Terms and Conditions of Trade 

GENERAL 

1. These Conditions apply to all goods supplied or sold by The Service Company Limited (together with its assignee's referred to as "TSC") to you from time to time (the "Goods"). 

2. If any provision of these Conditions is unenforceable, that provision will be deemed deleted from these Conditions and all other provisions will remain in full force and effect. 

3. These Conditions take precedence over any terms which may be offered by you. 

PRICES AND PAYMENT 

4. The prices of the Goods are shown on TSC's quotation, acceptance of order, invoice or similar document (the "Quote"). 

5. In the event of The Service Company granting credit facilities to the customer and unless otherwise stated on the Quote, payment is due on the 20th of the month following the date of delivery of the Goods. If payment is not made on the due date, TSC may charge interest on the overdue amount (as liquidated damages) calculated on a daily basis from the due date until actual payment at a rate of 2.5% per month, capitalised monthly on the 1st day of each month. You will also be liable to pay all expenses and costs (including legal costs as between solicitor and client) in relation to the recovery or attempted recovery of any overdue amount. 

DELIVERY 

6. While TSC will use its best endeavours to comply with your order specifications and delivery requirements, you will not be entitled to cancel your order or claim compensation by reason of TSC's failure to comply with your delivery requirements (including the date of delivery) or minor variations to the Goods as a result of changes to the manufacturing process or specifications. Delivery of the Goods will be completed when the Goods are delivered to your nominated premises. 

RISK AND TITLE 

7. The risk in the Goods will pass to you immediately upon delivery of the Goods in accordance with clause 6 but ownership in the Goods remains with TSC and will not pass to you until you have paid for the Goods in full. Until payment has been made in full:  (a) The Goods will be held by you as TSC's bailee and shall, if directed by TSC, be stored so that it is clear that they are the property of TSC;  (b) TSC, its agents and employees may without notice enter any property occupied by you to search for, disconnect (if applicable) and remove the Goods;  (c) If the Goods have been resold, you will account to TSC as its agent for the proceeds of such resale;  (d) TSC will not be liable to you or any other person for the exercise of its rights under this clause; and (e) you will ensure that the Goods are insured to their fullest replacement value. 

WARRANTY AND LIMITATION OF LIABILITY 

8. You acknowledge that you are acquiring the Goods for business purposes and that the provisions of the Consumer Guarantees Act 1993 do not apply. 

9. It is agreed that all statutory and implied conditions and warranties are excluded to the fullest extent permitted by law. The Goods are only warranted to the extent expressly agreed by TSC in writing, except as mandatorily required by law. 

10. To the extent permitted by law, TSC limits its liability to you arising howsoever from the supply of (or failure to supply) the Goods, or the quality or performance of the Goods to the replacement of the Goods or the supply of equivalent goods and TSC shall not be liable for any indirect, consequential or special loss of any kind. 

USE OF INFORMATION 

12. You agree that:  (a) TSC may obtain information about you from any other person (including referees and any credit or debt collection agencies) and you consent to any such person providing TSC with that information;  (b) TSC may use any information it has about you relating to your credit worthiness and give that information to any other person, including any credit or debt collection agency, for credit assessment and debt collection purposes; and  (c) Any other information collected by TSC about you may be used by TSC in the course of its business. 

PERSONAL PROPERTY SECURITIES ACT 

13.  (a) You acknowledge these Conditions constitute a security agreement for the purposes of the Personal Property Securities Act 1999 and as security for payment of the purchase price and all other amounts payable by you to TSC in relation to the Goods, you grant to TSC a purchase money security interest in all the Goods supplied by TSC to you from time to time; 

(b) The security interest granted by you to TSC secures the payment by you to TSC of all amounts you may owe TSC from time to time and at any time; 

(c) On TSC's request, you shall promptly execute any document and do anything required by TSC to enable TSC to perfect and maintain the perfection of any security interest granted by you to TSC (including by registration of a financing statement); 

(d) You shall not grant any security interest in the Goods to any other party other than TSC or TSC's assignee, except with TSC's written consent; 

(e) You waive your right to receive a copy of a verification statement relating to any security interest granted by you to TSC; 

(f) TSC's security interest in the Goods extends to any proceeds, book debts and accounts receivable arising from the sale of the Goods; and (g) You undertake to promptly advise TSC in writing if you change your name. 

EXECUTION AND GOVERNING LAW 

14. If these Conditions are signed by you by an agent or on your behalf, that agent or person signing shall at all times remain jointly and severally liable for the obligations under these Conditions. 

15. You are not entitled to assign your rights under any contract with TSC except with TSC's written consent. TSC may assign its rights under any contract with you without your consent. 

16. The laws of New Zealand govern these Conditions and you agree to submit to the non-exclusive jurisdiction of the Courts of New Zealand.

CHARGES 

17. If you pay by Credit Card, The name that will appear on your statement will be "The Service Company" .

PRIVACY NOTICE  We will not share your information with anyone, except where required to doso by law and will notify you accordingly

COPYRIGHT  All trademarks, brands, images, logos and text that may appear on this site are acknowledged as being the exclusive property of their respective owners 

UNSOLICITED ELECTRONIC MESSAGES ACT 2007  You agree that we have your permission to contact you by email, telephone call or txt message with messages of a business nature

Privacy Policy

NXP Limited ("NXP", "we", "us" or "our") is committed to protecting your Personal Information and ensuring compliance with New Zealand’s Privacy Act. Our Privacy Policy applies to anyone who visits our website/s, buys and uses our products or services, or interacts with us.

1. YOUR AUTHORISATION

1.1 Please read our Privacy Policy carefully. It contains important information about how we will collect, use, disclose, store and protect your Personal information. Your Personal Information will only be used for the purpose for which it was collected and in accordance with this Privacy Policy. We will not keep your Personal Information for longer than is required to fulfil the purpose for which it was collected.

1.2 You accept this Privacy Policy and authorise the collection, use, disclosure, storage and retention of your Personal Information by NXP as described in this Privacy Policy when you access, browse, view or use our website/s, or otherwise provide us with any of your Personal Information. If you no longer agree with our Privacy Policy or no longer wish for us to continue collecting your Personal Information, then you should immediately stop visiting our website, buying our products or services, or interacting with us. Please be aware that we may still need to continue using your information to carry out any remaining services or fulfil any remaining product orders to you, as required.

2. WHO IS COLLECTING YOUR PERSONAL INFORMATION

NXP (company number 123410) is the New Zealand agency that will be collecting, using, disclosing, storing and processing your Personal Information. If you have any questions regarding our Privacy Policy or wish to access or amend the Personal Information that we hold, you can contact our Privacy Officer at any time at privacy@nxp.nz.

3. PERSONAL INFORMATION WE COLLECT

3.1 We may collect from you the following Personal Information:

1. Name and contact details: Your name, email address, postal address, phone number and other similar contact information;
2. Credentials: passwords, password hints, and similar security information used for authentication and account access, and any information necessary to fulfil our interactions with you;
3. Payment and billing information: Information to process payments and the security information associated with your payments;
4. Interactions: Information about your purchase and use of our products or services;
   1. Payment and account history: Information about the items you purchase and activities associated with your account;
   2. Browse history: Information about the webpages you visit;
   3. Device, connectivity, and configuration: Information about your device, your device configuration, and nearby networks;
   4. Error reports and performance: Information about the performance of the products and any problems you experience, including error reports;
   5. Troubleshooting and help: Information you provide when you contact NXP for help, and other details that help us provide support;
   6. Feedback and ratings: Information you provide to us and the content of messages you send to us, such as feedback, survey data, and product reviews you write; and
5. Other information: Any information you choose to give us.

3.2 When you disclose your Personal Information to us it must be accurate, complete, up-to-date and not misleading. If you give us Personal Information about someone else, then you must be authorised to do so and you must tell that person about this Privacy Policy.

4. HOW WE COLLECT YOUR PERSONAL INFORMATION

4.1 We collect your Personal Information only when needed and for lawful purposes connected with the operation of our business. You authorise the collection of your Personal Information by us when you:

1. buy and/or use our products or services;
2. access, browse, view or use our website on your computer, mobile, tablet, or any other electronic device;
3. communicate with us;
4. enter into any of our offers, promotions or events; or
5. otherwise provide us with any of your Personal Information.

4.2 We may collect Personal Information directly from you, however we may also obtain information from you indirectly and automatically by collecting information about your interactions, use, and experiences with our products and services. The Personal Information we collect depends on the context of your interactions with NXP and the choices you make, including your privacy settings and the products and services you use. When you use our website we may collect information that is sent to us by your computer, mobile device or other access device. We may also collect your Personal Information from publicly available sources or from third parties from time to time. Any information that we collect from a third party will only be for one or more of the purposes set out in this Privacy Policy.

5. HOW WE WILL USE AND DISCLOSE YOUR PERSONAL INFORMATION

5.1 You authorise NXP to use and disclose your Personal Information for the following purposes:

1. (a) to provide you with our products and services, including to:
   
   1. communicate with you, such as sending you promotional emails about new services, special offers, promotions or information about our products and services (except if you have told us that you do not want to receive these emails from us);
   2. improve and develop our products and services;
   3. respond to your queries;
   4. verify your identity when you contact us;
   5. to bill you and to collect money that you owe us, including authorising and processing credit card transactions or undertaking credit checks (if necessary);
   6. develop new services, products, features and/or content,
2. to run and maintain our website such as ensuring our website and network system are secure;
3. for our internal record keeping purposes;
4. to allow for the operation of NXP’s business activities and functions;
5. the sale of all or substantially all of NXP’s business or assets;
6. to comply with NXP’s legal obligations; and
7. for any other purposes you authorise.

5.2 If you would like to stop receiving electronic communications from us, please tell us when we collect your information or contact us at any time on privacy@nxp.co.nz. You may also use the ‘unsubscribe feature’ included with emails. Please allow us enough time to process your request.

5.3 From time to time, NXP may disclose your Personal Information to third parties in both New Zealand and overseas, whom we engage to assist NXP in its business functions and activities. We may disclose your Personal Information to:

1. our related companies in connection with the purposes set out in this policy, particularly where our related companies use shared services (e.g. IT support, marketing, finance etc.);
2. our service providers that we have engaged to provide a service to us in relation to the website or any service that we have agreed to provide you;
3. courts, tribunals, and regulatory authorities; and/or
4. any other person or organisation that you have authorised us to disclose your information to.

5.4 We will require our third party service providers to comply with the terms of our Privacy Policy and to protect your Personal Information in a way that, overall, provides comparable safeguards to those required under New Zealand’s Privacy Act.

5.5 In some cases, we may remove personal identifiers from your Personal Information and maintain it in an aggregate form. We may combine this information with other information that we hold to produce anonymous, aggregated statistical information, which is helpful to us in improving our products and services. Once your Personal Information is anonymised, it may no longer be capable of identifying or being re-linked to you.

6. COOKIES

6.1 Our website uses cookies which help us to provide you with a better experience during your visit. Cookies are small text files placed on your computer, mobile, tablet, or any other electronic device to store data that can be recalled by a web server in the domain that placed the cookie. This data often consists of a string of numbers and letters that uniquely identifies your computer, but it can contain other information as well. Some cookies are placed by third parties acting on our behalf. We may use cookies and similar technologies to store and honour your preferences and settings, enable you to sign-in, provide interest-based advertising, analyse how our products perform, and fulfil other legitimate purposes described in clause 5.

6.2 NXP may use cookies and similar technologies for several purposes, including:

1. to help us understand your preferences based on previous or current site activity, which enables us to tailor our product and service offerings to you;
2. to help us compile aggregate data about site traffic and site interaction so that we can offer you a better user experience;
3. to authenticate you when you use our services;
4. to process information that helps us secure our services, as well as detect fraud.

6.3 To enable some of the features and functionality of our website, products and services, you may need to permit NXP to place cookies on your device. If you choose not to, then those features and functionality will not be available to you. You can remove or block cookies by using the settings in your browser but it may affect your ability to use our website.

7. THIRD PARTY LINKS

Occasionally, at our discretion, we may include or offer third party products or services on our website, or through our products or services. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our systems and welcome any feedback about these third-party sites.

8. HOW NXP STORES AND PROTECTS YOUR PERSONAL INFORMATION

NXP will ensure that your Personal Information is protected, by such security safeguards as are reasonable in the circumstances to take, against unauthorised access, use, modification, disclosure, and loss. NXP will take reasonable steps to ensure that our third parties whom we disclose or transfer your Personal Information to also take reasonable steps to protect your Personal Information in accordance with this Privacy Policy and the Privacy Act. We do not make any warranties in relation to the security of any information you disclose or transmit to us and we are not responsible for the theft, destruction, or inadvertent disclosure of your Personal Information where our security measures have been breached.

9. REQUEST ACCESS TO YOUR PERSONAL INFORMATION

You have the right to request access to Personal Information that NXP holds about you. If NXP does not give you access to the Personal Information that you have requested, then NXP will let you know the reasons why. If you are not happy with the reasons provided, then you have the right to complain to the New Zealand Privacy Commissioner: www.privacy.org.nz/your-rights/how-to-complain/.

10. REQUEST CORRECTION OF YOUR PERSONAL INFORMATION

You have the right to request correction of the Personal Information that NXP holds about you. NXP will correct your Personal Information if it is necessary to ensure that it is accurate, up to date, complete and not misleading. If NXP decides that it is unnecessary to correct your Personal Information, NXP will let you know the legal reasons for its decision. If you are not happy with those reasons, then you have the right to complain to the New Zealand Privacy Commissioner: www.privacy.org.nz/your-rights/how-to-complain/.

11. PRIVACY COMPLAINTS

If you think that your privacy rights have been breached, you can make a written complaint to NXP’s Privacy Officer by email to privacy@nxp.nz, or otherwise contact the NZ Privacy Commissioner at www.privacy.org.nz/your-rights/making-a-complaint/complaint-form/.

12. PRIVACY POLICY CHANGES

We may from time to time change our Privacy Policy. These changes may reflect, among other things, changes in applicable laws or regulations, changes to our data collection practices, and/or changes to our business, products or services. We will post any updated policies on our website. The updated Privacy Policy will take effect 14 days after the date it is posted. If you continue to use our products or services, or continue to visit our website or interact with us after the updated Privacy Policy comes into effect, then you consent to the updated Privacy Policy. We encourage you to review our Privacy Policy periodically for any changes. If you don’t agree with the changes, then you should not give your consent and cease using our products and services or not visit our website.

13. RESIDENTS OUTSIDE OF NEW ZEALAND

Our website can be accessed by people all over the world, in different countries with different laws. Other jurisdictions have different laws regarding the storage and use of Personal Information. By visiting our website and providing us with your Personal Information, you acknowledge and agree that this information may be processed for the purposes set out in this Privacy Policy and otherwise in accordance with New Zealand law.

14. DEFINITIONS

"Content" means all content delivered via the website, products and services including all text, software, hardware, scripts, graphics, photos, sounds, music, videos, audio-visual works or combinations of works, live streaming, interactive features and other materials;

"including" means "including without limitation";

"Personal Information" means any information that can be used to directly or indirectly to identify an individual, and includes sensitive information, and references to "your Personal Information" also includes any Personal Information that you provide to NXP about someone else;

"Privacy Act" means the Privacy Act 1993 and the Privacy Act 2020 and any amending or substituting legislation;

"Purposes" means the purposes for which your Personal Information is used and disclosed as specified in this Privacy Policy.