Terms and Conditions
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1 Acceptance of Terms and Conditions
The terms and conditions are the terms on which My Loading Ramp Limited (MLR) offers you access to the services and the myloadingramp.nz website. By registering as a user of MLR you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Services as described in Section 3 THE SERVICES.
2 Amendment of Terms and Conditions
As MLR operates in a changing commercial, technological and regulatory environment, we may amend these terms and conditions from time to time. Unless otherwise stated, 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.
3 The Services
MLR provides an online venue to introduce users who want to buy and sell Livestock. MLR does not take any part in the sale of Livestock other than by providing our Website as a venue for users. If a sale is agreed then 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 or facilitate any sale or transaction between you and other users.
4 At your own risk
Transactions and all other contact between you and other users are conducted entirely at your own risk. You agree that MLR 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. MLR gives no undertakings, representations, or warranties in relation to Livestock sold or listed on the Website including but not limited to:
- ownership of any livestock;
- content, description, quality, or legality ownership of the livestock that are listed on the Website;
- as to the accuracy or truth of listings;
- about the ability of members to complete a transaction.
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. MLR 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;
- MLR 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;
- 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 MLR's recommendation or endorsement of the advertised Livestock or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
You agree that, to the maximum extent permitted by law, any and all liability and responsibility of MLR to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, another user'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. MLR'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.
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.
Without limiting any other rights and remedies available to MLR, MLR may limit your activities on the Website, remove your listings or other content, 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 MLR considers it appropriate.
9 Becoming a Member
9.1 Becoming a Member
Becoming a User is free. You may only register as a User if you are resident in New Zealand (unless specifically authorised by us in writing) and can form a legally binding contract that is enforceable against you. You must be at least 18 years old. By registering as a user, you warrant that you can form a legally binding contract.
9.2 Accurate Information
You warrant that you have provided complete, accurate and current personal information when registering as a user. You must maintain and update your personal information held by MLR to ensure it is kept current at all times. You must not register as a user under multiple identities or personas (whether false or not).
9.3 Termination of Account
MLR reserves the right to decline to register or to terminate your account without entering into further discussions with you. Without limiting the foregoing, MLR may terminate your membership if a serious complaint or multiple complaints are received about you from other users, if you breach these terms and conditions, if you impersonate another user, or if we, at our sole discretion, deem your behaviour to be unacceptable. Users who have registered under multiple aliases will have all of their aliases disabled. In the event of termination, you also agree that you will not open or attempt to open any new MLR Accounts. You may at any time close your MLR account by giving us three days' notice in writing. If you close your account, or if it is terminated by MLR, your ability to use the MLR website will end and any outstanding monies owed to MLR will be due. No refunds will be given.
9.4 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 account; and
- not to disclose, or provide to any other person, your password or any other information in connection with your Username that may allow them to gain access to your account.
9.5 Emails and newsletters
MLR will send you email, relating to your membership, transactions and other activities on the Website. MLR may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.
10 General Rules
- All listings and communications made through MLR 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 must list Livestock in New Zealand dollars and exclude GST in the price. All tax obligations are the responsibility of the seller and/or the buyer (as the parties determine).
11 Your obligations as a seller
- Sellers must be located in New Zealand. Sellers outside of New Zealand are not permitted to sell on MLR, unless specifically authorised in writing by MLR.
- You will only enter listings that are accurate, current, complete, and include all relevant information about the terms of sale, and payment terms. Only livestock may be listed, and no other products or services. You must list your livestock in one category only which must be the most appropriate category for your livestock.
- You must not use the Services or the Website to sell items that are of a speculative nature including, but not limited to, pyramid or similar schemes.
- Listings are not pre-screened for content. MLR reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions.
- You agree to your phone and email address being provided to the buyer when your listing is live.
12 Your obligations as a buyer
- You must be located in New Zealand to buy livestock listed on MLR. People outside of New Zealand are not permitted to purchase items listed on MLR.
- You must make full and prompt payment for any Livestock you buy in a timely manner.
- You agree to your username, phone & email being publicly shown on the MLR website.
13 Fees and Accounts
- MLR charges fees for the use of the Website as a venue.
- MLR's current fees are listed on our pricing page in the help section.
- MLR reserves the right to change the fees charged for any of our Services at any time. In the event that we introduce a new Service, the fees for that Service are effective at the launch of the Service, unless otherwise stated.
- If you are a New Zealand resident, then all fees are excluding of GST and in New Zealand dollars unless otherwise stated. Unless otherwise stated in these terms and conditions, no interest or other financial charges will be applied to MLR account balances.
- Before listing an item, you should review MLR's fees to ensure you are aware of the fees that you will incur.
- You must pay the fees immediately upon demand by MLR.
- Subscription fees must be fully paid before services may be rendered.
- Request for cancellation of a subscription must be made in writing or email.
- Any active listings published using a subscription will be removed upon cancellation.
14 General Provisions
14.1 System Integrity
MLR will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, MLR takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further MLR assumes no responsibility for the corruption of any data or information held by MLR.
14.2 Resolution of Disputes
As MLR is not a party to any sale or transaction between you and another user, you agree not to involve, or attempt to involve, MLR in any dispute or in the resolution of disputes that arise between you and another user as a result of the Services provided.
14.3 Force Majeure
MLR has no liability for any lack of performance, unavailability or failure of the Services or the website or for any failure of MLR to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of MLR.
14.4 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.
14.5 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.
14.6 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.
14.7 Intellectual Property Rights
MLR (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.
15 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.