Terms and conditions

OVERVIEW

This website is operated by Mata International Ltd. Also trading as “Matagas”. Throughout the site, the terms “we”, “us” and “our” refer to Mata International Ltd. Mata International Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

SECTION 1 –WEBSITE’S TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only at our sole discretion.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 5 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 6– APPLYING TO BECOME A CUSTOMER

You can apply to become a customer in a number of ways, including by signing up on our website, or via our Matagas App or over the phone. To apply to become a customer, you must provide all of the information requested during the application process.

 

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to the Website Terms of Service.

 

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

 

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 13 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Mata International Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 14 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

 INTRODUCTION

The following terms and conditions are general terms and conditions for LPG cylinder delivery customers and are subject to individual contracts. Where there is an individual signed contract, that contract takes precedence over the general terms and conditions.

Mata International Limited trades as “Matagas”. The terms “we”, “us” and “our” refer to Mata International Ltd. These terms form part of your agreement with Matagas for the supply of LPG to your premises (reticulated LPG or bottled LPG). By becoming or remaining a Matagas customer, you agree to these general terms & conditions.

 

SECTION 1 – APPLYING TO BECOME A CUSTOMER

You can apply to become a customer in a number of ways, including by signing up on our website, or via our Matagas App or over the phone. To apply to become a customer, you must provide all of the information requested during the application process.

If we choose to accept your application, our relationship will be governed by the terms of our agreement with you and you will become a customer starting from when your account is opened with us.

We may require you to provide evidence like a utility bill, bank statement, certificate of title or tenancy agreement. If you apply to join us, we will try to commence the supply of LPG to you as soon as possible after we accept your application.

If you or another person at your premises have any unpaid invoices with us, we may require those invoices to be paid, and a credit check completed before supplying LPG cylinders to your premises or accepting you as a customer.

If you have an alternative supplier of LPG bottles on your premises when you open an account with us, we will remove the alternative supplier’s bottles regardless of any unused LPG at the time we first deliver to you. We will not be liable, or compensate you, for any unused LPG from the alternative supplier. 

 

SECTION 2 – LPG CYLINDER DELIVERIES

For LPG cylinder deliveries, we will make reasonable efforts to deliver within a reasonable time after your delivery request or according to the agreed schedule. Delivery depends on several factors, you acknowledge that delivery is subject to, among other things, the availability of product, service disruptions and weather disruptions.

Deliveries will occur during normal business hours unless we agree otherwise. You must ensure safe and easy access for cylinder delivery. If access is blocked or difficult, we may charge you a non-delivery or extra delivery fee.

If an urgent delivery is requested, the urgent delivery will incur a $200 fee. We will do our best to accommodate your request however you acknowledge that an urgent delivery is subject to, among other things, the availability of product, service disruptions and weather disruptions. You must ensure safe and easy access to your premises for urgent deliveries. If access is not provided you may be charged a non-delivery fee. 

On the first delivery our delivery driver is required to undertake a site assessment to ensure safety and compliance with New Zealand regulatory requirements. If your site is unsafe or non-compliant, we will notify you to fix the issues. If the issues aren’t resolved in a reasonable time, we will cancel the agreement and close your account.

We may change the delivery schedule at our sole discretion but will inform you if we do.

 

SECTION 3 – LPG EQUIPMENT AND CYLINDERS

We will rent you the necessary LPG equipment, including LPG cylinders and LPG tanks, to supply LPG to your premises. We will retain ownership of all equipment provided, and it will not become your property unless we agree in writing. You must use the LPG cylinders and equipment only with LPG provided by us. You are responsible for the equipment while it’s on your premises. We may charge you for any LPG equipment that is lost or damaged while in your possession.

 

SECTION 4 – METERS

We, will own any metering equipment at your premises. If you do not have a suitable meter for LPG we will choose and arrange to install the appropriate meter. You may not provide or install your own meter. You must pay all reasonable costs relating to the installation of any metering equipment.

If you ask for a new meter to be installed, you will be charged for the cost of that new meter and the work required to install it.

If you do not own the premises you must obtain the owner’s consent before a meter or any other equipment is installed or upgraded, including any related alterations.  

4.1 Meter upgrades

We may, at any time, replace the meter at your premises. You agree that you will not object to us, or prevent us from, replacing your meter with an upgraded meter. You will not be charged for the installation of the first upgraded meter at your premises, unless additional work is required to install the metering equipment (this includes additional wiring required to install the metering equipment or work required to relocate the metering equipment) in which case we may charge you for this additional work.

If you do not own the premises you must obtain the owner’s consent before an upgraded meter is installed.

4.2 Faulty meters

If either we or you believe the metering equipment at your premises is faulty, damaged, unsafe, does not reflect your actual consumption or it has been interfered with, we will at our sole discretion, arrange to have it replaced. We may then need to send the faulty equipment for testing. You agree to co-operate in good faith with any testing or investigations by us, the meter company or other third party that owns the relevant equipment.

From the period your metering equipment is discovered as faulty, the cylinders used may be weighed to determine the LPG consumption until the meter is replaced or repaired.

If our investigation shows that there is a fault with the meter itself there will be no cost to you for the replacement and any testing undertaken. If you contributed to the fault, could have reasonably been expected to know about the fault or have breached your obligations under this agreement, we may charge you a fee for the cost of testing and repair or replacement of the meter or other equipment, and any resulting loss or damage suffered. If you request that we test your meter and the result shows that the meter meets the applicable regulations and standards, we may charge you a fee to cover the cost of testing. 

 

SECTION 5 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the delivery service (or any part thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the service.

 

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

SECTION 7 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Mata International Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages.

 

7.1         Matagas liability for loss or damage

We are not liable to you (in contract, tort, including negligence or otherwise) for any loss or damage you may suffer unless that loss or damage is a direct loss of or damage to your physical property and it occurs due to our breach of these terms and conditions, and the loss or damage is directly caused by our breach or our negligence, and is not caused by something beyond our control.

An event or cause beyond our control includes, but is not limited to: acts of God, war, riot, earthquake, storm, fire, lightning, flood, malicious damage, accident or other similar event.

We will not be liable to you in any cases for: consequential loss, indirect loss, loss of profits or similar claims unless the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 says we are liable.

 

7.2         Maximum liability

If we are liable to you, the maximum amount we will pay as compensation for your loss is $1000 in any twelve-month period for any breach of this Agreement. We may choose to replace any damaged property or goods, up to the same maximum amount, instead of paying cash.

 

SECTION 8 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Mata International Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these General Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 9 – SEVERABILITY

In the event that any provision of these General Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these General Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 10 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These General Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these General Terms and Conditions at any time by notifying us that you no longer wish to use our services or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 11 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these General Terms and Conditions shall not constitute a waiver of such right or provision.

These General Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these General Terms and Conditions shall not be construed against the drafting party.

 

SECTION 12 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the General Terms and Conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these General Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these General Terms and Conditions constitutes acceptance of those changes.