Last updated: 29th]June 2020
We may need to update these Terms from time to time, including when necessary to reflect changes to the Power Parts Sites, updates to our services or to reflect any changes in law. When we update these Terms, we will revise the "Last updated" at the top of these Terms. Where the changes are material, we will use reasonable endeavours to notify you – usually by prominently posting a notice of those changes on the relevant Power Parts Site or by sending you an email. Your continued use of any Power Parts Site constitutes your acceptance of these Terms, as amended from time to time.
The Power Parts Sites are each owned and operated by Power Parts (2018) Limited (6682854) (Power Parts, us, we or our).
If you have any questions or concerns in relation to any of the Power Parts Sites, our services or these Terms, please contact us at firstname.lastname@example.org.
1. Your obligations
- You shall not use any Power Parts Site:
- to send or receive any material which:
- is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
- is threatening, grossly offensive, of an indecent, obscene or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
- you have not obtained all necessary licences and/or approvals (from us or any third party); or
- constitutes or encourages conduct that would be considered a criminal offence or a breach of any applicable law;
- for a purpose other than which we have designed or intended the Power Parts Sites to be used;
- to extract data from or hack into the Power Parts Sites or to otherwise perform or attempt to perform any actions that would interfere with the normal operation of the Power Parts Sites or the Power Parts Sites by our other users; or
- for any fraudulent or unlawful purpose.
- to send or receive any material which:
- If you have registered for a dealer account (Dealer Account) and are provided a unique user name and/or password to allow you to access certain parts of the Power Parts Sites (each a Dealer Login), you must:
- keep your Dealer Login secure;
- not permit any other person to use your Dealer Login, including not disclosing or providing it to any other person; and
- immediately notify us if you become aware of any disclosure or unauthorised use of your Dealer Login or Dealer Account.
- You warrant that all information provided on registration of your Dealer Account and contained as part of your Dealer Account is true, complete and accurate and that you will promptly inform us of any change to such information by updating the information in your Dealer Account and/or notifying us accordingly.
- We reserve the right to immediately suspend or terminate your access to any Power Parts Site (in whole or in part) (including of your Dealer Account) without notice where we consider that you are using any Power Parts Site or your Dealer Account in breach of these Terms. On suspension or termination, you must immediately cease using the Power Parts Sites and your Dealer Account (where applicable) and must not attempt to gain further access.
- You agree to indemnify Power Parts and its related companies (each a Indemnified Party) in respect of any loss, damage, liability, cost and/or expense (including legal costs on a solicitor and own client basis) suffered by any Indemnified Party in respect of any claim, action, suit or proceeding brought or threatened to be brought against an Indemnified Party which is caused by or arises out of your breach of these Terms or use of any Power Parts Site (including your Dealer Account) in breach of these Terms.
2. Intellectual property rights
- Power Parts or its licensors own all proprietary and intellectual property rights in the Power Parts Sites (including all content, information, data, text, graphics, artwork, photographs and/or logos displayed on or contained in the Power Parts Sites as well as the look and feel of our Power Parts Sites) (together the Power Parts IP). Power Parts reserves all rights in respect of the Power Parts IP not otherwise expressly granted to you.
- You agree not to:
- copy, distribute, modify or make derivative works of any of our Power Parts IP or use any of our Power Parts IP in a manner that violates these Terms or in any way not expressly permitted by us; or
- claim or register ownership of any Power Parts IP on your behalf or on behalf of others.
3. Data use and privacy
- In order to use the Power Parts Sites you are not required to provide personal information to us, although in some cases if you choose not to do so then some functions or features of the Power Parts Sites may not be available to you.
- When you use any of the Power Parts Sites or otherwise provide us with any personal information, we may create anonymised statistical data from your data and usage of the Power Parts Sites or our services, including through aggregation. Once anonymised, we may use it for our own purposes, such as to provide and improve the Power Parts Sites and our services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you.
- To the extent permitted by law, we exclude all liability to you or any third party (whether arising in contract, tort (including negligence) or otherwise) for any loss, liability, damage, cost or expense however caused (whether direct, indirect or consequential) in relation to:
- the Power Parts Sites and their content (including in relation to any inaccuracies or omissions, warranties of merchantability, quality, fitness for a particular purpose, accuracy or availability);
- any third party content displayed on a Power Parts Site (including without limitation any errors or misstatements) or any third party site linked to from a Power Parts Site; or
- any Power Parts Site being unavailable (in whole or in part). We do not warrant that the Power Parts Sites will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code. We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we cannot guarantee that any Power Parts Site will be free of faults.
- We reserve the right to make corrections and changes to any Power Parts Site at any time without notice (including to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms or allow for repairs, maintenance or the introduction of new functionality on the Power Parts Sites).
5. Limitation of liability
- To the extent permitted by law, we are not liable or responsible to you or any third party (whether arising in contract, tort (including negligence) or otherwise) for any loss, liability, damage, cost or expense however caused (whether direct, indirect or consequential) under or in connection with these Terms, the Power Parts Sites, or your access and use of (or inability to access or use) the Power Parts Sites.
- Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded.
- To the maximum extent permitted by law and only to the extent clauses 1 and 5.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Power Parts Sites, or your access and use of (or inability to access or use) the Power Parts Sites, shall not exceed NZD100.
- The price of any products and/or services or any other charges shown on the Power Parts Sites are in New Zealand dollars unless expressly stated otherwise.
- If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
- These Terms are governed by New Zealand law and the Courts of New Zealand have non-exclusive jurisdiction in relation to any dispute arising out of or in connection with these Terms or any Power Parts