Terms and Conditions
These terms apply to your use of the City Motor Group Website.
Motor1 Limited t/a City Motor Group and any of its subsidiaries
Website means www.citymotorgroup.co.nz and any derivative from that website.
2. terms and conditions
2.1 Ownership: This Website is fully owned and operated by City Motor Group.
2.2 Use of this Website: By accessing or using this Website you agree that you have read, understood and agreed to be bound by these terms. Your use of this Website is subject to the following conditions and all applicable laws. If you do not agree with these terms then you are not permitted to use or browse this Website.
2.3 Modification to Terms: City Motor Group may modify, alter or otherwise update the terms applicable to this Website from time to time, with or without notice. It is your responsibility to regularly check this webpage to determine if there have been changes to these terms and to review such changes. You agree to check these terms and conditions and to be bound by such terms as are in effect at the time at which you access this Website. City Motor Group will include the date of the terms at the bottom of each page to help you identify whether or not these terms have changed. Your continued use of this Website after any change constitutes your acceptance of any new terms.
3.1 Copyright: Information on this Website is owned by or licenced to City Motor Group. All material on this Website, including without limitation, text, images, designs, graphics, pictures, video, software, music and sound files, the layout, the look-and-feel and any other information contained on or in this Website (collectively referred to as the Content) is subject to copyright, various intellectual property protections (registered and unregistered) and other proprietary rights.
3.2 Restrictions: You may not copy, reproduce, display, publish, upload post, transmit, store (including in electronic form) or modify in whole or part, whether in text, graphic, audio or video any part of the Content without the prior written permission of City Motor Group. You may not upload or republish Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Content is strictly prohibited.
3.3 Trademarks: Trademarks, logos, model names, brands and service marks (collectively referred to as Marks) displayed on this Website are registered or unregistered Marks of City Motor Group or have been licenced to City Motor Group for use on this Website by third parties. City Motor Group is the owner or licencee of the Marks. You may not use the any of Marks without the prior written permission of City Motor Group.
4. unauthorised use or interface
4.1 interference with the Website: You may not:
(a) attempt to gain unauthorised access to any portion or feature of the Website, or attempt to obtain any materials, information or documents through any means not purposely made available by City Motor Group, including without limitation, hacking, password mining or otherwise accessing data without authorisation;
(b) test the vulnerability of the Website or any network connected to the Website or seek to trace any information on any other user of the Website.
(c) upload or use any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or the website.
(d) use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website;
(e) use automated scripts to collect information from or otherwise interact with the Website;
(f) impersonate any person or entity, or falsely state or otherwise misrepresent yourself;
(g) use or transmit the private information of any third party, including, without limitation, names, addresses, phone numbers and email addresses;
4.2 Compliance with Laws: You agree to comply with all applicable laws and with these terms and conditions at all times when using the Website.
(a) the Internet domain and IP address from which you are accessing the web site;
(b) the browser and operating system you are using (e.g. Internet Explorer and Firefox or Windows and Mac);
(c) the date and time you access the site;
(d) whether you arrived at the City Motor Group Website via a link from another site and the address of such site.
5.2 consent: By using this Website you consent to City Motor Group collecting and using information collected from cookies. However, you can prevent cookies from being saved on your hard drive by selecting the appropriate setting on your browser's simply follow your particular browser's instructions. You may continue to use this Website even if you deactivate cookies, however deactivating cookies may mean that you might no longer be able to enjoy offers from City Motor Group in their entirety.
6. information, interactive features and services
6.1 subject to change: City Motor Group may from time to time make information, interactive features, services and information available on the Website. City Motor Group aims to ensure that all information (including product features, models, illustrations, representations, specifications and prices) whether alone or part of an interactive feature or service on this Website is accurate at the time uploaded to the Website. However product features, models, illustrations, representations, specifications and prices, are subject to change without notice and City Motor Group makes no commitment or representation as to the information or the availability of any good or service.
6.2 indicative Only: All information (including product features, models, illustrations, representations, specifications and prices) whether alone or part of an interactive feature or service and any visual representations provided by City Motor Group is for information purposes only and is not intended to be relied or acted upon for any particular purpose.
7. third party information
7.1 no Guarantee: While City Motor Group has used reasonable endeavours to ensure that it has accurately reproduced information under the headings "Fuel Ratings, Driver Safety Rates and or Others' Safety Rating" (third party information) and the accuracy of the comparable sales data, City Motor Group does not guarantee any of the estimated sale prices.
7.2 third Party Information: The Third Party Information is drawn from sources which are independent of and outside the control of City Motor Group. City Motor Group accept no responsibility or liability for the accuracy of this information.
8. electronic messages
8.1 consent to Receive Electronic Messages: If you enter your email address into the Website then you have agreed to City Motor Group providing you with unsolicited information about City Motor Group products and services in electronic form to that email address.
8.2 electronic Messages: Every unsolicited email which City Motor Group sends you containing information about City Motor Group products and services will include the following:
(a) an unsubscribe facility which will remove your email address from City Motor Group database within 5 working days of City Motor Group receiving your unsubscribe request; and
(b) the person at City Motor Group who authorised the email to be sent and that persons contact details.
8.3 Removal of your Email Address: You may request that City Motor Group delete your email address at any time by either contacting City Motor Group in writing, email or using the functional unsubscribe feature on an email you may have received from City Motor Group.
10. other services
10.1 Specific Service Terms and Conditions: City Motor Group may offer other services from time to time and those other services may be subject to specific additional terms and conditions. Additional terms and conditions may be posted separately on the Website or these terms may be updated at any time to include those additional terms and conditions.
11. exclusions of warranty and liability
11.1 website availability: City Motor Group does not represent or warrant that the information, services or materials accessed from or through this Website will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected.
11.2 website functionality: City Motor Group makes no representation or warranty regarding the functionality or condition of this Website, its suitability for use, or that its use will be uninterrupted or error-free.
11.3 website content: City Motor Group may update the information or materials on this Website from time to time and no assurance or warranty is given that information or material on this Website is up-to-date, accurate, error-free or complete.
11.4 links: Links and references to other Websites may be included on this Website as a convenience only. City Motor Group may not have reviewed and does not endorse or assume any responsibility for any other Websites, material posted on them, or products or services offered on those Websites.
11.5 transmitted Information: Information or material which you provide electronically through your access to or usage of this Website is not confidential or proprietary and acknowledge that unprotected communication over the Internet is subject to possible interception, alteration or loss. Internet transmissions are never entirely secure or private, and that any message or information you send to or through the Website may be read or intercepted by others, even where a Website is stated as being secure. City Motor Group shall have no liability for the interception or 'hacking' of data through the Website by unauthorised third parties.
11.6 overseas Use: City Motor Group makes no representation or warranty that the Website or is content are appropriate, available or lawful for use in any Country. To the maximum extent possible City Motor Group excludes all liability in respect of any laws outside of New Zealand which may apply to a user or use of this Website outside of New Zealand.
11.7 liability excluded: City Motor Group will not be liable to any person or entity for any damage, direct or indirect, incidental, special or consequential for access to, use of or inability to use this Website. City Motor Group assumes no liability for errors or omissions in the content or any services available on this Website including any inaccuracies and for any non-compliance by any goods or services with any representations, illustrations, specifications, product features, colour or other information contained on this Website. This Website and all content, features, and services on this Website are provided "as is" without warranty of any kind, whether express or implied, including but not limited to implied warranties of fitness for a particular purpose or non-infringement.
11.8 no Contracting Out: Nothing in these terms and conditions should be taken to limit the operation of the Fair Trading Act 1986 or the Consumer Guarantees Act 1993.
12.1 passwords: Where you register on the Website you may be asked for your name, email address and a password. Because your username and password allows online access to information you have stored City Motor Group advises you to keep your username and password secure and you should not give out your user name or password to any other person. City Motor Group will never ask you to disclose your password.
12.2 password Security: City Motor Group recommends the password you select should not relate to any readily accessible data such as your name, birth date, address, telephone number, driver's licence, licence plate or passport. Nor may it be an obvious combination of letters and numbers, including sequential or same numbers or letters. You are entirely responsible for maintaining the security of your login and password, and for all activity which occurs on or through your account, whether authorised or unauthorised. If any unauthorised party gains access to your username and password, please notify us immediately and change your password immediately. City Motor Group shall not have any liability for your failure to comply with these obligations.
13.1 right to suspend, alter or cancel service. City Motor Group shall be entitled at any time without prior notice or any liability to you, to cancel or suspend any or all of services provided through or by this Website and/or substitute alternative services, which may or may not be interactive or transactional in nature.
13.2 contact Details: If you have any further questions relating to these terms or the Website please contact City Motor Group either by email at [email protected] or by post to City Motor Group, PO Box 112-072, Penrose, Auckland 1051 or by phone on (09) 525 7790.
13.3 governing Law: Use of this Website and these terms shall be governed by the laws of New Zealand without reference to principles of conflict of laws. You agree to be bound by such laws and irrevocably agree to submit to the jurisdiction of the courts of New Zealand in connection with the interpretation or application of these terms. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.