Invest Buy Sell – Terms & Conditions
Acceptance of these Terms and Conditions is necessary to post a listing on this site.
This website (“Site”) is operated by Paul Johnston trading as Invest Buy Sell (referred to on this Site as “we”, “us” or “our”). Your use of this Site is governed by these terms and conditions (Terms”). By accessing and browsing this Site you agree to be bound by these Terms. We make this Site available to you to in order to provide information about our services and enable you to purchase these services from us online.
These Terms apply to your purchase of plans via our Site, as listed under Plans and Pricing. The name that will appear on your statement will be Invest Buy Sell.
We may amend these Terms from time to time, so you should check and read these Terms regularly when extending a listing or creating a new listing. By continuing to use this Site after any such amendment, you are deemed to have agreed to the amended Terms.
Pricing and Payment
Payment of the fee for the plan that you select must be made before your listing will be active. The prices for the products listed on this Site are in New Zealand dollars, and exclude GST (which is payable by you if GST applies). We reserve the right to change our fees at any time, and will endeavour to provide timely notice of any such changes. The pricing listed in the Site when you create a listing will apply to that listing. We use Paypal services to facilitate transactions and maximize security.
We will not provide a refund once a listing has been placed.
Intellectual Property Rights
All intellectual property on this Site, including without limitation any trade marks, text, graphics, logos and images, is owned by us or by our Content Suppliers. (A Content Supplier is a person or entity that lists an offer or invitation with us or posts an advertisement on the Site.) You are not permitted to use any of our intellectual property or of any other Content Supplier except to the extent to which we make any of our intellectual property available to you for the purpose of your listing.
Should we permit you, at our absolute discretion, to reproduce, copy, or distribute any content of the Site any reproduction, copy or distribution must include a prominent acknowledgement of our ownership of the content. You must obtain our written permission, which we may give or withhold at our absolute discretion, if you wish to link to any part of the Site. Where such permission is given, you will not use any of our intellectual property, including our name or any part of it, as part of the link without our prior written approval, which we may give or withhold at our absolute discretion.
Right to Use Site and Content
You may use this Site only for the purposes for which it is provided. You must not use this Site for fraudulent or other unlawful activity or otherwise do anything to damage or disrupt this Site.
You must not attempt to gain unauthorised access to any information, or any computer systems or networks, through hacking, password mining or any other means. You must not use contact information provided by users of the website, or harvest such information, to send or facilitate the sending of unsolicited bulk communications such as SPAM.
We cannot guarantee that the Site will be accessible 24 hours a day. In addition to and separately from any other provision of these Terms, you agree that we will not be liable for any inability by you to access or use the website where the cause arises from an event that is beyond our reasonable control.
You acknowledge and agree that internet transmissions are never entirely secure or private, and that any message or information you send to or through our website and while using online transactions may be read or intercepted by others, even where a website is stated as being secure. We will take reasonable steps to preserve the security of any transmission from you but we accept no liability of any kind for the interception or ‘hacking’ of any data through our website by unauthorised third parties.
We endeavour to avoid the infiltration to our website of viruses and other harmful or invasive mechanisms but accept no responsibility or liability should your computer system, device or website be affected by any such mechanisms upon visiting our website or any linked website. You must take you own precautions to ensure that the process which you employ for accessing this website and any linked website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. Without limiting any other clause of these Terms, if you enter into these Terms in trade, then whether or not the provisions of the Consumer Guarantees Act 1993 apply, we will not be liable to you for any reason if you are in way affected by virus, malicious computer code, or other forms of interference as a result of accessing the Site. If you don’t enter into these Terms in trade i.e. in the course of trade, and the provisions of the Consumer Guarantees Act applies to your use of this site and the provision of our services to you, we will accept liability to the extent provided for in the Consumer Guarantees Act if you are in way affected by virus, malicious computer code, or other forms of interference as a result of accessing the Site.
We do not warrant or guarantee that the Site will operate error free or that loss of data may not occur.
You must be aged 18 years or over, or hold legal parental or guardian consent to use this site. (Under New Zealand law, you must be 18 or over to form a fully binding contract, that will be enforceable by and against you, which is what occurs when you register to use this site.
We reserve the right, at our sole discretion, to reject or withdraw any listing that we deem to be inappropriate, offensive, illegal or otherwise unlawful, or for any other reason.
We may terminate your listing immediately without notice if you breach these Terms.
You must ensure that, and you warrant and represent to us that, any information that you provide when creating an account with us on this Site is correct, complete and up-to-date. You must advise us promptly if any of this information changes or you become aware of any inaccuracy in the information you have provided. You agree to indemnify us and keep us indemnified in relation to any cost (including all legal costs), expense, liability, loss, compensation, damages, fines and penalties that we may incur or suffer directly or indirectly as a result of information supplied by you to us being in any way inaccurate, incomplete, incorrect, misleading or deceptive, or untrue in any way.
If you are providing information about a person other than yourself, you warrant that you are authorised by that person to provide that information. You are responsible for maintaining the confidentiality and security of your account and password and for preventing unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You must inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
We endeavour to ensure that any non Supplier Content on the Site (that is, content that is provided by us and not by a Content Supplier through its listing or advertisment) will be current, accurate or complete when you access it.
When you supply content for a listing, you take sole responsibility for ensuring that the content does not breach any law. You must regularly review your content to ensure that it will not at any time breach any law. We take no responsibility and accept no liability for checking your content. Nevertheless, if it is brought to our attention that your listing may breach any law, we will be entitled, after consulting with you, to require the listing to be amended so that it can be safely considered to be fully compliant with all applicable law, or to remove the listing from the Site (without being liable to pay you any form of monetary compensation). You will indemnify us, immediately upon written demand by us, should we incur any liability of any kind as a result of your listing breaching any applicable law.
All Liability Excluded
To the extent permitted by law:
- If you acquire or hold yourself out as acquiring our services for personal household or domestic use (for example, listing a home for sale as a private person, not in business), we accept liability to the extent provided for under the Consumer Guarantees Act and under the Fair Trading Act.
- Where you acquire or hold yourself out as acquiring our services in trade, all conditions, warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limitation, suitability, fitness for purpose, accuracy or completeness of this Site or the content on it. Without limiting this clause, if you acquire our services in trade, then you and we (both being in trade) contract out of the provisions of the Consumer Guarantees Act 1993 (should they otherwise be applicable).
- Whether or not the provisions of the Consumer Guarantees Act apply to these Terms, we will not be liable for any loss of income or profit or goodwill suffered by you in connection with your access to or use of the Site including the content on it. To the extent to which this clause confers a benefit on our employees or contractors, it is intended to be enforceable by them in terms of the Contracts (Privity) Act.
- Neither we nor any of our employees or contractors will be liable for any damage, costs or expenses, or damages or losses that are directly or indirectly, suffered or incurred by you in connection with your access to or use of this Site or the content on it. Without limiting this clause, we will not be liable for any loss of income or profit or goodwill suffered by you in connection with your access to or use of the Site including the content on it. To the extent to which this clause confers a benefit on our employees or contractors, it is intended to be enforceable by them in terms of the Contracts (Privity) Act 1982.
Except to the extent to which the Consumer Guarantees Act applies and has not been contracted out of, should we incur any liability to you for any reason, then to the extent permitted by law, our maximum liability to you will be NZ$100.00.
You are not permitted to assign or transfer your interest in or rights under these Terms.
We may assign our interest in and rights under these Terms at any time.
Jurisdiction and Governing Law
These Terms and the online services that they cover are governed by and shall be interpreted under New Zealand law. The New Zealand Courts have exclusive jurisdiction over any matter in connection with these Terms and the online services that they cover. This provision survives any termination of your access to the Site, which would automatically terminate the contract embodied in these Terms.
This Site and its non Supplier Content is made available for the purposes of purchasing listings online with us and providing information about our services.
These Terms represent the entire contract between us supersede all previous written or oral agreements and communications. We will not be bound by or accept any liability for any representation or statement that is not set out expressly in these Terms. (That exclusion of liability will not apply if the services that we supply to you are deemed to be of a kind ordinarily acquired for personal domestic or household use and you acquire them otherwise than in trade.)
The Contract between us comes into existence when you complete your listing and pay the fee for the plan that you wish to purchase. .