Intellectual property and restrictions on use of Content
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).
The Website may from time to time contain communication facilities, which provide for feedback by users to Auto Trader, 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
User licence to Auto Trader
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 to Auto Trader 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 Auto Trader and any other party authorised by Auto Trader 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 Auto Trader, you will execute and deliver to Auto Trader 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
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 Auto Trader of goods or services on the Website which cannot be excluded, restricted or modified (“Non-excludable Rights”). Auto Trader 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) Auto Trader 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) Auto Trader 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) Auto Trader 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 Auto Trader) 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 Auto Trader) will Auto Trader 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 Auto Trader 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, Auto Trader’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Auto Trader to the following:
- in the case of services supplied or offered by Auto Trader, (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 Auto Trader, (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.
All fees include GST, are in New Zealand dollars and are not refundable unless Auto Trader determines (in its sole discretion) that a refund is appropriate in the circumstances (e.g. if there is an accidental double listing). Auto Trader will only issue refunds in the form of 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.
Trade marks of Auto Trader and its affiliates
The trade marks displayed on the Website are trade marks of Auto Trader, its affiliates or of 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 Auto Trader, the relevant Auto Trader affiliate or 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 Auto Trader, 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.
Where any dispute arises between you and another user of the Website you agree to in good faith use best endeavours to attempt to resolve the dispute amicably through negotiation or other informal means before pursuing any further formal action. Auto Trader will not be a party to any such dispute.
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.