Go Car Finance Client Portal terms of use
1. Introduction
The Go Car Finance Client Portal (Client Portal) is a facility established and maintained by Go Car Finance (Go Car Finance/we/us/our) which may be accessed using an up-to-date web browser. Use of the Client Portal requires the use of a confidential username and password (together, Security Credentials) which may be obtained from Go Car Finance.
These Terms of Use govern your access to and use of the Client Portal. These Terms of Use contain important information, including disclaimers and limitations of liability. Your use of the Client Portal constitutes your acceptance of these Terms of Use.
We may change the content of the Client Portal and these Terms of Use at any time without notice. From time to time, revised Terms of Use will be updated on the Client Portal. These updated Terms of Use will immediately apply to your use of the Client Portal.
There is no additional fee or charge for use of the Client Portal.
Unless otherwise defined in these Terms of Use, terms used shall have the meaning given to them in your loan document.
2. Provision of Service
Go Car Finance has the sole right to determine the extent of your access and the extent of services available via the Client Portal. Access and/or services may be withdrawn from time to time without notice. This may be due to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply. If you experience any issues or outages with the Client Portal, please notify us at info@gocar.co.nz.
3. Security
Access to the Client Portal’s services requires the use of Security Credentials. You undertake to take responsibility for, and use your best endeavours to prevent, any unauthorised use of, and access to, your Client Portal account and to protect your personal information and Security Credentials at all times. Your Security Credentials must remain confidential to you alone and you must take all reasonable steps to prevent disclosure of your Security Credentials. For example, you must:
- Memorise your Security Credentials and your Client Number
- Not leave your device unattended and logged in to the Client Portal
- Not disclose your Security Credentials to anyone (including the Police, Go Car Finance staff or your family)
- When entering your Security Credentials into the Client Portal, take care to ensure no-one can see you enter your Security Credentials
- Report the disclosure or possible disclosure of your Security Credentials to Go Car Finance as soon as you are aware or suspect your Security Credentials have been disclosed.
4. Intellectual property rights
You acknowledge that all intellectual property rights (including copyright) in the content, layout, design, concept, graphics, software, and organisation of the Client Portal (Go Car Finance Materials) is owned by or licensed to Go Car Finance.
Go Car Finance grants you a non-exclusive, non-transferable, revocable licence to use the Client Portal for your personal use in accordance with these Terms of Use.
You may not otherwise copy or change the Go Car Finance Materials, and must not adapt, communicate, sell, or otherwise deal with the Go Car Finance Materials. You must not tamper with any copyright notice appearing on the Client Portal or in Go Car Finance Materials accessed via the Client Portal. If you submit any information to us through the Client Portal, Go Car Finance will own all rights in the content that you submit.
"Go Car Finance" and "My On Road Plan" and all related graphics, logos and product and service names are trademarks (both registered and unregistered) of Go Car Finance. These trademarks, logos and other proprietary graphics may not be used in connection with any other product or service without Go Car Finance’s express prior written consent. You must not tamper with or commercially use any trademark, logo, or names (including business names and domain names) appearing on the Go Car Finance Client Portal or in materials accessed via the Go Car Finance Client Portal.
You acknowledge and agree that:
- You will not do anything to or which might hinder, impede, invalidate or challenge Go Car Finance’s ownership of or entitlement to use or the registration of any part of the intellectual property or which might diminish the value of the intellectual property in the Client Portal and/or Go Car Finance Materials; and
- any use of the Client Portal, including its content (including the Go Car Finance Materials) and services, other than as expressly permitted by these Terms of Use or by law, is not licensed and is strictly prohibited.
5. Disclaimers
The Client Portal is provided to you on an "as is" and "as available" basis, and may from time to time contain errors, faults and inaccuracies. Subject to Go Car Finance’s legal obligations, including but not limited to the Consumer Guarantees Act 1993, the Fair Trading Act 1986 & the Credit Contracts & Consumer Finance Act 2003, we make no representation and provide no express or implied warranty or guarantee about the security of the Client Portal, the safety of any file or software associated with it (such as safety from any virus or defects including those which could damage or interfere with any data, software or hardware with which it might be used) or that access to the Client Portal will be uninterrupted.
The terms and conditions of your loan are contained in your loan document. For the avoidance of doubt, in the event of any conflict between the content of the Client Portal and the terms and conditions of your loan, the terms and conditions of your loan take precedence.
Subject to Go Car Finance’s legal obligations, including but not limited to the Consumer Guarantees Act 1993, the Fair Trading Act 1986 & the Credit Contracts & Consumer Finance Act 2003, we do not give any express or implied warranties or guarantees and make no representations in relation to the Client Portal. In particular, while reasonable care is taken in its preparation, Go Car Finance does not guarantee or warrant the accuracy, quality, completeness, reliability or currency of Client Portal (including any errors in or omissions from the content of the Client Portal), or of any Go Car Finance or third-party websites, materials, information, products or services promoted or accessed via the Client Portal, or their usefulness in achieving any purpose. You should make and rely on your own assessment and enquiries to verify the accuracy of the information provided. If you identify an error, inaccuracy, or any other issue with the content of the Client Portal, please notify us immediately by emailing info@gocar.co.nz.
Go Car Finance does not provide telecommunications services and does not warrant that you will have continuous access to the Client Portal or that it will be supplied fault free. Go Car Finance will not be liable in the event that the Client Portal is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply. Go Car Finance reserves the right to suspend or terminate the availability of the Client Portal at any time.
6. Limitation of liability
Subject to Go Car Finance’s legal obligations, including but not limited to the Consumer Guarantees Act 1993, the Fair Trading Act 1986 & the Credit Contracts & Consumer Finance Act 2003, Go Car Finance and its officers, employees and agents accept no liability for any damage, loss, illness or injury (including any loss of profits or income, business interruption, and loss or corruption of data or other information) arising as a result of:
- your access to or use of the Client Portal or websites or applications linked from the Client Portal;
- the information on the Go Car Finance Client Portal, or on websites or applications linked from the Client Portal, being incorrect, incomplete or misleading;
- any action or decision by you in relation to the information contained on the Go Car Finance Client Portal; and
- any delay, failure, malfunction or interruption in access to or use of the Client Portal or websites or applications linked from the Client Portal; and
- any other cause that may be considered to be beyond the reasonable control of Go Car Finance.
You acknowledge that:
- you are responsible for and must take all reasonable care to ensure that information you supply via the Client Portal is true, complete and accurate;
- Go Car Finance accepts no responsibility or liability for the accuracy of, or failure to transmit, information requested by you as part of your use of the Client Portal;
- you are aware of and accept the risks specifically associated with any breach of the security environment relating to your use of the Client Portal (including, without limitation, the risk that third parties may gain access to your personal and/or location information which is confidential);
- Go Car Finance has no authority to act for or to incur any obligation on behalf of any Mobile Operator or Telecommunications Provider;
- Go Car Finance is at no time acting as an agent or partner of any Mobile Operator or Telecommunications Provider in providing the Client Portal and no representation is made or given by Go Car Finance that any such relationship exists; and
- neither Go Car Finance nor the Client Portal are regulated or authorised in any jurisdiction other than New Zealand and the Client Portal is intended to be available only to New Zealand residents who are clients of Go Car Finance. Go Car Finance gives no warranty that it is lawful for citizens or residents elsewhere to use the Client Portal.
You agree to fully indemnify Go Car Finance and its subsidiaries, partners, officers, employees and agents in respect of any loss or damage (including reasonable legal expenses) arising out of or in connection with:
- any loss, damage or liability resulting from any breach of security, including without limitation the use or misuse (whether fraudulent or otherwise) of your Security Credentials or confidential information;
- your use of the Client Portal;
- any person using your Security Credentials to gain access to the Client Portal; and
- any breach of or failure by you to comply with these Terms of Use.
7. Privacy statement
We collect, retain, hold, use and disclose your personal and financial information and other information submitted by you in the Go Car Finance Client Portal in accordance with our Privacy Statement. You can find our full Privacy Statement on our website, https://www.gocar.co.nz/privacy.
If you are not a client of Go Car Finance, Go Car Finance will not collect any personal information about you through your use of the Go Car Finance Client Portal.
8. Governing law
These terms and conditions are governed by the laws of New Zealand. Both you and Go Car Finance irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand.
9. Third party websites
Go Car Finance may, from time to time, facilitate access to other web-based services delivered by third parties.
Go Car Finance does not endorse or verify the accuracy of the content on any third-party websites or applications. Go Car Finance has no control over and is not responsible for the content of linked third party sites and does not endorse or make any representations regarding their suitability, content or accuracy. Your use of third-party websites or applications is at your own risk and subject to the terms and conditions of use for such sites and the privacy policy applicable to any such site. Go Car Finance is not responsible for and will not be liable in respect of any incorrect link to an external website.
10. Definitions
“Client” means a person who is a borrower under a Vehicle Loan Agreement where Go Car Finance is the lender. To avoid doubt, borrower & lender have the meanings given to them in the Vehicle Loan Agreement.
11. Questions
Please email info@gocar.co.nz or phone us on 09 979 7666 if you have any comments or questions regarding the Client Portal or these Terms of Use.