Welcome to eMarket.nz.
This Agreement is designed to ensure a positive, family-friendly, informative and safe experience for all our users.
Throughout this Agreement, “we” “us” or “our” refers to “eMarket” and its divisions, subsidiaries, or assigns. This Agreement is effective 1 January, 2020.
Before accessing or using the eMarket.nz website services, tools, or applications (collectively, our “Services”), you must read and accept the terms of this Agreement.
If you are the legal age of majority in your home jurisdiction, we offer to grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access and use our Services in compliance with this Agreement.
The following policies are incorporated into and form a part of this Agreement:
As a condition of your use of our Services, you agree to abide by the terms of this Agreement and the included Policies.
Without limiting the application of this Agreement and the included Policies, as a condition of accessing or using our Services you agree that you will not:
Using our Services is generally free of charge. We may charge a fee for certain services, and when we do, you will have the opportunity to review and accept that charge. Any fees are non-refundable and payable when due. All fees and items are listed in New Zealand dollars.
By using our Services to post content, you automatically grant and assign to us, and you represent and warrant that you have the right, power and authority to grant and assign to us, a non-exclusive, unlimited, fully paid, worldwide, perpetual, irrevocable, royalty-free, fully sublicensable licence to exercise any and all copyright, trademark, publicity, and database rights you have in such content, in any media known now or in the future, and you waive any and all moral rights in such posted content.
You also expressly grant and assign to us all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use, or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post).
Some of our Services are supported by advertising revenue and we may permit third parties to display advertisements and promotions to you when you use our Services. In addition, our Services may utilise or contain links to other third party sites, including social networking sites.
We have no control over, and assume no responsibility for, such third party advertisers or third party sites or the content, privacy policies, or practices of such advertisers or sites. You are subject to the policies of such third parties when and where applicable.
By using our Services, you agree that we may place advertising in our Services and that you will not hold us responsible or liable for any loss or damage of any sort incurred by you as a result of the presence of such advertisers, your subsequent dealings with advertisers, or your use of any third party site accessed through our Service.
We try to keep our Services safe, secure, and functioning properly. You acknowledge that we cannot guarantee the continuous operation of or access to our Services. You further acknowledge that operation of and access to our Services may be interfered with as a result of technical issues or numerous factors outside of our control.
YOU AGREE THAT YOU ARE MAKING USE OF OUR SERVICES AT YOUR OWN RISK, AND THAT THEY ARE BEING PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD US RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR REPUTATION, PROFITS, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF OUR SERVICES, WHICH INCLUDES, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE FOLLOWING:
REGARDLESS OF THE ABOVE, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES, WHICH YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (B) $100
YOU WILL INDEMNIFY AND HOLD US (AND OUR AFFILIATES AND SUBSIDIARIES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LAWYERS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF OUR SERVICES, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE US (AND OUR AFFILIATES AND SUBSIDIARIES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) FROM CLAIMS, DEMANDS, AND DAMAGES (WHETHER DIRECT, ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOUR AT THE TIME OF AGREEING TO THIS RELEASE.
You agree that you will not use any robot, spider, scraper, crawler, or any other automated means to access our Services for any purpose without our express written permission.
Additionally, you agree that you will not:
Exception for Internet Search Engines and Public Archives
As a limited exception to paragraph (b) above, general purpose Internet search engines and non-commercial public archives may access our Services without a separate written agreement provided that they:
However, we may terminate this limited exception as to any search engine or public archive (or any person or entity relying on this limited exception to access our Services without a separate written agreement with us) at any time and in our sole discretion, upon written notice, including, without limitation, by email notice
Exception for RSS Feeds
As a limited exception to paragraph (b) above, you may download information from one of our RSS Feeds provided that either:
We reserve the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, our Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Services.
In addition to all other rights and remedies available to us under this Agreement or by law, we may, in our sole discretion, terminate or suspend your access to and use of the Services (or any part thereof) without cause and without notice.
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
You agree to send all legal notices to us by email to the following address:
You consent to us sending you legal notices to the email address you provide to us. Legal notices by email will be deemed received 24 hours after sending. We may also send you legal notices by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.
If any provision of this Agreement is found invalid or unenforceable, such provision shall be severed from this Agreement without invalidating the remainder of the Agreement, and the Agreement shall be interpreted so as to give effect, to the extent possible, to the original intent of the Agreement including the offending provision.
This Agreement is personal to you and your rights and obligations under this Agreement may not be assigned, sub-licensed or otherwise transferred. We may assign this Agreement to a third party.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to the Terms.
This Agreement shall be governed and construed in accordance with the laws of New Zealand and applicable therein.
Notwithstanding the above, for our exclusive benefit, we retain the right to bring proceedings in connection with this Agreement in the courts of the country of your residence or, if applicable, your principal place of business.
Our delay or omission in requiring performance of your obligations under this Agreement shall not operate as a waiver of any of our rights under this Agreement.
We may amend this Agreement or the included Policies from time to time. When we do so, we will put a notice on our websites. All amendments shall become effective within 30 days of such notice.
This Agreement, including the incorporated Policies, sets forth the entire understanding and agreement between you and us with respect to the subject matter of this Agreement.
Sections 6 (Privacy), 7 (Service and Fees), 8 (Content), 9 (Advertising, Third Party Content and links to other Web Sites), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 12 (Indemnity), 13 (Release), 15 (Modification or Termination of Service), 17 (Notice), and 18 (General) shall survive any termination of this Agreement.
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