A. Introduction and Agreement
Trimax Mowing Systems owns and operates websites and mobile apps which are referred to in these Terms and Conditions (“Terms”) as a “Service” or “Services.”
Your use of these Services and any dispute arising out of such use of these Services is subject to the laws of New Zealand.
Trimax may revise these Terms at any time and without prior notice to you. Your continued use of the Services after such changes will constitute your acceptance of those changes.
B. Content, Copyright Notice and Trademarks
“Content” refers to any documents, text, images, video, media, design, layout, look, appearance, graphics, or other materials on these Services. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms.
Content on these Services is for your general information and usage only. Content is subject to change without notice.
Unless otherwise noted, Content on these Services is protected by copyright by Trimax Mowing Systems. You agree not to delete, obscure or modify any copyright notices on the Services or Content.
All trademarks reproduced in these Services, which are not the property of Trimax or licensed to Trimax, are acknowledged on the Service. You may not use any trademarks in these Services without the prior written consent of Trimax or the relevant trademark owner.
You agree to indemnify Trimax for the cost of any claims arising from your unauthorized use of the Content in these Services.
C. Your Rights
Subject to your compliance with these Terms, Trimax grants you the right to access and display Content on your own lawfully programmed device for your personal information or for commercial purposes authorized by Trimax to the extent that you qualify as an authorized user.
As a customer or authorized dealer of Trimax Mowing Systems, Trimax grants you the right to register for an account in these Services with a legitimate username and password and access or display restricted Content available through such an account. Trimax may terminate or revoke such permission to use, download or print Content at any time without prior notice and may require you to destroy such Content in your possession.
If you have registered for an account in any of these Services, you may request the deletion of your account by contacting Trimax through the contact details provided on the Trimax Website at trimaxmowers.com/contact-us.
Trimax reserves the right to terminate or suspend the accounts of users who violate these Terms. Unauthorized use of these Services and their Content may give rise to a claim for damages and/or be a criminal offense.
If you link to any of these Services, Trimax reserves the right to limit or redirect your link at any time or to delete the Content that you link to without prior notice to you. If you link to any of these Services, you agree that you will not imply that Trimax approves or endorses you, your products or services, or any products or services of any third party. You agree that you will not provide any false or misleading information about Trimax on any website that you control or maintain.
Any links to non-Trimax websites are provided for your convenience. Such links do not signify the endorsement of Trimax, and such websites are not under the control of Trimax. Trimax has no responsibility for the content on any linked website.
Trimax may also integrate with third parties who will interact with you under their own terms of service..
E. Privacy and Personal Data
You agree that any information you provide to Trimax will be accurate, correct and up to date, and that when acting on behalf of a business, another individual, or some other entity, you are authorized to do so and to provide the information to Trimax.
If you register for an account through Trimax Services, you will be required to choose a password. You are responsible for maintaining the confidentiality of passwords associated to your account. You agree that you will not disclose your password to any third party and that you will be solely responsible for all activities and actions occurring under your account, regardless of whether you have authorized them. If you become aware of any unauthorized use of your password or of your account, you must notify Trimax immediately.
F. Warranties and Liability
Neither Trimax nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the Content found or offered in these Services for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and Trimax expressly excludes liability for damages of any kind caused by any such inaccuracies or errors to the fullest extent permitted by law. Your use of these Services and any Content is at your own discretion and risk.
“Personal Data” refers to identifiable information about you, including but not limited to your name, address, email address, telephone number, bank account details, payment information, support queries, or community comments. Personal Data does not include non-identifying information, such as data that has been aggregated and anonymized.
B. Types of Personal Data We Collect
Trimax collects the following types of Personal Data:
- Identification information: your name and surname, your telephone number, your email address, your company name, any username you use to identify yourself in our Services, your IP address, your device type
- Payment information: your debit or credit card number, your card expiration date, your CVV code, your billing address
- Demographic information: your postcode, your preferences, your interests, your survey responses, your data collected through offers, your navigation through our Services including the pages you view and the links you click on
- Internal records such as transactions from sales
If you believe that any information we are holding on you is incorrect or incomplete, please contact us as soon as possible. We will promptly correct any information found to be incorrect.
C. Sources of Personal Data We Collect
Trimax collects your Personal Data through the following sources:
- You provide it directly.
Most of the Personal Data that Trimax collects is provided directly by the user of Trimax Services. Trimax collects the information you provide when you register for an account for any of Trimax’s Services, enter any information, communicate with Trimax, respond to Trimax surveys, upload content through Trimax Services, or otherwise use Trimax Services.
Trimax may ask you to provide Personal Data when you register for an account with Trimax Services, download a catalogue, respond to a job application, email an offer, participate in community forums, engage with Trimax on social media, take part in training and events held by or involving Trimax, contact Trimax with questions, purchase Trimax products, or request support from Trimax.
If you do not agree to provide your Personal Data, you may be unable to use certain Trimax Services.
- We collect it automatically.
Trimax collects some information about you automatically when you use Trimax Services. Information which is collected automatically by Trimax is collected using cookies and similar technologies (see Section G).
- A third party provides it.
Personal Data may be collected from third party sources such as publicly available materials and databases, trusted third parties such as our marketing and research partners, or a tradeshow or organization database where you have opted into your information being shared at the time of registration. Trimax uses this information to supplement and/or validate Personal Data we have already collected.
D. How We Use Your Personal Data
First and foremost, Trimax uses your Personal Data to provide you with any services you’ve requested and to manage our relationship with you.
Provided you have opted in, we may:
- Periodically send you promotional materials about new products, special offers or other information which we think you may find interesting, using the address or email address which you have provided
- Contact you for market research purposes, for feedback on product and service improvement, or to take part in any research Trimax is conducting, which may also involve the engagement of a third party
- Providing information you’ve requested, such as training or education materials, or information Trimax is required to send to you
- Send you operational communications such as changes to our Services, security updates, or assistance with using our products or Services
- Send you marketing communications in accordance with your marketing preferences
- Use your Personal Data to display targeted advertising to you online through Trimax Services or through third party websites and their platforms, such as Google or Facebook
- Use your Personal Data to enhance our Services or develop new Services to optimize your user experience and provide you with more efficient tools
- Produce aggregated and anonymized analytics and reports which we may share publicly or with third parties for promotional purposes
Trimax may also use your Personal Data where we have a legal obligation to process and/or retain the information. Such legal obligations are not overridden by your rights.
If you have applied for employment with Trimax, the Personal Data submitted with your job application will generally be used for recruitment and other internal human resources purposes.
Trimax does not use the Personal Data we collect as a source for unsolicited emails or unsolicited postal mail. Trimax will not use your Personal Data to send you marketing or promotional material unless you have specifically consented to this.
E. Disclosure of Your Personal Data
Your Personal Data is disclosed if necessary to complete any transaction you have requested or authorized, or to provide you with a product or service. For example, we may provide payment data to banks and other financial institutions to process a payment.
We may share or disclose your Personal Data with authorized dealers, distributors, merchants and business partners. For example, we may disclose your information to an authorized Trimax dealership to administer your relationship with Trimax, including assistance with obtaining quotes, purchasing equipment or services, ordering parts, managing products and services, and warranty service.
If you are an employee or representative of a customer or dealer, we share or disclose your Personal Data with said customer or dealer.
We also share or disclose Personal Data with third party companies to perform specialized or professional functions for us (commonly referred to as “data controllers”). These include financial institutions, shipping companies, and other parties which support auditing, compliance and corporate governance functions.
Trimax Services contain plugins or third-party content such as social media connections. If you are logged in to a social media service while using a Trimax Service, the social media plugins may allow the social media platform to receive information on your use of the Trimax Services and link it to your social media account.
Should you wish to make public comments or statements about Trimax products or services or the relationship we have with you, we reserve the right to make such public comments as may be necessary to respond to or correct any misconceptions or errors of fact using the information that you have provided us.
We also share or disclose Personal Data for legal, compliance, governance, or litigation purposes.
Please note that we may also share and disclose information and data about you that is not Personal Data. For example, we may publish reports that contain aggregated, statistical and/or anonymized data about our customers and equipment.
F. How We Store and Retain Your Personal Data
Security is a priority for Trimax when it comes to your Personal Data. Appropriate technical and organizational measures such as multi-factor authentication and data encryption are in place to protect all Personal Data collected by Trimax.
Your Personal Data may be stored within third party services, such as software as a service programs, online data storage, or other cloud services or e-commerce systems.
Trimax strives to do everything reasonably possible to protect your personal information and privacy. Trimax cannot guarantee or warrant the security of any information you disclose or provide to us and Trimax is not responsible for the theft, destruction, or inadvertent disclosure of your Personal Data where our own security measures have been breached.
- Trimax has an ongoing relationship with you
- We have an ongoing business need to retain your Personal Data, in accordance with our data retention policies and practices
- Applicable laws, regulations, tax or accounting requirements, or other legal processes require us to keep your Personal Data
G. Cookies and Similar Technologies
When you use Trimax Services or open or click a communication such as an email from Trimax, we (or third parties) collect information and data by automated means using collection technologies such as cookies.
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added, and the cookie helps analyze web traffic or lets you know when you visit a particular site. We use traffic log cookies to identify which pages are being used on our website. This helps us analyze data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system
Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
H. Your Choices
You may choose to restrict the collection or use of your Personal Data in the following ways:
- Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do or do not want the information to be used by anybody for direct marketing purposes. In some cases, you may not be able to utilize our full range of products and services.
- If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us via our Contact Us page or unsubscribing via the email sent.
- You may request details of personal information which we hold about you. If you would like a copy of the information held on you, please contact us via our Contact Us page. You can write, call or email us at any time.
- You may request that we discard and/or anonymize our records of your Personal Data once they are no longer required.
I. Your Rights
You have the right to:
- Know why your Personal Data is being collected at the time of collection
- Change your communication preferences at any time
- Know what Personal Data we have about you and make sure it’s correct and up to date
- Request a copy of your personal data
- Ask us to restrict processing your Personal Data or object to our continued processing of your Personal Data
- Request that we delete any Personal Data we hold about you (subject to legal restrictions which may require us by law to retain your Personal Data for a given period)
Trimax will not sell, distribute or lease your Personal Data to third parties unless we are required by law to do so. Trimax will not sell, distribute or lease your Personal Data to third parties for promotion by third parties unless we have your permission to do so.
J. Transfer of Personal Data to Other Countries
K. Privacy Statements of Third Parties
L. Changes to this Privacy Statement
M. How to Contact Us
Please contact us with any questions about our privacy policies or practices. We prefer to communicate with you by email to ensure that you’re put in contact with the correct person, in the right location, and in accordance with any regulatory time frames. Please visit our Contact Us page at trimaxmowers.com/contact-us or email us directly at [email protected]