TERMS AND CONDITIONS

These terms and conditions (the "Terms and Conditions") govern the use of https://findmywaka.co.nz (the "Site"). This Site is owned and operated by CARHAY Interactive Ltd. This Site is a labeled as a SAAS (Software as a Service) service and is intended for use as such.

The vehicle tracking device, will be referenced by (the "VTD"). A user of our Site, will be referenced by ("you"). By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.

Intellectual Property
All content published and made available on our Site is the property of CARHAY Interactive Ltd. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:

  • Violate the rights of other users of our Site;
  • Violate the intellectual property rights of the Site owners or any third party to the Site;
  • Hack into the account of another user of the Site;
  • Act in any way that could be considered fraudulent; or
  • Violate the privacy of other users..

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

Accounts
When you create an account on our Site, you agree to the following:

  1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
  2. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
  3. Deleting your account will remove your personal data from our system and will immediately revoke your access to Find My Waka, regardless of your account status. If you have paid upfront for our services and you have deleted your account, there will be no refunds issued.
  4. It is solely the responsibility of the user to cancel any automatic payments they may have set up while using our services to mitigate any unwanted invoices/payments.
  5. If you wish to have your tracking device(s) removed from your vehicle(s) please send us an email with your details and preferred date & time for the removal: info@findmywaka.co.nz
    Please note that a $50 removal fee will apply and, based on your location, could incur additional fees. Leaving the tracking device(s) in your vehicle(s) is perfectly fine - it's yours to keep. You may also have somebody else remove it for you if you wish, however this will void your warranty (if applicable) on the device. The tracking device will be disabled remotely so you don't need to worry about your privacy if you choose not to have it removed.
  6. We will not remove the tracking device(s) from your vehicle(s) unless explicitly requested via email to us. Removing a tracking device, with the assistance of our team, will incur a charge of $50 depending on your location. Any additional fees will be added to the quote and will only be charged once you have confirmed the quote.
  7. We have added ample measures to ensure that accounts do not accidentally get deleted. However, if you have accidentally deleted your account, we can recover it for you. We would need to capture all of your details again in order to do so.
    Simply get in touch with our support team at: info@findmywaka.co.nz
  8. By deleting your account, you agree that you have read and understood the terms stated in this agreement.

We reserve the right to suspend or terminate your account if we suspect that you are using our Site illegally or if you violate these Terms and Conditions.

Sale of Goods And Services
These Terms and Conditions govern the sale of goods and services available on our Site.

The following goods are available on our Site:

  • Physical VTD(vehicle tracking device).

The following services are available on our Site:

  • Installation of your VTD.
  • 24/7 access to our online portal.
  • Tracking the location of your personal vehicle.

The services will be paid for in full when the services are ordered.

These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Subscriptions
Depending on their payment method, a User's subscription may not automatically renew. Therefore it is the responsibilty of the User to ensure their account is paid on time to avoid temporary suspension of their account. Users will be notified before their next payment is due and must authorise that payment in order for their subscription to continue. If a User's account is temporarily suspended for non-payment, access to our tracking services will immediately be revoked until such time that the User's account, and any outstanding balance, is paid and up to date.

To cancel your subscription, please follow these steps: Users may cancel their subscription at any time, with no penalties or fees, and their access to the service will remain intact until their subscription term comes to an end.

Liabilities
The Site and CARHAY Interactive Ltd accept no liability or responsibility for any damage, theft, loss or penalties as a result, to a User's vehicle while using the Site's services. During such time where the User's account is temporarily suspended, for any reason whatsoever, and the User's vehicle(s) is/are stolen, the Site and its owners are not liable for any damage, theft, loss or penalties as a result. The Site and CARHAY Interactive Ltd does not guarantee the recovery of the User's vehicle(s) as a result from theft. In the unlikely event of the malfunction of a VTD(vehicle tracking device) or loss of access to our Site and its services, The Site and CARHAY Interactive Ltd accept no liability or responsibility for any damage, theft, loss or penalties as a result, to a User's vehicle.

Payments
We currently accept the following payment methods:

  • PayPal;
  • Bank Transfer.


We will also be accepting the following payment methods in future (you will be notified as they become available):

  • EFTPos;
  • Debit;
  • Direct Debit; and

When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Installation of the VTD(vehicle tracking device)
When you purchase a VTD from our Site, the process will be as follows:

  • You will be contacted by a member of our team to confirm an installation date of the VTD in your vehicle.
  • Your User account will be created for you to access the Site.
  • Once your payment has been confirmed, the VTD will be installed in your vehicle.
  • You pay the monthly subscription fee of $14.99 to keep using our Site and its services.

Installation will take place as soon as reasonably possible, depending on your location. Delivery times may vary due to unforseen circumstances. Please note that installation dates & times do not include statutory holidays. Alternative arrangements would then need to be made with one of our team members.

You will be required to pay the installation charges in full, which includes the price of the VTD plus 1 month's subscription fee of $14.99, before our technician will carry out the installation the VTD.

You are required to provide us with a complete and accurate address where the installation will take place, including the name of the recipient. We are not liable for the late delivery of your goods to the incorrect address or person of contact as a result of you providing us with inaccurate or incomplete information. A penalty fee of $50 will apply for no-shows. This will be payable on top of the installation fee. So please ensure you are available at the agreed upon installation date and time.

Refunds
Refunds for Goods Installed
Refund requests must be made within 30 days after receipt of your goods.

We accept refund requests for goods sold on our Site for any of the following reasons:

  • VTD(vehicle tracking device) is not functioning.

Refunds do not apply to the following goods:

  • Blatent physical damage / tampering of device..

Refunds for Services
All services sold on our Site are non-refundable. This includes the subscription fee of $14.99 per month.

Returns
Returns can be initiated by email. To return a VTD, follow the following procedure:
Contact us via email and we will make the necessary arrangements. Otherwise package the goods with a note stating what happened and send through to our head office. Go to your nearest post office and pay the postage fee.

Guarantees
The following guarantees apply:

  • 12 month guarantee on installed VTD.

Consumer Protection Law
Where the Consumer Gurantees Act 1993, the Contract and Commercial Law Act 2017, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Limitation of Liability
CARHAY Interactive Ltd. and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Indemnity
Except where prohibited by law, by using this Site you indemnify CARHAY Interactive Ltd. and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Applicable Law
These Terms and Conditions are governed by the laws of New Zealand.

Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and CARHAY Interactive Ltd. are unable to resolve any dispute through informal discussion, then you and CARHAY Interactive Ltd. agree to submit the issue before a mediator. The decision of the mediator will not be binding. Any mediator must be a neutral party acceptable to both you and CARHAY Interactive Ltd..

Notwithstanding any other provision in these Terms and Conditions, you and CARHAY Interactive Ltd. agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.

Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Contact Details
Please contact us if you have any questions or concerns.
Our contact details are as follows:
______________________________________
Phone: 0210 259 3324
Email: info@findmywaka.co.nz
Location: Tawa, Wellington, 5028, New Zealand.

You may also contact us through the feedback form available on our Site.

Effective Date: 1st day of November, 2023

Date Updated: 2nd day of January, 2024