Terms of Use
1. Definitions
“Autostock” means Autostock Digital Limited.
“Autostock DMS” means a name of software as a service product administered by
Autostock for managing vehicle dealerships.
“Agreement” means terms of use.
“Subscriber” means the person who registers to use the service and includes any
entity on whose behalf that person registers to use.
“You” means the Subscriber, your has a corresponding meaning.
“Data” means the data entered by you.
“Service” means the online Dealer Management System via the website which may
be changed or updated from time to time.
“Subscription plan” means a set of services offered in Autostock DMS as
described on website which is subjected to change at any point of time.
“Subscription fee” means monthly or annual fee(excluding any taxes & duties
payable by you as per your chosen Subscription plan including discount whenever
applicable).
“Setup fee” means a non-refundable fee for setting up an account to use Autostock
DMS.
“Sign up” means to subscribe to selected Subscription plan.
2. Use of Software
a) Autostock grants you the rights to access and use the Autostock DMS via the website
as per your Subscription plan. This right is non-exclusive and non-transferable.
3. Your Obligations
a) You must only use the Service for your own internal business.
b) Autostock will issue invoice each month for the Subscription fee. This may include any
additional services as per your requirements. You are responsible for payment of all
amounts specified in an invoice and must be paid irrespective of whether in
advances or retrospectively. Invoices will be sent via email.
c) You must ensure that all usernames and passwords required to access are kept
secure and confidential. In case of any unauthorised use of your passwords, you
must notify Autostock and Autostock will reset your password.
d) You must not attempt to gain unauthorised access to any part or service other than
the permissions given. You must not upload any files that may be offensive or You
do not have right to use. You must not attempt to defeat security and or integrity of
Autostock DMS where services are hosted by third party with their computer
systems and networks.
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4. Software support
a) Autostock will respond to queries from You for Service related matters during normal
business hours which is 9am - 5pm Monday - Friday(excluding public holidays),
Autostock is entitled to charge you a fee based on Autostock standard hourly rate in force
at the time, together with any reasonable disbursements or expenses Autostock incurs
in providing requested support.
5. Intellectual Property
a) You agree that Autostock owns all the Intellectual Property rights of the services.
b) Data entered into the software remains your property. However, access to Data is
dependent on full payment of the Subscription fee when it is due.
c) You grant Autostock a licence to use, copy, transmit, store, and backup of your data in
order to provide you to access and use the Services.
d) You must ensure keeping copies of all Data entered or inputted into the Service.
Autostock follows its best practice and procedures to prevent data loss, including a
daily data backup but does not make any guarantee that there will not be any loss
of data. Autostock does not take any liability for any loss of Data no matter how that
happened.
6. Acknowledgement
You acknowledge that:
a) Your data may be hosted in third party computer systems or networks. This may be
hosted in overseas. Currently, Autostock uses Amazon Web Services(AWS) servers
based in Sydney.
b) While Autostock will use reasonable endeavours to ensure that the Service is
functional, from time to time the Service may not be available due to maintenance,
third party software and/or websites, bugs, errors and circumstances beyond
Autostock's control.
c) Autostock will use reasonable endeavours to get you notice of any planned
maintenance which may result in the service being unavailable for a period of time.
d) Autostock will protect, to best of its ability, the confidentiality of any files and electronic
data stored by it on behalf of You except as may be necessary to meet its
responsibilities under this agreement.
e) In the event that You have not paid any fees owing under these terms, Autostock may
without notice to You suspend the Service and Autostock will not be responsible in any
manner whatsoever as a result of the suspension of Service.
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7. No Warranties
a) Autostock does not make any warranty that the use of Service will be uninterrupted or
error or defect free.
b) Autostock does not warrant that the Services will meet your requirements or will be
suitable for any particular purpose.
8. Limitation of Liability
a) To the maximum extent permitted by law, Autostock excludes all liability under any
circumstances under the law of tort, in contract or otherwise, for any loss (including
loss of information, Data, profits) or damage resulting, directly or indirectly, from any
use of Service or website.
b) In the event that clause 7 does not apply to a particular circumstances or event,
Autostock’s maximum liability for any cause whatsoever, will not exceed NZ$50.
c) If you are not satisfied with the Service, you may terminate these terms in
accordance with Clause 9.
9. Termination
a) If you breach any of these Terms or Your business become insolvent or Your
business goes into liquidation, Autostock may terminate the agreement by giving 7
days written notice.
b) You may terminate the services by giving Autostock one month’s written notice.
c) Autostock will not provide any refund for any remaining prepaid period for a prepaid
Subscription fee.
d) You will remain liable for any accrued charges and amounts which become due or
after termination.
10. Indemnity
a) You indemnify Autostock against any and all direct, indirect and consequential
damages, losses, claims, costs (including legal costs), expenses, actions,
demands, liabilities or proceedings whatsoever incurred by Autostock in respect of any
claim by a third party arising from or connected to any breach or alleged breach by
You of Your obligations under these Terms of use.
11. Force Majeure
a) Autostock will not be liable for any act failure to perform its obligations under these
Terms to the extent caused by an event that is beyond our reasonable control
including power failures, earthquakes, terrorism, acts of war, fire, action from
government, strikes, lockouts, riots or other disasters.
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12.Entire Agreement
a) These Terms of use supersede all prior agreements, and understandings and
constitute the entire agreement between you and Autostock relating to the Services.
13.No Assignment
a) You may not assign or transfer any rights to any other person without prior written
consent of Autostock.
14.Amendment to Terms
a) Autostock may amend these Terms at any time. Your continued use of the service
will constitute acceptance of the amended Terms.
15.Changes to Subscription plan and Subscription Fee
a) Subscription plan and or Subscription fee may be reviewed at any time and may be
adjusted with 30 days advance notice. You may terminate this agreement within the
30 days notice period following any notification of changes to Subscription plan and
or Subscription fee. In the event of termination under this clause, Autostock agrees
that you are not required to pay changed Subscription fee during the 30 days notice
period.
16.Delays
a) Neither party will be liable for any delay in performing its obligations. This clause
does not apply to any obligation to pay money.
17.Severability
a) If any part of these Terms is invalid or unenforceable or in conflict with the law, the
remainder will continue to be valid and enforceable.
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