Terms and Conditions

Please read these Terms & Conditions, the “Ts & Cs” relating to your use of the ocs.com/nz/ website “the site”.

By accessing the site you agree to be bound by these Ts & Cs whether you use the site or not.

INTRODUCTION

These Ts & Cs apply in respect of all and any access by you of the site. Before you use the site, you must read and agree to these Ts & Cs. By using the site you are agreeing to be legally bound by these Ts & Cs.

The site is provided by OCS New Zealand (company number 75525) whose registered office is at Level 4, 26 Virginia Avenue East, Eden Terrace, Auckland 1021.

Please note that the Ts & Cs are entirely separate from any other terms and conditions in place between you and OCS for the sale and purchase of goods and/or services which shall remain in full force and effect notwithstanding these Ts & Cs relating to use of the site. If you would like a copy of OCS’s terms and conditions of sale, please contact your OCS representative.

CONTENT

All intellectual property rights in all of the material contained within the site, the software used within the site, any materials provided to you and the data collected by the site “the content” including but not limited to patents, copyright, data base rights, trademarks, design rights and domain names over which you shall obtain no rights save as set out in the following sub-paragraph. You may access and view the content and may retrieve and display content from the site on a computer screen and/or print individual pages on paper and/or make a reasonable number of photocopies and/or store content in electronic form on your computer’s local hard-disc for your personal, internal use only. However, you may never copy, distribute, sell, publish or commercially exploit any of the content without the prior written permission of OCS. Rights to all IP for anyone using the site are reserved to OCS.

CHANGES TO CONTENT

Changes may be made by OCS to any part of the site or the content (including without limitation, these Ts & Cs) at any time. Where changes to these Ts & Cs are made, you will be notified of any such changes by including reference to the changes on the sites Ts & Cs page. By using the site after the date of any change you are agreeing to those changes. If you do not agree to any of the changes you should not use the site. Ceasing to use the site under this section does not constitute termination of the Ts & Cs or release you from any continuing obligations under these Ts & Cs.

PROVISION OF SERVICES

OCS reserves the right to vary the nature of, or terminate the provision of any service relating to the site, with immediate effect and for whatever reason.

WARRANTIES AND LIMITATION OF LIABILITY

The content is for general information only and is provided on an “as is” and an “as available” basis. OCS makes no representations and gives no warranties as to the accuracy, availability, completeness, merchantability, quality or fitness for any particular purpose of the content. OCS does not warrant that the content of the site is virus-free or that the operation of the site will be uninterrupted or error free. Except as expressly stated in these Ts & Cs, all warranties and conditions, whether express or implied by statute, common law or otherwise (including but not limited to warranties and conditions as to fitness for purpose and as to merchantable or satisfactory quality) are hereby excluded to the maximum extent permitted by law. Furthermore, OCS excludes ALL liability, howsoever caused, including direct damages and indirect and consequential losses regarding the use of the site, loss of use of any asset, loss of data, liability of any user of the site to any third party, any loss which is otherwise indirect, commercial, economic, special or consequential arising out of or in connection with the use by any party of any part of the site.

SECURITY

OCS may invalidate or otherwise suspend use of the site if (a) you are in breach of your obligations under these Ts & Cs or (b) you are notified or become aware of any unauthorised or improper use of the site by you or any third party, or of the fact that any equipment used to access the site and the services has been stolen. Although reasonable endeavours are used to maintain the site, OCS will not be liable for any losses caused by failure or stoppage of the site for any reason, including without limitation virus contamination, or deliberate damage by hackers, failure of hardware, software or systems, power failure, failure of communications lines or any criminal action. You are advised to make your own virus checks and implement your own precautions in this respect. OCS excludes all liability for contamination or damage caused by any virus or electronic transmission.

PAYMENTS

When a payment is made over the site, you authorise OCS and/or their agents to debit your account for an amount designated by you. Transactions will be entered on your account(s) as quickly as administratively possible. However, OCS shall incur no liability if it is unable to complete any payments initiated by you for any reason including but not limited to the existence of any one or more of the following circumstances:

1. If your account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account.
2. You have not provided OCS with the correct Payment Account information, or the correct name, address, phone number, or account information.
3. Circumstances beyond control of OCS such as, but not limited to, fire, flood, or interference from an outside force.

STATUTORY COMPLIANCE AND DATA PROTECTION

Both parties hereby undertake to each other that in respect of their obligations under these Ts & Cs they will at all times comply fully with all relevant legislation including without limitation Consumer Guarantees Act 1993, Fair Trading Act 1986 and the Privacy Act 2020 and all re-enactments thereof and amendments there to. Any personal data that is provided by you will be held and processed by OCS for the purpose of providing its services, and OCS may use this data for its internal administrative purposes, and any other related matters. As part of this process OCS may disclose this data to its agents and sub-contractors and other members of its group or third parties as it sees fit and such data may be used from time to time to contact you for marketing and/or other purposes. If you do not wish to be contacted, please write to the Company Secretary, OCS at the address shown above. Without prejudice to the foregoing, you will ensure that the provision by you to OCS of personal data and OCS’s use of such data in carrying out the services shall not result in OCS infringing the Privacy Act 2020.

ENTIRE AGREEMENT

These Ts & Cs constitute the entire understanding between the parties relating to the access to and use of the site. Except in respect of any fraudulent misrepresentation made by a party, the parties acknowledge that they have not relied on any representations, writings, negotiations, or understandings, whether express or implied, (other than as set out in these Ts & Cs) in entering into the Ts & Cs. Neither party limits or excludes its liability in respect of fraudulent misrepresentation.

THIRD PARTIES

A person who is not a party to this agreement shall not have any rights under or in connection with it.

SEVERANCE

These Ts & Cs are severable in that if any provision of these Ts & Cs is determined to be illegal or unenforceable by any Court of competent jurisdiction it shall be deleted to that extent and no further without affecting the remaining provision of these Ts & Cs.

HEADINGS

The headings used for these Ts & Cs are for convenience only and shall not affect the construction of these Ts & Cs.

LAW

These Ts & Cs shall be governed, construed and enforced in accordance with New Zealand Law and shall be subject to the exclusive jurisdiction of the New Zealand courts to which the parties hereby irrevocably submit.