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TRADE HUB - TERMS AND CONDITIONS OF USE

Mitre 10 (New Zealand) Limited (“Mitre 10”) owns and operates the Mitre 10 Trade Hub (“Trade Hub”). The following terms and conditions (together with any documents referred to in them) (collectively, these are known as "Terms and Conditions of Use") apply to your use of our Trade Hub, including any user content, functionality and services offered on or through the Trade Hub.

The day to day functionality of the Trade Hub will be managed by your nominated Mitre 10 Store (“Mitre 10 Store”).

Please note that these Terms and Conditions of Use must be read in conjunction with your credit application form that you completed when you opened your trading account with a Mitre 10 store within the Mitre 10 network, regardless of whether this store is your nominated Mitre 10 Store or not.

For all queries relating to the day to day use of the Trade Hub, please contact your nominated Mitre 10 Store.

PRIVACY POLICY

We value and respect your privacy, and are committed to protecting your personal information which we collect and hold. 

Your personal information may be collected, used or disclosed in accordance with Mitre 10’s Privacy Statement. 

If any information needs to be updated or amended to reflect a change in your personal information, please let us know and we will make every effort to update our records.

Mitre 10 will amend personal information that is inaccurate or incomplete and, where appropriate, shall endeavour to advise other parties having access to the personal information in question.

We may communicate with you regarding your account and orders using your email address, phone number (including text message) and other forms of communications that may reasonably become available to us.  You confirm that you have received all necessary consents from your listed Authorised Purchasers to enable Mitre 10 and Mitre 10 stores to communicate with them directly for these purposes).

REGISTERING AS A CUSTOMER

You are liable for all purchases made in your account name. It is not Mitre 10 Store’s responsibility to confirm authority for the purposes of supplying or delivering goods to you or your agents. It is the sole responsibility of the Customer to ensure there is no unauthorised use of its account.

You confirm that the information you have provided to Mitre 10 throughout the registration process is, to the best of your knowledge, true and correct, and that any false or misleading information is likely to result in the rejection of your application, including the information provided for by you for your other nominated users of the Trade Hub

From time to time, you may need to provide information in relation to your customers including their personal information , financial information, estimates, quotes, orders and etc (“Customer Information”). You confirm that you have all necessary authorisations from your customers to provide that information to Mitre 10 and Mitre 10 Stores.

CUSTOMER CONTRIBUTION

All Customer Information must comply with the Content Standards set out below:

  • Your profile provided by you, remain yours. However, you grant both Mitre 10 and Mitre 10 Store (as appropriate) the right (“licence”) to use this material for internal purposes, to provide relevant services to you under the Trade Hub. This ‘licence’ includes having access to your prices, estimates, customer information, invoices as well account settings, amongst others. Please note that if any changes are made to your prices or estimates, it will trigger an email be sent to you for notification/verification.
  • You represent and warrant that you own or control all rights in and to the Customer Information and have the right to grant the Mitre 10 and its affiliates the license granted above.
  • You represent and warrant that all of your Customer Information does, and will comply with these Terms, and you agree to defend, indemnify and hold harmless the Mitre 10 and its affiliates and licensors for any breach of that representation and warranty.

You understand and acknowledge that you are responsible for any Customer Information you submit or contribute, and you, and not Mitre 10 nor the Mitre 10 Store, has full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

Mitre 10 nor Mitre 10 Store will be responsible, or liable to any third party, for the content or accuracy of Customer Information provided by you or any other user of the Trade Hub.

USAGE TERMS

Mitre 10 reserves the right to withdraw or amend, or alter the content of the Trade Hub, and any service or material we provide on the Trade Hub, in our sole discretion, relevant notice to be provided accordingly thereafter. Also, we will not be liable if for any reason all or any part of the Trade Hub is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Trade Hub, or the entire Trade Hub, to users, including registered Customers.

To access the Trade Hub you must create a user name, password or any other piece of information as part of our security procedures. You must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify us of any unauthorised use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer/device so that others are not able to view or record your password or other personal information.

In the future, you may be asked to provide certain registration details or other information. It is a condition of your use of the Trade Hub, that all the information you provide on the Trade Hub is correct, current and complete.

We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, if in our opinion, you have failed to comply with any provision of these Terms of Use.

Mitre 10 accepts no responsibility for the misuse of this website by any employee, agent, or contractor including ex-employees of our Customers.

WITHDRAW, SUSPEND, OR TERMINATE

Mitre 10 Store may at any time withdraw, suspend or alter the Customer’s credit facilities at any time without notice at its sole discretion. Any such change to the Customer’s credit facilities will not release either the Customer or the Guarantor(s) from any liability whatsoever.

Further Mitre 10 Store may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Trade Hub or portions thereof for the following reasons: (a) breaches or violations of these Terms of Use (including, without limitation, nonpayment of any fees owed in relation to Goods ordered on the Trade Hub, (b) a request by you, (c) discontinuance or material modification to the Trade Hub, (d) unexpected technical, security or legal issues or problems, and/or (e) participation by you, directly or indirectly, in suspicious or illegal activities.

You acknowledge and agree that withdrawals, suspensions or terminations may be made by Mitre 10 Store in its sole discretion and that Mitre 10 nor the Mitre 10 Store shall not be liable to you or any third party for any termination of your access to the Trade Hub or for the removal of any of the information provided by you to the Trade Hub. Any termination of these terms of use by Mitre 10 shall be in addition to any and all other rights and remedies that Mitre 10 may have.

LINKS TO THIRD PARTY WEBSITES

The Trade Hub may contain links to other websites that are not owned or controlled by Mitre 10. Mitre 10 is not responsible for the content of any linked websites. Any third party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and you are responsible for determining those terms and conditions and complying with them. The presence on the Trade Hub of a link to any non-Mitre 10 websites does not imply that Mitre 10 endorses or accepts any responsibility for the content or use of such websites.

PROPRIETARY RIGHTS TO CONTENT

All intellectual property rights, including trademarks, domain names, name and logos on the Trade Hub are the property of Mitre 10 or other third parties. Users and visitors acquire no proprietary interest in any of the services, content, materials or other rights, and are prohibited to use or reproduce them in any way that infringes the intellectual property rights in them for any reason.

The copyright and all other intellectual property rights in the Trade Hub (including all database rights, trademarks, service marks, trading names, text, graphics, code, files and links) belong to us or our licensor(s). All rights are reserved.

You may download material from the Trade Hub for the sole purpose of using the Trade Hub. However, you must not copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information on or downloaded from the Trade Hub without our prior written consent.

We claim no intellectual property rights over the Customer Information that you have uploaded on the Trade Hub.

RELIANCE ON INFORMATION POSTED

The Trade Hub presented is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of the Trade Hub. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on the Trade Hub by you or any other visitor to the Trade Hub, or by anyone who may be informed of any of its contents.

DISCLAIMER AND LIMITATION OF LIABILITY

The user of the Trade Hub assumes all responsibility and risk for the use of the Trade Hub. The materials are provided "as is", without any express or implied warranty of any kind including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement of intellectual property, and freedom from errors, viruses, bugs, or other harmful components.

In no event shall Mitre 10 be liable for any damages whatsoever (including without limitation any special, indirect, or consequential damages, and damages resulting from loss of use, data, or profits, or business interruption) arising out of the use of or inability to use the Trade Hub and its related material or any hyperlinked website, even if Mitre 10 has been advised of the possibility of such damages.

Mitre 10 does not warrant the accuracy or completeness of the information, text, graphics, links, and other items contained on the Trade Hub. Information on products and materials featured within the Trade Hub are provided on the premise that Mitre 10 is not liable for their suitability for use in your specific application.

PROHIBITED USES

You may use the Trade only for lawful purposes and in accordance with these Terms and Conditions of Use. You agree not to use the Trade Hub:

  • In any way that violates New Zealand law (including, without limitation, any laws regarding the export of data to and from New Zealand or other countries).
  • To transmit, or procure the sending of, any mass advertising or direct solicitation material.
  • To impersonate or attempt to impersonate Mitre 10 or Mitre 10 Store, another user, or another person or entity (including, without limitation, the use of email addresses or screen names associated with or confusingly similar to any of the above).

CHANGES

Mitre 10 reserves the right to revise the content of the Trade Hub, including our services, and these terms and conditions, at any time and without notice. Any changes to these terms and conditions will be shown on the Trade Hub, and by using our Trade Hub following such changes you will signify that you agree to be bound by the revised terms and conditions.

APPLICABLE LAW AND JURISDICTION

These terms and conditions shall be governed by and construed in accordance with New Zealand legislation and subject to the exclusive jurisdiction of New Zealand courts.

HOW TO CONTACT MITRE 10

We welcome your views about our Trade Hub. If you would like to contact us with any queries or comments please send an e-mail to [email protected]. For all day to day queries, please contact your Mitre 10 Store.

ACKNOWLEDGEMENT

Read the Terms and Conditions of Use carefully before you start to use of the Trade Hub. By using the Trade Hub, you accept and agree to be bound and abide by these Terms and Conditions of Use.