Terms & Conditions
Welcome to theindex.co.nz (Website). This Website is operated by The Index Limited (The Index) and is provided solely to assist customers to gather information, determine the availability of freight-related services, make legitimate bookings or otherwise transact business, and for no other purpose.
ACCEPTANCE OF THE TERMS, CONDITIONS AND NOTICES
By accessing and/or using this Website, you agree to be bound by the terms, conditions and notices (Terms) contained and referenced here. If you do not accept these Terms, please do not use this Website.
Any services that you book on this Website are entered into with your agreement that these Terms, and the Introduction Services Terms and Conditions (below), apply to the transactions, so please read them carefully.
We also advise you to return to this page periodically to review it, as we reserve the right at any time, at our discretion, to replace, change or modify our Terms without notice. Therefore your continued use of this Website signifies your acceptance of the current version of the Terms.
The information contained on this Website constitutes an invitation to treat and is not capable of acceptance by you. Any booking made or order placed by you is deemed to be an offer made by you to book the relevant arrangements subject to these Terms, Introduction Services Terms and Conditions and any terms and conditions of the supplier. In making that offer you waive any rights you might otherwise have had to challenge the validity or enforceability of any contracts you enter into on the Website on the grounds that it was made in electronic form instead of by paper and/or signed or sealed.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that: (i) You are at least 18 years of age; (ii) You possess the legal authority to create a binding legal obligation; (iii) You will not use this Website for any purpose that is unlawful or prohibited by these Terms; (iv) You will only use the Website to make legitimate bookings for you or for another person for whom you are legally authorised to act; (v) all information supplied by you on this Website is true, accurate, current and complete, and, in the case of information you provide about other individuals, you are authorised to provide such information.
We retain the right, at our sole discretion, to deny anyone access to this Website and/or the services we offer, at any time and for any reason including, but not limited to, violation of these Terms.
The content and information on this Website (including, but not limited to, price and availability of the services provided), as well as the infrastructure used to provide such content and information is proprietary to us or our suppliers and providers.
While you may make limited copies of your bookings and orders (and related documents) for services booked through this Website, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
- (i) use another person’s name, ID or password without permission or use the Website while impersonating another person;
- (ii) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website;
- (iii) make any speculative, false, or fraudulent booking or any booking in anticipation of demand;
- (iv) copy, reproduce, republish, transmit or otherwise communicate to the public any content provided in this Website including, without limitation, text, graphics, button, downloads and software without our express written permission, except where permitted by law;
- (v) access, monitor or copy any content or information on this Website using any robot, spider, scraper, program, algorithm or other automated means or any manual process for any purpose without our express written permission;
- (vi) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
- (vii) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- (viii) deep-link to any portion of this Website (including, without limitation, the purchase path for any services) for any purpose without our express written permission; or
- (ix) "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.
Your use of the Website is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, The Index disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
Where supplier services are offered on the Website, The Index disclaims and excludes liability for any guarantees that a supplier service will be carried out with reasonable care and skill, fitness for a particular purpose, time of completion or price for the provision of that service.
We make every effort to ensure that all information displayed on the Website is accurate; however, as a considerable amount of the information on the Website is provided by our service partners, we are unable to guarantee the accuracy of all information. Nor are we able to guarantee that the site is free of errors or faults.
We reserve the right to change information displayed on the Website (including these Terms) at any time without notice to you.
The Index does not monitor or investigate websites linked to the Website and accepts no responsibility or liability in relation to any contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. The Index is not responsible for webcasting or any other form of transmission received from any linked site. By including a link to another site on the Website, The Index is not endorsing it — you use the link at your own risk.
LIMITATION OF LIABILITY
To the maximum extent permitted by law and without limiting your rights under the Consumer Guarantees Act 1993, in no event shall The Index and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions/ratings appearing on this Website; any computer viruses, information, software, linked sites, products, and services obtained through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a negligence, contract, tort, strict liability, or otherwise, and even if The Index and/or those suppliers have been advised of the possibility of such damages.
If, despite the limitation above, The Index or its suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to The Index in connection with such transaction(s) on this Website, or (b) One Hundred Dollars (NZ$100.00) or the equivalent in local currency.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of The Index, and/or its respective suppliers.
This Website is governed by New Zealand law and by using the Website you submit to the jurisdiction of the courts of that country.
Introduction Services Terms and Conditions
WHAT WE PROVIDE
- We provide a platform that introduces you, the purchaser of supplier services, to the supplier.
- If you nominate a supplier to carry your freight the contract of carriage will be between you and the relevant supplier, specifically excluding us. It is important that you understand that we are not responsible for anything relating to the supplier services you receive. For example, we will not be responsible in the event of any delay, damage or dispute between you and your supplier.
- We do not recommend any supplier over another.
HOW OUR WEBSITE WORKS
- You must open an account with us by registering on the Website.
- Our Website then enables you to obtain quotes from one or more suppliers to carry your goods. Once you request a quote you will be provided with a (range of) price(s) for carrying your goods. This(/these) price(s) will not include any duty, GST, Customs (other than clearance fees if you selected Customs and cartage in your quote request), MAF charges or any other government-related fees or charges that may be payable on the goods.
- You can choose to make a booking by selecting and confirming any of the quotes provided, or not to proceed.
- After you confirm a booking, you will receive the chosen supplier's terms and conditions (if any). Please read these terms and conditions carefully. In proceeding with the booking after receipt of the supplier's terms and conditions, you agree to abide by the terms and conditions imposed by any supplier with whom you choose to deal including, but not limited to, terms and conditions and compliance with the relevant Supplier's rules and restrictions regarding availability and use of services. You understand that any violation of any such supplier's rules and restrictions may result in cancellation of your booking(s), and/or you being denied access to the applicable services, in your forfeiting any monies paid for such booking(s), and/or in our debiting your account for any costs we incur as a result of such violation.
- Unless you cancel your booking in accordance with these terms, you may be charged up to the full amount of the booking made.
CHANGES TO BOOKINGS
- If you wish to amend or cancel your booking, you must notify us within four (4) working hours of making the booking. We will use reasonable efforts to assist you, but we cannot guarantee that changes can be made. Please note that some suppliers may permit cancellations or changes but this may involve a charge to you.
- In addition, we will apply an administration charge for all booking changes and permitted cancellations.
- The final amount you will be charged by the supplier may vary from that quoted on a pro rata basis depending on the final weight, measure and service provided. Once the supplier knows the exact weight and measure of your shipment, you will be emailed a confirmed quote. Index will then provide you with an invoice on behalf of the supplier setting out the final amount you will be charged (excluding any duty, GST, Customs, MAF charges or any other government related fees or charges that may be payable on the goods) .
- The supplier will email you the expected delivery date. You must make payment for supplier services 24 hours prior to delivery of your shipment to the delivery address and you agree to make payment to us via a debit to your nominated credit card, or direct debit from a bank account you specify.
LIMITATION OF LIABILITY
- To the maximum extent permitted by law and without limiting your rights under the Consumer Guarantees Act 1993, in no event will we and/or our respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products, and services obtained through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a negligence, contract, tort, strict liability, or otherwise, and even if we and/or our respective suppliers have been advised of the possibility of such damages.
- If, despite the limitation above, we or our respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability will in no event exceed, in the aggregate, One Hundred Dollars (NZ$100.00) or the equivalent in local currency.
- The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of The Index, and/or its respective suppliers.
- We always try to settle any issues or complaints quickly and fairly. Any correspondence should be emailed to us, or sent to us by filling out the form on our Contact page. Where appropriate we may offer our assistance to mediate any dispute between you and the supplier.
In these Terms, the following expressions have the meanings set out below:
Introduction Service Terms and Conditions means the introduction service terms and conditions of The Index.
Supplier means the suppliers that list freight-related services to be booked by customers on the Website.
Supplier Service means any freight related services offered by suppliers on the Website.
Service Fee means the fee set by us from time to time for providing the introduction services.
You or Your means users of the Website.
We, Us, Our, and The Index means The Index Limited.