Terms and conditions
ISUZU UTES WEBSITE TERMS & CONDITIONS
1.1. In these terms and conditions, unless the context otherwise requires:
"Isuzu Utes" means Isuzu Utes Motors New Zealand Limited and any associated company and the officers and employees there of.
"services" means any services Isuzu Utes may supply through this website from time to time including the My Isuzu Utes services, hosting of customer discussion forums and the online customer inquiry service.
"user" means any person viewing this website, any person registered as a user, including persons registered as a user of My Isuzu Utes, or any person using a service provided through this website; "website" means www.Isuzuutes.co.nz.
2. ACCEPTANCE OF TERMS AND CONDITIONS AND ALTERATIONS
2.1. Isuzu Utes offers the use of this website on these terms and conditions. By using this website or registering as a user you agree to be bound by the current terms and conditions. If you do not wish to accept these terms and conditions, do not use this website or register as a user.
2.2. Isuzu Utes may amend these terms and conditions from time to time. Amendments to these terms and conditions shall be effective from the date they are published on this website. Your continued use of this website shall be deemed to be acceptance of the amended terms and conditions.
2.3. By using this website or registering as a user you agree that this website is intended for viewing within New Zealand. If you use this website from other locations you are responsible for compliance with any and all applicable local laws.
3. REGISTERING AS A USER
3.1. You may only register as a user of this website if you have the capacity to form a legally binding contract. By registering as a user you warrant that you have such capacity.
3.2. By registering as a user and supplying your personal information to Isuzu Utes you warrant that your personal information is complete and accurate. You must maintain your personal information so as to ensure it remains complete and accurate at all times.
3.3. Isuzu Utes may decline to register you as a user or Isuzu Utes may decide to terminate your registration for any reason and without consultation with you.
3.4. It is your responsibility to keep your login information confidential and secure. You must not disclose your login information to any third party.
3.5. You must not register as a user under multiple names or identities.
4. CUSTOMER INQUIRIES
4.1. You agree that Isuzu Utes may retain a record of inquiries you make through this website. Isuzu Utes will make a copy of the inquiry available to you on request.
5. INTELLECTUAL PROPERTY RIGHTS
5.1. All proprietary and intellectual property rights in this website are the property of Isuzu Utes and its licensees or suppliers.
5.2. Unless Isuzu Utes or its licencor or suppliers approves in writing, you are prohibited from reproducing, transmitting or distributing in whole or in part, or in any medium or form, any content contained within this website other than your own material.
5.3. Where any intellectual property rights are created by Isuzu Utes for the purposes of providing services to you, the intellectual property rights shall be the property of Isuzu Utes.
5.4. You agree that any communication or material you transmit to this website or Isuzu Utes will not be treated as confidential or proprietary. Further, you agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, drawings, photographs, video or other materials you transmit to Isuzu Utes may be used by Isuzu Utes without restriction.
6. EXCLUSION OF LIABILITY AND WARRANTIES AND REPRESENTATIONS
6.1. The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon Isuzu Utes which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on Isuzu Utes, Isuzu Utes's liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
6.2. Except as otherwise provided by clause 6.1, Isuzu Utes shall not be liable for any loss or damage of any kind whatsoever arising from your use of this website and the provision of the services by Isuzu Utes to you, including consequential loss whether suffered or incurred by you or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from your use of this website or the provision of the services to you.
6.3. Although the specifications, features, illustrations, equipment and other information contained in the site are based upon up-to-date information, and while Isuzu Utes makes all reasonable efforts to ensure that all material on this website is correct, accuracy cannot be guaranteed and Isuzu Utes makes no warranties or representations as to its accuracy.
6.4. Isuzu Utes makes no representations that the materials contained within this website are appropriate for locations outside New Zealand. Any and all information contained on this website, including but not limited to information regarding automobiles and automobile services, applies only to those automobiles or automobile services provided or offered within New Zealand.
6.5. Although this website may be linked to other websites, Isuzu Utes is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked website, unless specifically stated. By entering this website or registering as a user you agree that Isuzu Utes has not reviewed all the websites linked to this website and is not responsible for the content of any off-site pages or any other website linked to this website. Your linking to any other off-site pages or other websites is at your own risk.
7. OFFENSIVE MATERIAL
7.1. You must not post on this website, or transmit to this website, any pornographic, obscene, profane, defamatory, libelous, threatening, objectionable or unlawful material or other material which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation or be objectionable or in bad taste.
7.2. Isuzu Utes and all parties involved in creating, producing, or delivering this website, assume no responsibility or liability which may arise from the content of this website, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation.
8.1. You indemnify Isuzu Utes and its officers, agents, advisers and employees against any actions, proceedings, losses, damages, liabilities, claims, costs and expenses including fines, penalties, legal and other professional costs on a full indemnity basis that Isuzu Utes or any of its officers, agents, advisers or employees incurs of suffers as a direct or indirect result of a breach of these terms and conditions by you or your use of this website and the services.
8.2. Without limiting the indemnity in clause 8.1, the indemnity in clause 8.1 extends to Isuzu Utes's liability to third parties arising out of your breach of these terms and conditions. The indemnity applies whether or not Isuzu Utes has been negligent or is at fault and does not limit any further rights of Isuzu Utes.
8.3. For the purpose of section 4 of the Contracts (Privacy) Act 1982, the undertakings contained in clauses 8.1 and 8.2 are intended to create a benefit in favour of, and enforceable by, Isuzu Utes's officers, agents, advisers and employees.
9. VIRUS PROTECTION
9.1. It is your responsibility to ensure that your computer has adequate and regularly updated virus protection and Isuzu Utes shall have no liability arising from any infection of your computer howsoever caused.
9.2. Isuzu Utes shall be entitled to reject any electronic communication that contains a virus or malicious code and shall have no liability arising from any such rejection.
10.1. All prices included on this website are in New Zealand dollars. The recommended retail prices are recommended only and there is no obligation for Isuzu Utes Motors New Zealand Ltd or the Isuzu Utes New Zealand dealerships to comply with the recommendation. Prices shown do not include on-road costs, and are exclusive of fitments costs. Prices and specifications are subject to change without notice. Please contact your Isuzu Utes dealer for a confirmed quote.
11.1. Isuzu Utes reserves the right to make changes at any time, without notice or obligation, to any of the information contained on this website and the services, including but not limited to automobile colours, specifications, accessories, models, materials or other product or service features. By entering this website you agree that you shall be bound by any such revisions.
11.2. The manufacturer's suggested retail prices listed on this website include GST, but excludes title, license and registration costs. Actual price may vary.
11.3. Any failure or delay by Isuzu Utes to enforce any breach of these terms and conditions does not constitute a waiver by Isuzu Utes of its rights and remedies under these terms and conditions.
11.4. If any provision of the terms and conditions becomes or is held to be invalid or is unenforceable for any reason it shall be severed from the remaining provisions which shall continue in full force and effect.
ISUZU UTES INMOMENT TERMS & CONDITIONS
- The "Isuzu Utes Survey Sweepstake" Draw (the "Draw") begins at 12:01am on Monday 1st April 2020 and will continue on a 3-month basis until Isuzu Utes New Zealand Ltd discontinues the Draw by publishing an end date for the Draw on its website www.isuzuutes.co.nz (the "Survey Period").
- The giveaway is offered by Isuzu Utes New Zealand, 11 Clemow Drive, Mt Wellington, Auckland, New Zealand (the “Promoter”).
- The draw is open to all Isuzu Utes Customers who are eligible to complete the Survey. Employees of the Promoter, dealers contracted to the Promoter, employees of Isuzu Utes, dealerships, and their immediate families, are not eligible to participate. “Immediate families” means the husband, wife, spouse, parent, siblings, and children (including step parent, sibling and children). The Promoter reserves the right to request proof of an entrant's eligibility in the event that there is a doubt over his/her eligibility for the Promotion.
- Each calendar quarter (January-March, April-June, July-September, October-December) during the survey period a draw will be held and one Isuzu Ute Customer who has completed the full survey, will win an Isuzu Emergency Kit and Isuzu Blanket.
- To enter the draw, customers need to have either purchased a vehicle or had a vehicle serviced at a participating Isuzu Utes Dealer location any time during the Survey Period (“Eligible Purchase”). The customer must have entered the unique survey entry code and completed the survey in its entirety.
- The survey will continue and the giveaway will be conducted quarterly during the Survey Period. Each quarterly giveaway will take place on or after the 7th day after the quarter end.
- The Promoter’s decision on all matters is final and no correspondence will be entered into.
- The Promoter reserves the right to verify the validity of entries and to disqualify any entrant who tampers with the entry process or who submits an entry that is not in accordance with these Terms and Conditions.
- Entrants consent, and waive all rights (including copyright), to the Promoter using the entrant's name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period of time without remuneration for the purpose of promoting this Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
- The Promoter may cancel, terminate, modify or suspend the giveaway or these Terms and Conditions at any time and for any reason before the end of the Survey Period and shall not be liable to any entrant or cap receiver for any loss or damage incurred as a result.
- Any personal information collected about individuals as part of this Promotion will be collected and used in accordance with the privacy principles set out in the Privacy Act 1993.
- Except for liability that may not by law be excluded, the Promoter shall not be liable under or in connection with these Terms and Conditions, this Survey and/or taking the giveaway for any cost, expense, loss or damage suffered by any entrant or Prize winner, even if such cost, expense, loss or damage was reasonably foreseeable, and whether arising from breach of contract, tort, negligence, breach of statutory duty or otherwise.
- Information on how to enter the Survey and the giveaway form part of these Terms and Conditions. Participation in this Survey is deemed acceptance of these Terms and Conditions.
- These Terms and Conditions are governed by New Zealand law and any dispute arising out of or in connection with them will be subject to the exclusive jurisdiction of the New Zealand courts.
Isuzu Custom Graphics – TERMS AND CONDITIONS
- By entering an Isuzu Custom Graphic design to the Isuzu Custom Graphics Gallery you agree to these Competition terms and conditions.
- All submissions to the Isuzu Custom Graphics Gallery will be approved by a representative of Isuzu Utes New Zealand. Images (designs) containing any of the following but not limited to, will not be approved to appear in the Isuzu Custom Graphics Gallery. The representative of Isuzu Utes New Zealand’s decision in final and no other correspondence will be entered into.
2. You agree that, if your submission is shown in the Gallery, your name and design may be used for publicity purposes in all media by Isuzu Ute New Zealand Ltd, without remuneration, and you agree that you must make yourself available for this purpose.
3. The Promoter accepts no responsibility for any incorrect or inaccurate information, either caused by the entrant or for any of the equipment or programming associated with or utilised in this Competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this activity including any interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.
4. By submitting your design to the Isuzu Custom Graphics Design you agree to receive further information regarding Isuzu Utes New Zealand Limited about its products, services, and other offerings (including by electronic message, including email and text message) using the contact details provided by you.
Isuzu Utes New Zealand Ltd reserves the right to change these Terms and Conditions at any time without notice.
Payment Card data Transmission Policy
In this policy, “we”, “us” or “our” refers to Isuzu Utes New Zealand and “you” refers to a purchaser or potential purchaser of a vehicle, accessory or other item via any of our websites.
Security of personal information
Protection of online order information
2. We use non-deprecated versions of Hypertext Transfer Protocol Secure (HTTPS) technology to protect the security of the information you provide to us when submitting an online order. HTTPS technology encrypts the information you input into our website before that information is sent to us.
3. We also apply access controls to information stored on our servers, to ensure that only employees who need personal information to perform a specific role (for example, a customer service representative) are granted access to that personal information.
4. We conduct frequent testing and reviews of our information technology security measures, to ensure these measures remain up-to-date and effective.
5. All payments made through our website are processed securely via ANZ Bank New Zealand’s electronic gateway payment solution, or via the POLi or Stripe payment systems, depending on the payment method you choose.
6. We do not store any credit card information on our servers.
Cancellation, Refund and Return Policy
In this policy, “we” or “us” refers to Isuzu Utes New Zealand and “you” refers to a purchaser or potential purchaser of a vehicle, accessory or other item via any of our websites.
CancellationsChange of mind
1. If you have ordered a vehicle, you can cancel your order and have your deposit refunded by notifying us of the cancellation at any time up until your vehicle has been registered.
2. If you have ordered an accessory or other item (other than a vehicle), you can cancel your order by notifying us at any time up until your order has been processed and dispatched. If you cancel an order in these circumstances, you will receive a full refund of the purchase price paid by you for that item.
3. You can also return an accessory or other item (other than a vehicle, or display, floor-stock or clearance items) within 14 days of your order for that item being processed, provided that item is returned in a new, complete and saleable condition, in the original, unopened packaging ‘as you received it’, and accompanied with proof of purchase. If you return an item in these circumstances, you will receive a full refund of the purchase price paid by you for that item (less any charges for shipping or delivery of that item to you, if that item has been shipped before your cancellation is received by us).
4. We do not accept cancellations or returns due to a change of mind other than in the circumstances described above.
5. If you are not happy with a trade-in valuation you have received for a trade-in vehicle, you may request the cancellation of your corresponding vehicle order and a refund of your deposit paid, by notifying us at any time up until 14 days after the date of payment of your deposit. We will consider in our discretion whether to accept your request for the cancellation of your order and refund of your deposit, but we are not required to do so. We will notify you of the outcome following consideration of your request.
Lack of inventory
6. If your order, whether of a vehicle, accessory or other item, cannot be processed due to lack of inventory of an ordered item and that item is available on back-order, we will notify you of the estimated date that your order will be dispatched. At the time of notification, you may elect by notice to us to cancel your order of that item and receive a refund of any amounts paid by you in respect of that item.
7. If your order, whether of a vehicle, accessory or other item, cannot be processed due to lack of inventory of an ordered item and that item is no longer available, we will notify you of the unavailability, the item will be cancelled from your order, and any amounts paid by you in respect of that item will be refunded.
Defective or incorrect items
8. If you receive an item that is defective or a different item to the one you ordered, please contact us. Subject to your rights under the Consumer Guarantees Act 1993, we will elect (in our discretion) to replace or repair a defective vehicle, or to replace, repair or arrange a refund for a defective accessory or item.
Requesting a cancellation and/or refund
9. To request a cancellation and/or refund, please contact us on 0800 478 986 or at email@example.com.
10. Refunds generally take up to fifteen business days to process. Refunds will be processed, where possible, via the payment method of your initial payment (for example, to your credit card).
11. We will organize the collection and repair or replacement of a vehicle, accessory or other item where the reason for the return of that item is an error that we have made, including supply of a defective item or of a different item to the one you ordered.
12. In all other circumstances, transport, shipping and associated costs to return a vehicle, accessory or item to us are your responsibility. We also will not be responsible for, or be required to provide a refund for, any items which are lost in transit when being shipped by you back to us.
13. For instructions on how to return items from an order, please contact us on 0800 478 986 or at firstname.lastname@example.org. [Note that dealerships will not accept or process returns from online accessory purchases.]
Consumer Guarantees Act 1993
14. The Consumer Guarantees Act 1993 provides for certain consumer guarantees applying to the sale of goods and services. This cancellation, refund and return policy is in addition to, and is not intended to affect or limit, any rights or remedies you may have under the Consumer Guarantees Act 1993.