ScrAppit T's & C's
ScrAppit is a scrap car company comparison site which acts as an online platform to connect customers who are seeking scrap car services with car wrecker companies who provide such services.
1.1. The following words and phrases have specific meanings wherever you see them used in these Terms.
Content: means computer code, text, graphics, images, music, software, audio, video, information or other digital materials.
Customer: means the person who posts a Moving Job on the Website.
HDCA: means the Harmful Digital Communications Act 2015.
Listing: means the listing of a ScrAppit services on the Website.
Scrap Car Company: means a business who offers scrap car services on the Website.
Scrap car Contract: means an agreement for scrap car services between a Customer and scrap car Company.
Scrap car Job: means a request for scrap car services posted on the Website by a Customer.
The Broken Car Guru: means Jaxs and Co Trading Ltd and our, us and we used in these Terms refer to The Broken Car Guru.
The Broken Car Guru Account: means your account and profile information on the Website.
Referral Fee: means the fees charged to a scrap car Company in exchange for Customer contact information and any other fees charged at any time.
Review: means the review provided by a Customer in respect of their experience with a scrap car Company.
Services: means the provision of the Website to scrap car Companies, Customers and others to facilitate Listings, scrap car Jobs, Reviews and other associated services from time to in accordance with these Terms.
Website: means the ScrAppit website at www.scrappit.co.nz
You: means the person who accepts these Terms in accordance with clause 2 below.
2.1. By using the Website, you confirm that you accept and agree to comply with these Terms whether or not you become a registered user of the Services.
2.2. If you accept these Terms on behalf of a company or other legal entity, you warrant that you have the authority to bind that entity to these Terms. In such case, where appropriate, “you”, “your” as applicable, will refer to that entity.
2.5. We may review and update these Terms from time to time by providing you at least 30 days’ notice of the change, whether via the Website or by sending you an email. Your continued use after that notice means that you agree to the changed Terms.
- How ScrAppit Works
3.1. ScrAppit acts as an online hub to connect Customers with scrap car Companies by facilitating information between the two parties.
3.2. Customers may receive quotes from scrap car Companies for their unwanted cars and may enter into selling Contracts. selling Contracts are between the Customer and the scrap car Company and will be subject to the scrap car Company’s own terms and conditions.
3.3. ScrAppit is not a party to the selling Contract itself or any other any agreement between a Customer and scrap car Company. ScrAppit has no control over the conduct of Customers, scrap car Companies or other users of the Site. ScrAppit cannot and does not control the content of any Listings or Reviews. ScrAppit is not a provider of scrap car services.
- Creating a ScrAppit Account
4.1. To create a Listing, you must first create a ScrAppit Account.
4.2. To create a ScrAppit Account, you must be over the age of 18 and must not have an existing ScrAppit Account.
4.3. You may not sell or transfer you’re ScrAppit account to another party without our written consent.
4.4. You agree to provide accurate, current and complete information during the ScrAppit Account registration process and to update such information to keep it accurate, current and complete always. If you provide any false or misleading information, we may terminate you’re ScrAppit Account in accordance with clause 11.
4.5. ScrAppit may, but is not obliged to, require you to provide reasonable evidence to verify the information you supply to ScrAppit when creating a ScrAppit Account, scrap car Listing.
4.6. You agree not to use the Website for purposes other than its intended use including the attempt to copy, reverse engineer or reconstruct any part of or other versions of the Website in any type platform for self-gain unless you have written consent from ScrAppit.
4.7. You must notify us immediately if you suspect the unauthorised use of your The Broken Car Guru Account or any other breach of security.
- Creating a Account
5.1. If you are a scrap car Company and wish to apply to create a account, you must respond to the mandatory questions required on the Website relating to your business and scrap car services offered.
5.2. Account applications are subject to ScrAppit approval.
5.3. ScrAppit reserves the right, at any time and without prior notice, to reject, remove, or temporarily or permanently disable access, to any account for any reason or no reason, which need not be disclosed to anyone. This includes, but is not limited to, accounts that ScrAppit considers in its sole discretion, to be inappropriate or objectionable, in violation of these Terms, in breach of any law in any jurisdiction or which are, or may be, harmful or detrimental to ScrAppit, the Website or any Customer or third party. ScrAppit shall not be liable for any loss of revenue or opportunity or any damage, cost or other liability, suffered or incurred by you in connection with a rejected, removed or disabled account application or account.
5.4. ScrAppit is not responsible for a scrap car Company’s compliance with applicable laws, rules, regulations, or any agreements with or duties to Customers or other third parties. ScrAppit do vet all our account holders to make sure they have the correct procedures in place and abide by local and national safety standards for both health and safety and environmental protection standards.
- Creating a scrap car quote reqeust
6.1. If you as a Customer wish to apply to create a scrap car quote request, you must respond to the mandatory questions required on the Website.
6.2. By creating a scrap car quote request, you consent to your contact details, including email, telephone number and pick-up and delivery address, being provided to scrap car Companies for the purpose of providing you with a quote for a scrap car request.
- Code of Conduct
7.1. General: By using the Website and maintaining a ScrAppit Account you agree:
7.1.1 Not use the Website to:
(a) Conduct, promote or provide information about illegal activities;
(b) Mislead, abuse, harass, threaten, defame or otherwise offend others or cause anyone “harm” as that term is defined in the HDCA;
(c) Engage in or promote any surveys, contests, pyramid schemes, unsolicited emails or spamming;
(d) Impersonate or create a profile for someone else or entity other than who you represent;
(e) Solicit passwords or personal information for malicious intent;
(f) Infringe any third party copyright, intellectual property or other rights.
7.1.2 Not to engage in the following prohibited activities such as:
(a) Copy or Mirror any part of the Website without prior written consent to do so;
(b) Using robots, spiders, other devices or processes to trawl the Website to collect information in any way;
(c) Modify, translate, sell, disassemble or reverse engineer and part of the Website and the Services with exception only permitted by law.
(d) Using references to ScrAppit to direct other people to any other website unless you have written authorisation to do so.
7.2. For Customers: By using the Website and maintaining a ScrAppit Account you agree:
7.2.1 To only post honest and fair comments and reviews in your feedback in respect of your customer service experience with scrap car Companies.
7.2.2 To only list legitimate scrap car Jobs.
7.3. For scrap car Companies: By using the Website and maintaining a ScrAppit Account you agree:
7.3.1 To only list accurate information in relation to your business and the scrap car services you provide.
7.3.2 To only post honest and fair comments in response to Reviews.
7.3.3 To treat any personal information relayed onto you from ScrAppit on behalf of Customers regarding a scrap car Job as private and confidential.
7.3.4 That you are solely responsible for any purchase Contract you enter with a Customer.
7.3.5 That in no way do you represent ScrAppit when you contact a Customer.
7.4. ScrAppit has no obligation to monitor any party’s use of the Website. However, we reserve the right to audit, monitor, retain and disclose any information necessary at times to satisfy any local Law.
7.5. We may remove, take down or otherwise disable access to any Content or material posted to the Website, whether in a Listing, a Review, a The Broken Car Guru Account, a scrap car Job or otherwise, either temporarily or permanently, for any reason or no reason. If we do, we shall endeavour to notify you but shall not be obliged to do so. If you have any concerns about Content on the Website under the HDCA or otherwise or wish to issue a counter notice under the HDCA in respect of Content we have removed, please email us with the information required under the HDCA to email@example.com.
8.1. Fees for scrap car Companies
8.1.1 It is free to join ScrAppit and create a Listing and browse scrap car Jobs. In consideration for the provision of Contact Details, ScrAppit charges a Referral/commission Fee.
8.1.2 Referral/commission are subject to change at any time. ScrAppit may in the future offer additional services of benefit to scrap car Companies and reserves the right to charge fees for such Services.
8.1.3 You agree to pay all Referral/commission incurred to your account based on ScrAppit fees structure and billing terms. For any reason, if The Broken Car Guru cannot charge your credit card or secure payment through other payment methods successfully, ScrAppit reserves the right to enter your account into a grace period at which access to your account and Services will be limited or terminated.
8.1.4 Referral Fees exclude GST.
8.2. No Fees for Customers
8.2.1 It is free to list scrap car Jobs, obtain and request quotes and browse the list of scrap car Companies.
9.1. A Customer may cancel their ScrAppit Account at any time.
9.2. A scrap car Company may cancel their ScrAppit Account or subscription to any Services by submitting a cancellation request in writing to ScrAppit no less than 3 days prior to the auto renewal billing date.
- Refund Policy
10.1. Refunds will not be provided for genuine scrap car quote requests. Refunds for fake scrap car quote requests can be requested by contacting info@ ScrAppit.co.nz.
10.2. All refunds are at the sole discretion of ScrAppit.
11.1. ScrAppit has the right to terminate any ScrAppit Account, at any time, for any reason or no reason at all. This includes, but is not limited to, The Broken Car Guru Accounts that ScrAppit considers in its sole discretion, contain invalid information or to have been used for inappropriate or objectionable activities, are in violation of these terms, have beached any law in any jurisdiction which may be harmful to ScrAppit, the Website or any third party.
11.2. ScrAppit shall not be held liable for any loss of revenue or opportunity or any damage, cost or other liability, suffered or incurred by you in connection with the termination of your ScrAppit Account.
11.3. In the event of the termination of your ScrAppit Account, you agree that all Referral Fees paid to ScrAppit are deemed non-refundable.
11.4. If you’re ScrAppit Account is terminated, we do not have an obligation to delete or return to you any Content you have posted to the Website.
- Feedback and Review Feature
12.1. ScrAppit provides a user Review system to provide an overall performance and satisfaction rating of individual scrap car Companies from Customers. Customers may voluntarily post comments, compliments, reviews and other opinions regarding the serviceability of the scrap car Company listed on the Website and the scrap car Company can respond.
12.2. As a Service Provider you agree that Customers whom agree to use your services are able to post such feedback and opinions regarding your customer service and serviceability. Reviews are considered to be non-proprietary and such information is accessible publicly on the Website and ScrAppit has the right to use such information without any limitation.
12.3. It is expected that Customers only post Reviews that are deemed acceptable, fair, honest and justifiable. The Broken Car Guru does not guarantee that all Reviews will adhere to these criteria. The Broken Car Guru reserves the right to audit, hide and withdraw any comments deemed offensive, unlawful, harmful, profane, defamatory, malicious or harmful under the HDCA.
12.4. If a Customer is found to continually post any of the outlined above unjustifiable negative Reviews ScrAppit can at any time and without prior notice terminate the Customer’s ScrAppit Account deny access to its Services and Website.
- Review Guidelines
13.1. ScrAppit takes its position as New Zealand’s leading scrap car comparison site very seriously. For that reason, we cannot simply remove Customer reviews that a scrap car Company may think are unfair or unwarranted unless required to do by a court or other authority having competent jurisdiction or we decide to do so in our sole discretion. ScrAppit does not get involved in resolving disputes or take sides. We also do not actively edit, delete or censor reviews. We do however at times edit or delete reviews where we believe our Review guidelines have been violated.
13.2. The more Reviews featured on the Website, the less the likelihood of one or more individuals skewing the feedback system. We encourage everyone visiting the site to review any scrap car Company they have used. Every Review posted improves the Services. We also encourage all scrap car Companies to ask their satisfied Customers to review them on ScrAppit.
13.3.1 It’s the Customer’s responsibility to ensure they provide honest information in their Reviews. Reviews should not reveal personal information about a person that does not relate to the review.
13.3.2 You are not to submit false Reviews under any circumstance. ScrAppit is about sharing genuine honest reviews. It’s not an outlet for personal vendettas or competitor bashing. Those caught submitting unscrupulous reviews or feedback will have their ScrAppit Account terminated, and IP address banned from accessing this Website.
13.3.3 Reviews of your own business or employer are not acceptable.
13.3.4 You must have been a Customer of the scrap car Company you are reviewing.
13.3.5 You should submit only one Review per scrap car Company.
13.3.6 You, as the poster of the Review, are responsible for the review content.
13.3.7 You agree to completely indemnify ScrAppit, its directors and employees against any losses or costs which may arise from your Review. You also agree that ScrAppit shall not be held responsible for any actions taken against you due to the contents of your Review.
13.4. Scrap Car Companies
13.4.1 Whether a registered member or not, scrap car Companies can address issues directly by posting a response to a Review, which is encouraged. If you do not hold a ScrAppit Account, you can join for free and manage your Listing directly.
13.4.2 You agree not to use responses to Reviews to launch personal attacks, advertise, or offer an incentive to change a Review.
13.4.3 If you notify us of a Review that is not genuine we will send an email to the Customer requesting evidence they were a Customer of the scrap car Company in question, such as a copy of the quote, invoice or receipt. If this cannot be produced, the Review will be removed. If it is produced, the Review will remain on the basis that Customers are entitled to express their opinion even though the scrap car Company may not agree with it.
13.4.4 It is your responsibility to notify us of any Reviews which are defamatory, irrelevant to the service provided or do not reflect the terms of a judgment or arbitral decision obtained by the parties. While ScrAppit reserves its discretion to remove a Review, we will comply with the direction of any court.
13.4.5 Crowd out any negative reviews with more positive ones. ScrAppit always displays ratings in order of date with the most recent at the top. Visitors to the site pay most attention to recent reviews and your overall star rating when making their decision. The more positive ratings you have, the better your overall rating and the less relevant the odd poor review becomes. We encourage scrap car Companies to use the “Request Reviews” function from their account to quickly and easily invite Customers to review them.
- Intellectual Property Rights
14.1. The Broken Car Guru owns all intellectual and other proprietary rights associated in the Website and Services including but not limited to the software, profile questionnaires, graphics, photos, videos, sound, any trademarks, copyrighted information and logos (“The Broken Car Guru Intellectual Property”). By using the Website, you acknowledge that you are prohibited from posting, copying, modifying, forwarding, reproducing, displaying in public and making commercial use of any other derivative works of ScrAppit Guru Intellectual Property unless you have prior written consent from ScrAppit.
14.2. Registered Users of ScrAppit may submit information when using the Website. Such information is the sole responsibility of the person or entity that submitted the information and the consequences of posting it. All submitted information is identified as copyright protected whether it has copyright protection or not except for Customer submitted feedback and reviews. Where copyright ownership belongs to a third party, you are obligated to attain the necessary rights before using such information.
14.3. You acknowledge by submitting Content to the profile pages or common areas of the Website you certify you have the right to grant and therefore expressly grant ScrAppit with an irrevocable, perpetual, royalty free license to use, communicate, reproduce and publicly display for commercial purposes and any other purposes all the information you have submitted.
- Viruses and Malware
15.1. ScrAppit does not guarantee that the Website will be secure or free from bugs, viruses or other malware. You are responsible for configuring your information technology, computer programmes and platform to access the Website (if applicable). You should use your own virus and malware protection software.
15.2. ScrAppit will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, malware or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website, or on any website linked to the Website.
15.3. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs, malware or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.
16.1. ScrAppit may from time to time use your email address to send you messages notifying you of any important changes to our Services or special offers and promotions. If you have voluntarily provided us with your telephone number, we may use this as an alternate source of contacting you regarding our Services. If you do not want to receive such email messages or telephone calls you can notify us via our contact details listed on the Website.
- Disclaimer of Warranties
17.1. You understand and acknowledge that the Services are provided on an “as is” and “as available” basis and ScrAppit does not accept any responsibility for the prompt or delayed delivery, accuracy or existence of information between users.
17.2. The Broken Car Guru does not warrant that the Services will be secure, uninterrupted, defect-free or will meet your requirements. Furthermore, will not warrant any information or content obtained from the use of the Website including the facilitation of user submitted information will be correct, accurate or reliable.
17.3. In using the Services, you may agree to engage in the Services provided by another entity, your choice to involve yourself in these Services will be subject to separate terms between you and the entity involved. You agree that ScrAppit has no selection over which entity you choose to involve, and you use these Services at your sole discretion and risk.
- Limitation of Liability
18.1. You acknowledge and agree that you use ScrAppit Services at your own risk and ScrAppit will not be responsible for or accept any liability in relation to any direct or indirect damages including but not limited, to loss of profits, loss of data, service interruptions, even if ScrAppit knows of or has been advised of the possibility of such damages.
18.2. While the Broken Car Guru undertakes initial limited screening of businesses registering for the Services, The Broken Car Guru accepts no responsibility in relation to the conduct of these businesses towards future users of the Website and Services.
18.3. Under no event will The Broken Car Guru be liable for any damages whether directly or indirectly relating to the conduct of you or anyone else in connection with the use of the Website or Services including but not limited to financial loss, emotional distress, breakage of personal items or other damages resulting from business dealings with other Service Customers or scrap car Companies including Advertisers linked on our Website.
18.4. You acknowledge and agree that ScrAppit makes no representations towards the accuracy of information provided by users of the Website and have no liability to you resulting from incorrect information.
19.1. By accepting these Terms, you agree to indemnify jaxs and co trading Ltd including its directors, employees, contractors, officers, agents and other partners from any liability, loss, damage, cost and expenses (including reasonable legal expenses) resulting from your use of the Services or any unauthorised use of your account resulting in alteration of your communications with other users through the Services, the use of information submitted by you and any breach to these Terms by you. Any business agreements or transactions, which may arise between users through the use of ScrAppit and its Services are the sole responsibility of the parties involved.
- Complaints and Disputes
20.1. If you have an issue or complaint regarding the Website or Service, please consult the “Frequently Asked Questions” page. Following this, if your issue or complaint has not been resolved you could contact us by email at: info@ ScrAppit.co.nz
20.2. ScrAppit has no direct or indirect involvement with scrap car Contracts. We act only as a neutral facilitator of information between both parties. The Customer and scrap car Company are responsible for resolving any issues or disputes that may arise from a scrap car Contract.
20.3. ScrAppit treats complaints with the utmost seriousness and operates a Three Strike Policy in order to only list quality scrap car Companies. In the event that multiple complaints have been marked against a scrap car Company’s account, ScrAppit reserves the right to terminate the account of the service provider to supply its users with only quality scrap car Companies.
21.1. ScrAppit shall have the right to make any changes to the Services or to withdraw or suspend any Services or all the Services at any time, for any reason or no reason. Any changes shall take effect 30 days after being notified on the Website but shall not apply to any subscription already in train. The new terms shall apply if such subscription is renewed, from that date.
22.1. The failure of either party to enforce its rights under these Terms at any time for any period shall not be construed as a waiver of such rights.
22.2. If any part, term or provision of these Terms is held to be illegal or unenforceable, neither the validity or enforceability of the remainder of these Terms shall be affected.
22.3. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by ScrAppit:
22.3.1 via email (in each case to the address that you provide) or
22.3.2 via the Website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is sent.
22.4 ScrAppit may assign or transfer all or any part of its rights under these Terms, including any contract with a scrap car Company, at its sole discretion, without restriction. You may not assign or transfer your rights under any such contract without ScrAppit prior written consent, which may be withheld in absolute discretion.
22.5. These Terms shall be construed, enforced and governed in accordance with the laws of New Zealand, and the parties submit to the exclusive of the New Zealand courts.
These terms were last updated on 14/06/2020