AA Carfair terms and conditions

The www.aacarfair.co.nz website ("Website") is owned by The New Zealand Automobile Association Incorporated ("AA") and is operated both by AA and by ACP media Limited ("ACP Media"). Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Website (known collectively as "Terms of Use"). Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use. AA and/or ACP Media reserves the right to amend the Terms of Use at any time. Since you are bound by these Terms of Use, you should periodically refer to them on the Website.

Intellectual property and restrictions on use of Content

All information and materials including text, images, graphics, sound, software and advertisements on the Website ("Content") are Copyright 2006 AA and/or ACP Media, its suppliers and/or licensors unless expressly indicated otherwise on the Website. The Content is protected by New Zealand and international copyright and trade mark laws. Content on the Website is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the Website or expressly authorised in writing by AA and/or ACP Media or its affiliates. Strictly on the condition that you keep all Content intact and in the same form as presented on the Website (including without limitation all copyright, trade mark and other proprietary notices and all advertisements), you may: a) using an industry-standard Web browser, download and view the Content for your personal, non-commercial use, or b) if you are an Internet service and/or access provider, supply the Content to your subscriber. You must not use the Website in any manner or for any purpose that is unlawful or in any manner that violates any right of AA and/or ACP Media or an affiliate or which is prohibited by the Terms of Use.

Communication facilities

The Website may from time to time contain communication facilities, which provide for feedback by users to AA, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services ("Communication Facilities"). It is a condition of your use of any Communication Facility and your access to the Website that you do not do any of the following:

• restrict or inhibit any other user from using or enjoying any forum;

• post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trade mark or any other proprietary right or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
• post or transmit any material of any kind which contains a virus or other harmful component;
• post, transmit or in any way exploit any material of any kind for commercial purposes or which contains any promotional material or advertising;
• delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or
• download any file posted by any other user of a forum if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner. AA may from time to time monitor or review the contents of its Communication Facilities. While AA reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in AA's sole discretion is in any way objectionable or in violation of any applicable law or the Terms of Use, AA has no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor is AA responsible for any contents in any Communication Facilities (including any information, comments and/or advice of any individual referred to as guest or expert whose statements on the Website are solely their own). You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications. AA reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

User licence to AA

By placing any information or other material on the Website (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to AA a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:

• use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
• sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted. The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trade mark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of AA and any other party authorised by AA all moral rights and any similar rights in any jurisdiction, which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of AA, you will execute and deliver to AA such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

Advertising, links to third party websites and e-commerce offers

This Site also provides links to and content from other Internet sites and resources. Because AA has no control over these sites and resources, you acknowledge and agree that AA is not responsible for the availability of these external sites or resources, does not endorse and is not responsible for any content, advertising products, services or other materials on or available from these sites or resources. AA cannot promise that external Sites will be uninterrupted or entirely error free.

Disclaimer and limitation of liability

The Fair Trading Act 1986 and the Consumer Guarantees Act 1993 (except where goods or services are acquired for business purposes) may confer rights and remedies on you in relation to the provision by AA and/or ACP Media of goods or services on the Website which cannot be excluded, restricted or modified ("Non-excludable Rights"). AA and/or ACP do not exclude any Non-excludable Rights but do exclude all other conditions and warranties implied by custom, law or statute.

Except as provided for by the Non-excludable Rights:

a) all Content is provided "as is" and without warranties of any kind, either express or implied,

b) AA and/or ACP Media and their suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose,

c) AA and/or ACP Media do not warrant that the functions contained in any Content or any Communications Facility or your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits Content to you are free of viruses or any other harmful components,

d) AA and/or ACP Media do not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and

e) you (and not AA and/or ACP Media) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.

Under no circumstances (including but not limited to any act or omission on the part of AA and/or ACP Media) will AA and/or ACP Media or their affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Website or any Content. You expressly acknowledge and agree that AA and/or ACP Media do not exert control over users of the Network (including individuals referred to on the Website as guests and experts) and are not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.

To the fullest extent permitted by law, AA and/or ACP Media's liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of AA and/or ACP Media to the following:

• in the case of services supplied or offered by AA and/or ACP Media, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and
• in the case of goods supplied or offered by AA and/or ACP Media, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.

Termination

The Terms of Use are effective until terminated by AA, and AA may terminate this agreement and your access to the Website at any time without notice. In the event of termination, you are no longer authorised to access the Website, but all restrictions imposed on you, licenses granted by you and all AA disclaimers and limitations of liability set out in the Terms of Use will survive.

Trade marks of AA and/or ACP Media and their affiliates

The trade marks displayed on the Website are trade marks of AA and/or ACP Media, their affiliates or of their respective owners. Nothing contained on the Website should be construed as granting any licence or right of use of any trade mark displayed on the site without the express written permission of AA and/or ACP Media, the relevant AA and/or ACP Media affiliate or third-party owner. If you wish to place a trade mark (whether in stylised or logo form or not) on your own website as a hyperlink to the Website, you must first obtain the express written authorisation of AA and/or ACP Media, the relevant affiliate, or third party owner and any use must be in accordance with the trade mark usage guidelines of the relevant trade mark owner.

Miscellaneous

This agreement will be governed by and construed in accordance with the laws of New Zealand. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect. All rights not expressly granted herein are reserved.