Effective Date: 01 January 2025
“Autostock” means Autostock Digital Limited.
“Autostock DMS” means the software as a service (SaaS) product administered by Autostock for managing vehicle dealerships.
“Agreement” means these Terms of Use.
“Subscriber” means the person or entity who registers to use the Service.
“You” means the Subscriber, and “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 updated from time to time.
“Subscription Plan” means a set of services offered within Autostock DMS as described on the website, which may change at any time.
“Subscription Fee” means the monthly or annual fee (excluding taxes) payable under your chosen Subscription Plan.
“Setup Fee” means a non-refundable fee for setting up your account to use Autostock DMS.
Autostock grants you the right to access and use Autostock DMS in accordance with your Subscription Plan. This right is non-exclusive and non-transferable.
a) You must only use the Service for your own internal business purposes.
b) Autostock will issue invoices each month for the Subscription Fee. You must pay all amounts due regardless of whether billed in advance or retrospectively.
c) You must keep all usernames and passwords secure and confidential. In case of unauthorised access, notify Autostock immediately.
d) You must not attempt to gain unauthorised access, upload harmful files, or interfere with the security or integrity of Autostock DMS or its hosting systems.
a) Autostock will respond to queries during normal business hours (9 am – 5 pm, Monday – Friday, excluding public holidays). Additional support may be charged at Autostock’s standard hourly rate.
a) You acknowledge that Autostock owns all intellectual property rights in the Service.
b) Data entered remains your property; access may depend on full payment of fees.
c) You grant Autostock a licence to use, transmit, store, and back up your data to provide the Service.
d) You must keep copies of all entered data. Autostock performs daily backups but does not guarantee that data loss will never occur.
a) Your data may be hosted on third-party infrastructure (currently AWS servers in Sydney).
b) While Autostock uses reasonable efforts to ensure Service availability, outages may occur due to maintenance or external factors.
c) Autostock will provide notice of planned maintenance whenever possible.
d) Autostock will protect the confidentiality of your data to the best of its ability.
e) If fees remain unpaid, Autostock may suspend your access without liability.
Autostock makes no warranty that the Service will be uninterrupted or error-free, or that it will meet your specific requirements.
a) To the maximum extent permitted by law, Autostock excludes all liability for loss or damage (including data loss or loss of profits) resulting from the use of the Service.
b) In any case, Autostock’s maximum liability will not exceed NZ $50.
c) If you are dissatisfied with the Service, you may terminate in accordance with Clause 9.
a) Autostock may terminate this Agreement by giving 7 days’ notice if you breach any terms or become insolvent.
b) You may terminate the Service by giving one month’s written notice.
c) No refund is provided for prepaid periods.
d) You remain liable for all amounts accrued up to termination.
You indemnify Autostock against all losses, claims, costs, and liabilities arising from any breach of these Terms by you.
Autostock will not be liable for delays or failures caused by events beyond its control, including power failures, natural disasters, strikes, or war.
These Terms of Use constitute the entire agreement between you and Autostock and supersede all prior agreements or understandings.
You may not assign your rights under this Agreement without Autostock’s prior written consent.
Autostock may amend these Terms at any time. Continued use of the Service after notice of changes constitutes acceptance of the amended Terms.
Subscription Plans or Fees may be reviewed and adjusted with 30 days’ advance notice. You may terminate within that notice period if you do not agree with the changes.
Neither party is liable for delays in performing obligations under this Agreement, except for payment obligations.
If any part of these Terms is found invalid or unenforceable, the remaining provisions remain in full effect.
Autostock Digital Limited