by the Website, and to promptly notify Crane Brothers of any changes to such information in order to ensure that it remains true, accurate, current and complete.
(b) Users will be responsible and liable for all use of the Log In Account at all times (including all data submitted or provided by them).
(c) Each User must create a unique username and a password for their Log In Account.
(d) Each User is solely responsible for maintaining and safeguarding access to their Log In Account.Should a User suspect that its Log In Account has been compromised, breached or used without permission, it is the User’s sole responsibility to take immediate action to protect its Log In Account.In addition, the User must immediately notify Crane Brothers, who will be entitled to take such action as it considers appropriate (which may include, without limitation, closing the Log In Account or changing the username and/or password).
(e) A Log In Account will be deemed to be inactive (unless determined otherwise by Crane Brothers) if there has been no successful login to the Log In Account for a continuous 12 month period.Inactive Log In Accounts may be deleted by Crane Brothers without notice and in its sole and absolute discretion.
(f) Upon deletion of any Log In Account, any stored information may be lost and may become permanently unrecoverable.
(g) Each time a Log In Account is accessed with the User’s username and password, Crane Brothers may:
(g.i) act on any instructions given to it or transactions initiated via the Website; and
(g.ii) allow access to the Log In Account, whether or not the person using the username and password is authorised to issue or initiate the instructions or transactions or access the Log In Account. Crane Brothers need not and will not make any further inquiries to verify the authorisation, instructions or transactions or any access to the Log In Account and will assume that the User has properly authorised all access to the Log In Account.
(h) A password for a Log In Account must be kept private and confidential at all times and the security of any such password is solely the responsibility of the User.
(i) Crane Brothers reserves the right to terminate or suspend a Log In Account at any time without any requirement to give prior notice to the User and may refuse to provide its products and/or services for any reason and at any time.
6. No illegal use
No User may use the Website for any illegal or unauthorised purpose, or post any information or data that is in breach of any confidentiality obligation, copyright, trade mark or other intellectual property or proprietary rights of any person or entity.
7. No malicious use
Users must not use the Website for any malicious means or abuse, harass, threaten, intimidate or impersonate any other User.
8. Interference with the Website
Users must not introduce (or cause the introduction of) any virus, spyware or other similar feature that in any way compromises or may compromise the Website.
9. Accessing the Website
Users may only access the Website through standard web browsers, and not via methods such as scraping, data mining, the use of a robot or spider, automation or any similar method of extraction or monitoring.
10. Use of the Website on behalf of another person or entity
Any User that accesses and uses the Website on behalf of another person or entity confirms that he, she or it is fully authorised to do so and agrees to these Terms on that person or entity's behalf.
11. Orders and purchases
All orders and purchases (including via the Website) shall be governed by the Terms and Conditions of Trade of Crane Brothers (the Terms of Trade), which can be viewed on the Website.
12. Intellectual property
All Users agree that Crane Brothers owns all of the intellectual property rights existing the Website.
13. Indemnity
Each User hereby indemnifies, and will keep indemnified, Crane Brothers against all forms of liability, actions, proceedings, demands, costs, charges and expenses which Crane Brothers may incur or be subject to or suffer as a result of that User's use of the Website.
14. Amendments
Crane Brothers reserves the right to amend these Terms at any time with or without notice to Users.Any User who continues to use the Website after any amendments will be deemed to have agreed to such amendments.
15. Changes to the Website
Crane Brothers is permitted (in its sole discretion) to alter, suspend, discontinue or restrict access to the Website with or without notice to Users and shall incur no liability for doing so.
16. Branding
No User may publish or use Crane Brothers' trade marks, brand, branding or logos except with Crane Brothers' prior written consent.
17. Website breakdown and malfunctions
Crane Brothers will try to address (during normal business hours) all technical issues that arise on the Website.However, Crane Brothers will not be liable for any loss or damage suffered as a result of any partial or total breakdown of the Website or any technical malfunctions on it, the Website being unavailable or performing slowly, or any viruses or other forms of interference that may damage any User's computer system.
18. Privacy policy
Crane Brothers' privacy policy (which can be viewed on the Website) shall apply to all information, data or other content which is generated through each User's use of the Website.
19. Links to other websites
Unless expressly stated otherwise by Crane Brothers, any link on the Website to other websites does not imply any endorsement, approval and/or recommendation of those sites, their operators or their products and/or services.
20. Foreign use of the website
Crane Brothers makes no representation or warranty that the Website is appropriate or available or lawful for use in all countries or that the content satisfies the laws of all countries.All Users are responsible for ensuring that their access to and use of the Website is not illegal or prohibited in their relevant country.
21. No waiver
Crane Brothers will not be deemed to have waived any right under these Terms unless the waiver is in writing and signed by Crane Brothers.A failure to exercise or delay in exercising any right by Crane Brothers under these Terms will not operate as a waiver of that right.Any such waiver will not constitute a waiver of any subsequent or continuing right or of any other provision in these Terms.
22. Assignment
No User shall be permitted to assign or transfer any of their rights or obligations under these Terms without Crane Brothers' prior written consent.Crane Brothers shall be entitled (in its sole and absolute discretion) to assign and transfer any of its rights or obligations under these Terms, and the consent of Users shall not be required for any such assignment or transfer.
23. Severability
If any provision in these Terms becomes invalid or unenforceable, the remainder of these Terms will remain valid and enforceable to the fullest extent permitted by law.
24. Prevailing terms
The Terms of Trade will prevail over anything to the contrary contained in, or that may be in conflict or inconsistent with, these Terms.These Terms will prevail over anything to the contrary contained in, or that may be in conflict or inconsistent with, Crane Brothers' privacy policy (which can be viewed on the Website).
25. Governing law and jurisdiction
These Terms will be governed by and construed in accordance with the laws of New Zealand.All Users and Crane Brothers irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand for any matter arising under or relating to these Terms.