SHOPLOCALLY MARKETPLACE TERMS AND CONDITIONS OF USE

  1. About the Website

1.1. Welcome to https://www.shoplocally.co.nz/ (the ‘Website’). The Website facilitates interactions between: making it easier for the Receiver and the Provider to locate, communicate, arrange payment and deliver the services in a fast and secure manner (the ‘Services’). (a) customer (the ‘Receiver’); and (b) vendor (the ‘Provider’),

1.2. The Website is operated by Shoplocally Marketplace . Access to and use of the Website, or any of its associated products or Services, is provided by Shoplocally Marketplace. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of its products or Services, immediately.

1.3. Shoplocally Marketplace reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Shoplocally Marketplace updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

 

  1. Acceptance of the Terms

You accept the Terms by registering for the Services and/or making any payment as required under the Terms for use of the Services. You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by Shoplocally Marketplace in the user interface.

 

  1. The Services

3.1. In order to access the Services, both the Receiver and the Provider are required to register for an account through the Website (the ‘Account’).

3.2. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

(a) Email address

(b) Preferred username

(c) Mailing address

(d) Telephone number

(e) Password

(f) First & Last Name

3.3. You warrant that any information you give to Shoplocally Marketplace in the course of completing the registration process will always be accurate, correct and up to date.

3.4. Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms.

3.5. You may not use the Services and may not accept the Terms if:

(a) you are not of legal age to form a binding contract with Shoplocally Marketplace; or

(b) you are a person barred from receiving the Services under the laws of New Zealand or other countries including the country in which you are resident or from which you use the Services.

 

  1. Your obligations as a Member

4.1. As a Member, you agree to comply with the following:

(a) you will not share your profile with any other person;

(b) you will use the Services only for purposes that are permitted by: (i) the Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(c) you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;

(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Shoplocally Marketplace of any unauthorised use of your password or email address or any breach of security of which you have become aware; (e) you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;

(f) any content that you broadcast, publish, upload, transmit, post or distribute on the Website (‘Your Content’) will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.

(g) you agree not to harass, impersonate, stalk, threaten another Member of the Website (where interaction with other Members is made available to you); (h) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services;

(i) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Shoplocally Marketplace;

(j) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

(k) you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by Shoplocally Marketplace for any illegal or unauthorised use of the Website; and

(l) you acknowledge and agree that any automated use of the Website or its Services is prohibited.

 

  1. Using the Website as the Receiver

5.1. You must be a registered member to place orders on the Platform. To register as a member, you must be at least 18 years old and have a current New Zealand residential address. You will also need to provide us with personal information including your name, address, valid mobile phone number and email address. You are responsible for ensuring this information is up to date at all times.  One account per user.

5.2 We may disable your registration at any time if we believe that you are not using Shoplocally in an appropriate or reasonable way.

5.3 Information about products on the Website is based on material provided by Merchants. We cannot be held responsible for incorrect information supplied by Merchants and you agree to make your own enquiries to verify information and assess the suitability of products before placing an order. We also note that due to photographic and screen limitations, some actual products may differ to a small extent in visual appearance from the way they appear on the Website. Any information contained on our Website (and any of our associated websites, Apps or social media pages) constitutes an invitation to treat only and is not an offer by us to supply any products.

To order a product, add it to the shopping cart and proceed through the checkout process. You will be required to enter payment information, which, if successfully completed, will lead to a confirmation page (which you can use as a receipt of your order). Once you complete an order (including payment), it will be sent to the Merchant who will confirm whether your order has been accepted or rejected. If the Merchant rejects your order, you will be refunded in full.

Some products on the Website carry an age restriction such as alcohol. If a product you have selected is age restricted, you will be required to confirm that you are an appropriate age to purchase the product. Confirming this means you represent to us and the Merchant that you are of an eligible age and that you are not purchasing the product on behalf of a person who is not the appropriate age. The Merchant may require you to confirm your age upon delivery of your products.

 

  1. Using the Website as the Provider

6.1. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure. If you suspect or become aware of any unauthorised use of your account, you must notify us immediately and take immediate steps to re- secure your account.

Other than connecting to Shoplocally Marketplace through the website, you must not gain or attempt to gain access to Shoplocally Marketplace’s servers. You agree not to disrupt, modify or interfere with the website and its associated software, hardware and data in any way.

We do not warrant that the website will be available at all times and without disruption. We may make changes to the content on the website at any time without notice.

The website has some links to third party websites. These sites have not been prepared by us and are not under our control. Any third party links are only provided as a convenience and we are not responsible for the content or availability of any of these links.

 

  1. Refund Policy

7.1. Since Shoplocally Marketplace is only a facilitator in introducing the Receiver to the Provider and providing a system to make safe payment, Shoplocally Marketplace does not hold any liability to the Receiver directly and will not personally refund them any payments made in the use of Services.

7.2. Notwithstanding the above clause, if a Receiver is unsatisfied with the services provided by the Provider or believes that they may be entitled to a refund, then Shoplocally Marketplace requires the Receiver to:

(a) contact the Provider directly to request a refund; and

(b) if contacting the Provider is not successful after fourteen (14) days, contact Shoplocally Marketplace through the ‘Contact Us’ section of the Website outlining why you believe you are entitled to a refund so we are able to determine if the Provider should be removed from the Services.

7.3. If contacted by a Receiver who is requesting a refund pursuant to the above clause, the Provider agrees that it will immediately:

(a) complete the Shoplocally Marketplace refund request form (the ‘Request Form’) provided on the Website; and

(b) provide both the Request Form and the email from the Receiver requesting the refund to Shoplocally Marketplace.

7.4. If the Provider agrees to a refund it is acknowledged that the Provider will instruct Shoplocally Marketplace to refund all or part of the payments made to the Receiver directly, less any fees and charges incurred by Shoplocally Marketplace in processing the refund.

7.5. Both the Receiver and Provider agree that they will comply with the Refund Policy contained in this Clause of these Terms.

 

  1. Copyright and Intellectual Property

8.1. The Website, the Services and all of the related products of Shoplocally Marketplace are subject to copyright. The material on the Website is protected by copyright under the laws of New Zealand and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Shoplocally Marketplace or its contributors.

8.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Shoplocally Marketplace, who grants to you a worldwide, nonexclusive, royalty-free, revocable license whilst you are a Member to: Shoplocally Marketplace does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Shoplocally Marketplace.

(a) use the Website pursuant to the Terms;

(b) copy and store the Website and the material contained in the Website in your device’s cache memory; and

(c) print pages from the Website for your own personal and non-commercial use.

8.3. Shoplocally Marketplace retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any: to you.

(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),

8.4. You may not, without the prior written permission of Shoplocally Marketplace and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

8.5. Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Website, then you grant to Shoplocally Marketplace a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.

 

  1. Privacy

Shoplocally Marketplace takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Shoplocally Marketplace’s Privacy Policy, which is available on the Website.

 

  1. General Disclaimer

10.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the New Zealand Consumer Law (or any liability under them) which by law may not be limited or excluded.

10.2. Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(b) Shoplocally Marketplace will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

10.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Shoplocally Marketplace make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Shoplocally Marketplace) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

(c) costs incurred as a result of you using the Website, the Services or any of the products of Shoplocally Marketplace; and

(d) the Services or operation in respect to links which are provided for your convenience.

10.4. You acknowledge that Shoplocally Marketplace Website and the Services are only intended to facilitate the interactions between the Receiver and the Provider and does not offer any services other than the Services and Shoplocally Marketplace holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).

 

  1. Limitation of Liability

11.1. Shoplocally Marketplace’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

11.2. You expressly understand and agree that Shoplocally Marketplace, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

11.3. You acknowledge and agree that Shoplocally Marketplace holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Website.

 

  1. Termination of Contract

12.1. If you want to terminate the Terms, you may do so by providing Shoplocally Marketplace with 14 days’ notice of your intention to terminate by sending notice of your intention to terminate to Shoplocally Marketplace via the ‘Contact Us’ link on our homepage.

12.2. Shoplocally Marketplace may at any time, terminate the Terms with you if:

(a) you have breached any provision of the Terms or intend to breach any provision;

(b) Shoplocally Marketplace is required to do so by law;

(c) Shoplocally Marketplace is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or

(d) the provision of the Services to you by Shoplocally Marketplace is, in the opinion of Shoplocally Marketplace, no longer commercially viable.

12.3. Subject to local applicable laws, Shoplocally Marketplace reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Shoplocally Marketplace’s name or reputation or violates the rights of those of another party.

12.4. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Shoplocally Marketplace have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

 

  1. Indemnity

13.1. You agree to indemnify Shoplocally Marketplace, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;

(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

(c) any breach of the Terms.

 

  1. Dispute Resolution

14.1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

14.2. Notice: A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

14.3. Resolution: On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:

(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

(b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed.

(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing.

14.4. Confidential All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

14.5. Termination of Mediation: If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so. undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation; The mediation will be held in New Zealand.

 

  1. Venue and Jurisdiction

The Services offered by Shoplocally Marketplace is intended to be viewed by residents of New Zealand. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of  New Zealand.

 

  1. Governing Law

The Terms are governed by the laws of  New Zealand. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of  New Zealand, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

 

  1. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

 

  1. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.

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