Dealer Terms & Conditions

Advertisement means the advertising material booked by you to run on the autotrader.co.nz website or any other Auto Trader Media Group platform;

We, us and our means Auto Trader Media Group Limited, or a division of Auto Trader Media Group Limited;

You and your means the person or organisation placing the Advertisement, including, where applicable, any advertising agent.

These terms represent the entire agreement between us and you with respect to Advertisements booked to run on any Auto Trader Media Group platform (Agreement) and replace all earlier terms. Any other terms will apply only if accepted in writing by a director of Auto Trader Media Group Limited.

1. Term and Termination: The term commences on the date of execution of this Agreement by both parties, and continues for an initial term of three (3) months (Initial Term). At the expiry of the Initial Term, the Agreement will automatically renew on a month-by-month basis until terminated by either party on one (1) month’s written notice. In the event that you breach the warranties set out in this Agreement, we shall be entitled to terminate the Agreement with immediate effect.

2. Warranties: You warrant that the information set out on the front page of this Agreement is correct, and the person executing this agreement is duly authorised to do so. You warrant to us that the Advertisement:
(i) complies with all applicable laws, statutes, regulations, codes of practice;
(ii) complies with our standards and requirements as notified to you from time to time;
(iii) does not infringe copyright, trade mark or other legal rights of any person;
(iv) is not false or misleading and is true in substance and in fact;
(v) without limiting the above, does not infringe the Fair Trading Act 1986 (NZ); and
(vi) does not contain anything which may give rise to any cause of action by a third party, including without limitation, any material which is defamatory or obscene or which otherwise causes injury or damage to any person.

3. Charges and Payment: You shall pay to Auto Trader Media Group Limited the Charges set out on the front page of this Agreement. Auto Trader's pricing structure for our services will be communicated to you before signing on with us. We are committed to providing you with upfront information about these Fees before you proceed to order or utilise any of our services. If you ever find yourself uncertain about the current Fees associated with our services, do not hesitate to reach out to us via accounts@autotrader.co.nz. Please be aware that we reserve the right to adjust our Fees as needed. Whenever such changes occur, we will typically provide you with a notice, ensuring you have a 4-week grace period to prepare for any adjustments. Invoicing is conducted on a monthly basis, with payment due on the 20th day of the month following the invoice date. If you have any concerns or disputes regarding an invoice, please contact us before the due date. Accounts not paid within 60 days stated on the invoice are subject to a 3% monthly interest charge. Any cost to recover outstanding payments will be covered by you the 'advertiser'.

4. We do not guarantee to place any Advertisement in any preferred position requested by you, or separated from any other advertisement for competing products or services. We have no responsibility to return any supplied artwork or proofs, and we are not responsible for any supplied art-work or proofs not collected by you. We may, at our discretion:
(i) refuse to accept any Advertisement and may at any time, in our sole discretion, cancel or reschedule any booking;
(ii) publish any Advertisement in any publication and on any website, including those owned by Auto Trader Media Group Limited or by other publishers with which we have a commercial relationship; and
(iii) place the word “Advertisement” above or below any Advertisement which, in our opinion, resembles editorial matter.

5. All cancellations must be in writing (for the avoidance of doubt, email shall suffice).

6. If you do not supply an Advertisement for a booking then we may:
(i) re-use Advertisements supplied for an earlier booking, if available;
(ii) replace your Advertisement with other material; or
(iii) use the space for other material.

7. Liability: Our liability to you for any costs, claims, losses and expenses made against you or incurred by you resulting from any cause arising from the relationship between you and us will not exceed the fees paid by you to us for the Advertisement. We have no liability to you for any costs, claims, losses and expenses made against you or incurred by you resulting from any errors (including, without limitation, any incorrect text, photographs, graphics or other incorrect appearance) in the publication of Advertisement.

8. Warranties excluded: All warranties, representations or conditions relating to this Agreement, however arising are expressly excluded to the fullest extent permitted by law. Where you hold yourself out as acquiring goods or services from us for the purposes of a business, the guarantees contained in the Consumer Guarantees Act 1993 are expressly excluded.

9. Indemnity: You indemnify us, our employees, agents and affiliates, and their employees and agents against any action, claim, loss or expense arising from the publication or cancellation of an Advertisement, or the failure to run an Advertisement, suffered or incurred as a result of any breach by you of this Agreement.

10. Intellectual Property: You agree that Auto Trader Media Group Limited owns all rights, title and interest in any intellectual property relating to any material published or created by Auto Trader Media Group. You hereby grant to Auto Trader Media Group Limited an irrevocable, perpetual, royalty free, worldwide licence to publish and or broadcast the Advertisement in any and all media, transmit the Advertisement by any means, redistribute or sub-licence the Advertisement to any other party; and amend or edit the Advertisement.