Terms and Conditions
1.1. This website at www.supercheapauto.co.nz (the “Site”) is a shopping website where you can browse, select and order products advertised on the Site from Super Cheap Auto Pty Ltd A.B.N. 64 085 395 124 (“SCA”, “us” or “we”).
1.2. Please read these terms and conditions before accessing or using the Site. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site.
1.3. Your access to and use of the Site, including your order of Products through the Site, is subject to these terms and conditions.
2.1. The information contained in this Site is provided in good faith on an "as is" basis. SCA does not represent or warrant to the reliability, accuracy or completeness of the information contained on this Site. You agree that SCA is not responsible or liable for any Liabilities (direct, indirect or consequential losses and damages) arising in any way (including without limitation negligence) for errors in, or omissions from, the information in this Site.
2.2. Illustrations and photos contained in this Site are sample representation of the Products advertised, and variations may occur from time to time and from store to store.
The Site may contain links to external websites that are not operated by us or our related bodies corporate. SCA does not make any endorsements, or representation as to the accuracy of information contained within those websites. These links are provided for your convenience only and you agree that:
3.1. we make no representations or warranties, or have any responsibility or liability for those websites;
3.2. these links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites; and
3.3. you access and use the products and services made available at those sites solely at your own risk.
4. Intellectual Property
4.1.1. acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the “Materials”) are owned by or licensed to us;
4.1.2. must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
4.1.3. must not frame or embed in another website any of the material appearing on this Site without our prior written consent.
4.2. You may:
4.2.1. store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and Materials; and
4.2.2. print hard copies of the content and Materials for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.
4.3. This Site contains registered trademarks and other trade marks which are protected by law. You must not use any of the marks or trademarks appearing on the Site or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on the Site that are owned by other third parties (including our suppliers) without obtaining the relevant third party owner’s consent.
5.1. SCA does not claim that any information (including any files) obtained from or through this Site is free from viruses or other faults or defects.
5.2. You are responsible for scanning any information for viruses.
5.3. You agree that SCA has no responsibility or liability to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any such information.
5.4. If SCA is found to be liable this will be limited to the cost of supplying the information again.
6. Compliance with these Terms and Conditions
You agree to bound by, and comply with, these terms and conditions by:
6.1. using the Site;
6.2. completing your registration through the Site; and/or
6.3. obtaining or ordering Products from us using the Site.
7. Changes to these Terms and Conditions
We may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. By continuing to use the Site after these terms and conditions have been modified, you agree to be bound by the changes to these terms and conditions. If you have an order that has been accepted by us, the terms and conditions that will apply to the order, are the terms and conditions that applied at the time you placed your order.
8.2. You may not have more than one active account, and your account is non-transferable. You may update, edit or terminate your account at any time through the Site.
8.3. If you choose to use a workplace email address for your account or to access the Site, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities.
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The Gift Card Terms and Conditions set out all the conditions applicable to the use of our gift cards. You will need to familiarise yourself with the Terms and Conditions before you place an order.
1.0. Document Definitions:
- 1.1. "Access PIN" means the 4-digit Access PIN printed on the back of the Gift Card;
- 1.2. "Card Number" means the 19-digit number that appears on the back of your Gift Card;
- 1.3. "Gift Card" means the Gift Card that you have purchased from us for use in our store or on our website;
- 1.4. "Remaining Card Value" means, at any time, that portion of the initial value loaded onto your Gift Card which is unspent and can be accessed by using the Gift Card in accordance with these Terms and Conditions;
- 1.5. "we", "us" or "our" means a reference to "Super Cheap Auto Pty Ltd A.C.N. 085 395 124";
- 1.6. "you" or "your" means a reference to the person who is in possession of the Gift Card at the relevant time for the purposes of these Terms and Conditions, or who authorises another person to do something with or to the Gift Card on their behalf.
2.0. Accepting the Gift Card and agreeing to these Terms and Conditions:
- 2.1. By purchasing, redeeming or attempting to redeem a Gift Card, you:
- 2.1.1. accept and agree to be bound by these Terms and Conditions; and
- 2.1. By purchasing, redeeming or attempting to redeem a Gift Card, you:
3.0. Transactions made using the Gift Card How and where you can use the Gift Card:
- 3.1. Purchases with your Gift Card: Goods may be purchased from our store or on our website by selecting the goods and taking them to the point of sale operator in our stores or on our website. When making an in-store purchase, the operator will request the Gift Card to be swiped in the pin pad, and for the Gift Card serial number and Access PIN to be entered into the pin pad. When making an online purchase, instructions will be provided on our website for the Gift card serial number and the the Access PIN to be entered to complete the purchase. The transaction will be completed when the balance has reduced on the Gift Card. No change will be given - any remaining balance on the Gift Card (“Remaining Card Value”) can only be used in whole or part against future purchases subject to these Terms and Conditions.
- 3.2. You acknowledge that the Gift Card may not be used:
- 3.2.1. to pay a store or credit account;
- 3.2.2. to purchase goods or services that we are not permitted to supply to you by law in the location of sale (for example, sale of weapons, knives etc) - please observe the available signage or ask a store manager for any sale restrictions which apply;
- 3.2.3. to purchase goods or services that are not permitted to be supplied to you under our company policy in the location the sale is to take place (for example spray paint will not be sold to persons under 18 and these sale restriction policies vary between stores) - please observe the available signage or ask a store manager for any sale restrictions which apply; and
- 3.2.4. for purchases by email, phone or fax.
- 3.3. The Gift Cards that are purchased directly from www.supercheapauto.co.nz in the same transaction will be pre-loaded and activated at the same time/concurrently.
- 3.4. You agree that we will reduce the Remaining Card Value by the value of all purchases of goods and services that are processed against the Gift Card.
- 3.5. Your Gift Card may only be used to make purchases up to the Remaining Card Value. If you wish to make a purchase for an amount that exceeds the Remaining Card Value, you must pay the excess using another payment method.
- 3.6. You cannot obtain any cash advance with your Gift Card or redeem your Gift Card for cash.
- 3.7. Validity and expiry of Gift Cards:
- 3.7.1. Your Gift Card will be valid for use up to the expiry date shown on the Gift Card. Any balance that remains on a Gift Card will not be available for use after the card's expiry date.
- 3.7.2. To check the expiry date of your Gift Card, call 1300 55 33 80. You must convey the 19 digit Gift Card serial number and the Access PIN to our call centre operator. For balance enquiries online, you will be required to enter both the Gift Card serial number and Access PIN on the designated page of our website prior to getting access to the card information.
- 3.8. Re-issue of faulty or damaged Gift Cards: The Gift Cards shall not be replaced by Super Cheap Auto Pty Ltd unless the Gift Cards are proven to be faulty or damaged as a result of the production process or otherwise due to the fault of Super Cheap Auto Pty Ltd, its employees, agents or contractors.
- 3.9. Destruction of Gift Card with no value: Once the Remaining Card Value is completely used, please destroy your card by cutting it in half diagonally. Your Gift Card cannot be reloaded.
4.0. Lost or stolen Gift Cards:
- 4.1. Please treat your Gift Card like cash. Lost or stolen cards will not be replaced or refunded.
- 4.2. Can I exchange my Gift Card?You cannot exchange your Gift Card for a different brand, denomination or type of Gift Card or for another tender, cash or discount.
5.0. Your Gift Card, your responsibility:You are responsible for the use and safety of your Gift Card. You are liable for all transactions on your Gift Card, except to the extent to which there has been fraud or negligence by us or by any of our employees.
6.0. Changes to Terms and Conditions:
- 6.1. To the extent permitted by law, we reserve the right to change any of the terms contained in these Terms and Conditions at any time, including without limitation changes:
- 6.1.1. to add or remove participating retailers and/or where the Gift Card may be redeemed;
- 6.1.2. to add or remove goods or services which may be purchased with the Gift Card;
- 6.1.3. for infrastructural, systems, administrative or operational reasons or to prevent the occurrence of fraud or other unlawful or unacceptable conduct;
- 6.1.4. to comply with any contract, law, regulation or statute or order or judgment of any court, tribunal or other body having competent jurisdiction; or
- 6.1.5. where we, acting reasonably, consider that it will not be to your detriment.
- 6.2. Changes to these Terms and Conditions will be available at www.supercheapauto.co.nz or by contacting 0800 744 566.
- 6.1. To the extent permitted by law, we reserve the right to change any of the terms contained in these Terms and Conditions at any time, including without limitation changes:
- 7.1. Generally under copyright laws the owner of the copyright in images or photographs is the person who created the images or took the photographs. You represent and warrant to us that you are the owner of the copyright or have the express permission of the owner of the copyright in the images or photographs which you submit to us.
- 7.2. We claim no ownership rights in any photographs and materials you submit to us. You grant to us and to our third party service providers, a perpetual, worldwide, non-exclusive, transferable, royalty-free, copyright licence to copy, reproduce, display, modify, adapt or alter, transmit, and distribute your photographs and materials for the purpose of allowing us to provide you with the Gift Card you have requested.
- 7.3. You warrant that you will not make any claim against us or our third party service suppliers, for any use, publication or copying of the photographs and materials you have submitted to us and you waive all rights of action or other claims you may have now or in the future against us in respect of any such use, publication or copying.
- 7.4. Your Infringement of Copyright:
- 7.4.1. We respect the intellectual property rights of others. If we receive a complaint alleging that you have infringed copyright, we will refer the complaint to you for resolution. It will be your responsibility to resolve any such complaint. Should you not resolve the complaint satisfactorily and advise us, in writing, of the resolution within seven (7) days of the date we refer the complaint to you (the "Referral Date"), we reserve the right, in our absolute discretion, to suspend your Gift Card and/or your order (“Order”) for the Gift Card until such time as the complaint is resolved. If you do not notify us within thirty (30) days of the Referral Date that the complaint has been satisfactorily resolved, we reserve the right, in our absolute discretion, to terminate your Order and/or permanently suspend your Gift Card.
- 7.4.2. If any person makes any claim against us or our third party service suppliers, claiming that any of the photographs and materials you submit to us, or any use of them, infringes any copyright, or other intellectual property or moral right of any person, company or entity, you indemnify us and our third party service providers against all costs, claims, loss, damage, demands and expenses (including all reasonable legal costs, fees and expenses) arising directly or indirectly out of such claim.
8.0. Privacy and confidentiality:
- 8.1. Collection of Your Personal Information:
- 8.1.2. When you provide us with personal details (including but not limited to) your name and contact details, the information will be used as permitted by you and only for legitimate business reasons and we have established policies and procedures to ensure that all your personal information is handled in accordance with the law.
- 8.1.3. So that we can fulfill your order and generally provide products and/or services to you, we may ask for personal details such as your name, address, telephone number, email address, merchandise information (purchases, orders etc), method of payment, and/or your preferences.
- 8.1.4. Generally, you have no obligation to provide any information requested by us however, if you choose to withhold the requested information, we may not be able to provide you with the goods and/or services that depend on the collection of that information.
- 8.1.5. The personal information that we ask for is generally used to:
- 18.104.22.168. provide goods and/or services to you;
- 22.214.171.124. deliver products or services to you;
- 126.96.36.199. complete other transactions with you or on your behalf;
- 188.8.131.52. better understand your requirements and preferences;
- 184.108.40.206. protect against fraud or theft; and
- 220.127.116.11. provide offers that are of greater interest or benefit to you.
- 8.1.6. We may also use your personal information in other ways to provide you with improved and enhanced goods and services. This may include using your personal information to advise you of new products and services.
- 8.2. Cookies and How They Work:
- 8.2.1. When you visit our website, our website will automatically send you a “cookie”.
- 8.2.2. A cookie is a piece of text from a web server to your computer, and is used to identify you only by a random number. This information does not personally identify you, but it does tell us that your computer has visited our website and what areas of the website you have browsed.
- 8.2.3. You can decline cookies by adjusting the setting of your browser, however this may affect the functionality and accessibility of our website and other websites.
- 8.3. Who We May Share Your Information With
- 8.3.1. We may share your information with third parties for the purpose of promotional and direct marketing offers which we believe may be of interest to you.
- 8.3.2. Where possible or without diminishing the purpose of the disclosure, we try to ensure that our disclosure of information to other organisations (e.g. researchers, marketers and other organisations with whom with have commercial arrangements) is in a way which does not personally identify the individuals.
- 8.4. Access to Your Information: We will provide you with access to any of your personal information we hold (except in the circumstances recognised by the privacy law). If you require access to your personal information, please contact us on 0800 500 605. Of course, before we provide you with access to your personal information, we will require some proof of identity. For most requests, your information will be provided to you free of charge. However, to the extent permitted by law, we may charge a reasonable fee if your request requires a substantial effort or resources on our part.
- 8.5. Other Sites: We are not responsible for the privacy practices of websites that are linked to our website. Please take care at all times to check the privacy policies of those websites you are visiting.
- 8.1. Collection of Your Personal Information:
9.0. Errors and complaints:
- 9.1. Gift Cards: If you have reason to believe that an error has occurred in relation to your Gift Card, you should call 0800 500 605.
- 9.2. Goods or services: subject to the law, any complaints about goods or services purchased with a Gift Card must be resolved directly with the store concerned.
10.0. Force majeure: To the extent permitted by law, we will not be liable to you for any loss or damage (whether direct or consequential), nor be in default under these Terms and Conditions, for failure to observe or perform any of our obligations under these Terms and Conditions for any reason or cause which could not, with reasonable diligence, be controlled or prevented. These causes include acts of God, acts of nature, acts or omissions of government or their agencies, strikes or other industrial action, fire, flood, storm, riots, power shortages or failures, sudden and unexpected system failure or disruption by war or sabotage, and other acts or omissions of third parties.
11.0. Applicable law: These Terms and Conditions are to be construed and enforced in accordance with the laws of Queensland, Australia. Any dispute arising from your receipt or use of a Gift Card is exclusively subject to the jurisdiction of the courts of Queensland, Australia (including the Federal Court of Australia, Queensland Registry).
12.0. Want to find out more? For more information, contact Super Cheap Auto (New Zealand) Pty Ltd on: Phone: 0800 744 566 Email: firstname.lastname@example.org
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TRADE DISCOUNT CARD TERMS AND CONDITIONS OF USE
- 1.1. These terms and conditions are deemed incorporated into the conditions under which the Trade Discount Card is granted to the Customer. The placement of any order by the Customer is subject to these terms and conditions.
- 1.2. The Customer must present their Trade Discount Card at the time of purchase and ensure appropriate identification is provided as requested by Supercheap Auto.
- 1.3. Supercheap Auto may grant and or revoke a Customer’s Trade Discount Card and allow or disallow the Customer’s participation in the Trade Program and the absolute discretion of Supercheap Auto. Without limitation to the foregoing, Supercheap Auto may remove the Customer from the Trade Program if the Customer does not meet the minimum annual spend requirement set by Supercheap Auto (at its absolute discretion) for participation in the Trade Program
- 1.4. Without limitation to clause 1.3, Supercheap Auto may (at their absolute discretion) suspend or otherwise limit a Customer’s Trade Discount Card and participation in the Trade Program.
- 1.5. Any terms and conditions of the Customer’s order that deviate from or are inconsistent with these terms and conditions (regardless of any assertion by the Customer that their terms and conditions shall prevail) are expressly rejected by Supercheap Auto unless otherwise agreed to in writing.
- 1.6. Supercheap Auto reserves the right to accept or refuse any order for Goods at its discretion.
- 1.7. Until an order for the purchase of Goods has been accepted by Supercheap Auto either in writing or by conduct, no contract for the supply of Goods shall exist between Supercheap Auto and the Customer.
- 1.8. The Customer is liable for all transactions carried out using the Trade Discount Card including (without limitation) the unauthorised use of the Trade Discount Card.
2. Prices and Quotations
- 2.1. Supercheap Auto reserves the right to alter prices without notice. Provided however that the price of Goods in an order which has been accepted by Supercheap Auto may not, to the extent of that order, be altered by Supercheap Auto (except to the extent of any amount payable pursuant to clause 2.3).
- 2.2. All prices are in New Zealand Dollars
- 2.3. The Customer agrees to pay any GST and any other government duties, levies or taxes payable in respect of the Goods supplied by Supercheap Auto.
- 2.4. Discount (if any) is only applicable on full price items (i.e normal retail price) and excludes sale items, special buys, gift cards, vouchers, bonus buys, and any other discounted items.
3. Placing an Order for Goods
- 3.1. The Customer may order Goods by submitting an order to Supercheap Auto by any means approved by Supercheap Auto and in accordance with these terms and conditions.
- 3.2. Any order placed for Goods by the Customer is an offer by the Customer to purchase the particular Goods for the price notified (including the delivery and other charges and taxes) at the time the Customer places the order.
- 3.3. Supercheap Auto may ask the Customer to provide additional details or require the Customer to confirm their details to enable Supercheap Auto to process any orders placed.
- 3.4. The Customer agrees to provide Supercheap Auto with current, complete and accurate details when requested to do so.
4. Acceptance or Rejection of an Order
- 4.1. Supercheap Auto reserves the right to accept or reject the Customer’s order for any reason, including (without limitation) if the requested Goods are not available, if there is an error in the price or the product description.
- 4.2. Each order placed for Goods that Supercheap Auto accepts results in a separate binding agreement between Supercheap Auto and the Customer for the supply of those Goods. For each order so accepted, Supercheap Auto will supply the Goods in that order to the Customer in accordance with these terms and conditions.
- 4.3. If Supercheap Auto rejects an order, then Supercheap Auto will use reasonable endeavours to notify the Customer of that rejection within a reasonable time after the Customer submits their order.
5. Cancelling an Order by Supercheap Auto.
- 5.1. Prior to the dispatch or collection (as applicable) of an order, Supercheap Auto may cancel all or any part of an order (including any orders that it has accepted) without any liability to the Customer for that cancellation if:
- 5.1.1. the requested Goods in that order are not available; or
- 5.1.2. there is an error in the price or the product description in relation to the relevant Goods in that order; or
- 5.1.3. that order has been placed in breach of these terms and conditions.
- 5.2. If Supercheap Auto cancels an order as above, it will use reasonable endeavours to provide the Customer with reasonable notice of that cancellation. The Customer will not be charged for the cancelled order if Supercheap Auto cancel it before the delivery date or if the Customer is not at fault or in breach of these terms and conditions.
6. Cancelling an Order by Customer
- 6.1. Prior to the dispatch or collection (as applicable) of an order, the Customer may cancel all or any part of an order (including orders that Supercheap Auto has accepted) due to circumstances beyond the Customer’s reasonable control (e.g. loss of employment, serious injury or illness) but not if the Customer simply changes their mind, without any liability to Supercheap Auto for that cancellation.
- 6.2. If the Customer does cancel an order as above, then the Customer must provide Supercheap Auto notice (including reasons) before the dispatch or collection (as applicable) of the order. The Customer cannot cancel all or any part of an order after the order has been dispatched by Supercheap Auto or collected by the Customer (as applicable).
- 7.1. If the Goods are being delivered, the Customer should allow at least ten (10) working days for delivery from the receipt of their order and payment for their order. Delivery time is subject to stock availability, this period may be extended by up to 30 days by Supercheap Auto and they will endeavour to provide the Customer with reasonable notice of that extension.
- 7.2. If the Goods are being delivered, a delivery fee is payable in addition to the purchase price of the Goods. A number of different delivery methods may be used depending on the type of order.
- 7.3. If the delivery is by courier, Goods will not be delivered to an unattended address. The courier requires a signature from an occupant at the specified delivery address. If no one is available to sign for the parcel a card will be left and the parcel re-directed to the nearest courier depot. The Customer is then responsible for collecting the parcel from that depot or paying an additional charge for re-delivery.
- 7.4. Supercheap Auto ships orders to New Zealand addresses only.
- 7.5. The Customer acknowledges and agrees that it may incur additional delivery fees/freight charges (in excess of the fees and charges specified above) for:
- 7.5.1. special, non-stock and/or bespoke items;
- 7.5.2. heavy, bulky and/or awkward items;
- 7.5.3. express or urgent deliveries; or
- 7.5.4. bulk or large quantity orders.
- 7.6. To the extent permitted by law, all claims for shortages and damages in the Goods must be made by the Customer to Supercheap Auto within seven (7) days of receipt of the Goods by the Customer.
- 8.1. Payment for all Goods in full must be completed at the time the Goods are being ordered.
- 8.2. The only accepted means of paying for Goods will be by cash, cheques (acceptance of cheque payment is at the absolute discretion of Supercheap Auto), electronic funds transfer or credit card, all without any deduction, unless otherwise agreed to by Supercheap Auto.
9. Risk and Title to Goods
- 9.1. The Goods shall be at the sole risk of the Customer from the delivery of the Goods to the Customer or from the collection of the Goods by the Customer (as applicable).
- 9.2. All Goods (including those delivered to or collected by, as applicable, the Customer) under these terms and conditions remain the property of Supercheap Auto until the Customer has paid to Supercheap Auto in full the purchase price for the relevant Goods and all other money due to Supercheap Auto.
10. Return of Goods
- 10.1. To the extent permitted by law, unless the Customer notifies Supercheap Auto to the contrary by email, telephone, or facsimile transmission within seven (7) days of delivery of any Goods and such notification is confirmed in writing within seven (7) days of its receipt by Supercheap Auto, the Goods shall be deemed to have been accepted by the Customer.
- 10.2. Supercheap Auto will accept Goods returns and provide the Customer with (at Supercheap Auto’s election) a replacement for the Good (subject to availability) an exchange voucher, refund or repair where:
- 10.2.1. the Good delivered is faulty or is not of merchantable quality;
- 10.2.2. the Good delivered is not fit for its intended purpose; or
- 10.2.3. the Good delivered does not match the description given by Supercheap Auto.
- 10.3. If the Good delivered is faulty, not of merchantable quality, not fit for its intended purpose, does not match the description given by Supercheap Auto or covered under a warranty from the manufacturer, the Customer must promptly contact Supercheap Auto. To enable Supercheap Auto to evaluate the Customer’s return request, the Customer must provide Supercheap Auto with any information reasonably requested by Supercheap Auto, including but not limited to:
- 10.3.1. the order number, invoice number or receipt number;
- 10.3.2. a detailed description of the problem or the reason for the request to the return the Good;
- 10.3.3. photograph(s) of the Good that is damaged during transportation; and
- 10.3.4. Customer details.
- 10.4. Supercheap Auto will evaluate the return request and if applicable, issue the Customer with a returns authorisation notice once Supercheap Auto has received details of Customer’s return request. Supercheap Auto will provide the Customer with return instructions and return address for the relevant Goods.
11. Warranties and Economical Loss
- 11.1. Supercheap Auto accepts liability for all legal guarantees and warranties expressed or implied to the transactions under the Consumer Guarantees Act 1993, or any other applicable legislation, the effect of which cannot be excluded. However, where Supercheap Auto are permitted by law, Supercheap Auto will only:
- 11.1.1. in the case of services, resupply of the services or pay to the Customer the cost of resupply; and
- 11.1.2. in the case of goods, replace the goods, supply equivalent goods, repair the goods, pay to the Customer for the cost of replacing the goods (or of acquiring equivalent goods), or pay to the Customer for the cost of having the goods repaired.
- 11.2. Where Supercheap Auto is permitted by law (and subject to clause 11.4):
- 11.2.1. Supercheap Auto does not warrant or represent the suitability of the Goods for any purpose; and
- 11.2.2. Supercheap Auto will not be liable to the Customer for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to any Goods.
- 11.3. Supercheap Auto’s liability to the Customer for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that the Customer causes or contributes to the loss or damage. This reduction applies whether Supercheap Auto’s liability is in contract, tort (including negligence), under any statute or otherwise.
12. Variation of Terms and Conditions
- 12.1. Supercheap Auto may make any variations to these terms and conditions and such variations will be effective as soon as they are made. Supercheap Auto may advise of variations by posting on its website, e-mail notification or any means of notification that Supercheap Auto deems appropriate. Any Goods purchased after any such variation will be deemed to be the Customer’s acceptance of such varied terms and conditions.
- 12.2. If the Customer has placed an order that has been accepted by Supercheap Auto, the terms and conditions that will apply to that order are the terms and conditions that applied at the time the Customer placed that order. Supercheap Auto will not vary the terms and conditions which apply to a given order after that order is accepted by Supercheap Auto.
13. Customer Obligations
- The Customer covenants and warrants to Supercheap Auto that:
- 13.1. all information and data provided by the Customer to Supercheap Auto (including as part of registering for the Trade Program) or otherwise is true, accurate, complete and up to date;
- 13.2. in the event of delivery of the Goods, the person receiving the Goods at the delivery address is authorised by the Customer to do so;
- 13.3. the Customer has and will comply with all relevant laws relating to the Customer’s participation in the Trade Program and its placement of any order to Supercheap Auto;
- 13.4. the Customer will ensure that the Trade Discount Card that kept in a safe and secure manner;
- 13.5. the Customer will promptly notify Supercheap Auto if the Customer is or becomes aware that there is or has been an unauthorised use of the Trade Discount Card, or any other security breach relating to the Customer’s participation in the Trade Program;
- 13.6. the Customer will promptly advise Supercheap Auto of any changes to the Customer’s information provided to Supercheap Auto as part of the Trade Program registration process;
- 13.7. the Customer is responsible for any costs associated with their participation in the Trade Program;
- 13.8. the Customer is responsible and liable for any person that uses the Customer’s Trade Discount Card, including but not limited to the placement of an order for Goods;
- 13.9. the Customer agrees that Supercheap Auto may charge the Customer for all Goods that Supercheap Auto agree to supply to the Customer that have been ordered using the Customer’s Trade Discount Card;
- 13.10. the Customer will check the labels on the Goods before consumption or use; and
- 13.11. the Customer will not:
- 13.11.1. use the Trade Program for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
- 13.11.2. make fraudulent or speculative enquiries, purchases or requests via the Trade Program;
- 13.11.3. use another person’s details without their permission or impersonate another person when participating in the Trade Program;
- 13.11.4. create or attempt to create accounts in the Trade Program by automated means or under false or fraudulent pretences;
- 13.11.5. use the Trade Discount Card other than in accordance with these terms and conditions; or
- 13.11.6. attempt any of the above acts or engage or permit another person to do any of the above acts.
- 14.1. Any notice to be given to Supercheap Auto by the Customer may be sent to the Trade department, Supercheap Auto 180 Savill Drive Otahuhu, Auckland, New Zealand or emailed to email@example.com
- 14.2. Any notice to be given to the Customer by Supercheap Auto shall be sent to the last known address or email whichever is applicable. Notices shall be considered to have been sufficiently delivered five (5) days after mailing or in the case of email once it has been sent, unless a notice of a failure is received.
15. Notification of Changes
- 15.1. The Customer must not assign and/or novate these terms and conditions without the prior written approval of Supercheap Auto, which may be granted or declined at Supercheap Auto’s sole discretion.
- 16.1. In the event that any part of these terms and conditions is or becomes void or unenforceable, that part is severed so that the validity and enforceability of the remainder of these terms and conditions shall not be affected.
- 17.1. Supercheap Auto’s failure to exercise any right or power does not operate as a waiver and a partial exercise of a right or power does not preclude any further exercise of the right or power.
- 18.1. These terms and conditions are governed by and construed in accordance with the laws of New Zealand. The Customer agrees to submit to the non-exclusive jurisdiction of the courts of New Zealand as selected at Supercheap Auto’s discretion.
- 19.1. In these terms and conditions, unless contrary to the context:
- 19.1.1. “Customer” means and includes any natural person, company, partnership or other entity who is the applicant listed for the purchase of Goods is accepted by Supercheap Auto.
- 19.1.2. “Goods” means and includes goods and services supplied or to be supplied to the Customer by Supercheap Auto.
- 19.1.3. “GST Act” means “Goods and Services Tax Act 1985” and any ancillary legislation relating to the imposition of goods and services tax.
- 19.1.4. “GST” means any tax chargeable or payable under the GST Act;
- 19.1.5. “Supercheap Auto” means Super Cheap Auto (New Zealand) Pty Limited (1172262);
- 19.1.6. “Trade Discount Card” means the card (which remains at all times the property of Supercheap Auto) provided to the Customer, held with Supercheap Auto, in relation to the supply of Goods for their trade or business and which allows the Customer to participate in the Trade Program pursuant to these terms and conditions;
- 19.1.7. “Trade Program” means the potential supply of Goods to the Customer by Supercheap Auto pursuant to these terms and conditions, for which the Customer has been provided a Trade Discount Card.
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In consideration of viewing this video, you agree and acknowledge that:
1. All videos depict activities undertaken by a professional and only meant to be a general and basic user guide. The correct and most appropriate procedure may vary depending on vehicle type, user experience and product specifications.
2. You will not attempt to replicate anything shown in this video unless you have:
2.1. Checked your vehicle owners’ manuals and all product user instructions.
2.2. Obtained advice from relevant qualified experts
2.3. Applied safe practices when performing activities
2.4. Checked relevant laws and regulations
3. Supercheap Auto is not responsible for and will not accept any direct and/or indirect liability for: cost; damages; claims, accidents; injuries; death; law and traffic violations; and expenses that is or may be incurred or suffered by you as a result of carrying out the activities in this video.
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