Terms of Use

1. About these terms

This website at emberdigital.io (the "Site") is operated by Ember Digital Ltd. "Ember", "we", "us" and "our" mean Ember Digital Ltd. By accessing or using the Site you agree to these Terms of Use. If you do not agree, please do not use the Site.

2. The Site is information only

The Site describes our marketing services for automotive dealerships. Nothing on the Site is an offer, quote, or contract, and nothing on it should be relied on as business, financial, or legal advice. If you engage us, our services are governed by a separate written service agreement between you and Ember. Where anything on the Site conflicts with that agreement, the agreement prevails.

3. No guarantee of results

Marketing outcomes depend on many factors outside our control, including your pricing, stock availability, sales process, lead handling, market conditions, and the policies and performance of third-party advertising platforms. We make no representation, warranty, or guarantee as to any specific result, sales volume, lead volume, cost per lead, return on ad spend, or revenue.

4. Case studies, testimonials and figures

Any results, case studies, testimonials, screenshots, or performance figures shown on the Site reflect the outcomes achieved by specific dealerships under their own conditions. They are not a promise, projection, or typical result, and should not be taken as an indication of what your dealership will achieve.

5. Enquiries and bookings

Submitting a form, booking a call, or otherwise contacting us through the Site does not create any contract or obligation on either party. We may contact you about your enquiry using the details you provide. Please do not send confidential information through the Site.

6. Acceptable use

You may view and use the Site for lawful purposes related to evaluating or using our services. You must not:

• copy, reproduce, republish, or redistribute Site content except as permitted by law;
• scrape, harvest, or systematically extract content or data from the Site;
• attempt to gain unauthorised access to the Site or any connected system;
• introduce malicious code, or interfere with the Site's operation or security;
• use the Site to send unsolicited communications, or in any way that is unlawful, misleading, or infringes another party's rights.

7. Intellectual property

All content on the Site — including text, graphics, video, ad creative, layouts, logos, and design — is owned by Ember Digital Ltd or its licensors and is protected by copyright and other intellectual property laws. Client names, logos, and vehicle brands shown on the Site remain the property of their respective owners and are used with permission or for identification purposes only. You are granted no licence or right in our intellectual property except as expressly stated in these terms.

8. Third-party platforms and links

The Site may reference or link to third-party platforms, tools, and websites, including Meta and its advertising products. We do not control those platforms, are not responsible for their content, availability, policies, or decisions (including account restrictions or changes to advertising rules), and do not endorse them by linking to them. Your use of any third-party platform is subject to that party's own terms.

9. Availability

We aim to keep the Site available and accurate but do not warrant that it will be uninterrupted, error-free, secure, or current. We may change, suspend, or withdraw any part of the Site at any time without notice.

10. Liability

To the maximum extent permitted by law, Ember Digital Ltd excludes all warranties, representations, and conditions not expressly set out in these terms, and is not liable for any indirect, consequential, special, or incidental loss, or for loss of profit, revenue, business, goodwill, data, or anticipated savings, arising from your use of or reliance on the Site.

Where you are acquiring or using the Site or our services in trade, the parties agree that the Consumer Guarantees Act 1993 and sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 do not apply, and that it is fair and reasonable for them to be excluded. Nothing in these terms limits rights that cannot lawfully be excluded.

11. Privacy

Personal information collected through the Site is handled in accordance with our Privacy Policy and the Privacy Act 2020.

12. Changes

We may update these terms at any time. The version published on the Site applies from the date it is posted, and your continued use of the Site means you accept the current version.

13. Governing law

These terms are governed by the laws of New Zealand, and the New Zealand courts have non-exclusive jurisdiction over any dispute arising from them.

14. Contact

Questions about these terms: [email protected]