These terms and conditions (Terms and Conditions) apply to any use of the Platform by any user of the Platform, whether registered or not and to the extent applicable. All users of the Platform must read these Terms and Conditions before using the Platform and by proceeding to use the Platform are deemed to have unconditionally accepted these Terms and Conditions. These Terms and Conditions and the Registration completed by Users or Suppliers form a legally binding agreement between Crash Management and the User or Supplier (as the case may be).
\n\nCGA means the Consumer Guarantees Act 1993.
\nCrash Management means Crash Management Services Limited (NZBN 9429031868945) of Tenancy B, Level 5, Building 5, Central Park, 666 Great South Road, Ellerslie, Auckland 1051.
\nDingGo means DingGo AU Pty Ltd (ABN 33 630 000 823), our parent company, of Suite 3.02, Building F, 1 Homebush Bay Drive, Rhodes, NSW 2138, Australia.
\nFTA means the Fair Trading Act 1986.
\nGST means goods and services tax payable under the Goods and Services Tax Act 1985 or other similar tax which applies to the supply of services pursuant to the laws of any other country.
\nInformation means all information, content, documents, material, data, files, pictures, images, graphics, audio, text, comments, reviews, ratings and any other information in any form displayed or uploaded on the Platform, whether by Crash Management, Users, Suppliers or any third-party.
\nIntellectual Property means all intellectual property rights including trademarks, design rights, service marks, trade and business names, rights and designs, patents, copyright, patterns, database rights, moral rights and other rights, and know-how, and any other intellectual property rights of any nature whatsoever throughout the world whether registered or unregistered and including all applications and rights to apply for any of the same.
\nJob means an advertised repair job of a damaged vehicle submitted by a User on the Platform for consideration, quotation and tendering by Suppliers. The Job should contain all of the necessary information about the damaged vehicle including a description and images.
\nLoss means any loss, damage, cost, interest, expense, fee, penalty, fine, forfeiture, assessment, liability or award of damages and includes legal costs on an indemnity basis and indirect, incidental or consequential loss.
\nPlatform means the website available at https://www.crashmanagement.co.nz/ and https://www.dinggo.co.nz/, the associated mobile website and mobile application (app), any associated or inter-Platform communications (e.g. emails, internal messages etc.) and any software relating to the foregoing, and any hypertext links linking to external sites (if any), from which the Services are provided by Crash Management. The Platform is owned, controlled, managed and maintained by DingGo, licensed to Crash Management and hosted by AWS.
\nPrivacy Policy means Crash Management's Privacy Policy from time to time, as available at https://www.dinggo.co.nz/privacypolicy/.
\nQuote means any quote given in writing by the Supplier to the User in respect of a Job submitted by that User.
\nRegistration means the electronic application to access and use the Platform and the Services completed by Users and Suppliers. Registration will only have been completed when an electronic box is 'checked' agreeing to these Terms and Conditions.
\nRepair Services means the products and/or services (e.g. panel beating, windscreen repair, part replacement, wheel repair, paint work etc.) offered by Suppliers on the Platform.
\nServices means the services provided by Crash Management, specifically providing an online marketplace for the purpose of facilitating introductions and interactions between Users and Suppliers for various products and services (including Repair Services) that are from time to time made available by Suppliers and Crash Management on the Platform, and which can be booked by Users in accordance with these Terms and Conditions.
\nSupplier means, when differentiated from a User, any provider of Repair Services, insurances or other related products or services that are from time to time available on the Platform.
\nSupplier Proposal means the Supplier/Panel Beater Proposal between Crash Management and the Supplier that is negotiated, accepted and signed by the Supplier.
\nUser, you or your means any individual, company, organisation or business that is accessing and using the Platform for any reason including in order to submit Jobs and search and book products or services (including Repair Services).
\nUser Guide means any information or guidelines provided or published by Crash Management from time to time in relation to the Platform or the Services, including instructions or guidance or in the form of frequently asked questions (FAQ) on the Platform.
\nIn these Terms and Conditions:
\nGender. Words importing any gender include the other genders.
\nHeadings. Headings will be ignored in construing this document.
\nInclusive Terms. Use of inclusive terms such as \"includes\" or \"including\" will be read as \"includes, without limitation\" or \"including, without limitation\".
\nNumbers. Words importing the singular include the plural and vice versa.
\nPersons. References to persons include corporations.
\nWriting. References to writing include any mode of representing or reproducing words in visible form, and include email transmissions and electronic messaging.
\n\nFrom the date that Crash Management accepts the User's or Supplier's Registration, Crash Management will provide the Services, subject to these Terms and Conditions.
\nCrash Management provides the Services via the Platform through which Users can submit Jobs, Suppliers can quote and tender for Jobs, Suppliers can promote and provide information about their Repair Services to Users, and Users can book Repair Services with Suppliers. By using the Platform, Users and Suppliers acknowledge, accept and agree that Crash Management acts solely as an intermediary between Users and Suppliers, and Crash Management is wholly excluded from and in no way a party to any contract or contractual relationship that may arise or come into existence between Users and Suppliers. Additionally, Users and Suppliers agree that they use the Platform at their own risk.
\n\nThe Services are made available for personal and non-commercial use only. Users and Suppliers must:
\nCrash Management endeavours to display timely, suitable, accurate, complete and correct Information on the Platform. However, Crash Management does not represent or warrant the timeliness, suitability, accuracy, completeness or correctness of any Information displayed on the Platform and Crash Management is not responsible or liable for any Loss suffered or incurred at any time by Users, Suppliers or any third party as a result of or arising in any way out of:
\nWithout limiting the above, Crash Management reserves the right to edit, remove or delete any Information displayed on the Platform at its discretion.
\nAll general Information displayed on the Platform by Crash Management is general in nature and does not constitute professional, technical or any other form of advice.
\nAll Information displayed on the Platform relating to any Supplier including all information relating to Repair Services and the Supplier's credentials (e.g. Motor Vehicle Repair Licenses, Insurance certificates etc.) derives entirely from Information uploaded by that Suppliers on the Platform (Supplier Information). Suppliers are solely responsible for the legality, validity, accuracy, completeness and correctness of any Supplier Information uploaded on the Platform by them. Crash Management does not verify and does not guarantee the legality, validity, accuracy, completeness or correctness of any Supplier Information. Nothing on the Platform (including Suppler Information) constitutes or should be regarded as a recommendation or endorsement of the quality, service level, qualification or rating of Suppliers (or their Repair Services, facilities, venue etc.).
\nCrash Management strongly advises Users and Suppliers to make their own enquiries and do their own investigations in relation to all Information. Users may inspect any documents uploaded on the Platform by Suppliers on request.
\nCrash Management will endeavour to take all reasonable steps to protect Information provided to it or uploaded or displayed on the Platform by Users, Suppliers and third parties. However, Crash Management does not guarantee the protection or security of any Information uploaded on the Platform or transmitted via the internet and such Information is sent at the transmitter's own risk. Crash Management is not responsible or liable for any loss of Information or unauthorized use of or access to Information for any reason (including access arising from the transmission of public data networks or when using third party networks and systems).
\n\nUsers and Suppliers hereby grant to Crash Management (and warrant that they have the right and authority to grant to Crash Management):
\nBefore any User and Supplier Information is:
\nthat Information will, to the extent reasonably necessary, be anonymised (i.e., deidentified) and aggregated with similar Information so that no User or Supplier can be identified directly or indirectly from any outputs from those technologies or from that User and Supplier Information.
\nUsers and Suppliers acknowledge and agree that DingGo may generate, collect, use, and analyse usage information generated or derived from their use of the Services (Usage Information), including log data and metadata, to develop, improve, promote, support, and operate the Platform and the Services (including for the purpose of training, testing, validating or refining artificial intelligence, machine learning, or similar technologies that DingGo uses to provide the Platform and the Services).
\n\nCrash Management will endeavour to ensure that the Platform is running and the Services provided without issue (including undertaking regular maintenance), however Crash Management does not guarantee that the running of Platform and the provision of Services will be continuous and fault free. If Crash Management becomes aware of any fault or failure, then Crash Management will endeavour to promptly address such fault or failure. Crash Management is not responsible or liable for any Loss suffered or incurred at any time by Users, Suppliers or any third party as a result of or arising in any way out of any fault, interruption, discontinuance, malfunction or failure in the running or functionality of the Platform or provision of the Services due to any cause (known or unknown) including any act or omission of Crash Management or event outside of Crash Management's reasonable control or by reason of any breakdown (temporary and/or partial), repair, upgrade or maintenance of the Platform or otherwise.
\nCrash Management does not guarantee that the Platform or any Information or programs downloaded from the Platform (or any associated or linked online service) or uploaded or displayed via the Platform are free from viruses or other harmful components that could cause Loss to or interfere with external data, hardware or software. Crash Management is not responsible or liable for any Loss or interference suffered or incurred at any time by Users, Suppliers or any third party as a result of or arising in any way out of the operation or use of the Platform including due to exposure to any malicious code or other actions, computer virus, malfunction, malware or spyware injection, Structured Query Language (SQL) injections, defects in software, computer intruding, corruption, hacking, interference with telecom providers, DDOS attacks, other types of cyber-attacks or forms of computer crime, errors or abuse by other Users or Suppliers and any other analogous event.
\nCrash Management is not responsible or liable for any act, omission, error or negligence of any other third party users of the Platform.
\nCrash Management does not endorse the content of advertisements appearing on the Platform and is not responsible or liability in respect of any such advertisements.
\n\nCrash Management respects your privacy and uses your personal information to provide the Services. By accepting these Terms and Conditions and the Privacy Policy, you give Crash Management permission to use your personal information in accordance with the Privacy Policy. Please have a look at the Privacy Policy for further information.
\n\nBy completing the Registration and using the Platform for any purpose, Users (when differentiated from Supplier) unconditionally accept to be bound by these Terms and Conditions, the Privacy Policy, the Registration and any other commercial agreement entered into between Crash Management and those Users.
\nCrash Management provides the Services free of charge to Users. Users warrant that they will use the Platform, the Services and interact with Crash Management, Suppliers and any third party in accordance with the laws and regulations of New Zealand.
\nUsers acknowledge, accept and agree that:
\nCrash Management will not make recommendations about any Supplier nor prescribe to Users the method of choice of any Supplier. At the time of submitting a Job on the Platform and prior to booking Repair Services, Users should undertake their own investigations, enquiries and searches to ascertain the credibility and suitability of a Supplier to provide the Repair Services. Users are responsible for reading and understanding the terms and conditions of a Supplier before booking Repair Services with that Supplier.
\nUsers agree to adhere to acceptable standards of behaviour whilst using the Platform. Users will not post dishonest or illegitimate reviews as this is against the law. Failure to adhere to any of the above might result in a warning or termination from using the Platform.
\nUsers acknowledge and accept that quotes provided by Suppliers on the Platform are an estimate and indicative only. This is due to a number of reasons including without limitation, Users' errors when submitting a Job (i.e. errors in the Information, description or images), non-visible damage to a vehicle etc.
\n\nBy completing the Registration and using the Platform and the Services, Suppliers unconditionally accept to be bound by these Terms and Conditions, the Privacy Policy, the Registration, any Supplier Proposal and any other commercial agreement entered into between Crash Management and those Suppliers.
\nSuppliers represent and warrant that:
\nSuppliers acknowledge, accept and agree that:
\nSuppliers have no authority to make representations on behalf of Crash Management or bind Crash Management in any way.
\nSuppliers must pay Crash Management a service fee (Service Fee), as set out below:
\nCrash Management takes breaches very seriously and failure to adhere to these Terms and Conditions (including prompt payment of the Service Fee) may result in the actions as set out in clause 11 below.
\n\nWhen a User submits a Job on the Platform, the Job will stay active on the Platform for fourteen (14) days allowing Suppliers to quote and tender for the Job. At any point during this period, Users may withdraw the Job from the Platform. In circumstances where a User has accepted a quote and booked the Repair Services of a Supplier, the Job will automatically be removed from the Platform. Additionally, if the said fourteen (14) day period elapses without any of the above actions occurring, the Job will automatically be removed from the Platform and the User will have to resubmit the Job again.
\n\nIf Users or Suppliers do not comply with these Terms and Conditions, or if in the opinion of Crash Management there has been serious breach of these Terms and Conditions or serious misconduct (e.g. gross negligence, abuse of the Platform, illegal conduct, incorrect statement of damage, fraud etc.), or Crash Management reasonably believes that the User or Supplier is likely to seriously breach these Terms and Conditions, Crash Management reserves the right, without prior notice effective immediately, to:
\nCrash Management is not responsible or liable for any Loss suffered or incurred at any time by Users or Suppliers as a result of or arising in any way out of Crash Management exercising its rights under this clause.
\nThe User or Supplier must pay to Crash Management on demand all costs of, and incidental to, the enforcement or attempted enforcement of Crash Management's rights, remedies and powers under these Terms and Conditions (including legal costs on a solicitor and own client basis) in the event of a breach or threatened breach by the User or Supplier.
\nThe suspension, denial, altering or termination of access to the Platform and/or the Services will be without prejudice and will not affect the accrued rights and remedies of Crash Management as at the date of suspension, denial, altering or termination of access. Clauses 11, 14, 16 and 18 will survive the termination of access to the Platform and the Services, as will any other provision that by its nature is intended to survive termination.
\n\nDingGo reserves the right to control, manage, modify and maintain the Platform in its sole discretion and without prior written notice, including in relation to:
\nCrash Management may change the Services from time to time (including by making additions or deletions) without prior written notice. Crash Management does not ordinarily intend to reduce the functionality of the Services as a result of any change, but may do so. Crash Management may make any corresponding change to the User Guide either before or after the change in functionality takes effect.
\n\nAll questions or disputes relating to these Terms and Conditions, the Platform, the Services and the Service Fee should be submitted to Crash Management directly by email to crashteam@crashmanagement.co.nz. Crash Management will endeavour to answer any questions and resolve any disputes expeditiously.
\nUsers acknowledge that any complaints, enquiries or disputes from Users in relation to a Repair Service provided by any Supplier will be directed to that Supplier in question. Similarly, any complaints, enquiries or disputes from Suppliers about Users will be directed to the User in question. Crash Management may, at its sole discretion, assist in dispute resolution between Users and Suppliers.
\n\nCrash Management will operate the Platform and provide the Services with due care and skill. Otherwise, to the maximum extent permitted by law, and except as expressly provided in these Terms and Conditions, all terms, conditions, warranties and representations (in each case whether express, implied, statutory or otherwise) relating in any way to the Platform, the Services or these Terms and Conditions are excluded.
\nWithout limiting the next paragraph, and to the maximum extent permitted by law, any liability of Crash Management in connection with the Platform, the Services or these Terms and Conditions:
\nis limited at Crash Management's option to the replacement, repair or resupply of the relevant goods or services or the payment of the cost of same.
\nTo the maximum extent permitted by law, all liability of Crash Management is excluded in respect of any indirect, incidental or consequential Loss (including loss of profits or revenue or business connections) suffered or incurred by Users or Suppliers, in relation to the Platform, the Services or otherwise under or in connection with these Terms and Conditions.
\nTo the maximum extent permitted by law, each User and Supplier hereby indemnifies and must keep indemnified Crash Management and its respective officers, employees and agents (those indemnified) from and against any and all Losses suffered or incurred by any of those indemnified arising from or related to:
\nThis indemnity may be enforced by Crash Management before and without incurring any expense or making any payment to any person.
\n\nFor the purposes of section 43 of the CGA and section 5D of the FTA, if the Services are being supplied by Crash Management and acquired in trade (as that term is defined in section 2 of the CGA), the parties agree that the provisions of the CGA and sections 9, 12A and 13 of the FTA have been contracted out of and do not apply to the supply of the Services.
\n\nUnless stated otherwise, the software required for the Services or available at or used by our Platform and the Intellectual Property rights (including the copyrights) of the contents and information of and material on our Platform are owned by DingGo, its suppliers or providers.
\nDingGo exclusively retains ownership of all rights, title and interest in and to (including all Intellectual Property rights) the Platform on which the Services are made available and Users and Suppliers are not entitled to use any such Intellectual Property without DingGo's prior written consent. To the extent that Users and Suppliers own any Intellectual Property rights in the Platform, those Users and Suppliers hereby assign and transfer all such Intellectual Property rights to DingGo. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of DingGo's Intellectual Property rights.
\n'DingGo' and 'dinggo.co.nz' are trademarks, business/trade names and domain names belonging to DingGo. 'Crash Management' and 'crashmanagement.co.nz' are business/trade names and domain names belonging to Crash Management Any use of these trademarks, business/trade names and domain names without DingGo's or Crash Management's prior written consent is expressly prohibited. Third party trademarks may appear on the Platform and all rights therein are reserved by the registered owners of those trademarks.
\n\nAs part of the process of completing the Registration, Users and Suppliers must provide a current email address and any other contact details that Crash Management request for Registration.
\nAny notice or other written communication sent by Users and Suppliers under or in connection with these Terms and Conditions must be sent by email to crashteam@crashmanagement.co.nz. Crash Management may send Users and Suppliers notices or other written communications via the Platform, by SMS/MMS or by email to an email address provided by them during the Registration. Each party must ensure that at all times their contact details (including email addresses) are correct and current.
\nAn email will be taken to have been served at the time of sending, unless within 24 hours of it being sent the sender receives a manual or automated response indicating that it was not delivered successfully.
\n\nThese Terms and Conditions are to be construed according to, and are governed by, the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts in and of New South Wales in relation to any dispute arising under these Terms and Conditions.
\nNeither Crash Management, Users nor Suppliers may transfer or assign its rights or obligations under these Terms and Conditions to any other person, except in the case of an assignment or transfer by Crash Management as part of the sale of all or a substantial part of the business or a corporate restructure by Crash Management. Crash Management may subcontract its obligations under these Terms and Conditions.
\nThese Terms and Conditions and the Registration constitute the entire agreement between Crash Management and Users and Suppliers in relation to their subject matter. Any prior arrangements, agreements, representations or undertakings are superseded and, except as expressly provided, each party warrants that it has not relied on any arrangement, agreement, representation or understanding which is not expressly set out in these Terms and Conditions or incorporated by reference.
\nIn the event of a conflict or inconsistency between these Terms and Conditions and any other contract, agreement or arrangement between the parties, these Terms and Conditions will prevail.
\nThese Terms and Conditions may be varied by Crash Management at any time. Any variations to the Terms and Conditions shall take effect from the time the varied Terms and Conditions are available at https://www.crashmanagement.co.nz/termsandconditions or are otherwise provided (including by email or in another electronic form) to the User or Supplier (whichever is earlier).
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