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Terms and Conditions

DISCLAIMER in respect of Supplier Products and Services

Construction Marketing Services Limited (CMS) is a marketing company which promotes the products and services of its members and introduces its members to potential customers. CMS does not however act as a sales agent for any person. CMS is reliant upon the information supplied by the suppliers of the products.

Consequently CMS does not take any responsibility for the performance of the products and services of its members. CMS expressly disclaims any liability for, and claims for damages or other costs of any kind arising out of use, reference to, or reliance on any information provided by our specification consultants being correct at the time of any presentation or consultation or as otherwise being presented. Whilst the information provided by our specification consultants is periodically updated by our member suppliers, no guarantee is given by CMS as to the accuracy of that information.

You should make such specific enquiries as you consider necessary concerning the nature of the products or their services CMS provides information on and their suitability for your project needs, and whether they meet the requirements of the relevant part of the New Zealand Building Code.

CMS does:

1. Provide consultation services to you including one-on-one or a group presentation service providing information on products and services.

2. Provide project-based architectural product information as a guide only.

3. Receive payment from third party product and service suppliers to disclose information about their products and services to the construction industry.

CMS does not:

1. Take any part in the contractual relations between the architects, designers, building companies or any other construction professionals and the third party product and service suppliers. Any architectural product information provided by CMS is to serve as a guide only.

2. Recommend the suitability of any product or service for any particular project.

3. Take any part beyond being a conduit for any requests for quotes or other contracts agreed between third party product and service suppliers and customer. A contract for sale will be formed between those parties directly. CMS will not be a party.

4. Act as an agent for either party and does not participate in any sale or transaction between the customer and other parties it has a marketing relationship with.

5. Warrant or guarantee the quality, safety, legality, fitness for a particular purpose, or other characteristics of products or services offered by any third party product/or services supplier.

6. Provide any assurance or representation that any interaction provided by it regarding products or services is completely up to date or accurate.

Privacy Policy

In the course of operating our website and providing listing and other services, Construction Marketing Services Limited (“we” or “our” or “us”) may collect, use, disclose and hold information about an identifiable individual (“Personal Information”).

This Privacy Policy describes the Personal Information collected by us or our website and describes the purposes for which we may use, disclose or hold such Personal Information.

In this Privacy Policy, the following terms will have the following meanings:

“Direct Marketing Information” means marketing or promotional information about our services or products;

“Industry Supplier” means a person who has entered into a listing agreement with us for the supply of listing and other associated services;

“Visitor” means a person that uses or browses our website and who is not a Industry Supplier.

1. Visitors to our website

1.1 If you are a Visitor, during your visit to our website we will collect statistical data about your visit, such as [the date, time and length of your visit, the URLs or addresses of the website pages you visit, the operating system, browser, each engine and IP address used by the computer you are using to connect to the internet and the domain name from which you are accessing the internet.] This information is collected by third party software operating on our website.

1.2 We use and disclose such statistical data for the following purposes:

(a) to measure the effectiveness of listing or other advertising on our website;

(b) to identify user behaviour and industry trends on our website; and

(c) to maintain and optimise the technical performance, operation and security of our website.

1.3 We may disclose such statistical data to others, including Industry Suppliers.

1.4 If you are a Visitor, we will use Personal Information collected by us or our website to send or email Direct Marketing Information to you occasionally, unless you have expressly asked us not to send Direct Marketing Information to you. If you want us to stop sending Direct Marketing Information to you, you can contact us at any time to request that we stop sending you such information. You can either contact our Privacy Officer (see clause 10 below) or use the “Unsubscribe” facility at the bottom of any Direct Marketing Information email or communication that we send you.

2. Industry Suppliers

2.1 If you are an Industry Supplier, during the process of registering as a member of our website or entering into a listing agreement with us you will provide us with Personal Information, for example, email addresses, names, and job titles. We may also collect other Personal Information about you during the course of your relationship with us, either directly from you or from third parties.

2.2 If you do not provide the information requested by us or our website, we may not be able to enter into a listing agreement with you.

2.3 We will use, disclose and hold such Personal Information for the purposes of:

(a) establishing and maintain your registration, your account and/or listings with us;

(b) providing you with listing and other associated services;

(c) contacting you about your registration, your account or the services we provide to you;

(d) arranging billing , payment, credit checks and verifying your identity;

(e) gauging customer satisfaction and providing customer services;

(f) providing technical support and administration;

(g) maintaining our records;

(h) addressing feedback or complaints and resolving disputes; and

(i) sending you Direct Marketing Information.

2.4 If you do not want us to send you any Direct Marketing Information, you can contact us at any time to request that we stop sending you such information. You can either contact our Privacy Officer (see clause 10 below) or use the “Unsubscribe“ facility at the bottom of any Direct Marketing Information email or communication that we send you.

2.5 We may also publish Personal Information collected from you (except for any credit card details) on our website as part of your Listing. You should not submit to us any Personal Information that you do not want published on our website, for example, a home phone number.

3. Cookies

3.1 Our website may use cookies. “Cookies” are pieces of software that are placed on the computer that you are using to access the internet. Cookies are designed to remember information about your personal preferences for our website. We will only use and disclose such information so that our website will remember you next time you visit and, if you are a Registered Member and have selected this option, to automatically log you in to our website. You can change the settings on your browser to reject some cookies, but this may reduce the functionality of our website.

4. Disclosing Personal Information to third parties

4.1 We will not sell your Personal Information to direct marketers.

4.2 We will not use your Personal Information, or disclose your Personal Information to third parties, except:

(a) to the extent reasonably necessary to achieve any of the purposes described in clauses 1 or 2; or

(b) where we reasonably believe that such use or disclosure is required or expressly permitted under any applicable law.

4.3 We will not hold your Personal Information for longer than is reasonably required for the purposes for which we may lawfully use that Personal Information.

5. Your rights to access and correct Personal Information.

5.1 Where we hold Personal Information about you, you have a right to access and correct that Personal Information in accordance with the Privacy Act 1993. If you want to access or correct your Personal Information, please contact our Privacy Officer (see clause 10 below) and he/she will tell you how to make a request and if any charges will apply.

6. Security

6.1 We will use all reasonable endeavours to effect and maintain adequate security measures to safeguard the Personal Information we hold from loss or unauthorised access, use, modification or disclosure. However, as the internet is an open network, we do not warrant or guarantee that your Personal Information is safe from loss or unauthorised access, use, modification or disclosure, either during transmission to or from our website, or when held by us.

7. Other websites

7.1 Other websites that are linked to our website may have privacy policies that govern the use of information collected by those other websites. We are not responsible for any information collected by those other websites, or the privacy or data protection practices of the operators of those other websites.

8. Website terms of use

8.1 Your use of our website is also governed by our Terms of Use. By accessing and browsing our website, you also agree to comply with the terms of our Terms of Use.

9. Amendments

9.1 We may amend this Privacy Policy from time to time. Notice of any such amendments will be announced on this website and will be effective immediately, unless we state otherwise. You are responsible for reviewing our website regularly to obtain timely notice of any such amendments.

9.2 Your continued use of our website will constitute your acceptance of any amendments or revisions to this Privacy Policy.

10. Contacting us or our Privacy Officer

If you:

(a) have any questions about this Privacy Policy or our privacy and data protection practices;

(b) want to access or correct any Personal Information we hold about you; or

(c) want us to stop sending you Direct Marketing Information,

please contact:

The Privacy Officer

info@cms.co.nz