ADSCAPE'S TERMS AND CONDITIONS
Welcome to Adscape Ltd, New Zealand’s independent advertising directory and marketplace. These Terms and Conditions are intended to keep Adscape a safe place for members to interact.
Last updated 16 May 2009.
Acceptance of Adscape Ltd’s Terms and Conditions: The Terms and Conditions are the terms on which Adscape Ltd offers you access to the Services and the Website. By registering as a member of Adscape you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Services.
Amendment of Adscape Ltd’s Terms and Conditions: These Terms and Conditions may be amended in whole or in part by Adscape Ltd 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 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.
Terminology Used: In these Terms and Conditions, the following expressions have the meanings set out:
‘Member’ means a registered member of Adscape Ltd;
‘Services’ means any one or more of the services offered by Adscape Ltd from time to time, including online selling, classifieds, forums and any other service that Adscape Ltd may offer;
‘We’, ‘us’ and ‘our’ are a reference to Adscape Ltd;
‘You’ and ‘your’ are a reference to you;
‘Website’ means any Adscape Ltd website through which the services are offered;
‘Listing’ means a listing on the Website through which you contact the owner, buy special offers, sell or advertise any special offers, related services and products or service, whether by ‘buy now’ or classified;
‘Listers/sellers’ includes any person placing a listing and or special offers.
ADSCAPE's LTD’S WARNINGS
The services: Adscape Ltd provides a venue for businesses, marketers, media owners, media services, and sponsorship seekers to meet and carry out transactions. Adscape Ltd does not take any part in the sale of advertising opportunities, related services, special offers, and products other than by providing our Website as a venue for members. If a ‘buy now’ 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 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 Adscape Ltd 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. Adscape Ltd gives no undertakings, representations, or warranties in relation to advertising opportunities, related services, special offers, and products sold or listed on the Website, including:
1. About ownership of any advertising opportunities, related services, special offers, and products;
2. As to the content, safety, description, worthiness, quality, or legality of the advertising opportunities, related services, special offers, and products that are listed on the Website;
3. As to the accuracy or truth of listings;
4. That any advertising opportunities, related services, special offers, and products will meet your requirements or expectations; or
5. About the ability of members to complete a transaction, including credit card transactions.
Disclaimer: You expressly understand and agree that:
1. 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, Adscape Ltd 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;
2. Adscape Ltd 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 Website is error-free or reliable;
3. no advice or information that is obtained by you from Adscape Ltd or anyone else shall create any warranty by Adscape Ltd that is not expressly stated in the terms and conditions; and
4. 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 Adscape Ltd’s recommendation or endorsement of the advertised product/opportunity or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
5. while Adscape Ltd has systems in place to reduce the risk of credit card fraud, Adscape Ltd is not responsible for protecting members from credit card fraud. Adscape Ltd’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.
Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Adscape Ltd 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. Adscape Ltd’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 Adscape Ltd 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 Adscape Ltd’s forums, your sale or attempted sale of an advertising opportunities, related services, special offers, and products prohibited under clause 4.2(d), or arising out of any content or advertising opportunities, related services, special offers, and products you submit, post, transmit, or make available through the Services.
Breach: Without limiting any other rights and remedies available to Adscape Ltd, Adscape Ltd may limit your activities on the Website, remove your listings, warn other members of your actions and listings, 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 Adscape Ltd considers it appropriate.
Additional rules: In addition to the Terms and Conditions set out in this document, the Banned and Restricted Advertising opportunities, related services, special offers, and products, Listing Policies form part of these terms and conditions.
BECOMING AN ADSCAPE MEMBER
Signing up as a Member: Becoming an Adscape is member is 100% free. You may only register as a member if you are resident in New Zealand or Australia and 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.
Providing Accurate Information: 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 Adscape to ensure it is kept current at all times. Adscape may phone or mail you to verify these details. You must not register as a member under multiple identities or personas (whether false or not). However, at Adscape Ltd’s discretion, you may create a business membership in addition to your personal membership.
Membership Cancellation: Adscape Ltd reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, Adscape Ltd 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 behavior to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled.
Security of Log In Details: You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:
1. not to permit any other person to use your user name or membership; and
2. not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow them to gain access to your membership.
Notification via Email: Adscape Ltd will send you emails relating to your membership, transactions and other activities on the Website, and for promoting and marketing other Adscape Ltd products and services to you. Adscape Ltd may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.
General Rules
1. All listings, purchases or communications made through Adscape shall be made in good faith.
2. You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so.
3. You may not use a robot, spider, scraper or other automated means to access the Website or information featured on it for any purpose.
4. Not withstanding 4.1d above, you may enter your appropriate contact details in the relevant contact detail fields of those listing categories which specifically provide for those details, i.e. Motors, Property, Jobs and classifieds.
5. You must list auctions and classifieds in New Zealand dollars and include GST in the price. All tax obligations are the responsibility of the seller and/or the buyer (as the parties determine).
6. You must not complete a transaction outside of the Adscape Ltd process or otherwise seek to avoid Adscape Ltd’s success fees if listed as a ‘buy now’. Attempts by you to avoid fees, including through multiple memberships, or otherwise, may result in Adscape Ltd suspending or terminating your membership at the discretion of Adscape Ltd
7. You are responsible for any actions taken through your membership. Adscape Ltd memberships are not transferable and therefore can not be sold, leased, lent or traded.
Lister/Sellers Obligation
1. Listers/Sellers must be located in New Zealand or Australia. Listers/Sellers outside of these countries are not permitted to sell on Adscape Ltd . Australian Listers/Sellers must accept payment to a domestic New Zealand bank account as one of their available payment options. Listers/Sellers should not send advertising related products to an address that is outside New Zealand and Australia.
2. You will only enter listings that are accurate, current, complete, and include all relevant information about the terms of sale, payment terms, shipping methods and who bears the cost of shipment. Your main listing must be in one category only which must be the most appropriate category for your advertising opportunities, related services, special offers, and products.
3. You will only place listings for advertising opportunities, related services, special offers, and products that exist. You will not list advertising opportunities, related services, special offers, and products that you are not legally entitled to sell/provide or that are not in your possession.
4. You must not list anything that is illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or unsafe, anything which infringes copyright or other intellectual property rights, advertising opportunities, related services, special offers, and products which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any advertising opportunities, related services, special offers, and products 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(d). You agree that Adscape Ltd 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(d) at any time.
5. When you list an advertising opportunities, related services, special offers, and products for ‘buy now’ on Adscape Ltd , you should do so with the intention of selling this advertising opportunities, related services, special offers, and products through the site. Therefore you should not advertise your advertising opportunities, related services, special offers, and products through another website.
6. You must not use the Services or the Website to sell advertising opportunities, related services, special offers, and products that are of a speculative nature including, but not limited to, pyramid, surf-for-free, or similar schemes.
7. For normal listings and special offers, you may choose to sell to any buyer at your discretion.
8. Listings are not pre-screened for content. Adscape Ltd reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions.
9. If a product is sold, you must promptly forward the product to the successful buyer on completion of the transaction.
10. You must state any additional costs on the listing which the buyer will incur to obtain the full benefits of the advertising opportunity/related service provided.
Purchasers Obligations
1. You must be located in New Zealand or Australia to buy on Adscape Ltd . People outside of these countries are not permitted to purchase advertising opportunities, related services, special offers, and products on Adscape Ltd .
2. If you are notified that your buy now has been successful, you must complete the transaction in the manner specified. By making a buy now, you warrant and represent that you have the legal right to enter into and complete the transaction.
3. You must make full and prompt payment for any advertising opportunities, related services, special offers, and products you buy.
4. You agree to your username and the amount of your bid being publicly shown on the Adscape Ltd Website. You also agree to your email address being supplied to the seller when you win an auction.
5. If your buy now is successful and you do not pay for the advertising opportunities, related services, special offers, and products, you will receive a warning from Adscape Ltd if the seller complains about you. After 3 such complaints, Adscape Ltd may suspend or terminate your membership.
Adscape LTD FEES
1. Adscape Ltd charges fees for the use of the Website as a venue.
2. Adscape Ltd ’s current fees are listed on the Add Listing Page available when you log in.
3. Any credit purchased is not refundable. Adscape Ltd may (at our sole discretion) refund a commission or success fee charged on completed auctions if the sale is not successfully completed, provided that a member contacts Adscape Ltd support. Adscape Ltd will only issue refunds in the form of credit to the Adscape Ltd account of the member. Cash refunds will not be issued. Credits on accounts with Adscape Ltd are not transferable between members.
4. Adscape Ltd 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.
5. If you are a New Zealand resident, then all fees are inclusive of GST and in New Zealand dollars unless otherwise stated. If you are not a New Zealand resident, then all fees are, unless otherwise stated, in New Zealand dollars and do not include GST. Unless otherwise stated in these terms and conditions, no interest or other financial charges will be applied to Adscape Ltd account balances.
6. Adscape Ltd reserves the right to investigate queries regarding the refund of success fees with listers/sellers and any other relevant parties.
7. Before listing an advertising opportunities, related services, special offers, and products, you should review Adscape Ltd ’s fees to ensure you are aware of the fees that you will incur.
8. You must pay the fees immediately upon demand by Adscape Ltd .
Adscape LTD CREDIT ACCOUNTS
1. Adscape Ltd maintains credit accounts for each member and from which members must pay fees including success fees. Adscape Ltd accounts may not be used for the payment of advertising opportunities, related services, special offers, and products sold using the Services.
2. You must settle any negative account balance immediately. Adscape Ltd reserves the right to take action against you to recover outstanding debts. You are liable for all expenses (including legal fees) that Adscape Ltd incurs when collecting that debt.
3. If your membership is terminated Adscape Ltd will refund the balance of your credit account, less a $10 manual processing fee that is payable to Adscape Ltd . Consequently, no refund will be made if the account balance is below $10.
4. If your membership is removed due to breach of our terms and conditions it is at our discretion whether you are eligible for a refund. Promotional giveaways of Adscape Ltd credits, bonus credits, or any free credits gifted to the member on registration will not be refunded.
5. If you have not logged on to the Website for a period of 24 months (two years), any unused balance on your account is forfeited to Adscape Ltd and your membership will be suspended.
GENERAL PROVISIONS
1. System Integrity: Adscape Ltd will use its reasonable endeavors to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, Adscape Ltd takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, Adscape Ltd assumes no responsibility for the corruption of any data or information held by Adscape Ltd .
2. Resolution of disputes: As Adscape Ltd is not a party to any sale or transaction between you and another member, you agree not to involve, or attempt to involve, Adscape Ltd in any dispute or in the resolution of disputes that arise between you and another member as a result of the Services provided, other than as provided in clause 4.3 (2).
3. Force Majeure: Without prejudice to clause 2.3(a), Adscape Ltd has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of Adscape Ltd to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Adscape Ltd .
4. 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.
5. 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.
6. 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.
7. Intellectual Property Rights: Adscape Ltd (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the Website.
8. You may not without our prior written permission, in any form or by any means:
9. Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
10. Commercialise, copy, or on-sell any information, or advertising opportunities, related services, special offers, and products obtained from any part of this Website.
11. 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.
12. Privacy: Adscape Ltd collects personal information about you through your use of the Services and the Website, including:
13. your registration details; and
14. information relating to your use of the Website and the content you access.
15. You agree that Adscape Ltd 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 Adscape Ltd products and services to you, and for any other use that you authorise. You agree to your membership’s trading history being published in your feedback.
16. We will not sell or allow third parties to access your personal information without your consent. We release account and other personal information only when we believe release is appropriate to comply with law; facilitate court proceedings; enforce or apply our terms and conditions; or protect the rights, property, or safety of Adscape Ltd , our users, or others. Please review our privacy policy.