Bonnet App Terms and Conditions
Welcome to Bonnet! We provide a cloud-based application (App) for vehicle management.
In these Terms, when we say you or your, we mean both you and any entity you are authorised to represent (such as your employer). When we say we, us, or our, we mean BONNET LIMITED (Company Number 7224833).
These Terms form our contract with you, and set out our obligations as a service provider and your obligations as a customer. You cannot use our Services unless you agree to these Terms.
Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.
For questions about these Terms, or to get in touch with us, please email: support@bonnet.co.nz
These Terms were last updated on 15 February 2024
1. Engagement and Term
1.1 These Terms apply from when you sign up for an Account, until the date on which your Account is terminated in accordance with these Terms. We grant you a right to use our Services for this period of time only (which may be suspended or revoked in accordance with these Terms).
1.2 You must be at least 16 years old to use our App.
1.3 Variations: We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use our App after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may close your Account and cancel your Subscription with effect from the date of the change in these Terms by providing written notice to us. If you cancel your Subscription:
(a) you will no longer be able to access our Services (including our App) on and from the date of cancellation; and
(b) if you have paid Subscription Fees upfront, Your subscription will end at the end of the billing period”. i.e. If user unsubscribes, their subscription will continue until the next billing period, at which time it will not renew.
2. Our Services
2.1 We provide the following services to you:
(a) access to our App; and
(b) access to our troubleshooting support (Support Services), (collectively, our Services).
2.2 If you require Support Services, you may request these by getting in touch with us through our App.
2.3 Beta Services: If we provide you with access to any new or beta services, you acknowledge that because of the developmental nature of such services, you use them at your own risk and we have no obligation to maintain or provide error corrections. Any new or beta services we provide you with access to, are for evaluation purposes only and not for production use, and we may discontinue those services at any time at our sole discretion.
2.4 Third Party Products or Services: Where you engage third parties to operate alongside our Services (for example, any third-party software systems you wish to integrate with our App), those third parties are independent of us and you are responsible for (meaning we will not be liable for) the goods or services they provide, unless we expressly agree otherwise under clause 1.1. Any services booked or found through our App are provided by that third party and are independent of us.
3. Account
3.1 You must sign up for an Account in order to access and use our App. You must keep your Account information confidential.
3.2 You may register for an Account using your Apple, Google or Facebook account (Single Sign-On Account). If you sign in to your Account using a Single Sign-On Account, you authorise us to access information from your Single Sign-On Account including your name and contact information.
3.3 We may suspend your access to our Services where we reasonably believe there has been any unauthorised access to or use of our Services. If we suspend your access to our Services, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate your Account and your access to our Services will end.
4. Subscriptions
4.1 Once you have created your Account, you may choose a Subscription.
4.2 The Subscriptions we offer will be set out on our App, including details of each Subscription’s features and limitations, Subscription Fees and Subscription Periods.
4.3 If you have more than 2 vehicles registered on the App, you must pay a Subscription Fee, as set out on our App.
4.4 During the Subscription Period, you will be billed for the Subscription Fees on a recurring basis, as set out on our App (Billing Cycle).
4.5 Your Subscription can be upgraded or downgraded at any time through your Account. Any upgrades to your Subscription will take effect immediately (and you will be charged the difference between your current Subscription and your new Subscription on a pro-rata basis). Any downgrades to your Subscription will take effect from the beginning of the next Billing Cycle.
4.6 If you choose to pay your Subscription Fees using one of our third-party payment processors, you may need to accept their terms and conditions (if this is the case, these will be set out on our App).
4.7 You must not pay, or attempt to pay, any Subscription Fees by fraudulent or unlawful means.
4.8 Your Subscription continues for the Subscription Period, and at the end of each Subscription Period, provided you have paid all Subscription Fees owing, your Subscription will be automatically renewed for recurring monthly periods (each of which will be considered a Subscription Period). If you wish to cancel your Subscription, you may do so through your Account. Your cancellation will take effect at the end of your current Subscription Period, and your Subscription will not be renewed (meaning you will need to continue paying all Subscription Fees due up until your current Subscription Period ends).
4.9 Taxes: You are responsible for paying any levies or taxes associated with your use of our Services, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).
5. App Licence
5.1 While you have an Account, we grant you a right to use our App (which may be suspended or revoked in accordance with these Terms).
5.2 You must not:
(a) access or use our App in any way that is improper or breaches any laws, infringes any person’s rights (for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability;
(b) interfere with or interrupt the supply of our App, or any other person’s access to or use of our App;
(c) introduce any viruses or other malicious software code into our App;
(d) use any unauthorised or modified version of our App, including but not limited to for the purpose of building similar or competitive software or for the purpose of obtaining unauthorised access to our App;
(e) attempt to access any data or log into any server or account that you are not expressly authorised to access;
(f) use our App in any way that involves service bureau use, outsourcing, renting, reselling, sublicensing, concurrent use of a single user login, or time-sharing;
(g) circumvent user authentication or security of any of our networks, accounts or hosts or those of any third party; or
(h) access or use our App to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted.
6. Intellectual Property and Data
6.1 We own all intellectual property rights in our Services (including our App). This includes how our App looks and functions, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright or other ownership notice placed on our App.
6.2 We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.
Your Data
6.3 We do not own any of Your Data, but when you enter or upload any of Your Data into our App, you grant us the right to access, analyse, backup, copy, store, transmit, and otherwise use Your Data while you have an Account with us (and for a reasonable period of time afterwards). We may use Your Data (or disclose it to third party service providers) to:
(a) supply our Services to you, and otherwise perform our obligations under these Terms;
(b) diagnose problems with our Services;
(c) improve, develop and protect our Services;
(d) send you information we think may be of interest to you based on your marketing preferences;
(e) perform analytics for the purpose of remedying bugs or issues with our App; or
(f) perform our obligations under these Terms (as reasonably required).
6.4 You acknowledge and agree that because of the nature of the internet, the processing and transmission of Your Data by us may occur of various networks, and may be transferred unencrypted.
6.5 You are responsible for (meaning we are not liable for):
(a) the integrity of Your Data on your systems, networks or any device controlled by you; and
(b) backing up Your Data.
6.6 When you use our Services, we may create anonymised statistical data from Your Data and usage of our Services (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve our Services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make underlying portions of Your Data identifiable.
6.7 If you do not provide Your Data to us, it may impact your ability to receive our Services.
7. Vehicle Management and Disclaimers
7.1 Our Services assist you with vehicle management. We do not take any responsibility for any action or failure to act on your part in relation to vehicle management; including but not limited to:
(a) Warrant of Fitness;
(b) Certificate of Fitness;
(c) vehicle licensing;
(d) road user charges; and
(e) car servicing.
(f) manufacturer warranty
7.2 You are responsible for making sure your details are correct and updated in your individual services and with any third party. We take no responsibility for any inaccuracies in incorrect Personal Information from any third party.
7.3 We take no responsibility for a third party providing us with inaccurate or outdated information.
7.4 Our App is for information purposes only and does not take into account your specific needs, objectives or circumstances. Nothing in our App constitutes legal, tax or financial advice. While we use reasonable attempts to ensure the accuracy and completeness of the information on the App, we make no representation or warranty in relation to it, to the maximum extent permitted by law.
7.5 If you choose to make use of any of the information in our App, you do so at your own risk. We do not assume any responsibility or liability, and you waive and release us from all responsibility or liability, arising from or connected with your use or reliance on our materials provided in the presentation. It is your sole responsibility to determine the suitability, reliability and usefulness of our App. Use of our App is not intended to create, and does not create, a client relationship, or give rise to a duty of care, between you and us.
8. Confidential Information and Personal Information
8.1 Subject to clause 8.2, each Party must keep confidential, and not use or permit any unauthorised use of, confidential information provided by the other Party.
8.2 Clause 8.1 does not apply where the disclosure is required by law or the disclosure is to a professional adviser in order to obtain advice in relation to matters arising in connection with these Terms and provided that the disclosing Party ensures the adviser complies with the terms of clause 8.1.
8.3 Each Party agrees to comply with the legal requirements of the New Zealand Privacy Principles as set out in the Privacy Act 2020 and any other applicable legislation or privacy guidelines.
9. New Zealand Consumer Laws
9.1 To the maximum extent permitted by law, our warranties are limited to those expressly stated in this Agreement. Any implied condition or warranty (including any warranty under Part 3 of the Contract and Commercial Law Act 2017) is excluded.
9.2 You agree and represent that you are acquiring the Services for the purposes of trade. The Parties agree that:
(a) to the maximum extent permitted by law, the Consumer Guarantees Act 1993 does not apply to the supply of the Services or the Agreement; and
(b) it is fair and reasonable that the Parties are bound by this Agreement, including this clause 9.1.
9.3 This clause 9 will survive the termination or expiry of this Agreement.
10. New Zealand Vehicle Laws
10.1 We take no responsibility for any changes to New Zealand vehicle laws that may impact your vehicle management, including any failure of you to comply with changes to these laws.
11. Liability
11.1 Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law:
(a) neither we or you are liable for any Consequential Loss;
(b) a party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party, including any failure by the other party to mitigate its loss; and
(c) our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to the amount of any Subscription Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates, or if you do not have a Subscription, to NZ$1,000.
12. Notice Regarding Apple
12.1 To the extent that you are using or accessing our App on an iOS device through a mobile application from the Apple App Store, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for our App and any content available on our App.
12.2 Apple has no obligation to furnish you with any maintenance and support services with respect to our App.
12.3 If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
12.4 Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to: (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
12.5 Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
12.6 You agree to comply with any applicable third-party terms when using our mobile application.
12.7 Apple and Apple subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
12.8 You hereby represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
13. Termination
13.1 Cancellation of Memberships: You may request to cancel your Membership at any time by notifying us via the ‘cancel my membership’ feature in your Account. Your cancellation will take effect from the end of the current Billing Cycle.
13.2 A Membership terminates immediately upon written notice by a Party (Non-Defaulting Party) if:
(a) the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
(b) the Defaulting Party is unable to pay its debts as they fall due.
13.3 Should we suspect that you are in breach of these Terms, we may suspend your access to the App while we investigate the suspected breach.
13.4 Upon expiry or termination of your Membership:
(a) we will remove your access to the App; and
(b) where we terminate your Membership as a result of your unrectified default, you also agree to pay us our reasonable additional costs directly arising from such termination, including recovery fees.
13.5 Where termination is due to our breach of these Terms, we agree to refund you for any prepaid unused Fees on a pro-rata basis.
13.6 This clause will survive the termination or expiry of your Membership.
14. General
14.1 Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
14.2 Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including our Services), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.
14.3 Governing law: These Terms are governed by the laws of New Zealand, and any matter relating to these Terms is to be determined exclusively by the courts in New Zealand and any courts entitled to hear appeals from those courts.
14.4 Illegal Requests: We reserve the right to refuse any request for or in relation to our Services that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms.
14.5 Marketing: You agree that we may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications.
14.6 Notices: Any notice you send to us must be sent to support@bonnet.co.nz . Any notice we send to you will be sent to the email address registered against your Account.
14.7 Survival: Clauses 6 to 13 will survive the termination or expiry of these Terms.
14.8 Third Party Sites: Our App may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites.
15. Definitions
15.1 In these Terms:
Account means an account accessible to the individual or entity who signed up to our Services.
Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us any amounts for access to or use of our Services (including our App) will not constitute “Consequential Loss”.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or us or you or otherwise.
Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.
App means our cloud-based App, available at https://www.bonnet.co.nz.
Services means the services we provide to you, as detailed in clause 2.1.
Subscription means the Subscription plan you have chosen through our App, which you use to access certain features and benefits.
Subscription Fees means the fees you pay to us to access your chosen Subscription.
Subscription Period means the duration of your Subscription (such as monthly, annually, or as otherwise set out on our App).
Your Data means the information, materials, logos, documents, qualifications and other intellectual property or data supplied by you when receiving our Services or stored by or generated by your use of our Services, including any Personal Information collected, used, disclosed, stored or otherwise handled in connection with our Services. Your Data does not include any data or information that is generated as a result of your usage of our Services that is a back-end or internal output or an output otherwise generally not available to users of our Services.