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User Agreement
The text below is our user site agreement. These are the terms and conditions
required for access to our site. Please read completely before deciding to
agree or disagree with these terms.
Welcome to Auctionme’s User Agreement. This Agreement describes the terms and conditions applicable to your use of our services at Auctionme.co.nz. By using our services, you unconditionally and irrevocably accept the terms and conditions of this Agreement. If you have any questions contact questions@auctionme.co.nz
This Agreement helps keep Auctionme a safe place to buy and sell. Auctionme is built on trust, and this Agreement helps promote that trust among all members of our community.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH AUCTIONME'S ONLINE AUCTION & CLASSIFIEDS OFFERS YOU ACCESS TO OUR SERVICES. BY TICKING THE BOX & "Continue" BUTTON, YOU ACCEPT THE TERMS AND CONDITIONS BELOW.
Terms and Conditions:
1. Eligibility for Membership.
Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services. Auctionme may refuse our services (such as, but not limited to listings, chat, and bidding) to anyone at any time, in our sole discretion.
2. Effective Date.
We may amend this Agreement at any time by posting the amended terms on our site. The amended terms shall automatically be effective 30 days after they are initially posted on our site. This agreement was revised on January 19th , 2003 and becomes effective on the 19 February 2003.
3. Indemnity. In all matters the user, subscriber or any variation thereof absolutely and without right of setoff, waiver or otherwise, irrevocably indemnifies Auctionme, its Officers, employees, agents and any variation thereof against all and any claim(s) arising.
4. Fees.
Joining Auctionme is free. Our current Fees Policy for selling items on Auctionme are available at http://www.auctionme.co.nz, and are incorporated herein by reference. Unless otherwise stated, all fees are quoted in N.Z. Dollars and include Goods and Services Tax (GST) of 12.5%. You are responsible for paying all applicable taxes (if any) and for all hardware, software, service and other costs you incur to bid, buy, procure a listing from us or access our servers. We may in our sole discretion add, delete or change some or all of our services at any time.
5. Auctionme is Only a Venue.
a. Our site acts as the venue for sellers to conduct auctions and for bidders to bid on sellers’ auctions. We are not involved in the actual transaction between buyers and sellers.
b. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items.
c. We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchase of items they have bid on. In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretence.
d. Because user authentication on the Internet is difficult, Auctionme cannot and does not confirm that each user is who they claim to be. Therefore, because you must be careful in dealing with other users to avoid fraud, we have established a user-initiated feedback system to help you evaluate who you are dealing with. We also encourage you to communicate directly with a trading partner to help you evaluate with whom you are dealing. Please practice safe trading.
e. Because we do not and cannot be involved in user-to-user dealings, in the event that you have a dispute with one or more users, you release Auctionme (including but not limited to its Officers, employees and agents in any variation) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
f. For legal reasons, we cannot nor do we try to control the information provided by other users which is made available through our system. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabelled or deceptively labelled. We expect that you will use caution and common sense when using our site.
6. Bidding and Buying.
As a bidder, if you have the highest bid at the end of the auction, at or above the minimum bid price (or in the case of reserve auctions, at or above the reserve price), and your bid is accepted by the seller, you are obligated to complete the transaction. Bids are not retractable except in exceptional circumstances such as the seller materially changing the description of the item after your bid or clear typographical errors, or when you can not authenticate the identity of the seller. You may not bid in a way that pulls other bidders to their maximum bid, retract the high bid, and then rebind at a small increment above the legitimate high bidder (bid manipulation). If you choose to bid on adult items, you are certifying that you have the legal right to purchase items intended for adults only.
7. Listing and Selling.
a. Listings are text descriptions, graphics and pictures on Auctionme's web site supplied by you that either; (a) textually describe the item you are listing for auction, or (b) link to the text, graphics and picture(s) describing the item you are listing for auction. You may post on Auctionme's site either or both of these listing types, provided that you place such listings in an appropriate category. At any given time you may not promote identical items in more than seven listings on the web site.
b. If you receive one or more bids at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price), then you are obligated to complete the transaction with the highest bidder, unless there is an exceptional circumstance, such as; (x) the buyer fails to meet the terms of your listing (such as payment method), or (y) you cannot authenticate the identity of the buyer. You may not email bidders in a currently open auction being run by a different seller, offering similar or the same items at any price level (bid siphoning), nor may you use an alias to place bids on your own auction for any reason..
c. Without limiting any other remedies, Auctionme may suspend or terminate your account if you are found to have engaged in fraudulent activity in connection with our site.
8. Your Information.
Your information includes any information you provide to us or other users during the registration, bidding or listing process, in any public message area or through any email feature (defined herein as "Your Information"). With respect to Your Information the following applies:
a. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. However, we may take any action with respect to such information we deem necessary or appropriate in our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our advertisers or other suppliers.
b. Your Information and your items for sale on Auctionme's Online Auction & Classified:
(a) shall not be fraudulent or involve the sale of counterfeit or stolen items;
(b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(c) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti discrimination or false advertising);
(d) shall not be defamatory, trade libellous, unlawfully threatening or unlawfully harassing; and
(e) shall not link directly or indirectly to or include descriptions of goods or services that:
(i) are prohibited under this Agreement;
(ii) are identical to other items you have up for auction but are priced lower than your auction item's reserve or minimum bid amount;
(iii) are concurrently listed for auction on a web site other than Auctionme's; or
(iv) you do not have a right to link to or include. Furthermore, you may not post on our site or sell through our site any item that, by paying to us the listing fee, could cause us to violate
any applicable law, statute, ordinance or regulation.
c. Solely to enable Auctionme to use Your Information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Auctionme will only use Your Information in accordance with our Privacy Policy.
9. No Price Manipulation.
Sellers may not manipulate the price of their item, either by using a shill (a secondary account or third party) or by bidding themselves.
10. System Integrity.
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Auctionme site or any auction being conducted on our site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose..
11. Feedback.
a. You may not take any action which may undermine the integrity of the feedback system, such as: leaving positive feedback for yourself using secondary User IDs or third parties; leaving negative feedback for other users using secondary accounts or third parties (feedback bombing); or leaving negative feedback if a user fails to perform some action that is outside the scope of the auction (feedback extortion). If you earn a net feedback rating of -3 (minus three), your membership will automatically suspend, and you will be unable to list or bid.
b. Because feedback ratings are not designed for any purpose other than for facilitating trading between Auctionme users, we may suspend or terminate your account if you choose to market or promote your Auctionme feedback rating in any venue other than Auctionme.
12. Breach.
We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership, any of your current auctions, and any other information you place on the site if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us.
13. Privacy.
Our current privacy policies, are available at http://www.Auctionme.com/auction/privacy, and are incorporated herein by reference.
14. No Warranty.
WE AND OUR SUPPLIERS PROVIDE THE AUCTIONME's ONLINE AUCTION & CLASSIFIED WEBSITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
This warranty gives you specific legal rights and you may also have other legal rights which may vary.
15. Limit of Liability.
IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
16. General Compliance with Laws.
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase and sale of items.
17. No Agency.
You and Auctionme are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
18. Notices.
Except as explicitly stated otherwise, any notices shall be given by email to questions@Auctionme.co.nz (in the case of Auctionme) or to the email address you provide to Auctionme during the registration process (in your case), or such other address as the party shall specify. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Auctionme during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
19. General.
a. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control.
b. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
c. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
d. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
20. Governing Law.
This Agreement shall be governed in all respects by the laws of New Zealand.
21. Entire Agreement.
This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
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Transmitted: 5/22/2013 10:41:12 AM
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