The owner and operator (the “Owner”) of this Site is Driver Club (the “Club”). The Site was established for the following purposes:
- To explain the benefits of the Owner’s products and services
- To provide, where applicable and to certain of the Owner’s customers, the opportunity to register for membership in the Club (“Club Membership”), and subsequent eligibility to receive members’ benefits.
Acceptance of our Terms
By enrolling in the Club, you are agreeing to the Terms and Conditions as set forth in this document. You understand, agree and acknowledge that these Terms constitute a legally binding agreement between you and the Site, and that your enrolment in the Club shall indicate your acceptance of this agreement. If you do not agree to the Terms and Conditions, do not use or download materials from this Site and do not enrol in the Club.
The benefits and services described on this Site are available to consumers in New Zealand only, and are subject to all applicable New Zealand laws and regulations. With respect to the Club, the Owner agrees to enrol any eligible customers for coverage under a group plan with a third party (the “Club Provider”). All services with respect to the Club will be provided by the Club Provider and not by Owner. However the Owner will solely determine eligibility of customers for enrolment in the Club.
Club Membership
When eligible customers are enrolled in the Club through this Site, their membership in the Club (“Club Membership”) is a limited license which will entitle them to the Club benefits for which they are eligible. The benefits of the Club Membership:
- May be used only by the enrolled member for the duration of the Club Membership
- Are subject to any and all restrictions imposed on the Club Membership by the Club Provider and/or the Owner (such as the time, place, or scope of provision of any of the Club benefits)
- May not be transferred by the enrolled Club member for any reason whatsoever.
Disclaimers
To the extent permitted by law, the Owner disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
This Site may contain inaccuracies and typographical errors. The Owner does not warrant the accuracy or completeness of this Site or the reliability of any advice, opinion, statement or other information displayed on or distributed through this Site. The Owner does not warrant that the functionality or operation of the Site will be uninterrupted or free from error, that any defects in the web site will be corrected, or that the Site or the server(s) that makes the Site available are free of viruses or other harmful conditions or components.
The Owner has the discretion to change any of the programs or products described in this Site at any time without notice including, but not being limited to, discontinuing the Club or changing the benefits or conditions of eligibility for Club Membership.
Limitation of Liability
To the extent permitted by law, the Owner disclaims all liability, whether based in contract, tort, negligence, strict liability or otherwise, for damages of any kind (including, but not limited to, direct, indirect, incidental, consequential, special, punitive or exemplary damages), even if Owner is expressly advised of the possibility of such damages, in any way arising from: (1) the functionality or operation of this Site (including, but not limited to, damages arising from interruptions of service or delay in operation or transmission), (2) the enrolment in the Club, (3) the availability of or provision or denial of services or other benefits provided through the Club, or (4) any acts, omissions, or determinations of any Club Provider or any party other than Owner.
Third Party Information, Goods and Services
The Owner may, from time to time, offer access to information, goods and services provided by third parties. In relying on any such information or purchasing any such goods or services from such third parties through this Site, you acknowledge that the Owner is not acting as agent or adviser. The Owner makes no representations about and disclaims any and all liability for any such information, goods and services. With respect to the Club Provider or any service provider or vendor, the Owner does not (1) endorse any specific service provider or vendor, (2) provide advice on which service provider or vendor to select, or (3) guarantee the service providers’ or vendors’ information, goods or services. The Owner is not liable in any manner to any person for the failure of any information, goods or services from such third parties.
In addition, you hereby waive and release the Owner, its affiliates, and each of their Officers, Directors, Employees and Agents, from any damages of any sort and claims, whether direct or otherwise, that arise out of or result from any dealings or transactions between you and the Club Provider or any other third parties from whom you obtain any information, goods or services through this site.
Personal Information
The Owner may request certain confidential information to provide you the products and services offered through this Site. Except as expressly provided in this Site’s Privacy Policy, you agree that any information or materials that you or anyone acting on your behalf provide to the Owner will not be considered confidential or proprietary and you consent to the use of personal information you provide to the Owner and that the Owner gathers about you on this Site, all according to the terms of the Privacy Policy.
The Owner will not knowingly request information from children without verifiable parental or guardian consent. By enrolling in the Club or this Site, you represent to the Owner that you are at least eighteen (18) years of age.
Third Party Web Sites The Owner may provide on this Site links to websites operated by other entities, including without limitation websites operated by the Club Provider. If you use any of these links, you may leave this Site and divert to the other Site, however you will do so at your own risk.
Changes
The Owner reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time. Changes in these Terms and Conditions will become effective upon notice of such changes being posted on this site. Your continued use of this Site constitutes your acceptance of the changes to the Terms and Conditions.
The Owner may terminate, change, suspend, or discontinue any aspect of this Site, including the offer of enrollment in the Club or the availability of any features of this Site, at any time. The Owner may also restrict your access to parts or all of this Site without notice or liability. The Owner may terminate the authorisation, rights and license given in these Terms and Conditions.
Choice of Law
This Site is controlled, operated and administered by the Owner from its offices in New Zealand. The Owner makes no representation that the contents of this Site are appropriate or available for use in any other jurisdiction outside of New Zealand and access to this Site from any jurisdiction where its contents are illegal is prohibited. These Terms and Conditions shall be governed by the laws of New Zealand.
Integration and Serviceability of Agreement
The entire Agreement between you and the Owner with respect to the use of this Site is acknowledged by your Agreement to the Terms and Conditions posted on this Site. However, the benefits provided by the Club and the Club Provider may be subject to additional terms, conditions, requirements, or other restrictions which are not included in this Site. If, for reason of law within the New Zealand jurisdiction, these Terms and Conditions are found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect.