Mack Trucks, Inc. ("Mack") maintains this site (the "Site") for your personal entertainment, information, education, and communication. Please feel free to browse the Site. You may download material displayed on the Site for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, report, or use the contents of the Site for public or commercial purposes, including the text, images, audio, and video without Mack's advance written permission.
Your access and use of the Site is also subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreement regarding this subject matter between you and Mack is superseded and of no force or effect.
WEBSITE TERMS AND CONDITIONS
Motor Truck Distributors NZ Limited appreciates your interest in its products and your visit to this website. These terms apply to your use of the website.
Website means www.macktrucks.co.nz
MTD Trucks means Motor Truck Distributors NZ Limited.
Sime Darby means Sime Darby Motor Group (NZ) Limited.
2. TERMS AND CONDITIONS
2.1 Ownership: This Website is owned and operated by Motor Truck Distributors NZ Limited.
2.2 Use of this Website: By accessing or using this Website you agree that you have read, understood and are bound by these terms. Your use of this Website is subject to the following conditions and all applicable laws. If you do not agree with these terms then you are not permitted to use or browse this Website.
2.3 Modification to Terms: MTD Trucks may modify, alter or otherwise update these terms and conditions from time to time, with or without notice. It is your responsibility to regularly check the Website to determine if there have been changes to these terms and conditions and to review such changes. You agree to check these terms and conditions and to be bound by such terms as are in effect at the time at which you access this Website. Your continued use of this Website after any change constitutes your acceptance of any new terms.
3. WEBSITE CONTENT
3.1 Copyright: Information on this Website is owned by or licenced to MTD Trucks. All material on this Website, including without limitation, text, images, designs, graphics, pictures, video, software, music and sound files, the layout, the look-and-feel and any other information contained on or in this Website (collectively referred to as the Content) is subject to copyright, various intellectual property protections (registered and unregistered) and other proprietary rights.
3.2 Restrictions: You may not copy, reproduce, display, publish, upload post, transmit, store (including in electronic form) or modify in whole or part, whether in text, graphic, audio or video any part of the Content without the prior written permission of MTD Trucks. You may not upload or republish Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Content is strictly prohibited.
3.3 Trademarks: Trademarks, logos, model names, brands and service marks (collectively referred to as Marks) displayed on this Website are registered or unregistered Marks of MTD Trucks or Sime Darby and have been licenced to MTD Trucks or Sime Darby for use on this Website by third parties. MTD Trucks or Sime Darby is the owner or licensee of the Marks. You may not use any of these Marks without the prior written permission of MTD Trucks.
4. UNAUTHORISED USE OR INTERFERANCE
4.1 Interference with the Website: You may not:
(a) attempt to gain unauthorised access to any portion or feature of the Website, or attempt to obtain any materials, information or documents through any means not purposely made available by MTD Trucks, including without limitation, hacking, password mining or otherwise accessing data without authorisation;
(b) test the vulnerability of the Website or any network connected to the Website or seek to trace any information on any other user of the Website;
(c) upload or use any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or the Website;
(d) use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website;
(e) use automated scripts to collect information from or otherwise interact with the Website;
(f) impersonate any person or entity, or falsely state or otherwise misrepresent yourself;
(g) use or transmit the private information of any third party, including, without limitation, names, addresses, phone numbers and email addresses.
4.2 Compliance with Laws: You agree to comply with all applicable laws and with these terms and conditions at all times when using the Website.
6. INFORMATON, INTERACTIVE FEATURES AND SERVICES
6.1 Subject to change: MTD Trucks may from time to time make information, interactive features, services and information available on the Website. MTD Trucks endeavours to ensure that all information (including parts, service and product features, models, illustrations, representations, specifications and prices), whether alone or part of an interactive feature or service on this Website, is accurate at the time uploaded to the Website. However product features, models, illustrations, representations, specifications and prices, are subject to change without notice and MTD Trucks makes no commitment or representation as to the information or the availability of any good or service.
6.2 Indicative Only: All information (including parts, service and product features, models, illustrations, representations, specifications and prices) whether alone or part of an interactive feature or service and any visual representations provided by MTD Trucks is for information purposes only and is not intended to be relied or acted upon for any particular purpose.
6.3 MTD Trucks authorised Dealers: The information on this Website should always be read in conjunction with other materials and information available from MTD Trucks and MTD Trucks authorised dealers.
7. ELECTRONIC MESSAGES
7.1 Consent to Receive Electronic Messages: If you enter your email address into the Website then you have agreed to MTD Trucks or MTD Trucks authorised dealers providing you with unsolicited information about Mack Trucks products and services in electronic form to that email address.
7.2 Electronic Messages: Every unsolicited email which Mack Trucks or a Mack Trucks authorised dealer sends you containing information about Mack Trucks products and services will include the following:
(a) an unsubscribe facility which will remove your email address from MTD Trucks database within 5 working days of MTD Trucks receiving your unsubscribe request.
7.3 Removal of your Email Address: You may request that MTD Trucks delete your email address at any time by either contacting MTD Trucks New Zealand Limited in writing, email or using the functional unsubscribe feature on an email you may have received from MTD Trucks.
8. EXCLUSIONS OF WARRANTY AND LIABLITY
8.1 Links: Links and references to other Websites may be included on this Website as a convenience only. MTD Trucks may not have reviewed and does not endorse or assume any responsibility for any other websites, material posted on them, or products or services offered on those websites.
8.2 Transmitted Information: You acknowledge that any information or material which you provide electronically through your access to or usage of this Website is not confidential or proprietary and acknowledge that unprotected communication over the Internet is subject to possible interception, alteration or loss. You acknowledge and agree that Internet transmissions are never entirely secure or private, and that any message or information you send to or through the Website may be read or intercepted by others, even where a Website is stated as being secure. MTD Trucks shall have no liability for the interception or 'hacking' of data through the Website by unauthorised third parties.
8.3 Website content: MTD Trucks may update the information or materials on this Website from time to time and no assurance is given that information or material on this Website is up-to-date, accurate, error-free or complete. MTD Trucks does not represent or warrant that the information, services or materials accessed from or through this Website will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected.
8.4 Website functionality and availability: MTD Trucks makes no representation or warranty regarding the functionality or condition of this Website, its suitability for use, or that its use will be uninterrupted or error-free.
8.5 Liability excluded: MTD Trucks will not be liable to any person or entity for any damage, direct or indirect, incidental, special or consequential for access to, use of or inability to use this Website. MTD Trucks assumes no liability for errors or omissions in the content or any services available on this Website including any inaccuracies and for any non-compliance by any goods or services with any representations, illustrations, specifications, product features, colour or other information contained on this Website. This Website and all content, features, and services on this Website are provided "as is" without warranty of any kind, whether express or implied, including but not limited to implied warranties of fitness for a particular purpose.
8.6 No Contracting Out: Nothing in these terms and conditions should be taken to limit the operation of the Fair Trading Act 1986 or the Consumer Guarantees Act 1993.
9.1 Passwords: Where you register on the Website you may be asked for your name, email address and a password. Because your username and password allows online access to information you have stored MTD Trucks advises you to keep your username and password secure and you should not give out your user name or password to any other person. MTD Trucks will never ask you to disclosure your password.
9.2 Password Security: MTD Trucks recommends the password you select should not relate to any readily accessible data such as your name, birth date, address, telephone number, driver's licence, licence plate or passport. Nor may it be an obvious combination of letters and numbers, including sequential or same numbers or letters. You are entirely responsible for maintaining the security of your login and password, and for all activity which occurs on or through your account, whether authorised or unauthorised. If any unauthorised party gains access to your username and password, please notify us immediately and change your password immediately. MTD Trucks shall not have any liability for your failure to comply with these obligations.
10.1 Contact Details: You may contact MTD Trucks by emailing firstname.lastname@example.org or by mail to the Marketing Manager, MTD Trucks, Private Bag 11027,Palmerston North 4442
10.2 Governing Law: Use of this Website and these terms shall be governed by the laws of New Zealand without reference to principles of conflict of laws. You agree to be bound by such laws and irrevocably agree to submit to the jurisdiction of the courts of New Zealand in connection with the interpretation or application of these terms. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.