Terms and Conditions

WEBSITE TERMS OF USE

This website is hosted and operated on behalf of Endless Holdings Limited trading as Endless Metals/Endless, its successors and assignees (‘we’, ‘us’, ‘our’, ‘Endless’). It is available at www.endless.co.nz (Site) and may be available through other addresses or channels.

  1. APPLICATION

These Terms of Use (‘Terms’) govern your use of our Site and form a contract between you and us if you access and/or use the Site. Please read these Terms carefully. Please contact us if you have any questions, at hello@endless.co.nz or call 0800 44 88 99.

By accessing and using this Site, you confirm that you have read and accept the Terms.

  1. INFORMATION

The information, including statements, opinions, documents, photographs and videos contained in this Site (‘Information’) is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. Any reliance you place on the Information is at your own risk. Before acting on any Information, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice, where necessary.

  1. AMENDMENT

We may from time to time amend, update, or change our Site, these Terms and the Information without prior notice.  Each time you use our Site, you will be deemed to have accepted and agreed to the most recent version of these Terms then displayed.

  1. YOUR WARRANTIES 

You warrant to us that you have the legal capacity to enter these Terms and form a contract, and that you have read and understood the Terms, before using the Site.

  1. LICENCE TO USE THE SITE

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable right and licence to use the Site in accordance with the Terms. All other uses are prohibited without our prior written consent.

  1. PROHIBITED CONDUCT

You must not:

  1. Use the Site for any activities, or to post or transmit any material from the Site:
    1. unless you hold all necessary rights, licences and consents to do so;
    2. that infringes the intellectual property or other rights of any person;
    3. that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
    4. that defames, harasses, threatens, menaces, offends or restricts any person;
    5. that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; or
    6. that would bring us, or the Site, into disrepute.
  1. Interfere with or inhibit any user from using the Site;
  2. Use the Site to send unsolicited email messages;
  3. Attempt to or tamper with, hinder or modify the Site, knowingly transmit viruses or other disabling features, or damage or interfere with the Site, including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Site; or
  4. Facilitate or assist another person to do any of the above acts.
  1. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

Our Site contains material which is owned by or licensed to us and is protected by New Zealand and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance and look of our Site. We own the copyright which subsists in all creative and literary works displayed on the Site.

You agree that, as between you and us, we own all intellectual property rights in the Site, and that nothing in these Terms constitutes a transfer of any intellectual property ownership rights. Your use of the Site does not grant you a licence, or act as a right of use, of any of the intellectual property, whether registered or unregistered, displayed on the Site without the express written permission of the owner.

You must not breach any copyright or intellectual property rights connected with this Site. This includes but is not limited to:

  1. altering or modifying any of the code or the material on the Site;
  2. causing any of the material on the Site to be framed or embedded in another website;
  3. creating derivative works from the content of the Site; or
  4. using our Site for commercial purposes.
  1. REPUBLISHING

You must not republish, copy, distribute, transmit, or publicly display (in hard copy, soft copy or online) material on the Site, without our prior written approval.

  1. PRIVACY

We are committed to protecting your privacy. Please read our Privacy Policy, available on our Site. By agreeing to the Terms, you also agree to accept our Privacy Policy.

  1. DIGITAL MARKETING CAMPAIGNS

We may deliver promotional content, marketing materials, updates and offers through digital communication channels, including but not limited to emails, and SMS text messages (Marketing Campaigns). You can choose to ‘opt in’ to our Marketing Campaigns and change your email and SMS preferences anytime.

By opting in to receive communications from Endless, you agree to receive marketing text messages and/or marketing emails from us at the phone number or email address provided. Consent is not a condition to transact with us. Message frequency varies.

If you opted to receive Marketing Campaign communications from us via email, click “Unsubscribe”, at the bottom of the email to opt out.

If you opted to receive Marketing Campaign communications from us via text, you can reply HELP for help or STOP to opt out. Your mobile provider’s standard message rates apply when sending text messages to the short code service.

You can also call us on 0800 44 88 99 or email us at hello@endless.co.nz to opt out or for help.

If you would like to change your preferences at any time, click “Update preferences” in the footer of our email, call 0800 44 88 99 or email hello@endless.co.nz

We are committed to full compliance with the Unsolicited Electronic Messages Act 2007

  1. THIRD PARTY INFORMATION

The Site may contain third party information, including but not limited to user comments, guest articles and advertisements (Third Party Information). We do not control, recommend, endorse, sponsor or approve Third Party Information, including any information, products or services mentioned in Third Party Information. We accept no responsibility for any Third Party Information. You should make your own investigations with respect to the suitability of Third Party Information for you and ensure there are no legal or copyright issues in respect of such Third Party Information.

  1. THIRD PARTY LINKS AND WEBSITES

This Site may contain links to websites owned by third parties (Third Party Sites). We do not control, recommend, endorse, sponsor or approve Third Party Sites, including any information, products or services mentioned on Third Party Sites. Your use of Third Party Sites is entirely at your own risk. We do not accept any liability with regard to access to Third Party Sites, their content or use.

  1. RESERVATION OF RIGHTS

We reserve the right to amend or delete any and all Third Party Information and/or Third Party Sites, and to block any user, if we believe that there is a violation of these Terms, or for any other reason, in our sole discretion.

  1. DELAYS AND OUTAGES

We are not responsible for any delays or interruptions to the Site. We will use commercially reasonable efforts to minimise delays and interruptions but we make no warranty or representation, expressed or implied that the Site will be available at all times or at any given time.

We reserve the right to suspend, terminate or otherwise alter access to some or all of the Site at any time and without notice.

We are not responsible for any loss, cost, damage or liability that may result from our discontinuance of the Site.

  1. LIMITATION OF LIABILITY

To the extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, suffered by you or any third party, or claims made against you or any third party arising out of or in connection with the use or access of, or any inability to use or access the Site or the information, content or materials included on this Site or on any website we link to.

To the extent permitted by law, we exclude all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these Terms, and the New Zealand Consumer Law to the extent applicable.

  1. DISCLAIMER

The Site is provided to you without warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the functions contained in any material on the Site or your access to the Site will be error free, that any defects will be corrected, that the Site or the server which stores and transmits material to you are free of viruses or any other harmful components, or that the Site will operate on a continuous basis or be available at any time. While we endeavour to keep the Site and information up to date and correct, we make no representations, warranties or guarantee, express or implied, about:

  1. the completeness, accuracy, reliability, suitability or availability of any Information, images, products, services, or related graphics contained on the Site for any purpose;
  2. Third Party Information; or
  3. Third Party Sites.

You read, use, and act on information contained on the Site, Third Party Information and/or Third Party Sites, strictly at your own risk.

  1. BREACH

You may only use the Site for lawful purposes and in a manner consistent with the nature and purpose of the Site. By using this Site, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable you must not use this Site. We reserve the right to remove any and all content found to be in breach of copyright, or which in our opinion is deemed inappropriate and/or illegal. If you breach the Terms, we reserve the right to block you from the Site and to enforce our rights against you. If we do not act in relation to a breach of the Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms by you. All rights not expressly granted in the Terms are reserved.

  1. EXCLUSION OF COMPETITORS

You are prohibited from using our Site, including our information, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from non-permitted use. We reserve the right to exclude any person from using our Site and Information, in our sole discretion.

  1. TERMINATION

The Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Terms and limitations of liability set out in the Terms will survive.

  1. DISPUTES

You agree to use your best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms, prior to resorting to an external dispute resolution process. Please notify us in writing of any dispute you may have.

  1. JURISDICTION

Your use of this Site and any dispute arising out of your use of it is subject to the laws of New Zealand. These Terms are governed by the laws of New Zealand and subject to the exclusive jurisdiction of the courts operating in New Zealand. The Site may be accessed throughout New Zealand and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside New Zealand. If you access the Site from outside New Zealand, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.

  1. GENERAL

If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by it.

If you use the Site for business or commercial purposes, then you agree that the Consumer Guarantees Act 1993 shall not apply to your use of, or reliance on, the Site.

For questions and notices, please contact us at: hello@endless.co.nz or on 0800 44 88 99