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23 Feb. 2012
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Terms and Conditions
General Terms and Conditions (Registration) This web-site is intended to be a friendly, enjoyable and useful experience, but as with anything concerning any kind of transactions there are risks involved and we strongly advise you to understand all of these terms before joining. If you spot a listing that you feel is violating the general terms and conditions of this web-site as stated below please let us know by contacting us. Rights To Suspend or Terminate. You agree that this web-site, in its own discretion, may terminate any auction or use of the service immediately and without notice if (a) We believe that you are not abiding by the general rules of this web-site (b) You have repeatedly broken a certain term (c) You have listed a suspicious item (d) We believe you to be a non paying bidder. In most cases when we suspect foul play we will suspend your account/listing whilst we investigate further. If our investigation is conclusive then your account with us will be terminated. Your Conduct. You are solely responsible for the contents of your actions through this web-site. You must ensure that your participation in the selling or buying of items does not violate any applicable laws or regulations. By this we mean that you must check that you entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law or regulation. You must not transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation. Membership. Membership to this web-site is only available to those you can form a legally binding contract. This web-site does not permit minors (under 16) to register. If any member fails to signup with their correct age the account will be terminated immediately. General Terms. This site acts as the window 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. As a result, we have no control over the quality, safety or legality of the items listed the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchases 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. This Web-site shall not be responsible for any items sold by Auction, for any damage to items during transit or during the inspection period, nor for misrepresentations and/or breaches of contract by either buyer and/or seller. This web-site shall not be responsible for the cost of procurement of substitute goods or any losses resulting form any goods purchased or obtained. This web-site assumes no liability for the content of the listings. However if you fall victim of a fraudulent transaction we will assist you as much as we can. Laws. These Terms of Service shall be governed by and constructed in accordance with the laws of New Zealand and any disputes will be decided only by the Courts of New Zealand. Article 1. Eligibility of membership - This auction site is only available to people who are legally able to form binding contracts with you and the seller/buyer of an auction item. People who are of under age of 18 are not eligible for membership due to security precautions that can result as of those members. If you do not meet these requirements, you are not eligible to use these auction services. Article 2. EasyNetAuctions is only providing auction services - We only provide services to people interested in selling and buying merchandise via internet auction. We do not have control over the items that are posted in the auction site, and cannot guarantee the authenticity and quality of a said product. We are not responsible for the actions the sellers takes, before, during, and after the auction, typographical errors, mis-prints, loss of merchandise/money, damage or failure of equipment, due to your visit to this auction site. Use of this site is at your own risk, and content is presented 'As-Is'. Article 3. Bidding and Selling - As a user, you may bid and/or sell merchandise over EasyNetAuctions. As a bidder, you know that placing a bid is a binding contract with you and the seller, and the bid cannot be retracted unless due to fault by the seller of typographical error, or other error, due to human error on the seller's part. Once you place a bid, and if you win, you will be obligated to buy the product at the said price you indicated as your bid. Placing a bid on this auction site, and winning, then not paying for the product is illegal in most states, and prosecution can result to you. As a seller, the item that you place up for bids must be real. Once a bid has been placed for your item, you are being placed in a binding contract with the potential buyer of the product, if that bid shall be the highest bid. Once the auction is over, if over reserve price, you are obligated to sell to the potential buyer which is the highest bidder in your auction. If, reserve price was not met, you are not obligated in any way to sell this item at all. As a seller, you are not in any way to bid on your own items. If reported, your auction will be deleted. Article 4. Selling Items - As a user, you are welcome to put items up for sale in the EasyNetAuctions. We do have restrictions on what items you may sell, and what you may not sell. You may not sell illegal merchandise, including pirated software and music, firearms, adult videos, or anything that is affiliated with pornography, etc. Items that are up to bids are subject to review by the staff of EasyNetAuctions, and my be removed without prior notice, if in violation with the User Agreement. Article 5. Privacy - We gather your information so that other people will have it on hand when they win your auction, or you win their auction. Personal information is not sold, rented, without your permission. Personal information sent to a user regarding a product bought or sold on the auction is not to be used for any other purpose, except for communication with the auction item. Article 6. Warranty - EastNetAuctions provide this website in an 'as-is' condition, without a warranty or condition. Going Going Gone is not liable for any damages resulting in an auction, or your visit to the site. Welcome to EasyNet Auctions" the Auction site") which is operated by Recycled Technology Limited (we, us, our). We provide an online marketplace and information exchange which includes provisions for users to post and access advertisements and other communications (listings) including text, photos and other media, to access and post contributions to forums and to send and receive emails. By using any of the facilities or services provided by or in association with the site in any way you agree to the following Terms of Use. Our Terms of Use include our (see below). Conduct You take full responsibility for any material you post, email or otherwise make available via our site or associated services. You agree to take care that the information and contact details you provide are correct, and you agree not to post, email or otherwise make available any material that: • is false or misleading or infringes any law; • is objectionable, offensive, discriminatory, defamatory, sexually explicit, constitutes harassment or is in bad taste; • breaches copyright, patent, trademark or other proprietary rights; • includes personal or identifying information about another person without their permission; • purports to be placed by another person, that mis-represents your affiliation with a person or entity, or that employs misleading email addresses or identifying information; • brings the site into disrepute; • Violates our prohibited content policy . You also agree not to: • Knowingly post material to the wrong category or area; • Identify a listing as having been placed by a private party if you trade in commercial quantities in the items or services you are offering (in this case you must use a business listing); • Modify, copy or distribute another person's material without their consent; • Collect email addresses or other information about others without their consent; • Distribute spam, viruses or other material that could have a detrimental effect on the site or on other users; • Attempt to gain unauthorized access to our computer systems or take any action that interferes with the proper working of the site. If you are a minor or for other reasons are restricted in your ability to enter into legal contracts then you may only offer or purchase items or services via the site or register on the site with the consent of a parent or guardian. You also may not purchase items or services offered on the site where the sale of such items or services to a person of your age is prohibited by law. Content You agree not to hold us responsible for things other users may post or do. We do not guarantee the accuracy of any postings or user communications or the quality, safety or legality of what is offered. In particular, the person who places the posting is solely responsible for the description of any goods and services offered, including condition, availability, authenticity, title, value and any other matters relating to the offer and sale of the item. We make no representations or warranties of any kind with respect to goods and services offered through the site. We reserve the right to delete or refuse any listing or other material posted, to edit or alter any listing or other material posted for clarity, brevity or other reason, to determine whether a listing constitutes a business listing or a private listing under our placement rules and to re-categorize any listing. We also reserve the right to revoke the registration of any user on the site or to deny any user the right to register on the site. Transactions between site users Any transaction you enter into with another user of the site is entirely the responsibility of you and that party. We do not act as a sales agent or auctioneer or hold or guarantee funds in relation to any transactions undertaken by users of the site. You acknowledge that: • any offers or agreements you make with other users in relation to listings on our website are contractual obligations for which you are legally responsible; • We will not be a party to any dispute arising out of or in connection with any listing or related transaction. Copyright All material on this site, as well as the underlying software, is copyright of EasyNet Auctions you agree not to copy or distribute this material except as expressly allowed for by the functionality in the site. When you place content on the site you also agree that we may use this content as we wish including in other media. Liability You agree that, whether caused by us or not, we are not responsible for any direct, indirect or consequential damage or loss arising from: • Any trading conducted between you other users of the site; • Any error, omission or inaccuracy in any listing or material published by us; • Any other matters arising from the content of any listing or other material placed on the site or any emails facilitated by our system. • Any failure to publish any listing or other material at any specific time or via any specific publication channel; • Any difficulty, loss, damage or other adverse consequence you may suffer directly or indirectly through the use of our site or other services we offer for whatever reason including but not limited to malfunction, non-availability of the site or infection by virus or malware; • Any other adverse affect that you may suffer directly or indirectly as a result of using our site and services; • Any communication, whether initiated by you, by us or by another user, that did not reach its destination or was not processed by us in a timely manner. In any circumstances our liability to any advertiser is limited to the value of any payment made to place the listing, taking into account the period during which the problem persisted. We reserve the right to compensate for this by extending the length of the booking. Where a user-entered listing or other advertising is altered, re-categorized or removed by us because in our opinion it does not meet our content requirements then we will not be obliged to make any refund for any associated payment made. To the extent that any advertisement is published for the purposes of the advertiser's business, the statutory guarantees provided for in the Consumer Guarantees Act 1993 shall not apply. Indemnity You agree to indemnify us, our servants and our agents against any actions, claims, costs or losses arising out of the content you submit, your use of any of the facilities or services we provide or your breach of these terms of use. Paid online services Besides free basic listings, we also offer some paid services that can be purchased online using either a credit card or funds placed by you in a pre-paid deposit account. If you use a pre-paid deposit account or any of these paid services you agree that: • Funds placed by you in a pre-paid deposit account may be used by us to pay any sum due and owing by you to us. • Purchases made online and funds placed in a pre-paid deposit account are non-refundable. • Where a pre-paid deposit account has remained unused for a period of 3 years or more, we reserve the right to close the account without refund. Commercial advertising and services This section applies to advertising or services supplied by us that are not paid for via the web site. If you use such advertising or services then you agree that: • You will make payment in full by the receipt following the date of invoice/statement, or as has otherwise been set out by us. General These terms of use and other policies detailed below constitute the entire agreement between you and us and supersede any previous agreements. If we do not enforce a particular provision we are not waiving our rights to do so later. Should a court strike down any of these terms the remaining terms will continue in effect. We may update this agreement or other policies posted on the site at any time in which case the update will take effect from the time you next use the site. This agreement is governed by New Zealand law. These terms of use were last updated on 23 January 2009. EasyNet Auctions — Prohibited Content Policy We do not accept listings or any advertising related to the following: • Airline tickets • Alcoholic drinks • Lottery tickets • Military-style firearms (as opposed to sporting or sporterised firearms) • Multi-level marketing schemes • Rare or endangered animal species • Tobacco and cigarettes, including tobacco plants • Items for which the seller requires a licence, unless you hold a licence. ________________________________________ EasyNet Auctions — Privacy Policy Any personal information you provide us, for example if you register on the site, is used for the purposes of (i) providing site-related services and information to you, including facilitating the placement of phone numbers and other details on your listings, should you require this and (ii) sending you communications in relation to the site and newsletters, should you opt to receive these. Certain non-identifying information such as your user ID, region of residence and the date you joined the site may be displayed together with your listings. In the event of any acquisition by, merger or sale of the EasyNet site, your personal details will remain with whoever continues to provide this classifieds service. Except as noted above, the information we hold is not divulged to other site users or to third parties except when we are legally required to do so. You have the right to access to any personal information we may hold about you and to require this be corrected or deleted if inaccurate. Generally, this will be information you supplied when registering and the site allows you to access it and to alter or delete it when you wish.
Check this checkbox if you agree to the terms and conditions above.
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