Terms and Conditions applicable to a customer of Product using Auto Chain

These terms and conditions are the contract between you and Auto Chain (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them. Our suppliers may also impose additional terms and conditions to which your contract with them will be subject. We may vary our terms and conditions at any time without notice and, if we do, we will provide an updated version of our terms and conditions on Our Website.

Auto Chain is a trade name of Auto Chain Group Limited, 6329308, whose address is at Suite 8718, 17B Farnham Street, Parnell 1052, Auckland. We can be contacted by post at the stated address or by email at info@autochain.co.nz

Under 18 years? Sorry, but we deal only with people who are legally able to enter into a binding contract. Please ask someone over 18 to buy your Product on your behalf. Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website and stop using Our Website or the services immediately. These Terms and Conditions were last updated on 29/05/2018.


  1. Definitions

    “Content”

    means the textual, visual or audio content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.

    "Post"

    means display, exhibit, publish, distribute, transmit and/or disclose information, details and/or other material on Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.

    “Quote”

    means quotes provided for automotive parts offered for sale by a Supplier through Our Website.

    “Product”

    means all of the automotive parts offered for sale through Our Website by a Supplier.

    “Supplier”

    means a person who provide quotes for automotive parts through Our Website.

    “Our Website”

    means any website of ours and includes all web pages controlled by us.

    “User”

    means any person other than you who uses or visits the website for any purpose.

    "you” “yours” etc,

    means you, the party to this agreement.


  2. Our contract
  3. Auto Chain is neither a buyer nor provider of the Product. We are neither a principal nor agent in a buying transaction.

    Auto Chain is an online marketplace. We are agents of a Supplier only to the extent of use of Our Website as a platform to provide quotes for his Product

    We welcome any comment or complaint about a Supplier, which you make through Our Website. We may act upon a complaint in our discretion, for the benefit of the body of Auto Chain members

    We are not responsible for supply of any Product you order or for the cancellation and refund procedure should you decide to cancel the purchase a Product for any reason

    We do not endorse or recommend any of the Supplier who are listed on Our Website.

    These terms and conditions regulate the business relationship between you and us. By using Our Website free of charge, you agree to be bound by them.

    We provide a platform for the request of automotive parts to the Suppliers who are listed on Our Website. We are in no way responsible for:

    1. Your choice of accepting a Quote
    2. Any aspect of the provision of the Product
    3. The Product provided by any Supplier for any reason
    4. The Quote being honoured by the Supplier
    5. The quality of the Product provided to you by any Supplier
    6. Refund payment for any Product
    7. Any complaint about any Product

    We will not be liable in any way for any Product failure provided by any Supplier for any reason.

    In any dispute with a Supplier, you should deal only with the Supplier. We have neither legal obligation nor detailed information about the Product

    We may change this agreement in any way at any time. The version applicable to your contract is the version which was Posted on Our Website at the time that the contract was made

  4. Your account and personal information

    When you visit Our Website, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner

    You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate

    You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account

  5. Our Website service to you
  6. Auto Chain is an online platform which connects you to Suppliers registered with Our Website

    You can make a request for a Product on Our Website by registering as a user and following through the Product request procedure.

    You will need to accurately provide Our Website with your personal details, vehicle details and description of automotive parts you require.

    We will send your request to the Suppliers.

    Products may be offered for sale subject to any discount or promotion arranged between Auto Chain and the Supplier

    Subject to discounts and promotions, Product are offered at a price which you can choose to accept through acceptance of the Quote. GST and freight may be due and will be shown separately

    While we will do our best, we do not guarantee that we will be able to match your Product request with a Supplier or that there are Suppliers that are willing to provide Quote for your request

    Unless it is clear to the contrary, you may assume that every Quote is made by the Supplier in the course of his business

    Neither we nor the Supplier can be responsible for action by any governmental authority. We do not know and are not responsible for duties, taxes, delays or impounding of any item.

    To make future use of Our Website easier and faster for you, we will retain the personal information you give to us. We will not retain information relating to your payment or credit card. This financial information never comes into our control. The information is given into a page which is in reality a page of our payment service provider. For detailed about disclosure of personal information please see our privacy policy.

    We are continually seeking to develop and improve the services we offer on Our website and so we reserve the right, at our absolute discretion, to make changes to any part of Auto Chain service without notice.

  7. Security of your credit card

  8. We take care to make Our Website safe for you to use

    Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment

  9. How we handle your Content
  10. Our privacy policy is strong and precise. It complies fully with current law.

    You are solely responsible for all Content Posted by you for inclusion on or transmission via Our Website

    Any Content Posted by you through Our Website will be considered as having been voluntarily submitted by you for use by Auto Chain without any restriction or prior notice to you and is not confidential

    Any Content Posted by you to any public area of Our Website becomes available in the public domains. We have no control who sees it or what anyone does with it.

    Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.

    By Posting Content to Our Website you are granting us a royalty-free, non-exclusive licence to use, reproduce, modify, translate, make available and distribute the Content on or through Our Website and irrevocably grant Auto Chain the right to publish the name you use to Post the Content for the purpose of operating Our Website.

    We will use that licence for commercial or non-commercial purposes and without any compensation to any person or entity

    You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1994 as amended

    You acknowledge your understanding that if you Post Content about your experience with a Supplier on Our Website, we may also publish that Supplier’s response to your post on Our Website and that such response will be visible to other users of Our Website.

    Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.

    You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.

    You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential

    Please notify us of any security breach or unauthorised use of your account.

  11. Restrictions on what you may Post to Our Website
  12. We invite you to Post Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and our staff, to protect other Users of Our Website and to comply with the law. These provisions apply to all Users of Our Website.

    We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.

    You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:

    1. Be unlawful, or tend to incite another person to commit a crime
    2. Consist in commercial audio, video or music files
    3. Be obscene, offensive, threatening, violent, malicious or defamatory
    4. Be sexually explicit or pornographic
    5. Be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person
    6. Use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement;
    7. Request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself
    8. Be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;
    9. Include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
    10. Facilitate the provision of unauthorised copies of another person's copyright work;
    11. Link to any of the material specified in this paragraph
    12. Use distribution lists that include people who have not given specific permission to be included in such distribution process
    13. Send age-inappropriate communications or Content to anyone under the age of 18.
  13. Your Posting: restricted content
  14. In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

    In addition to the restrictions set out above, a Posting must not contain

    1. Hyperlinks, other than those specifically authorised by us.
    2. Keywords or words repeated, which are irrelevant to the Content Posted
    3. The name, logo or trademark of any organisation other than yours
    4. Inaccurate, false, or misleading information
    5. Material or links to material that exploits people in sexual, violent or other manner, or solicits personal information from anyone under 18 years old.
  15. Removal of offensive Content
    1. For the avoidance of doubt, this paragraph is addressed to any person who visits Our Website for any purpose.
    2. We are under no obligation to monitor or record the activity of any User of Our Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason
    3. If you are offended by any Content, the following procedure applies:
    4. Your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email
    5. We shall remove the offending Content as soon as we are reasonably able;
    6. After we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
    7. We may re-instate the Content about which you have complained, or we may not.
    8. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
    9. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any
  16. Security of Our Website
    1. If you violate Our Website we shall take legal action against you. You now agree that you will not, and will not allow any other person to:

    2. Modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it
    3. Link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a User who accessed the site by typing the URL into a standard browser
    4. Download any part of Our Website, without our express written consent
    5. Collect or use any product listings, descriptions, or prices
    6. Collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
    7. Aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the services
    8. Share with a third party any login credentials to Our Website
    9. Despite the above terms, we now grant a licence to you to
    1. Create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
    2. You may copy the text of any page for your personal use in connection with the purpose of Our Website or a service we provide.
  17. Termination of your account
  18. We may suspend or cancel your access to Our Website and our agreement with you at any time and at our sole discretion

    1. If you breach any term of this agreement
    2. If you are alleged to have acted in a way which is or could be detrimental to our service or reputation
  19. Copyright and other intellectual property rights
  20. You may not copy, or in any way exploit any of the content, except as is expressly permitted in this agreement or with our written consent. For the sake of good order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.

    By using Our Website you acknowledge and agree that we collect aggregated and anonymised data concerning usage of Our Website

    You agree that all intellectual property rights and other rights in such data shall belong to Auto Chain and we may use this data for any purpose whatsoever.

    However, this data will not include any information from which you can be identified.

  21. Interruption to the Auto Chain service
    1. We give no warranty that our service will be satisfactory to you.
    2. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other reason. We may do so without telling you first
    3. You acknowledge that our service may also be interrupted for reasons beyond our control
    4. You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to Auto Chain service
  22. Your indemnity to us

    You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of:

    1. Your use of the Auto Chain service
    2. The breach or violation of this agreement by you;
    3. The infringement by you of any intellectual property or other right of any person or entity;
    4. Your failure to comply with any law
    5. A contractual claim arising from your use of Our Website and purchase of Products
  23. Our disclaimers

    Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.

    We are not liable in any circumstances for special, indirect, consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website

    The Auto Chain Website and Auto Chain services are provided “as is”. We make no representation or warranty of any kind, express or implied, including, without limitation, any warranty that either of them will be:

    1. of satisfactory quality
    2. Fit for a particular purpose
    3. Available or accessible, without interruption, or without error.
  24. Disclaimers about the Products

    All of the Content on Our Website relating to any Products has been provided by a Supplier. We do not accept responsibility for the accuracy of any claim or advertisement

    We make no representation, warranty or other provision with regard to the Products and you acknowledge that you do not rely on any made by us, but solely on your contract with a Supplier.

    So far as concerns Products you purchase through Our Website, we are not liable for:

    1. Any Products complying with the requirement of any law or being available
    2. The Supplier performing his contract

    We give no warranty, representation or undertaking whatever as to the continuing business of a Supplier or that any Products offered for sale by a Supplier will be useful or suitable for you

    You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a Supplier

  25. Miscellaneous matters

    If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms

    For the purposes of the Privacy Act 1993 as amended you consent to the processing of your personal data (in manual, electronic or any other form) relevant to this agreement, by us and/or any agent or third party nominated by us and bound by a duty of confidentiality. Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country in any part of the World.

    If you are in breach of any term of this agreement, we may:

    1. Publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
    2. Remove or edit Content, or cancel any order at our discretion
    3. Issue a claim in any court.

    Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue

    No failure or delay by us to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

    When you visit Our Website or send messages to us by email, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on Our Website. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.

    Any communication to be served on either of the Parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.

    It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 72 hours of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. Take care before agreeing to accept service by e-mail. It may be convenient, but you could miss or accidentally delete the message.

    1. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
    2. This agreement does not give any right to any third party
    3. We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control, including any labour dispute.
    4. In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
    5. The validity, construction and performance of this agreement shall be governed by the laws of New Zealand.
Terms and Conditions applicable to a supplier of automotive parts using Auto Chain


These terms and conditions are the contract between you and Auto Chain ("us", "we", etc). By visiting or using Our Website, you agree to be bound by them.

Auto Chain is a trade name of Auto Chain Group Limited, 6329308, whose address is at Suite 8718, 17B Farnham Street, Parnell 1052, Auckland. We can be contacted by post at the stated address or by email at info@autochain.co.nz

Under 18 years? Sorry, but we deal only with people who are legally able to enter into a binding contract

Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website and stop using Our Website or the services immediately.

These Terms and Conditions were last updated on 29/05/2018.


  1. Definitions

    “Content”

    Means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content such as advertising material, and all other product or service related material Posted by you.

    "Post"

    Means place on or into Our Website any Content or material of any sort by any means.

    “Quote”

    Means quotes provided for automotive parts offered for sale by you through Our Website.

    “Supplier”

    Means you, a person or organisation who has registered on Our Website with an interest in providing quotes for automotive parts offered for sale through Our Website.

    “Product" and "Your Product”

    Mean the automotive parts you offer for sale through Our Website.

    “"Our Service"”

    Means the service we provide to enable you to offer Your Product here.

    “Our Website”

    Means any website of ours, and includes all web pages controlled by us.

    1. The relationship between us is solely that:
      1. In consideration of subscription and commission fees charged by us, we provide for you an online platform as an arms length contractor;
      2. We are not your partners or joint venturers.
    2. If you offer a Product for sale by placing a Quote through Our Website, you do so subject to these terms.
    3. In order to place a Quote, you will be asked to register with us and provide certain information about your business.
    4. You must ensure that the information provided by you is correct, complete and not misleading
    5. You should also inform us promptly of any changes to the information that you provide, by updating your details, in order that we may communicate with you effectively
    6. We may change this agreement in any way at any time. The version applicable to your contract is the version which was Posted on Our Website at the time that the contract was made.
    7. Although we are not a party to your contract with a customer introduced to you via Our Website, we shall ceased your use of Our Service if a customer or site visitor has a valid complaint against you
    8. Subject to this agreement and to the procedures set out in Our Website, you may offer a Product for sale by submitting a Quote on Our Website
  2. Our contract
    1. When you visit Our Website, you accept responsibility for any action done by any person using your name, account or password.
    2. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
    3. You agree that you have provided accurate, up to date, and complete information about your business. We are not responsible for any error made as a result of such information being inaccurate
    4. You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account
  3. Your business account and information

    The relationship between us is solely that:

    1. In consideration of subscription and commission fees charged by us, we provide for you an online platform as an arms length contractor;
    2. We are not your partners or joint venturers

    If you offer a Product for sale by placing a Quote through Our Website, you do so subject to these terms.

    In order to place a Quote, you will be asked to register with us and provide certain information about your business.

    You must ensure that the information provided by you is correct, complete and not misleading

    You should also inform us promptly of any changes to the information that you provide, by updating your details, in order that we may communicate with you effectively

    We may change this agreement in any way at any time. The version applicable to your contract is the version which was Posted on Our Website at the time that the contract was made

    Although we are not a party to your contract with a customer introduced to you via Our Website, we shall ceased your use of Our Service if a customer or site visitor has a valid complaint against you.

    Subject to this agreement and to the procedures set out in Our Website, you may offer a Product for sale by submitting a Quote on Our Website.

  1. Your business account and information

    When you visit Our Website, you accept responsibility for any action done by any person using your name, account or password

    You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

    You agree that you have provided accurate, up to date, and complete information about your business. We are not responsible for any error made as a result of such information being inaccurate.

    You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.

  2. Our Website service to you

    Auto Chain is an online platform which connects you to customers registered with Our Website.

    We will send you automotive parts requests by customers registered on Our Website.

    You will only provide Quote to customers request that are accurate, current, complete and include all relevant information about warranty, terms and/or payment terms

    You will only provide a quote for the request if you can fulfil the request.

    Auto Chain is not responsible for the fulfilment of your contract to sell a Product.

    You agree that a Quote offered by you is a firm and binding contract as soon as your Quote has been accepted by a customer

    Products may be offered for sale subject to any discount or promotion arranged between us and you.

    Subject to discounts and promotions, Products are offered for sale at a price and will be binding upon the acceptance of the Quote by a customer. GST may be due and will be excluded in the price if applicable.

    Products will be offered for sale and sales made, subject to the terms and conditions applicable to customers. You accept and endorse these terms and agree to comply in all respects with the corresponding obligations of a Supplier. You may view the customer's conditions on Our Website at any time

    You agree that you will only use any information concerning any customers which you obtain via Our Website, for verification of the details, contacting the customer for clarification, and for fulling the Product delivery if your Quote has been accepted

    You also agree to keep any such information secure and to comply with all applicable laws concerning privacy and data protection in relation to your use of that information.

    We are continually seeking to develop and improve the services we offer on Our website and so we reserve the right, at our absolute discretion, to make changes to any part of Auto Chain service without notice

  3. Feedback

    You acknowledge and agree that customers who have received your Product will be able to provide feedback.

    While we have asked all customers to act responsibly, we do not actively monitor, check or verify feedback which is posted

    Accordingly, you acknowledge and agree that Auto Chain shall not have any responsibility to you or liability to you for any feedback which is posted by any customer.

    You may if you feel that the feedback is misleading or libellous, contact us and we will investigate but we shall not be obligated to take any action.

  4. Our subscription and commission fees

    We provide Our Service to you, subject to these terms and the requirements we set out on Our Website from time to time

    Subscription and commission fees specified in Our Website are in New Zealand Dollars and exclusive of GST. Fees are as set out in Schedule

    Our subscription fees to be paid monthly and non-refundable irrespective of whether you have received any request.

    You irrevocably authorise us to renew your subscription automatically every month and that the fee will be automatically charged to you, unless you have notified us before the renewal date that you do not wish to renew your subscription.

  5. Our commissions are payable based on the following conditions
    1. If a customer pays through the platform, the commission fee is automatically deducted from the payment.
    2. If a customer does not pay through the site, the commission fee is payable upon the acceptance and completion of a Quote requested by a customer. Our commission fees are to be paid monthly.
    3. By the 20th of the month following the date of invoice;
    4. Electronically in cleared funds without any set off or deduction

      You authorise us to collect all such payments immediately on the date they become due

      In the event that we are unable to collect the subscription and commission fees from your designated payment method, or (where applicable) you have failed to pay any invoice submitted by us by the due date, then Auto Chain reserve the right to take action against you to recover outstanding debt.

      You are liable for all expenses (including but not limited to court costs, legal fees, collection agency fees and a $40 administrative fee) that Auto Chain incurs in collecting that debt.

      We may charge interest on overdue amounts. Interest will be calculated from the due date to the date of payment (both inclusive) at an annual percentage rate equal to the corporate overdraft reference rate (monthly charging cycle) applied by our primary trading bank as at the due date (or, if our primary trading bank ceases to quote that rate, then the rate which in the opinion of the bank is equivalent to that rate in respect of similar overdraft accommodation expressed as a percentage) plus 2% per annum.

      Where our commission is based on a percentage of the accepted Quote value which includes freight and GST , you may not reduce the Quote offered to the customers in order to reduce our commission. If we believe that you do so, we may immediately cease to deal with you and terminate your account

      All fees and commissions charge by Auto Chain are to be considered a business cost and are not to be passed on directly to the customers. If we believe that you do so, we may immediately cease to deal with you and terminate your account.

      We may increase the fees by giving at least 30 days’ notice. If you do not wish to pay the increased fees, you may terminate these Terms and Conditions and your right to access and use of Our Service on no less than 10 days’ notice, provided the notice is received by us before the effective date of the fee increase. If you do not terminate these Terms and Conditions and your right to access and use of Our Service in accordance with this clause, you are deemed to have accepted the increased fees.

  6. How we handle your Content

    If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control who sees it or what anyone does with it.

    You now irrevocably authorise us to publish feedback, comments and ratings about Your Product and your activity through Our Website, even though it may be defamatory or critical

    We will use that licence for commercial or non-commercial purposes and without any compensation to any person or entity

    You acknowledge your understanding that customers are able to post their experience about Your Product and your activity and you can response to the post on Our Website and that such response will be visible to other users of Our Website.

    Posting Content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.

    You understand that you are personally responsible for your breach of someone else's intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.

    You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.

    Please notify us of any security breach or unauthorised use of your account.

  7. Restrictions on what you may Post to Our Website

    We invite you to Post Content to Our Website for marketing your services and in other ways. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law.

    We do not undertake to moderate or check any item Posted.You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:

    1. Be unlawful, or tend to incite another person to commit a crime
    2. Be obscene, offensive, threatening, violent, malicious or defamatory
    3. Be sexually explicit or pornographic
    4. Be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
    5. Use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement.
  8. Your Posting: restricted Content

    In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.In addition to the restrictions set out above, a Posting must not contain

    1. Hyperlinks, other than those specifically authorised by us;
    2. Keywords or words repeated, which are irrelevant to the Content Posted.
    3. The name, logo or trademark of any organisation other than yours
    4. Inaccurate, false, or misleading information
    5. Material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18 years old.
  9. Removal of offensive Content
    1. For the avoidance of doubt, this paragraph is addressed to any person who visits Our Website for any purpose.
    2. We are under no obligation to monitor or record the activity of any User of Our Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
    3. If you are offended by any Content, the following procedure applies
    4. Your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email
      1. We shall remove the offending Content as soon as we are reasonably able
      2. After we receive notice of a claim or complaint, we shall investigate so far as we alone decide
      3. We may re-instate the Content about which you have complained or we may not.
    5. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit
    6. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
  10. Security of Our Website

    If you violate Our Website we shall take legal action against you.You now agree that you will not, and will not allow any other person to:

    1. Modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it
    2. Link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
    3. Download any part of Our Website, without our express written consent;
    4. Collect or use any service listings, descriptions, or prices
    5. Collect or use any information obtained from or about Our Website or the Content except as intended by this agreement
    6. Aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Services
    7. Share with a third party any login credentials to Our Website.
    8. Despite the above terms, we now grant a licence to you to:
      1. Create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
      2. You may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide
  11. Termination of your account
    1. We may suspend or cancel your access to Our Website and our agreement with you at any time and at our sole discretion
    2. If you breach any term of this agreement
    3. If you are alleged to have acted in a way which is or could be detrimental to our service or reputation.
    4. Subscription fee is not refundable upon termination of your account.
  12. Copyright and other intellectual property rights
    1. All Content on Our Website, for example page text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of either us or our affiliates or suppliers of services for sale. It is all protected by international copyright laws.
    2. You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement or with our written consent
    3. For the sake of good order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.
    4. By using Our Website you acknowledge and agree that we collect aggregated and anonymised data concerning usage of Our Website.
    5. You agree that all intellectual property rights and other rights in such data shall belong to Auto Chain and we may use this data for any purpose whatsoever
    6. However, this data will not include any information from which you can be identified.
  13. Interruption to Our Service
    1. We give no warranty that Our Service will be satisfactory to you
    2. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of Our Service for repairs, maintenance or other good reasons. We may do so without telling you first.
    3. You acknowledge that Our Service may also be interrupted for reasons beyond our control
    4. You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to Our Service.
  14. Your indemnity to us

    You agree to indemnify us against all loss and expense, including legal fees and management time related in any way to:

    1. A claim by any person in respect of any Product
    2. Protecting the reputation of our business by our making a payment to a customer of yours in circumstances where you have failed to make that repayment or otherwise comply with your contract with that customer
    3. Any cost to us arising from a decision by us to comply as your agent, with any obligation of yours, whether or not we have your permission, arising out of any regulation or law, including
      1. The deletion or amendment of any text or other content you have placed on Our Website;
      2. Any payment we make on an ex gratia basis, arising from a contract between you and a customer;
    4. Legal or other fees we incur in defending a claim or the imposition of a fine or penalty;
    5. Our management time in dealing with any failure or alleged failure by you to comply with any relevant regulation or law.
  15. Our disclaimers
    1. We are not responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss whatever.
    2. We do not provide any guarantee that registering with Our Website will result in you being selected for any automotive parts request or any particular volumes of automotive parts request.
    3. We do not verify the details of the customer automotive parts request which are send to you from Our Website
    4. Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.
    5. We are not liable in any circumstances for damages resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website.
    6. Auto Chain website and Auto Chain services are provided "as is". As to Our Website and Our Services, we make no representation or warranty of any kind, express or implied, including, without limitations, warranties:
      1. As to fitness of Our Website and Our Service for a particular purpose;
      2. As to availability and accessibility, without interruption, or without error;
      3. Any obligation, liability, or remedy in tort whether or not arising from our negligence
      4. You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a customer.
  16. Miscellaneous matters
    1. You undertake to provide us your current land address, e-mail address, telephone and fax numbers as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.
    2. So far as any time, date or period is mentioned in this agreement, time shall be of the essence.
    3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms
    4. For the purposes of the Privacy Act 1993 as amended you agree to the processing of your personal data (in manual, electronic or any other form) relevant to this agreement, by us and/or any agent or third party nominated by us and bound by a duty of confidentiality. Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country in any part of the World.
    5. If you are in breach of any term of this agreement, we may:
      1. Publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
      2. Remove or edit Content, or cancel any order at our discretion
      3. Issue a claim in any court.
    1. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue
    2. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future
    3. When you visit Our Website or send messages to us by email, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on Our Website. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
    4. Any communication to be served on either of us by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
    5. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 72 hours of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. Take care before agreeing to accept service by e-mail. It may be convenient, but you could miss or accidentally delete the message.

    6. In the event of a dispute between us, then, if we so ask, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation
    7. This agreement does not give any right to any third party
    8. We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control, including any labour dispute.
    9. In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
    10. The validity, construction and performance of this agreement shall be governed by the laws of New Zealand

    Schedule 1: Fees

    The subscription and commission fees in New Zealand Dollars (NZD) are set out in the below table:

    Fee type Fee
    Monthly subscription Free use until further notice
    Commission per accepted Quote and calculated against the sum of selected Product price, freight charge and GST. 8%

Privacy policy

 

Introduction

“Auto Chain” trading as (we, us, our) complies with the New Zealand Privacy Act 1993 (the Act) when dealing with personal information.  Personal information is information about an identifiable individual (a natural person).

This policy sets out how we will collect, use, disclose and protect your personal information.

This policy does not limit or exclude any of your rights under the Act.  If you wish to seek further information on the Act, see www.privacy.org.nz.

 

Changes to this policy

We may change this policy by uploading a revised policy onto the website.  The change will apply from the date that we upload the revised policy.

This policy was last updated on 29/05/2018.

 

Who do we collect your personal and business information from

We collect personal and business information about you from:

?         you, when you provide that personal information to us, including via the website and any related service, through any registration or subscription process, through any contact with us (e.g. telephone call or email), or when you buy or use our services and products

?         third parties where you have authorised this or the information is publicly available. 

If possible, we will collect personal and business information from you directly. 

 

How we use your personal and business information

We will use your personal and business information:

?         to verify your identity

?         to provide services and products to you including providing supplier your information

?         to market our services and products to you, including contacting you electronically (e.g. by text or email for this purpose)

?         to improve the services and products that we provide to you

?         to undertake credit checks of you (if necessary)

?         to bill you and to collect money that you owe us, including authorising and processing credit card transactions

?         to respond to communications from you, including a complaint

?         to conduct research and statistical analysis (on an anonymised basis)

?         to protect and/or enforce our legal rights and interests, including defending any claim

?         for any other purpose authorised by you or the Act.

 

Disclosing your personal information

We may disclose your personal information to:

?         any business that supports our services and products, including any person that hosts or maintains any underlying IT system or data centre that we use to provide the website or other services and products

?         a credit reference agency for the purpose of credit checking you

?         other third parties (for anonymised statistical information)

?         a person who can require us to supply your personal information (e.g. a regulatory authority)

?         any other person authorised by the Act or another law (e.g. a law enforcement agency)

?         any other person authorised by you.

A business that supports our services and products may be located outside New Zealand.  This may mean your personal information is held and processed outside New Zealand.  

 

Protecting your personal information

We will take reasonable steps to keep your personal information safe from loss, unauthorised activity, or other misuse.

 

Accessing and correcting your personal information

Subject to certain grounds for refusal set out in the Act, you have the right to access your readily retrievable personal information that we hold and to request a correction to your personal information.  Before you exercise this right, we will need evidence to confirm that you are the individual to whom the personal information relates.

In respect of a request for correction, if we think the correction is reasonable and we are reasonably able to change the personal information, we will make the correction.  If we do not make the correction, we will take reasonable steps to note on the personal information that you requested the correction.

If you want to exercise either of the above rights, email us at info@autochain.co.nz.  Your email should provide evidence of who you are and set out the details of your request (e.g. the personal information, or the correction, that you are requesting).

We may charge you our reasonable costs of providing to you copies of your personal information or correcting that information.

 

Internet use

While we take reasonable steps to maintain secure internet connections, if you provide us with personal information over the internet, the provision of that information is at your own risk.

If you post your personal information on the website’s review system or chat function, you acknowledge and agree that the information you post is publicly available.

If you follow a link on our website to another site, the owner of that site will have its own privacy policy relating to your personal information.  We suggest you review that site’s privacy policy before you provide personal information.


Terms and Conditions for Autochain.co.nz Launch Promotion


  1. This promotional offer (“Offer”) commences at 12:01 NZST Monday 1st October 2018 and ends at 11:59 pm NZST on Monday 31st December 2018 (“Promotion Period”).
  2. The promoter of this promotion is Auto Chain Group Limited, 6329308 whose address is at Suite 8718, 17B Farnham Street, Parnell 1052, Auckland. We can be contacted by post at the stated address or by email atinfo@autochain.co.nz.
  3. To be eligible for this promotion, you must register on Autochain.co.nz as a Supplier within the Promotion Period and be accepted by Auto Chain as a Supplier.
  4. The Offer entitles you to a three months free subscription and a 50% discount (“Discount”) on your monthly subscription fee for up to 6 consecutive months.
  5. The Discount is applied to your monthly subscription fee only and excludes other commission fee charges.
  6. We reserve the right to change or withdraw this Offer at any time.
  7. You are deemed to accept these terms and conditions at the time of taking the steps set out in clause 3 above.