Term And Conditions
Welcome to linkingpeople.co.nz (Website), New Zealand's own online trading Venue. Please read these Terms and Conditions carefully. These terms and conditions are intended to help keep Linking People a safe place to trade.
1. Acceptance of terms and conditions: The terms and conditions are the terms on which Linking People offers you access and use the Services and the Website. By registering as a member of Linking People you accept these terms and conditions. If you do not accept these terms and conditions do not use and refrain from using the services of this Website
1.1 Amendment of terms and conditions: These terms and conditions may be amended, removed or modify in whole or in part by Linking People 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 that you are familiar with the latest terms and conditions. By continuing to access the Website you agree to be bound by the amended Terms and Conditions as amended.
These terms and conditions were last updated 23th September 2012.
1.2 Terminology: In these terms and conditions, the following expressions have the intended meanings set out:
“Buyer” means any registered member who has offered to purchase or otherwise transact with a Seller for any Goods, Services or Vacancies advertised by the Seller on the Website and who the Seller has agreed to transact with.
\'item\', \'items\' means goods or property that may be bought or sold through the auction or classified process and that we do not prohibit from being advertised on the Website.
\'member\' means a registered member of Linking People that has completed our registration process.
Member Service(s)\' means a trade or business service that has been advertised by a Linking People member in the Services Category;
\'Services\' means any one or more of the services offered by Linking People from time to time, including online auctions, classifieds, Businesses. E-mails, sms alerts and any other service that Linking People may offer.
\'Services Category\' means the category on the Linking People homepage where members can list services;
\'we\', \'us\' and \'our\' are a reference to Sunil and Nilesh Holdings Limited trading as Linking People;
\'you\' and \'your\' are a reference to you;
\'Website\' means any Linking People website through which the services are offered;
\'listing\' means a listing on the Website through which you offer, negotiate, buy, sell or advertise any item or job, whether by auction or classified; including different businesses.
\'Verified\' means that a member\'s address has been checked.
\'seller\' includes any person placing a listing.
SPECIFIC IMPORTANT WARNINGS
2.1 The services: Linking People provides a venue to introduce members who want to buy and sell items and can advertise and locate Goods, Services or Vacancies. Linking People does not take any part in the sale of items other than by providing our Website as a venue for members and do not act as auctioneer. 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 or participate in any sale or transaction between you and other members therefore any such transaction you enter into is entirely in reliance on your own judgment and inquiries. Any statements, warranties or representations made to you or to any other person by the other contracting party relating to Goods, Services, Businesses or Vacancies including description, reviews and opinions are not made by or on behalf of us.Even though some of the services are being referred to as an auction, Linking People is not an auctioneer (whether under the Auctioneers Act 1928 or otherwise). Linking People also provides a Services Category venue where members can be connected with trades people, businesses and service providers and they advertise their Goods and Services which have been developed and / or provided by them and Linking People does not endorse, warrant or make any representation.
2.2 At your own risk: Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that Linking People 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. Linking People gives no undertakings, representations, or warranties in relation to items sold or listed on the Website, or Member Services advertised or offered through the Businesses Module including:
i) about ownership of any item;
ii) as to the content, safety, description, worthiness, quality, or legality of the items or Member Services that are listed on the Website;
iii) as to the accuracy or truth of listings;
iv) that any item, or Member Service listed in the Businesses Module, will meet your requirements or expectations; or
v) about the ability of members to complete a transaction, including credit card transactions.
2.3 Disclaimer: You expressly understand and agree that:
i) 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, Linking People 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;
ii) where Member Services are offered in the Services Category, Linking People disclaims and excludes liability for any guarantees that a Member Service will be carried out with reasonable care and skill, fitness for a particular purpose, time of completion or price for the provision of a Member Service;
iii) Linking People does not warrant that
(a) the services provided will be uninterrupted, timely, secure, or error free, or
(b) that any information (including feedback) provided on the Website is error-free or reliable;
iv) no advice or information that is obtained by you from Linking People or anyone else shall create any warranty by Linking People that is not expressly stated in the terms and conditions; and
v) 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 Linking People’s recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
vi) while Linking People has systems in place to reduce the risk of credit card fraud, Linking People is not responsible for protecting members from credit card fraud. Linking People’s 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: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Linking People 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. Linking People\'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. The New Zealand Consumer Guarantees Act 1993 may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified. These Terms must in all cases be read subject to those statutory provisions. However, if you are a business using this Website, then you agree that the provisions of the Consumer Guarantees Act 1993 shall not apply to your use of the Website or your reliance on the Website. Linking people make no warranties that the Website meets your requirement or the Website will operate uninterrupted, secure or error free.
2.5 Indemnity: You agree to release, indemnify and keep indemnified us and our staff and contractors 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 Linking People\'s message boards, your sale or attempted sale of an item prohibited under clause 4.2(e), or arising out of any content or item you submit, post, transmit, or make available through the Services.
2.6 Breach: Without limiting any other rights and remedies available to Linking People, Linking People 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 Linking People considers it appropriate.
2.7 System Integrity: Linking People will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, Linking People takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, Linking People assumes no responsibility for the corruption of any data or information held by Linking People.
2.8 Dispute Resolution: Where any dispute arises between you and another Registered User of the Website you agree to in good faith use best endeavours to attempt to resolve the dispute amicably through negotiation or other informal means among each other. You acknowledge that we will not be a party to any such dispute as Linking People is not a party to any sale or transaction between you and another member thus you agree not to involve, or attempt to involve Linking People.
2.9 No Waiver: If we do not exercise 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.
2.10 Force Majeure: Without prejudice to clause 2.3( i ), Linking People has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of Linking People to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Linking People.
2.11 Severability: If any portion of these Terms is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.
2.12 Governing Jurisdiction: These Terms are governed by and will be construed in accordance with the laws of New Zealand and you submit to the jurisdiction of the courts of New Zealand.
2.13 Intellectual Property Rights: You acknowledge that we (Linking People) are the proprietor or the authorized licensee of the copyright, trade marks and all other intellectual property rights (IP Rights) in any Content displayed or available through the Website (including text, graphics, logos, icons and sound recordings) Except for any Seller Content that you own no Content may be reproduced, published or transmitted without our prior written consent. You will remove or cease any link upon our request.
2.14 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.
BECOMING A MEMBER
3.1 Becoming a Member: You can become a member by registering with Linking People if you are 18 years old or more and are a resident in New Zealand and can form a legally binding contract that is enforceable against you .By registering as a member which is absolutely free, you warrant that you can form a legally binding contract.
3.2 Accurate Information: You must not register as a member under multiple identities or personas (whether false or not). You warrant and confirm that personal information that you have provided is current, complete, accurate and you agree to maintain and update at all times. Linking People may phone or mail you to verify the accuracy of these details.
3.3 Termination of membership: Linking People reserves the right to decline to register or to terminate your membership without giving any reason or entering into further discussions. Without limiting the foregoing, Linking People 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 behaviour to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled.
3.4 Security of your login information: You are responsible for keeping your login information, including your email address and password, secret and secure.
You also agree without limiting the foregoing not to reveal, disclose or provide to any other person to use your user name or membership, your password, email address, date of birth or any other information which may allow them to gain access to your membership
3.5 Emails and newsletters: Linking People may send you regular electronic newsletters relating to your membership, transactions and other activities on the Website, and for promoting and marketing other Linking People products and services to you. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list of Linking People,
GENERAL RULES
4.1 General
a. You will ensure that usage of the Linking People Website for all listings, bids and communications be made in good faith and you use the Website responsibly.
b. You must not post or transmit any software, data, information, pictures, graphics and other material on the Website likely to be defamatory, offensive, upsetting, obscene, and we reasonably consider to be in any way objectionable
c. You must not use unauthorized automated means to access the Website or its content for any purpose or hack into any part of the Website.
d. You must not interfere with or damage or harm the Website, services or systems connected to them or post any thing containing virus or other destructive component.
e. You must not list email address, phone numbers, links or any contact details within the description of listing, listing comments and/or questions, in your profile.
f. Not withstanding 4.1e above you may put your contact details in listing categories which specifically provide for those details such as jobs, vehicles, businesses or other classifieds etc.
g. All tax obligations are the responsibility of the sellers and buyers. All listings must include GST and are in New Zealand dollars except commercial property which excludes GST or where applicable.
h. You must not let others use your membership by giving them your login details and are responsible for any actions taken through your membership. You can not lease, rent or sell Linking People membership.
i. All transactions should complete within Linking People processes and member must not complete a transaction outside the Linking People process in order to avoid success fee. If a member is attempting to avoid fees by any means may result in Linking People terminating his membership at their discretion.
j Contracts for the sale of land must be in writing to be legally enforceable.
4.2 Seller’s obligations
a. Where you choose to list Goods, Jobs, Property, Deals or any other Services with Linking People( Website) you will ensure that the information about the them is accurate, correct and you have necessary rights to advertise and sell at the time it is listed and for the period it remains on the Website. You should include all relevant information about the terms of sale, shipping methods and who bears the shipping cost.
b. Sellers must be located in New Zealand. Sellers out side New Zealand are not permitted to sell on Linking People. Sellers should not send items to an address outside of New Zealand.
c. You must not list any thing which is not in your possession. You only list items that exist and you are entitled to sell them legally.
d. You must intend to sell or provide the relevant Goods that you advertise or offer on Linking People. Therefore you should not advertise or offer the same items through an alternative forum at the same time as listing on Linking People. If you remove a listing from an auction you will incur a non-refundable withdrawal fee, regardless of the reason.
e. You must not place multiple listings for a single item or job. You must not use your listings to promote a business or a website or contain contact details; it may only contain a URL for a website that contains further information on the item you have listed.
f. You must be a registered motor vehicle trader and hold clear authority to sell the vehicles which are in transit to list on Linking People. In your listing you must mention that vehicles are offshore or in transit.
g. If you\'re a motor vehicle trader selling a car on Linking People by auction, you must attach to the motor vehicle, a Consumer Information Notice (CIN), in a prominent position on your listing (e.g., through a clear photo) and provide the CIN to the successful buyer.
If you sell six or more vehicles in a year, you must register your self as a motor vehicle trader. For more information visit the Motor Vehicle Traders Register website.
Whether you are a private motor vehicle seller or a registered motor vehicle seller on Linking People, you must make sure that buyer of the motor vehicle takes the motor vehicle free of any security interest. You must disclose if there is any security interest over the vehicle while 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. without limiting clause 4.1(b), is or is reasonably likely to be unsuitable for persons under the age of 18 years or adult rated content (videos, magazines, DVD\'s, etc) in the Adult or in the R18 section (if any is established); category.
j. Linking people reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions.
k. You must not in any way influence that bidding process through ghost bidding or shill bidding (where you or an associate of yours assumes the manner of a buyer to drive up the sale price) or any other way whatsoever
l. 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 in case of auctions.
m. Where as for classifieds, it is your discretion to sell to any buyer you choose.
n. If a binding agreement for the sale of Goods is reached between you and a Buyer, you will complete that transaction and deliver the relevant Goods in the manner agreed with the Buyer.
o. You must charge reasonable amounts for shipping and packaging costs.
p. You must give your email to the successful buyer when your auction closes.
q. In order to protect your images, we will watermark with our logo any images you upload to your listings which cannot be copied. You must ensure that you take the photos of the item or you hold the copyright or are otherwise licensed to use any images you add to your listings.
r. All lands listed for sale should be in New Zealand.
s. You must not list anything that is illegal, offensive, 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 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(s). You agree that Linking People 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(s) at any time.
t. You may only sell bookings and tickets in our Travel module. All flight tickets, accommodation and travel packages must be able to be transferred into the buyer\'s name from within New Zealand (either directly with the airline, service provider, or via a travel agent).
u. You must comply with Films, Videos and Publications Classification Act 1993.while selling films, videos, DVDs, VCDs and laser disks on Linking People. It is an offence to sell any of these items if they have not been examined and classified by the appropriate agencies. The offence carries a maximum penalty of $3,000 per publication. If any publication was sold, and deemed to be objectionable and where the seller knew the publication was objectionable, the maximum penalty consists of 10 year\'s imprisonment per publication. Therefore, when listing these items for sale, you must include within your listing, the New Zealand classification rating and all information on the classification label.
v. The sale of firearms and ammunition remotely on Linking People is within the provisions of section 43A of the Arms Act 1983. It is an offence to sell by mail order a firearm or any ammunition for a firearm otherwise than pursuant to a written order signed by the purchaser and bearing an endorsement signed by a member of the Police stating that the member of Police has inspected the purchaser\'s firearms license and is satisfied that the purchaser is a fit and proper person to purchase that firearm or ammunition. Sellers must sight the firearms license of the buyer, or for remote sales must receive written confirmation signed by Police confirming the buyer holds a valid firearm\'s license. Forms are available at any police station.
You may only list "A" category firearms, in sporting configuration, as defined by the Arms Act 1983. You may not sell firearms that require additional license endorsements to purchase or large capacity magazines.
You may only sell firearms that are already in New Zealand. Overseas members may not buy or sell firearms on the site. Only one firearm may be advertised per listing.
4.3 Buyer’s Obligation
a. Where you offer to buy Goods through Linking People (Website) you will ensure that the information you provide in that offer is accurate, correct and that you have all the necessary rights to buy those Goods. You must be located in New Zealand to buy on Linking People. People outside of New Zealand are not permitted to purchase items on Linking People.
b. If you make a bid that bid shall not be retractable once the auction is closed. You must only place a bid if you intend to buy the relevant item at the bid price entered. By making a bid, you warrant and represent that you have the legal right to enter into and complete the transaction.
c. Once you are notified that your bid has been successful, you must complete the transaction in the manner specified and you must make full and prompt payment for any item you buy.
d. You agree to your username and the amount of your bid being publicly shown on the Linking People( Website) .You also agree to that your email address be supplied to the seller when you win an auction.
e. Once your bid is successful, a binding agreement for the purchase of Goods is reached between you and a Seller you must pay for the item in the manner agreed with the Seller. If you do not pay for the item you will be warned by Linking People and after three warnings your membership will be terminated.
f. You must not try to raise the price of the auction with the help of your family member or friend.
g. If you seek a refund from the seller in case the item bought is not as described or arrive damaged you must try to resolve the issue with the seller and return the item in original packaging.
4.4 Feed Back
The sole purpose of Feedback is to improve the service and quality of the items being sold on Linking People by buyer’s comments about the seller. Hence the feed back must not contain inappropriate language and offensive or abusive comments. Linking people reserves the sole right to determine what is considered inappropriate, offensive, abusive and defamatory remarks or comments. You must not include any personal information or contact details. You should post Feed back only specific to a particular transaction.
FEES AND ACCOUNTS
5.1 Linking People’s Listing Fees and Success Fees
a. Linking people charges fees for the use of the web site as a venue. Linking people’s current fees are listed on our Fee Page in the help section.
b. Linking People charges fee for any non-commission listings and are not refundable. Linking People may (at our sole discretion) refund a commission or success fee charged on completed auctions if the sale is not successfully completed and Linking People accepts that a refund is appropriate in the circumstances provided that a member follows our defined refund process. Linking People will only issue refunds in the form of credit to the Linking People account of the member. Cash refunds will not be issued. Credits on accounts with Linking People are not transferable between members.
c. Linking People reserves the right to change the fees charged for any of our Services at any time once it is changed in the Fee Page In case Linking People introduces a new service, the fees for that service are effective at the launch of the service, unless otherwise stated.
d. All fees are inclusive of GST and in New Zealand dollars. No interest or other financial charges will be applied to Linking people account balances.
e. Linking People reserves the right to investigate queries regarding the refund of success fees with bidders, other members, Internet Service Providers, and any other relevant party.
f. You should review Linking People’s fees that you will incur before listing an item.
g. You must pay the fees immediately upon demand by Linking People.
5.2 Linking People’s Account
a) Linking People member’s account may not be used to pay for items purchased using the web site.
b) A negative account balance must be settled immediately. In the event of any failure by you to settle a negative account balance you are liable for all reasonable expenses (including legal fees) incurred to recover the amount by Linking People.
c) If your membership is terminated by Linking People, or you choose to terminate your membership, Linking People will refund the balance of your credit account less a $5 processing fee to a nominated New Zealand bank account. Account balances of $10 or less will not be refunded. Promotional giveaways of Linking People credits, bonus credits, or any free credits gifted to the member on registration will not be refunded.
d) If you have not signed into Linking People for a period of 24 months any unused balance on your Linking People account is forfeited to Linking People and your membership suspended.
Privacy and Personal Information:
a. You agree that we may disclose your personal information (including but not limited to your name and contact details) to the relevant authorities and/or the applicable intellectual property rights holders (or their representatives) if we consider you are in breach of clause 4.2(s).
b. We may also disclose any information we consider in our absolute discretion we are required to in order to satisfy any applicable law, regulation, legal process or government request.
c. Please refer to the Privacy Policy for further conditions relating to your personal information (the terms of such Privacy Statement are incorporated into these General Terms and Conditions of Use).
2.15 Additional rules: In addition to the terms and conditions set out in this document, the Banned and Restricted items, Listing Policies, Job Listing Policies. Business Listing Policies, Eating Establishment Policies, Vehicle Listing Policies and Refund Policies form part of these terms and conditions.
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