Terms of Use

VehicleValue Terms of Use

1. Terms of Use
   
   

   These terms of use together with the VehicleValue Disclaimer (“Terms”) set out the terms and conditions that govern your use of and access to the VehicleValue website www.vehiclevalue.co.nz (the “Website”) and the provision by us of a Certificate.
   
   Any person or organisation together with all individual users accessing and using the Website (“you” or “users”) accept and agree to be bound by these Terms and any subsequent variations.
   
   VehicleValue (“We”) grant you a limited, non-exclusive, non-transferable, revocable licence to use the Website in accordance with these Terms. If you do not accept these Terms you must refrain from using the Website.



2. Definitions
   
   
   • “Certificate” means an industry recognised vehicle valuation certificate provided by one of our authorised vehicle valuers upon assessment of vehicle information uploaded to the Website by a Purchaser.
   
   
   • “Purchaser” means any user of the Website (individual or organisation) that pays the required fee to obtain a Certificate.
   
   
   • “Valuer” means one of our authorised vehicle valuers to whom we provide the vehicle information uploaded to the Website by a Purchaser.



3. Our Role
   
   
   1. We provide an online service where a Purchaser uploads vehicle information to the Website and pays the fee to obtain a Certificate for that vehicle.
   
   
   2. We are a registered authorised motor vehicle trader and We operate the website. We are not an authorised vehicle valuer.
   
   
   3. We manage the information uploaded to the Website by Purchasers and provide it to one of our Valuer’s. The Valuer then assesses the vehicle on the basis of that information and completes a Certificate which we then provide to the Purchaser.
   
   
   4. We manage payment of the fee for purchasing the Certificate via the payment service Paypal.
   
   
   5. You accept our Privacy Policy which forms part of these Terms and can be found here.



4. Use of the Website
   
   
   1. You warrant that the vehicle information you upload to the Website is true, accurate, and current to the best of your knowledge.
   
   
   2. You agree to comply with these Terms and act honestly and in good faith.
   
   
   3. Use of the Website is a privilege not a right. We may at any time and without notice ban any individual or organisation from using the Website.



5. Payment
   
   
   1. Our fee for the purchase of a Certificate is set out on the Website (“Fee”) and is subject to change.
   
   
   2. Payment of the applicable Fee is required at the time a Purchaser uploads vehicle information to the Website. Payment of the fee must be made, and is managed through Pay-pal. You can create a Pay-pal account to make the payment or check-out as a Pay-pal guest through the Pay-pal website.



6. Disclaimers
   
   
   1. We will use reasonable endeavours to ensure the availability of the Website, subject to any downtime required for maintenance. The Website is provided on an “as is” and “as available” basis. We will try to promptly address (during normal business hours) all technical issues that arise in connection with the Website.
   
   
   2. You acknowledge that We may use third party suppliers to provide hardware, software, networking, connectivity, storage and other technology in order to provide the services. The acts and omissions of those third party suppliers may be outside of our control, and We do not accept any liability for any loss or damage suffered as a result of any act or omission of any third party supplier. On behalf of ourselves and such third party suppliers, We exclude any other warranties that may be applied or otherwise apply under statute or other applicable law, to the maximum extent permitted by law.



7. External links
   
   

   We may include ads or links to external sites. We do not control, review or endorse any advertised product or service, or the external sites. The responsibility for the content of any ad appearing on the Website rests solely with the advertisers.



8. No warranties
   
   

   No advice or information that is obtained by you from us or anyone else shall create any warranty by us that is not expressly stated in these Terms.



9. Liability
   
   
   1. To the maximum extent permitted by law, We do not accept liability for any direct, indirect, incidental, special or consequential loss or damage, irrespective of how liability arises, whether in contract, equity, tort (including negligence), breach of statutory duty or otherwise, suffered or incurred by you as a result of your use of the content contained in the Website or a Certificate or otherwise under or in connection with these Terms.
   
   
   2. In the event that We are found to be liable for loss or damage that would otherwise have been excluded, you agree that our maximum aggregate liability is limited to twice the amount of our Fees payable by you for the Certificate.


10. Force majeure
    
    

    We are not liable for any failure or other thing that is not reasonably foreseeable or that is outside our reasonable control.



11. Indemnity
    
    

    You agree to indemnify us on demand against all claims, costs (including full legal costs), losses, liabilities and demands We incur directly or indirectly as a result of your failure to comply with these Terms.



12. Intellectual Property
    
    
    1. You agree that We own all of the intellectual property rights existing in the Website, including but not limited to all trademarks, trade names, copyrights and patents (“Intellectual Property”). You agree not to challenge or do anything inconsistent with this ownership at any time.
    
    
    2. You may not copy or sell any information or items obtained from any part of the Website or resell any Certificate, or publish or use our brand except with our prior written consent.
    
    
    3. You may not adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of the Website.


13. General Terms
    
    
    1. No Waiver
       If we do not exercise or enforce any right available to us under these Terms and conditions, it does not constitute a waiver of those rights.
    
    
    2. Severability
       If any term or provision of these Terms is held to be illegal, invalid or unenforceable it will be severed without affecting the legality, validity or enforceability of the remaining provisions.
    
    
    3. Variation
       We may in our absolute discretion change these Terms at any time by publication on the Website. The change will take effect from the time specified. You are responsible for ensuring you are familiar with our latest Terms.
    
    
    4. Entire agreement:
       These Terms contain everything we have agreed in relation to your use of the Website. You cannot rely on anything said or done by us in relation to any matter dealt with in these Terms.
    
    
    5. Notices
       
       
       • All notices given under these Terms must be in writing.
       
       
       • All notices must be sent to the parties nominated email address for service, which in the case of the Purchaser is the email address provided when uploading vehicle information to the Website and for us is the email address listed on the Website contact details.
       
       
       • Notices are deemed to be served at the time of the transmission. If receipt of an email is disputed it is not deemed received unless the party giving notice produces a printed copy of the email which evidences that the email was sent to the email address of the party given notice.
    
    
    6. Governing Law and Jurisdiction
       These Terms are governed by the laws of New Zealand. You submit to the exclusive jurisdiction of the Courts of New Zealand.

© VehicleValue, 2016FGH-073193-5-6-V2