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Terms and Conditions

General Terms

Acceptance of a contract ("The Contract") between AutoBase and another party ("The Company") shall be deemed to be complete upon The Company signing the "Contract of Services" or otherwise accepting, whether verbally or in writing or electronically, services to be provided by AutoBase. The items contained in the "Contract of Services", together with these "Terms and Conditions" and notices shall be the conditions of The Contract. All other conditions, warranties, descriptions, representations and agreements whether express or implied or otherwise are hereby excluded except when received by The Company from AutoBase in writing. No agent or representative of AutoBase is authorised to make any representations, statements, conditions or agreements not expressly confirmed by AutoBase in writing and AutoBase is in no way bound by any such unauthorised statements nor shall any such statements form, or be capable of being taken to form part of a contract with AutoBase.

If you are advertising on Trade Me through AutoBase you agree to be bound by the Terms and Conditions of use of the Trade Me website. AutoBase will use its best efforts to communicate these obligations to you and to work with you to remedy any breach that may occur. Trade Me reserves the right to refuse listings for any Registered Motor Vehicle Trader who breaches those Terms and Conditions.

To use this service to advertise cars, you must be a registered motor vehicle trader as listed on www.motortraders.med.govt.nz.

Delivery

Delivery of service will be deemed as being made when information received from The Company (by any means or from it's agent) is loaded on the AutoBase website and is available to be viewed by any person having the necessary equipment and access to the Internet. Delivery can also be deemed as being made when a service is put in place by AutoBase and the appropriate password(s) and/or login name(s) are given either verbally or in writing (electronically or otherwise) to The Company. AutoBase reserves the right to deliver the goods or services by instalments. AutoBase may withhold delivery until all or any requirements of AutoBase have been met. The cost of delivery will be charged to The Company unless otherwise specified.

Cost of Services

All published costs for services provided by AutoBase ("Costs") are indications only. Costs are therefore subject to alteration without prior notice and are accepted for delivery of services, at the Costs ruling at the time of delivery. Every effort will be made to keep The Company informed of variations. The Company shall pay to AutoBase upon demand an amount equal to the goods and services tax (if any) payable by AutoBase in respect of goods or services supplied to The Company. The Company without deduction of any kind shall tender the entire invoiced costs.

Advertising Rate may be subject to alteration at any time and The Company agrees to pay the current rate of service(s). AutoBase makes every effort to inform you of any variation to rates and charges however you are ultimately responsible to ensure you are aware of all rates and charges at all times.

Terms of Payment

Payment of the Costs is due immediately on invoice unless varied in writing by AutoBase. If AutoBase does not receive payment on due date interest may be charged at (what is, in the reasonable opinion of AutoBase) the prevailing market interest rate of such defaults on any amount not received. If The Company defaults in any payments of or if The Company commits any act of bankruptcy or (if The Company) does any act which would render it liable to be wound up or have a receiver appointed, AutoBase may terminate The Contract without prejudice to any other rights it may have and payment of all Costs shall immediately become due and payable by The Company. If The Company is not able to immediately pay the amount due to AutoBase (including any late payment penalty, collection costs and interest charged) then the person(s) who agreed to, or accepted the services from AutoBase on behalf of The Company and/or Directors and/or Shareholders of The Company are personally liable for all amounts as determined by AutoBase.

Obligation

The Company accepts that it is responsible for the accuracy of the information displayed and will use its best endeavours to keep the information displayed current and acknowledges that it will not advertise vehicles on the website that are not currently available for purchase by consumers.

Listings

By listing any item on AutoBase you accept the following:
  • You will maintain stock at least once a week and delete sold vehicles as soon as possible.
  • All listings supplied will be accurate, legally compliant and not contain any offensive or otherwise objectionable content.
  • You agree not to withdraw and re-list items in order to artificially elevate the listing presence on the Trade Me Motors or AutoBase websites.
  • You agree not to display any URLs, including any hyperlinks to websites, within a Trade Me Motors listing unless you have written authorisation from AutoBase.
  • You must not use this service to promote any item other than the item for sale in your listing.
  • You agree not to include your email address, phone number or any other contact detail within the description of listings or listing comments or photos.
  • We reserve the right to withdraw any listing that is not listed in the most relevant category or does not, at our sole discretion, meet our terms and conditions or minimum quality requirements.

Risk

Risk of any loss, damage or deterioration of or to the services provided by AutoBase shall be born by The Company from the time of initiation.

Cancellation of Services by The Company

Any time prior to the expiration of the ‘Minimum Advertising Period’ the balance of contract period is payable upon cancellation. Outside of the ‘Minimum Advertising Period’, one calendar month’s notice in writing is required to cancel services.

Cancellation of Services by AutoBase

AutoBase reserves the right to terminate a contract without further notice, should in AutoBase's opinion, any breach of the AutoBase Terms and Conditions or the Trade Me Terms and Conditions be deemed to have occurred.

Property

Ownership and the title of the goods or services including any electronic or intellectual property shall remain with AutoBase until the Costs or all services and all other monies owing by The Company to AutoBase in respect of goods and/or services shall have been paid notwithstanding that goods and services may have been sooner given into The Company's possession. Until such payment is made in full: The Company shall have no power to charge, encumber, transfer or assign the goods or services to any other person for the purpose of raising money; if any of the goods or services are sold or otherwise disposed of by The Company (such as an Internet site developed and/or hosted by AutoBase), before title passes in accordance with this clause, then The Company shall hold the proceeds of such sale or disposition separate upon trust for AutoBase and shall be accountable for such proceeds until the Costs of service and all other monies owing by The Company to AutoBase in respect of goods and services shall have been paid in full. In this clause "disposition" shall, without limiting the same, be deemed to include leasing or hireage by The Company to any third party. This clause does not include any electronic property that AutoBase may possess or retain on behalf of the Company including vehicle information, vehicle photographs (digital or otherwise), logos, graphics or any other software system(s), Internet site, intellectual property or any other item (electronic or not) unless specifically noted by AutoBase in writing to the Company. If there is no agreement in place then all property held by AutoBase on behalf of The Company will be deemed to be owned by AutoBase. If provision or part thereof of this clause shall be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

Waiver

All the original rights, powers, exemptions and remedies of AutoBase shall remain in full force notwithstanding any neglect, forbearance or delay in the enforcement thereof. No waiver of a breach of any provision of these Terms and Conditions will constitute a waiver of any other breach of that provision.

Agreement

These Terms and Conditions of Operation are effective from the date The Company orders or agrees to AutoBase supplying any goods or services.
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Copyright Notice

Intellectual Property Rights

AutoBase (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in this website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the services and the website.

You may not without written permission from AutoBase, in any form or by any means:
  1. Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
  2. Commercialise, copy, or on-sell any information, or items obtained from any part of this website.
The AutoBase logo is a registered Trade Mark.
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Privacy Policy

This document discloses our information gathering and usage practices and should be read in conjunction with our Terms and Conditions.

Use of Your Information

Any information gathered by AutoBase during the normal course of operation of the website is held confidential by AutoBase and is not provided to any third party other than those to which it may have a legal obligation to do so. Information may be supplied to a third party where that third party has been engaged by AutoBase to enforce compliance with our Terms and Conditions or to protect the property rights of AutoBase or any of its clients.

Updating Your Personal Information

Where AutoBase has stored your personal information about you, for example in the case of your membership profile, it will provide you with a way in which you can alter this information at any time, including changing your email address, password, phone number etc.

Cookies

Cookies are small pieces of information that are stored in a browser-related file on your computer's hard drive when you use our website. We use cookies to help with your experience whilst browsing the AutoBase website. Cookies are widely used on most major websites and can be removed by you at any time from your computer. To do this consult your browser help documentation regarding Removing Cookie Information. The technology we use requires the use of session cookies. Session Cookies expire and are deleted after 30 minutes of no activity on AutoBase and cannot be recovered.

AutoBase Initiated Communication

AutoBase may, at its discretion, send various types of information to you via email or postal mail. In each case AutoBase will provide clear and obvious instructions on how you can prevent receiving further information of the same or similar nature.

AutoBase Website Facilities

AutoBase provides several Internet based facilities to allow you to communicate with buyers and sellers of vehicles. You may not use any feature or function on the AutoBase website to send spam or content that would violate our privacy policy or Terms and Conditions.

Password Policy

You are responsible for all actions taken with your user name and password. You should not disclose your password to any third party. AutoBase's password implementation ensures that once you have set or changed your password online, no other person will know or be able to decipher the stored password. Even AutoBase staff are unable to determine the saved password.