Website Terms of Use

1                   Introduction

www.batterytown.co.nz (‘this website’) is owned and operated by HCB Technologies Limited. Any reference to ‘we’, ‘us’ or ‘our’ is a reference to HCB Technologies Limited. These terms of use constitute an agreement between you, the website user, (‘you’, ‘your’) and us. You must not access or use this website unless you accept all of these terms of use. By accessing and using this website you are agreeing that you have read, understood and accepted these terms of use, and that you agree to be bound by them.  

2                   Changes

We reserve the right to add to, modify, suspend, or remove this website or any information or feature incorporated in this website (including, without limitation, products, prices, product appearances specifications and offers) at any time and without notice. We reserve the right to change these terms of use from time to time by publishing the changed terms on this website. You should review these terms of use periodically to be aware of such changes.  By continuing to access or use this website following such publication you accept the revised terms of use.

3                   Your use of this website

You agree not to use this website for any purpose that is unlawful or to engage in any conduct that may impair or cause damage to the operation of this website whether by way of a virus, corrupted file or through any other means.  Furthermore you agree not to alter, modify, reproduce, transmit or otherwise deal with the content, software, text, graphics, layout or design of this website without our prior written approval in each case. 

4                   Product Substitution 

In the event a Product purchased becomes unavailable or cannot be supplied, for any reason, a Product deemed to be equal to or better than the specified Product will be substituted at no additional cost or expense to the Purchaser, or a Full Refund will be made available.

5                   Login restricted parts of website

We may provide you with an account login to verify your identity when using parts of this website. You must ensure that your account details are complete and accurate when submitted to us, that the information that you have given is true and correct, and you must keep your account details up-to-date. You must ensure that your account details are secure and not disclosed any third party. Where you provide personal information to us, we will not use or disclose your personal information except to verify your identity or otherwise in accordance with the Privacy Act 1993. 

You acknowledge and agree that information made available to you through an account login is confidential and commercially sensitive in nature, and is made available solely for your own personal use.  You agree not to disclose or otherwise make available such information to any other person. You acknowledge that your unauthorised disclosure of such material may cause us irreparable harm that could not be fully compensated by an award of damages and accordingly any breach by you of these conditions may be restrained by injunctive relief as well as other remedies.

6                   Trade marks

The name and logo of HCB Technologies and Battery Town all trade marks appearing on this website belong to us or our licensors or affiliates. You must not use or reproduce or allow anyone to use or reproduce those trade marks for any reason without our prior written permission in each case.

7                   Intellectual property

The materials displayed on this website are protected by copyright and other laws in New Zealand, and under similar laws and international conventions abroad. You acknowledge and agree that all copyright and other intellectual property rights that may subsist in materials available through this website including text, illustrations, artwork, photographs, video, music, sounds, layout, designs, software and source code belong to us or to our licensors (together, ‘our intellectual property’). 

Except with our prior written permission, you may not in any form or by any means:

a               use, copy, modify, adapt, reproduce, store, embed, distribute, print, display, perform, publish, or transmit in any way any of our intellectual property; or

b               commercialise any information, products or services obtained from any part of this website.

8                   Electronic communications

You consent to receiving communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002.  You consent to receiving electronic messages and information sent by us (or on our behalf) for any purposes described in our privacy policy. You agree, pursuant to section 11(2) of the Unsolicited Electronic Messages Act 2007, that the person sending any such message need not include a functional unsubscribe facility in that message.

9                   Disclaimers

We endeavour to ensure the accuracy of information available through this website and that the content of this website is free from errors.  However, we do not give any warranty or other assurance as to the content of material appearing on this website, its accuracy, operation, quality, functionality, completeness, timeliness or suitability for any particular purpose.

To the maximum extent permitted by law, we provide this website and related information and services on an “as is” basis without any warranties, representations, or guarantees of any kind (whether, express, implied, statutory or otherwise) including, but not limited to, warranties of non-infringement, merchantability, or fitness for a particular purpose.

You acknowledge that if you rely on this website or any materials available through this website, you do so solely at your own risk.

All information transmitted to you or from you is transmitted at your risk, and you assume all responsibility and risks arising in relation to your use of this website and the Internet.

Due to the nature of the Internet and electronic communications, we and our service providers do not warrant that this website or any associated services will be error free, without interruption or delay, or free from defects in design.  Your use of this website and any associated services may be subject to interruption, restriction, or delay.  We will not be liable to you should this website or the services supplied through this website become unavailable, interrupted, restricted, or delayed for any reason.

If you are using our services for business purposes, you agree that the guarantees provided under the Consumer Guarantees Act 1993 shall not apply to those services.

Although we endeavour to prevent the introduction of viruses or other malicious code (together, ‘malicious code’) to this website, we do not guarantee that this website, or any data available from it, does not contain malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process that you employ for accessing this website does not expose your computer system to the risk of interference or damage from malicious code.

10                   Limitation of liability

To the full extent permissible at law, we disclaim all responsibility for any damages or losses (including, without limitation, financial loss, damages for loss in business projects, loss of profits or other economic losses) whether arising in contract, tort or otherwise from the use of, or inability to use, this website or any material appearing on this website, or from any action or decision taken as a result of using this website or any such material.

11               Hyperlinks and third party websites

This website may provide links to Internet sites maintained by third parties. Such linked sites are not under our control and we are not responsible for their contents (including the accuracy or legality of any linked site or any material contained in a linked site). We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked site.  We will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or service provided by any third party.

12               Governing law

This website is controlled and operated by us, from offices within New Zealand.  Details contained on this website relating to the products and services have been prepared in accordance with New Zealand law and may not satisfy the laws of any other country.  We make no representations or warranties as to whether or not the information or products available from this website are appropriate or available for use in other countries. If you choose to access this website from outside New Zealand you are responsible for compliance with applicable local law. 

These terms of use are governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these terms of use.