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Legal notices

These terms and conditions apply to your use of this website. Please read them carefully. In using this website you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the website.

General:

The information provided by Smith&Smith® as specified in this website, including the internet presentation, is provided on the following terms and conditions of use:

Definitions:

In these terms and conditions "Smith&Smith®", "we" and "our" means Carglass (NZ) Limited (registration number:434172), whose registered office is 1 Rockridge Avenue, Penrose, Auckland, 1061, New Zealand.

Website Content and Access:

Whilst we use reasonable endeavours to keep the content of the website up-to-date and accurate, Smith&Smith® does not warrant that the information on this website is accurate, adequate, complete, up-to-date or free from errors or omissions. In particular, Smith&Smith® does not warrant any results or valuations which may be generated using the information provided on this website nor do we accept responsibility for any loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website.

Smith&Smith® is entitled to change, modify, substitute or remove without notice any information on the website from time to time.

Smith&Smith® may suspend, restrict, or terminate access to this website at any time without notice. All disclaimers, indemnities or exclusions in these terms and conditions shall survive any such suspension, restriction or termination.

Specific Warnings:

We do not guarantee that the website will be fault free and we do not give any warranty that the website is free from viruses or anything else which may have a harmful effect on any technology.

You are responsible for ensuring that the process which you employ for accessing this website or downloading information from the website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for interference or damage to your own computer system which arises in connection with your use of, access to, or downloading of data from, this website or any linked website.

Call Recording:

As part of our quality control procedures and to help us improve the service we give all our customers, when you speak with a Smith&Smith® Customer Service Representative by telephone, we may record your call.

Deposits:

Where we ask you to pay a deposit, this is to secure your appointment and any pre-ordering of glass that we arrange for you. If you later cancel your appointment with us, we are entitled to keep the deposit amount you have paid. You may choose to reschedule your appointment for the same vehicle within 12 months without forfeiting your deposit.

Exclusions of Liability:

Any liability we may have for any losses or claims arising from an inability to access the website, or from any use of the website or reliance on the data transmitted using the website, is excluded to the fullest extent permissible by law. In no event shall we be liable for any loss of profit, revenues, goodwill, opportunity, business, anticipated savings or other indirect loss of any kind in contract, tort (including negligence) or otherwise arising out of use of the website, save where such liability cannot be excluded by law.

Intellectual Property:

Belron® is a registered trade mark of Belron S.A. and its affiliated companies and are licensed in New Zealand to Carglass (NZ) Ltd t/a Smith&Smith®.

Glass Medic®, Glass Medic® and Device, 1-Tek® and HPX3® are registered trade marks of Belron Hungary Kft Zug Branch.

Smith&Smith® and are registered trade marks or trade marks of Carglass (NZ) Limited t/a Smith&Smith®.

The copyright in the material contained in the website, together with the website design, text and graphics, and their selection and arrangement and all software compilations and underlying source code belongs to Smith&Smith®, its subsidiaries or associated companies, licensors or providers of such information. All rights are reserved. None of this material (including the trade marks) may be used, downloaded, copied, sold, leased, modified or otherwise exploited, reproduced or redistributed without our written permission. You may, however, download or print a single copy for your own personal use, to enable off-line viewing. It is not permitted to create a link to this website without our prior written consent.

Linked Websites:

This website may contain links to other we sites (linked websites). Those links are provided for convenience only and may not remain current or be maintained.

Use of linked websites is entirely at your own risk. We are not responsible for the content or privacy practices associated with linked websites.

Our links with the linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites.

Data Protection:

We consider that the protection of all personal information we process is an important responsibility. Please see our separate Privacy Policy for details

Security of Information:

We implement data security safeguards based upon generally accepted industry standards to protect personal information from unauthorised access, use, disclosure, alteration, or loss.

Nonetheless, no data security techniques are 100% effective and where information is transmitted over the Internet, there is always some element of risk involved in sending personal information. We cannot therefore guarantee the security of personal information.

Severability:

If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision will be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.

Amendments to Terms and Conditions:

We may amend these terms and conditions at any time by publishing the amended terms and conditions on the website.

Governing Law:

These website terms and conditions shall be governed by and construed in accordance with the laws of New Zealand. Any disputes shall be subject to the exclusive jurisdiction of the New Zealand courts, to which both parties submit.

Privacy Policy

By using our services or accessing our website, you agree to the following:

1. Data Security:

Please note the terms of our statement on security

2. Collection of Personal Information:

We may collect personal information from you when you use this website and also when you interact with us other means eg by phone, by correspondence (whether by letter, fax or email), at one of our branches or when we attend at premises to provide services. Please refer to the sections below for more about the information collected from our website and also about how we may use and disclose personal information.

3. Information we collect from you through this website:

We can collect information from you online in a number of ways, through your use of this website and through our use of cookies (see our Cookie Use Policy). With regard to each of your visits to our website, we may automatically collect the following information: 

  • Technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
  •  Information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our website (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
  • Some sections of our website invite you to complete online forms or otherwise provide us with information, including your personal information, to assist us in making a booking for you or to correspond with you.  Now or in the future, we may be able to access the information you input to into our website, including any personal information which you provide.  This is so even if you do not actually submit your information to us (eg you do not finalise the requesting an appointment form) and in these cases we may use this information to ask you whether you require our service. This information will include any information which you provide to us such as:       
  • your name, home or office and/or other personal address, telephone numbers, email address and other contact details;
  •  your vehicle and insurance or fleet membership details; and
  •  records of your correspondence with us, if you have contacted us.

4. Communicating with you:

  • Each time you use our service, we may send you an email a SMS or call you by telephone to verify the order and confirming details of the goods or services requested and for the purposes of communicating with you in relation to any goods or services you may have requested. We also reserve the right to send you our service email communications from time to time regarding any technical, administrative or legal notices important to our website, and our products and services that we consider appropriate. You may unsubscribe from these notices by replying to any such notice with the word "unsubscribe" in the headline, or by contacting our Data Protection Officer whose details appear below.
  • As part of our quality control procedure we may record incoming and outgoing calls.
  • We may use and disclose your personal information to our related companies (including any joint ventures in which we or our related companies are participants) or to our third party suppliers for commercial purposes, including (as appropriate) providing goods or services to you (including processing your credit card payments), informing you of our other products and services, and to contact you to request information on the level of service we provided to you. We may use and disclose your personal information, whether collected directly by us or by an authorised third party (including your insurance company).
  • Customer satisfaction research, market research, or research looking at how to develop or improve services, may be conducted by a third party on our behalf. These third party companies may be located outside of New Zealand, and will have access only to the personal information needed to perform their research functions and not for any other purposes. Where appropriate, these companies are bound by confidentiality agreements not to disclose any information for any other purpose. You are able to request in advance not to be contacted by our research company by contacting our Data Protection Officer, whose details appear below.

5. Information shared:

  • We may disclose your personal information to any appropriate investigative third party if we believe that you are involved in any illegal or harmful conduct or if we are required to do so by law or we believe that such action is necessary to (1) comply with the law or with legal process; (2) protect and defend our rights and property or that of our customers; (3) prevent fraud; (4) protect against abuse, misuse or unauthorized use of our website; or (5) protect the personal safety or property of our customers or the public (eg. if you provide false or deceptive information about yourself or attempt to pose as someone else, we may disclose such information about you as we have to assist any type of investigation into your actions).
  • We may transfer our customer database, including personal information contained therein, to a third party who acquires all or substantially all of the assets or stock in our company or our website service whether by merger, acquisition, reorganization or otherwise.

6. Links:

Our website contains links to other websites, solely for your convenience. Please note, these links do not constitute or imply investigation, verification or endorsement of any linked website by us. We are not responsible for the privacy practices of such other websites and advise you to read the privacy statements of each website you visit which collects personal information.

7. Cookies:

For information on cookies or cookie related information please refer to our Cookie Use Policy

8. Access to and Deletion of your Personal Information:

Supply of your personal information to us is voluntary. At all times, you have the right to inspect your personal information and to request correction where it is in error.

We are required to retain your account information which may include personal information for a period of 7 years from the date of your last interaction with us (this could be a sales transaction, or some other interaction with us via our advisors or our website). This is because we may need to access historical information for regulatory and business reporting purposes.

9. Questions:

If you have any questions about this privacy policy, or the use of your personal information, or if you wish to request us to correct or stop using your personal information in any way, please write to:

Data Protection Officer
Smith&Smith
1 Rockridge Avenue
Penrose
Auckland, 1061
Email: comments@smithandsmith.co.nz

10. Changes to this policy:

The terms of this privacy policy are subject to change at any time, without notice to you. If we decide to change this privacy policy, we will post such changes on our website.

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