2. SPECIFIC WARNINGS‘Catchakiwi’ means all Catchakiwi domains and websites‘member' means a registered member of catchakiwi.nz;'service seeker’ is a registered Catchakiwi member seeking a service‘service provider’ is a registered Catchakiwi member who is advertising a service‘transaction’ is any form of interaction between service seeker and service provider whether for consideration or not'Member Service(s)' means a service that has been advertised by a catchakiwi.nz member in the Services Category;'Services' means any provision or supply of assistance to satisfy a need of a member and in particular means also one or more of the services offered by Catchakiwi from time to time, including classifieds, message boards, sms alerts and any other service that Catchakiwi may offer;'Services Category' means the category on the catchakiwi.nz homepage where members can list services;'we', 'us' and 'our' are a reference to Catchakiwi Limited;'you' and 'your' are a reference to you;‘message boards’ are any services providing members the ability to comment or post messages'Website' means any Catchakiwi website through which the services are offered;'Listing' means a listing on the Website through which you offer, negotiate or advertise any item or service.'Free Listing' means a Business Listing by a member who has a start-up home-based business which has been in business for under 1 year.
2.1 The services: catchakiwi.nz provides a venue to introduce members who want to advertise and seek services. Catchakiwi does not take any part in the sale of services other than by providing our Website as a venue for members. Catchakiwi does not act as agent for either party and does not participate in any transaction between you and other members.
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 Catchakiwi 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. Catchakiwi gives no undertakings, representations, or warranties in relation to services sold or listed on the Website, or Member Services advertised or offered through the Services Category including:
2.3 Disclaimer: You expressly understand and agree that:
2.4 Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Catchakiwi 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. Catchakiwi’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.
2.5 Indemnity: You agree to release, indemnify and keep indemnified us 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 Catchakiwi'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 Catchakiwi, Catchakiwi may limit your activities on the Website, remove postings 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 Catchakiwi considers it appropriate.
2.7 Additional rules: In addition to the terms and conditions set out in this document, the Privacy Statement form part of these terms and conditions
3. BECOMING A MEMBER
3.1 Becoming a Member: Becoming a member is free. You may only register as a member if you can form a legally binding contract that is enforceable against you. For example, you must be 16 years old and agree to enter into a contract of service as provided under s5(1) of the Minors Contracts Act 1969. By registering as a member, you warrant that you can form a legally binding contract and have the ability to provide or pay for the services provided as the case may be.
3.2 Accurate Information: You warrant that you have provided complete, accurate and current personal information including a passport type photo, which should clearly indentify you, when registering as a member. You must maintain and update your personal information held by Catchakiwi to ensure it is kept current at all times. Catchakiwi 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).
3.3 Termination of membership: Catchakiwi reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, Catchakiwi 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. Without limiting the foregoing, you agree:
3.5 Emails and newsletters: Catchakiwi will send you emails relating to your membership, transactions and other activities on the Website, and for promoting and marketing other Catchakiwi products and services to you. Catchakiwi may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.
4.2 Your obligations as a Service Provider
4.3 Your obligations as a Service Seeker
5.1 System Integrity: Catchakiwi will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, Catchakiwi takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, Catchakiwi assumes no responsibility for the corruption of any data or information held by Catchakiwi.
5.2 Resolution of disputes: As Catchakiwi is not a party to any transaction between you and another member, you agree not to involve, or attempt to involve, Catchakiwi in any dispute or in the resolution of disputes that arise between you and another member as a result of the Services provided.
5.3 Catchakiwi Message Boards: Catchakiwi provides Message Boards for the use of Catchakiwi members. The Message Boards may not be used to promote services, websites or any commercial or business activity. Catchakiwi is not responsible for any of the opinions expressed in the Message Boards. By posting a message to the message board you agree to take full legal responsibility and liability for your comments, including for offensive or defamatory statements.
5.4 Force Majeure: Without prejudice to clause 2.3(a), catchakiwi.nz has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of Catchakiwi to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Catchakiwi.
5.5 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.
5.6 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.
5.7 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.
5.8 Intellectual Property Rights: Catchakiwi (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.
5.9 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.
5.10 Privacy: Catchakiwi collects personal information about you through your use of the Services and the Website, including:
agree that Catchakiwi may use this personal information to assist us
to provide the Services to you, for internal research purposes, to
verify your identity, to enforce or apply our terms and conditions,
to protect the rights, property, or safety of Catchakiwi Limited, our
members, or others, for promoting and marketing other Catchakiwi
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.
Notice Board:Post public messages, items for sale or wanted, announce your events!
Business Listings:Share your business or services you offer.
Forum:Open for discussion anytime!
Articles:Share and browse written articles with community members