Website terms and conditions of use
1. ACCEPTANCE OF TERMS
The website www.thecarguys.co.nz (“the Site”) is a site operated by JMTR Holding Limited (“We, TCG”). We are registered in New Zealand under company number 8131603 and have our registered office at Tower Building, Centre Place, 48 Ward Street, Hamilton 3240 . We are a limited company. By accessing and using this website you agree to be bound by and to act in accordance with these Terms and Conditions and our Privacy Policy. If you do not wish to be bound by these terms you should not use the Site.
2. INFORMATION ON OUR SITE
We do our best to ensure that the information on the Site is accurate and helpful at all times. However, the information is general in nature, and is intended as a guide only to the types of products and services offered by TCG. Users are advised to consult with TCG and to check any product or service information for specific information.
3. YOUR USE OF OUR SITE
You must not under any circumstances seek to undermine the security of the Site or any information submitted to or available through it. In particular, but without limitation, you must not seek to access, alter or delete any information to which you do not have authorised access, seek to overload the system via spamming or flooding, take any action or use any device, routine or software to crash, delay, damage or otherwise interfere with the operation of this Site or attempt to decipher, disassemble or modify any of the software, coding or information comprised in the Site. You are solely responsible for any information submitted by you to our site. You are responsible for ensuring that all information supplied by you is accurate, up-to-date and not misleading or likely to mislead or deceive.
4. LINKS TO THIRD PARTY SITES
This Site may include links to other websites which are not owned, operated, or controlled by TCG (“Third Party Websites”). TCG provides you with such links solely for your convenience. The inclusion of such links does not mean or imply that TCG endorses the Third Party Websites, its availability or contents or any agreement or understanding you enter into with a third party through a Third Party Website. TCG does not accept any liability for any loss, damage, expense, costs or liability whatsoever incurred by you in respect of these Third Party Websites.
5. INTELLECTUAL PROPERTY
The copyright in the content and material contained on, in or available through this Site including without limitation all information, data, text, photographs, graphics or other materials and the selection and arrangement thereof, and all source code, software compilations and other material (“Material”) is owned by or licensed to TCG, its group companies or affiliates. All rights are reserved. You do not have any right, interest or title in or to the Material unless otherwise expressly indicated.
The trade marks, service marks and logos (“Trade Marks”) contained on or in this Site are registered and/or owned by or licensed to TCG, its group companies or affiliates. You may not reproduce part or all of the contents of the Site in any form unless it is fir personal and non commercial use. Except as specifically authorised above, you may not copy or otherwise incorporate into or store in any other website electronic retrieval system, publication or other work any of the Material in any form (whether hard copy, electronic or other). You may not frame or link to the Site or any part of it without our express permission.
Save as expressly stated or as necessary to view, print or download extracts of the Material for personal and non commercial use, none of the Trade Marks or Material may be copied, edited, varied, reproduced, published, displayed, distributed, stored, transmitted, commercially exploited or disseminated in any form whatsoever without the prior written consent of TCG. You agree to indemnify and keep indemnified, us, our officers, directors, agents, licensors, successors and assigns against all liabilities, costs, losses, damage and expenses, including without limitation legal fees incurred by us should you breach any of the terms of this section (Intellectual Property).
6. DISCLAIMER/LIABILITY
1. Use of this Site, Third Party Websites, links to the Third Party Websites, and any information available via the Site is at your own risk. To the maximum extent permitted by law TCG disclaims all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to this Site, Third Party Websites, links to Third Party Websites, and information available via the Site.
2. We do our best to ensure that the Site operates properly at all times, but we make no warranties as to the availability or accessibility of the Site, and (save as otherwise set out in these Terms and Conditions) we will not be liable for any damages, loss, costs or expenses incurred by you as a result of any lack of availability or accessibility of the Site.
3. TCG will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with this Site, any Third Party Websites, links to Third Party Websites, the information or any products or services offered on or through this Site or Third Party Website, whether by TCG or on its behalf, for any:
1. economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or
2. loss of goodwill or reputation; or
3. special or indirect or consequential loss.
4. If TCG is liable to you directly or indirectly in relation to this Site, any Third Party Websites, links to Third Party Websites, information on the Site or any products or services offered on or through this Site or Third Party Website, that liability (howsoever arising) shall be limited to $100.
5. TCG will not be liable for any loss, damage, expense, costs, delays or other liability whatsoever (including without limitation any financial losses such as loss of profit) which you may incur as a result of any event beyond our reasonable control (including without limitation any failure of transmission, communication, computer or other facilities or your inability to access the Site for any reason or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium).
6. Nothing in these Terms and Conditions shall be construed as excluding or limiting the liability of TCG or its group companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by New Zealand law.
7. Where you deal as a consumer, nothing in the above exclusions affects your statutory rights.
7. PRIVACY POLICY
If you provide information to TCG on or through this Site, TCG will use it in accordance with the terms of its Privacy Policy. That Privacy Policy forms part of these Terms and Conditions and by using this Site you acknowledge and agree that you accept the terms of that Privacy Policy.
8. GENERAL
These Terms and Conditions (as amended from time to time) constitute the entire agreement between you and TCG concerning your use of this Site and supersede any previous arrangement, agreement, undertaking or proposal, written or oral between you and TCG in relation to such matters. TCG reserves the right to update these Terms and Conditions from time to time. If it does so, the updated version will be effective as soon as it is uploaded on to this Site and your continued use of the Site will constitute your acceptance of such updated Terms and Conditions. No other variation to these Terms and Conditions shall be effective unless in writing and signed by an authorised representative on behalf of TCG . You should check the Terms and Conditions periodically to ensure that you are aware of and complying with the current version.
These Terms and Conditions shall be governed by and construed in accordance with New Zealand law and you agree to submit to the exclusive jurisdiction of the New Zealand Courts. If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect. TCG failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by TCG in writing. Unless otherwise expressly stated, nothing in the Terms and Conditions shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you, TCG and its group of companies.
JMTR Holding Ltd (“we”, “us”) and potential lenders, insurers, service providers, vehicle suppliers and agents will use your personal details (including sensitive personal data) and information we obtain from other sources to deal with your enquiries, consider your application, including carrying out credit searches, for marketing and to ensure that the services and advertising we offer are tailored to your needs and interests. We, potential lenders, insurers, service providers and agents may contact you by mail, telephone, email or other electronic messaging service with offers of products or services that may be of interest to you. By providing us with your contact details, you agree to being contacted by the methods and for the purposes set out in, and in accordance with, our Privacy Policy. In assessing your car loan application, we will make enquiries about you including searching your record with the credit reference agencies. You consent to us disclosing details of your finance application and we may use a ‘credit scoring’ or other automated process in deciding whether to accept your application. Your information may also be sent to a 3rd party lender for further loan options who may also search your record with the credit reference agencies. If false or inaccurate information is provided and fraud is identified, details will be passed to fraud prevention agencies to prevent fraud and money laundering. Further details explaining how the information held by fraud prevention agencies may be used can be obtained by contacting us on 0800 114 974
CREDIT GUIDE – CarPow
A Credit Guide sets out important information about the services that we provide as a broker, any fees and commission payable to us, our responsible lending obligations and our internal and external dispute resolution procedures and how you can access them.
We are required to provide this Credit Guide to you as soon as practicable after it becomes apparent that we are likely to provide credit assistance to you.
CarPow (Carpow.co.nz) herein referred to as “CarPow”
What is credit assistance
We provide credit assistance when we:
• Suggest or assist you to apply for a particular credit contract with a particular credit provider; or
• Suggest or assist you to apply for an increase to the credit limit of a particular credit contract with a particular credit provider; or
• Suggest you remain in a particular credit contract with a particular credit provider; or
• Suggest the insurance products provided under the contract will meet the borrower’s requirements and objectives;
Which providers do we utilise when providing credit assistance
We source credit products from a limited number of banks, lenders, other credit providers, and insurance providers. At present, we can write loans with the following banks, lenders, other credit providers, and insurance providers:
How will I pay for the credit assistance
Fees depend on the extent of work we need to undertake on your behalf. The actual amount will be confirmed in the credit proposal we present to you prior to your acceptance of the credit obtained. This fee is only payable if you accept the credit proposal.
We will provide you with a credit quote containing details of fees and any payments made to us before we provide you with credit assistance.
What information is required to receive credit assistance
Before we provide you with credit assistance, we are required to complete a Preliminary Assessment. This preliminary assessment makes enquiries about:
• your requirements and objectives for seeking a credit product;
• your requirements and objectives for seeking an insurance product;
• your financial and relevant personal situation; and
• your repayment capacity.
We may also request documentation in order to verify the information contained in the preliminary assessment. This will normally involve requesting copies of recent bank statements, pay slips, letter of employment, and your current drivers licence, and in some cases entry visas.
What information is kept on my credit file and can I examine my file.
We maintain a record of your personal profile including details gathered as part of our preliminary assessment.You are entitled to request a copy of this assessment, and we must give you a copy if requested.
There is no charge for requesting or receiving a copy of the Preliminary Assessment:
• at any time during the first 2 years – we must provide it within 7 business days; or
• between 2 years and 7 years after it was conducted – we must provide it within 21 business days.
Are commissions, fees or other benefits paid to CarPow by the credit provider
When we provide you with credit assistance, we (or our directors, employees and authorised credit representatives) receive commissions from the credit providers involved. These fees and commissions are only received should you take up the credit proposal. We may receive the following commissions when we provide credit assistance to you:
• Brokerage commissions.
• Insurance commission from the Insurers whom we act as agents; and
• Finance commissions based on the volume of business placed with the credit provider.
We can provide, on request, a reasonable estimate of the commission, fees and benefits and how they are calculated.
Are commissions paid by CarPow to other parties
We may pay a referral fee to people or organisations that refer clients to us who receive credit assistance. All amounts paid to the referrer are from our share of the commissions. A referral fee is paid to the referrer by CarPow on settlement. We can provide, on request, a reasonable estimate of the commission and how it is calculated.
What is a suitability assessment
By law, we must not provide you with credit assistance if the credit contract is unsuitable for you. If unsuitable, we cannot:
• Suggest or assist you to apply for a particular credit contract with a particular credit provider; or
• Suggest or assist you to apply for an increase to the credit limit of a particular credit contract with a particular credit provider; or
• Suggest that you remain in your particular credit contract with your particular credit provider; or
• Suggest insurance products with a particular insurance provider
• Assist you to reach an informed decision as to whether or not to enter into the contract and to be reasonably aware of the full implications of entering into the contract, including by ensuring that— “(i) any advertising distributed by the credit provider, and insurance provider is not, or is not likely to be, misleading, deceptive, or confusing; and
“(ii) any information provided by the credit provider, and insurance provider to you is not presented in a manner that is, or is likely to be, misleading, deceptive, or confusing.
When is a credit contract unsuitable?
A credit contract will be unsuitable if:
• It is likely that you will be unable to comply with the financial obligations under the credit contract; or
• It is likely that you could only comply with the financial obligations with substantial hardship (such as having to sell your principal place of residence); or
• It is likely that the credit contract will not meet your stated requirements or objectives; or
• The insurance products provided under the contract do not meet the your requirements and objectives
• If you are required to take out income-protection insurance and the credit provider knew that you were unemployed; or
• If you were required to take our insurance for goods bought on credit and the credit provider reasonably ought to have known you already had contents insurance that would cover the goods; or
• You were sold a warranty that simply duplicates the manufacturer’s warranty, such as a 12 month warranty on goods that have an 18 month manufacturer’s warranty.
We want to ensure that the credit products you select with us are suitable for your needs. It is important that you openly and honestly discuss with us your requirements, objectives, preferences, financial situation and repayment capacity.
Does a borrower have to buy any of these services?
Maybe. Sometimes, a credit provider won’t provide credit unless you buy one or all of these products. But a credit provider can’t require you to buy credit-related insurance, extended warranty or a repayment waiver, if it’s not reasonable in the circumstances. Buying any of these services is optional.
Depending on your circumstances it may be unreasonable for a credit provider, or insurance provider to sell these services. In this case you and the credit provider have to make a choice. The credit provider can provide credit (without the protections these services would provide) or not give the credit at all. If the credit provider extends the credit, then they may modify the original terms. This may involve reducing the credit limit, increasing the interest rate on the credit proposal, or both. Credit providers don’t have to give credit to everybody – they can choose who to lend to and who not to lend to.
What should I do if I have a complaint about the Credit Licensee
If you have a complaint or concern about the service provided to you by us, please contact our Complaints Resolution Manager. As part of the Internal Dispute Resolution policy they will investigate the matter and endeavour to address it as quickly as possible.
Complaints Provider
Financial Complaints Services Limited – Member Number 7632