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Terms & Conditions

TERMS AND CONDITIONS

TERMS OF SERVICE

OVERVIEW

This website and business is operated by Driver Tech Limited, trading as DriverCam and DriverTech.

Throughout the site, the terms “we”, “us” and “our” refer to DriverCam and DriverTech. DriverCam and DriverTech offer this website and business, including all information, tools, products and services available from direct engagement with you by phone, by writing, email, text, messaging service and in person and/or from this site to you , the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here in the Terms of Service.

By visiting our site and/ or purchasing something from us and/or trading with us and/or purchasing from us directly by invoice and/or by purchase order number and/or communicating and corresponding with us and/or using any products whatsoever supplied by us and/or any technical services including installation, you have engaged in our “Service”, herein referred to as Service. You agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site and those who engage our Services, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website or Service. By accessing or using any part of the site or Services, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website and you must advise us in writing and not use any Services from us. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service and accepted by use of our Services, a request to complete Services from you to us by, without limitation, verbal, written, text message, issuance of invoice or other means of communication and/or by payment.

Any new features or tools which are added to the current store or our Service shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website and/or Services following the posting of any changes constitutes acceptance of those changes.


SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your place of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site or our Services provided are not accurate, complete or current. The material on this site and our Services are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site or our Services is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site or Services at any time, but we have no obligation to update any information on our site or Services. You agree that it is your responsibility to monitor changes to our site or Services.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products and/or Services are subject to change without notice.

We are not required to price match other retailers, if we do chose to price match other retailers it is based on a comparison with the normal GST inclusive retail price of fellow New Zealand retailers. It excludes comparison with prices that are sales, clearance, bundle deals, bulk order discounts, business pricing, discount codes, or retailers who are contravening the terms of their trading agreement with the manufacturer and excludes comparison with competitors who are headquartered outside of New Zealand or ship from outside of New Zealand, this is regardless of the .co.nz extension of their domain.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund/Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products and Services are represented. Please review the specifications information. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing or Services pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product or Service at any time. Any offer for any product or Service made on this site is void where prohibited.

You are responsible for assessing and determining the Services you choose and the consideration of suitability for you, your use, your vehicle, your car's manufacturer/dealer and other technologies that connect to the camera e.g. your mobile and its operating system. You cannot solely rely on the information provided by us and we are not responsible for the liability or correction of any errors in the Service.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you from us will meet your expectations, or that any errors in the Service will be corrected.

We hold no responsibility for the consequences of the use of our products and/or Services by you in and/or on your property under your control, for example and without limitations the breach and/or loss of a warranty provide by the vehicles dealer/manufacturer or other third party. We presume when engaged by you to provide Services that approval from any third party with interest in the vehicle or property and warranty provider has been obtained by you e.g. the car dealer or manufacturer who has provided you with a warranty on your vehicle. 

  
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order or request for Service you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors or are beyond the use of a typical individual.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You agree that you have the right to use a credit card or other means of payment or have permission from the lawful owner to use a credit card or other means of payment to purchase services or products from us.

 You agree that invoice(s) issued by us to you for Services will be paid in accordance with the payment terms outlined on the invoice. If payment is not made as per the payment terms we reserve the right to recover the debt without notice through the debt recovery options available to us and of our choosing, including and without limitation, Debt Collection Agency, Disputes Tribunal, District Court and High Court (liquidation). The costs associated with and for the recover the debt will be borne by you.

Ownership of the Service does not pass to you until payment has been made in full and in cleared funds.

For more detail, please review our Refund/Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content and/or our Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, and/or timely, and/or secure and/or error-free.

We do not guarantee, represent or warrant your use of our Service for whatever purpose it may be. 

We do not warrant that the results that may be obtained from the use of the Service will be accurate and/or reliable and/or without error and/or interruption.

You agree that from time to time we may remove the Service for indefinite periods of time for or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your and/or the organisation that you represent sole risk.

The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall DriverCam, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, disputes with others, employment relations matters, lost savings, loss of data, replacement costs, repair costs, reputational damage, hurt and humiliation, stress, criminal proceedings or prosecution, loss of opportunity, counter claims by others, failure to receive compensation from insurer, breach of a third party warranty, loss of warranty from a third party, claims by third party against you or others or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, any failure of the Services, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless DriverCam and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website without notice. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at sales@drivercam.co.nz.
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 RETURNS/REFUND POLICY

PEACE OF MIND - 14 DAY RETURNS

If an incorrect product is ordered or you change your mind, it may be returned (refund) or exchanged within 14 days of purchase. If 14 days have gone by since your purchase, unfortunately, DriverCam can’t offer you a refund or exchange.

To be eligible for a return (refund) or exchange:

  • the item returned must be unused and in the same condition that you received it, any seals/packaging/protective films must not be broken or have been removed and/or have been readhere;
  • the item must be in the original packaging including instruction manuals and all accessories;
  • proof of purchase is required.

If these requirements are not satisfied, DriverCam reserves the right not to offer a refund or exchange. 

To arrange a return (refund) or exchange please email us at sales@drivercam.co.nz with your order details and we will respond with instructions. 

Please note you are responsible for all costs and risks of returning your order including:

  • the cost of returning your items by tracked courier, we prefer NZPost's tracked courier service;
  • any insurance charges incurred in respect of returned goods;
  • ensuring you use suitable packaging so that the items are not damaged in transit. 

REFUNDS

  • If you opt for a refund then the amount you paid will be returned less a 10% transaction fee and excludes the cost of shipping. The refund will be returned to your original method of payment e.g. credit card, debit card, bank account or Afterpay.  
  • Please note if you have made payment using Afterpay : DriverCam will make payment of the refund directly to Afterpay as per our refund policy above, which will be the value of your order excluding shipping fees less the 10% transaction fee. You will be responsible for paying any outstanding amount owed to Afterpay after the refund. 

 

EXCHANGES WHEN PAYMENT MADE BY AFTERPAY

If you have paid by Afterpay and wish to exchange your item the following applies:

  • if the value of the exchange is less or greater than the value of your original transaction Afterpay require DriverCam to follow our refund policy and that you repurchase your preferred items again using your preferred method of payment e.g. Afterpay. Please note our refund terms and transaction fees above.  

 A refund or exchange will be processed within 5 days of receiving, inspecting and confirming your return is eligible for exchange or refund. Please note there maybe a delay in exchanging items if the item is out of stock with stock due to arrive. 

Gift cards items are excluded from our returns/exchange/refund policy. 

 

INCORRECT FULFILMENT 

If you have received an incorrect item(s), please accept our apologies and contact us. Return postage will be paid by DriverCam.

 

DAMAGED OR LOST IN TRANSIT

DriverCam uses NZPost (CourierPost) for shipping nationwide and provides sufficient packaging that aims to minimise damage during delivery. That said, accidents happens. If your order arrived damaged, please contact us within 24 hours of delivery. If your order does not arrive, please contact us in 4 business days after confirmation of purchase. DriverCam will use their discretion and understanding of the facts and circumstance to determine the next steps to address the damage/loss in transit.

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TERMS OF WARRANTY

All cameras and batteries purchased and also installed by DriverCam** have a free extended 2 year warranty (1 year Manufacturer + 1 year DriverCam). 

Otherwise all cameras and batteries have a 1 year Manufacturers warranty. 

All other products (not cameras and batteries), for example MicroSD cards, are subject to the manufacturers warranty provided.

In the event your product is faulty, DriverCam will provide a remedy (replace or repair) as required by the Consumer Guarantees Act.

To return a product under warranty please:

  • Email sales@drivercam.co.nz to notify us of the issue, please include your mobile number, proof of purchase e.g. invoice number and if possible, provide a description of the problem, photo or videos evidence of the fault(s).
  • A DriverCam team member will be in touch to arrange for the return of the product by NZ Post courier to our offices for assessment. 

    Manufacturers require products under warranty to be returned to them for assessment and repair, despite using a fast carrier service we have found that this process has an approximate 4 - 8 week turnaround.

    We understand this delay is frustrating and thank you for your patience, unfortunately we do not have temporary 'loan cameras' for you to use whilst your camera is being repaired. Please note at the time of purchase you have accepted this turnaround speed and it is not a reason for you to demand to be issued a replacement product - please be kind.  

    On receiving your product our manufacturers will test and diagnose and determine either that an identical replacement should be issued or the product repaired and returned back to DriverCam. 

    Please note, in some cases, we may not be able replace your product due to the availability or discontinuation of that particular item. In this case, we'll offer a similar-spec product or the latest model. 

    The warranty does not cover damage or misuse or products which are found on inspection to be damaged or misused. DriverCam cannot be held liable for the decline of your warranty repair by the manufacturer and or any disagreement or dispute you may have over the manufacturer's decision or the standard of repair received must be directed to the manufacturer. 

    If the repair of your item is declined by the manufacturer due to damage or misuse DriverCam will issue an invoice for the costs involved with the incorrect warranty claim including and not restricted to labour (DriverCam & manufacturer) and freight (local & international). 

    Please note, if you are acquiring goods for business or commercial purposes as defined in Sections 2 and 43 of the CGA, you agree that the consumer guarantees provided for in the CGA will not apply to the supply of those goods. 

    *1 Products purchased prior to 20 May 2022 have a 1 year manufacturer's warranty. 
    *2 Products purchased from 20 May 2022 to 26 October 2023 have a 2 year warranty (1 year Manufacturer + 1 year DriverCam).
    ** from 27 October 2023. Excludes installations in vehicles of commercial/business use. 

    The information above is subject to and must be read in conjunction with our Terms of Service.

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    SHIPPING POLICY

    We deliver using tracked courier to North Island, South Island and Rural addresses. We do not offer click & collect. 

    When your order has been processed by our team you will be sent a separate email with your tracking details so you can keep tabs on your parcel. 

    To get your parcel to you quickly DriverCam opts for NZPost overnight next business day service however, NZPost warns to expect delays of up to 3 days and further for remote or rural addresses. 

    Your signature will be required unless you have a pre-existing ATO (authority to leave) at your address. We are not liable for parcels that are stolen from ATO addresses or where a person(s) have fraudulently represented themselves as the recipient. Please choose a safe delivery address for NZ Post to deliver to. 

    Please understand that you accept when making your purchase that DriverCam can't control the delivery of your parcel once it is handed over to the courier and can't be held liable for any delay and inconvenience caused by the courier failing to deliver when expected. 

    Any claim you may have for a delivery error by the Courier is to made to NZ Post. 

    DISPATCH 

    Orders received** by 4pm are dispatched on the next working day, orders after this time are the following working day.

    You will receive an email confirming your order has been dispatched and a link to track your parcel. 

    ** Orders paid by bank deposit will be processed and shipped the day funds clear in our bank account.

    Please carefully fill in your delivery information to avoid delays. Let us know during checkout in the comment box if you have any special delivery instructions. 

    DAMAGED IN TRANSIT

    If your goods arrive damaged, get lost in transit, or you receive the wrong item(s), please contact us immediately sales@drivercam.co.nz and we will assist to resolve the issue.