Website Terms

TERMS OF USE

 

1. INTRODUCTION:

1.1 These Terms and Conditions of Use ("Terms") govern your use of this website. By accessing and browsing this website you agree to be bound, without limitation or qualification, to these Terms.

1.2 Archibald & Shorter is owned and operated by parent company Giltrap Group, and is subject to Terms and Conditions of Use associated with the use and supply of Giltrap Group digital properties and information.

2. JURISDICTION:

2.1 This website is provided to give information on Archibald & Shorter ("Giltrap") and its related entities in New Zealand only. Any and all dealings and use of this website are governed by and shall be construed in accordance with New Zealand law. By accessing this website you unconditionally and irrevocably submit to the non-exclusive jurisdiction of the High Court of New Zealand.

3. INTELLECTUAL PROPERTY:

3.1 The text, images, graphics, sound files, animation files, video files, and their arrangement are all subject to copyright and other intellectual property protection. These objects may not be copied for use or distribution, nor may these objects be modified or reposted to other websites. This website may also contain images that are subject to the copyright of third parties.

3.2 Unless otherwise indicated, all marks displayed on this website are subject to the New Zealand trade mark rights of Giltrap and its associated entities or are used with the permission of the relevant third parties. The unauthorised use of any trade mark displayed on this website is strictly prohibited.

4. USE OF WEBSITE:

4.1 Giltrap accepts no liability for any errors, nor does it accept liability for any loss caused, whether direct, indirect or consequential (and whether in contract, tort (including negligence) or otherwise), however arising as a result of or in connection with your use of this website. Your use of this website is at your own risk.

4.2 This website is provided by Giltrap on an "as is" basis.

4.3 Giltrap makes no representations or warranties of any kind, express or implied, as to availability, description or the price of any of the vehicles listed on this website. The information on this website is provided for your information and reference only. It is not provided with the intention that you will rely on the information for any purpose.

4.4 The advertising on this website does not constitute an offer to sell any vehicle.

4.5 The prices listed on this website include GST.

5. CHANGES:

5.1 While all care has been taken to ensure that the information presented on this website is accurate, changes and/or errors may occur. Giltrap reserves the right to make changes at any time without notice to the prices, materials, equipment, specifications, models and availability of the vehicles specified on this website.

5.2 Giltrap reserves the right, at Giltrap's discretion, to update or revise these Terms. Your continued use of this website following the posting of any changes indicates your acceptance of those changes.

6. PRIVACY:

6.1 You may be asked to give us personal information when you visit this website. It is your option to provide the information requested, but if you choose not to, we may not be able to make the full benefits of this website available to you. If you give us personal information, that information will be maintained in accordance with the New Zealand Privacy Act 1993.

6.2 Giltrap may use the personal information collected on this website for the following purposes:

- to enable the features of the Website, to improve the Website by determining which of our products, features and services are most popular, and to personalise the experience of the users of the Website;

- to establish, maintain and improve our customer relationship with you and provide you with offers, incentives, marketing programs or promotional material about us and our automotive products and services, such as brochures and newsletters;

- to more effectively market to you our vehicles, vehicle parts, accessories and services by better understanding your automotive product and service needs and preferences;

- to improve the automotive products and services we offer through market and product analysis, customer surveys conducted by us or third parties and participation in market research studies conducted by third parties;

- to compile aggregate data for internal and external business purposes and generate and review reports and data about our customer and service usage patterns;

- to provide you with individual customer care, assist in administering your vehicle purchase, lease, warranty, any extended service plan, Roadside Assistance, or ongoing vehicle service, including advising you of any product recalls or customer notifications with respect to your vehicle, arranging for our retailers to obtain required vehicles and parts on a timely basis to meet your needs;

- to arrange for or provide you with services you request and respond to your comments, concerns or requests for information;

- to provide you with offers and information about related automotive products offered by others which we think may be of interest to you; and

- to communicate with you, as permitted by law, and to inform you about our and third parties’ products, services, events and general special offers.

We may also use your personal information for other purposes which are disclosed to you, and to which you consent (whether expressly or by implication by providing us with your personal information with knowledge of how we intend to use it), or to meet our legal obligations.

We may also collect and use your personal information without your consent for purposes that are permitted by applicable law, including but not limited to meeting our legal obligations, assisting in the investigation of a breach of an agreement or a law, assisting in law enforcement purposes, and protecting our and our customers’ business interests.

6.3 Information may be stored, processed and, if necessary to achieve one or more of the purposes set out in clause 6.2, passed onto: (i) other entities within or associated to “Giltrap” and to our and their affiliates, agencies, suppliers, and licensees; (ii) Jaguar Land Rover Limited, Volvo Car Group and its affiliated or associated companies, and to the suppliers, dealers, agents, and licensees of Jaguar Land Rover Limited, Volvo Car Group and its affiliates or associated companies; (iii) Motorcorp Distributors Limited and Scandinavian Vehicle Distributors and their affiliated or associated companies and to the suppliers, dealers, agents, and licensees of Motorcorp Distributors Limited and Scandinavian Vehicle Distributors and their affiliated or associated companies; (iv) any other entities with which we have directly or indirectly arranged services on your behalf, (in each case, a “Permitted Recipient”). A Permitted Recipient of your personal information shall only be entitled to use your personal information as required for the purposes for which it was provided to them.  If a Permitted Recipient is in a jurisdiction outside of New Zealand, the information held by that Permitted Recipient may be subject to that jurisdiction, including access requests from government, courts, or law enforcement in that jurisdiction.

6.4  The information collected through this website is stored and controlled in New Zealand by Giltrap (and its related parties) and Motorcorp Distributors Limited and Scandinavian Vehicle Distributors and in the United Kingdom by Jaguar Land Rover Limited and Volvo Car Group

6.5 By using our Website and by providing us with your personal information you consent to being contacted by us and/or a Permitted Recipient using the contract details you have provided (including, without limitation, via direct mailing, email, SMS, telephone call, and other phone number based messaging) in connection with one or more of the purposes for which your information was collected in accordance with this Privacy Policy.

6.6 All information collected on this website that is not expressly disclosed by you will be held and used on an anonymous basis. Giltrap may track your website usage for the purpose of collecting information relating to your access to, and use of, this website using "cookies". A cookie is a small data file that the website may write to your computer's hard drive to keep records of your website usage, and to authenticate that you are permitted to use the website. You can disable cookies at any time by turning them off in your browser. However, you may not be able to access some areas of the website and/or some areas of the website may not function properly if you do so.

6.7 Giltrap will endeavor to ensure that the personal information you provide is kept confidential between entities within or associated to the Archibald and Shorter, except where required by law or as permitted under clause 6.2 and clause 6.3.  However, Giltrap will not be responsible for any breaches of security caused by third parties and does not represent that the website is completely secure.

6.8 You may request access to any readily retrievable information held about you and, where that information is inaccurate, ask for it to be corrected.

6.9 The information we collect may include your name, contact details (including physical and postal address, email address and telephone numbers), drivers’ licence number, biographical information (such as household date, preferences, and demographic information), information on how you use our products and services (such as information on your browsing activity when visiting this website), details of the vehicle(s) you own and the service plan schedule for your vehicle(s), financial and credit information shared with us by our financial service providers, information about  your use of or interest in our products and services, and any other information you choose to submit.  Where possible, we will collect the information directly from you.  This information may be held by us only for so long as is required for the purposes for which the information may lawfully be used in accordance with this Privacy Policy. 

7. ANALYTICS:

7.1 This site uses Google and ClickDimensions web analytics services. These services may record mouse clicks, mouse movements, scrolling activity as well as any text you type in this website. These services do not collect personally identifiable information that you do not voluntarily enter in this website. These services do not track your browsing habits across web sites that are not the property of the Giltrap Group.

 

Commencing 1 August 2019, we are required to comply with the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (AML/CFT). Under this legislation if you decide to pay for a motor vehicle using cash, cheque, or any other bearer negotiable instrument we may be required to gather information from you before completing the sales transaction. This will normally include your driver’s licence or passport and proof of address documents.   You do not need to provide this additional information if you choose to pay by electronic methods such as direct debit, debit card, or credit card.