AutoGuru Terms of Use - New Zealand

Effective Date: 16/08/2024 (AEST)

By using this website, for any purpose you confirm that you have read and understood and agree to abide by these Terms of Use (Terms).

These Terms apply to your use of this website (Website) operated by AutoGuru Australia Pty Ltd (referred to below as "AutoGuru" or "us" or "we" or "our") and also applies to any information provided by us on this Website, and any messages sent to or from us electronically.

By using this Website, the user (you) confirms his/her agreement to all of the Terms. We may vary our Terms at any time without notice and, if we do, we will provide an updated version of our Terms on this Website.

If you do not agree to any of our Terms, you must not use any of the services offered on our Website.

The content on or accessible through AutoGuru.co.nz is for informational purposes only and does not constitute technical advice related to your vehicle.

The Website is owned and operated by AutoGuru Australia Pty Ltd ACN 603 218 515 of PO Box 1531, Surfers Paradise, QLD, 4217, Australia.

1. Licence to Use Website

1. AutoGuru grants to users of its web service a limited, revocable right to access and use the Website as set out in these Terms and to print pages from the Website only for your personal and informational purposes.
2. Except as expressly permitted in these Terms and as allowed by applicable laws, no part of our Website may be reproduced, adapted or transmitted in any form or by any process, without the specific written consent of AutoGuru.
   
   
3. To use this Website, you agree to receive communications from us and from our third party service providers and you agree to accept "cookies" and other similar devices used by this Website to perform our services. You also agree that we may call or email you about any incomplete or unconfirmed enquiry you make through our Website.
   
   
4. AutoGuru may, to the extent permitted by law, terminate your licence to use this Website at any time for any reason at AutoGuru's sole discretion, including but not limited to:

1. 1. Failure by you to pay any invoice rendered to you;
      
      
   2. Supply by you of inaccurate information to AutoGuru or another service provider of ours;
      
      
   3. Harassment by you of a Supplier, AutoGur staff, or other users of the Website;
      
      
   4. Violation by you of any law or rights of a third party, including but not limited to third party intellectual property rights;
      
      
   5. Posting by you of material on the Website which promotes non AutoGuru authorised commercial activity;
      
      
   6. Misuse by you of the Website including using it to send spam or other unsolicited electronic communications or distributing viruses or malware to us or to other Website users;
      
      
   7. Misuse by you of our content, or of third-party content, posted on the Website, including unauthorised reproduction of all or portions of this Website or for posting false, misleading or harassing content or any content that you are not authorised to post; or
      
      
   8. Conduct by you that we consider detrimental to our business and our other Website users.

2. Warranties and indemnification obligations

1. To the maximum extent permitted by law, the service on this Website is provided by AutoGuru on an "AS IS, WHERE IS" basis and without any warranty as to accuracy or suitability for any purpose.
   
   
2. To the maximum extent permitted by law, in using our service, you acknowledge and agree that you have not relied upon or been induced by any representation by AutoGuru and that, without limiting the foregoing, AutoGuru gives no warranty or representation as to:
   
   
   1. the results that may be obtained through the use of the Website;
      
      
   2. the accuracy, reliability or otherwise of any information obtained from or displayed on this Website
      
      
   3. the Website being available at any time or at all;
      
      
   4. the Website being error free;
      
      
   5. the nature or quality of any services provided by any Supplier to you as a result of a booking through the Website; and
      
      
   6. the goods and or services purchased or obtained through the Website being of merchantable quality or otherwise suitable for your purposes.
3. To the maximum extent permitted by law, you agree to indemnify, keep indemnified and hold harmless AutoGuru and its officers, employees, agents, subsidiaries and affiliates against all claims (including third party claims), demands, damages, costs (including legal costs), penalties or suits arising out of or consequential upon:
   
   
   1. the use of the Website not in accordance with these Terms and Conditions;
      
      
   2. any loss or damage suffered by or through you arising from or related to the provision of any service by a Supplier; and
      
      
4. any loss or damage suffered by or through you arising from or related to the use of the Website not in accordance with these Terms and Conditions,
   
   except to the extent caused by AutoGuru or its officers, employees, agents, subsidiaries and affiliates.
   
   
5.  AutoGuru accepts no liability in respect of any loss or damage arising from any third party content displayed on the Website, including any information provided by or relating to Suppliers and other information which appears on the Website. Information displayed on the Website may be:
   
   
   1. out of date;
      
      
   2. inaccurate in whole or in part; or
      
      
   3. the result of duplication or confusion between Suppliers where two or more Suppliers have the same or similar name
      
      
6. Except where otherwise indicated in these Terms and Conditions, AutoGuru is not an agent or partner of any of the Suppliers included with or on this Website and AutoGuru has no responsibility for and no liability whatsoever in respect of the conduct of an appointment by the Supplier, timing of or attendance at an appointment or quality of service provided by a Supplier.
   
   
7. A Supplier has no authority to make representations on our behalf or bind us in any way.

3. Review of content and Linked Third Party Websites and Information

1. AutoGuru may from time to time review and remove content posted on our Website by you and by other Website users at its sole discretion.
   
   
2. AutoGuru reserves the right to cooperate 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 on the Website.
   
   
3. If you would like AutoGuru to review any material on our Website, please contact us by email at the address set out on this Website.
   
   
4. The Website may contain links to third party information and products. Such third party content and links are not owned, operated or maintained by AutoGuru and they are not endorsed by or affiliated with AutoGuru in any way, unless otherwise indicated on the Website.
   
   
5. AutoGuru is not responsible for the content of any third party material appearing on the Website or any third party sites linked to the Website. Such information, advertisements or links are purely for information purposes only and are not endorsements by AutoGuru as to the quality, accuracy or completeness of the third party information or third party websites.
   
   
6. If you decide to access any of the third party services or websites advertised or linked to our Website, you do so entirely at your own risk and, as far as lawfully possible, AutoGuru accepts no liability or responsibility for your actions or omissions on the linked sites.

4. Copyright in Website Content

Copyright in all content contained on the Website, including but not limited to text, drawings, photographs, page layout and look and feel, subsists under and is protected by, the Copyright Act 1968 (Cth), the Trade Marks Act 1995 and other international copyright laws and is, unless stated otherwise, owned by AutoGuru or used by AutoGuru under licence.

5. AutoGuru Trademarks

1. Unless otherwise indicated, AutoGuru and autoguru.com.au are trademarks and trade names belonging to AutoGuru.
   
   
2. Any use of these trademark and trade names without our prior written consent is expressly prohibited. Please contact us if you would like to use our trademarks and trade names.
   
   
3. Third party trademarks may appear on this Website and all rights therein are reserved by the registered owners of those trade marks.

6. Linking to the Website

1. You may not make any part of the Website available as part of another website by use of inline imaging, framing technologies or any other method of incorporating parts of the Website into another site, without the prior written consent of AutoGuru.
   
   
2. You will be liable for any direct or indirect damages to or loss suffered by AutoGuru due to unauthorised hyperlinking to or framing of our Website and you agree that you will fully indemnify AutoGuru in respect of any loss or damage suffered by AutoGuru due to such actions.

7. Changes to the Website

1. AutoGuru reserves the right to revise, change, modify or delete the content of any part of the Website, including any product or service available through the Website, at any time in its sole discretion and without prior written notice.
   
   
2. AutoGuru reserves the right to terminate or restrict access to the Website or modify, suspend or cancel any of the online services provided via the Website at any time without notice.

8. Updates

AutoGuru reserves the right to revise, change or modify these Terms at any time by posting new Terms on the Website. You are bound by any such revisions and should therefore visit the Terms each time you visit the Website to review the current Terms by which you must abide.

9. Intellectual Property

1. You acknowledge that all intellectual property contained on or within the Website is and remains at all times the property of AutoGuru or the other parties identified. You agree not to use the information or other material on the Website for any purpose or in any manner that would, in any way, infringe AutoGuru's intellectual property rights or those of the owners of the rights. Except for the temporary copy held in your computer's cache, the material referred to above may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part without prior written approval from AutoGuru or the approval of the relevant copyright owner.
   
   
2. Nothing displayed on the Website grants any licence or right of use of any logo, or trademark displayed without the express written permission of the relevant owner.