Spotter Tip-off Terms and Conditions

The following Spotter Tip-off Terms and Conditions apply to all persons who supply information to Spotter Limited (previously CarText.com Limited) (us or we) about the location of a suspected stolen vehicle (a tip-off), or attempt to do so, through the use of this spotter.co.nz website, email, text or any other manner which we may permit. By making, or attempting to make, a tip-off, you agree to the following Terms and Conditions. If you do not agree you should not make a tip-off.

Making a tip-off

To be eligible for a reward you must comply with the other terms and conditions set out in this website and your tip-off must:

• contain complete and accurate information as requested by us, including (as a minimum) registration number, make, model and colour of vehicle, date spotted and location details of the vehicle and why you think the vehicle is stolen; and
• be in relation to a stolen vehicle which is registered on our database at the time of the tip off; and
• be the first tip-off that meets the above requirements that we receive with information that directly results in the recovery of stolen vehicle in a fit state (meaning that the vehicle is in a state which has a value to the owner above the value of the reward stated on the website for such vehicle).

If you provide us only with a vehicle's registration, this will not amount to a tip-off until we have all such further information as to the vehicle’s location as we may request. Additionally, where you make a tip-off we may require further information from you in relation to such tip-off. In such circumstances we will endeavour to contact you, using the cellphone number from which you contacted us, or in the case of a tip-off through this website, the phone number you provided to us as part of completing the tip-off form. You should therefore make sure you are available to receive a call from us. If we are unable to contact you for further information your tip-off will not be eligible for a reward.

The stolen vehicle must be registered on our database in order to pay a reward. If you know the vehicle is stolen, but it is not on our database we cannot pay a reward. However, if the vehicle is subsequently registered with us you may still receive a reward.

A tip-off will only be eligible for a reward if the vehicle is actually recovered in a fit state as defined above. This means, for example, a burnt out vehicle which costs the owner to remove or recover and results in no salvage value, will not be eligible for a reward to be paid in relation to it. However you should still make a tip-off for such vehicles as this eligibility cannot easily be pre-determined.

Other spotters may make tip-offs for the same vehicle. We will pay the reward only to the first person who (having actually spotted the vehicle) provides all required information directly resulting in the vehicle's recovery in a fit state. Therefore it is important you provide all information that we require as promptly as possible as this will improve the chance of you being eligible for a reward. For example, if you make a tip-off but only provide car registration details we will need to contact you for other information. However this may become unnecessary if a subsequent spotter makes a tip-off which provides all relevant information. This subsequent tip-off would become eligible for the reward before you.

We reserve the right to decide who was first to make the tip-off. Our decision as to whether or not a tip-off is eligible for a reward is final and we will not disclose details of the person who is eligible for the reward (if any) to any other spotter.

The Database

Whilst reasonable care has been taken to ensure that vehicle and rewards listings on this website and in our database generally are accurate:

• we do not guarantee that such information is complete or accurate; and
• this website and our database will be updated periodically and there may be some delay before these are updated to include any recently stolen vehicles and to remove vehicles which have been spotted or otherwise recovered.

We reserve the right to withdraw, cancel, change or suspend, at our discretion at any time and without notice, any of the rewards or vehicle listings we offer or advertise. To the extent permitted by law, we are not liable for any loss, expense or damage any person suffers as a result of such withdrawal, cancellation, suspension or change.

Reward payment

To be eligible to receive a reward you must, if you are not already registered, register on this website. If you make a tip-off using your cellphone we will complete your registration for you.

We will endeavour to contact you, using your cellphone number from which you sent the text message, or if you submitted the tip-off on this website, using the number you supplied to inform you of whether your tip-off is eligible for the reward or not. If we do not contact you, you may view the status of your tip-off using this website.

You must supply us with your bank account details for payment. We will not make payments by cheque or cash.

The reward payable will only be that amount (inclusive of GST) stated as the reward on this website as at the time of the tip-off. If you are eligible for a reward, you will be paid within 1 month of the date you supply us with your bank account details in relation to such payment.

We make no representation about your tax liability as a result of participating in the spotter programme or in relation to receiving the rewards. You are solely responsible for any taxes, duties, levies, fees or other charges levied or imposed by any government taxing authority as a result of or in connection with rewards you may become eligible for and/or receive.

Your duty and responsibilities

In order to be eligible for a reward payment you must also follow these guidelines:

• You must make every attempt to give us correct and truthful information. Failure to supply correct information may prevent you from receiving a reward. Attempts to deceive or commit fraud using spotter will result in your ban from the spotter programme.
• You must not have been involved in the theft of the vehicle.
• You may not attempt to apprehend thieves if you believe a vehicle is being stolen.
• You must not obstruct the police in the recovery of the vehicle or in the apprehension of the thieves.
• You must not do anything contrary to the law as part of making, or in association with, the tip-off (including recovering, or having an unauthorised third party recover, the vehicle)

We suggest that you do not use your cellphone while driving.

You, the spotter

When texting, you must be the owner of the cellphone, or if not, have sought permission of the owner. In the case where you have used someone else’s cellphone we may pay the reward (if any) to the owner of the cellphone.

You must be 18 years or older to receive rewards. If you are under this age we may require permission from your parents or guardians to make a reward payment to you. Your parent or guardian may elect to have the reward paid directly to themselves, provided that such parent or guardian agrees to these terms and conditions.

Limitation of Liability

We are not liable for any costs or damages to your property incurred as a result of your activity as a spotter. We make no warranties or representations, either express or implied, in relation to the spotter programme or rewards offered. To the extent permitted by law, we exclude all liability to you whether in tort (including negligence), contract, or otherwise for any loss or damage which may be suffered or incurred by you either directly or indirectly in respect of the website and/or the spotter programme, including costs of contacting us, any loss of profits or any consequential, indirect or special damages or loss or injury of any kind suffered by you or any other person. Where any such liability cannot be excluded we limit it to the smallest permissible amount.

We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to or alteration of any communication you may make with us, including registration as a user and making or attempting to make a tip-off.

Privacy and personal information

No private information about you will be given to any third party including the owner of the vehicle without your permission. Please refer to the Privacy Statement for further conditions relating to your personal information (the terms of such Privacy Statement are incorporated into these Spotter Tip-off Terms and Conditions) We reserve the right to require confirmation of your contact and bank account details. This confirmation can be in the form of (but is not limited to) a copy of your cellphone bill, or any other verification we may ask for.

These Terms and the Spotter programme

We reserve the right to change these Spotter Tip-off Terms and Conditions at any time by notifying users of the existence of revised terms and conditions through this website. By continuing to make, or attempting to make, tip-off(s), you agree to be bound by the amended terms and conditions. You should check from time to time to see whether these terms and conditions have changed or not. We give no warranty as to the continuing availability of the Spotter programme and reserve the right to terminate it at any time effective immediately by notice to you through this website, or at any time without notice if we cease to operate this website. Without limiting such right, if anything happens that is beyond our reasonable control and affects our ability to provide rewards (including, but not limited to, strikes, acts of God, civil disturbance, government orders and termination of our agreement(s) with insurance company(s)), we can suspend or terminate the provision of rewards at our discretion. We will have no liability to any person for such suspension or termination.

No relationship

These terms and conditions will not be deemed to create a partnership, joint venture, agency or employment relationship of any kind between us and you.

Law

These terms and conditions are governed by and will be construed in accordance with the laws of New Zealand and you submit to the jurisdiction of the courts of New Zealand.