Terms and Conditions

These terms and conditions are intended to keep carjam.co.nz a safe place to trade. It is important for you to carefully read and regularly re-read these terms and conditions of use. These Terms and Conditions replace any previous carjam.co.nz Terms and Conditions.

Acceptance of Terms and Conditions

The Terms and Conditions form the contract between you as a customer/user and CarJam Online Limited as provider of these services and by using carjam.co.nz you acknowledge and accept these Terms and Conditions.The terms and conditions are the terms on which carjam.co.nz offers you access to the services and the website. By purchasing information, products and services and/or registering as a member of carjam.co.nz you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the services.These Terms and Conditions shall be deemed to have been agreed to and to be binding upon you at the date you purchase the information from carjam.co.nz.

Licence

This licence is between you and CarJam Online Limited. In consideration and as a condition of you receiving access to carjam.co.nz you are hereby granted a non exclusive non assignable licence by CarJam Online Limited to use carjam.co.nz in accordance with these terms and conditions. This licence is made pursuant to New Zealand law and it shall be governed by New Zealand law.

Charges

CarJam Online Limited reserves the right to review the charges at any time.

Security

You must at all times keep access to carjam.co.nz secure. If you do not you will be liable for any consequential loss suffered by carjam.co.nz as a result of a security breach. CarJam Online Limited will have the final right to determine what is a security breach.

Warranty

carjam.co.nz has collected the information contained on this website in accordance with statute and has taken all reasonable care in so doing. However, users should be aware that the information contained on this website is obtained from or through parties other than carjam.co.nz and that carjam.co.nz does not and is unable to warrant the accuracy of that information.carjam.co.nz gives you a 90 day warranty that the carjam.co.nz system, materials and documentation supplied with this agreement will operate in terms of and/or comply with carjam.co.nz’s specification and that carjam.co.nz and the programs therein are fit for their purpose. The warranty excludes any liability in respect of carjam.co.nz whether expressed or implied. All other warranties in respect of carjam.co.nz are hereby excluded to the extent permitted by law. However, carjam.co.nz does not warrant that the programs will be uninterrupted including the following circumstances:

  • Interruption caused by the New Zealand Transport Agency, “NZTA”, (and their dependent systems) and Personal Properties and Securities Register, “PPSR”, (and their dependent systems) being unavailable.
  • Interruption caused if the NZTA (and their dependent systems) and PPSR (and their dependent systems) are changed substantially, such that the carjam.co.nz service is no longer functional. In this case carjam.co.nz will endeavour to provide replacement carjam.co.nz services as soon as possible.
  • Interruption caused by the Internet Service Provider.

Liability

You agree that, to the maximum extent permitted by law, any and all liability and responsibility of carjam.co.nz to you or any other person under or in connection with these terms and conditions, or in connection with the services, this website, or omissions, or your use of or inability to use, the services or this website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. carjam.co.nz’s liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.carjam.co.nz shall only be liable to replace the carjam.co.nz materials and documentation herewith which are found within the warranty period to contain defects.carjam.co.nz and its employees or agents shall under no circumstances be liable in contract, tort or otherwise to compensate you for any loss, injury or damage arising directly from the supply of carjam.co.nz to you or the operation of or failure to operate carjam.co.nz except to the extent set out above.In any event, under no circumstance will carjam.co.nz or its employees or agents be liable to you in the terms and conditions, tort (including negligence or (to the extent permitted by law) breach of statutory duty) or otherwise for loss (either direct or indirect) of profits, business or anticipated savings or for any indirect or consequential loss whatsoever arising from the supply of carjam.co.nz to you.

Terms of Usage

All information is supplied through carjam.co.nz in accordance with Section 19 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986.Information received on carjam.co.nz cannot be used in a court of law as evidence in proceedings.carjam.co.nz reserves the right to withdraw carjam.co.nz services from any user who fails to meet contractual obligations or abuses the service in any way.Users are responsible for all Internet access charges via your nominated Internet Service Provider (ISP).The user’s security software package is not the responsibility of carjam.co.nz.Users agree not to disclose the information supplied through carjam.co.nz to any other party without written consent from carjam.co.nz.

Amendment of Terms and Conditions

These terms and conditions may be amended in whole or in part by carjam.co.nz from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the services represents your agreement to be bound by the terms and conditions as amended.

Indemnity

You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction, your use of carjam.co.nz’s message boards, or arising out of any content or item you submit, post, transmit, or make available through the services.

Breach

Without limiting any other rights and remedies available to carjam.co.nz, carjam.co.nz may limit your activities on the website, issue a warning to you, suspend or terminate your membership, or refuse to provide our services to you if you breach these terms and conditions or where carjam.co.nz considers it appropriate.

Becoming a Member

Becoming a member is free and optional. You may only register as a member if you can form a legally binding contract that is enforceable against you. You must be 18 years old, or older. By registering as a member, you warrant that you can form a legally binding contract.

Accurate Information

You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by carjam.co.nz to ensure it is kept current at all times. carjam.co.nz may phone or mail you to verify these details. You must not register as a member under multiple identities or personas (whether false or not). However, at carjam.co.nz’s discretion, you may create a business membership in addition to your personal membership.

Termination of Membership

carjam.co.nz reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, carjam.co.nz may terminate your membership if a serious complaint or multiple complaints are received about you from other members, if you breach these terms and conditions, if you impersonate another member, or if we, at our sole discretion, deem your behaviour to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled.

Restrictions on Use

All of the Products of CarJam including but not limited to Reports and Developer Connection Data shall be used by Customer solely for its internal purposes and shall not be resold or otherwise disclosed to any third party without the prior written consent of CarJam, and Customer shall not copy, decode, reverse engineer (including data acquisition by “screen scraping”) or use the Product for any other purpose. Customer shall not place the Products on the Internet or any similar network service without a prior written agreement with CarJam.

Restrictions on Ownership Use for Authorised Entities

Authorised business users may only access personal information from the Motor Vehicle Register for a specified purpose, as described for each class for which the Ministry of Transport have granted access: Registered Motor Vehicle TradersRegistered Financial Services Providers and Service Stations

Recognition

All systems making use of Products by way of physical, visual, electronic or verbal delivery of Report or Developer Connection or other data from CarJam to deliver information to 3rd parties, customers or for internal use within a customer organization must be clearly marked with “Data supplied by CarJam – carjam.co.nz” as appropriate to be recognisable in the format of delivery e.g. visible on any user interface presenting such data in any form.

Security of your login information

You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree: not to permit any other person to use your user name or membership; and not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow them to gain access to your membership.

System Integrity

carjam.co.nz will use all reasonable endeavours to ensure the availability of the website and services, subject to any downtime required for maintenance. However, carjam.co.nz takes no responsibility for any system unavailability, or for any loss that is incurred as a result of website or services being unavailable. Further, carjam.co.nz assumes no responsibility for the corruption of any data or information held by carjam.co.nz.

Force Majeure

carjam.co.nz has no liability for any lack of performance, unavailability or failure of the services or the website, or for any failure of carjam.co.nz to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of carjam.co.nz.

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.

Partial Invalidity

If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.

Governing Law

These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.

Entire agreement

These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.

Privacy

carjam.co.nz may collect personal information about you through your use of the services and the website, including: your registration details; and information relating to your use of the website and the content you access.You agree that carjam.co.nz may use this personal information to assist us to provide the services to you, for internal research purposes, to verify your identity, for promoting and marketing other carjam.co.nz products and services to you, and for any other use that you authorise. You agree to your membership’s trading history being published in your feedback.We will not sell or allow third parties to access your personal information without your consent. We release account and other personal information only when we believe release is appropriate to comply with law; facilitate court proceedings; enforce or apply our terms and conditions; or protect the rights, property, or safety of carjam.co.nz, our users, or others. Please review our privacy policy.

Refunds

We will agree to refund you in full shall we fail to deliver the information, service and/or product you paid for. If initial payment was by Credit Card, then the refund will be made back to your Credit Card Company. Our major concern is to maintain our happy relationship with you our customer. We we will attend to this without any fear of embarrassment to you.

Accounts

If your account is terminated CarJam Online Limited will refund the balance of your credit account, less a $5 manual processing fee that is payable to CarJam Online Limited. Consequently, no refund will be made if the account balance is below $5. If your membership is removed due to breach of our terms and conditions it is at our discretion whether you are eligible for a refund. Promotional giveaways of credits, bonus credits, or any free credits gifted to the member on registration will not be refunded. If account was unused for a period of 18 months, any unused balance on your account is forfeited to CarJam Online Limited and your membership will be suspended.

User Generated Content Service and other Carjam Services description

Carjam Online Limited (“Carjam”) currently provides users with access to a variety of on-line resources, including, various communications tools, online forums, information services and user generated content upload and viewing services (the “Services”).

Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the release of new Services, shall be subject to these Terms & Conditions

You understand and agree that the Services are provided “as is” and that Carjam assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user generated content or communications.

Public Content posted to Carjam

For purposes of the Terms and Conditions, publicly accessible uploaded content is any content uploaded by a registered user which which is then accessible by the general public via vehicle reports or any other Services.

With respect to publicly accessible uploaded content you elect to post for inclusion in publicly accessible areas Carjam that consists of text, photos or other graphics you elect to post to any publicly accessible area of the Services, you grant Carjam the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such content on the Services solely for the purpose of displaying, distributing and promoting the Services to which such content was submitted, or, in the case of photos or graphics, solely for the purpose for which such photo or graphic was submitted to the Services.

This license exists only for as long as you elect to continue to include such content on the Services and shall be terminated at the time you delete such content from the Services.

Carjam User Generated Content Usage

You understand that all information, data, text, photographs, graphics, video, messages or other publically accessible uploaded content (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Carjam, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services.

Carjam does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Carjam be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Services.

You agree to not use the Services to:

  • upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, sexually, ethnically or otherwise objectionable or
    vilifying; harm minors in any way
  • impersonate any person or entity, including, but not limited to, a Carjam employee or other Carjam registered user, or falsely state or otherwise misrepresent your affiliation with a person or entity
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services
  • upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships
  • upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party
  • upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, except in those areas that are designated for such purpose
  • upload, post, email or otherwise transmit any material that contains 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 telecommunications equipment
  • interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services
  • intentionally or unintentionally violate any applicable local, national or international law and any regulations having the force of law
  • “stalk” or otherwise harass another person or collect or store personal data about other users

You acknowledge that Carjam does not pre-screen Content, but that Carjam and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Services.

Without limiting the foregoing, Carjam and its designees shall have the right to remove any Content that violates the terms and conditions or is otherwise objectionable.

You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Carjam or submitted to Carjam by users.

You acknowledge and agree that Carjam may preserve Content and may also disclose Content if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Terms and Conditions; respond to claims that any Content violates the rights of third-parties; or protect the rights, property, or personal safety of Carjam, its users and the public.

You understand that the technical processing and transmission of the Services, including your Content, may involve: (a) transmissions over
various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transfer and storage of your Content in New Zealand or elsewhere.

When Free Lookups or other reward for user generated content e.g. Photo Uploads is offered by Carjam it shall be a limited time offer and advertised only in those periods when it is available.  Free Lookup will only be valid and offered in return for an upload of a Photo during this limited time provided the photo is Approved by Carjam. Continued abuse of this process as deemed by Carjam will result in the member being blocked, including the removal of all “Free Lookups” photos being deleted.

Free lookups are not to be used for commercial purposes and uploading of user generated content or other method of obtaining free lookups by business users must not be used to generate free lookups for the purpose of commercial gain.

Abuse of this process includes but is not limited to the following:

  • Uploading inappropriate content (non vehicular photos, unlawful photos, photos of different types of vehicle than registered to the plate associated with a Carjam report
  • Uploading duplicate photos
  • Deletion and re-uploading photos to the same plate number or different plate numbers

 

Indemnity & Release

You agree to indemnify and hold Carjam, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Services, your use of the
Services, your connection to the Services, your violation of the terms and conditions, or your violation of any rights of another.

No resale of Services or Content

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services including Content.

Vehicle Finance Offering

All finance enquires will be submitted to Fresh River Finance.

Fresh River Finance is a registered Financial Service Provider FSP153146 and is a member of the Financial Services Complaints Ltd (FSCL).

Fresh River Finance’s range of lender accreditation’s allows their finance consultants the scope to search and obtain the best finance solution for all customers.