Price My Ride NZ Limited Terms and Conditions.
The
following terms and conditions outline our obligations to you and
your obligations to us for use of the Price My Ride service. For
information about privacy, please check our privacy policy.
Part
A applies
to both Workshops and Users;
Part
B applies
to Users only;
Part
C applies
to Workshops only.
PART A (Applies to Workshops And Users)
1. Acceptance of Terms and Conditions
1.1 These Terms and Conditions formally set out your obligations relating to accessing services and the Website and mobile applications. They highlight that we will do our best to help you have a good experience but are not responsible for performance of the Workshops you find and use. We also expect everyone to be honest in their dealings.
1.2 By registering as a Workshop or User you accept these Terms and Conditions. These Terms and Conditions may be changed or amended at any time at the sole and absolute discretion of Price My Ride. Amendments will be effective immediately upon posting the amended Terms and Conditions on the Website. You are responsible for ensuring you are familiar with the latest Terms and Conditions. Your continued use of the Website and services represents your agreement to be bound by the Terms and Conditions as amended from time to time.
2. Definitions
2.1
Defined Terms:
In these Terms and Conditions, the following words
have the meaning set out below:
Price My Ride means Price My Ride
Limited;
Services means any services offered by Price My Ride
from time to time including but not limited to the mechanical quoting
services, Workshop finding, providing feedback, App alerts and any
other service that Price My Ride may offer through its Website/App
from time to time;
Terms and Conditions means these terms and
conditions as they may be updated from time to time and shall include
our privacy policy.
Workshop is a mechanic/service provider
registered on the Price My Ride Website/App to provide professional
quotes/estimates and services to Users;
Users means any consumer
registered on the Price My Ride Website/App to make enquiries about
mechanical quotes/estimates and services provided by Workshops.
Workshops may also behave as users when enquiring about
quotes/estimates or services provided by other agents;
We and us
are references to Price My Ride Limited;
Account means the login
that you use to access the services on Price My Ride;
Mobile
Application/App: any Android, iOS or other platform application
designed for use on a mobile or tablet device released by Price My
Ride in order to assist in the access and use of the Price My Ride
website and its services;
Mechanical Job Request means the
request for mechanical quotes/estimates that the User submits through
the Price My Ride Website or App
Website means any Price My Ride
Website or Mobile Application through which the services are
offered;
You and your are references to you.
3. General Rules and Conduct
3.1 General:
3.1.1 All requests, quotations or communications made through Price My Ride shall be made in good faith.
3.1.2 All requests, communications, emails and correspondence made through, on the website or to customers who have used the website, must not contain any offensive, insulting, defamatory or inappropriate language. Price My Ride reserves the right to determine what is offensive, insulting, defamatory or inappropriate and to take action against users who use such emails, including the suspension, deactivation and permanent banning of users from the site.
3.1.3 You must not damage, interfere with or harm the Website or services, or any network, or system underlying or connected to them, or attempt to do so.
3.1.4 You may not use a robot, spider, scraper or other automated means to access the Website or information featured on it for any purpose.
4. Access to Website
4.1 Users and Workshops: You may gain access to Price My Ride services through the Website only through the use of your email address and password. By registering as a User or Workshop, you warrant that you can form a legally binding contract with us under these Terms and Conditions.
4.2 Breach of Security: If you have any reason to believe that the security of your password has been compromised you shall take all steps to change it on the Website. You shall remain liable for any unauthorised use of the Website until the change is effective.
4.3 Security of Your Login Information: You are responsible for keeping your log in information, including your email address, username and password, secret and secure, including (but not limited to), you agree:
4.3.1 not to permit any other person to use your username or account; and
4.3.2 not to disclose or provide to any other person, your password, username, email address, or any other information in connection with your account that may allow them to gain access to your account.
4.4 Becoming a User or Workshop: You may only register as a User or Workshop if you are a resident or citizen of New Zealand and can form a legally binding contract that is enforceable against you.
4.5 Emails and Newsletters: Price My Ride may send you emails relating to your account, transactions and other activities on the Website or App and for promoting and marketing other service requests, quotation requests or Price My Ride products and services to you. Price My Ride may also send regular electronic newsletters to Users. Newsletters will contain clear and obvious instructions of how you can unsubscribe from the mailing list if required.
5. Price My Ride Services
5.1 Quoting/estimating services:
5.2.1 Price My Ride provides services that enable Users to request quotes/estimates from Workshops (Mechanical Job Request). Price My Ride will match the User’s mechanical job request with Workshops in the User’s region.
5.2.2 Upon entering your information and a mechanical job request on the Website/App, we will provide you with a list of Workshops in your area (if any) who have expressed an interest in providing a quote/estimate and fulfilling your job requirements. You will be notified of interest in your enquiry from Price My Ride Workshops directly. While we will do our best, we do not guarantee that we will be able to match your repair/service request with a Workshops or that there are Workshops in your area that are capable of or willing to complete your mechanical job request.
5.2.3 We do not:
(a) guarantee or make representations regarding the skills or representations of any Workshop using our Website/App or the quality of the job that he or she may perform for you if you elect to retain their services; or
(b) endorse or recommend the services of any particular Workshop.
5.2.4 Price My Ride is at no time or in no way a party to any contract between you and a Workshop and we are not to be included or mentioned in any such contract.
5.2.5 The Workshops are not employees or agents of Price My Ride.
5.3 Completed Contract: If, following a mechanical job request, a quote/estimate made by a Workshop is accepted by the User, then a contract is deemed to have been made between the User and Workshop unless explicitly stated otherwise.
5.4 Other services: Price My Ride may also provide a feedback mechanism for Users to post feedback about a Workshop used. The terms specific to feedback are set out under paragraph 8;
5.5 Specific Warnings:
5.5.1 The services: We provide a platform to introduce Users who want to request mechanical services and Workshops that provide mechanical services. We do not take any part in the provision of such services other than by providing the services made available on our Website. If a quote/estimate is accepted by a User, a contract of sale will be formed between the Workshop and User directly. We do not act as agent for either party and do not participate in any sale or transaction between you and other Users.
5.5.2 At Your Own Risk: Transactions and all other contact between you and other Users are conducted entirely at your own risk. You agree that Price My Ride takes no responsibility or liability for any misconduct of any of its Users including, without limitation, Users that have registered under false pretences or who attempt to defraud you. Price My Ride gives no undertakings, representations, or warranties in relation to mechanical services requested by a User or quoted/estimated by a Workshop, including:
(a) as to the content, safety, description, worthiness, quality, or legality of the services that are listed on the Website;
(b) as to the accuracy or truth of requests or quotation/estimation;
(c) that any repairer services will meet your requirements or expectations;
(d) about the ability of Users to complete and/or pay for a transaction, including credit/debit card transactions; or
(e) ownership of any item.
5.6 Disclaimer:
5.6.1 You expressly understand and agree that:
(a) your use of the services is at your sole risk. The Website, App and services are provided on an as is and as available basis. To the maximum extent permitted by law Price My Ride disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
(b) Price My Ride does not warrant that i) the services provided will be uninterrupted, timely, secure, or error free, or ii) that any information (including Feedback) provided on the Website is error-free or reliable;
(c) no advice or information that is obtained by you from Price My Ride or anyone else shall create any warranty by Price My Ride that is not expressly stated in the Terms and Conditions; and
(d) responsibility for the content of any advertisements appearing on the Website/App (including hyperlinks to advertisers’ own Websites/App) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute Price My Ride’s recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
5.7 Liability: You agree that, to the maximum extent permitted by law, any liability and responsibility of Price My Ride to you or any other person in connection with these Terms and Conditions, the services or this Website/App is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Price My Ride’s liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data loss of business, general and special damages, and consequential and incidental loss. If for any reason we are found to be liable to a User or Services Agent, our maximum liability whether for breach of contract, negligence or any other reason shall be limited.
5.7.1 in the case of a User, to the amount paid by you to the Workshop in respect of the transaction in which we are held liable;
5.7.2 in the case of a Workshop, to the amount received by you from a User in respect of the transaction in which we are held liable.
5.8 Consumer Guarantees Act: You acknowledge that if the Services are being acquired provided as a business transaction for the purposes of section 43 of the Consumer Guarantees Act 1993, that Act shall not apply to any such Services.
5.9 Price My Ride may de-register any User or Workshop who:
5.9.1 fails to make any payment to Price My Ride or in the case of a User to a Workshop when due; or
5.9.2 in our sole opinion brings the name Price My Ride or the Website into disrepute; or
5.8 Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these Terms and Conditions, your failure to complete a transaction, your use of Price My Ride’s customer ratings, or arising out of any content or item you submit, post, transmit, or make available through the services.
5.9 Breach:
5.9.1 Without limiting any other rights and remedies available to Price My Ride, Price My Ride may limit your activities on the Website/App, remove your requests or account details, warn other Users of your actions, issue a warning to you, suspend or terminate your Registration, or refuse to provide our services to you if you breach these Terms and Conditions or where Price My Ride considers in its sole discretion it appropriate.
5.9.2 Price My Ride does not make any representations or warranties that Users are appropriately licensed, free of bankruptcies or civil or criminal legal judgments, or carry appropriate general and public liability insurance either at the time of registration, during the period they are Users, or thereafter. As circumstances may vary, Price My Ride advises you to satisfy yourself as to the accuracy of the information provided by each User.
6. Intellectual Property
6.1 All content included on this site, such as text, reviews, feedback, graphics, logos, button icons, images, audio clips, software, and mobile applications, are the property of Price My Ride or its content suppliers and protected by New Zealand and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Price My Ride and protected by New Zealand and international copyright laws. All software used on this site is the property of Price My Ride or its software suppliers and is protected by New Zealand and international copyright laws. Any use including the reproduction, modification, distribution, transmission, republication, display, commercialisation or performance of the content on this site is strictly prohibited.
6.2 Price My Ride is a registered trademark of Price My Ride Limited.
PART B (Applies to Users)
7. User Obligations
7.1 Your Obligations as a User:
7.1.1 You must only place a mechanical job request if you intend to pay for the relevant service.
7.1.2 If you choose to complete a transaction with a Workshop, you warrant and represent that you have the legal right to enter into and complete the transaction.
7.1.3 You must make full and prompt payment for any services you purchase from a Workshop.
7.1.4 You agree to your contact details being supplied to the Workshop (as chosen by you) when you make a mechanical job request.
7.1.5 You must not post a job with the intention of targeting Workshops for any other purpose other than completing a specific job. If you would like to target the Price My Ride’s database of Workshops or Users for other reasons, including but not limited to (1) recruiting staff, (2) advertising your products, (3) any other reason, then you must contact us to discuss other options.
8. User Information
8.1 User Details: As a User, you agree that when you submit a mechanical job request on the Website, multiple Workshops may be provided with your contact information and may make contact.
8.2 Contacting Users: By providing this information to us, or by submitting a mechanical job request, you are requesting for Price My Ride’s services, and you expressly consent to being contacted by us and by our Workshops via the Price My Ride chat services, phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, in order for us to provide the services, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to your mechanical job request and our business, including marketing related emails. For complete details on our use of your information, please see our privacy policy.
8.3 Accuracy: You undertake that all information you provide will be accurate, current and correct. If you provide any information that is found to be inaccurate, untrue, or false, or if Price My Ride has reasonable grounds to suspect that such information is inaccurate, untrue or false, Price My Ride has the right to refuse any current or future use of the Website and App (or any portion thereof) by you.
8.4 Indemnity: To knowingly input false information, including but not limited to name, phone number, address or email address is a very serious and fraudulent matter that could result in significant costs and damages including invasion of privacy rights, to Price My Ride and its Workshops, and to consumers as well as the loss of time, effort and expense responding to and pursuing such false information and request, and further, could result in regulatory fines and penalties. Accordingly, if you knowingly input false information in a job or service request, including but not limited to someone else’s name, email address, physical address or phone number or a random or made up name, address, email or phone number you agree to fully indemnify and be liable to Price My Ride and each Workshop who accepts such mechanical job request, for any loss whatsoever that may arise from such intentional, misleading, harmful and fraudulent activity, plus reasonable legal fees, cost and expenses relating thereto.
9. Fees and Accounts*
9.1 User Fees:
- User Registration: Becoming a Price My Ride User is free.
10. Feedback
10.1 Price My Ride encourages Users to provide feedback, ratings and reviews about the Workshop you have used. Price My Ride has the right to publish feedback from Users, including ratings and statistics based on Workshop activity on the Website/App and may use this information to monitor the performance and continued Registration of Workshops.
10.2 Feedback must not contain offensive, defamatory or inappropriate language. Price My Ride the sole right to determine what is considered offensive, defamatory or inappropriate language. Feedback must be factual, and not contain offensive, defamatory or inappropriate language.
10.3 You may only give User feedback that relates to a specific transaction. You must not post feedback on a transaction that does not relate to that specific transaction.
10.4 You must not post feedback about yourself or include any contact details or personal information in your feedback.
10.5 Feedback is provided for the sole purpose of facilitating dealings between Users and Workshops on the Website. You must not market or export any feedback to any venue other than the Website/App.
10.6 Price My Ride accepts no responsibility for any offensive, defamatory or inappropriate feedback submitted on the Website.
PART C (Applies to Workshops)
11. Workshop Obligations
11.1 Your Obligations as a Workshop:
11.1.1 You will only provide quotes/estimates to Users that are accurate, current, complete, and include all relevant information about the terms of repair services and payment terms.
11.1.2 You will only provide a quote/estimate for the jobs if such jobs can be provided.
11.1.3 You agree to your email address and contact details being supplied to the User in respect of a request.
11.1.4 You agree to pay applicable subscription fees to Price My Ride on presentation of invoice or/and by the due date.
11.1.5 When a quote or final price is agreed upon the Workshop must provide Price My Ride with the agreed amount.
11.1.6 You agree to abide by any promotions, specials or similar offered to Users by Price My Ride, either through the website or a third party.
11.1.7 If you are not satisfied with a review that has been placed you may not threaten, coerce or intimidate a user into changing a review. If you believe a review is offensive, insulting, or defamatory please contact Price My Ride.
12. Fees and Accounts
12.1 Workshop Fees:
12.1.1 Any fee payable to Price My Ride will be invoiced to the Workshop by Price My Ride and payable within the period indicated on the invoice.
12.1.2 Price My Ride has the right to change the fees charged for any of our services at any time. In the event that we introduce a new service, the fees for that service are effective at the launch of the service, unless otherwise stated.
12.1.3 All fees are exclusive of GST and are in New Zealand Dollars unless otherwise stated.
12.1.4 Price My Ride has 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 $20 administrative fee) that Price My Ride incurs in collecting that debt.
12.1.5 Currency: All fees are in New Zealand dollars (NZD). 12.1.6 Terms of payment: Our Subscription fee invoices have payment terms as described on the invoice.
12.1.7 Subscription fee is paid for on a subscription basis in advance. Refunds will not be given. Price My Ride does not guarantee that any Workshops will be granted any particular job, or that Workshops will secure work from the jobs they apply for. Price My Ride will not be responsible to you or any third party for any losses or costs that may result or arise out of you not updating or cancelling your agreement prior to the renewal date. From time to time Price My Ride may change its Subscription Membership prices. Provided we give you 14 days notice of a pricing change, if you do not cancel before your scheduled renewal you have agreed to the new price. You agree that having a membership does not remove Price My Ride right to Limit or Terminate your services. You agree that Price My Ride has the right to change the features of the Subscription Membership.
12.2 Overdue accounts: You agree you are responsible for paying our invoices within the payment terms of the invoice. If your account has an invoice which is overdue your account will be automatically restricted. Past due balances will be subject to a finance charge of 1.5% per month.
12.3 Credits or refunds: Credits or refunds may occasionally be offered in other circumstances at the discretion of Price My Ride.
12.4 Receiving invoices: You agree to receive all invoices by email to the email address you have given to us. It is your responsibility to ensure that this email address is working correctly.
12.5 Authorisation: You must be authorised by the company or individual for which you are creating an account. Unauthorised registration of a company or individual which you do not have permission will be considered fraudulent behaviour, which may result in regulatory fines, penalties and/or referring the matter to the police.