⚖️ 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. By registering as a member you accept brief infrequent newsletter style communications from CarJam with the knowledge and understanding you may unsubscribe from such newsletters at any time.

    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.

    Use of Data

    CarJam reserves the right to make use of all data acquired during report purchases and interactions with its business partners and customers for its own purposes including redelivery from a cache of stored data internally maintained in any way desired.

    Restrictions on Ownership Use for Authorised Entities

    With legislation changes as a dealer or other business entity you now need to have authorised access as a member of MTA or NAITA or individually. Read more at NZTA's website.

    You will need to identify from this government spreadsheet which is your business and add the corresponding MVTR and/or NZBN number to your account.

    If you think your business should already be included in the spreadsheet you should contact the NZTA via email on [email protected].

    Personal details of the registered owner are only provided to holders of such a Section 241 authorisation and only for the specified purposes. These details are sourced from the NZTA Motor Vehicle Register and only retained by CarJam for 1 month for redisplay to a customer having such an authorisation as per legislative requirements.

    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.

    Access Methods

    You may not access the CarJam website using tor end points or similar anonymising software.

    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.

    Analytics

    The CarJam website uses Google Analytics Advertising Demographics Feature to enable us to match our site and advertising appropriately to our audience.

    You can opt-out of the Google Analytics Advertising Features with Google Analytics' currently available opt-outs for the web.

    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 is not responsible for any cost or liability incurred by users due to the misuse of the website features by other users i.e. the uploading of content or text including links to outside sources of information including, but not limited to, sites hosting malware or illegal content by those other users.

    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

    Video content and advertising

    In respect of videos used for advertising and other purposes all names, characters, businesses, places, events and incidents are either the products of the author's imagination or used in a fictitious manner. Any resemblance to actual persons, living or dead, or actual events is purely coincidental.

    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 One Partner Limited.

    One Partner Limited is a registered Financial Service Provider FSP403346 and is a member of the Financial Dispute Resolutions Scheme 5608. One Partner Privacy Declaration is here

    We work with a range of vehicle finance companies to be able to give you a range of finance options, both private and commercial, to suit your needs.

    USA Vehicle History

    NMVTIS Disclaimer. The National Motor Vehicle Title Information System (NMVTIS) is an electronic system that contains information on certain automobiles titled in the United States. NMVTIS is intended to serve as a reliable source of title and brand history for automobiles, but it does not contain detailed information regarding a vehicle’s repair history. All states, insurance companies, and junk and salvage yards are required by federal law to regularly report information to NMVTIS. However, NMVTIS does not contain information on all motor vehicles in the United States because some states are not yet providing their vehicle data to the system. Currently, the data provided to NMVTIS by states is provided in a variety of time frames; while some states report and update NMVTIS data in “real-time” (as title transactions occur), other states send updates less frequently, such as once every 24 hours or within a period of days. Information on previous, significant vehicle damage may not be included in the system if the vehicle was never determined by an insurance company (or other appropriate entity) to be a “total loss” or branded by a state titling agency. Conversely, an insurance carrier may be required to report a “total loss” even if the vehicle’s titling-state has not determined the vehicle to be “salvage” or “junk.” A vehicle history report is NOT a substitute for an independent vehicle inspection. Before making a decision to purchase a vehicle, consumers are strongly encouraged to also obtain an independent vehicle inspection to ensure the vehicle does not have hidden damage. The Approved NMVTIS Data Providers (look for the NMVTIS logo) can include vehicle condition data from sources other than NMVTIS. NMVTIS data includes (as available by those entities required to report to the System): Information from participating state motor vehicle titling agencies. Information on automobiles, buses, trucks, motorcycles, recreational vehicles, motor homes, and tractors. NMVTIS may not currently include commercial vehicles if those vehicles are not included in a state’s primary database for title records (in some states, those vehicles are managed by a separate state agency), although these records may be added at a later time. Information on “brands” applied to vehicles provided by participating state motor vehicle titling agencies. Brand types and definitions vary by state, but may provide useful information about the condition or prior use of the vehicle. Most recent odometer reading in the state’s title record. Information from insurance companies, and auto recyclers, including junk and salvage yards, that is required by law to be reported to the system, beginning March 31, 2009. This information will include if the vehicle was determined to be a “total loss” by an insurance carrier. Information from junk and salvage yards receiving a “cash for clunker” vehicle traded-in under the Consumer Assistance to Recycle and Save Act of 2009 (CARS) Program. Consumers are advised to visit www.vehiclehistory.gov for details on how to interpret the information in the system and understand the meaning of various labels applied to vehicles by the participating state motor vehicle titling agencies.

    CarJam Disclaimer. The title records, junk/salvage/insurance records, and reported vehicle brands listed in the “Problem Check” section is compiled from data in NMVTIS. This vehicle history data is passed from our connection with AAMVA to our servers, which serves this report to your browser. This process of compiling the report through our connection with NMVTIS has been tested and approved by AAMVA. However, CarJam.co.nz neither enters nor validates the data in NMVTIS, so CarJam does not guarantee the accuracy or completeness of the data presented. The vehicle specifications presented are based on a decoding the VIN number (which statically identifies the vehicle’s manufacturer and description). Hence, it will not reflect specific modifications made to this particular vehicle over the course of its existence. Furthermore, the accuracy of this decoding is not guaranteed.

    Japanese Vehicle History

    CarJam utilises data from commercial and government sources in Japan. As a manual step is required in processing in Japanese business hours at least one New Zealand business day is required to produce the full Japanese report. This includes statutory in both Japan and New Zealand which contribute to this delay and may result in multiple days between report purchase and availability. CarJam makes its best efforts to meet this delivery schedule but occasionally unforeseen circumstances may result in additional processing delay. CarJam does not accept responsibility for these delays and will not recompense users for the cost of a report if so delayed and will not accept and costs or expenses incurred as a result of delayed delivery of Japanese history reports.

    Driver License Verification service

    CarJam provides access to a driver license verificaiton system ("DLVS") for the  purposes of driver licence verification and identity verification prior to the rendering of certain services by businesses to their customers.

    This service is restricted to business customers for the purposs listed below:

    • Providing motor vehicle test drives
    • Entering into the sale and purchase agreement
    • Safeguarding as per Anti-Money Laundering and Countering Financing of Terrorism Act 2009
    • Opening a line of credit

    To discuss other uses please contact [email protected]

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