Terms and Conditions
Welcome to Catchakiwi.nz, New Zealand's own web based platform that nurtures home based business as they make their products and services available to their broader community by giving people access to the skills and support to succeed. These terms and conditions are intended to help keep catchakiwi.nz a safe place to trade.
1.1 Acceptance of terms and conditions: The terms and conditions are the terms on which catchakiwi.nz Limited offers you access to the Services and the Website. By registering as a member of catchakiwi.nz you are deemed to acknowledge that you have read and accepted these terms. If you do not accept these terms and conditions, you must refrain from using these Catchakiwi web services.
1.2 Amendment of terms and conditions: These terms and conditions may be amended in whole or in part by catchakiwi.nz 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 and that you have familiarised yourself with these terms and conditions.
These terms and conditions were last updated 19/04/12
1.3 Terminology: In these terms and conditions, the following expressions have the meanings set out:
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:
- as to the content, safety, description, worthiness, quality, or legality of the services or Member Services that are listed on the Website;
- as to the accuracy or truth of listings;
- that any Member Service listed in the Services Category, will meet your requirements or expectations and in fact be provided; or
- about the ability of members to complete a transaction or service
2.3 Disclaimer: You expressly understand and agree that:
- 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, Catchakiwi 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;
- where Member Services are offered on the website, Catchakiwi disclaims and excludes liability for any guarantees that a Member Service will be carried out with reasonable care and skill, fitness for a particular purpose, time of completion or price for the provision of a Member Service;
- Catchakiwi 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;
- no advice or information that is obtained by you from Catchakiwi or anyone else shall create any warranty by Catchakiwi that is not expressly stated in the terms and conditions; and
- 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 Catchakiwi’s recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
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:
- not to permit any other person to use your user name or membership; and
- 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.
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 GENERAL RULES
- All listings or communications made through Catchakiwi shall be made in good faith.
- 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.
- You may not use a robot, spider, scraper or other unauthorised automated means to access the Website or information featured on it for any purpose.
- You shall not list your email address, phone number or any other contact detail within the description of listings, listing comments and/or questions, in your member profile, or in the catchakiwi.nz message boards.
- You may enter your appropriate contact details in the relevant contact detail fields of those listing categories which specifically provide for those details
- Catchakiwi memberships are not transferable and therefore can not be sold, leased, lent or traded.
4.2 Your obligations as a Service Provider
- Service providers must be located in New Zealand.
- You will only enter listings that are accurate, current, complete, and include all relevant information about the terms of the service. You must list a service item in one category only which must be the most appropriate category for your service.
- You will only place listings for services that you provide. You will not list services that you are not legally entitled to provide. 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 to complete the transaction, or violates any law. You are responsible for ensuring that any listing by you does not breach this cause
- 4.2(e). You agree that Catchakiwi 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(e) at any time.
- You must not use the Services or the Website to sell services that are of a speculative nature including, but not limited to, pyramid, surf-for-free, or similar schemes.
- Listings are not pre-screened for content. Catchakiwi reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions.
4.3 Your obligations as a Service Seeker
- You must be located in New Zealand to use Catchakiwi. People outside of New Zealand are not permitted to purchase services on catchakiwi.nz.
- Feedback you provide on other members must not contain offensive, defamatory or inappropriate language. Catchakiwi reserves the sole right to determine what is considered offensive, defamatory or inappropriate language.
- You may only give member feedback that relates to a specific transaction. You must not post feedback on a transaction that does not relate to that specific transaction.
- You must not post feedback about yourself or include any contact details or personal information in your feedback.
- Feedback is provided for the sole purpose of facilitating interaction between members on the Catchakiwi Website. You must not market or export any feedback to any venue other than the Catchakiwi Website. Linking to your Catchakiwi feedback from other buying and selling websites will be considered a breach of our terms and conditions.
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.
- You may not without our prior written permission, in any form or by any means:
- Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
- Commercialise, copy, or on-sell any information, or services obtained from any part of this Website.
- Catchakiwi is a registered Trade Mark and is used with the permission of Catchakiwi Ltd.
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:
- your registration details; and
- information relating to your use of the Website and the content you access.
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.
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 Catchakiwi Limited, our members, or others. Government agencies with statutory roles enabling them to request information from us include but are not restricted to the Police, Inland Revenue Department and Ministry Of Economic Development. You may contact Catchakiwi to ask whether information has been provided to government agencies.
If you intend to take Disputes Tribunal proceedings against another member and you require that member's contact details in order to take such proceedings, Catchakiwi will release those details to you if you make a Statutory Declaration stating that you require that member's contact details for the sole purpose of taking Disputes Tribunal proceedings. You may obtain a Statutory Declaration for this purpose by contacting Catchakiwi or the Disputes Tribunal.