TERMS OF SERVICE

ACCEPTANCE OF TERMS

1.

Welcome to Kwikz.nz.Your access and use of this Website (at www.Kwikz.nz) and Services (defined below) as set out below is conditional on your acceptance without modification of the terms, conditions and notices (collectively, "Terms of Service") contained herein. Your access to and use of this Website constitutes your unconditional agreement to all the Terms of Service for the time being as set out herein. Please read the following terms of services carefully.

2.

Kwikz reserves the right to vary the Terms of Service from time to time at its absolute discretion.

3.

It is your onus to check the Terms of Service regularly for updates. If you do not agree to any of the Terms of Service contained herein, please do not access or use this Website.

4.

You warrant that you are 18 years of age and have the necessary authority and capacity to enter into this agreement.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

1.

Kwikz grants to you an non exclusive limited non commercial license to use the website, strictly for personal use only.

2.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from, or through, this Website.

DESCRIPTION OF SERVICE

1.

Kwikz is a platform that provides end users with access to Kwikz.nz database regarding car valuation, car sales, car insurance, renewal, scraping or exporting cars to selling cars.

2.

This includes discussion boards, product database, members listings, classifieds, news and articles (collectively, "Services").

USER CONDUCT

1.

As a condition of your use of this Website, you warrant and undertake to Kiwkz.nz that you will not use this Website for any purpose that is illegal under any relevant laws or prohibited by the Terms of Service. You agree to refrain from the following:

a.

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

b.

Post, distribute or disseminate any untrue, inappropriate, hateful, profane, defamatory, racially, religiously, ethnically or sexually objectionable, infringing, obscene, indecent or unlawful topic, name, material or information.

c.

Impersonate any person or entity, including, but not limited to, a Kwikz official, forum moderator or other Website end user, or falsely state or otherwise misrepresent your affiliation with a person or entity.

d.

reverse engineer or exploit software , text, photographs and diagrams) that is protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.

e.

Post a link, upload or distribute any files that contain viruses, corrupted files, or any other similar software or programs that may damage or degrade or otherwise prejudice the operation and performance of another's computer.

f.

Post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

g.

Post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements).

h.

Advertise or offer to sell any goods or services on a commercial basis in the Forums.

i.

Unless otherwise authorized by kwikz.nz, vehicle and vehicle related industry manufacturers, distributors, retailers, merchants, and the respective employees of such establishments are prohibited from advertising or offering to sell any goods or services, on behalf or in the interest of that establishment, in the Classifieds, Forums or any end-user Services/Facilities.

j.

Conduct or forward through the Website surveys, contests, pyramid schemes or chain letters and post/transmit any junk mail, spam or any unsolicited mass dissemination of email.

k.

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

l.

Restrict or inhibit any other user from using and enjoying the Website and/or Services.

m.

Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites.

n.

Collect or store personal data about other users.

o.

Violate the Forum Etiquette and Rules which is hereby incorporated by reference.

p.

Use any robot, spider, other automatic device, or manual process to monitor or copy any pages within the Website or the contents without Kwikz.nz’s prior written permission.

q.

Use any device, software or routine to interfere or attempt to interfere with the proper working of the Website.

r.

Take any action that imposes an unreasonable or disproportionately large load on Kwikz.nz's servers.

2.

You also acknowledge and agree that any decision of Kwikz.nz under the Terms of Service shall be final, conclusive and binding upon you.

GRANT OF LICENCE

1.

You agree to grant (or warrant that the owner of such rights has expressly granted) Kwikz.nz an irrevocable, royalty-free, transferable and worldwide right and license to use, copy, modify, adapt, publish, translate, create derivative works from and sell and distribute content that you submit or contribute through product reviews, postings or testimonials without compensation to you.

2.

In addition, you warrant that all moral rights in those materials have been waived. None of the materials shall be subject to any obligation of confidence on the part of Kwikz.nz.

EXTERNAL LINKS DISCLAIMER

1.

This site and our mobile application may contain (or you may be sent through the site or our mobile application) links to other websites or content belonging to or originating from third parties or links to websites and feature sin banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us.

2.

WE DO NOT WARRANT, ENDORSE GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING.

3.

WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.

TERMINATION AND ACCESS RESTRICTION

1.

Kwikz.nz, in its sole discretion, may terminate, ban or suspend your Kwikz.nz membership, use of the Services, and/or remove and discard any content within the Services, for any reason without prior notice, including, without limitation.

a.

for lack of use;

b.

if Kwikz.nz believes that you have violated any provision of the Terms of Service;

c.

acting in a manner inconsistent with the objectives of the Website;

d.

challenging the authority of any Kwikz.nz staff, employee or agent; or

e.

displaying unruly, contemptuous or disrespectful behaviour towards any Kwikz.nz staff, employee or agent.

2.

Kwikz.nz may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice.

3.

Kwikz.nz may without prior notice, deactivate or delete your Kwikz.nz Membership and all related information and files in your Kwikz.nz Membership and/or bar any further access to such files or the Services.

4.

Kwikz.nz shall not be liable to you or any third-party for any termination of your access to the Services.

5.

Kwikz.nz reserves the right to deny in its sole discretion your access to the Website, the Services or any portion thereof without ascribing any reason therefore and without prior notice.

ADVERTISEMENTS AND PROMOTIONS

1.

Kwikz.nz runs advertisements and promotions on the Website. By accessing the Website and/or using the Services, you agree that Kwikz.nz has the right to run such advertisements and promotions.

2.

You agree that Kwikz.nz shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.

CENSORSHIP

1.

Kwikz.nz reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Kwikz.nz's sole discretion.

2.

Kwikz.nz does not control or endorse the content, messages or information provided by users and, therefore, Kwikz.nz specifically disclaims any liability with regard to the communities and any actions resulting from your participation in any community.

INDEMNITY

1.

You are solely responsible and liable for any and all access, use and/or misuse of this Website and Services made under your User ID and Password (whether or not authorised by you).

2.

You agree to indemnify and hold Kwikz.nz, the Website administrators, its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your content, your access to the Website and use of the Services, your connection to the Services, this Website, your violation of the Terms of Service, or your violation of any rights of another.

LIABILITY DISCLAIMER

1.

The information, software, products, and services included on or through this Website may include inaccuracies or typographical errors. Kwikz.nz is not responsible for any such inaccuracies and/or errors, as it does not and cannot review all content posted on the Website.

2.

KWIKZ.NZ MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, PRICES, SERVICES AND RELATED GRAPHICS CONTAINED ON THIS Website FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. KWIKZ.NZ HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

3.

IN NO EVENT SHALL KWIKZ.NZ BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS Website, WITH THE DELAY OR INABILITY TO USE THIS Website, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS Website, OR OTHERWISE ARISING OUT OF THE USE OF THIS Website, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF KWIKZ.NZ HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS PROHIBITED BY LAW AND YOU ARE DISSATISFIED WITH ANY PORTION OF THIS Website, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS Website.

4.

Kwikz.nz is not responsible to you or any third party for your actions and activities on this Website (whether or not authorised by you) for any reason whatsoever including without limitation, your failure to comply with the spirit and the letter of the Terms of Service herein.

MODIFICATION OF THESE TERMS AND CONDITIONS

1.

Kwikz.nz reserves the right to change the terms, conditions, and notices under which this Website is offered, without prior notice to you.

GOVERNING LAW

1.

These Terms of Service shall be governed and construed in accordance with the laws of New Zealand.