Terms and Conditions

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).

1. Definitions

Agreement means these Terms and Conditions, the Privacy Policy, the Registration, any Supplier Proposal and any other commercial agreement entered into between Crash Management and Users or Suppliers.

CGA means the Consumer Guarantees Act 1993.

Crash Management means Crash Management Services Limited (9429031868945) of Tenancy B, Level 5, Building 5, Central Park, 666 Great South Road, Ellerslie, Auckland 1051.

FTA means the Fair Trading Act 1986.

GST 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.

Information 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.

Intellectual 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.

Job 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.

Loss 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.

Platform means the Crash Management’s website, mobile website, 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 managed and maintained by Crash Management but hosted by AWS.

Privacy Policy means Crash Management’s Privacy Policy from time to time, as accessed via the Platform.

Quote means any quote given in writing by the Supplier to the User in respect of a Job submitted by that User.

Registration 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.

Repair 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.

User or you 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).

Services 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 this Agreement.

Supplier 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.

Supplier Proposal means the Supplier/Panel Beater Proposal between Crash Management and the Supplier that is negotiated, accepted and signed by the Supplier.

User, 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).

User 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.

In this Agreement:

Gender. Words importing any gender include the other genders.

Headings. Headings will be ignored in construing this document.

Inclusive Terms. Use of inclusive terms such as “includes” or “including” will be read as “includes, without limitation” or “including, without limitation”.

Numbers. Words importing the singular include the plural and vice versa.

Persons. References to persons include corporations.

Writing. References to writing include any mode of representing or reproducing words in visible form, and include email transmissions and electronic messaging.

2. Scope of the Services

From the date that Crash Management accepts the User’s or Supplier’s Registration, Crash Management will provide the Services, subject to this Agreement.

Crash 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.

3. General Terms

The Services are made available for personal and non-commercial use only. During the term of this Agreement, Users and Suppliers must:

1. comply with the User Guide and all reasonable directions from Crash Management;
2. comply with all state and federal laws and regulations applicable to the Platform and the Services;
3. not use the Platform, or permit the Platform to be used (whether directly or indirectly), in any way that:
1. commits, or encourages or causes to be committed by any person, any offence or unlawful act or omission; and
2. is discriminatory, offensive, hateful, harmful, violent, defamatory, harassing, abusive, threatening, malicious, inflammatory or otherwise objectionable;
3. is pornographic, sexually explicit, obscene or excessively profane;
4. is fraudulent, false, misleading or deceptive; or
5. infringes, or encourages the infringement of, a third party's rights, including intellectual property, confidentiality or privacy rights;
4. not infringe Crash Management’s intellectual property rights;
5. not use the Platform, or any of Crash Management’s intellectual property (including trademarks, logo, brands etc.) in any way that represents or implies an endorsement or association;
6. not resell, deep-link, use, copy, monitor (e.g. spider, scrape etc.), display, download or reproduce any Information, software, bookings, tickets, products or services available on the Platform for any commercial or competitive activity or purpose;
7. not decompile, reverse engineer or disassemble the Platform, or otherwise attempt to derive the source code for the Platform;
8. not copy or modify the Platform, create derivative works based on the Platform, or use the Platform to develop any product or service which has the same or similar primary function as the Platform; and
9. not provide, resell or white label the Service (or any part of it) to any other person, whether or not as part of any other service.

4. Information Displayed on the Platform

Crash 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:

1. any error, omission or imperfection in any Information (including manifest and typographical errors);
2. the deletion or failure to properly store any Information;
3. any invalid, illegal, misleading or inaccurate Information;
4. the non-delivery or untimely delivery of Information;
5. any unfavorable, negative, dishonest, discriminatory, offensive, harmful, defamatory, abusive, malicious, or otherwise objectionable comment, review or rating submitted by any Users; or
6. the uploading, downloading, accessing, editing or removing of any Information on the Platform.

Without limiting the above, Crash Management reserves the right to edit, remove or delete any Information displayed on the Platform at its discretion.

All 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.

All 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.).

Users and Suppliers hereby grant to Crash Management (and warrant that they have the right and authority to grant to Crash Management) a perpetual, irrevocable, non-exclusive, transferable and payment-free licence throughout the world to reproduce, use, disclose, copy, modify, sublicense, adapt, develop and otherwise exploit all Information provided to Crash Management or uploaded on the Platform.

Users and Suppliers agree that all Information provided to Crash Management or uploaded or displayed on the Platform is not confidential and that Crash Management may reproduce, use, disclose, or copy the Information in any way that it sees fit, except to the extent that the Privacy Policy expressly states otherwise.

Crash 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.

Crash 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).

5. Using the Platform

Crash 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.

Crash 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.

Crash Management is not responsible or liable for any act, omission, error or negligence of any other third party users of the Platform.

Crash Management does not endorse the content of advertisements appearing on the Platform and is not responsible or liability in respect of any such advertisements.

6. Privacy and Cookies

Crash 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.

7. For Users

By 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.

Crash 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.

Users acknowledge, accept and agree that:

1. Crash Management is not an agent or partner of any of the Suppliers;
2. Crash Management cannot be held responsible for any act, omission, error or negligence of any Supplier or any matters relating to the Repair Services provided by any Supplier including the quality of Repair Services and whether Repair Services are successfully delivered, have failed to be delivered, are delayed, defective or otherwise;
3. Crash Management cannot be held responsible for any misquoting, inaccuracy or errors in quotes, changes to quotes or withdrawal of quotes by the Suppliers in relation to any Job;
4. Crash Management cannot be held responsible if the Repair Services described in the Quote in relation to any Job differ in any respect (and for any reason) from the Repair Services ultimately supplied by the Supplier;
5. 5. Users are solely responsible and liable for their (and any person acting on their behalf’s) use of the Platform and any interactions with Crash Management, the Suppliers and any third party, including in relation to submitting a Job, reviewing and selecting any Supplier’s Quote, booking Repair Services, paying any Supplier and all other matters relating to the transaction between Users and Suppliers;
6. Crash Management is not a party to any contract or contractual relationship which comes into existence or any agreement or dispute between Suppliers and Users; and
7. Crash Management is not responsible or liable for any Loss suffered or incurred at any time by Users, or any third party as a result of or arising in any way out of points (1) to (6) immediately above.

Crash 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.

Users 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.

Users 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.

8. For Suppliers

By completing 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.

Suppliers represent and warrant that:

1. they are authorised to provide their Supplier Information to Crash Management and/or directly upload on the Platform; and
2. all Supplier Information provided to Crash Management and/or uploaded on the Platform is not discriminatory, defamatory, offensive, dishonest or misleading, does not infringe on any intellectual property rights of any third party, and does not infringe on any laws and regulations of New Zealand;
3. they will perform all Repair Services in accordance with legislative, industry and professional standards and the laws and regulations of New Zealand;
4. they have taken out and will maintain all required insurances, approvals and licences as required by the laws and regulations of New Zealand;
5. will not engage in any criminal activity; and
6. they will not use other means to locate Users’ information without paying the Service Fee set out below.

Suppliers acknowledge, accept and agree that:

1. they are solely responsible and liable for their own (and for any person acting on their behalf’s) use of the Platform and any interactions with Crash Management, Users and any third party, including in relation to quoting Jobs, promoting Repair Services, providing Repair Services and for collecting payment for the Repair Services;
2. Crash Management plays no role (neither active or inactive) in the method of selection by the Users of a quote and Crash Management does not guarantee that Users will select the lowest priced or best quote;
3. Crash Management is not responsible for the accuracy, completeness, correctness, reliability or timeliness of the Information provided by a User when posting a Job;
4. Crash Management is not a party to any contract or contractual relationship which comes into existence, any agreement or any dispute between Suppliers and Users; and
5. Crash Management is not responsible or liable for any Loss suffered or incurred at any time by Suppliers or any third party as a result of or arising in any way out of points (1) to (4) immediately above.

Suppliers have no authority to make representations on behalf of Crash Management or bind Crash Management in any way.

Suppliers must pay Crash Management a service fee (Service Fee), as set out below:

1. The Service Fee is payable in respect of each Job booked through the Platform, whereby the Supplier provides the Repair Services, the User pays that Supplier for the Repair Services and the transaction is complete.
2. The Service Fee is an amount equal to an agreed percentage (%) of the total invoice amount exclusive of GST of the Repair Services.
3. The Service Fee is exclusive of GST and the Supplier must pay the corresponding applicable amount of GST at the same time as the Supplier pays the Service Fee.
4. The Service Fee becomes payable immediately after the Supplier has completed the Repair Services (regardless of whether there have been any variations to the Repair Services, including changes from the original quoted amount or scope of work of the Repair Services).
5. Thereafter, Crash Management will issue the Supplier with a tax invoice.
6. The Supplier must pay any tax invoice within fourteen (14) days of issue regardless of whether the amount is disputed and without deduction, set-off or delay, to such bank account as Crash Management nominates in writing.
7. If the Supplier does not make a payment when due, then the amount unpaid will bear interest at a rate of 2% per month, compounded monthly.
8. The Service Fee percentage might change from time to time. Other fees or charges might be charged or introduced from time to time, but will be communicated to the Supplier in advance.

Crash Management takes breaches very seriously and failure to adhere to this Agreement (including prompt payment of the Service Fee) may result in a warning or immediate termination as set out in clause 9 below.

9. Duration and Termination of Agreement

From the date Crash Management accepts the User’s and Supplier’s Registration, this Agreement commences and continues for an indefinite period until terminated in accordance with this clause 9.

When 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.

If Users or Suppliers do not comply with this Agreement, or if in the opinion of Crash Management there has been serious breach of this Agreement or serious misconduct (e.g. gross negligence, abuse of the Platform, illegal conduct, incorrect statement of damage, fraud etc.), Crash Management reserves the right, without prior notice effective immediately, to:

1. deny or alter access to the Platform (or any related functionality) and/or the Services;
2. suspend this Agreement; or
3. terminate this Agreement.

Crash 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 the suspension or termination of this Agreement or the denial or altering of access to the Platform and/or the Services.

The 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 this Agreement (including legal costs on a solicitor and own client basis) in the event of a breach or threatened breach by the User or Supplier.

The termination of this Agreement will not affect the accrued rights and remedies of Crash Management as at the date of termination. Clauses 9, 12 and 14 will survive the termination of this Agreement, as will any other provision that by its nature is intended to survive termination.

10. Managing the Platform and Changes to the Platform and the Services

Crash Management reserves the right to control, manage, modify and maintain the Platform in its sole discretion and without prior written notice, including in relation to:

1. determining what Information can and cannot be uploaded on the Platform and how that Information is presented;
2. the Platform’s functionality;
3. revising, amending, modifying or deleting Information on any part of the Platform;
4. terminating or restricting access to the Platform (or parts thereof); and
5. modifying, suspending or cancelling any of the online services provided via the Platform.

Crash 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.

11. Dispute Resolution

All questions or disputes relating to this Agreement, the Platform, the Services and the Service Fee should be submitted to Crash Management directly (crashteam@crashmanagement.co.nz). Crash Management will endeavour to answer any questions and resolve any disputes expeditiously.

Users 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.

12. Warranty, Limitation of Liability and Indemnity

Crash 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 this Agreement, 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 this Agreement are excluded.

Without 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 this Agreement:

1. under any condition or warranty that by law cannot be excluded;
2. under any consumer guarantee or other right under any law; or
3. on any other basis (including contract or negligence),

is 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.

To 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 this Agreement.

To 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:

1. any breach of this Agreement by that User or Supplier;
2. any act, omission, default or negligence of that User or Supplier;
3. any claim, demand, suit, action or proceeding by any person against any of those indemnified arising out of that User or Supplier’s use of the Platform or the Services;
4. the provision of Repair Services;
5. any disputes with a User and/or Supplier (as the case may be); and
6. any matters relating to Information supplied to Crash Management and/or uploaded on the Platform.

This indemnity may be enforced by Crash Management before and without incurring any expense or making any payment to any person.

13. Fair Trading Act and Consumer Guarantees Act

For 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.

14. Intellectual Property Rights

Unless 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 Crash Management, its suppliers or providers.

Crash Management 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 Crash Management’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 Crash Management. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of Crash Management’s intellectual property rights.

‘Crash Management’ and ‘crashmanagement.co.nz’ are trademarks, business/trade names and domain names belonging to Crash Management. Any use of these trademarks, business/trade names and domain names without 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.

15. Registration and Notices

As 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.

Any notice or other written communication sent by Users and Suppliers under or in connection with this Agreement 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.

An 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.

16. Miscellaneous

This Agreement is to be construed according to, and is 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 this Agreement.

Neither Crash Management, Users nor Suppliers may transfer or assign its rights or obligations under this Agreement 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 this Agreement.

This Agreement constitutes the entire agreement between Crash Management and Users and Suppliers in relation to its 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 this Agreement or incorporated by reference.

In 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.

These 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).