Terms and Conditions - www.inghamdriven.nz

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Terms of Use

These are the terms for the use (“Terms of Use”) of the website owned and operated by Ingham Group Services Limited (“Ingham”) and accessed under the domain name [www.inghamdriven.nz] (“the Site”). In these Terms of Use “we”, “our” and “us” refer to Ingham and any of its directly associated entities.
By accessing or using this Site you acknowledge and agree to comply with these Terms of Use. Your use of this Website is subject to the following conditions and all applicable laws. If, after having read these Terms of Use you do not accept them, you should immediately log out from this Site.
We reserve the right to vary these Terms of Use and the Privacy Policy at any time by publishing varied provisions on this Site. By continuing to use this Site after the publication of any amended Terms of Use you are agreeing to be bound by such amended Terms of Use.
These Terms of Use should be read in conjunction with the Ingham Privacy Policy, available in the footer of our website at www.inghamdriven.nz.

Intellectual Property

We either own or licence all copyright in this Site and all rights are reserved. We either own the intellectual property rights in the content material that appears on this Site, or we have obtained the permission of the owner of the intellectual property to use the content on this Site.
You may use or copy material appearing on this Site for the purposes contemplated by this Site provided that you retain all copyright, trademark and proprietary notices contained in the content. No other use, including reproducing, adapting, distributing, storing, broadcasting or copying any material appearing on this Site is allowed without our written permission.
Where material not published by us appears on this Site, you must not use or copy such material without the written consent of the original owner. Ingham is a registered trade mark of Ingham Group Services. You are not permitted to use it without our approval.

Our Liability

You acknowledge that:
(a) Except as expressly stated in these Terms of Use, all warranties, representations or conditions relating to any aspect of this Site, or to the information contained on this Site (whether express or implied and whether arising in contract, at common law or under statute) are expressly excluded to the maximum extent permitted by law.
(b) If any relevant statute (including without limitation the Fair Trading Act 1986 and the Consumer Guarantees Act 1993) implies statutory rights, conditions or warranties which cannot be lawfully excluded, our liability and the liability of our employees, directors or agents will be limited to, at our discretion, the supply of services again or the payment of the cost of having the services supplied again.
(c) This Site is, to the extent permitted by law, provided “as is, as available” without any warranty of any kind including, without limitation, any warranty with respect to the quality, performance or functionality of this Site and that this Site will be interrupted or error free.
(d) Changes or updates to the content of this Site may occur without notice. Neither we, nor our directors, employees or agents can accept liability for any errors or omissions and make no representations as to the accuracy, adequacy or completeness of any information contained on this Site.
(e) To the extent permitted by law, we are not liable to you for any incidental, indirect, special, consequential or economic loss or damage (including loss of profits or opportunities and exemplary or punitive damages), liabilities, claims or expenses whatsoever, arising out of, or in relation to, you use of, or reliance on information contained on or accessed through this Site, or in respect of any failure or omission by us to comply with our obligations under these Terms of Use, whether arising in contract, in tort including negligence, at common law or under statute.
(f) To the extent permitted by law, you indemnify us from and against all actions, claims, suits, demands, liabilities, costs or expenses arising out of or in any way whatsoever connected to the use of the Site.

Product

Due to photographic and screen limitations, actual goods may differ to a small extent in visual appearance from the way they appear on our site. We may substitute some product imagery on special pages promoting new vehicles if limited product imagery is provided by the manufacturer.

Links to other websites

As a convenience to you, this Site may contain links to other websites independently maintained by others. Because we do not control these other web sites, we cannot be responsible for the content or accuracy of the information or other material on these linked web sites.

The fact that we have provided a link to another website does not mean that we make a recommendation or give any endorsement or approval of any products or services contained in those other websites. We do not guarantee that these other websites will be free from viruses or other harmful components or that access to these websites will be without error or interruption or that any defects on those websites will be corrected.

You acknowledge that you cannot make any hyperlinks to this Site without our prior written consent.

Pricing
Unless specified otherwise, all prices listed are in New Zealand dollars and are inclusive of GST. It is your responsibility to check if the product price includes On Road Costs (ORC) and/or other relevant fees. Please note that prices may be altered at any time for any reason. Delivery charges may be listed separately. Online and in store pricing may differ. Prices may also differ between dealerships. Finance pricing is subject to the terms and conditions of our finance partners and interest rates and fees are subject to change.

Credit Card and Contactless Payment Surcharge

Ingham charges a 2% surcharge on credit and contactless payment options offered to its customers. This is done to offset the costs charged to Ingham by the payment provider (e.g. credit card or finance companies) when a customer uses these payment methods.
Special offers
Sometimes we offer, or make available through our site, special offers which may be governed by additional or alternative terms and conditions with us, or other third parties (including third party privacy policies). Where you take up any such offer, please review these additional terms and conditions carefully.
Cancelling Orders
We reserve the right to cancel orders that we believe to be placed for commercial purposes or are fraudulent (including where we believe there may have been credit card or a payment related fraud) or otherwise breach our Fair Use Policy. We may also cancel orders where there has been an error in the listing of the good (e.g. an incorrect price, image or description of a good) and/or a stock complication arises.

If we cancel your order, you will be refunded in full to the purchasing account. Prior to any such cancellation, we may contact you and discuss appropriate changes to your order.

You can request to cancel your order (or part of your order) for any reason unless it has already been invoiced by the manufacturer to our dealership. If we are able to successfully process your cancellation request before your order is delivered, you will receive a full refund of any payments you have made for that order. Please note that creating a cancellation request does not guarantee that your order will not be delivered.
Information reliability
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete, or up to date.
Internet viruses
We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a virus, trojan, distributed denial-of-Service attack, or other technologically harmful material that may infect your computer equipment, computer programs, mobile, tablet device, apps, data, or other proprietary material due to your use of our site or to you downloading any content on it, or on any website linked to our site.

Jurisdiction

This Site provides information about Ingham and other products and services Ingham provides or is associated with. Unless expressly stated otherwise, the Site, these Terms of Use and any disputes arising from their use, is governed exclusively by the laws and the courts of New Zealand. You agree to be bound by such laws and irrevocably agree to submit to the jurisdiction of the courts of New Zealand in connection with the interpretation or application of these terms. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Contact Us

If you have any queries in regard to these Terms and Conditions, you can contact us via email or post. Contact details are contained in the Contact Us section of this Site. The registered office of 18 Maniapoto Street, Otorohanga, New Zealand.