These terms and conditions apply to the installation and use of all web and mobile device applications (i.e. "apps") and similar functionalities made available or facilitated by PlaceMakers (Fletcher Distribution Limited) (referred to in these terms and conditions as the "Online Services" in each case and collectively for all such apps).
Please read these terms and indicate your acceptance. If you do not agree to these terms, you will not be able to use the Online Services. If you have any queries regarding these terms, or require further information, please contact us.
As between you and PlaceMakers, your access to, and use of, the Online Services is subject to the terms set out on this page (which will govern to the extent of any inconsistency with the following), together with the terms and conditions contained in the following links which are incorporated by reference:
and, as between you and the applicable third party provider:
(collectively referred to in these terms as the "Online Service terms and conditions")
By using any Online Services you represent that you have read, understood and accepted these Online Service terms and conditions as they apply to your use of the Online Services, and agree to be bound by them on each occasion that you access or use the Online Services.
You confirm that the information you have provided to PlaceMakers throughout the registration, authentication and activation process is, to the best of your knowledge, true and correct, and that any false or misleading information is likely to result in the rejection of your application and/or eligibility to use the Online Services. For the avoidance of doubt, to be eligible to access and use the Online Services you must be and remain an authorised employee or representative of a current PlaceMakers trade account holder ("Customer").
You accept that any login ID and password that you chose, or were allocated, during your registration and set-up process, or any alternative credentials set at a later time, including any unique access credentials, are for your use only, and that you will ensure that (a) these details are not communicated to any third party, and (b) that no other individual will log in using your account or unique access credentials. You may be required to re-authenticate or begin use of substitute unique access credentials from time to time. You agree to indemnify PlaceMakers against any claims or damages arising from the use or misuse of your account or unique access credentials by any other person. PlaceMakers will take every precaution to ensure the confidentiality of your login ID, password and unique access credentials.
You accept that, should you cease to be employed by or affiliated with the Customer, it is your sole responsibility to notify PlaceMakers in writing to webmaster@placemakers.co.nz. PlaceMakers accepts no responsibility for the misuse of the Online Services by ex-employees or stakeholders of Customers.
You must immediately report to PlaceMakers if you become aware or suspect that your login ID, password and unique access credentials have been compromised, disclosed, used without your authority or lost and immediately cease using your login ID, password and unique access credentials.
Within the restrictions of applicable laws and privacy requirements, you acknowledge that PlaceMakers and the applicable third party providers may track, gather, store and use any information relating to your use of the Online Services (including all usage statistics, material viewed and accessed, quotes sought, orders placed, user location, user device, user credentials and any like data) but only for purposes of administering, analysing, improving and delivering the Online Services. Any feedback, information or resulting improvements acquired or developed by us as part of such process will vest in PlaceMakers or its third party providers.
Requests and activities you carry out through the Online Services (e.g. requesting a quote) will result in the required Customer, price and other information that we hold being transmitted via the internet to our third party providers (e.g. developer of the app and/or app platform provider) via the app or other Online Service. PlaceMakers will use reasonable endeavours in contracting with third parties, but PlaceMakers is not responsible for any acts or omissions of third parties in receipt of information via the Online Services. PlaceMakers may also share information on a need-to-know basis with other members of the corporate group which PlaceMakers forms part, including in connection with delivery and improvement of the Online Services and related services.
PlaceMakers may, at its absolute discretion, suspend or terminate your ability to access the Online Services for any reason whatsoever, or introduce or alter charges for continued use of the Online Services.
Your eligibility to access the Online Services is also subject to all applicable third party provider terms and conditions, including your payment of any fees you have agreed to pay to such third party providers (Third Party Fees). PlaceMakers reserves the right to negotiate to receive administration fees or other commission payments from third party providers in respect of Third Party Fees.
You may incur charges from your mobile network and/or internet service operator for downloading and using (as applicable) the Online Services. Any such charges are your sole responsibility and any matters regarding these charges should be raised with your mobile network and/or internet service operator.
Including as set out in the PlaceMakers Standard Terms of Trade, unless expressed as final pricing, or as set out in an order which has been confirmed by us, pricing information provided to you via Online Services should be treated as a guide only and relates to the selected PlaceMakers branch only. The prices are subject to change without notice.
PlaceMakers will use reasonable efforts to ensure the accuracy and currency of information relating to product pricing, product availability and lead-times, but provides no assurances until separately confirmed by PlaceMakers to you in writing in a final order confirmation, and such items are subject to change without notice.
Access to and availability of the Online Services is not guaranteed and may be restricted or blocked without prior notice for maintenance, operational, technical or other reasons at our discretion or in accordance with applicable third party provider terms. You may only access and use the Online Services to facilitate lawful and authorised business with us and for no other purpose. You must not use the Online Services to carry out unauthorised, false or fraudulent activities and you must not take any action that could interfere with the normal operation of the Online Services.
Your use of the Online Services must not infringe the intellectual property rights of any person. The material within the Online Services is protected by copyright law and the names and logos may be trademarks and protected by trademark law. We, and any applicable third party providers and licensors, retain all intellectual property rights to the software, technology, processes, materials and methodologies in and forming the Online Services, including in respect of products and services displayed. You must not use, copy, monitor, modify, transmit, store, extract, publish or distribute any material on or accessed via the Online Services without prior written permission from us or where such permission is explicit in its context.
The Online Services contain information about third party products and services, which may include links to third party websites. We do not endorse any third party websites or third party products and services and we have no liability in respect of your dealings with the products of any third parties other than as required by law or in accordance with our terms of supply. You maintain full responsibility for your dealings with third parties and your use of third party websites, applications, products or services.
Subject to any claims available under applicable law, we are not liable (in negligence, tort, breach of contract, or otherwise) for any loss or damage (including direct or indirect loss, or special or consequential loss) arising out of or in connection with:
To the fullest extent permitted by law, we make no warranties (express or implied) and no representations with respect to:
To the extent permitted by law, PlaceMakers excludes any and all liability which we might otherwise have to you in contract, tort (including negligence) or otherwise for any loss or damage, direct or indirect, which arises out of or in connection with the download, installation and/or use of the Online Services by you or anyone else. This means we are not responsible for (amongst other things) any damage to your mobile device or other property or loss of your data, any loss you suffer as the result of use of the Online Services or any loss you suffer because the Online Services are not available or not functioning properly. If you are using the Online Services for business purposes, the New Zealand Consumer Guarantees Act 1993 will not apply. To the extent not excluded under these terms, to the extent permitted by law, any liability we do have to you will be capped at NZ$100 in total.
These terms and conditions shall be governed by and construed in accordance with the laws of New Zealand without giving effect to any principles of conflicts of law. We (Fletcher Distribution Limited, trading as PlaceMakers) and you both consent to the exclusive jurisdiction of the courts of New Zealand in connection with any legal action that may arise in relation to your use of the Online Services and / or these terms and conditions.
We may make changes to these terms and conditions from time to time. When we make changes, we will update these terms and conditions on this website.