KW WEBSITE TERMS OF USE

This Website (kwmotors.co.nz) is owned and operated by Keith Weir Importers and Exporters Limited.

1. Terms and Conditions

By accessing and using the Website you agree that you have read, understood and are bound by these Terms of Use. If you do not accept these Terms of Use you should not use or browse the Website.

We may modify, amend or otherwise update these Terms of Use in whole or part from time to time, with or without notice, by posting the updated Terms of Use on the Website with the effective date of change at the bottom of the page. You agree to check the Terms of Use regularly and to be bound by such Terms of Use that are in effect at the time you access the Website. By continuing to use the Website you agree to be bound by the updated Terms of Use.

2. Intellectual Property Rights

All material on the website, including but not limited to text, logos, images, designs, graphics, videos, layout, colour scheme and software is owned by Keith Weir Importers and Exporters Limited and subject to intellectual property protection (registered and unregistered), and proprietary rights.

You are not allowed to copy, reproduce, display, publish, upload, post, transmit, store or modify, in whole or part, any of the content including but not limited to text, graphic, audio or video without obtaining our prior written consent.

3. Unauthorised Use

You agree to comply with all applicable laws of New Zealand and these Terms of Use at all times while using and browsing the Website.

You agree to not:

• make any attempt to gain unauthorised access to any portion or feature of the Website, or obtain any material, information or document through unauthorised and illegal means, including but not limited to hacking and password mining;
• use or upload any software viruses or other computer codes, files or programmes designed to limit, interrupt or destroy the functionality of any computer software or hardware, or the Website;
• use the Website in an unauthorised and/or unlawful manner that could damage, disable, overburden or impair the Website; and
• use unauthorised scripts to collect information from the Website.

4. Privacy and Security

Where you are required to register or login on any part of the Website you may be asked for your name, physical address, email address, contact phone number(s), and vehicle details etc. We advise you to keep your username and password secure and confidential at all times because it allows you online access to your personal information and vehicle details.

We advise you to take reasonable care to:

• choose a password that is only known to you and should not relate to readily available personal data such as your name, birth date, address, telephone number or license plate;
• not disclosure your password to anyone;
• log out of your account after use especially if you are using a shared computer or mobile device; and
• change your password at regular intervals.

If you have reason to believe that there has been any unauthorised use or the security of your account has been compromised you must immediately change your password and notify us.

You are responsible for maintaining the security of your account and all activity which occurs on or through your account.

We shall bear no liability for any unauthorised use, interception or hacking of data on your account.

5. Cookies

The Website uses cookies (small files temporarily installed on your hard drive) to collect information to analyse and keep track of the characteristics and preferences of the Website user for the purposes of making improvements to the Website.

The information collected using cookies is limited to non-personal information such as:

• internet domain and IP address from which the Website is being accessed;
• information on the browser and operating system being used;
• information on whether you accessed the Website directly or via a link from another website, and if so the address of the website;
• date and time the Website is accessed; and
• the pages accessed and the nature of the activity performed on the Website.

By accessing and using the Website, you consent to our collection and use of the information from cookies. If you choose not to accept our use of cookies, you may de-activate cookies by following the instructions on your browser.

6. Exclusion of Liability

This Website may contain links and references to websites owned and maintained by other organisations. We do not endorse or assume any responsibility for the content displayed, or products or services offered any of these other website(s).

You acknowledge that any information or detail you provide electronically through your access or usage of this Website is not confidential or proprietary, and acknowledge that unprotected communication over the Internet may be subject to possible interception, alteration or loss. You acknowledge and agree that Internet transmissions are never entirely secure or private, and that any message or information you send to or through the Website may be read or intercepted by others. We shall bear no liability for any interception of data through the Website by unauthorised third parties.

We may update the information on the Website from time to time. In doing so, we do not represent or warrant that the information, services or material available on or accessible through the Website is up-to-date, accurate, complete, free of viruses or that any such issue(s) will be corrected immediately upon discovery. We also do not represent or warrant the functionality of the Website, its suitability for use, or that its use will be uninterrupted.

This Website including all its content, features and services are provided on an “as is” and “as available” basis without warranty of any kind, express or implied. We assume no liability for loss or damage, direct or indirect, special or consequential, arising from or caused by the use of or inability to use the Website, errors or omissions in the content, material or services available on the Website including but not limited to any inaccuracies or non-compliance with respect to any representation, illustration, specifications, service features or any other information.

7. Indemnity

You agree to indemnify and hold us harmless from and against all actions, claims, liabilities, demands, costs (including legal costs and expenses), losses and damage suffered or incurred by us to any person arising out of or in connection with your failure to comply with these Terms of Use or any content you post, upload, transmit, link or make available on the Website.

8. Rights and Remedies

You agree to comply with all applicable laws and these Terms of Use at all times when accessing the Website.

In the event that you breach any of the Terms of Use, we may (without limiting our rights or remedies):

• issue a warning notice;
• warn other users of your actions;
• suspend or terminate your access to the Website;
• deactivate or terminate your account; and
• cooperate with law enforcement agencies and comply with Court Orders directing us to disclose the identity of the person or entity engaging in activities in breach of the applicable laws of New Zealand and/or these Terms of Use.

9. Governing Law

The use of this Website and these Terms of Use are governed by the laws of New Zealand. You irrevocably submit to the exclusive jurisdiction of the Courts of New Zealand.