Terms and Conditions
Last Updated: 2 Feb, 2018
By using this website you are agreeing to the full Terms and Conditions as specified.
If you do not accept all conditions as outlined following and you have an active account with Autoport you must notify us by email that you wish for your account to be closed.
By registering with Autoport as a Buyer of vehicles listed domestically or internationally you are agreeing that:
- you acknowledge that, by displaying vehicles for sale through the System, Autoport is in no way making any representation about a vehicle's quality or availability or its suitability for, or ability to be complied in your country;
- you acknowledge that any information displayed on the System is provided by a third parties and whilst Autoport uses its best endeavours to ensure that these third parties provide accurate information, Autoport cannot be held liable for information provided that proves to be incorrect;
- you are solely responsible for ensuring that any vehicle you Buy through the System can be complied and sold in your country; and
- you will pay all monies due in accordance with directions issued at the various stages when purchasing a vehicle.
By registering with Autoport and listing a vehicle or vehicles for sale on Autoport.nz or any of its services ("the System") you are agreeing that:
- you will only list vehicles for sale that you have full entitlement to sell and are immediately available for sale at the time of listing;
- you will use your best endeavours to describe the vehicle as accurately as possible and not intentionally mislead or attempt to conceal anything from potential Buyers of that vehicle;
- you will load enough original vehicle images to help the buyer make a decision to buy or not. These images will not be placeholder or library images. It is expected that you will load close-up images of any damage; and
- you will maintain your vehicle or vehicles regularly so that any vehicle that becomes no longer available is removed as soon as possible so it cannot be purchased by Buyers.
and when listing a vehicle for sale internationally through the System:
- you will not include in the images of the vehicle or in the details of the vehicle any information that would identify you to a Buyer thereby enabling the Buyer to make direct contact with you;
- you will respond to Offers and Questions in a timely manner. Generally, this means within 1 day however we hope you will respond within a few hours at the most; and
- you understand that all vehicles once sold may go thorough an inspection process that determines if the vehicle is in a condition that is consistent with the information displayed on Autoport.nz when the Buyer made the Offer to purchase it and that should the vehicle be found to be materially different then the Buyer has the option to not continue with the purchase in which case you will be liable for all costs incurred up to that point including but not limited to the costs of the vehicle inspection and the costs of transporting the vehicle to the inspection point.
and when listing a vehicle for sale domestically through the System:
- you understand that your contact details are freely available to Buyers to see who may contact you by either email or any of the phone numbers supplied. These details can be amended by you under the "Profile" menu option should you wish to change them at any time you are logged in.
Access to Autoport.nz and any Services ("the System"):
Autoport will use all reasonable endeavours to ensure the System is available at all times with the understanding that there may be some downtime required for maintenance. Autoport takes no responsibility for any unavailability of the System, or for any loss that is incurred as a result of this System being unavailable. Autoport assumes no responsibility for the loss of any data or information it holds.
Autoport has no liability for any lack of performance, unavailability or failure of the System, or for any failure of Autoport to comply with these Terms and Conditions due to any cause reasonably beyond Autoport's control.
No Waiver of Rights:
By not exercising or enforcing any right available to Autoport under these Terms and Conditions, it does not constitute a waiver of those rights.
If any provision of these terms and conditions 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 and conditions, which shall continue in full force and effect.
These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
Intellectual Property Rights:
Autoport owns all proprietary and intellectual property rights in the System and the software and other material underlying and forming part of the System.
These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.
Standard Promotion or Competition Rules
‘Autoport’ means all companies in the Autoport Group including but not limited to Autoport Ltd, Autoport Japan Ltd and Autoport UK Ltd and all brands and titles and internet sites controlled by or associated with those entities.
The ‘Promoter’ is Autoport.
‘Disqualified Participants’ are:
- all Autoport employees, all employees of participating sponsors or promoters and/or advertising agencies and their Immediate Families;
- all people under the age of 18 years where the prize incorporates air travel or any other element which would be illegal to supply to a person under the age of 18 years; and
- all people who have won a prize in the last 60 days. If they previously won prize was valued at $1,000 or over the winner must stand-down from entering for a period of 6 months.
‘Immediate Families’ include spouses, grandparents, parents, children, and grandchildren, whether by marriage, past marriages, remarriage, adoption, co-habitation or other family extension.
- These Promotion or Competition Rules (‘the Rules’) apply to all Autoport Promotions or Competitions (collectively the ‘Promotion’) conducted. The Rules may change from time to time.
- If a particular Promotion has specific rules or terms (‘the ‘Specific Rules’), those Specific Rules will apply if there is any inconsistency with the Rules.
- Unless otherwise stated in the Specific Rules registration, entry is limited to 1 per person.
- Entry into the Promotion is deemed to be acceptance of the Rules and the Specific Rules and confirmation that the entrant has the necessary authority (for example from the bill payer or owner of a telephone) to enter the Promotion.
- No purchase is necessary to win or participate in the Promotion, unless specified in the Specific Rules.
- The Promotion is open to New Zealand Residents only. Disqualified Participants may not enter in the Promotion.
- Autoport reserves the right to exclude any person from participating in the Promotion on reasonable grounds.
- Autoport reserves the right to refuse to award any prize to an entrant who Autoport decides (in its sole discretion) has violated the Rules (including the Specific Rules), gained unfair advantage in participating in the Promotion or won using fraudulent means.
- By participating, entrants grant Autoport exclusive permission to use their names, characters, photographs, videos, voices and likeness in connection with the Promotion and for future promotion and marketing purposes and waive any claims to royalty, right or remuneration for such use.
- Personal information provided at the time of entry is presumed to be true and, in the case of text or email notification – active, through to and beyond the date of the Promotion’s completion.
- Where the Promotion involves texting, the following apply:
- Standard SMS text charges will apply, unless otherwise stated in the Specific Rules and will depend on the entrant’s particular plan or agreement with their phone service provider;
- Any form of automated text message is invalid;
- The telephone number from which the entry was made will be stored in a database. The entrant has a two-business-day period from the time of entry to request removal from the database. If no request is made it is deemed acceptance that the information can be used for future promotion and marketing purposes; and
- Autoport takes no responsibility for text costs incurred after the Promotion has closed as stipulated in the Specific Rules.
Winning the Prize
- Only the person who originally entered the Promotion can be awarded the prize (the ‘Winner’) and that person must have an active Autoport account.
- The Winner will be determined in the manner set out in the Rules or the Specific Rules – if not specified then as determined by the Promoter who shall for this purpose be deemed the judge (the ‘Judge’).
- The Judge’s determination of the Winner will be final and no correspondence will be entered into.
- The Winner will be notified by email, phone (voice or text) and mail or in person and must be available for the preparation of all publicity that may be required by Autoport. Where attempts to contact the Winner fail (eg when the Winner cannot be contacted by phone after three attempts or mail sent is returned) the Judge will select another winner. If, after successful notification, the prize is not collected within two months of being announced it will be regarded as forfeit. (Note: 3 attempts to contact the Winner will include individual calls to any numbers provided at the time of entry. However, should the prize’s total worth equal less than NZD$250 and be a live-to-air draw, only one failed attempt at contact will be acceptable before the Judge selects another winner.)
- The Prize is not redeemable for cash or transferable. No other family members, friends, office associates or any other person will be able to participate on the Winner’s behalf. In the event that the Prize specified in the Competition becomes unavailable for any reason the Promoter may substitute a prize of like or equal value.
- Where the Winner is required to claim the prize in person, they must provide proper identification (eg driver’s licence, passport, birth certificate).
- The Winner takes the Prize entirely at his/her own risk and indemnifies Autoport in respect of any claim for any accident, injury, property damage or loss of life that may occur in connection with the prize. The Winner is responsible for all insurance, tax or other costs that may be associated with the Prize. Where the Prize has associated terms and conditions the Winner accepts the Prize subject to those terms and conditions and restrictions.
- Where the Prize includes air travel and/or accommodation, either international or domestic (the ‘Travel Prize’):
- the Winner MUST have valid documentation, including but not limited to valid passports and Visas, which meet the requirements of immigration
and other government authorities at every destination.
- Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities (including any costs associated with delay, will be the sole responsibility of the Winner).
- When the Travel Prize includes travel to or through the United States, it is the Winner’s responsibility when travelling into or through (transiting included) the United States under the Visa Waiver Program to apply for an Electronic System for Travel Authorisation (ESTA) no later than 72 hours prior to departure if required. The winner must visit the US Department of Homeland Security website and fill in the required information. The cost of the ESTA is the sole responsibility of the Winner.
- The Winner and their travelling companion (if applicable) must travel together at all times. The Winner is responsible for transport from their residence to their nearest international airport for flight departure and from their nearest international airport to their residence upon returning to New Zealand.
- Flight tickets are available on the regular scheduled services of each airline and are subject to seasonal embargos. The flight itinerary may have to be adjusted depending on the airline's departure city and their current flight schedule. Unless otherwise specified, the air travel is economy class.
- Any changes to travel dates or additional accommodation outside the travel period specified in the Travel Prize details, made by the winner, which incur additional costs, are to be paid by the Travel Prize winner.
- Unless explicitly stated in the Specific Rules, the Winner will be responsible for expenses. The Winner must obtain travel insurance to protect themselves against additional costs incurred in the event of unforeseen circumstances.
- The Travel Prize is not transferable or exchangeable and cannot be redeemed for cash. The Travel Prize must be taken as stated in the Specific Rules and no compensation will be payable if the Winner is unable to use the Travel Prize as stated. For the avoidance of doubt, if the Winner is, for whatever reason, unable to travel on a nominated date during this period, whether the failure was due to reasons beyond the Winner's control or otherwise, then the Winner will forfeit the Travel Prize.
- The Promoter makes no representation as to safety, conditions and other issues that may exist at any destination. International travel advice can be obtained from various sources, including government, local consular offices and the web site of the New Zealand Ministry of Foreign Affairs and Trade. The winner accepts the Travel Prize at their own risk.
- All travel is subject to the terms, conditions and restrictions of the Travel Prize service providers. Any travelling companion included in the Travel Prize (if applicable) accepts the Travel Prize subject to these terms, conditions and restrictions as if references to the Winner in the relevant clauses were to the travelling companion. The Winner and their travelling companion must sign a legal release, in a form acceptable to the Promoter in its absolute discretion, if requested by the Promoter.
- the Winner MUST have valid documentation, including but not limited to valid passports and Visas, which meet the requirements of immigration and other government authorities at every destination.
- Autoport reserves the right to amend, vary, extend or discontinue a Promotion at any stage, for any reason.
- Autoport takes no responsibility for any inability to enter, complete, continue or conclude the Promotion due to equipment or technical malfunction, busy lines, inadvertent disconnection, texts with a misspelt keyword, texts to an incorrect code, Force Majeure or otherwise.
- To the fullest extent permitted by law Autoport will not be liable for any loss or damage whatsoever (including but not limited to direct or consequential loss) or for personal injury as a result of Promotion entry or winning the prize.
- Where the Prize is to be supplied by an entity outside Autoport control and that entity fails, for whatever reason, to supply the prize, Autoport has no responsibility for the provision of the Prize and is not obliged to provide an alternative Prize or to take legal action to require the Prize supplier to provide the Prize.
- Participation in the Promotion is deemed acceptance of these Terms and Conditions.
- If the Winner does not accept these Terms and Conditions the prize will be forfeited.