Platform Terms of Use

1. ACCESSIBLITY

1. Thank you for visiting or using this app or website (collectively, Platform) operated by RYOBI.
2. These Terms govern your use of and access to the Platform. By using the Platform, you agree to these Terms. If you do not agree to the Terms, you may not use the Platform.
3. We may change, vary or modify all or part of these Terms at any time at our sole discretion, in which case:
   1. we will post the new Terms on the Platform; and
   2. they will apply to your use of and access to the Platform by your subsequent or continued use of the Platform.
4. It is your responsibility to check these Terms periodically for changes. If you object to any variation to these Terms, your only remedy is to immediately discontinue your use of the Platform.
5. By using the Platform, you affirm that you:
   1. are 18 years or over; or
   2. otherwise possess legal parental or guardian consent and have obtained the consent of the payment method provider for your purchase of our Services.
6. As long as you comply with these Terms, we grant you a personal, non-exclusive, non-transferable, limited right to enter and use the Platform.
7. Mobile Devices: Some features of the Platform may be available through your mobile device. If you elect to use mobile services from our Platform, you are responsible for all data charges and fees that may be assessed by your carrier and for ensuring the compatibility of the mobile service with your mobile device.

2. PRIVACY

1. The Privacy Policy can be found on the Platform and applies to your use of the Platform and the Services.
2. The Privacy Policy may be changed from time to time and is effective immediately upon posting such changes on the Platform.

3. ACCESS TO PLATFORM

1. Your access to the Platform may be suspended without notice in the case of system failure, maintenance or repair, or any reason beyond our control or simply because we wish to do so.
2. Except as expressly provided otherwise in the Terms, we reserve the right to change or discontinue any website, page, functionality, feature or service on the Platform at any time.
3. The Platform contains Content that is protected by our Intellectual Property Rights and those belonging to third parties.
4. Except as expressly provided otherwise in the Terms, you do not have any right, title or interest in, or right of use, of any Content on the Platform.
5. Reversion of Copyrights: Copyrights for the Platform content, including video, sound, text, photographs, diagrams, designs, and illustrations, shall revert to the Company or the provider of the content. In addition, the Company shall possess editorial copyrights for the Platform, which has been edited into a home page/other format. These copyrights are protected by copyright laws and treaties as well as other laws of individual countries.
6. Handling of Copyrights: The use of information contained on the Platform in a manner that extends beyond the scope of allowable uses (such as, but not limited to, reproduction, transfer, transmitting, cutting, altering, selling, translating into a foreign language, or renting) under copyright laws and treaties as well as other laws of each individual country without the permission of the Company is prohibited. In the event that the Company is not the copyright owner, the permission of the relevant copyright owner is necessary. In addition, trademarks (including, but not limited to, RYOBI, and other product names) and trade names are protected under trademark laws, commercial laws as well as other laws of individual countries and thus cannot be used without authorisation.
7. Software: Software provided through the Platform belongs to the copyright owner. Please adhere to the stipulations and conditions posted by the copyright owner when using such software.

4. SERVICES

1. The Services Conditions apply to purchases of Services and to the use of specific portions or features of the Platforms.
2. You agree to abide by such Services Conditions.
3. Our obligations for the Services are governed solely by the Services Conditions. Nothing on the Platform alters such Services Conditions.
4. We may make changes to any Services offered on the Platforms, or to the applicable prices for any such Products or Services, at any time, without notice (except as may be applicable under relevant Services Conditions).
5. The Content on the Platforms with respect to Services may be out of date, and we make no commitment to update such Content on the Platforms.
6. Services Conditions may be changed from time to time and are effective immediately upon posting such changes on the Platforms.
7. Services Conditions can be found on the Platform or as we otherwise indicate.

5. REGISTRATION OF USERS

1. To access or use certain parts of the Platform, you will be required to register as a user and open an account (including setting up an identification name and password) and agree to certain terms and conditions.
2. When registering as a user of the Platform, you must:
   1. provide us with accurate, complete and up-to-date registration information, as requested;
   2. provide us with a form of identification to verify your identity, if requested; and
   3. inform us of any changes to your registration information.
3. When registering as a user of the Platform, you must not:
   1. register as a user multiple times or more than once using one email address; or
   2. impersonate or create a user registration for any person other than yourself.
4. As a registered user of the Platform, you must:
   1. ensure the security and confidentiality of your user registration details, including any username and/or password that you select;
   2. notify us immediately if you become aware of any unauthorised use of your user details; and
   3. not permit your user details to be used by or transferred to any other person.
5. You are entirely responsible for all activities which occur under your user details as a result of your failure to keep your information secure and confidential (including unauthorised use of your credit card or other payment details).
6. We reserve the right to, in our sole discretion, suspend or terminate your use or access to all or any part of the Platform, including if we believe you:
   1. are abusing the use of the Platform in any way;
   2. have breached these Terms, including any provision of clause 6; or
   3. are no longer an active user of the Platform.
7. If we suspend or terminate your use or access to all or any part of the Platform, we may, without limitation:
   1. delete and/or remove or prevent further access to any or all of your Material; and
   2. refuse to allow you future access to the Platform or use of our Services.

6. USE OF THE PLATFORM

1. You must not, without our prior written consent:
   1. use the Platform in breach of any applicable laws or regulations;
   2. use the Platform (or Content obtained from the Platform):
      1. to transmit (or authorise the transmission of) “junk mail”, “chain letters”, unsolicited emails, instant messaging, “spimming,” “spamming” or large amounts of untargeted, unwanted or repetitive content, other than to share links to or content you generate by and through the Platform on those of your authorised social media platforms for the purposes of beneficially sharing your use of the Platform and the Services and promoting the Platform and the Services
      2. to impersonate any person or entity;
      3. to solicit money, passwords or personal information from any person;
      4. to harm, abuse, harass, stalk, threaten or otherwise offend others other than accessing user location data made available to you in the manner intended by the Platform; or
      5. for any unlawful purpose;
   3. use the Platform to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any Material that, in our opinion:
      1. is not your original work or material in which you do not have all relevant Intellectual Property Rights, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the Intellectual Property Rights or other rights of another person;
      2. contains, promotes or provides information about unlawful activities or conduct;
      3. is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, vulgar, profane or otherwise unlawful, including Material that racially or religiously vilifies, contains cruelty or abuse (including to animals), incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
      4. exploits another person in any manner;
      5. contains excessive violence or sexual acts;
      6. includes an image or personal information of another person or persons unless you have their consent;
      7. poses or creates a privacy or security risk to any person;
      8. you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
      9. contains restricted or hidden content;
      10. contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
      11. advertises, promotes or solicits any goods or services or commercial activities;
      12. contains financial, legal, medical or other professional advice;
      13. interferes with, disrupts, or creates an undue burden on the Platform or any systems, or networks connected to the Platform; or
      14. uses any deep-link, page-scrape, robot, spider or other automatic device, program, algorithm, or methodology or any similar process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the Platform or any Content on it;
   4. copy, store, alter, reproduce, republish, upload, post, display, transmit or distribute any part of the Platform or Content to any other device, server, website or other medium for publication or for any commercial enterprise or use;
   5. use the Platform with the assistance of any automated scripting tool or software;
   6. frame or mirror any part of the Platform;
   7. use code or other devices containing any reference to the Platform to direct other persons to any other web page;
   8. attempt to gain unauthorised access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any of our servers, or to any of the Services offered on or through the Platform, by hacking, password mining or any other illegitimate means;
   9. probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform;
   10. reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Platform to its source, or exploit the Platform or any service or information made available of offered through the Platform, in any way where the purpose is to reveal any information, as provided for by the Platform;
   11. use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform or with any other person’s use of the Platform;
   12. modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Platform or cause any other person to do so;
   13. delete any attributions or legal or proprietary notices on the Platform;
   14. use the Platform for any activities that violate public welfare, including slander, defamation and activities that damage property or violate personal privacy;
   15. use the Platform for any activities involving the use or provision of harmful programs (including those with computer viruses);
   16. use the Platform for activities that violate laws and regulations/ordinances or activities that could result in violation of laws and regulations/ordinances; or
   17. use the Platform for any other activities that we determine to be inappropriate.
2. You may use Content and information on our Services purposely made available by us for access via from the Platform, provided that you, unless we provide our written consent otherwise:
   1. do not remove any proprietary notice in copies of such documents;
   2. use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; and
   3. make no modifications to any such information.
3. You must, immediately upon our request or as we direct, remove, take down, modify and/or remedy and reference, post, share or upload you make on any social media or internet-based platform that contains any Content in connection with the Platform or the Services.

7. MATERIAL OF USER

1. By uploading, transmitting, posting or otherwise making available any Material via the Platform (where permitted), you:
   1. grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form and for any purpose;
   2. warrant to us that you have the right to grant the licence above;
   3. warrant to us that the Material does not breach these Terms; and
   4. unconditionally consent to a breach or infringement of your moral rights (as defined by the Copyright Act 1994 (NZ) ) which you may have in respect of the Material and you irrevocably and unconditionally consent and agree to waive any moral rights you may have in them.
2. We reserve the right (but have no obligation) to:
   1. review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
   2. monitor use of the Platform, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.
3. Notwithstanding clause 7.2, you acknowledge that we have the right, but are not obliged, to:
   1. review, moderate or monitor your use of the Platform; or
   2. confirm whether any Material you upload using the Platform complies with these Terms.
4. We are not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on the Platform by any person other than us.
5. We will not be taken to have uploaded, posted, transmitted or otherwise made Material available on the Platform simply by facilitating others to post, transmit or make Material available, nor do we endorse any opinion, advice or statement made by any person other than us.
6. You are responsible for ensuring the accuracy and completeness of any Material or information you provide to us via the Platform or otherwise in order for us to provide our Services. We are not responsible or liable to you for any loss or damage due to, without limitation, you providing us with inaccurate or incomplete information regarding the requested Services such as recipient identification or delivery information.

8. THIRD PARTY FEATURES

1. The Platform may feature or display links and pointers to websites, content and advertising owned and/or operated by third parties (Third Party Features). Third Party Features (if any) do not form part of the Platform and are not under our control. By featuring or displaying such Third Party Features we do not in any way represent that we recommend or endorse the relevant third party, its products or services. We do not accept any responsibility in connection with any Third Party Features. If you engage with any such Third Party Features, you do so entirely at your own risk.
2. The payment gateways integrated into the purchase process made available through this Platform are maintained or developed by third party service providers and are not maintained or developed by us. Your use of such services is subject to the terms and conditions of use maintained by such third parties and we are not responsible to you for your use of their payment gateway services. You acknowledge that we have no responsibility for and are not liable in relation to any information provided to or via the payment gateway.
3. You may link to the Platform from any other website. Conditions for linking to the Platform are as follows:
   1. Linking to the Platform using the RYOBI logo is prohibited;
   2. Links must be set to the home page of the Platform;
   3. Please note that the Platform content and URL are subject to change or deletion without notice;
   4. You must not use the methods of linking that obscure the Company's ownership of content (i.e., linking within frames, etc.);
   5. You must not link from websites that contain content that falls under any prohibited matters set out in these Terms or that would breach these Terms;
   6. Linking can be refused, by us at any time, when the purpose of the link is not in accordance with the intention of the Company's Platform or in the event that providing such a link could result in damage to the Company's reputation or credibility.
4. If you contact a person using functionality provided on the Platform, we do not accept any responsibility for any communications or transactions between you and the relevant person.
5. From time to time, we may promote, advertise, or sponsor functions, events, offers, competitions or other activities that may be conducted offline and may be conducted by third parties. You participate in any such activities entirely at your own risk. We do not accept any responsibility in connection with your participation in activities conducted by any third party. These communications and/or activities may be subject to separate terms and conditions and are conducted in accordance with the terms of the Privacy Policy.

9. CONTENT DISCLAIMER

1. You assume total responsibility for your use of the Platform and any linked independent third-party websites. We assume no responsibility for the content of third party's websites linked to the Platform.
2. Except where expressly stated otherwise, Content on the Platform is provided as general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.
3. The Platform contains information about forward-looking statements related to such matters as the Company's plans, strategies, and business results. These forward-looking statements represent judgments made by the Company based on information available at present and are inherently subject to a variety of risks and uncertainties. The Company's actual activities and business results could differ significantly due to changes including, but not limited to, changes in the economic environment, business environment, demand, and exchange rates. You/users should be aware that this Platform does not represent an offer or a solicitation of an offer to buy or sell securities. It should be noted that investment decisions are your responsibility and the responsibility of the users. The Company's Platform also contains IR information that has been listed following the elapsing of a specified period of time after this information is disclosed to news media.
4. Product Availability and Pricing Disclaimer: We do not sell any products direct to consumers, all RYOBI products are sold through Bunnings. We do not guarantee that the products displayed on any RYOBI Platform are current and available for purchase or are sold for the price stated. This information is a guide only. This information is obtained from the Bunnings website and may not be up to date or accurate.
5. Products may no longer be available for purchase from Bunnings and this information is intended for product information purposes only. Please check with Bunnings to see if the product is available for purchase and what the purchase price is. Availability and pricing of products and services are subject to change without notice on the Platforms. Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions.
6. Current product information is updated once per day and we endeavour as best as possible to align with the information on our retailers’ site/s (Bunnings). We do not accept any liability or responsibility whatsoever for the information published in relation to product availability and product pricing, we recommend you check the Bunnings website for accurate information in relation to product availability and pricing for all purchases. If you need to know whether an item is currently available for purchase and what the current purchase price is, please contact Bunnings or your local Bunnings store.
7. We shall not be liable for any damages, including, but not limited to, direct, indirect or consequential damages on account of use of information or any other materials from the Platform, or inability to use or access the Platform.
8. You acknowledge and agree that:
   1. transmissions on the internet are never completely private or secure and you understand that any message or information you send to or download from the Platform (where permitted) may be read or intercepted by others;
   2. we are not responsible for, and accept no liability in relation to, any other users’ use of, access to or conduct in connection with the Platform in any circumstance;
   3. we cannot ensure that any images, files or other data you download, share or obtain from the Platform (if you are permitted to do so) will be free of viruses or contamination or destructive features;
   4. the Platform and its Content is delivered on an as-is and as-available basis;
   5. while we use reasonable endeavours to ensure that the Platform is available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure, error free, or that any defects will be corrected, or that your use of the Platform will provide specific results or benefits and we will not be liable for the same; and
   6. your sole remedy against us for dissatisfaction with the Platform or any Content or Material is to stop using the Platform.

10. EXCLUSIONS + LIMITATIONS

1. All express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), relating to these Terms, that are not contained in it, are excluded to the fullest extent permitted by law.
2. Any liability arising in relation to your use of the Platform, however arising and whether for consequential loss or otherwise, including any liability arising by virtue of any representation or warranty, whether express or implied by law, is hereby excluded to the fullest extent permitted by law.
3. No warranty is given and we will not be liable for:
   1. alterations, modifications or variations to the Platform or Content which are not performed by us;
   2. damage or failure caused by unusual or non-recommended use or application of the Platform or Content;
   3. updates to the iOS, Android or other relevant mobile operating platform, the API environment for the relevant mobile operating platform or any other release of a version of any relevant software which renders features of the Platform unstable or unusable; and/or
   4. loss caused by any factors beyond our control.
4. We will not be liable for any special, indirect, consequential or economic loss or damage or loss of profits (in contract or tort or arising from any other cause of action) suffered by you or any other person resulting from any act or omission by us.
5. You are solely responsible for your own personal safety at all times while using the Platform and you assume responsibility for anyone you contact using the Platform. You expressly acknowledge and agree that your use of the Platform is at your own personal and sole risk.
6. You assume full responsibility for any information you transmit via the Platform.

11. NOTICE OF INFRINGEMENT

1. If you think that the Platform has been accessed or used by another user in breach of the Terms, please email us at customerservice@tti.co.nz
2. If you wish to send us a copyright infringement notification, you must:
   1. identify the Content or Material(s) that you believe infringe(s) your copyright;
   2. identify each copyright protected work in which you own the rights and which you believe has been infringed;
   3. identify how each copyright protected work has been or is being infringed; and
   4. include your contact information.

12. GENERAL

1. Indemnity: You indemnify and keep us indemnified in respect of all damages, losses, costs and expenses (including legal costs) that we may incur as a result of your use of, access to, conduct in connection with, breach or alleged breach of these Terms.
2. Lawful purpose: You shall ensure that the Platform is used only for lawful purposes and in accordance with any applicable laws.
3. Binding: These Terms shall bind our successors, administrators and permitted assigns and your executors and permitted assigns, or, being a company, its successors, administrators and permitted assigns.
4. Force Majeure: If a Force Majeure Event occurs, we may:
   1. totally or partially suspend any Platform, any part of the Platforms during any period in which we may be prevented or hindered from delivering by our normal means of supply or delivery due to that Force Majeure Event; and
   2. elect to extend at our discretion the period for performance of an obligation under these Terms as is reasonable in all the circumstances.
5. Assignment: We may without notice to you assign, transfer and/or sub-contract our rights and/or obligations (in whole or in part) under these Terms. You may not assign, transfer, hold on trust or otherwise delegate any of your rights or obligations under these Terms without our prior written consent.
6. Severability: Each clause in these Terms is severable and if any clause is held to be illegal or unenforceable, then the remaining clauses will remain in full force and effect.
7. Waiver: No failure, delay, relation or indulgence on our part in exercising any power, right or remedy precludes any other or further exercise of that or any other power, right or remedy.
8. Governing law: These Terms shall be governed by the laws of New Zealand.

13. INTERPRETATION + DEFINITIONS

1. Personal pronouns: Except where the context otherwise provides or requires:
   1. the terms we, us, our, RYOBI or Company refers to TECHTRONIC INDUSTRIES N.Z. LIMITED (NZCN 297117 & NZBN 9429039761347); and
   2. the terms you or your refers to a user of the Platform.
2. Defined terms: In these Terms, unless otherwise provided, the following terms shall have their meaning as specified:
   1. Content means all text, graphics, user interfaces, visual interfaces, photographs, illustrations, audio, video, trademarks, logos, sounds, music, artwork and computer code including but not limited to the design, structure, selection, coordination, expression, look and feel and arrangement of such content contained on the Platform which is owned controlled or licensed by or to us and is protected by Intellectual Property Rights.
   2. Force Majeure Event means circumstances beyond our reasonable control shall include, but not be limited, to compliance with any laws, regulations, orders, acts, instructions or priority request of any government, or any department or agency, civil or military authority, acts of God, acts of the public enemy, your acts or omissions, fires, floods, strikes, lockouts, embargoes, wars, pandemics, epidemics, labour or material shortages, riots, insurrections or defaults of our suppliers or subcontractors.
   3. Intellectual Property Rights means all forms of intellectual property rights (whether registered or unregistered) in copyright, designs, patents, trade marks, domain names, trade secrets, know-how, confidential information, software/code and all other similar proprietary rights and all extensions and renewals thereof anywhere in the world which currently exist and/or are recognised in the future.
   4. Material means any material in which you have Intellectual Property Rights provided by you for use on the Platform or in the production, development and supply of the Services to you including, but not limited to, text, illustrations, photographs, audio, video, any combination of these or other material.
   5. Platform means all or any of the relevant platforms, apps, mobile applications, electronic interfaces and websites that are owned, provided and/or operated from time to time by us regardless of how it is accessed by users (including via the internet, mobile phone, tablet or any other device or other means).
   6. Privacy Policy means our privacy policy as amended from time to time available via our Platform.
   7. Services means software as a service and any other services that we may provide through the Platform or otherwise.
   8. Services Conditions means relevant and applicable terms and conditions for the supply of Services by us to you.
   9. Terms means these terms and conditions of access to the Platform and any additional terms, conditions, notices and disclaimers displayed elsewhere on the Platform, as amended from time to time.