Terms & Conditions

Our Terms & Conditions are available via the following links:

To view our Commercial Terms & Conditions, please fill out the following form with your information, and the branch nearest to you will be in touch soon.

Click here to enquire about our Commercial Terms & Conditions

Health and Safety Policy

Smart Environmental Limited (Smart) is committed to controlling its activities in such a manner that they do not cause harm to workers, contractors and others in the workplace.

Smart is committed to conducting business in compliance with applicable laws, regulations and the Health and Safety at Work Act 2015.

Officers, Workers and Contractors will be expected at all times to carry out their responsibilities in accordance with the due diligence requirements and the spirit and intent of this Policy.

To fulfill this Policy, Smart as the Person Conducting Business or Undertaking (PCBU) will amongst other efforts:

– Afford Health and Safety Management as a central business activity with legal compliance as a minimum.

– Take all reasonable steps to eliminate or minimise critical risk through identification, assessment, control, and review to ensure continuing effectiveness.

– Adopt a proactive and systematic approach to continuous improvement through risk based management and the ISO45001 Health and Safety Management system.

– Consult, cooperate and coordinate with Officers, Workers, Contractors and Others to ensure they have the commitment, ownership, training, skills, knowledge and resources to maintain a healthy and safe workplace.

– Allocate resources towards the most appropriate Health and Safety technology and make such technology available at all points of Smart.

– Include Health and Safety considerations in the planning of all new and existing projects.

– Work together with other PCBUs in a spirit of trust and co-operation towards optimum health and safety results.

– Review regularly the Health and Safety performance of our operations and seek opportunities for improvement.

– Ensure all incidents, near miss and injuries reported events are accurately recorded and investigated when required.

– Ensure the reporting of any unsafe work condition, equipment, hazard, accident and incident to Management immediately.

– Provide access to treatment and rehabilitation programs for employees that support a safe, early and satisfactory return to work from injury or illness, work and non-work, where possible.

– Promote a collaborative, coordinated and supported health response to pandemic events.

Environmental Policy

Smart Environmental Limited (Smart) acknowledges Environmental responsibilities ranking equally with other business objectives, taking into account plant location and design, process and discharge control.

Smart is committed to conducting our business in compliance with applicable laws and regulations.

Officers, Workers and Contractors will be expected at all times to carry out their responsibilities in accordance with the spirit and intent of this Policy.

To fulfill this Policy, Smart as the Person Conducting Business or Undertaking (PCBU) will amongst other efforts:

– Monitor the impacts that Smart has on its workers, contractors, others and the environment through a dedicated program.

– Adopt a proactive and systematic approach to continuous improvement through risk based Management and the ISO 14001 Environmental Management system.

– Implement training and awareness programs to secure the commitment, participation, and ownership of environmental initiatives by all employees.

– Address the minimisation of emissions and waste generated by the Company’s activities through research into and development of recycling processes, cleaner production techniques, and efficient utilization of raw materials through efficient logistics and operations.

– Purchasing a more sustainable fleet with lower emissions and exploring new technologies. All new vehicles will meet or exceed Euro 5 standards for both noise and emissions.

– Afford Environmental Management as a central business activity.

– Work together with other PCBUs in a spirit of trust and co-operation towards optimum environmental results.

– Allocate resources towards the most appropriate environmental technology.

– Include environmental considerations in the planning of all new and existing projects.

– Ensure that contracted services provided to Smart are delivered in a manner consistent with this Environmental Policy.

– Review regularly the Environmental performance of our operations and seek opportunities for improvement.

Privacy Policy

Effective date: October 11, 2018

Smart Environmental (“us”, “we”, or “our”) operates the smartenvironmental.co.nz website (the “Service”).

This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy.

Information Collection And Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:

Email address
First name and last name
Phone number
Address, State, Province, ZIP/Postal code, City
Cookies and Usage Data

Usage Data

We may also collect information how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Tracking & Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyse our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

Session Cookies. We use Session Cookies to operate our Service.
Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
Security Cookies. We use Security Cookies for security purposes.

Use of Data

Smart Environmental uses the collected data for various purposes:

To provide and maintain the Service
To notify you about changes to our Service
To allow you to participate in interactive features of our Service when you choose to do so
To provide customer care and support
To provide analysis or valuable information so that we can improve the Service
To monitor the usage of the Service
To detect, prevent and address technical issues

Transfer Of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside New Zealand and choose to provide information to us, please note that we transfer the data, including Personal Data, to New Zealand and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Smart Environmental will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure Of Data

Legal Requirements

Smart Environmental may disclose your Personal Data in the good faith belief that such action is necessary to:

To comply with a legal obligation
To protect and defend the rights or property of Smart Environmental
To prevent or investigate possible wrongdoing in connection with the Service
To protect the personal safety of users of the Service or the public
To protect against legal liability

Security Of Data

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Service Providers

We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analysing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Systems Terms of Use

Definitions

In these Terms, the following terms have the stated meaning:

Affiliates means any person that directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, a party.

Confidential information means any information that is not public knowledge and that is obtained from the other party in the course of, or in connection with, these Terms. Our Confidential Information includes Intellectual Property owned by us or our Affiliates (or our licensors).

Data means all data, content, images, videos and information (including Personal Information) that is stored or inputted into the Systems or otherwise made available in the Systems.

Force Majeure an event that is beyond the reasonable control of a party, excluding:

an event to the extent that it could have been avoided by a party taking reasonable steps or reasonable care; or
a lack of funds for any reason.

Intellectual Property Rights includes copyright and all rights existing anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trade-marks and designs, data and databases, data schemas, confidential information, know-how, and all other rights resulting from intellectual activity. Intellectual Property has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property.

Objectionable means includes being objectionable, defamatory, obscene, harassing, threatening, harmful, or unlawful in any way.

Personal Information has the meaning given in the Privacy Act 2020 or any subsequent amendment or replacement statute.

Start Date is the date you set up an account, or otherwise access the Systems.

Systems means the Website and any of our databases, systems, networks and software that we have enabled the User to access.

Terms means these terms titled Smart Environmental terms of use.

User means your personnel who use the System and/or have been provided with login details for the System.

We, us or our means Smart Environmental Limited and its Affiliates.

Website means the internet site at www.smartenvironmental.co.nz.

You or your means you, or if clause 3.1.2 applies, both you and the other person on whose behalf you are acting.

Interpretation
- In these Terms:
  - clause and other headings are for ease of reference only and do not affect the interpretation of these Terms;
  - words in the singular include the plural and vice versa;
  - a reference to:
    - a party to these Terms includes that party’s permitted assigns;
    - personnel includes officers, employees, contractors and agents, but a reference to your personnel does not include us;
    - a person includes an individual, a body corporate, an association of persons (whether corporate or not), a trust, a government department, or any other entity;
    - including and similar words do not imply any limit; and
    - a statute includes references to regulations, orders or notices made under or in connection with the statute or regulations and all amendments, replacements or other changes to any of them.
  - Application of Terms
    - These Terms apply to your use of the Systems and by using the Systems:
      - you agree to these Terms; and
      - where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
    - If you do not agree to these Terms, you are not authorised to use the Systems, and must immediately stop doing so.
    - We may change these Terms at any time by notifying you of the change by email or posting a notice on the Website. Unless stated otherwise, any change takes effect from the date set out in the notice. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Systems from the date on which the Terms are changed, you agree to be bound by the changed Terms.
    - These Terms were last updated on 20 November 2023.

SYSTEMS

General
- We must use reasonable efforts to provide the Systems:
  - in accordance with these Terms and New Zealand law;
  - exercising reasonable care, skill and diligence; and
  - using suitably skilled, experienced and qualified personnel.
- Non-exclusive licence
  - Our provision of the Systems to you is non-exclusive. Nothing in these Terms prevents us from providing the Systems to any other person or organisation.
- Availability
  - Subject to clause 2, we will use reasonable efforts to ensure the Systems are available during normal business hours in New Zealand. However, it is possible that on occasion the Systems may be unavailable to permit maintenance or other development activity to take place, or in the event of Force Majeure. We will use reasonable efforts to notify you by email in advance with details of any unavailability.
  - The Systems may include a range of third party service features. We do not make any warranty or representation on the availability of those features. Without limiting the previous sentence, if a third party feature provider ceases to provide that feature or ceases to make that feature available on reasonable terms, we may cease to make available that feature to you.
- Additional Services
  - We may, from time to time, make available additional services to supplement the Systems.

YOUR OBLIGATIONS

General use
- You and your personnel must:
  - use the Systems in accordance with these Terms solely for:
    - your own internal business purposes; and
    - lawful purposes
  - not resell or make available the Systems to any third party, or otherwise commercially exploit the Systems, unless otherwise agreed in writing with us.
- Access conditions
  - When accessing the Systems, you and your personnel must:
    - not impersonate another person or misrepresent authorisation to act on behalf of others or us;
    - not attempt to undermine the security or integrity of the Systems;
    - not attempt to copy, recreate or reverse engineer the Data or the Systems;
    - not use, or misuse, the Systems in any way which may impair the functionality of the Systems or impair the ability of any other user to use the Systems;
    - not attempt to view, access or copy any Data or material = other than:
      - that which you are authorised to access; and
      - to the extent necessary for you and your personnel to use the Systems in accordance with these Terms; and
    - neither use the Systems in a manner, nor transmit, input or store any Data, that breaches any third party right (including Intellectual Property Rights and privacy rights) or is Objectionable, knowingly incorrect or misleading.
  - Personnel
    - Without limiting clauses 8 and 9, no individual other than your personnel may access or use the Systems unless otherwise agreed in writing by us.
    - You may authorise any member of your personnel to be a User, in which case you will provide us with that user’s name and email address so that we can notify users of changes to the Systems as required.
    - You must procure each User’s compliance with clauses 8 and 9 and any other reasonable condition notified by us to you.
    - A breach of these Terms by your personnel (including, to avoid doubt, a User) is deemed to be a breach of these Terms by you.
  - Authorisations
    - You are responsible for procuring all licences, authorisations and consents required for you and your personnel to use the Systems, including to view, use, store, or input Data, and process and distribute Data through, the Systems, to the public or for internal business purposes.
    - If you make the Data publicly available through the Systems, you warrant that:
      - you have complied with clauses 1; or
      - the Data does not contain any Personal Information.

DATA

Analytical Data
- You acknowledge and agree that:
  - We may:
    - use Data and information about your use of the Systems to generate anonymised and aggregated statistical and analytical data (Analytical Data); and
    - use Analytical Data for our internal research and product/service development purposes and to conduct statistical analysis and identify trends and insights; and
    - use the insights to describe the benefits of the Systems to customers prospective customers.
  - our rights under clause 1 above will survive termination of these Terms; and
  - title to, and all Intellectual Property Rights in, Analytical Data is and remains our property.
- PRIVACY
  - You acknowledge and agree that to the extent Data contains Personal Information, in collecting, holding and processing that information through the Systems, we are acting as your agent for the purposes of the Privacy Act 2020 and any other applicable privacy law. Our privacy policy summarises our privacy practices and can be found here.
  - You must obtain all necessary consents from the relevant individual to enable us to collect, use, hold and process that information in accordance with these Terms.
- International storage of Data
  - You agree that we may store Data (including any Personal Information) in secure servers overseas and may access that Data (including any Personal Information) overseas from time to time.
- Indemnity
  - You indemnify us against any liability, claim, proceeding, cost, expense (including the actual legal fees charged by our solicitors) and loss of any kind arising from any actual or alleged claim by a third party that any Data infringes the rights of that third party (including Intellectual Property Rights and privacy rights) or that the Data is Objectionable, incorrect or misleading.

INTELLECTUAL PROPERTY

Ownership
- All title to, and all Intellectual Property Rights in the Systems is and remains our property. You must not contest or dispute that ownership, or the validity of those Intellectual Property Rights.
Feedback
- If you provide us with ideas, comments or suggestions relating to the Systems (together Feedback):
  - all Intellectual Property Rights in that feedback, and anything created as a result of that feedback (including new material, enhancements, modifications or derivative works), are owned solely by us; and
  - we may use or disclose the feedback for any purpose.
- Third party sites and material
  - You acknowledge that the Systems may link to third party websites or feeds that are connected or relevant to the Systems. Any link from the Systems does not imply our endorsement, approval or recommendation of, or responsibility for, those websites or feeds or their content or operators. To the maximum extent permitted by law, we exclude all responsibility or liability for those websites or feeds.

CONFIDENTIALITY

Security
- Each party must, unless it has the prior written consent of the other party:
  - keep confidential at all times the Confidential Information of the other party;
  - effect and maintain adequate security measures to safeguard the other party’s Confidential Information from unauthorised access or use; and
  - disclose the other party’s Confidential Information to its personnel or professional advisors on a ‘need to know’ basis only and, in that case, ensure that any personnel or professional advisor to whom it discloses the other party’s Confidential Information is aware of, and complies with, the provisions of clauses 1.1 and 19.1.2.
- Permitted disclosure
  - The obligation of confidentiality in clause 19 does not apply to any disclosure or use of Confidential Information:
    - for the purpose of performing a party’s obligations or exercising a party’s rights under these Terms;
    - required by law (including under the rules of any stock exchange);
    - which is publicly available through no fault of the recipient of the Confidential Information or its personnel;
    - which was rightfully received by a party from a third party without restriction and without breach of any obligation of confidentiality; or
    - by us if required as part of a bona fide sale of our business (assets or shares, whether in whole or in part) to a third party, provided that we enter into a confidentiality agreement with the third party on terms no less restrictive than this clause 20.

WARRANTIES

Mutual warranties
- Each party warrants that it has full power and authority to enter into and perform its obligations under these Terms.
No implied warranties
- To the maximum extent permitted by law:
  - our warranties are limited to those set out in these Terms, and all other conditions, guarantees or warranties whether expressed or implied by statute or otherwise excluded; and
  - we make no representation concerning the quality of the Systems and do not promise that the Systems will:
    - meet your requirements or be suitable for a particular purpose, including that the use of the Systems will fulfil or meet any of your statutory roles or responsibilities; or
    - be secure, free of viruses or other harmful code, uninterrupted or error free.

LIABILITY

Exclusion of liability
- By using the Systems, you agree to indemnify us against any loss, damage, liability, cost, expense (including legal fees) asserted by any third party and arising from your use of and access to the Systems, your breach of any of these Terms; and your infringement of any third party rights, including without limitation any property, privacy or intellectual property rights. This indemnity shall survive the duration of your use of the Systems.
- Under no circumstances will we accept liability for any direct, indirect, incidental, special and/or consequential damages or loss of profits resulting from any use or access, or any inability to use or access, the Systems.
Mitigation
- Each party must take reasonable steps to mitigate any loss or damage, cost or expense it may suffer or incur arising out of anything done or not done by the other party under or in connection with these Terms.

TERM, TERMINATION AND SUSPENSION

Duration
- These Terms and your right to access the Systems will start on the Start Date and will terminate immediately and automatically, upon our notice, if you fail to comply with any of these Terms. You may also terminate these Terms at any time by ceasing all use of the Systems and notifying us. Your obligations contained herein will survive the termination of these Terms for any reason.
Consequences of termination
- Termination of these Terms does not affect either party’s rights and obligations that accrued before that termination.
- Except to the extent that a party has ongoing rights to use Confidential Information, at the other party’s request following termination of these Terms, a party must promptly return to the other party or destroy all Confidential Information of the other party that is in the first party’s possession or control.
Obligations continuing
- Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 15, 16, 17, 18, 19, 20, 26, 27, 30, 31 and 32, continue in force.
Rights to restrict or suspend
- Without limiting any other right or remedy available to us, we may restrict or suspend your access to the Systems (either the administrative login and/or the resulting website(s), and/or delete, edit or remove the relevant Data if we consider that you (including any of your personnel) have:
  - undermined, or attempted to undermine, the security or integrity of the Systems;
  - used, or attempted to use, the Systems:
    - for improper purposes; or
    - in a manner, other than for normal operational purposes, that materially reduces the operational performance of the Systems;
  - transmitted, inputted or stored any Data that breaches or may breach these Terms or any third party right (including Intellectual Property Rights and privacy rights), or that is or may be Objectionable, incorrect or misleading; or
  - otherwise materially breached these Terms.
- Process
  - We must notify you where we restrict or suspends your access, or delete, edit or remove Data, under clause 28.

DISPUTES

Good faith negotiations
- Before taking any court action, a party must use best efforts to resolve any dispute under, or in connection with, these Terms through good faith negotiations.
Obligations continue
- Each party must, to the extent possible, continue to perform its obligations under these Terms even if there is a dispute.
Right to seek relief
- This clause 32 does not affect either party’s right to seek urgent interlocutory and/or injunctive relief.

GENERAL

Force Majeure
- Neither party is liable to the other for any failure to perform its obligations under these Terms to the extent caused by Force Majeure, provided that the affected party:
  - immediately notifies the other party and provides full information about the Force Majeure;
  - uses best efforts to overcome the Force Majeure; and
  - continues to perform its obligations to the extent practicable.
- Rights of third parties
  - No person other than us and you have any right to a benefit under, or to enforce, these Terms.
- Waiver
  - To waive a right under these Terms, that waiver must be in writing and signed by the waiving party.
- Independent party
  - You are an independent party, and no other relationship (e.g. joint venture, agency, trust or partnership) exists under these Terms.
- Notices
  - If we need to contact you, we may do so by email or by posting on the Website. You agree that this satisfies all legal requirements in relation to written communications. You may give notice to us under or in connection with these terms via the Contact Us details on the Website.
- Severability
  - If any provision of these Terms is, or becomes, illegal, unenforceable or invalid, the relevant provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity.
  - If modification under clause 1 is not possible, the provision must be treated for all purposes as severed from these Terms without affecting the legality, enforceability or validity of the remaining provisions of these Terms.
- Variation
  - Any variation to these Terms must be in writing and signed by both parties.
- Entire agreement:
  - These Terms sets out everything agreed by the parties relating to the Systems, and supersedes and cancels anything discussed, exchanged or agreed prior to the Start Date. The parties not relied on any representation, warranty or agreement relating to the subject matter of these Terms that is not expressly set out in these Terms, and no such representation, warranty or agreement has any effect from the Start Date.
- Subcontracting and assignment:
  - You may not assign, novate, subcontract or transfer any right or obligation under these Terms without our prior written consent, such consent not to be unreasonably withheld. You remain liable for your obligations under these Terms despite any approved assignment, subcontracting or transfer. Any assignment, novation, subcontracting or transfer must be in writing.
  - Any change of control is deemed to be an assignment for which our prior written consent is required under clause 1. In this clause change of control means any transfer of shares or other arrangement affecting you or any member of your group which results in a change in the effective control.
- Law
  - These Terms are governed by, and must be interpreted in accordance with, the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms.

Analytics

We may use third-party Service Providers to monitor and analyse the use of our Service.

Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

Links To Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children’s Privacy

Our Service does not address anyone under the age of 18 (“Children”).

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes To This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us:

By phone number: 0800 424 990