Website terms of use

Terms and conditions of use

These Terms of Use (“Terms”) apply to your access to www.layher.co.nz (the “Website”) and to websites of Layher Limited its subsidiaries and its affiliates (collectively, the “Wilhelm Layher GmbH & Co. KG “) that are linked directly or indirectly to this Website (the “subsite(s)”).

Appliance of “Terms”

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. By using and/or accessing to the pages (the “Service”) in this Website and/or the Subsites, you are deemed to agree to the Terms. Layher Limited provides the Service to you subject to the Terms, which may be updated by the Layher Limited from time to time without notice to you. If you do not agree, you shall not use this Website and/or the Subsites, and shall immediately stop the use. To the extent that any provision of these Terms conflict with the Subsite’s terms, the Subsite’s terms prevail.

Cost and expense

You are responsible for obtaining access to the Service and that access may involve third party fees (such as to Internet service providers or airtime charges). You are responsible for those fees. In addition, you shall provide and be responsible for all equipments necessary to access the Service. You may be free to select any equipment and way necessary to access the Service without the concern of the Layher Limited.

Compliance with local laws

Those who choose to access this Website and/or the Subsites from locations other than New Zealand may do so on their own initiative and are responsible for compliance with local laws if, and to the extent, local laws are applicable.

Availability of products

The products and services displayed on this Website and/or the Subsites may not be available for purchase in you particular country or locality. The reference to such products and services on this Website and/or the Subsites does not imply or warrant that these products or services will be available at any time in your particular location. You shall check with your local authorized Layher Limited representative for the availability and price of specific products and services in your area.

Ownership of rights and limitation of use

All contents (including, without limitation, information, material, data, text, photographs, picture, images, music, audio, and sound whatsoever), software and document whatsoever (the “Content(s)”) on this Website and/or the Subsites and all copyrights, trademarks, product names, logos, service marks and any other intellectual property rights related to these contents are owned by Layher Limited or the owner of such contents. Except to the extent expressly permitted by applicable law, no contents on this Website and/or the Subsites may be used, copied, modified, translated, distributed or otherwise utilized without the prior written consent of Layher Limited or the owner of the contents. To the extent that any provision of these Terms conflict with the terms and conditions regarding software (“Software Terms”) on this Website and/or the Subsites, the Software Terms prevail.

Trademark

“Layher. More Possibilities. The Scaffolding System. ” is a registered trademark of Layher Limited in New Zealand and other countries. The trademarks, product names, logos and service marks (the “Trademark(s)”) used within this Website and/or the Subsites are owned by Layher Limited or the owner of the Trademarks. Except to the extent expressly permitted by applicable law, no Trademark may be used, copied, modified, translated, distributed or otherwise utilized without the prior written permission of Layher Limited or the owner of the Trademarks.

Links from other sites

Permission is granted to link to the Website if you comply with the following linking policy:
(i) your site shall not slander or damage Layher Limited or contain inappropriate content(s);
(ii) your site shall not be deleterious to public order and morals, nor harm the trustworthiness or dignity of Layher Limited;
(iii) your site shall not infringe third party’s right, property, privacy;
(iv) you shall not create any frame around the Contents nor create any impression that the content belongs to Layher Limited by any other method;
(v) your site shall not be presented in a manner that could create the mistaken impression of a collaborative or cooperative relationship between you and Layher Limited;
(vi) your site shall not create the mistaken impression that Layher Limited certifies or supports your site on which the link appears; and
(vii) your site shall not be judged by Layher Limited to be inappropriate for any other reason. Layher Limited may demand that you delete such link. This permission terminates automatically if you breach any terms or conditions of the Terms or any applicable terms of use on the Subsites. Upon termination, you shall remove any link.

Link from this Website and/or Subsites to other sites

The Service may provide links to other World Wide Web sites or resources. Because Layher Limited has no control over such sites and resources, you acknowledge and agree that Layher Limited is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any contents, advertising, products, or other materials on or available from such external sites or resources. You further acknowledge and agree that Layher Limited shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such contents, goods or services available on or through any such site or resource. Nothing contained in this Website and/or the Subsites shall be interpreted as a recommendation and/or endorsement by Layher Limited of the contents of the linked sites and any products and/or services appeared on and/or provided through such linked sites. Nothing contained herein shall be deemed to constitute a partnership or the like between the operators of the linked sites and Layher Limited. Viewing of any site other than this Website and/or the Subsites is at your own risk in accordance with
(i) applicable law, rule, regulations of any government (including without limitation, any subdivision, agency, instrumentality thereof whatsoever) and
(ii) the terms and conditions specified in such sites.

Proposal, transmitted materials

Any materials, information, or ideas that you transmit to or post to the Website or the Subsites (the “Transmitted Material(s)”) is deemed non-confidential and non-proprietary. Layher Limited has no obligations and/or responsibility
(i) to maintain confidentiality of the Transmitted Material,
(ii) to study, evaluate, or utilize the Transmitted Material, and/or
(iii) to compensate in any way the submitter or any third party even in the event that a product or service similar in whole or in part to the suggestions, ideas, etc., submitted is announced or released by Layher Limited. Layher Limited may freely use at its discretion the Transmitted Material. In addition, you may not exercise copyright or any other rights regarding the Transmitted Material.

Termination

Layher Limited or you may terminate the Terms at any time. The Terms are effective eternally unless Layher Limited or you terminate the Terms. You may terminate the Terms by destroying:
(a) all materials obtained from this Website and/or the Subsites, and
(b) all related documentation, versions, installations and copies of the Contents. Layher Limited may terminate the Terms immediately without notice if, in its sole judgment, you breach any term or condition of the Terms. Upon termination of the Terms, you shall destroy all related materials, documentation, versions, installations and copies of the Contents.

Export control regulations

Layher Limited makes no representation that the Contents in this Website and/or the Subsites are appropriate or available for use in the location in which you are situated. Accessing the Contents from territories where its Contents are illegal is prohibited. You agree that by using or accessing to this Website and/or the Subsites, you do so on your own initiative and you are responsible for compliance with the applicable local laws, rule and regulations. The Contents are subject to export control laws, regulations and other applicable laws of New Zealand and/or other countries. Any diversion or re-export contrary to, or in any violation of, export control laws, applicable laws and regulations and other applicable laws of New Zealand and/or other countries is prohibited.

Limitation of liability

LAYHER LIMITED WILL USE REASONABLE EFFORTS TO PLACE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE AND/OR THE SUBSITES BUT MAKES NO WARRANTY OF ITS ACCURACY, COMPLETENESS AND/OR TIMELINESS. THE CONTENTS ON THIS WEBSITE AND/OR THE SUBSITES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS). LAYHER LIMITED DOES NOT WARRANT THAT THE CONTENTS ARE ERROR-FREE. LAYHER LIMITED SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ECONOMIC LOSSES, LOST PROFITS, LOST REVENUES, OR LOST DATA) ARISING OUT OF AND/OR RELATING TO THE ACCESS TO OR INABILITY TO ACCESS TO THIS WEBSITE, THE SUBSITES OR LINKED SITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Layher Limited may change and/or alter the any or all Contents of this Website and/or the Subsites, including, without limitation, its structure, usage conditions, URL, and content or other information of this Website and/or the Subsites, and may suspend or discontinue the Service at any time without any prior notice. LAYHER LIMITED SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING OUT OF AND/OR RELATING TO ANY ALTERATION OR CHANGE OF THE CONTENTS OR INABILITY TO USE THIS WEBSITE AND/OR THE SUBSITES.

Applicable laws and court of jurisdiction

Except where otherwise stipulated, the laws of New Zealand shall be applied to the use of this Website and/or the Subsites and the implementation of the Terms. Except where otherwise stipulated, you hereby irrevocably consent to the exclusive jurisdiction of the Wellington District Court in any and all disputes, controversies or differences arising out of and/or relating to this Website and/or the Subsites.

Entire agreement

The Terms constitute the entire agreement between you and Layher Limited and govern your use of the Service, superceding any prior agreements between you and Layher Limited.

Waiver and severability of terms

The failure of Layher Limited to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.