Terms and Conditions
1. DEFINITIONS
The references to "we", "us" and "our" are references to Bowater Motor Group and all associated companies within described group such as Bowater Toyota, Bowater Hyundai, Bowater Renault, Bowater Isuzu, Bowater Finance, The BMG Store, & Bowater Motors.
2. ACCEPTANCE OF THESE TERMS OF USE
By using this website, and in the event you choose to create a BMG Community Profile to access our BMG Community Bonus Features, you accept these Terms of Use and are bound by them. If you do not accept these Terms of Use, you are advised to not use this website.
Additional terms may apply to specific goods or services or online tools or functions provided through or on this website. Where we indicate on this website that additional terms apply, you must read these Terms of Use in conjunction with those additional terms. If there is any inconsistency between these Terms of Use and those additional terms, the additional terms will prevail (unless we expressly tell you otherwise).
The very legal bit....
BY ENTERING THIS SITE YOU ACKNOWLEDGE AND AGREE TO ALL TERMS AND CONDITIONS STATED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.
BY ENTERING THIS SITE YOU ACKNOWLEDGE AND AGREE THAT THIS SITE IS INTENDED FOR VIEWING WITHIN NEW ZEALAND ONLY AND WILL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO NEW ZEALAND LAW AND YOU SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF NEW ZEALAND. IF YOU USE THIS SITE FROM OTHER LOCATIONS YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LOCAL LAWS. THE BOWATER MOTOR GROUP MAKES NO REPRESENTATIONS THAT THE MATERIALS CONTAINED WITHIN THIS SITE ARE APPROPRIATE FOR LOCATIONS OUTSIDE NEW ZEALAND. ANY AND ALL INFORMATION CONTAINED HEREIN, INCLUDING BUT NOT LIMITED TO INFORMATION REGARDING AUTOMOBILES AND AUTOMOBILE SERVICES, APPLIES ONLY TO THOSE PROVIDED OR OFFERED WITHIN NEW ZEALAND.
3. AMENDMENTS TO THESE TERMS OF USE
We may amend these Terms of Use in whole or in part from time to time. Amendments will be effective immediately when we post the amended Terms of Use on this website. You are responsible for ensuring you are familiar with the latest Terms of Use. By continuing to use this website, you agree to be bound by the Terms of Use as amended (whether or not you have received any amendments).
4. REGISTERING AS A BMG COMMUNITY MEMBER
You may only register as a user of this website if you have the capacity to form a legally binding contract. By registering as a user you warrant that you have such capacity.
By registering as a user and supplying your personal information to The Bowater Motor Group you warrant that your personal information is complete and accurate. You must maintain your personal information so as to ensure it remains complete and accurate at all times.
We may decline to register you as a user or we may decide to terminate your registration for any reason and without consultation with you.
It is your responsibility to keep your login information confidential and secure. You must not disclose your login information to any third party.
You must not register as a user under multiple names or identities.
5. INTELLECTUAL PROPERTY RIGHTS IN WEBSITE
We (and our parent Franchisors or suppliers, as the case may be) own all intellectual property rights in this website, including all of the content of this website (such as text, graphics, logos, icons and sound recordings) and all designs, written content and media forming all or part of this website.
6. ACCEPTABLE USE
You may not without our prior written permission, in any form or by any means:
adapt, reproduce, copy, store, distribute (except by using the 'share' function), print, display, perform, publish or create adaptations from any part of this website (including the content of this website);
or
commercialise, copy, or on-sell any information, or materials obtained from any part of this website (including the content of this website).
You agree to use this website in a manner that complies with all applicable laws and regulations and that does not infringe our rights, nor the rights of anyone else, nor restricts or inhibits their use and enjoyment of this website. Without limiting this, in particular, you agree not to:
- damage or harm this website, or any underlying or connected network or system;
- use a harvesting bot, robot, spider, scraper, or other unauthorised automated means to access this website or content featured on it for any purpose;
- introduce any viruses, content or code to this website which is technologically harmful;
- use this website to do anything unlawful, misleading, malicious, or discriminatory;
- do anything that could disable, overburden, or impair the proper working of this website, such as a denial of service attack; or
facilitate or encourage any violations of these Terms of Use.
7. INDEMNITY
You agree to 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 of Use.
7.1 You also agree to indemnify The Bowater Motor Group and its officers, agents, advisers, contractors and employees against any actions, proceedings, losses, damages, liabilities, claims, costs and expenses including fines, penalties, legal and other professional costs on a full indemnity basis that Bowater Motor Group or any of its officers, agents, advisers, contractors or employees incurs of suffers as a direct or indirect result of a breach of these terms and conditions by you or your use of this website and the services.
7.2. Without limiting the indemnity in clause 7.1, the indemnity in clause 7.1 extends to The Bowater Motor Group’s liability to third parties arising out of your breach of these terms and conditions. The indemnity applies whether or not Bowater Motor Group has been negligent or is at fault and does not limit any further rights of the Bowater Motor Group.
7.3. For the purpose of section 4 of the Contracts (Privity) Act 1982, the undertakings contained in clauses 7.1 and 7.2 are intended to create a benefit in favour of, and enforceable by, Bowater Motor Group’s officers, agents, advisers, contractors and employees.
8. LEGAL DISCLAIMER
Except as required by law, neither we nor our affiliated Franchisors will be liable in any way whatsoever to any person for any cause of action arising directly or indirectly out of the information contained in this website or these Terms of Use. Further, we and our franchisors are not bound in any way to offer, make available or provide any of the goods or services referred to in this website.
9. GOVERNING LAW
This website and these Terms of Use is governed by the laws of New Zealand. When you access this website, you submit to the exclusive jurisdiction of the New Zealand courts.
10. VIRUS PROTECTION
It is your responsibility to ensure that your computer has adequate and regularly updated virus protection and Bowater Motor Group shall have no liability arising from any infection of your computer howsoever caused.
We shall be entitled to reject any electronic communication that contains a virus or malicious code and shall have no liability arising from any such rejection.
11. ACCURACY OF INFORMATION
While all reasonable endeavours have been made to ensure all of the information contained in this website is accurate as at 1st June 2024, the information may not be accurate at the time you view this site because of changes over time. For instance, the vehicles, accessories and prices displayed may no longer be available and the interest rates displayed on archived content may have change. Further, we and our franchisors may, for any reason and at any time without notice, introduce any other changes to this website that we deem necessary. Please discuss any specific information with your chosen Bowater Motor Group business (eg Bowater Toyota) directly to confirm the information shown.
The colours on this web site may differ from actual colours due to variations in the electronic rendering process. Furthermore, the images and content of this website may have been sourced globally and may differ to New Zealand specification.
12. HOW LONG WE RETAIN YOUR DATA
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
13. WHAT RIGHTS YOU HAVE OVER YOUR DATA
If you have an account on this site, or have left comments (in the event we activate this feature), you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
- Hits: 591