Terms And Conditions - ServiceBasket New Zealand


ACCEPTANCE OF THESE TERMS AND OUR PRIVACY POLICY

1. Terms and Conditions. Welcome to ServiceBasket! Please read these Terms and Conditions (the “Terms”) carefully because they are legally binding on you even if you are simply browsing ServiceBasket (the “Site,” “us,” “we” or “our”) without posting an ad or registering an account. These Terms were last updated on Jul 29, 2016. We may revise these Terms from time to time in any way we see fit without prior notice to you. Your continued use of the Site after we have posted the revised Terms constitutes your acceptance of the changes. Therefore, please check this page periodically to take notice of any changes we made.

2. Privacy Policy. Our Privacy Policy is another major document that is binding on you. It describes our practices for collecting, disclosing and storing your personal information.

3. Failure to Accept. If you do not want to accept and agree to these Terms and Conditions or the Privacy Policy, you must exit the Site.

SITE CONTENT

1. Neutral Venue. Our Site is a neutral online platform that allows users to post classified ads. As a neutral platform we do not actively monitor the truth or accuracy of any ads, our job is simply to provide a venue. Therefore, WE DISCLAIM ALL LIABILITY ARISING OUT OF USERS’ POSTS OR ACTIONS ON OUR SITE. Links to third party advertisers do not constitute their endorsement of our Site or our endorsement of them. We are not responsible for any third party content.

2. Intellectual Property. All Site contents, registered and unregistered trademarks, information, images, and design (the “Intellectual Property”) belong to us and our content suppliers. The Intellectual Property is protected by international copyright, trademark, trade secret and other intellectual property and proprietary rights laws. You shall not copy, reproduce or replicate any Intellectual Property so as to cause confusion to the public as to the ownership or identity of the Site, the source of its content, or to adversely affect the brand image, reputation, sales and business of the Site.

3. License to Your Content. You retain all of your ownership rights in the content you submit to the Site. However, by submitting any content, you hereby grant us a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your content, including without limitation for promoting the Site in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access your content through the Site, and to use, reproduce, distribute, display and perform your content as permitted through the functionality of the Site and under these Terms and Conditions.

4. Takedown Procedure. We respect the intellectual property rights of others and require our users to do the same. We will address the claims of copyright infringement committed using our Site if such claims are reported to our designated copyright agent at

If we believe that any posted material violates any applicable law, we will remove or disable access to any such material. In notifying us of alleged copyright infringement, include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

NO WARRANTIES; LIMITATION OF LIABILITY

1. Site contains paid advertising, reviews, affiliate marketing insertions or other forms of compensated endorsements. Any product or service claim or representation should be independently verified by you with the manufacturer or provider.

2. YOUR USE OF THE SITE, ITS CONTENT AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. WE DO NOT GUARANTEE THAT THE INFORMATION PROVIDED ON THE SITE IS COMPLETE, ACCURATE OR UP-TO-DATE. WE DO NOT WARRANT THAT THE PRODUCST OR SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIRMENTS. IN NO EVENT WILL WE, OUR CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

3. Under no circumstances will the Site be liable for any amounts exceeding the amounts actually paid for service in the three months preceding the time when the claim arose. NO CLAIM, SUIT OR ACTION SHALL BE BROUGHT AGAINST us MORE THAN six months AFTER THE RELATED CAUSE OF ACTION HAS OCCURRED.

YOUR RESPONSIBILITIES


By using this Site, you represent, warrant and agree that:

1. You are at least 18 years of age and of full capacity to form a legally binding contract.

2. You will provide a valid payment method information when necessary and pay all sums due when due.

3.  You will only submit true, complete and not misleading information to the Site. Submission of untruthful feedback may result in account termination.

4. All content you post is free of third party intellectual property claims and contains no vulgar, profane, defamatory, abusive, racist or hateful language or expressions.

5. Prohibited Practices - Actions that are not allowed in listing services for order and offer:

  • - Adult Massage services
  • - Any kind of government service - Only consultancy/guidance is allowed
  • - Bulk SMS/Email Services
  • - Escorts
  • - Multi-Level Marketing Services
  • - People looking for relationship, dating and / or friendship
  • - Quick get-rich schemes
  • - Surrogacy

6. You will not post individual items for sale on our Site.

7. You will not duplicate ads. Please do not post the same ad over and over again. Duplicate ads, reworded ad or ads that are too similar to an existing ad will be removed, and repeat offenders will be blocked from posting on our Site. Your ad should only be posted in the most relevant category.

8. You will use your own location for your ad and/or profile.

9. You will not create multiple accounts or use multiple email addresses to post the same ad.

10. We may reject or erase any ad for any reason without prior notice to you, within our sole reasonable discretion.

11. We are not responsible for typos, corrections or other modifications in any ad copy that is entered by an advertiser. The person placing the ad assumes full responsibility to ensure accurate presentation of advertising information.