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TERMS AND CONDITIONS AT parkings.biz
Welcome to www.carpark.co.nz, also traded as parkings.biz. These terms and conditions are intended to assist keep parkings.biz a safe place to advertise.
Acceptance of terms and conditions:
The terms and conditions are the terms on which parkings.biz offers you access to the services and the web site. By registering as a member of parkings.biz you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the services. These terms and conditions may be amended in whole or in part by parkings.biz from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this web site. 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.Our Responsibility:
The services: parkings.biz provides a venue to introduce members who want to offer and want, or buy and sell items. parkings.biz does not take any part in the sale of items other than by providing our web site as a venue for members. A contract of sale or lease 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.At your own risk:
Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that parkings.biz 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. parkings.biz gives no undertakings, representations, or warranties in relation to ads sold or listed on the web site, including: a. about ownership of any items; b. as to the content, safety, description, worthiness, quality, or legality of the items that are listed on the web site; c. as to the accuracy or truth of listings; d. that any items will meet your requirements or expectations; or e. about the ability of members to complete a transaction. Disclaimer:
You expressly understand and agree that:
a. your use of the services is at your sole risk. The web site and services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting clause, parkings.biz 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. parkings.biz 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 web site is error-free or reliable;
c. no advice or information that is obtained by you from parkings.biz or anyone else shall create any warranty by parkings.biz that is not expressly stated in the terms and conditions; and
d. responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the web site does not constitute parkings.biz's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of parkings.biz to you or any other person under or in connection with these terms and conditions, or in connection with the services, this web site, another Member's acts or omissions, or your use of or inability to use, the services or this web site is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. parkings.biz's 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.
Indemnity: 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 completed a transaction, your use of parkings.biz's message boards and chat rooms, your sale or attempted sale of an ad prohibited, or arising out of any content or ad you submit, post, transmit, or make available through the services. Without limiting any other rights and remedies available to parkings.biz, parkings.biz may limit your activities on the web site, 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 parkings.biz considers it appropriate.
BECOMING A MEMBER
Becoming a member is free. You may only register as a member if you 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. 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 parkings.biz to ensure it is kept current at all times. You must not register as a member under multiple identities or personas (whether false or not). parkings.biz reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, parkings.biz may terminate your membership if a serious complaint or multiple complaints are received about you from other members, you breach these terms and conditions, you impersonate another member, or we, in our sold discretion, deem your behaviour to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled. You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:
GENERAL RULES
All listings, communications made through parkings.biz shall be made in good faith. You must not attempt to damage, interfere with or harm the web site or services, or any network, or system underlying or connected to them, including by using a robot, spider, scraper or other automated means to access the web site or information feature on it for any purpose. 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 parkings.biz message boards. You must list your ads in New Zealand dollars and without GST in the price. All tax obligations are the responsibility of the seller and/or the buyer (as the parties determine). You must not use the services or the web site to promote ads for sale outside the services. parkings.biz memberships are not transferable and therefore can not be sold or traded.Your obligations as a lister of ads: You will only enter listings that are accurate, current, complete, and include all relevant information. You must list an ad in one category only which must be the most appropriate category for your ad. Your listing may contain a URL for a website that contains further information on the ad you have listed. However this website must not offer any ads for sale, or contain contact details. You must not use parkings.biz listings to promote a business or web site other than a parkings.biz web site. Listings are not pre-screened for content. parkings.biz reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions. You must not link a listing to any page outside the web site unless the page directly promotes the sale of the items in the listing.
Feedback: Any feedback you provide on other members must be truthful and non-offensive. Feedback must be provided for the sole purpose of facilitating trading between members on the parkings.biz web site. You must not market or export any feedback to any venue other than the parkings.biz web site.
FEES AND ACCOUNTS
parkings.biz charges fees for the use of the web site as a venue. parkings.biz's current fees are listed on our payment page. Any fees are charged at the time of access information and are not refundable. parkings.biz 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. All fees are inclusive of GST and in New Zealand dollars unless otherwise stated. Unless otherwise stated in these terms and conditions, no interest or other financial charges will be applied to parkings.biz account balances. You must pay the fees immediately upon demand by parkings.biz.parkings.biz Accounts
parkings.biz maintains credit accounts for each member and from which members must pay fees including payment of advance listing options. parkings.biz accounts may not be used for the payment of items sold using the services. You must settle any negative account balance immediately. parkings.biz reserves the right to take action against you to recover outstanding debts. You are liable for all expenses (including legal fees) that parkings.biz incurs when collecting that debt. If you Terminate your membership parkings.biz will not refund the balance of your credit account. If you have not logged on to the web site for a period of 24 months (two years), any unused balance on your account is forfeited to parkings.biz and your membership will be suspended.
GENERAL PROVISIONS
- System Integrity: parkings.biz will use its reasonable endeavours to ensure the availability of the web site and services, subject to any downtime required for maintenance. However, parkings.biz takes no responsibility for any system unavailability, or for any loss that is incurred as a result of web site or services being unavailable. Further, parkings.biz assumes no responsibility for the corruption of any date or information held by parkings.biz.
- Resolution of disputes: As parkings.biz is not a party to any sale or transaction between you and another member, you agree not to involve, or attempt to involve, parkings.biz in any dispute or in the resolution of disputes that arise between you and another member as a result of the services provided.
- Force Majeure: parkings.biz has no liability for any lack of performance, unavailability or failure of the services or the web site, or for any failure of parkings.biz to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of parkings.biz.
- No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.
- Partial Invalidity: 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.
- Governing Law: 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.
- Intellectual Property Rights: parkings.biz (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the web site (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the services and the web site. You may not without our prior written permission, in any form or by any means: Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this web site; or Commercialise, copy, or on-sell any information, or ads obtained from any part of this web site.
- Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.
Privacy
parkings.biz collects personal information about you through your use of the services and the web site, including:
your registration details; and
information relating to your use of the web site and the content you access.
You agree that parkings.biz 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 parkings.biz products and services to you, and for any other use that you authorise.
We will not sell or allow third parties to access your personal information without your consent, however you agree that parkings.biz may disclose your personal information, including your name and contact details, to the relevant authorities and/or the applicable intellectual property right holders (or their representatives), if we consider that you are in breach of this clause at any time.
Answer not covered in this? Contact us.
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