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AutoBase

AutoBase Terms and Conditions

General Terms


Welcome to AutoBase, the dealer-only doorway to Trade Me Motors. AutoBase advertises motor vehicles available for sale by registered motor vehicle traders, and supplies motor vehicle listings to Trade Me Motors.

This site is owned and maintained by Trade Me Limited, trading as AutoBase (“AutoBase”).

These terms govern your use of the site. If you do not accept these terms you must not use the site.

If you are a registered motor vehicle trader and wish to engage AutoBase to provide any services for you, including (without limitation) advertising vehicles on this site, you must first enter into an agreement with AutoBase (a “Dealer Agreement”) which governs the provisions of those services. These terms form part of your Dealer Agreement.

These terms may be amended in whole or in part by AutoBase from time to time. Amendments will be effective immediately upon posting on this website. You are responsible for ensuring you are familiar with the latest terms. Your continued use of the website represents your agreement to be bound by the terms as amended.

These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.

Exclusion of Liability


Your use of this site is at your own risk. You acknowledge that AutoBase takes no responsibility or liability for your use of this site, including (without limitation) any responsibility or liability for any vehicle you purchase which may have been advertised on this site and AutoBase gives no undertaking, representation, or warranty in relation to the vehicles listed on this site.

You agree that, to the maximum extent permitted by law, any and all liability and responsibility of AutoBase to you or any other person under or in connection with these terms, or in connection with this site, or your use of or inability to use it, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise.

AutoBase’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 or anticipated savings, general and special damages, and consequential and incidental loss.

You agree to release, indemnify and keep AutoBase indemnified 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 breach of your Dealer Agreement, your failure to complete a transaction, or arising out of any content or item you submit, post, transmit, or make available through this site.

Motor Vehicle Dealers


To use this site to advertise cars, or to engage AutoBase to provide any services to you, you must be a registered motor vehicle trader and enter into a Dealer Agreement with AutoBase.

AutoBase may terminate your Dealer Agreement immediately without notice if you fail to maintain your registered motor vehicle trader status.

If you are advertising on Trade Me through AutoBase you agree to be bound by the Trade Me Terms and Conditions. AutoBase will use its best efforts to communicate these obligations to you and to work with you to remedy any breach that may occur. Trade Me reserves the right to refuse listings for any user who breaches its Terms and Conditions.

Listings


By listing any item on AutoBase you accept the following:

  • You will maintain stock at least once a week and delete sold vehicles as soon as possible.
  • All listings supplied will be accurate, legally compliant and not contain any offensive or otherwise objectionable content.
  • You agree not to withdraw and re-list items in order to artificially elevate the listing presence on the Trade Me Motors or AutoBase websites.
  • You agree not to display any URLs, including any hyperlinks to websites, within a Trade Me Motors listing unless you have written authorisation from AutoBase.
  • You must not use this service to promote any item other than the item for sale in your listing.
  • You agree not to include your email address, phone number or any other contact detail within the description of listings or listing comments or photos.
  • We reserve the right to withdraw any listing that is not listed in the most relevant category or does not, at our sole discretion, meet our terms and conditions or minimum quality requirements.

You must not use AutoBase to list anything that is illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or unsafe, anything which infringes copyright or the other intellectual property rights of any third party, items which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any item of which the sale is prohibited by, or violates any, law. You are responsible for ensuring that any listing by you does not breach these terms.

You acknowledge that AutoBase may disclose your personal information, including your name and contact details, to any relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of these terms at any time.

Accounts


You can create an AutoBase account. If you do, AutoBase will collect information about you including your name, email address, and technical information about your use of the AutoBase site. We hold and use this information in accordance with our Privacy Policy.

In creating account, you agree that we may send you marketing emails from time to time. You can always unsubscribe from these using the link provided in the email.

You are responsible for keeping your login information secure.

Cancellation by Dealers


If you cancel your Dealer Agreement any time prior to the expiration of the ‘Minimum Advertising Period’ the balance of contract period is payable upon cancellation.

Outside of the ‘Minimum Advertising Period’, one month’s notice in writing is required to cancel your Dealer Agreement.

Cancellation by AutoBase


If you default in any payment due to AutoBase, if you are in breach of any of your obligations under your Dealer Agreement (including, without limitation, these terms or the terms and conditions of trademe.co.nz), if you commit any act of bankruptcy or do (or omit to do) anything which would render you liable to be wound up or have a receiver appointed, AutoBase may immediately terminate your Dealer Agreement without prejudice to any other rights it may have and payment of all costs under that Dealer Agreement shall immediately become due and payable.

Intellectual Property


You represent and warrant that you are the owner of, or you are authorised to use, any material supplied by you to AutoBase and you agree to indemnify AutoBase against any and all costs associated with any claim by any third party that AutoBase has infringed any party’s intellectual property (or other) rights by the use of any material supplied by you.

AutoBase (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in this site (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of this site.

You may not without our prior written permission, in any form or by any means, adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this site, or commercialise, copy, or on-sell any information, or items obtained from any part of this site.

Waiver


If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.

If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.