Yourcar website terms and conditions
- These Terms
- Binding Terms
By accessing and using:
- www.yourcar.co.nz (Website); and
- the platform, products and services as may be accessed and used via the Website (the Platform),
Each User acknowledges and agrees that, where it has agreed to these Terms via the Website including (without limitation) via a clickbox or clickwrap agreement or confirmation):
- that method of acceptance is fully effective and accepted by the User; and
- it has read and understood these Terms and had the full opportunity to review, consider, seek advice and comment on these Terms prior to agreeing to and accepting them.
Any User that does not agree to these Terms is not authorised to access and use the Website or the Platform and must immediately cease doing so.
- Use of the Website and Platform
Users may only use the Website and Platform strictly in accordance with these Terms. All rights not expressly granted to Users in these Terms are expressly reserved by Your Car NZ Limited (New Zealand company number 7170295) (Your Car).
- About Your Car and the Services
Your Car operates and maintains the Platform on the Website and provides the following services to Users (Services):
- Listings on the Website of new and nearly-new motor vehicles available for sale in New Zealand (Vehicles) based on information provided by car dealerships (Dealerships) in New Zealand (a Listing).
- Search engine functionality enabling Users to search for Vehicles according to the Users’ personalised search criteria.
- The connection of Users directly with Dealerships, who pay to Your Car a commission for each Vehicle ultimately sold to a User after establishing contact via the Website.
- The facilitation of Vehicle sale and purchase transactions between Users and Dealerships, including (without limitation) through the provision of Listings, a test-drive booking system, messaging system to contact Dealerships and the collation and provision of Dealerships’ non-binding cash and finance quotes for Vehicles (Quotes).
- Administering anti-money laundering (AML) identity verification checks on behalf of the finance provider(Finance Broker)
- Loan origination and information gathering on behalf of a Finance Broker.
- The connection of Users who wish to obtain finance and/or insurance in connection with the purchase of a Vehicle with a Finance Broker where a Finance Broker pays to Your Car a commission on each loan entered into that was referred by Your Car.
- does not provide Users with financial advice, recommendations or opinions regarding Vehicle purchases;
- is not party to any sale and purchase transaction or agreement for Vehicles;
- is not party to any lending arrangements or agreements between a User and a Finance Broker entered in connection with the purchase of a Vehicle or otherwise;
- does not transfer, or assist with the transfer, of the ownership of Vehicles;
- is not a partner of or agent for a Finance Broker or any Dealership;
- is not responsible or liable for the safety, quality or legality of any Vehicles;
- is not responsible or liable for any representations, warranties, guarantees or assurances a Dealership or Insurer has made regarding a Vehicle, including any implied warranties, representations or guarantees;
- does not give any guarantee or warranty that any Vehicle will meet a User’s requirements, expectations or that a Vehicle is fit for purpose or of merchantable quality; and
- is not responsible or liable for the information or content contained in any Listing, including, for the avoidance of doubt, where a Listing is false, inaccurate, untrue, misleading or if the Dealership does not have the right to sell the Vehicle or if the Vehicle is encumbered or is subject to a security interest.
- Use of Platform
- User Information
Upon registering to use Your Car’s services via the Website and/or the Platform, all Users agree:
- that they are at least 18 years old;
- to provide true, accurate, current and complete information about themselves as prompted by the Website or Platform (as applicable) (User Information);
- to promptly notify Your Car, via the Website, of any changes to their User Information in order to ensure that it remains true, accurate, current and complete;
- to keep their account log-in details and password secure;
- that they will not post or provide their contact details anywhere on the Website other than in the relevant forms as requested by Your Car;
- that they are not an undischarged bankrupt; and
- to permit Your Car to verify any User information given to Your Car (or information collected from other sources) with third parties and third party databases for the purposes of loan origination and information gathering on behalf of a Finance Broker, fraud protection, and compliance with the Anti-Money Laundering and Countering Financing Terrorism Act 2009.
Each User will be responsible and liable for all activity that occurs through its use of the Website and/or the Platform. Your Car shall not be liable for any content, representations, statements, services, products or other information or data posted to the Website and/or the Platform by any User (to the extent that a User is able to do so).
- No illegal purpose
No User may use the Website and/or the Platform for any illegal purpose or any purpose not authorised by Your Car, or post any information or data that is in breach of any legislation (including consumer protection laws), confidentiality obligation, copyright, trade mark or other intellectual property, proprietary or legal rights of any person or entity.
- Users are responsible
Users are responsible and liable for any and all comments, communications and messages posted on or via the Platform and Website, including where they are defamatory or breach the Harmful Digital Communications Act 2015. Your Car will not be responsible for any User’s misuse of the Website and Platform.
- No malicious use
Users must not use the Website and/or the Platform for any malicious means or abuse, harass, threaten, intimidate, defame or impersonate any other User.
Users must not introduce (or cause the introduction of) any virus, spyware or other similar feature that in any way compromises or may compromise the Website and/or the Platform.
Users may only access the Website and Platform through standard means as approved by Your Car, and not via methods such as scraping, data mining, the use of a robot or spider, automation or any similar method of extraction or monitoring.
- Use by other persons and entities
Any person or entity that accesses and uses the Website and/or the Platform on behalf of or via another User, including all directors, officers, employees and independent contractors of any User that have been granted access by that User, confirms that he, she or it is fully authorised to do so by that User and agrees to these Terms in all respects.
- No subversion
Users agree that they will not, in respect of a Vehicle or Listing they have located or been made aware of via the Platform:
- directly or indirectly complete (or attempt to complete) a transaction for that Vehicle outside of the Platform; or
- otherwise seek to subvert or circumvent Your Car’s process to complete the transaction for that Vehicle.
- Quotes [a]
- Non-binding Quotes
Dealerships may provide Users with non-binding Quotes for Vehicles. Such Quotes are indicative prices only and are not, in any respect, a binding offer at law that may be accepted by or on behalf of a User. Any contractual relationship between the User and the Dealership for the sale and purchase of a Vehicle is subject to a separate sale and purchase agreement (or a document having a similar effect).
Users may accept Quotes provided by a Dealership on the Platform. By doing so, this indicates the User’s serious expression of interest in purchasing the Vehicle but does not constitute an offer to buy, acceptance of the Quote or any enforceable or legally binding contract between the User and Dealership.
- Finance and Insurance
- Provision of information
- No assurances
Your Car does not provide any confirmation or any assurances as to the User’s eligibility or suitability for finance or insurance, or any ability to repay debts or insurance premiums or payments, and any such finance or insurance will be subject to:
- a Finance Broker’s credit checks, lending criteria, insurance policies and terms in its absolute discretion; and
- formal, binding documentation being entered into between the User and a Finance Broker.
- Your Car is not a party
Your Car is not party to any loan agreement or insurance policy or agreement (or any document having a similar effect) which may be entered into between the User and a Finance Broker in connection with the purchase and/or insurance of a Vehicle. a Finance Broker is an independent third party finance provider and is not an agent, partner, affiliate or related party of Your Car in any respect.
- No advice
Your Car will not provide the with User with any financial advice, opinions or recommendation as to the User’s entry into a loan or insurance policy with a Finance Broker or otherwise in respect of a Finance Broker’s lending or insurance terms. Your Car recommends that Users seek independent legal and financial advice prior to entering into any loan agreement or insurance policy.
- Intellectual Property
All Users agree that Your Car owns all of the intellectual property rights existing in the Services, Website and the Platform (and all improvements to the same).
Users may not adapt, reproduce, copy, store, distribute, publish or create derivative works from any part of the Website or Platform or commercialize or on-sell any information obtained from the Services, Website or Platform without Your Car’s prior written consent (which may be given or withheld at its sole and absolute discretion).
No User may publish or use Your Car’s trade marks, brand, branding or logos except with Your Car's prior written consent (which may be given or withheld at its sole and absolute discretion).
Users grant to Your Car an irrevocable, perpetual, non-exclusive, royalty-free worldwide licence to use, copy, display and distribute content that Users submit to or publish on the Website or via the Platform. Users warrant that use of such intellectual property does not infringe any third party rights and indemnifies Your Car for any loss suffered as a result of breach of this warranty.
- Warranties and indemnity
- No warranties
The Website and Platform is provided on an “as is where is” basis, and accordingly all implied warranties and representations (whether under statute, common law or otherwise) which might apply to or otherwise arise out of these Terms are hereby expressly excluded by Your Car to the fullest extent permitted by law.
Each User hereby indemnifies, and will keep indemnified, Your Car against all forms of liability, actions, proceedings, demands, costs, charges and expenses which Your Car may incur or be subject to or suffer as a result of that User's use of the Website and Platform.
- Dispute Resolution
- Disputes relating to these Terms
The following provisions shall apply to any dispute arising under or relating to these Terms (a Dispute) between a User and Your Car (together, the Disputing Parties and each a Disputing Party):
- The Disputing Parties must use reasonable endeavours to resolve any and all Disputes by negotiation at first instance.
- If the Disputing Parties cannot resolve their Dispute by negotiations within 30 calendar days a Disputing Party may, by written notice to the other, require that the Dispute be dealt with by mediation under the following terms:
- The mediation shall be conducted in accordance with the Mediation Protocol of the Arbitrators' and Mediators' Institute of New Zealand Incorporation (AMINZ) then in force (or any protocol or mediation agreement which replaces it).
- The mediation shall be conducted by a mediator and at a fee agreed in writing by the Disputing Parties. Failing agreement between the Disputing Parties within 14 calendar days of the giving of the notice requiring mediation, the mediator will be selected and his or her fee determined by the chairperson for the time being of AMINZ (or his or her nominee).
- The mediation shall take place in Auckland, New Zealand at such address as determined by the mediator.
- The costs of the mediation, excluding the Disputing Parties' own legal and preparation costs, will be shared equally by the Disputing Parties.
- No Disputing Party may initiate or commence court or arbitration proceedings relating to a Dispute unless it has complied with the procedure set out in this clause 8, provided that application may still be made to the courts:
- for interlocutory relief; or
- to recover a debt payable.
- Disputes between Users and Dealerships
Users agree that they will try to resolve any disputes that arise with a Dealership directly with the Dealership. Users acknowledge and agree that Your Car is not party to transactions between Users and Dealerships and that Your Car will not be party to, or involved in, any dispute resolution process other than as expressly set out in these Terms or as required by law.
- Changes to the Website, Platform and content
- Website and Platform changes
Your Car is permitted (in its sole discretion) to alter the Website and/or the Platform, including all content, format, features and functionality, with or without notice to Users and shall incur no liability for doing so.
- Content Uploaded
Your Car reserves the right to edit and remove any content posted to or via the Website and/or the Platform by any User or Dealership (in its sole and absolute discretion), including any content that it considers to breach these Terms or otherwise be offensive, objectionable, false, misleading or otherwise unlawful (to the extent that a User may post any content).
- Termination or Suspension of Account
- Your Car’s rights
If a User does not comply with by these Terms Your Car may immediately and without notice terminate or suspend that User's account and refuse to provide the Services to that User (including access to the Platform) for any reason and at any time.
- Breakdown and Malfunctions
Your Car will try to promptly address (during normal business hours) all technical issues that arise on the Website and Platform.
- No liability
Your Car will not be liable for any loss or damage suffered as a result of any partial or total breakdown of the Website and/or the Platform or any technical malfunctions on it, the Website and/or the Platform being unavailable or performing slowly, or any viruses or other forms of interference that may damage any User's computer system.
- Limitation of Liability
To the extent that Your Car is liable for any reason for any loss suffered or liability incurred by a User arising from any breach of these Terms, or for any other reason (including a User’s use of or reliance on the Website and/or the Platform), Your Car’s liability (whether arising in contract, tort (including negligence) or otherwise) is limited to NZ$500.
Your Car shall not be liable in connection with these Terms for any indirect, consequential or special loss or damage, loss of revenue, economic loss or damage, loss of business or profits (including lost contracts with customers) or anticipated business or profits, loss of goodwill, loss of anticipated savings or for any business interruption or that is otherwise too remote to be recoverable as damages for breach of contract at law.
Your Car reserves the right to amend these Terms at any time by providing a site announcement or other notice. Any User who continues to use the Website and/or the Platform after any amendments will be deemed to have agreed to such amendments.
Unless expressly stated otherwise by Your Car, any link on the Website and/or the Platform to other websites or platforms does not imply any endorsement, approval and/or recommendation of those sites, their operators or their products and/or services and Your Car takes no responsibility for the accuracy, legality or content of any external site.
- Foreign Use
Your Car makes no representation or warranty that the Website and/or the Platform is appropriate or available for use in all countries or that the content satisfies the laws of all countries. All Users are responsible for ensuring that their access to and use of the Website and Platform is not illegal or prohibited in their relevant country.
- No Waiver
Your Car will not be deemed to have waived any right under these Terms unless the waiver is in writing and signed by Your Car. A failure to exercise or delay in exercising any right by Your Car under these Terms will not operate as a waiver of that right. Any such waiver will not constitute a waiver of any subsequent or continuing right or of any other provision in these Terms.
No User shall be permitted to assign or transfer any of their rights or obligations under these Terms without Your Car’s prior written consent. Your Car shall be entitled (in its sole and absolute discretion) to assign and transfer any of its rights or obligations under these Terms, and the consent of Users shall not be required for any such assignment or transfer.
- Rule of construction
No rule of construction (including the contra proferentem rule, which construes ambiguities or uncertainty against the drafter) applies to the disadvantage of a party because that party (or its relevant advisor) was responsible for the drafting of this agreement or any part of it
- Consumer Guarantees Act 1993
To the extent permitted by law, Your Car makes no warranty or representation regarding the standard or description of any Vehicle, Listing or other products supplied by a Dealership. Dealerships are responsible for all statutory guarantees and warranties, if any, in relation to Vehicles in accordance with Consumer Guarantees Act 1993.
- No contractual privity
Nothing in this agreement creates any contractual privity rights or third party beneficiary rights in any third party under Part 2, Subpart 1 of the CCLA, including (for the avoidance of doubt) in a Finance Broker or any Dealership.
- Further Assurances
Each User will sign all documents, and do all things, as may reasonably be required in order to give effect to the provisions of these Terms.
If any provision in these Terms becomes invalid or unenforceable, the remainder of these Terms will remain valid and enforceable to the fullest extent permitted by law.
- Governing Law and Jurisdiction
These Terms will be governed by and construed in accordance with the laws of New Zealand. All Users and Your Car irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand for any matter arising under or relating to these Terms.