|www.mbt.nz Members Agreement.|
|THE FOLLOWING SETS FORTH THE EXCLUSIVE TERMS AND CONDITIONS ON WHICH mbt.nz OFFERS YOU ACCESS TO OUR SERVICES ("AGREEMENT"). ANY USE OF OUR WEB SITE BY YOU MEANS THAT YOU HAVE UNDERSTOOD AND ACCEPTED THESE TERMS AND CONDITIONS. Motorbike Tour NZ is a New Zealand based web site all advertising must be in New Zealand Dollars (see 5.9 below).|
|We may amend this Agreement at any time without notice or consideration by posting the amended terms on our web site. All amended terms shall automatically be effective on the date they are initially posted on our web site. This Agreement may not be otherwise amended by waiver, course of dealings or otherwise. "Auction" may be replaced by "Classified Ad" when applicable.|
|Our services are available only to individuals who can form legally binding contracts under applicable law in their jurisdiction. Our services are not available to minors or those who are legally incompetent to enter into contracts. Only one membership per person and email address is allowed. If you do not qualify, please do not use our services. Further, our services are not available to temporarily or indefinitely suspended mbt.nz members, which we may do in our sole discretion at any time without notice or consideration. mbt.nz reserves the right to select the persons that may use its web site and may deny access in mbt.nz's sole discretion.|
|2.||Fees and Services|
|2.1 We may, in our sole discretion, change or cease
some or all of our services at any time. In the event we introduce a new
service, the fees for that service are effective at the launch of the
service. Unless otherwise stated, all fees are quoted in N.Z. Dollars.
You are responsible for paying all fees associated with using our
service and our web site and all applicable taxes.
2.2 Funds in a Motorbike Tour NZ account can only be used for Motorbike Tour NZ services or for purchasing from members accepting Motorbike Tour NZ Dollars. No funds will be refunded in cash.
|3.||mbt.nz buy n sell and forum.|
|3.1 Overview. Our buy n sell section acts
solely as a venue for sellers to list items (or, as appropriate, solicit
offers to buy) and buyers to bid on items. We are not involved in the
actual transaction between buyers and sellers and are not responsible
for anything that a seller or buyer may do. As a result, we have no
control over the quality, safety or legality of the items advertised,
the truth or accuracy of the listings, the ability of sellers to sell
items or the ability of buyers to buy items or anything else relating to
the foregoing. We cannot ensure that a buyer or seller will
actually complete a transaction. At no time does mbt.nz control or
take title to any item or inventory offered for auction on the web site.
3.2 Safe Trading. Because user authentication on the Internet is difficult, mbt.nz cannot and does not confirm each user's purported identity. Thus, we have established a forum to help you evaluate with whom you are dealing and feedback on your dealings with that person.
3.3 Release. Because we are not involved in or responsible for the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, as a condition of the use of our web site, you agree to and hereby release, indemnify and hold harmless mbt.nz (and our officers, directors, agents, subsidiaries, affiliates and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
3.4 Information Control.We do not control the information provided by other users which is made available through our system.You may find other user's information to be offensive, defamatory, harmful, inaccurate, inappropriate or deceptive. Please use caution, common sense, and practice safe trading when using our web site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense.
|4.||Bidding and Buying|
|If you are the highest bidder, or last bidder in case of reward auction, at the end of an auction (meeting the applicable minimum bid or reserve requirements) and your bid is accepted by the seller, you are obligated to complete the transaction with the seller, unless the transaction is prohibited by law or by this Agreement. By bidding on an item you agree to be bound by the conditions of sale included in the item's description (or linked to from the description) so long as those conditions of sale are not in violation of this Agreement or unlawful. Bids are not retractable except in exceptional circumstances such as when the seller materially changes the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity. Listing description must include delivery and payment options for the buyer, if no delivery and payment options listed default is; delivery- by well known courior service, arranged and paid for by seller, payment- to be cash deposited into sellers bank account on notice from seller.|
|5.||Listing and Selling|
5.1 Listing Description. Listings
may only include text descriptions, graphics and pictures you supply to
our web site (or that you link to from our web site) that describe your
item for sale (or as appropriate, for which are soliciting offers to
buy). Listing description must include delivery and payment options for
the buyer, if no delivery and payment options listed default is;
delivery- by well known courior service, arranged and paid for by
seller, payment- to be cash deposited into sellers bank account on
notice from seller unless otherwise stated in ad. All listed items must be listed in an appropriate category.
All wanted ads must be run as a classified. mbt.nz reserves the right to
delete an auction, in whole or in part, if in its judgement the auction
violates this agreement or the mbt.nz.
5.3 Fraudulent or Deceptive Practices. Without limiting any other remedies, mbt.nz may suspend or terminate your account if mbt.nz has reason to believe that you have engaged in any fraudulent or deceptive activity in connection with our web site. You agree to indemnify and hold us harmless from any such activities.
5.4 Manipulation. Neither bidders nor sellers may manipulate the price of any item nor may you interfere with other user's listings or auctions.
5.5 You will NOT place multiple entries for a single item. This includes not placing multiple entries in different categories for the same item.
5.6 You will NOT use Motorbike Tour NZ to sell services that are of a speculative nature. This includes pyramid schemes, surf-for-free schemes, or affiliate programs.
5.7 You shall not manipulate prices through ghost-bidding or assuming multiple roles in a single transaction. You will act only as a buyer or a seller for any given listing.
5.8 Sale of films, videos, DVD's, VCD's and Laser Disks
The sale of films, videos, DVD's, VCD's and Laser Disks is covered by the Films, Videos and Publications Classification Act 1993. It is an offence to sell any of these goods if they have not been examined and classified by the appropriate agencies. This offence carries a maximum penalty of a $3,000 per publication. If any publication was sold, and deemed to be objectionable, the maximum penalty consists of 1 years imprisonment or a fine of $20,000, per publication.
5.9 Goods and Services Tax (GST)
GST and other tax obligations are the responsibility of the seller to collect from the buyer. All prices stated are GST inclusive and in New Zealand dollars unless otherwise stated.
5.10 In Trade
If you’re selling items in trade, the law requires that you disclose this to members when you’re selling items on Motorbike Tour NZ. If you don’t, the Commerce Commission can fine you. For examples and more information, check out the Commerce Commission guidelines on working out whether you may be in trade.
|"Your Information" is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area (including the chat or forum areas) or through any e-mail feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. With respect to Your Information:|
6.1 You agree that Your Information
(or any items listed therein) and your actions in connection with our
web site: (a) shall not be false, inaccurate or misleading; (b) shall
not be fraudulent or involve the sale of counterfeit or stolen items;
(c) shall not infringe any third party's copyright, patent, trademark,
trade secret or other proprietary rights or rights of publicity or
privacy; (d) shall not violate any law, statute, ordinance or regulation
(including without limitation those governing export control, consumer
protection, unfair competition, anti-discrimination or false
advertising); (e) shall not be deflamatory, libelous, threatening or
harassing; (f) shall not be obscene or contain child pornography or, if
otherwise adult in nature or harmful to minors, shall be posted only in
the Adults Only section and shall be distributed only to people legally
permitted to receive such content; (g) shall not contain any viruses,
Trojan horses, worms, time bombs, cancelbots or other computer
programming routines that are intended to damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system,
data or personal information; (h) shall not create liability for us or
cause us to lose (in whole or in part) the services of our ISPs or other
suppliers; (i) shall not undermine the integrity of the mbt.nz forum; and (j) shall not link directly or indirectly to or include
descriptions of goods or services that: (aa) are prohibited under this
Agreement; (bb) are identical to other items you have up for auction but
are priced lower than your item's reserve or minimum bid amount; or (cc)
you do not have a right to link to or include. Furthermore, you may not
list any item on our web site (or consummate any transaction that was
initiated using our service) that, by paying to us a listing fee or the
selling fee, could cause us to violate any applicable law, statute,
ordinance or regulation, or that violates our current Prohibited Items
|7.||Access and Interference.|
|Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the mbt.nz web site or any auction being conducted on our web site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our web site is updated on a real time basis and is proprietary or is licensed to mbt.nz by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our web site without the prior expressed written permission of mbt.nz or the appropriate third party.|
|8.||Restriction of Participation.|
|Without limiting other remedies, in our sole discrestion and without notice or consideration, we may issue in our sole discretion and without a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you.|
|9.1The information you supply to Motorbike Tour NZ when registering will
never be, sold, rented, given to any third party in any way or form.
9.2Receiving Motorbike Tour NZ News is part of your Motorbike Tour NZ registration. If your email address bounces your registration will be deleted.
|WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.|
|IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING OUR NEGLIGENCE).|
|You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, costs and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of any provisions of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.|
|You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.|
|You and mbt.nz are independent contractors, and no agency, partnership, joint venture, employee employer or franchiser franchisee relationship is intended or created by this Agreement.|
|Except as explicitly stated otherwise, any notices shall be given by postal mail to mbt.nz. PO Box 117, Kaeo, New Zealand or to the e-mail address you provide to mbt.nz during the registration process (in your case). Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you notice by depositing same in the New Zealand mail, postage prepaid to the address provided to mbt.nz during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.|
||This Agreement shall be governed in all respects by the laws of New Zealand as such laws are applied to agreements entered into and to be performed entirely within New Zealand between New Zealand residents. The exclusive venue for legal proceedings shall be within the courts of Whangarei, New Zealand to which all parties hereby irrevocably consent. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our web site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.|