GILTRAP GROUP HOLDINGS LIMITED
WEBSITE TERMS AND CONDITIONS
These Terms and Conditions apply to your use of the following websites of the Giltrap Group Holdings Limited group of companies (referred to as Giltrap Group, our, us or we):
(a) this website (https://www.archibaldandshorter-ns.co.nz/);
(b) any of our other websites offered by a company within the Giltrap Group;
(c) any other websites, pages or applications used to gather your details or send you email notifications relating to us; and
(d) any social media website or page, containing pages or content established by, or associated with us, including, but not limited to:
(iv) YouTube; and
(v) Instagram (together referred to as the Social Networking Sites and any one of them a Social Networking Site),
(each of (a), (b), (c) and (d) are collectively referred to as the Internet Sites and any one of them is an Internet Site).
By accessing or using any one or more of the Internet Sites you are deemed to have read and agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must cease accessing the Internet Sites immediately.
We reserve the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon being placed on the Website. Your continued use of the Internet Sites following such amendments being placed on the Website will represent an agreement by you to be bound by the Terms and Conditions as amended. Such amendments may include replacing these Terms and Conditions with entirely new Terms and Conditions.
4. Intellectual Property
Unless otherwise stated on the Website, we are the owner of, or otherwise have the right to use, all copyright, trade marks and other intellectual property rights relating to us and our subsidiaries (if any) on the Internet Sites. This includes without limitation all intellectual property rights in respect of all text, graphics, logos, images and any downloads that may be offered on the Internet Sites. Our ownership in such intellectual property is protected by both New Zealand and international law.
We grant you a non-exclusive, non-transferable, revocable license (License) solely for the purpose of learning about us as well as registering, ordering and paying for goods and/or services, and making personal use of the Internet Sites. Any contravention by you of these Terms and Conditions terminates the License immediately.
Under no circumstances, without our prior written approval, may you adapt, reproduce, store, distribute, print, display, publish or create derivative works from any part of the Internet Sites. You must not:
• use any data gathering and extraction tools or software to extract information from the Internet Sites;
• frame or utilise framing techniques to enclose any of the contents of the Internet Sites without our express prior permission; or
• use any meta-tags or other hidden text which incorporate our name or any of its intellectual property including trademarks without our express prior permission.
You agree to fully indemnify us for any loss or damage we may suffer in contract, tort (including negligence), equity, statue, regulation or otherwise, including without limitation any economic loss, loss of turnover, profits, business or goodwill, whether direct, indirect or consequential, in respect of any third party claims against us, our related parties, employees, volunteers, contractors or agents, that arise as a result of your breach of the License.
While we do our best to make sure that information available on the Internet Sites is accurate and free from errors, we do not guarantee its accuracy. There may also be interruptions or delays on the website that we can’t prevent. Likewise, while we endeavour to prevent the presence of viruses or malicious code on the Internet Sites, we cannot guarantee this outcome.
We do not undertake to keep the Internet Sites updated.
We do not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained on the Internet Sites including without limitation where such loss or damage is a result of or contributed to by our negligence. Additionally, we are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of the Internet Sites. You must take your own precautions to ensure that whatever you select for your use from the Internet Sites is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
7. Order enquiries
The Internet Sites may allow you to place an order enquiry for vehicles. Any price details for vehicles on the Internet Sites are indicative only, with final prices being set by our retailers. Placing an order enquiry does not guarantee you the selected vehicle, nor does it oblige you to purchase a vehicle.
We will share the information of the selected vehicle, your contact details and other information you have provided us through the Internet Site to your nominated retailer. Once your order enquiry has been received, a Giltrap Group representative or your nominated retailer will contact you to discuss your selected vehicle or an alternative vehicle in the event the vehicle for which you have registered your interest is not available.
To buy the selected vehicle, or an alternative vehicle, you will need to:
• visit your retailer (subject to COVID-19 restrictions);
• agree a purchase price for the selected vehicle with the retailer;
• sign a contract of sale with the retailer; and
• pay the retailer a deposit and secure appropriate financing for the final payment, or if you are not paying by finance, pay the retailer in full.
8. Posting Policy
We may allow you to post content on the Internet Sites.
You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to it. This means we have the right to use your user generated content (UGC) for the purposes of our business in any way we see fit, and without any further notice to you or permission from you or any obligation on our part to pay you any money or provide any other compensation for our use of your UGC. An example of how we may use your UGC is that we may extract or republish your UGC in our marketing materials.
You are responsible to us and all relevant third parties for any UGC you upload to our Internet Sites. We are entitled to recover any costs or liability we incur as a result of your UGC, direct from you and you indemnify us accordingly.
When using the Internet Sites, you must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Internet Sites, including but not limited to:
• any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
• using the Internet Sites to defame or libel us, our employees, volunteers, members or other individuals;
• uploading files that contain viruses that may cause damage to our property or the property of other individuals;
• posting or transmitting to the Internet Sites any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.
If we allow you to post any information to the Internet Sites, we have the right to take down this information at our sole discretion and without notice. We take no responsibility and assume no liability for any content posted, stored, transmitted or uploaded to the Internet Sites by you (in the case of your content) or any third party (in the case of any and all content more generally), or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
If you would like to get in contact with us, please refer to the Contact Us page on our Website.
10. Linked Websites and Third-Party Information
The Internet Sites may contain links to other websites (Linked Websites). As the content and maintenance of Linked Websites is out of our control, please be aware that we are not responsible for the content or privacy practices of those websites. Links on the Internet Sites to Linked Sites do not necessarily endorse those Linked Sites.
11. Exclusion of Warranty
To the maximum extent permitted by law, we make no warranties or representations about the Internet Sites, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that the Internet Sites will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to the Internet Sites or any feature of the Internet Sites at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
12. Exclusion of Liability
To the extent permitted by law, under no circumstances will we, our employees or agents be liable to you in contract, tort (including negligence), equity, statute, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you or by any other third party, whether direct, indirect or consequential (including without limitation any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or brought against you which relate in any way to your access and use of the Internet Sites or in respect of any failure or omission on our part to comply with our obligations as set out in these Terms and Conditions in respect of your access and use of the Internet Sites.
If you are using the Internet Sites to acquire goods or services in trade for a business purpose, you agree that the Consumer Guarantees Act 1993 does not apply.
13. Limitation of Liability
In the event that any limitation or provision contained in these Terms and Conditions is held to be invalid or unenforceable for any reason and we become liable for any loss or damage that would otherwise have been excluded, our maximum liability in contract, tort (including negligence), equity, statute, regulation or otherwise for any loss, damage or injury directly or indirectly arising in respect of your access and use of the Internet Sites is to be limited to $50 in New Zealand currency.
Your use of the Internet Sites and these Terms are governed by the law of New Zealand and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New Zealand.
15. Social Networking Sites
The Social Networking Sites allow you to share content with other users. Importantly, any personal information that you contribute to our Social Networking Sites can be read, collected and used by other Social Networking Site users. In particular, our Facebook page is set to the “everyone” setting in accordance with Facebook’s terms and conditions. This means that information you post is publicly available and may be accessed by everyone on the internet, be indexed by third party search engines and be imported, exported, distributed and redistributed by us and others, without privacy limitations. We have little or no control over these other users and, therefore, we cannot guarantee that any information that you contribute to any Social Networking Site will be handled in accordance with these Terms.
16. Behavioural Remarketing
For example, we use Google AdWords, provided by Google Inc, and Facebook Custom Audiences, Facebook Dynamic Ads and Facebook Pixel, provided by Facebook Inc, to deliver targeted advertisements to individuals who visit our Website.
Additionally, you can exercise your choice to opt out through the following link: https://optout.aboutads.info/?c=2&lang=EN
In the event of any problem with the Internet Sites or any content, you agree that your sole remedy is to cease using the relevant Internet Site.
18. Failure to Comply
We accept no liability for any failure of ours to comply with these Terms and Conditions where such failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these Terms and Conditions is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms and Conditions and the remaining Terms and Conditions shall continue in force.
In the case of a breach of these Terms and Conditions by you or any other person, we are free to decide whether we wish to take action for such breach, and if so when and how. We will not be prevented by passage of time or any other matter, from exercising our rights.
22. No Assignment
You may not assign any of your rights or obligations pursuant to these Terms and Conditions.
If you have any queries in regard to these Terms and Conditions please don’t hesitate to contact us.