Terms of Use

Welcome to the plan2Site website. This website is owned by J. A. Russell Ltd.  In these terms of use “plan2Site”, “we”, “our” or “J. A. Russell” means J. A. Russell Ltd and “you” or “your” means the person using the plan2Site website.

Please read these terms of use before using this website.  By using this website acknowledge that have read and agreed to these terms of use. 

 

Content

The information on this website (including, without limitation, pricing information) may change at any time without notice. We recommend that you check the website for changes before acting upon material previously obtained from this website. While we provide the information in good faith and endeavour to ensure it is accurate, errors and omissions may occur. We accept no responsibility for the accuracy, completeness, suitability for your intended use or timeliness of the information on this website. You are solely responsible for the actions you take in reliance on the content on, or accessed through, this website.

 

Availability of this website

Due to the nature of the Internet, we cannot guarantee or warrant that the functions on this website will be uninterrupted or error free or that defects will be corrected or that this website or the server that makes it available is free of any computer virus or other harmful elements.  You must take your own precautions against the risk of computer viruses or other harmful elements and we are not liable to you or any other person for loss, damage or other consequence that arises from such matters.

 

Intellectual Property Rights

JA Russell is either the owner or licensed user of the copyright and other intellectual property rights in the material on this website. Everything on this website is copyrighted unless otherwise noted. You may not reproduce, adapt, upload, link, frame, broadcast, distribute or in any way transmit the material on this website without the written consent of JA Russell, other than to the extent necessary to view the material or as permitted by law.

 

Registered Trade Users 

A Register Trade User is a person or business that has a J. A. Russell trade credit account and enters the details of this trade account when they register as a user on the plan2Site website.  When a Registered Trade User orders goods from this website, in addition to these terms of use, the J. A. Russell standard Terms of Trade (as displayed on - www.jarussell.co.nz) also apply.  If there is any conflict between these terms of use and J. A. Russell’s standard Terms of Trade, then the standard Terms of Trade prevail.

 

You shall be solely responsible for your own user content (the “User Content”) and the consequences of posting or publishing them. In connection with User Content, you confirm, represent and warrant that: (1) you own or have the necessary licenses, rights, consents and permissions to use and to authorize plan2Site to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the plan2Site Services and this Agreement; and (ii) you have the written consent, release and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the plan2Site Services and this Agreement.

 

On-line sales 

Information about Goods and Service offering

We try to display goods on this website as accurately as possible.  However, the device you use to view this website may impact on the display of the goods.  Therefore we do not guarantee that the appearance of the goods shown on your screen will exactly reflect the actual product.  All measurements and specifications regarding goods displayed on this website are approximate only and subject to usual tolerances. 

 

Prices and Payment

For logged in Registered Trade Users – all prices displayed are trade prices excluding Good and Service Tax.  For all other users - all prices displayed include Goods and Service Tax.   Prices do not include installation materials or labour costs or the cost of any accessories unless expressly stated otherwise. 

 

Prices may increase or decrease from time to time. 

 

Compliance

You are responsible for compliance with all applicable laws, regulations and standards in connection with the installation or operation of the goods you order from this website.

 

You agree not to use or launch any automated system, including without limitation, ‘data mining’, ‘robots,’ ’spiders,’ ‘offline readers,’ and similar data gathering or extraction methods. Notwithstanding the foregoing, we grants the operators of public search engines permission to use spiders to copy Content for the sole purpose of creating publicly available searchable indices of the Content, but not caches or archives of such Content. We reserve the right to revoke these exceptions either generally or in specific cases.

You agree not to upload, post, transmit, share, store or otherwise make publicly available on the plan2Site Services any private information of any third party, including, addresses, phone numbers, email addresses, and credit card numbers. You also agree not to upload, post, transmit, share or otherwise make available any material that contains 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 telecommunications

You agree not to use the plan2Site Services to impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; equipment; to intimidate or harass another; or to use or attempt to use another’s account, service or system without authorization from plan2Site, or create a false identity on the plan2Site Services.

You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the plan2Site Services will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libellous, defamatory or otherwise unlawful material. plan2Site reserves the right to decide whether User Content (as defined below) is appropriate and complies with this Agreement for violations of third party intellectual property rights, intellectual property law and other violations, including, without limitation pornography, obscene or defamatory material. plan2Site reserves the right, in its sole discretion, at any time and from time to time, to remove any User Content and/or terminate a User’s access for any such violations or other violations of this Agreement, without prior notice. plan2Site does not endorse any User Content or any opinion, recommendation, or advice expressed therein.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the plan2Site Services (“Submissions”), provided by you to plan2Site are non-confidential and shall become the sole property of plan2Site. plan2Site shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

DISCLAIMER OF WARRANTIES

You expressly understand and agree that:

  • Your use of the plan2Site Services is at your sole risk. The plan2Site Services are provided on an “as-is” basis and without warranty of any kind. To the maximum extent permitted by law, plan2Site expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
  • plan2Site makes no warranty
    • that the plan2Site Services will meet your requirements,
    • that the plan2Site Services will be error-free or bug-free,
    • regarding the security, reliability, timeliness, availability or performance of the plan2Site Services,
    • that the plan2Site Services or the Content will be available without change of any and all content, software and other items used or contained in any of the plan2Site Services and any of the Content, and
    • that any errors in the plan2Site Services will be corrected.
  • Any content or material downloaded or otherwise obtained through the use of the plan2Site Services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such content or material.
  • None of the plan2Site Services is intended for use in the operation of nuclear facilities, life support systems, emergency communications, aircraft navigation or communication systems, air traffic control systems, or any other such activities in which case the failure of the software could lead to death, personal injury, or severe physical or environmental damage.
  • No advice or information, whether oral or written, obtained by you from plan2Site or any third party or through the software shall create any warranty not expressly stated in these terms and conditions.

 

Routine Security Checks

We may contact you in order to confirm the validity of delivery details supplied or any other aspect of your order.  We may also perform security checks on orders that raise a security alert based on purchase type or level or other criteria.  We may cancel any order that appears to us to be fraudulent (including after we have confirmed receipt of the order).

 

Order refusal or cancelation because of error

While we try to ensure that the price and description of goods on this website is accurate, if there is an error with the listing of the relevant goods on this website or an error in the processing of your order, we may refuse or cancel the order (including after we have confirmed receipt of the order). 

 

Disclaimer/Limitation of Liability

To the extent permitted by law:

  • We are not liable to you or any other person for any loss, damage or other consequence arising from your use of this website or any linked website or any advice, opinion, information, reference, material, representation or omission (whether negligent or otherwise) contained on this website;
  • We give no warranties in relation to the fitness for purpose, freedom from computer virus, accuracy or availability of this website or any other website;
  • We are not liable to you or any other person for any loss, damage or other consequence arising because we cancel your order in accordance with our rights under these terms of use;
  • We are not liable to you or any other person for any loss, damage or other consequence arising from our failure to deliver (or make available for collection) any goods ordered by you by a particular date;
  • We are not liable to you or any other person for any loss, damage or other consequence arising from improper storage, installation or use of goods after they have been delivered to or collected by you;
  • We do not give any warranty to you regarding the goods you order from this website. However a warranty from the manufacture may apply and, if it does, we will endeavor to assist you in obtaining the benefit of this warranty (without us being directly liable to you);
  • All warranties, guarantees, conditions or terms imposed or implied by law are expressly excluded from our agreement with you for the sale of the goods or any other agreement we have with you in connection with the use of this website;
  • We have no liability to you or any other person in connection the goods ordered by you from this website or otherwise relating in any way to this website for any loss of profit (whether direct or indirect) or any consequential or indirect loss or damage of any kind; and
  • Where we do have liability to you or any other person in connection the goods ordered by you from this website, our total liability is limited to (at our option) replacing the relevant goods, repairing the relevant goods or refunding the sale price of the relevant goods.

 

To the extent permitted by law, all of the exclusions and limitations of liability set out in these terms of use apply whether the liability arises by way of warranty, contract, statute, tort (including, but not limited to negligence) or otherwise.

 

You may not assign any of your rights under these terms of use to any person without our written consent.

 

Consumer Guarantees Act 

Nothing in these terms of use limit or affect your rights as a consumer under the Consumer Guarantees Act 1993 to the extent that such limitation or other contracting out is prohibited by that Act.

 

on2Site portal


on2Site portal is for Trade Customers
A Trade Customer is a customer that holds a credit account with JA Russell. Trade Customers may use the on2Site portal
section of this website to access their account information and engage in online trading with JA Russell. JA Russell may
withdraw the right of any Trade Customer to use the on2Site portal at any time without notice.

Access security for on2Site portal
A username and password is required to use the on2Site portal and access the Trade Customer’s account information and engage in online trading with JA Russell. An Administrator Username will be provided to the Trade Customer. The Administrator Username can create further usernames and tailor the range of information that each such username can access using the on2Site portal. The Trade Customer is responsible for deciding whether or not to use your Administrator Username to create other usernames for your employees or others to use. The Trade Customer is responsible for any commitments with JA Russell made by you or on your behalf using your Administrator Username or any other usernames created by your Administrator Username. The Trade Customer is responsible for maintaining the confidentiality and
security of your Administrator Username and password and all other usernames and passwords.

Online Trading - ordering process, pricing, availability and collection/delivery date requests
When you order goods from JA Russell using this website, you are making an offer to purchase those goods from JA Russell. JA Russell may accept or decline that offer in its sole and absolute discretion. An order will not be considered to be accepted by JA Russell until the goods are dispatched by JA Russell for delivery to, or pick up by, you. In all cases, the sale and purchase of goods initiated online through this website are governed by and subject to JA Russell’s credit policy and JA Russell’s standard Terms of Trade as amended from time to time and displayed on this website.


Unless expressly stated otherwise, the prices and charges listed on this website do not include GST. Prices do not include installation, fixings or accessories unless expressly stated otherwise. Additional freight charges may also apply where you have requested that the goods be delivered to you.


Prices are subject to change without notice. Please note that we reserve the right to alter prices at any time prior to dispatch of the goods. If this should happen after you have ordered the goods, we will contact you to confirm that you wish to proceed with the order at the altered price prior to dispatching the goods.


Online and in store pricing may differ
All goods displayed are subject to availability. Not all branches stock or display all goods. All information on this website regarding the availability of goods (including, without limitation, indicators as to whether a good is in stock) and stock on hand quantities is provided as a good faith estimate and not as a commitment. We are not bound by such estimates and are not liable for any loss, damage or other consequence arising because such information is not correct. Please note that availability of goods and stock on hand quantities information on this website is updated overnight prior to the start of each trading day and is not updated in “real time” to take account of purchases as they are made during the trading day. 

If, when placing an online order for goods, you request a collection date/time or a delivery date, we will endeavour to meet that request, but we are not bound to do so. Where we think that we will not be able to meet your request, we will endeavour to tell you and advise an estimated ready for collection or delivery date. We are not liable for any loss, damage or other consequence arising because a requested collection date/time or delivery date or any other estimated ready for collection or delivery date is not met.

Remember that price information may change at any time.
As noted above, the pricing information on this website may change at any time without notice. While we always endeavour to make changes to our pricing once a month at the end of the month (with these changes being effective from the first trading day of the next month), this is not always possible. Prices may change at other times without notice.

If you download price information from the on2Site portal section of this website to use within your business (for example, by downloading your My Catalogue or your All Product files), it is your responsibly to ensure that the downloaded price information that you are using at any time is up to date and accurate at that time.

Promotions 

All promotions (including, without limitation, special prices, give aways, other special deals or competitions) displayed on this website are for Trade Customers only and are subject to the specific terms and conditions for that promotion. Unless expressly stated otherwise, all promotional pricing does not include GST. All promotions apply only while stocks last

 

Links to other websites 

This website may contain links to other websites operated by third parties that are not associated with JA Russell. These links have been provided solely for you to obtain further information that may be relevant to you. JA Russell has no control over the information on these sites or the products or services on them and therefore we make no representations regarding the accuracy or suitability of such information, services, or products. Inclusion of a link to a third party website should not be seen as JA Russell’s endorsement of that party’s website.
By linking to sites operated by third parties, JA Russell is not authorising the reproduction of any material on such websites, as such material may be the subject of intellectual property rights belonging to others.

Disclaimer

While we endeavour to provide accurate information on this website, errors and omissions may occur. All material in this website is supplied on the basis that you will make your own determination as to its suitability for use by you. JA Russell does not accept any liability for any loss or damage which may directly or indirectly result from your use of this website or any linked website or any advice, opinion, information, material, representation or omission (whether negligent or otherwise) contained on this website.
To the extent permitted by New Zealand law, JA Russell makes no warranties in relation to the merchantability, fitness for purpose, freedom from computer virus, accuracy or availability of this website or any other website.

 

Privacy

Please read our Privacy Policy to understand how your personal information will be treated when you use this website.

 

Jurisdiction 

This website is governed by and is to be interpreted in accordance with the laws of New Zealand. This website has been designed and developed for use within New Zealand and is not intended for viewing or use by visitors outside of New
Zealand.

 

Alterations to terms of use 

We may amend these terms of use at any time. Amendments will be effective immediately upon updating this website. These terms of use were last updated in December 2020.