Motorweb Terms and Conditions

Parties

MotorWeb is a Trade Me Limited business. These Terms form an agreement between you and Trade Me Limited.

MotorWeb will provide you with the Services, subject to these Terms. By registering to use, or using, the Services you agree to comply with these Terms:

1. Definitions

• MotorWeb, we, us, our, etc means the MotorWeb vehicle information business, operated by Trade Me Limited.
• You, your, etc means you, the person granted access to the Service by MotorWeb.
• Credentials means the usernames, passwords and digital certificates assigned to you (or selected by you, in the case of passwords), which you use to access the Services.
• Service means any service provided to you by MotorWeb.
• System means the hardware and software operated by MotorWeb to provide you with Services.
• Data means any information delivered to you by any Service.
• MBIE means the Ministry of Business, Innovation and Employment.
• MoJ means the Ministry of Justice.
• NZTA means the New Zealand Transport Agency.
• Terms means these terms and conditions.

2. Use of the Services

• You agree to comply with all applicable laws (including, without limitation, the Privacy Act 2020) in your use of the Services.
• You agree to follow MotorWeb's instructions in relation to the Services.
• You agree to keep your Credentials confidential, and not to share them with anyone.
• You agree to notify MotorWeb immediately if your Credentials become known or are used by anyone else.
• To access the Services you must register for a MotorWeb account following the process set out on our website. We reserve the right to decline any application for an account at our discretion.
• So that we can provide the Services to you and manage your account, we will collect and store information about you, which you may access and correct at any time, in accordance with the Privacy Act 2020. Where we use third parties to undertake services, we provide those third parties with some of your information if it is required to fulfil those services. For example, we use third party software (such as customer relationship management and marketing automation software) that holds your information, sometimes overseas. We require any third party to undertake strict precautions to protect your information against unauthorised use or disclosure.

3. Price and payment

• The prices for the Services will be set out on the MotorWeb website, or in an individual agreement with you.
• We'll invoice you monthly and payment is due and payable on the 20th of the month following the invoice date.
• If you wish to dispute an invoice you must do so, in writing, within 10 working days of the invoice date. We will consider any issues raised and act in good faith to reach a resolution with you. You will pay any undisputed amount on the due date for payment.
• If payment is not received by the due date, or you're otherwise in debt to us under this agreement or any other, we may take action that we consider appropriate. For example, we may: (a) suspend or terminate your access to our services; (b) charge interest on outstanding amounts not paid by the due date at a rate that is 2 percentage points greater than our bank's unarranged overdraft interest rate, starting from the due date of the unpaid invoice; (c) set-off any amount you owe us against any amount that may be due from us to you (under any agreement); or (d) pass your account onto a debt collection agency. You agree that any costs incurred in the collection process, including legal fees, can be on-charged to your account.
• You agree that Trade Me may conduct a credit check on you, and may collect and hold information about you, which may be passed on to a credit reporting agency for the purpose of conducting a credit check.

4. Your obligations in respect of Data

• Some Services give you access to the personal information of individuals.
• Motorweb is authorised to access the Motor Vehicle Register, however, registered persons have the option to opt out of their information being released under section 241.
• You agree not to use that information for any purpose that is not clearly authorised by the individual or required by law. You agree to secure that information against unauthorised disclosure or use by any third party.
• In case of any unauthorised use, disclosure of any third party's personal information, privacy breaches or instances of unauthorised access you agree to notify MotorWeb, as the portal provider as well as NZ Transport Agency, the Office of the Privacy Commissioner and the individual in writing immediately you become aware of such unauthorised use or disclosure.
• Without limiting any other provision of these Terms, you agree to comply with the following rules in relation to the Services stated:
  • Fine Status query: express consent of the subject.
  • Driver's Licence query: express consent of the licence-holder.
• You agree to keep a record of each consent you have obtained and to make such consents available to MotorWeb if requested by MotorWeb.
• You agree to take all reasonable steps to ensure that information you submit to the System is accurate and error free and free from any malicious code and to report any errors to MotorWeb immediately you become aware of them.
• You agree that you will not market, supply, resupply, rent, lease, re-sell, sub-license, lend, assign, transfer, or otherwise provide any Data in any way whatsoever to any third party, or make or retain copies of any Data, except as expressly permitted under these Terms or with our express written consent.
• If there is personal information contained in the Data that you access through the Services, MotorWeb will redact any such information from its Systems 90 days after the access date. This excludes personal information in any Data obtained from NZTA, which will be redacted after 30 days.

5. Data from third parties

• The Services contain Data sourced from third parties (including, without limitation, NZTA, MoJ and MBIE).
• We take all reasonable steps not to introduce any error into the Data.
• You acknowledge that we have no control over the Data provided by third parties and that it may contain errors or omissions.
• You authorise MotorWeb to search the register of motor vehicle traders to check your RMVT status.

6. Liability

• Unless we agree otherwise in writing, you agree that MotorWeb's liability to you:
  • in respect of third party Data, is entirely excluded and MotorWeb has no liability to you (whether in contract, tort, or otherwise) for any cost, expense, damage or loss incurred by you as a consequence of any error in any Data which MotorWeb has sourced from any third party;
  • in respect of any delay in or failure to supply any Service, is limited to re-supplying that Service and MotorWeb has no liability to you (whether in contract, tort, or otherwise) for any cost, expense, damage or loss incurred by you as a consequence of any delay in or failure to supply any Service;
  • without limiting the operation of clauses 6(a)(i) or (ii), is limited in total, for any cost, expense, damage or loss incurred by you as a result of any action or inaction or negligence by MotorWeb, to the fees paid by you to MotorWeb in the six months prior to any such liability first arising.
• Neither party shall be liable to the other for any failure of or delay in their performance of this agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labour disputes, embargoes, government orders, weather, natural disaster or other force majeure event.

7. Intellectual property

• MotorWeb (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Services and the software and other material underlying and forming part of the Services (including, without limitation, all code, text, graphics and the Data).
• You may not without our prior written permission, in any form or by any means:
  • adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of the Services or Data; or
  • commercialise, copy, or on-sell any Data.

8. Changes to these Terms

• When we make changes to these Terms, we will give you reasonable notice. Reasonable notice is usually two weeks, but may shorter if we need to make urgent changes.
• If you object to any change we make to these Terms, you can terminate this agreement by giving us notice in writing at any time during the period from the date we provide notice of the change, to a date two weeks from the date the change takes effect.

9. Termination

• You can cease using the Services at any time. If you wish to deactivate your account and terminate this agreement you must give us notice in writing.
• If this agreement is terminated for any reason, you agree to immediately:
  • pay any amounts you owe us;
  • cease to use the Services; and
  • destroy all copies of any Data that you have in your possession or control.
• You agree that we may audit your compliance with clause 9(b)(iii) at any time by giving you written notice and you agree to do everything we reasonably request (including providing access to systems and premises) to facilitate any such audit. This obligation survives termination of this agreement.
• We may suspend your use of the Services at any time if, in our reasonable opinion, you are in breach of any obligation you have under this agreement.
• We may terminate this agreement immediately by notice to you if you breach any obligation you have under this agreement.
• We may terminate this agreement at any time at our convenience by giving you not less than 30 days’ notice in writing.

10. General

• These Terms are governed by New Zealand law and you agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.
• If we do not exercise or enforce any right available to us under these Terms, it does not constitute a waiver of those rights.
• If any provision of these Terms 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, which shall continue in full force and effect.