Trade Terms and Conditions of Use
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Introduction
Cheetah Cars and its affiliates provide their services to you subject to the following conditions. If you visit or shop at Cheetahcars.co.nz you accept these conditions. Please read them carefully. In addition, when you use any current or future Cheetah Cars service or visit or purchase from any business affiliated with Cheetah Cars, whether or not included in the Cheetah Cars Website, you also will be subject to the guidelines and conditions applicable to such service or business.
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Electronic communications
When you visit CheetahCars.co.nz or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
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License and site access
Cheetah Cars grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Cheetah Cars. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Cheetah Cars. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Cheetahcars.co.nz and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Cheetah Cars name or trademarks without the express written consent of Cheetah Cars. Any unauthorised use terminates the permission or license granted by Cheetah Cars. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Cheetahcars.co.nz so long as the link does not portray Cheetah Cars, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Cheetah Cars logo or other proprietary graphic or trademark as part of the link without express written permission.
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Reviews, comments, communications and other content
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Cheetah Cars reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Cheetah Cars and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Cheetahcars.co.nz and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Cheetah Cars or its affiliates for all claims resulting from content you supply. Cheetah Cars has the right but not the obligation to monitor and edit or remove any activity or content. Cheetah Cars takes no responsibility and assumes no liability for any content posted by you or any third party.
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Disclaimer of warantees and limitation of liability
THIS SITE IS PROVIDED BY CHEETAH CARS ON AN "AS IS" AND "AS AVAILABLE" BASIS. CHEETAH CARS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CHEETAH CARS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CHEETAH CARS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM CHEETAH CARS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CHEETAH CARS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
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Applicable law
By visiting Cheetahcars.co.nz, you agree that the laws of New Zealand, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Cheetah Cars or its affiliates.
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Disputes
Any dispute relating in any way to your visit to Cheetahcars.co.nz or to products you purchase through Cheetah Cars shall be submitted to confidential arbitration in Auckland, New Zealand, except that, to the extent you have in any manner violated or threatened to violate Cheetah Cars' intellectual property rights, Cheetah Cars may seek injunctive or other appropriate relief in any court in New Zealand, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of an independent arbitrator. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
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Site policies, modification, and serverability
Please review our other policies, posted on this site. These policies also govern your visit to Cheetahcars.co.nz. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.