The travelcarsnz.com website (“Website”) is owned and operated by Travel Cars New Zealand. Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Website and the Privacy Policy (known collectively as “Terms of Use”). 

Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use. Travel Cars NZ reserves the right to amend the Terms of Use at any time. Since you are bound by these Terms of Use, you should periodically refer to them on the Website.

Intellectual property and restrictions on the use of Content

All information and materials including text, images, graphics, sound, software and advertisements on the Website (“Content”) are owned by Travel Cars NZ, its suppliers and/or licensors unless expressly indicated otherwise on the Website. The Content is protected by New Zealand and international copyright and trade mark laws. 

Content on the Website is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the Website or expressly authorised in writing by Travel Cars NZ or its affiliates. Strictly on the condition that you keep all Content intact and in the same form as presented on the Website (including without limitation all copyright, trade mark and other proprietary notices and all advertisements), you may: a) using an industry-standard Web browser, download and view the Content for your personal, non-commercial use, or b) if you are an Internet service and/or access provider, supply the Content to your subscriber. 

You must not use the Website in any manner or for any purpose that is unlawful or in any manner that violates any right of Travel Cars NZ or an affiliate or which is prohibited by the Terms of Use.

You will ensure that any advertisement and any subsequent sale of goods or services on the Website by you comply with all relevant legislation, regulations, bylaws, codes, standards and any other applicable rules (statutory or otherwise) in force from time to time (including, without limitation, the Motor Vehicle Sales Act 2003).

Communication facilities

The Website may from time to time contain communication facilities, which provide feedback by users to Travel Cars NZ, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services (“Communication Facilities”). 

It is a condition of your use of any Communication Facility and your access to the Website that you do not do any of the following:

• restrict or inhibit any other user from using or enjoying any forum;
• post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
• post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trade mark or any other proprietary right or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
• post or transmit any material of any kind which contains a virus or other harmful component;
• post, transmit or in any way exploit any material of any kind for commercial purposes or which contains any promotional material or advertising;
• delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or
• download any file posted by any other user of a forum if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner. Travel Cars NZ may from time to time monitor or review the contents of its Communication Facilities. While Travel Cars NZ reserves its right to edit, refuse to post or remove any information and/or materials (in whole or in part) that in Travel Cars NZ sole discretion is in any way objectionable or in violation of any applicable law or the Terms of Use, Ba Travel Cars NZ has no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor is Travel Cars NZ responsible for any contents in any Communication Facilities (including any information, comments and/or advice of any individual referred to as guest or expert whose statements on the Website are solely their own). You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications. Travel Cars NZ reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

User licence to Travel Cars NZ

By placing any information or other material on the Website (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant Travel Cars NZ a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:

• use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
• sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted. The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trade mark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of Travel Cars NZ and any other party authorised by Travel Cars NZ all moral rights and any similar rights in any jurisdiction, which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of Travel Cars NZ, you will execute and deliver to Travel Cars NZ such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

Advertising, links to third-party websites and e-commerce offers

The Website contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of Travel Cars NZ and Travel Cars NZ is not responsible for the contents of any linked website or any hyperlink contained in a linked website. Travel Cars NZ provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Travel Cars NZ or its affiliates. 

You link to any such website entirely at your own risk. The Website also contains third-party advertisements (including banner ads and full-page advertisements), which contain embedded hyperlinks or include referral buttons to websites operated by third parties or their licensees or contractors. All third-party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third-party advertisers and is not recommendations or endorsements by Travel Cars NZ or its affiliates or their respective directors or employees. 

You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services. In some instances, the advertisement will contain representations or offers by the third-party advertiser which you can accept by linking to the advertiser’s website and executing the relevant transaction. Such offers are not made by Travel Cars NZ, and the third-party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third-party website. We use a third party to provide monetisation technologies for our site.

Disclaimer and limitation of liability

The Fair Trading Act 1986 and the Consumer Guarantees Act 1993 (“CGA”) may confer rights and remedies on you in relation to the provision by Travel Cars NZ of goods or services on the Website which cannot be excluded, restricted or modified (“Non-excludable Rights”). Travel Cars NZ does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute. 

The CGA will not apply where you are not a “Consumer” (as that term is defined in the CGA) or where you hold yourself out as using and/or accessing the Website for the purposes of a business. 

Except as provided for by the Non-excludable Rights:

a) all Content is provided “as is” and without warranties of any kind, either express or implied,

b) Travel Cars NZ and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose,

c) Travel Cars NZ does not warrant that the functions contained in any Content or any Communications Facility or your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits Content to you are free of viruses or any other harmful components,

d) Travel Cars NZ does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and

e) you (and not Travel Cars NZ) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content. Under no circumstances (including but not limited to any act or omission on the part of Travel Cars NZ) will Travel Cars NZ or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Website or any Content. You expressly acknowledge and agree that Travel Cars NZ does not exert control over users of the website (including individuals referred to on the Website as guests and experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct. To the fullest extent permitted by law, Travel Cars NZ liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Travel Cars NZ to the following:

• in the case of services supplied or offered by Travel Cars NZ, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and
• in the case of goods supplied or offered by Travel Cars NZ, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.

Listing Fees

All fees including GST, are in New Zealand dollars and are not refundable unless Travel Cars NZ determines (in its sole discretion) that a refund is appropriate in the circumstances (e.g. if there is an accidental double listing). Travel Cars NZ will only issue refunds in the form of a credit to the member’s account. Cash refunds will not be issued. 

Credits on accounts are not transferable between members. You cannot cancel a listing once payment has been made.

Termination

The Terms of Use are effective until terminated by Travel Cars NZ, and Travel Cars NZ may terminate this agreement and your access to the Website at any time without notice. In the event of termination, you are no longer authorised to access the Website, but all restrictions imposed on you, licenses granted by you and all Travel Cars NZ disclaimers and limitations of liability set out in the Terms of Use will survive.

Trade marks of Travel Cars NZ and its affiliates

The trade marks displayed on the Website are trademarks of Travel Cars NZ, its affiliates or their respective owners. Nothing contained on the Website should be construed as granting any licence or right of use of any trade mark displayed on the site without the express written permission of Travel Cars NZ, the relevant Travel Cars NZ affiliate or the third-party owner. 

If you wish to place a trade mark (whether in stylised or logo form or not) on your own website as a hyperlink to the Website, you must first obtain the express written authorisation of Travel Cars NZ, the relevant affiliate, or third party owner and any use must be in accordance with the trade mark usage guidelines of the relevant trade mark owner.

Dispute Resolution

Where any dispute arises between you and another user of the Website you agree to in good faith use your best endeavours to attempt to resolve the dispute amicably through negotiation or other informal means before pursuing any further formal action. Travel Cars NZ will not be a party to any such dispute.

Miscellaneous

This agreement will be governed by and construed in accordance with the laws of New Zealand. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand. 

If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect. All rights not expressly granted herein are reserved.