|
 |
 |
 |
 |
Terms & Conditions
1. Terms and Conditions- 1.1 Acceptance of Terms and Conditions
These terms and conditions are those pursuant to which Speedbitz Limited ("SB") offers you access to its services and to its website. By registering with SB as a member you acknowledge your acceptance of these terms and conditions. - 1.2 Amendment of Terms and Conditions
These terms and conditions may be amended in whole or in part from time to time by SB. Amendments are deemed to have been effected when they are posted on the website. Your continued usage of the website and of SB's services constitute your acceptance of any such amendments.
2. Acceptance of SB's Role- 2.1 SB provides a service to introduce buyers and sellers to each other. We are not party to any agreement for sale and purchase, and we do not in any circumstances act as an agent or either buyer or seller. As such any transaction undertaken between you and another user of SB's services is conducted at your risk. You agree that SB shall not be under any liability of any nature for any act or omission of any of its members.
- 2.2 You accept that SB does not give any representation expressed or implied including but without limitation to ownership of any item, its fitness or suitability for a particular purpose, the ability of a member to complete a transaction, the merchantable quality of an item or otherwise.
- 2.3 You accept that SB shall not be liable for any loss or damage of any kind including, but not limited to, consequential special or indirect loss or damage whether suffered or incurred by you or another person and whether in contract or in tort or otherwise and irrespective of whether or not such loss or damage arose directly or indirectly from services provided by SB.
- 2.4 You agree that you will indemnify SB against all claims and losses whatsoever however caused or arising out of or in consequence of a failure by you to comply with these terms and conditions.
- 2.5 You accept that the code of conduct which is set out in clause 3 hereof forms part of the terms and conditions of usage of SB's website and services and that a breach of the code will attract all or any of the consequences set out in the following subclause hereof.
- 2.6 Should you not comply with your obligations under these terms and conditions then, without limitation to any other right or remedy available to SB, your activities and listings on the website may be limited, modified or removed. Other members may be warned of your activities and your membership may be suspended or terminated.
3. Code of Conduct- 3.1 General
(a) A member shall not interfere with or attempt to interfere with SB's website either electronically or otherwise howsoever. (b) A member must strictly comply with SB's requirements for listing with a email address or any other contact details including phone or fax numbers. A member must not use any system other than that stipulated by SB for the listing and provision of such information. (c) A member must complete a transaction strictly in accordance with SB's procedures which shall be notified on its website from time to time. A member shall not institute or become involved in any procedure which has or may have the effect of directly or indirectly circumventing or avoiding SB's procedures. (d) A member must use SB's services personally and shall not under any circumstances transfer or assign membership, or allow any other person or entity to use SB's services using the member's name. (e) A member must at all times conduct a transaction honestly and in good faith and must not directly or indirectly be or become involved in any matter or thing which does or may reflect adversely on SB's name or business reputation or bring SB into disrepute.
- 3.2 Seller's Obligations
(a) A seller's listing shall contain accurate and complete information regarding the item to be sold including payment terms, delivering methods and transportation costs. (b) A seller must list only an item in respect of which the seller has possession and unencumbered title. (c) A seller must not list any item which infringes the intellectual property rights of a third party whether under patent, copyright, design protection or otherwise.
4. Payment of SB's Fees- 4.1 The member accepts that SB charges fees for its services and for the use of its website as a venue. Such fees are as set out on SB's website as modified from time to time.
5. Refund Policy- 5.1 SB's fees are payable forthwith upon the making of a transaction. If a transaction shall not be successfully completed other than by reason of the default of the member seeking a rebate, SB may at its sole discretion rebate the fee either in whole or in part or as an alternative may credit the member's account with SB for use in connection with a future transaction.
6. General- 6.1 No agent or representative of SB is authorised to make any representation, statement or warranty not expressly stipulated and agreed to in writing by SB which is inconsistent with these terms and conditions and SB is not in any way bound by any such representation, statement or warranty.
- 6.2 SB shall use all reasonable efforts to maintain its website and services to a standard such as to enable it to meet its obligations to its members. SB though shall not be liable for any loss or damage of any kind whatsoever arising out of the failure of its website or services including but not limited to consequential, special or indirect loss whether in contract or in tort or otherwise howsoever.
- 6.3 In the event that there shall be relevant statutory provisions which provide that SB's liability cannot be excluded or modified, then and in that case SB's liability shall only apply to the minimum extent required by the relevant statute.
- 6.4 Any notices to or communication with SB should be addressed to SB at 57 Waipuna Road, Mt Wellington, Auckland.
- 6.5 These terms and conditions and their application shall be governed by the laws of New Zealand and any dispute between a member and SB shall be resolved in the courts of New Zealand.
- 6.6 A member accepts and acknowledges that SB owns all intellectual property rights in its website, its underlying material and the procedures of and incidental to the provision of SB's services. A member shall not directly or indirectly or by any means whatsoever adapt, reproduce, copy, store, distribute, print, display or publish any part of SB's website or its procedures or any underlying material relating to the provision of SB's services.
|
 |
 |
 |
 |
|
|