ACCESS AGREEMENT

Please read this Access Agreement (‘Agreement’) before accessing the Hilti website (‘Website’). This Agreement governs your access to and use of the Website. Entering the site indicates your acceptance of this Agreement, and you agree to be bound by it. For the purposes of this Agreement "Hilti" means Hilti (New Zealand) Limited (company number 1018686) and its associated, affiliated and subsidiary companies including Hilti Corporation. and "User" means the person who is using any Hilti website for legitimate business purposes.

By using this Hilti Website you are indicating your agreement with the following terms and conditions:

1  Access and information

a Users’ access is limited to viewing the Website solely for legitimate business purposes. By using the Website Users agree that their use is solely for legitimate business purposes and as such, to the maximum extent permitted by law, the Consumer Guarantees Act 1993 does not apply.

b Any access or attempt to access other Hilti computer systems or other information contained on Hilti systems without Hilti's consent for any reason is prohibited.

c Users agree not to use any information contained on this Website for other than legitimate business purposes.



2 Hilti's Responsibilities

a All data and calculations (including drawings) itemized on this Website are for the User's guidance only. All such data and calculations are based upon the principles, formulas and safety factors set out in the Hilti technical instructions, the operating manuals, the setting manuals, and the installation manuals. Any values therein are based on the respective average values obtained during the product testing phases. Due to variations in materials, on-site testing must be performed to determine performance at any specific site.

b Any modification of this data or calculations (including drawings) by the User without Hilti's consent or knowledge could result in the use or application of the product not fulfilling legal health and safety legislation requirements. The User agrees to indemnify and hold harmless Hilti from all claims relating to loss or damage suffered by any party due to use or applications of the product based on changes made by the User to data or calculations on any Hilti Website without the written consent of an authorised representative of Hilti.

c The WebSite has been designed in such a way so as to give a specific type of result from the data that has been entered. It remains the responsibility of the User and/or engineer responsible for the project to check these results before use and to assure that these results are suitable for the customer's specific use or application. To the maximum extent permitted by law all information and user programs provided on this Website are only aids without any guarantee as to their validity or for the accuracy of any calculation in a specific application.

d All materials posted on this Website are “as is” and without warranties express or implied, except those expressed by statute. Hilti’s liability is limited, to the maximum extent permissible by law, at its option to:

i the re-supply of the services; or
ii the reimbursement to the customer for paying someone else to supply the services.

e To the maximum extent permitted by law, all other warranties whether implied or otherwise not set out in this agreement are excluded and Hilti is not liable in contract, tort (including without limitation, negligence or breach of a statutory duty) or otherwise to compensate you for:

i any increased costs or expenses;
ii any loss of profit, revenue, business, contracts or anticipated savings;
iii any loss or expense resulting from a claim by a third party; or iv any special, indirect or consequential loss or damage of any nature whatsoever, whether caused by Hilti’s failure to complete or delay in completing the delivery of these Website services or otherwise.



3 User's responsibilities


a Users acknowledge that use of any Hilti Website is for business purposes only. In placing an order and purchasing any of the Goods, the User acknowledges and agrees that all such purchases are for business purposes only.

b Hilti is not engaged in rendering engineering or other professional services. If engineering or other expert assistance is required, the services of a competent professional person should be sought.

c Users assume all responsibilities and obligations with respect to Users’ selection of Hilti products to achieve intended results.

d As all information on this Website is for guidance only, Users assume all responsibilities and obligations with respect to any advice which Users may give to a third party without Hilti's written consent in advance in relation to any Hilti product. e Users may only use this site for lawful purposes. Users must not illegally transmit, distribute or store any material or violate any applicable regulation. This includes, without limitation, material which is protected by any Intellectual Property Rights of a third party.

f In the interests of all our Users, Hilti will co-operate with investigations by any law enforcement or relevant authorities of suspected criminal activity or violation of our systems or network.



4 Intellectual Property Rights

a All Hilti websites contain Intellectual Property Rights which belong wholly to Hilti Corporation and or other members of the Hilti Group. For the purposes of this Agreement, Intellectual Property Rights means any patents, trademarks, service marks, design rights (whether registerable or otherwise), applications for any of the foregoing, copyright, database rights, domain names, know-how, trade or business names and other similar rights or obligations whether registerable or not in any country (including but not limited to New Zealand).

b Copyright in the whole and every part of any Hilti website including the look and feel belongs to Hilti and all such copyright may not be used, sold, copied or reproduced in whole or part in any manner or in any media to any person without the prior written consent of Hilti.

c The User expressly acknowledges that all other Intellectual Property Rights on any Hilti website belong to Hilti, and that any User of any Hilti website gains no right, title or interest in or to such Intellectual Property Rights. Hilti only permits the use of the content of any Hilti website for legitimate business purposes but in no event shall any User copy, reproduce ,distribute, transmit, upload, download, store, alter, modify or display any content of any Hilti Website without Hilti's express consent or in such manner as would be prejudicial to Hilti's business interests. Further, Users may not remove or alter any trademarks or logos that appear on any material on any Hilti website.

5 Security, User identification and password protection

a Hilti user identification and passwords shall be maintained as personal and confidential. Transferring or sharing assigned user identification and password information is strictly prohibited. Any violation of this prohibition shall result in immediate termination of access to the Website as well as liability to Hilti for any damage or loss suffered by any party due to such breach. It is the Users sole responsibility to protect the Users password from unauthorized use. Therefore, the User may be responsible for any charges allocated to the Users’ user identification and password unless it is proven that such charges arose from any fault of Hilti or through no fault of your own.

b Hilti will use all reasonable means to protect any Hilti Website from any breaches of security including illegal entry by hackers and/or users of any Hilti website who act in a manner which is prejudicial to Hilti's interests. However Hilti shall bear no liability to any User for:

i the acts and/or omissions of any hacker or unauthorised user on the Website;
ii any content on the Website which has been placed by any hackers or Users of the Hilti Web site and which may contain data or information which is obscene, defamatory, indecent or otherwise unlawful; and
iii any acts or omissions of any Users and/or hackers which may infringe the Intellectual Property Rights of any third party.

c The User may find that a Hilti website is linked to or from other websites through hypertext link or other computer links. If the User decides to click on and follow any of the links contained on any Hilti Website, it will leave this Website. Hilti, as provider of this Website, will bear no liability to any User nor endorse nor take any responsibility for the contents, graphics, data and/or any other information on the site to which the User will be transferring.



6 Standard transactions

a Users acknowledge and agree that when they purchase Hilti products or services through this Website Hilti's standard Terms and Conditions of Sale shall apply to all transactions.

7 Communications

a All information communicated to Hilti through this Website may be used by Hilti in accordance with our Privacy Policy.

b Hilti takes a very serious approach to the issue of data protection. Our policy is set out in our Privacy Policy which appears at this Website's registration page. So that we may comply with our legal obligations, you are required to read and agree to the Privacy Policy should you register any personal details with Hilti through this Website. If Users do not agree to the Policy, they will not be able to become a registered user of the Website and should not otherwise provide Hilti with their personal information.

c Hilti reserves the right to modify, add or change any Hilti website, this Agreement, the Privacy Policy and any Terms and Conditions of Sale in order to keep this Website up to date. Any such changes will be effective immediately when posted on the Website. It is Users responsibility as a user of the Website to ensure that they are aware of any such changes and Users will be deemed to have accepted them if they access the Website after any changes have been made.

8 Taxes

a Any prices contained on this Website may not include Goods and Services taxes, sales, use, excise or similar taxes. Users agree to pay any Goods and Services taxes, sales, use, excise or similar tax connected with your purchase of Hilti products, or to provide Hilti with tax exemption certificates acceptable to taxing authorities and to indemnify Hilti from payment of all such taxes.

9 General

a This Access Agreement shall be governed by the laws of New Zealand. The User and Hilti hereby submit to the exclusive jurisdiction of the New Zealand courts.

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