Terms and Conditions

1. As between you and Fletcher Steel, your access to, and use of, the Online Services is subject to the terms set out on this page (which will govern to the extent of any inconsistency with the following), any additional terms and conditions displayed within the applicable Online Services, together with the following additional terms and conditions which are incorporated by reference:
   • Terms of Trade -
     The Fletcher Steel terms of trade applicable to your account with Fletcher Steel from time to time. For the sake of clarity, all Online Services are considered a "service" provided by Fletcher Steel which, together with "goods" supplied, is governed by the Fletcher Steel terms and conditions.
   • Privacy -
     Without limiting the requirements of the Privacy Act 1993, these terms, the Fletcher Steel terms and conditions, our privacy policy, and any applicable third party provider terms and conditions relating to information you provide to or transmit via such third parties.Please note that requests and activities you carry out through the Online Services (e.g. accessing an invoice or accessing product test certification information) may result in the necessary information to fulfil that request being transmitted via the internet between us and our third party providers (e.g. a third party developer of an app, or a data hosting or web-based software provider) via the Online Service.

and, as between you and any applicable third party provider:

• Third party terms and conditions –
  The applicable third party provider terms and conditions which you have accepted, or will be required to accept, as part of the process of downloading, installing and/or accessing the applicable Online Service (e.g. terms and conditions of the developer of an app or a data hosting or web-based software provider),

(collectively referred to in these terms, together with these terms, as the "Online Service terms and conditions").

2. By using any Online Services you represent that you have read, understood and accepted these Online Service terms and conditions as they apply to your use of the Online Services, and agree to be bound by them on each occasion that you access or use the Online Services.

3.You confirm that the information you have provided to us throughout the registration, authentication and activation 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 and/or eligibility to use the Online Services.For the avoidance of doubt, to be eligible to access and use the Online Services, unless approved by us, you must be and remain an authorised employee or representative of a current Fletcher Steel trade account holder ("Customer").

4. You accept that any login ID and password that you chose, or were allocated, during your registration and set-up process, or any alternative credentials set at a later time, including any unique access credentials, are for your use only, and that you will ensure that (a) these details are not communicated to any third party, and (b) that no other individual will log in using your account or unique access credentials.You may be required to re-authenticate or begin use of substitute unique access credentials from time to time. You agree to indemnify Fletcher Steel against any claims or damages arising from the use or misuse of your account or unique access credentials by any other person. We will take every precaution to the extent within our reasonable control to ensure the confidentiality of your login ID, password and unique access credentials.

5. You accept that, should you cease to be employed by or affiliated with the Customer, it is your sole responsibility to notify us in writing to info@fbusteel.com. We accept no responsibility for the misuse of the Online Services by ex-employees or other stakeholders of Customers.

6. You must immediately report to us if you become aware or suspect that your login ID, password and unique access credentials have been compromised, disclosed, used without your authority or lost and immediately cease using your login ID, password and unique access credentials.

7. Within the restrictions of applicable laws and privacy requirements, you acknowledge that Fletcher Steel and any applicable third party providers may track, gather, store and use any information relating to your use of the Online Services (including all usage statistics, material viewed and accessed, quotes sought, orders placed, user location, user device, user credentials and any like data) but only for purposes of administering, analysing, improving and delivering the Online Services.Any feedback, information or resulting improvements acquired or developed by us as part of such process will vest in us or our third party providers.

8. Requests and activities you carry out through the Online Services (e.g. requesting an invoice or quote) will result in the required Customer, price and other information that we hold being transmitted via the internet between us and our third party providers (e.g. a third party developer of an app, or a data hosting or web-based software provider) via the app or Online Service.We will use reasonable endeavours in contracting with third parties, but are not responsible for any acts or omissions of third parties in receipt of information via the Online Services. We may also share information on a need-to-know basis with other members of the corporate group of which Fletcher Steel forms part, including in connection with delivery and improvement of the Online Services and related services.

9. We may, at our absolute discretion, suspend or terminate your ability to access the Online Services for any reason whatsoever, or introduce or alter any applicable charges for continued use of the Online Services.

10. Your eligibility to access the Online Services is also subject to all applicable third party provider terms and conditions, including your payment of any fees you have agreed to pay to such third party providers (Third Party Fees).We reserve the right to negotiate to receive administration fees or other commission payments from third party providers in respect of Third Party Fees.

11. You may incur charges from your mobile network and/or internet service operator for downloading and using (as applicable) the Online Services.Any such charges are your sole responsibility and any matters regarding these charges should be raised with your mobile network and/or internet service operator.

12. Including as set out in our terms of trade, unless expressed as final pricing by invoicing, or as set out in an order which has been confirmed by us, quoted pricing information provided to you via Online Services should be treated as a guide only and relates to the selected business unit only. Subject to your account terms, the prices are subject to change without notice.

13. In relation to any product ordering or quoting functionality offered as part of the Online Services from time to time, we will use reasonable efforts to ensure the accuracy and currency of information relating to product pricing, product availability and lead-times, but provide no assurances until separately confirmed by us to you in writing in a final order confirmation, and such items are subject to change without notice.

14. Access to and availability of the Online Services is not guaranteed and may be restricted or blocked without prior notice for maintenance, operational, technical or other reasons at our discretion or in accordance with applicable third party provider terms.You may only access and use the Online Services to facilitate lawful and authorised business with us and for no other purpose.You must not use the Online Services to carry out an unauthorised, false or fraudulent activities and you must not take any action that could interfere with the normal operation of the Online Services.

15. Your use of the Online Services must not infringe the intellectual property rights of any person.The material within the Online Services is protected by copyright law and the names and logos may be trade marks and protected by trademark law. We, and any applicable third party providers and licensors, retain all intellectual property rights to the software, technology, processes, materials and methodologies in and forming the Online Services, including in respect of products and services displayed. You must not use, copy, monitor, modify, transmit, store, extract, publish or distribute any material on or accessed via the Online Services without prior written permission from us or where such permission is explicit in its context.

16.The Online Services may contain information about third party products and services, which may include links to third party websites. We do not endorse any third party websites or third party products and services and we have no liability in respect of your dealings with the products of any third parties other than as required by law or in accordance with our terms of supply. You maintain full responsibility for your dealings with third parties and your use of third party websites, applications, products or services.

17. Subject to any claims available under applicable law, we are not liable (in negligence, tort, breach of contract, or otherwise) for any loss or damage (including direct or indirect loss, or special or consequential loss) arising out of or in connection with:

• the use of (or inability to use) the Online Services by you or anyone else; and / or
• any breach in the security of your computer, mobile or other device or the access to any information held on your computer, mobile or other device by unauthorised third parties.

18. To the fullest extent permitted by law, we make no warranties (express or implied) and no representations with respect to:

• the availability of the Online Services for your use;
• inability to access or use the Online Services due to lack of network coverage or connectivity;
• website and mobile app disruptions, defects and technical errors that may occur from time to time;
• viruses and other harmful elements that may be present in the Online Services; and
• third party websites, applications, products and services.

19. To the extent permitted by law, we exclude any and all liability which we might otherwise have to you in contract, tort (including negligence) or otherwise for any loss or damage, direct or indirect, which arises out of or in connection with the download, installation and/or use of the Online Services by you or anyone else. This means we are not responsible for (amongst other things) any damage to your mobile device or other property or loss of your data, any loss you suffer as the result of use of the Online Services or any loss you suffer because the Online Services are not available or not functioning properly.If you are using the Online Services for business purposes, the New Zealand Consumer Guarantees Act 1993 will not apply.To the extent not excluded under these terms, to the extent permitted by law, any liability we do have to you will be capped at NZ$100 in total.

20. These terms and conditions shall be governed by and construed in accordance with the laws of New Zealand without giving effect to any principles of conflicts of law.We and you both consent to the exclusive jurisdiction of the courts of New Zealand in connection with any legal action that may arise in relation to your use of the Online Services and / or these Online Services terms and conditions.

21. We may make changes to these Online Services terms and conditions from time to time. When we make changes, we will update these terms and conditions on this website.