GENERAL TERMS OF USE
Introduction
These pages state the general terms of use of this site. Insofar as they are applicable, they apply to members, retailers or suppliers and any person (“user”) using this site as a venue to purchase goods and/or services from retailers or suppliers. If you do not accept these terms, do not use this site. By using this site you are indicating your acceptance of these terms. We may revise both general and specific terms at any time by updating and you should visit this site periodically to review both the general and specific terms.
Venue Website
This site provides a venue to introduce users to companies (retailers or suppliers) that advertise goods and/or services for sale on this site. We do not take part in any sale of goods and/or services. We are not party to any contract of sale between a retailer or supplier and a user, nor do we act as an agent. We give no warranty, representation, or undertaking with respect to any goods and/or services listed on this site. We are not responsible for the consequences of any transactions that are entered into by using this site.
No Unreasonable Use
You are not to use this site inappropriately or unreasonably. Without limiting that requirement, you will not engage in “spamming” i.e. the mass distribution by email of newsgroup postings to people who have not requested or given authority for that message to be sent to them, nor will you indulge in “mail bombing” i.e. sending a number of emails to a mailbox to overload it or the system on which it is hosted. Further, you will only use this site for lawful purposes without affecting any other party's use of this site and only as reasonably intended. You will not act in a way or use or attempt to damage, interfere with or introduce anything to this site that in any way compromises the delivery of this site's services or the delivery of any network or system underlying or connected to the services on this site.
Retailers or suppliers have been requested in their terms and conditions to supply material suitable for families. However you agree to take all necessary precautions to ensure that anyone under eighteen years of age does not access any information available via this site that may be unsuitable except with your express permission and then only under your personal control and supervision.
Our Right to Monitor and Provide Information
At our discretion we may monitor your use of this site and restrict access to any content we consider to be inappropriate or in breach of any law or third party right. We may inform Law Enforcement Authorities if we believe that anything unlawful is occurring or has occurred in relation to this site, provide copies of any relevant material to the law enforcement authorities and also give them access to any personal data held by us. We may also refuse to provide any further services to anyone who breaches these terms.
Ownership and status of information
All proprietary and intellectual property rights in this site and material displayed either belongs to us, or we are authorised to use it. Images and text displayed on this site are either our property, the property of our retailers or suppliers, or used with our retailers' or suppliers' permission. Any unauthorised use of the images and text may violate copyright laws, trademark laws, the laws of privacy, publicity, and communications, regulations, and statutes. You should assume that everything you see or read on the site is copyrighted unless otherwise noted, and may not be used, except as provided in these terms, without our written permission. In our sole discretion, we may remove information from the site at any time.
Downloaded information may be used by you in accordance with these terms but it does not become your lawful property. It remains our property or the property of the lawful owner at all times. Such information may only be used by you in accordance with these terms.
While every effort has been taken to ensure the accuracy of information on this site, the contents are subject to review and change from time to time. We make no warranties or representations, express or implied, as to the veracity or accuracy of information contained on this site.
If you submit information to or download information from this site, you warrant in our favour that such information is not in breach of any non-disclosure or confidentiality obligations which you may have to a third party. You also warrant that it is not in breach of any obligations you may have under any statute or regulation, an infringement of the intellectual property or privacy rights of others, or defamatory of any person or group.
Any communication or material other than your Bank account details that you transmit to the site, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by us or our retailers or suppliers for any purposes, including but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this site for any purpose. This includes, but is not limited to, developing, manufacturing and marketing products and services using such information.
Although we may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the site, we are under no obligation to do so and we assume no responsibility or liability arising from the content on any such locations. We also assume no liability for any error, defamation, libel, slander, omission, false statement, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the site. You are prohibited from posting or transmitting any such material that would either constitute a criminal offence or encourage conduct that would be considered to be a criminal offence, or which may give rise to civil liability. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting such information or materials.
Our liability
We operate the site on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.
We make no warranty that:
The site will meet your requirements.
The service will be uninterrupted, timely, secure or error free.
The information that may be obtained from the use of the site will be accurate or reliable.
The quality of any good and/or services obtained by you through the site will meet your expectations.
Any errors in the software will be corrected.
Any information downloaded or otherwise obtained through the use of the site is done at your own discretion and risk. We disclaim any responsibility for damage to your computer system or loss of information that results from the download of any such information.
In no case shall we be liable for any losses suffered by any party, whether direct, indirect, consequential, or in the nature of loss of profits. Should this provision be ruled unenforceable, then our aggregate liability to any party for all claims arising from the use of the information is limited to NZ$100.00.
Indemnity
You warrant in our favour that your use of the site, whether by submitting information to or downloading information from the site, does not in any way contravene the obligations contained in the Privacy Act. You agree to take all necessary measures to comply with your obligations under the Privacy Act.
You agree to indemnify and protect us from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of information you submit to or download from the site, your use of the site, your connection to the site, your violation of these terms, or your violation of any rights of a third party.
Third party sites
This site contains links to third party sites. However, as monitoring the information disseminated and accessible through those third party sites is impracticable, such information cannot be guaranteed to be accurate or up to date. We take no responsibility for it.
Suspension or Termination of Service
We may suspend or restrict your access to this site if you do not meet any responsibility you have to us, whether set out in these terms or otherwise. In addition we may suspend or terminate the operation of this site temporarily if we think it reasonable and necessary for support or maintenance or to update the site, or permanently if we decide to stop providing a particular service.
Consumer Guarantees Act
If you are not acquiring goods and services for the purposes of a business, the Consumer Guarantees Act 1993 may apply to your use of this site. In such case all of your rights under that Act will apply in addition to any other rights you may have under these terms. However if you are requiring goods and services for the purpose of a business, you agree that the Act will not apply.
Publications
Any views or opinions expressed by advertisers or retailers or suppliers to this site are not necessarily our views. While care is taken in the publication of this material, we cannot be held responsible for any such views or opinions.
Jurisdiction
The use of the site and these conditions are governed by the laws of New Zealand. Any legal action arising out of its use shall be brought and enforced under the laws of New Zealand. By using this site, you agree to submit to the jurisdiction of the courts of New Zealand.
TERMS AND CONDITIONS APPLYING TO RETAILERS OR SUPPLIERS
Introduction
In addition to these Terms and Conditions, the “General Terms of Use” insofar as they are applicable, apply to your use of this site.
Venue Website
This site provides a venue to introduce users to companies (retailers or suppliers) that advertise goods and/or services for sale on this site. We do not take part in any sale of goods and/or services. We are not party to any contract of sale between a retailer or supplier and a user, nor do we act as an agent. We give no warranty, representation, or undertaking with respect to any goods and/or services listed on this site. We are not responsible for the consequences of any transactions that are entered into by using this site.
Services
These are the services which we offer you in relation to our venue website;
Our Responsibilities
Provide our services to you with reasonable care, skill and diligence.
Try to keep you informed about the services as we introduce and improve them.
Promote the services to encourage users to use this site.
Your Responsibilities
Pay to us commission/s and/or other fees on the sale of your goods and/or services to users on this site at such rates and at such times as are agreed from time to time between us in writing.
Provide product information from your current product and services range within 21 days of signing this agreement.
Remain qualified and licensed to conduct your business and not violate any third party rights.
Maintain all necessary rights to promote and offer for sale the relevant goods and services through this site.
Provide users with customer warranty and support services at least in accordance with statutory requirements.
From time to time provide us with complete and accurate product information and update when necessary.
Provide all pricing in New Zealand currency including Goods and Services Tax.
Respond promptly to any request we reasonably require of you.
Where agreed, promote our site in such a way as you and us agree will be mutually beneficial. This may include publishing our website logo on your website.
Comply with any guidelines, directions or requests given by us in relation to our site.
Never make inappropriate use of information provided to you by us or other users of this site such as use for unauthorised direct marketing, or otherwise in breach of anyone's legal rights, whether intellectual, contractual or privacy.
Exclude any restricted or regulated product or service from this site.
Where possible, ensure that any material forwarded to us is suitable for family viewing.
Comply with the Fair Trading Act 1986, the Copyright Act 1994, the Defamation Act 1992 and all other applicable laws and any relevant advertising standards of practice.
Security
If you have a password, you agree not to permit any person unrelated to your organisation to use your password or account, nor disclose to any person unrelated to your organisation your password or any other information that may allow them to gain access to your account details. You also agree to change your password immediately if you believe that your account may have been accessed without your authorisation.
Permission
No Interference
Editorial Control
Confidentiality
Termination
Interruption to Services
Withdraw or terminate our services at any time.
We may also suspend or terminate any service under this agreement at any time if you do not meet any responsibility of yours under these terms. Normal charges will continue to apply during any suspension or restriction unless we notify otherwise.
We will act reasonably to ensure that any errors or unintended disruptions will be remedied as soon as possible. You agree that we will not be liable for errors or disruptions, and we will be excused from performing our obligations under these terms to the extent that we are prevented from doing so by circumstances beyond our reasonable control.
Consumer Guarantees Act 1993
Assignment
Indemnity
TERMS AND CONDITIONS APPLYING TO MEMBER ORGANISATIONS
General
These terms apply to any organisations wishing to register for a free FastShop.
The terms and conditions on this site contained in the Sections “General Terms of Use” and “Privacy Policy” bind members insofar as they are applicable.
Member Registration
To become a member, you must apply to register as required. In doing so, you must expressly confirm that you have accepted these terms and any other terms and conditions that apply.
We may in our discretion accept or refuse to accept any application for registration. If we accept your application you will be a member of this site. Membership is non-transferable and you must not have more than one active membership at any time. Without limiting our other rights and remedies, if you breach this, you may be liable for the recovery of any benefits you have obtained as a result of your breach.
Venue Website
This site provides a venue to introduce users to companies (retailers or suppliers) that advertise goods and/or services for sale on this site. We do not take part in any sale of goods and/or services. We are not party to any contract of sale between a retailer or supplier and a user, nor do we act as an agent. We give no warranty, representation, or undertaking with respect to any goods and/or services listed on this site. We are not responsible for the consequences of any transactions that are entered into by using this site.
Security
If you have a password, you agree not to permit any person unrelated to your organisation to use your password or account, nor disclose to any person unrelated to your organisation your password or any other information that may allow them to gain access to your account details. You also agree to change your password immediately if you believe that your account may have been accessed without your authorisation.
Our Right to Monitor and Provide Information
At our discretion, we may monitor your use of this site and restrict access to any content we consider to be inappropriate or in breach of any law or third party right. We may inform Law Enforcement Authorities if we believe that anything unlawful is occurring or has occurred in relation to this site, provide copies of any relevant material to the law enforcement authorities, and also give them access to any personal data held by us. We may also refuse to provide any further services to anyone who breaches these terms.
Ownership and status of information
All proprietary and intellectual property rights in this site and material displayed either belongs to us, or we are authorised to use it. Images and text displayed on this site are either our property, the property of our retailer or supplier/s, or used with our retailer or supplier/s permission. Any unauthorised use of the images and text may violate copyright laws, trademark laws, the laws of privacy, publicity, and communications, regulations, and statutes. You should assume that everything you see or read on the site is copyrighted unless otherwise noted, and may not be used, except as provided in these terms, without our written permission. In our sole discretion, we may remove information from the site at any time.
Downloaded information may be used by you in accordance with these terms but it does not become your lawful property. It remains our property or the property of the lawful owner at all times. Such information may only be used by you in accordance with these terms.
While every effort has been taken to ensure the accuracy of information on this site, the contents are subject to review and change from time to time. We make no warranties or representations, express or implied, as to the veracity or accuracy of information contained on this site.
If you submit information to or download information from this site, you warrant in our favour that such information is not in breach of any non-disclosure or confidentiality obligations which you may have to a third party. You also warrant that it is not in breach of any obligations you may have under any statute or regulation, an infringement of the intellectual property or privacy rights of others, or defamatory of any person or group.
Any communication or material you transmit to the site, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by us or our retailers for any purposes, including but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this site for any purpose. This includes, but is not limited to, developing, manufacturing and marketing products and sources using such information.
Although we may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the site, we are under no obligation to do so and we assume no responsibility or liability arising from the content on any such locations. We also assume no liability for any error, defamation, libel, slander, omission, false statement, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the site. You are prohibited from posting or transmitting any such material that would either constitute a criminal offence or encourage conduct that would be considered to be a criminal offence, or which may give rise to civil liability. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting such information or materials.
Our liability
We operate the site on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.
We make no warranty that:
Any information downloaded or otherwise obtained through the use of the site is done at your own discretion and risk. We disclaim any responsibility for damage to your computer system or loss of information that results from the download of any such information.
In no case shall we be liable for any losses suffered by any party, whether direct, indirect, consequential, or in the nature of loss of profits. Should this provision be ruled unenforceable, then our aggregate liability to any party for all claims arising from the use of the information is limited to NZ$100.00.
Indemnity
You warrant in our favour that your use of the site, whether by submitting information to or downloading information from the site, does not in any way contravene the obligations contained in the Privacy Act. You agree to take all necessary measures to comply with your obligations under the Privacy Act.
You agree to indemnify and protect us from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of information you submit to or download from the site, your use of the site, your connection to the site, your violation of these terms, or your violation of any rights of a third party.
Apart from creating a link from your website to our site, you must not otherwise create links from external sites to this site without our prior written permission.
Third party sites
This site contains links to third party sites. However, as monitoring the information disseminated and accessible through those third party sites is impracticable, such information cannot be guaranteed to be accurate or up to date. We take no responsibility for it.
Suspension or Termination of Service
We may suspend or restrict your access to this site if you do not meet any responsibility you have to us, whether set out in these terms or otherwise. In addition we may suspend or terminate the operation of this site temporarily if we think it reasonable and necessary for support or maintenance or to update the site, or permanently if we decide to stop providing a particular service.
Consumer Guarantees Act
If you are not acquiring goods and services for the purposes of a business, the Consumer Guarantees Act 1993 may apply to your use of this site. In such case all of your rights under that Act will apply in addition to any other rights you may have under these terms. However if you are requiring goods and services for the purpose of a business, you agree that the Act will not apply.
Publications
Any views or opinions expressed by advertisers or retailers or suppliers to this site are not necessarily our views. While care is taken in the publication of this material, we cannot be held responsible for any such views or opinions.
Jurisdiction
The use of the site and these conditions are governed by the laws of New Zealand. Any legal action arising out of its use shall be brought and enforced under the laws of New Zealand. By using this site, you agree to submit to the jurisdiction of the courts of New Zealand.