General Terms and Conditions
The Civilshare application (‘App’) is owned and licensed by Civilshare Limited (‘Civilshare’, ‘we’, ‘us’, ‘our’). These terms and conditions of use (‘Terms’) constitute an agreement between you, the App user, (‘you’, ‘your’) and us. By downloading, accessing, or using the App you agree that you have read, understood and accepted these Terms, and you agree to be bound by them.
The App is operated by us from New Zealand. The information on the App may not be appropriate or available for use in other jurisdictions. If you choose to access the App from a jurisdiction other than New Zealand, you do so on your own initiative and you are responsible for compliance with any applicable laws of that jurisdiction. [Sellers and buyers must be located in New Zealand. Sellers outside of New Zealand are not permitted to sell on this App, unless specifically authorised in writing by us. Sellers should not send items to an address that is outside New Zealand or Australia.]
The Services: The App provides a platform to introduce members who want to buy and sell items or offer services. We do not take any part in the sale of items or services other than by providing our App as such platform. If an offer 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 or any third party. Our services are provided for business purposes only, and are not intended for personal, domestic or household use.
Disclaimer: We make the App and its information and material provided on our App (‘Content’) available to you as a service. The availability of the information on the App does not constitute a recommendation or endorsement by us regarding any particular business entity, goods, services or transaction. We do not warrant in relation to items or services sold or listed on the App. Use of information and Content contained on the App is at your own risk. We are not responsible for any adverse consequences arising out of such use. The Content provided on the App has not been prepared by taking into account the particular objectives, situation or needs of any individual users. You agree that we are not responsible or liable for any misconduct of any members. You release us from any claim in respect of, or arising from, any statement or representation made on the App. If you enter into any agreement subsequent to accessing the App you do so entirely in reliance on your own judgement and inquiries and not in reliance on us. To the fullest extent permitted by law, we exclude all liability in relation to the App whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including direct, indirect, consequential or special loss or damage, or loss of profits, loss of data, loss of savings and loss of opportunity).
By registering on the App, you consent to receiving marketing, promotional and other material from us, including by way of electronic messages.
Intellectual Property: This App, including its Content is protected under copyright and other laws of New Zealand. Unless otherwise stated, copyright and other intellectual property rights in the App and all material published shall belong to us or our licensors. The software that operates the App may include proprietary software and you are not permitted to use such software except as expressly allowed under these Terms. Any other use or purported licensing, modification, enhancement or interference of such elements is strictly prohibited. You may copy and store Content from this App only for your own personal use, provided that you maintain all copyright and other notices contained in it. Any trademarks appearing on this App belong to us or our licensors. You are not permitted to use or reproduce or allow anyone to use or reproduce our trade marks for any reason without our prior written permission.
Account: To gain access to certain features of this App you must register an account with us by entering a valid email address and accurate, current, and complete information about yourself as prompted by the online registration form. In addition, you must select a password. You may not sell, exchange, trade or auction your account. You confirm that the data you provided to us on registering was at the time you provided it current, complete and accurate, and you agree to maintain and update the data as required to keep it so.
Reliance Upon Password: You must ensure that your password is kept secure and confidential and not revealed to any other person. You are entirely responsible for any and all activities that occur under or through the use of your password. You agree to notify us immediately of any unauthorised use of your password or any other breach of security, and we will deactivate that password.
You release us from any claim in respect of or arising from any reliance by us upon any use of your password, including us disclosing information relating to your registration and/or affairs with us.
Fees: We may from time to time impose periodic fees that you must pay as a condition of using the App or specific fees for using specific functionalities (‘Fees’). In consideration for your right to access and use the App, you must pay to us any such Fees at the times and in the manner notified to you. Unless otherwise specified, the Fees are stated exclusive of all taxes, duties and charges (including GST) that may be payable in relation to the supply of the relevant goods or services, and you agree to pay all such amounts.
Currency: Where any monetary amount is specified on this App in a particular currency, that amount is payable in the specified currency. Where no currency is specified for a monetary amount, that amount is deemed to be specified in and is payable in New Zealand dollars (NZD).
Payment: Fees are not refundable in whole or in part if you simply change your mind or wish to terminate the services earlier. You agree to pay the Fees by authorising us or our nominated third-party payment service to charge your credit card for the total Fees amount. You must provide accurate credit card information and must not provide credit card information that you are not authorised to provide. If there is a problem with your payment (for example, if your credit card transaction is declined), we may contact you to make alternative payment arrangements. You will be liable for all debt collection costs where you fail to make payment.
Use of App: You must:
- download and use the latest version of the App;
- not resupply or distribute copies of the App, or any information made available through the App, to any third party, including by making available any data, Content or other information from the App to any third party or by renting, leasing, lending, sublicensing or otherwise making available the App to any third party;
- not copy, reproduce, translate, adapt, vary, transmit or modify the App without our express written consent;
- not attempt to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection mechanisms in the App including any mechanisms used to restrict or control the functionality of the software;
- remove any copyright, trade mark, or proprietary rights notices included in or on the App;
- not reverse engineer, decompile, or disassemble the App; and
- not engage in any conduct that may disrupt or interfere with the operation of the App or interfere with other user’s use and enjoyment of the App.
General Rules of Use: You will not use the App to directly or indirectly:
- conduct surveys, contests, pyramid schemes, chain letters, junk email, spamming, charity requests, petitions for signatures or any other duplicative or unsolicited messages (commercial or otherwise);
- defame, abuse, harass, stalk or threaten others;
- publish or distribute any defamatory, offensive, obscene, indecent or unlawful material or information;
- create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message or post;
- breach any applicable law or regulation;
- engage in any other conduct that we in our absolute discretion consider inappropriate; or
- transmit or upload any computer programs or other material in breach of any intellectual property laws, rights of privacy or any other applicable laws.
Licence to Content: By submitting, generating, or making available such Content you grant us a non-exclusive, perpetual, worldwide, irrevocable, royalty free, licence to publish, distribute, publicly perform or display, import, broadcast, transmit, reproduce, modify, sublicense, and make derivative works from such Content.
Your Obligations as a Lister/Seller: You:
- will only enter listings that are accurate, current, complete, and include all relevant information about the terms of sale;
- will only place listings for items that exist, are to be sold, and that you are legally entitled to sell;
- may list specific items or jobs only and must not list multiple or generic items or job listings. You must not place multiple listings for a single item or job ;
- may choose to sell to any buyer at your discretion;
- agree to your email address being provided to the successful buyer.
Listings are not pre-screened for content. We reserve the right to remove any listing that we deem unsuitable or in breach of the Terms.
Your Obligations as a Buyer: You:
- once notified that your offer has been successful, must complete the transaction in the manner specified. By making an offer, you warrant and represent that you have the legal right to enter into and complete the transaction;
- must make full and prompt payment for any item or service you buy;
- must provide your email and delivery address to the seller when you agree a purchase;
- agree to your email address and username being provided if you send an email through the App.
Feedback: Feedback is provided for the purpose of facilitating trading between members on the App. Feedback you provide on other members must not contain offensive, defamatory, retaliatory or inappropriate language or content. You may only give member feedback that relates to a specific transaction.
Preservation of Content: We may preserve Content at our sole discretion and disclose any such Content if required to do so by law or where we consider that such preservation of disclosure is reasonably necessary for or business purposes, to comply with legal process, enforce these Terms, respond to claims that Content violates the rights of a third party, or to protect the rights, property or safety of, users of this App or the general public.
Indemnification: You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of this App in breach of these Terms.
Severability: If any part or provision of these Terms is deemed to be invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part of provision. The remaining Terms will be binding on the parties.
Apple: Where you download, install or use the App on an Apple mobile device, you acknowledge and agree that:
- these Terms are an agreement between you and us and not between you, and Apple, Inc. nor any subsidiary of Apple, Inc. (‘Apple’);
- Apple has no responsibility or liability in respect of any matter relating to the App, including your use or possession of the App; and
- these Terms supersede any agreement between you and Apple in relation to your use of the App.
We and you agree that Apple, and any Apple subsidiary, are third party beneficiaries of these Terms and that Apple has the right to enforce these Terms against you as a third party beneficiary.
Android: Where you download, install or use the App on a mobile device running an Android operating system, you acknowledge and agree that:
- these Terms are an agreement between you and us and not between you, and Google, Inc. nor any subsidiary of Google, Inc. (‘Google’);
- Google has no responsibility or liability in respect of any matter relating to the App, including your use or possession of the App; and
- these Terms supersede any agreement between you and Google in relation to your use of the App.
We and you agree that Google, and any Google subsidiary, are third party beneficiaries of these Terms and that Google has the right to enforce these Terms against you as a third party beneficiary.
Electronic Transactions Act: You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002.
Waiver: If at any time we do not enforce any of these Terms or grant you time or other indulgence, we will not be construed as having waived that term or condition or our rights to later enforce that or any other term or condition. Further, no waiver by us, in exercising any right, power or provision in these Terms shall operate as a waiver of any other right or of that same right at a future time. Nor shall any delay in exercise of any power or right be interpreted as a waiver.
Suspension: If you breach any of these Terms we may suspend your account and your use of the App or particular features of this App effective immediately and without prior notice. We may determine the length of any suspension at our absolute discretion.
Termination: You or we may terminate this agreement and your registration at any time for any reason (including without limitation, a failure by you to comply with any of these Terms). Once terminated, you cannot access the App in any manner or for any reason without our express written consent.
Law: These Terms (and any contracts between you and us which arise through your use of this App) shall be governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these Terms (and any contracts between you and us which arise through your use of this App). You submit to the jurisdiction of the courts of New Zealand and agree that the courts of New Zealand are a convenient forum in which to resolve any dispute arising in relation to these Terms (and any contracts between you and us which arise through your use of this App).
Entire Agreement: These Terms, and any editor account guidelines (where applicable), set out the entire agreement and understanding between you and us in relation to the App and supersede all prior understandings of any nature between us in relation to the App.
Contact: If you have any questions or concerns in relation to the App or these Terms please contact us at firstname.lastname@example.org or write to us at Civilshare, 27 William Pickering Avenue, Albany, Auckland.