TERMS AND CONDITIONS
These terms of use form an agreement between the person accessing this Website ("you") and the owner of this Website, MarketPrice NZ Limited (referred to in these terms as "MarketPrice", "us", or "we"). If you have any questions about these terms, please contact us. By accessing, using or browsing this Website, you agree to be bound by these terms of use.
Interpretation/Purpose
1. In these terms of use:
"Feedback" means feedback placed by a Member on the profile of another Member relating to a transaction undertaken on the Website;
"For Sale Item" means a particular product or service that a Member wishes to sell;
"GST" means goods and services tax in terms of the Goods and Services Tax Act 1985;
"Listing" means a listing of a For Sale Item or Wanted Item on this Website;
"Listing Member" means a Member who posts a Listing;
"Market" means a section of this Website specific to a particular product or service, where Members can trade in that product or service;
"Member" means a person registered to use this Website;
"Username" means a form of identification a Member uses, together with a password, to gain access to certain services and parts of the Website for which registration is required;
"Wanted Item" means a particular product or service that a Member wishes to purchase; and
"Website" means this marketprice.co.nz website, including all pages and content on this Website.
2. This Website is intended to be used as a facility for buyers and sellers of products and services to be brought together.
We do not:
(a) take part in any sale of products or services purchased on the Website; or
(b) act as an agent for Members or for any (potential) purchaser of products or services that are subject to a Listing, or any user of this Website.
Risk
3. Any transaction undertaken by you through this Website is undertaken at your own risk. We do not warrant, represent or otherwise make any claim as to:
(a) the ownership, value (including commercial value) or legitimacy of any product or service that is subject to a Listing;
(b) the identity of any Member; or
(c) the right of any Member to place a Listing on this Website.
4. No warranties are given, or representations made, by us in respect of any products or services listed on this Website. The terms which apply to a particular product or service that is subject to a Listing will be set out in the relevant Listing.
Our Warranties and Liability
5. We exclude (to the maximum extent permitted by law) all express or implied warranties, representations or guarantees as to the content of, and services provided through, this Website.
6.To the maximum extent permitted by law, we will not be liable to you or to anyone else for:
(a) any error, mis-description or inaccuracy appearing on this Website;
(b) any loss, damage, cost or expense suffered or incurred by you in accessing and using this Website (including any direct or any indirect, consequential or special loss, damage, cost or expense (including loss of profit or loss of opportunity) which may be suffered by you in accessing or using this Website); or
(c) any inability by you or any other person to be able to access, update or perform any services through this Website.
7. To the extent that any links are provided on this Website to any external websites, we do not make any representations as to the accuracy of any information contained on those external websites and will not be responsible for your use of those external Websites.
8. If the Consumer Guarantees Act 1993 applies, you may have rights or remedies which are not excluded or limited by the above. If you are using this Website or its content for business purposes, the above exclusions and limits will apply and the Consumer Guarantees Act 1993 will not apply.
9. You agree to indemnify us at all times against any loss, damage or cost (including legal costs and expenses) suffered or incurred by us as a result of a breach by you of these terms of use and/or any statute.
Access and Use
10. Your access and use of this Website, and the information contained on this Website, must only be for the purposes of, and in the manner contemplated by, this Website.
11. You must not attempt to change any information or content appearing on this Website (unless that information relates to a Listing, and you are the Member authorised to modify that Listing), or attempt to introduce any virus to, or adversely affect the performance of, this Website. You must not attempt to interfere with any network or equipment on which this Website is hosted or operated.
12. You must not access the Website by automated means including, but not limited to, the use of a "screen scraping" process.
Membership
13. Certain services and parts of this Website (including the ability to list and purchase products and services) are available only to Members. Registration as a Member is only available to persons who are:
(a) at least 18 years of age; and
(b) resident in New Zealand,
but we have absolute discretion whether to accept or reject any person's application to be a Member.
14. When you register for these Member services you will be required to provide certain information to us. You warrant that any such information you provide will be complete, accurate and current.
15. You must ensure that if any information you have previously provided us becomes out of date, you will promptly update that information on your Member profile page.
16. You will be issued a self selected Username and password once you have successfully registered as a Member. You will be responsible for all use of the services and access to the Website through the use of your Username and password.
17. You are responsible for keeping your password secure and secret. The password you select should not be something that could easily be guessed by an unauthorised person (such as a birth date). If you believe an unauthorised person becomes aware of your password, you must notify us and change your password immediately.
18. You are solely responsible for any taxes (including any taxes on income) or levies that you may become liable for as a result of entering into any transaction on this Website.
19. Your membership to this Website is not transferable to any other person and you must not attempt to sell, lease or transfer your membership. You further acknowledge that you do not have any ownership right in any Username issued to you.
20.You must comply with guidelines, directions or requests which we may give you from time to time in relation to the Website or its use. Without limiting the foregoing, you agree that:
(a) all material and information you publish on the Website must lawfully be able to be published in New Zealand; and
(b) only your original material or copyrighted works for which you have permission, or a licence to publish, may be published on the Website.
21.We may terminate or suspend your status as a Member, without notice and for any reason, including, but not limited to, for a breach by you of these terms of use and/or because negative feedback has been logged against your account by other Members on more than 3 occasions.
Listings
22.You agree that in posting any Listing on the Website, you will:
(a) not list your email address, phone number, physical address or other contact details (apart from your Username) in the body of your Listing;
(b) ensure that the products and/or services in the Listing comply with the appropriate Market description; and
(c) ensure that any prices specified in a Listing are reasonable and inclusive of GST.
23. You will not use any functionality of the Website (including the ability to list items) for the purposes of manipulating the "market price" of items (as determined by the Website) being offered for purchase or sale on the Website.
24. You may withdraw a Listing from the Website at any time before it is accepted by any other Member. If you withdraw a Listing for a Wanted Item after having received offers to sell by other Members, you must inform us of the reason for such withdrawal.
25. By agreeing to sell or purchase a For Sale Item or Wanted Item (respectively), you warrant that you have all relevant authorisations and the legal right to enter into the transaction.
26. We may remove a Listing from the Website if we believe that it does not comply with the requirements of our terms of use or any guidelines we may issue from time to time.
27. Upon the conclusion of the sale/purchase process for any item listed on the Website, we will provide each relevant Member with the contact details of the other Member who is party to the sale/purchase, and the relevant Members must make contact with each other to conclude the post-sale formalities (including payment and delivery) within a reasonable time period after being provided these contact details.
Buying and Selling Items
28. You will only list a For Sale Item on the Website if you actually possess, and have the right to sell that item. You must not list any items on this Website which you know (or reasonably should have known) are stolen.
29.If you list a For Sale Item on the Website, you can not offer that particular item for sale on any other forum, including but not limited to, an alternative website or newspaper classifieds.
30. You agree that if you have specified a "for sale price" for a For Sale Item:
(a) in a Listing; or
(b) in response to Member's Wanted Item Listing,
you will be required to sell that item to the Member who accepts your specified sale price.
31. All Listings of For Sale Items must not stipulate unreasonably high shipping and/or handling charges.
32. If you accept an offer to purchase an item on this Website, whether through responding:
(a) to a Listing; or
(b) to an offer related to a Wanted Item Listing,
you will be required to purchase that item from the selling Member.
Feedback and Questions and Answers
33. You agree that any questions, answers or Feedback you post on this Website must:
(a) be true, accurate and relevant;
(b) not contain your email address, phone number, physical address or other contact details (apart from your Username)
(c) not contain offensive language; and
(d) not contain any defamatory statements.
Information and Intellectual Property
34. All information contained on, or generated by this Website:
(a) remains our property;
(b) may not be copied or reproduced (in any form) without our express written permission; and
(c) is provided on an "as is" basis,
and we will not be liable for any reliance you place on any information contained on this Website.
35. You may print out and retain copies of information contained in those parts of this Website which are explicitly stated to be printable (but in doing so you do not obtain any additional rights to that information).
36. We own, or are authorised to use, all intellectual property rights in all information and content contained in and relating to this Website (including the MarketPrice name, brands and logos and the underlying software and source code comprising the Website).
37. You acknowledge that we are not affiliated with any of the manufacturers or distributors of products and/or services (and their licensors) (referred to collectively as "Manufacturers") appearing on this Website. Any use of a Manufacturers' brand names, logos, trade marks or other intellectual property is for descriptive purposes only and does not constitute any affiliation, endorsement or partnership with the relevant Manufacturer.
Privacy
38. The Privacy Policy available on our Website governs the collection, use and disclosure of your personal information by us. The
Privacy Policy forms a part of these terms of use.
39. From time to time we may suspend the operation of the Website for the purposes of undertaking maintenance. The operation of the Website may also be suspended due to events outside of our control including (but not limited to):
(a) a force majeure event;
(b) a requirement of law; or
(c) the failure of any third party telecommunications network or infrastructure.
Although we try to ensure the availability of the Website, without limiting anything else in these terms of use, we will not be liable to you for the unavailability of the Website or any loss, cost or expense that is incurred as a result of this unavailability.
40. These terms of use record the entire understanding and agreement between you and us relating to the matters dealt with in these terms of use. These terms of use supersede all previous understandings or agreements (whether written, oral or both) between you and us relating to these matters.
41. Any dispute arising under these terms of use or otherwise in relation to the access and use of this Website will be governed by New Zealand law and will be dealt with by the New Zealand courts. You agree that MarketPrice is not party to any specific transaction undertaken on the Website and that you will not include us in any dispute you may have with another Member.
42. We may from time to time amend these terms of use. Any such amendments will come into force immediately upon their publication on this page and will be deemed to have been accepted by you if you continue to use this Website after such publication.