Terms of Use

Last updated 30 June 2023

The BuyerScore website and related services ("Site") is owned and managed by Motorcentral Technologies Limited trading as BuyerScore ("BuyerScore", "we" or "us"). The "Site" also includes any version of this Site or its content that is published by our partners or any other medium approved by us. These Terms of use ("Terms") govern your access to and use of the Site, so please read them carefully.

Your access to and continued use of the Site signifies your acceptance of, and is conditional upon your continued acceptance of and compliance with these Terms and also our Privacy Policy, as well as your compliance with any applicable laws and/or regulations. You may not use the Site if you do not agree to the version of the Terms posted here at the time you access the Site. Please feel free to print these terms for your personal reference.

General

The content and material that appears on the Site is provided for information purposes only. Despite our efforts to provide useful and accurate information errors may appear from time to time. As a result, if you are using this information to purchase a vehicle or research a suitable provider of vehicles ("Dealers"), or a suitable provider of vehicle servicing and/or repairs ("Workshops"), we recommend you investigate further any information presented on this Site yourself, especially that which is important to your purchasing decision. We are not responsible for and in no way guarantee the accuracy of any content, feedback or any other information that forms part of this Site.

You are free to browse the Site for your personal, non-commercial use.

Any reproduction of the content of this site is strictly prohibited. Further, you may not use the Site to solicit or advertise in any manner.

Privacy

Your use of the Site and its materials may involve the transmission of your Personal Information. Our policy regarding how we collect and use that information is described in our Privacy Policy. Your access to and continued use of the Site signifies your acceptance of this policy also.

Content

BuyerScore provides content to our Site users regarding the quality of the service being provided by Dealers and Workshops, opinions on vehicles, as well as more subjective information such as whether a Dealer or Workshop should be recommended or not. All content on the Site and/or otherwise distributed including ratings, text, graphics, logos and image and how that content is arranged is the exclusive property of BuyerScore and is protected by any applicable copyright and trademark laws. Content also includes any feedback and information provided to us, by you and others. All rights reserved.

You may not download, display, reproduce, create derivative work from, transmit, sell, distribute, or in any way exploit any content made available through the Site, including without limitation dealer feedback and ratings, for any public and/or commercial use without the written prior consent of BuyerScore.

Feedback Submissions

In the event you choose to provide feedback, materials, information, ideas, opinions and other content ("Submissions"), and unless we indicate otherwise, you grant BuyerScore a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submission throughout the world in any mode and all forms of media whether now known or later developed. You grant BuyerScore and its partners and/or sub-licensees the right to use your first name and initial letter of your surname that you submit in conjunction with such Submissions and your geographical location to attribute authorship of Submissions to you.

Upon supplying Submissions you confirm:

  1. you own or otherwise control all of the rights to the Submissions that you post and/or submit;
  2. the Submissions are accurate;
  3. the use of the Submissions you post and/or submit does not violate these Terms; and
  4. the Submissions will not cause injury to any person or entity.

BuyerScore takes no responsibility and assumes no liability for any Submissions posted by you or any third party. You are solely responsible for any Submissions you provide. You assume all risks associated with use of your Submissions, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information in the Submissions that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorise the use of your Submissions as described herein. You may not imply that your Submissions is in any way sponsored or endorsed by BuyerScore.

As part of the Submissions, the Site allows you to rate Dealers and Workshops by submitting reviews and ratings about your experiences with such Dealers and Workshops (collectively, " Reviews") and/or read Reviews of Dealers and Workshops submitted by other visitors to the Site.

BuyerScore is not liable for any statements, representations, descriptions, comments and/or opinions of such nature provided on the Site. Reviews are displayed for entertainment and informational purposes only.

BuyerScore cannot guarantee the accuracy, integrity, or quality of the Reviews on the Site. Under no circumstances will BuyerScore be liable in any way for any Review, including, but not limited to, any errors or omissions in any Review, or any loss or damage of any kind incurred as a result of the use of or any Submission as part of such Review.

BuyerScore generally does not review any Submissions made, prior to posting on the Site. However we reserve the right, but not the obligation, to reject, refuse to post, or otherwise monitor all Submissions and may remove or require the removal of any and all Submissions for any reason, provided that BuyerScore may review Submissions prior to posting.

Third Party Links

The Site may contain links to or otherwise allow connections to third-party websites, products, or services that are not owned or controlled by BuyerScore.

You agree that we are not responsible or liable for the content, policies or practices of any third-party websites or for any non- BuyerScore products or services. We suggest you consult any applicable terms of use and privacy policies provided by these third parties.

Limitation of Liability

BuyerScore is not a party to or has any liability to any party with respect to any interaction, or attempted interaction, between a Dealer and/or Workshop and a user of this Site.

To the maximum extent permitted by law BuyerScore will not under any circumstances be liable under the law of tort, contract or otherwise for any monetary sum, including without limitation loss of profits, for any direct, indirect or consequential loss or damage, however caused, relating to or in connection with the Site including its content, any services provided by third parties or these terms & conditions. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all Reviews, opinions, advice, services and other content provided on the Site. You agree that access to the Site is provided on an "as is" basis. If you are dissatisfied with the Site or its content, your sole and exclusive remedy is to discontinue using the Site.

Use of the Site is at your own risk. You assume full responsibility and risk of loss resulting from your use of the Site and its content. Under no circumstances shall BuyerScore or its affiliates, or their respective directors, officers, employees and agents, or any third-party supplier, provider, or licensor, including any provider of Submissions, be liable for any indirect, incidental, punitive, special, or consequential damages (including but not limited to damages for personal injury and/or death, lost revenues or profits, loss of business or loss of data) that are directly or indirectly related to your use of or inability to use the Site, even if advised of the possibility of such damages, regardless of whether such liability is based in tort (including negligence), contract or any other legal or equitable theory. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of the Site and its content.

Intellectual Property

BuyerScore owns all intellectual property rights in and to the Site, including any modifications to the Site made at your request or suggestion. You do not receive or acquire any rights to patents, copyright, trade secrets, trademarks or any other rights or licences to the Site or its content through the usage of the Site.

Reviews and Community Guidelines

Your use of the Site, any BuyerScore services, content, Submissions and Reviews are subject to our Feedback Guidelines.

No warranties

All warranties, express or implied, including but not limited to fitness for purpose of the Site, are excluded to the maximum extent permitted by law. Further, BuyerScore does not make any warranty that the Site, or any content or information made available from it, will be error free, without interruption or delay or free from defects.

Indemnity

By using the Site, you shall indemnify BuyerScore against any and all direct, indirect and consequential damages, losses, claims, costs (including legal costs), expenses, actions, demands, liabilities or proceedings whatsoever incurred by BuyerScore in respect of any claim by a third party arising from or connected to any breach or alleged breach by you of your obligations under these terms.

Amendments to these terms

BuyerScore may amend these terms & any policies related to the Site, at any time. Your continued use of the Site following those changes will constitute acceptance of those amended terms & conditions. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of BuyerScore in providing the Site is to stop using the Site and to terminate your account, if applicable.

Site

BuyerScore reserves the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of access to any area of the Site. BuyerScore may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.

Termination

BuyerScore reserves the right to restrict, suspend or terminate your access to the Site in whole or in part, without notice, with respect to any breach or threatened breach by you of any portion of this Agreement. If BuyerScore terminates your access or use of the Site based on a breach by you of these Terms, BuyerScore reserves the right to refuse to provide access to the Site to you in the future.

Severability

Any unlawful or voidable provision in these terms shall be read down so as to be valid and enforceable or, if it cannot be read down, will be severed from these terms & conditions without affecting the validity, legality or enforceability of the remaining provisions, provided the reading down or severing does not materially affect the purpose of or frustrate these terms & conditions.

Governing law and jurisdiction

These terms shall be construed and take effect in accordance with the laws of New Zealand, and are subject to the non-exclusive jurisdiction of the courts of New Zealand.

Enforcement

Failure to enforce any provision in these Terms does not constitute BuyerScore waiving that provision or right.

Entire Agreement

These terms constitute the entire agreement between you and BuyerScore in relation to the subject matter of this agreement. Any prior arrangement, agreements, representations or undertakings are superseded and extinguished.

- The BuyerScore team