Terms and conditions:

 

Welcome to Swaportunity, New Zealand's dedicated swap site. These terms and conditions are intended to assist keep Swaportunity a safe place.

 

1.1 Acceptance of terms and conditions:
The terms and conditions are the terms on which Swaportunity offers you access to the Services and the Website. By registering as a member of Swaportunity you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Services.

 

1.2 Amendment of terms and conditions:
These terms and conditions may be amended in whole or in part by Swaportunity 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.

 

1.3 Terminology:
In these terms and conditions, the following expressions have the meanings set out:
'member' means a registered member of Swaportunity;
'Services' means any one or more of the services offered by Swaportunity;
'we', 'us' and 'our' are a reference to Swaportunity;
'you' and 'your' are a reference to you;
'Website' means any Swaportunity website through which the services are offered;
'listing' means a listing on the Website through which you offer, sell or advertise any item;
'seller' includes any person placing a listing.

 

Specific warnings:

 

2.1 The services:
Swaportunity provides a venue to introduce members who want to buy, sell and swap items. Swaportunity does not take any part in the sale or swapping of items other than by providing our Website as a venue for members. We do not act as agent for either party and do not participate in any sale or 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 Swaportunity 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. Swaportunity gives no undertakings, representations, or warranties in relation to items swapped, sold or listed on the Website, including:

 

As to the ownership of any item;

as to the content, safety, description, worthiness, quality, or legality of the items that are listed on the Website;

as to the accuracy or truth of listings;

that any item will meet your requirements or expectations; or

about the ability of members to complete a transaction.

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, Swaportunity 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;

 

Swaportunity does not warrant that i) the services provided will be uninterrupted, timely, secure, or error free, or ii) that any information provided on the Website is error-free or reliable;

 

no advice or information that is obtained by you from Swaportunity or anyone else shall create any warranty by Swaportunity 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 Swaportunity’s recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.

 

Swaportunity is in no way involved in the transaction itself, and responsibility for any refund rests with the seller.

 

2.4 Liability:
You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Swaportunity 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. Swaportunity'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.

 

2.6 Breach:
Without limiting any other rights and remedies available to Swaportunity, Swaportunity may limit your activities on the Website, remove your 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 Swaportunity considers it appropriate.

 

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 18 years old. By registering as a member, you warrant that you can form a legally binding contract.

 

3.2 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 Swaportunity to ensure it is kept current at all times. Swaportunity may 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:
Swaportunity reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, Swaportunity 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:
Swaportunity will send you emails relating to your membership, transactions and other activities on the Website, and for promoting and marketing other Swaportunity products and services to you. Swaportunity 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:

 

4.1 General
All listings or communications made through Swaportunity 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 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.

 

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.

 

You must list 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).

 

Contracts for the sale of land must be in writing to be legally enforceable.

 

You must not use the Services or the Website to promote items for sale outside the Services.

 

You are responsible for any actions taken through your membership. Swaportunity memberships are not transferable and therefore can not be sold, leased, lent or traded.

 

4.2 Your obligations as a seller
You will only enter listings that are accurate, current, complete, and include all relevant information about the terms of swap or sale. You must list an item in one category only which must be the most appropriate category for your item.

 

You will only place listings for items that exist and are to be swapped or sold.

 

You will not list items that you are not legally entitled to swap or sell or that are not in your possession.

 

You will not swap or sell or offer services. In the case of automobiles that are offshore or in transit to New Zealand you must be a registered motor vehicle trader and hold clear authority to swap or sell such vehicles before being able to list them.

 

You must also clearly indicate that such vehicles are offshore or in transit in the listing. Any land listed for swap or sale must be in New Zealand.

 

When you list an item for swap on Swaportunity, you should do so with the intention of swapping or selling this item through the site. Therefore you should not advertise your item through another forum.

 

Your listing may only contain a URL for a website that contains further information on the item you have listed.

This website must not offer any items for sale, or contain contact details

 

For classifieds, you may choose to swap or sell to any buyer at your discretion.

 

Listings are not pre-screened for content. Swaportunity reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions.

 

General provisions:

 

5.1 System Integrity:
Swaportunity will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, Swaportunity takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, Swaportunity assumes no responsibility for the corruption of any data or information held by Swaportunity.

 

5.2 Resolution of disputes:
As Swaportunity is not a party to any sale or transaction between you and another member, you agree not to involve, or attempt to involve, Swaportunity 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).

 

5.3 Force Majeure:
Without prejudice to clause 2.3(a), Swaportunity has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of Swaportunity to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Swaportunity.

 

5.4 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.

 

5.5 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.

 

5.6 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.

 

5.7 Intellectual Property Rights:
Swaportunity (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 items obtained from any part of this Website.

 

5.8 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.

 

5.9 Privacy:
Swaportunity collects personal information about you through your use of the Services and the Website, including:

your registration details;

 

You agree that Swaportunity 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 Swaportunity products and Services to you, and for any other use that you authorise.

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 Swaportunity, our users, 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 Swaportunity 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, Swaportunity 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 Swaportunity or the Disputes Tribunal.