Terms of Use
Last updated: August 2023
Welcome to EES. The https://www.hrv.co.nz/ and https://www.ees.co.nz websites (the “Site”) are owned, operated and provided by Cristal Air International Limited, trading as “HRV” or “EES” (“EES”, “we” or “us”).
By accessing, downloading, using or browsing the Site you accept and agree to be bound by these terms of use (“Terms”). In these Terms any person who accesses the Site is referred to as “you” or “your“. If you do not agree to these Terms you should stop using the Site.
Changes to these Terms
We may change these Terms at any time without notice to you by updating them on the Site or notifying you. The revised terms will take effect when they are updated or notified and your continued use of the Site means you agree to the revised terms.
This is a New Zealand site
The Site is intended to be used by people in New Zealand only. If you access the Site from outside New Zealand, you will be responsible for compliance with local laws. New Zealand law governs the Site and these Terms and the New Zealand courts have exclusive jurisdiction.
Your use of the Site
You agree that you will not:
use the Site for any unlawful purpose;
- disrupt or interfere with the Site or servers or other software, hardware or equipment connected to or via the Site;
- introduce any viruses, trojan-horse type programs, malware or any other material that is malicious or technologically harmful to the Site;
- copy, reproduce, reverse-engineer, decompile, disassemble, resell, distribute, link to, or modify any part of the Site without our written consent (and, where relevant, the consent of our service providers), except to the extent expressly permitted by law;
- create a link to the Site from any other website without our prior consent; or
- use the Site other than as specifically permitted by these Terms.
You must comply with all third party service providers’ terms of use (for example, software providers and network service providers) when accessing and using the Site.
The above terms are for the benefit of our licensors and service providers.
Intellectual property
We, or our licensors or service providers, own all content and other materials available on, or generated by, the Site (“Content”). The Content is protected by copyright, trade marks or other intellectual property rights and laws. We grant you a perpetual, non-exclusive, royalty-free licence to use the Content for your own reasonable private and non-commercial use only.
You own the intellectual property rights in any data provided by you (“Your Data”). You are solely responsible for the legality, reliability, integrity, currency, accuracy and quality of Your Data. You grant us and our licensors or service providers a non-exclusive right to use Your Data to provide any services on the Site or as otherwise expressly permitted by you. Where Your Data is personal information, we will manage it according to the provisions set out below (Personal Information).
Personal information
We recognise the importance of keeping your personal information safe. In order to deliver our services, we need to collect accurate personal information about you, including identity and contact information and other information about your use of the services.
You agree that all personal information you give us when registering or using the Services is true, accurate, up to date, complete and not false, misleading or deceptive in any material way.
We have explained the way we use and disclose your personal information (including information derived from cookies and location information) collected by HRV in our HRV Privacy Statement and by EES in our EES Privacy Statement. By using the services, you agree that we may collect, hold, process, use and share your personal information in accordance with such Privacy Statements.
Cookies
We, or our licensors or service providers, may use cookies to track your use of the Site to help us deliver and improve the Site. A cookie is a small piece of data that a website sends to your browser that may be stored on your system.
We, our licensors or service providers, may use the information generated by cookies to track traffic patterns to and from our Site, including information like the pages you visit, the time you spend on each page, the date and time of your visit, and referring pages (pages you came from or go to).
You can disable your browser from accepting cookies but some of the Site may be unavailable if you choose to do this. By using the Site, you consent to us storing and accessing cookies on your device in connection with your use of the Site.
Analytics Tools
We, our licensors or service providers, use various web and / or email analytics tools to collect information about your use of our Site. The information we, our licensors or service providers collect through the use of such analytics tools may be information about you (e.g. services that you engage with) or anonymous information (e.g. the number of visitors per day or the average amount of time spent on the Site). By accessing and using our Site, you consent to our and their use of such analytics tools to collect information about your access to and use of the Site.
Links to other sites
The Site may contain links to other sites that we do not control. These links are provided for your convenience only. We make no representations about the accuracy of information or the quality of products and services found on any linked site. We will not be responsible for the content of any of those sites or for any loss or damages suffered as a result of you using any linked sites.
Information and tools on the Site
The Site may include information, advice or data, including calculators, estimators, or other tools (collectively, “Tools”). Such Tools are not intended to substitute your own judgment or any advice provided by your own professional advisors. All Tools are supplied under the condition that, where appropriate, you will seek independent advice and make your own judgment as to whether they are suitable for your purposes before you use them or rely on them.
You acknowledge that the Tools are for information purposes only, and that any assumptions used and figures generated are for purposes of general illustration and reference only and depend on a variety of factors which may not apply to your unique situation. You must not use, or rely in any way on, the Tools in a way which could make us liable to you or any third party.
Changes to the Site
We or our service providers can, at any time and for any reason, make changes to (including adding and removing) the functionality, format, Content, means of access, or operating system specification for, the Site (or part of them), with or without notice to you and you shall comply with all our reasonable instructions in relation to any changes to the Site. We will use reasonable efforts to ensure that any updates to the Site do not cause any problems to your use of the Site. Our liability to you if any such problems arise is limited by these Terms.
Our liability is limited
To the extent permitted by law we are not liable for any loss, damage or cost (whether direct or indirect) incurred by you as a result of:
- your use of, or your inability to use, the Site;
- your reliance on and use of the Tools, any data or information generated by using the Tools or on the Site, or the materials in any sites linked to the Site;
- any fault or error of the Site; or
- any modification, discontinuance or restriction of the Site,
even if we (or our authorised representative) have been advised of the possibility of such loss, damage, cost or expense. To the extent liability cannot be excluded, our liability is limited to $50.
Your responsibility if you breach these Terms
Your liability for any breach of these Terms is limited to $50 but this limit does not apply to any losses, damages and costs (whether direct or indirect) incurred by us as a result of your wilful breach of any of these Terms, fraud, breach of any intellectual property rights, or breach of any applicable law.
Third party rights
The Terms that give rights to our service providers or licensors are for the benefit of, and are enforceable by, our service providers or licensors under the Contract and Commercial Law Act 2017, Part 2, Subpart 1 (and its successive legislation).