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| | | | (1.1) Acceptance of terms and conditions: | Top of Page | | The terms and conditions are the terms on witch buysellanimals offers you access to the Services and the Website. By registering as a member of buysellanimals you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Services. | | (1.2) Amendment of terms and conditions: | Top of Page | | These terms and conditions may be amended in whole or in part by buysellanimals from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended. | | (1.3) Terminology: | Top of Page | In these terms and conditions, the following expressions have the meanings set out:
'stock', 'livestock' means animals that may be bought or sold through the auction or classified process;
'member' means a registered member of buysellanimals;
'Services' means any one or more of the services offered by buysellanimals from time to time, including online auctions, classifieds, message boards, sms alerts and any other service that buysellanimals may offer;
'we', 'us' and 'our' are a reference to buysellanimals;
'you' and 'your' are a reference to you;
'Website' means any buysellanimals website through which our services are offered;
'listing' means a listing on the Website through which you offer, negotiate, buy, sell or advertise any item, whether by auction or classified;
'seller' includes any person placing a listing. | | (2.1) The services: | Top of Page | | Buysellanimals provides a venue to introduce members who want to buy and sell animals (stock). Buysellanimals does not take any part in the sale of items other than by providing our Website as a venue for members. If a bid is accepted by a seller, a contract of sale will be formed between the buyer and the seller directly. We do not act as agent for either party and do not participate in any sale or transaction between you and other members, including where you use the credit card service. If you use the credit card service, we simply pass on payments made by one member to another. As a result, even though some of the services are being referred to as an auction, buysellanimals is not an auctioneer (whether under the Auctioneers Act 1928 or otherwise). | | (2.2) At your own risk: | Top of Page | Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that buysellanimals takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you. buysellanimals gives no undertakings, representations, or warranties in relation to animals sold or listed on the Website, including:
a. about ownership of any stock;
b. as to the content, safety, description, worthiness, quality, or legality of the items that are listed on the Website;
c. as to the accuracy or truth of listings;
d. that any item will meet your requirements or expectations; or
e. About the ability of members to complete a transaction, including credit card transactions. | | (2.3) Disclaimer: | Top of Page | You expressly understand and agree that:
a. Your use of the services is at your sole risk. The Website and services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting clause 2.2,buysellanimlas disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
b. Buysellanimals does not warrant that i) the services provided will be uninterrupted, timely, secure, or error free, or ii) that any information (including feedback) provided on the Website is error-free or reliable;
c. no advice or information that is obtained by you from buysellanimals or anyone else shall create any warranty by buysellanimals that is not expressly stated in the terms and conditions; and
d. Responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute buysellanimals recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
e. While Buysellanimals may facilitate payment for some items by credit card, buysellanimals is in no way involved in the transaction itself, and responsibility for any refund rests with the seller.
f. While Buysellanimals has systems in place to reduce the risk of credit card fraud, buysellanimals is not responsible for protecting members from credit card fraud. Buysellanimals fraud protection systems may from time to time block legitimate credit card payments. In these cases payment will need to be made by other means. | | (2.4) Liability: | Top of Page | | You agree that, to the maximum extent permitted by law, any and all liability and responsibility of buysellanimals to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, another Member's acts or omissions, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Buysellanimals liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss. | | (2.5) Indemnity: | Top of Page | | You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction, your use of buysellanimals message boards, your sale or attempted sale of an item prohibited under clause 4.2(d), or arising out of any content or item you submit, post, transmit, or make available through the Services. | | (2.6) Breach: | Top of Page | Without limiting any other rights and remedies available to buysellanimals, buysellanimals may limit your activities on the Website, remove your bids or listings, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our Services to you if you breach these terms and conditions or where buysellanimals considers it appropriate.
When signing up you will get a free $10 top up, this can not be redemed as cash and can only be used for future listings on buysellanimals. | | (3.1) Becoming a Member: | Top of Page | | Becoming a member is free. You may only register as a member if you are resident in New Zealand or Australia and can form a legally binding contract that is enforceable against you. For example, you must be 18 years old. By registering as a member, you warrant that you can form a legally binding contract. | | (3.2) Accurate Information: | Top of Page | | You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by buysellanimals to ensure it is kept current at all times. Buysellanimals may phone or mail you to verify these details. You must not register as a member under multiple identities or personas (whether false or not). However, at buysellanimals discretion, you may create a business membership in addition to your personal membership. | | (3.3) Termination of membership: | Top of Page | | Buysellanimals reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, buysellanimals may terminate your membership if a serious complaint or multiple complaints are received about you from other members, if you breach these terms and conditions, if you impersonate another member, or if we, at our sole discretion, deem your behavior to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled. | | (3.4) Security of your login information: | Top of Page | You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:
a. not to permit any other person to use your user name or membership; and
b. not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow them to gain access to your membership. | | (3.5) Emails and newsletters: | Top of Page | | Buysellanimals will send you emails relating to your membership, transactions and other activities on the Website, and for promoting and marketing other buysellanimals product and services to you. Buy sell animals may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list. | | (4.1) General Rules: | Top of Page | a. All listings, bids or communications made through Buy sell animals shall be made in good faith.
b. You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so.
c. You may not use a robot, spider, scraper or other automated means to access the Website or information featured on it for any purpose.
d. You shall not list your email address, phone number or any other contact detail within the description of listings, listing comments and/or questions, in your member profile, or in the buy sell animals’ message boards.
e. Not withstanding 4.1d above, you may enter your appropriate contact details in the relevant contact detail fields.
f. You must list auctions and classifieds in New Zealand dollars and include GST in the price. All tax obligations are the responsibility of the seller and/or the buyer (as the parties determine).
g. You must not complete a transaction outside of the buysellanimals process or otherwise seek to avoid buysellanimals success fees. Attempts by you to avoid fees, including through multiple memberships, premature auction withdrawal, or otherwise, may result in buysellanimals suspending or terminating your membership at the discretion of buysellanimals.
h. Contracts for the sale of land must be in writing to be legally enforceable.
i. You must not use the Services or the Website to promote items for sale outside the Services.
j. You are responsible for any actions taken through your membership. Buysellanimals memberships are not transferable and therefore can not be sold, leased, lent or traded. | | (4.2) Your obligations as a seller: | Top of Page | a. Sellers must be located in New Zealand or Australia. Sellers outside of these countries are not permitted to sell on Buy sell animals. Australian sellers must accept payment into their own domestic New Zealand bank account as one of their available payment options. Sellers should not send items to an address that is outside New Zealand and Australia.
b. You will only enter listings that are accurate, current, complete, and include all relevant information about the terms of sale, payment terms, shipping methods and who bears the cost of shipment. You must list an item in one category only which must be the most appropriate category for your item.
c. You will only place listings for items that exist and are to be sold. You will not list items that you are not legally entitled to sell or that are not in your possession. You will not sell or offer services.
d. You must not list anything that is illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or unsafe, anything which infringes copyright or other intellectual property rights, items which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any item of which the sale is prohibited by, or violates any, law. You are responsible for ensuring that any listing by you does not breach this clause 4.2(d). You agree that buysellanimals may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause 4.2(d) at any time.
d. To protect your images, we will watermark with our logo any images you upload to your listings. You must ensure you hold the copyright or are otherwise licensed to use any images you add to your listings.
e. When you list an item for auction on buysellanimals, you should do so with the intention of selling this item through the site. Therefore you should not advertise your item through another forum. If you remove a listing for an auction you will incur a non-refundable withdrawal fee, regardless of the reason.
f. Buysellanimals classifieds may be used by individuals or businesses to list specific items or jobs only and must not be used for multiple or generic item or job listings. You must not place multiple listings for a single item or job.
g. Your listing may only contain a URL for a website that contains further information on the item you have listed. This website must not offer any items for sale, or contain contact details. You must not use Buy sell animals’ listings to promote a business or website other than one for sale in your listing.
h. You must not use the Services or the Website to sell items that are of a speculative nature including, but not limited to, pyramid, surf-for-free, or similar schemes.
i. You must not manipulate prices through ghost-bidding or assuming multiple roles in a single transaction.
j. For auctions, you must sell to the highest bidder if the reserve price is met. You must only sell to a bidder who is not the highest bidder after reasonable attempts have been made to contact the winning bidder without success.
k. For classifieds, you may choose to sell to any buyer at your discretion.
l. Listings are not pre-screened for content. Buysellanimals reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions.
m. You agree to your email address being supplied to the buyer when your auction closes.
n. You must promptly forward the listed item to the successful buyer on completion of the transaction.
o. You must not charge unreasonable amounts for shipping and packaging costs. | | (4.3) Your obligations as a buyer: | Top of Page | a. You must be located in New Zealand or Australia to buy on Buysellanimals. People outside of these countries are not permitted to purchase items on buysellanimals.
b. Your bids are not retractable once the auction has closed. You must only place a bid if you intend to buy the relevant item at the bid price entered. Reasonable allowances should be made for postage where applicable.
c. If you are notified that your bid has been successful, you must complete the transaction in the manner specified. By making a bid, you warrant and represent that you have the legal right to enter into and complete the transaction.
d. You must make full and prompt payment for any item you buy.
e. You agree to your username and the amount of your bid being publicly shown on the buysellanimals Website. You also agree to your email address being supplied to the seller when you win an auction.
f. If your bid is successful and you do not pay for the item, you will receive a warning from buysellanimals if the seller complains about you. After 3 such complaints, buysellanimals may suspend or terminate your membership.
g. You may not bid on an auction that has been listed by a family member, flat mate, friend or any member that is personally known to you, in order to raise the price of that auction.
h. If you use the Pay Now facility to pay by credit card, you agree to: Attempt to resolve the issue with the Seller first, and to inform buysellanimals and co-operate fully and reasonably to resolve any problem transaction before requesting a chargeback from your card issuer or bank. | | (5.1) Fees and Accounts - Buysellanimals listing fees: | Top of Page | a. Buysellanimals charges fees for the use of the Website as a venue.
b. Buysellanimals current fees are listed on our FAQ page.
c. Any non-commission listing fees are charged at the time of listing and are not refundable. buysellanimals may (at our sole discretion) refund a commission or success fee charged on completed auctions if the sale is not successfully completed, provided that a member follows our defined refund process. Buysellanimals will only issue refunds in the form of credit to the Buysellanimals account of the member. Cash refunds will not be issued. Credits on accounts with Buysellanimals are not transferable between members.
d. Buysellanimals reserves the right to change the fees charged for any of our Services at any time. In the event that we introduce a new service, the fees for that service are effective at the launch of the service, unless otherwise stated.
e. Before listing any animals, you should review buysellanimals fees to ensure you are aware of the fees that you will incur. | | (6.1) System Integrity: | Top of Page | | Buysellanimals will use its reasonable endeavors to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, buysellanimals takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, buysellanimals assumes no responsibility for the corruption of any data or information held by buysellanimals. | | (6.2) Resolution of disputes: | Top of Page | | As buysellanimals is not a party to any sale or transaction between you and another member, you agree not to involve, or attempt to involve, buysellanimals in any dispute or in the resolution of disputes that arise between you and another member as a result of the Services provided, other than as provided in clause 4.3 i (h). | | (6.3) Partial Invalidity: | Top of Page | | If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect. | | (6.4) Governing Law: | Top of Page | | These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand. | | (6.5) Privacy: | Top of Page | Buysellanimals collects personal information about you through your use of the Services and the Website, including:
o Your registration details; and
o Information relating to your use of the Website and the content you access.
You agree that buysellanimals may use this personal information to assist us to provide the Services to you, for internal research purposes, to verify your identity, for promoting and marketing other buysellanimals products and Services to you, and for any other use that you authorize. You agree to your membership's trading history being published in your feedback.
We will not sell or allow third parties to access your personal information without your consent. We release account and other personal information only when we believe release is appropriate to comply with law; facilitate court proceedings; enforce or apply our terms and conditions.
If you intend to take Disputes Tribunal proceedings against another member and you require that member's contact details in order to take such proceedings, Buysellanimals will release those details to you if you make a Statutory Declaration stating that you require that member's contact details for the sole purpose of taking Disputes Tribunal proceedings. You may obtain a Statutory Declaration for this purpose by contacting buysellanimals or the Disputes Tribunal.
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