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Thursday, 16 February 2023
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– FOR GROWNUPS.CO.NZ
These terms and conditions are intended to assist keep www.GrownUps.co.nz a safe
place for our Visitors and Members.
Our competition terms and conditions can be viewed here.
1. ACCEPTANCE OF TERMS AND CONDITIONS:
The terms and conditions are the terms on which Grown Ups New Zealand Limited
(“GrownUps”) offers you access to the services and the website. If you do not
accept these terms and conditions, you must refrain from using the services. By
using this site, you are agreeing to the following:
By registering with GrownUps you agree to receive regular newsletters, special
offers, articles of interest & Store specials emails which you can opt out of in
your MyAccount/MyGrownUps Profile or via unsubscribing when you receive any
newsletter or email offer, anytime. You can contact GrownUps admin via the
Contact Us channel at anytime if you have any difficulty being able to do this.
You will also receive some one-off welcome emails.
By registering with GrownUps you agree that these Terms & Conditions will change
from time to time.
If you are subscribed to receive the regular GrownUps newsletter & email offers,
you are agreeing to accept these terms and conditions. If you do not wish to
receive these emails, please reply to them with unsubscribe in the header. The
newsletter is sent (approximately) weekly as are email offers or announcements
(e.g. GrownUps Specials, discounts).
PLEASE NOTE: Grown Ups New Zealand Ltd & The GrownUps website accept no
liability for any actions taken by visitors or members from any advertising that
they receive, view and act on. GrownUps DOES NOT endorse any of the advertising
material featured on the site or in any emails that are sent by the website.
PLEASE DO NOT USE THIS WEBSITE OR SIGN UP TO RECEIVE NEWSLETTERS AND SPECIAL
OFFERS IF YOU DO NOT AGREE WITH OUR TERMS & CONDITIONS OF USAGE.
From time to time, when new features are added to the GrownUps website, we will
notify all registered members of these new features, by email. By being a
registered member of GrownUps you are agreeing to receive an email when there is
a major feature announcement. Your information will never be made available to
any third party, unless in specific circumstances (e.g. some competitions) where
you expressly agree to those conditions. Please note you will not be required to
be Subscribed to receive newsletters/special offers etc, in order to receive
these types of emails from GrownUps.
GrownUps accepts no responsibility for decisions made as a result of using the
information provided on this website and also is not recommending any one
product over another. GrownUps does not necessarily agree with the views
expressed on the website, particularly in any discussion groups, comments or
articles posted by users, visitors to and members of the GrownUps website. Any
use of the site is at your own risk and is provided free as a community website.
Any use of the site that is deemed to be offensive can be reported immediately
through the Contact Us feedback channel available site wide. Any misuse of the
site will result in immediate deletion of membership and also deletion of any
comments, discussions and articles submitted by any user who is offensive or who
is deemed offensive by GrownUps. GrownUps.co.nz reserves the right to delete any
user at any time for any reason, including all their submissions to and on the
website.
NO FINANCIAL ADVICE
Nothing on this site constitutes financial or other advice. GrownUps provides
this free service to consumers on an ‘as-is’ basis without representation to
accuracy or suitability for any particular purpose. Any recommendation or
opinion expressed in relation to a particular product is solely the view of the
relevant contributor, provided in the course of their occupation. GrownUps does
not recommend any financial product on a site which GrownUps provides a link to.
No articles or linked sites are financial advice for the purposes of the
Financial Advisers Act and should not be relied upon in making an investment
decision.
We recommend that you seek professional advice from a suitable authorised or
registered financial adviser which takes into account your personal
circumstances before making an investment decision. Do not sign any document
without taking proper advice from a professional and competent person you trust.
Always contact the financial institution directly to confirm all information
before you invest or borrow. Only the relevant financial institution can provide
you with complete, up to date, accurate information.
We have made all reasonable efforts to keep the information on this site as
accurate as possible and ensure that the availability of the site is continuous
and fault-free. However, all information is either sourced from the public
domain or is provided by the website named, and there are risks – outside our
control – that information may be recorded incorrectly or omitted from the site
or that the site may not be available.
To the extent permitted by law, none of GrownUps, the publisher, or anyone else
engaged in providing this site or compiling information for it, accepts any
liability for inaccuracies, or any loss or damage which may result directly or
indirectly from the use of the site or any error in, or omission of, information
on the site, irrespective of the cause.
NO HEALTH OR MEDICAL ADVICE
The health and wellness information on this website or in any GrownUps email is
for informational purposes. It does not constitute medical advice and is not
intended to be a substitute for proper medical care provided by a doctor or
nurse. GrownUps assumes no responsibility for any circumstances arising out of
the use, misuse, interpretation or application of any information supplied in
the content.
FEES & COMMISSIONS
In addition to fees received from advertisers on our website and in
communications to members, GrownUps may receive fees or commissions from
promoters of special offers.
2. AMENDMENT OF TERMS AND CONDITIONS:
These terms and conditions may be amended in whole or in part by GrownUps
from time to time. Amendments will be effective immediately upon posting of
the amended terms and conditions on this web site or on new terms being
accepted.
You are responsible for ensuring you are familiar with the latest terms
and conditions and are deemed to have read the latest version of the terms
and conditions from time to time.
Your continued use of the services represents your agreement to be bound by the
terms and conditions as amended.
3. TERMINOLOGY: IN THESE TERMS AND CONDITIONS, THE FOLLOWING EXPRESSIONS HAVE
THE MEANINGS SET OUT:
“Advertiser” means any party who advertises for sale and goods or services on
the Site and may include an individual or a corporate entity. A Member may also
be an Advertiser.
“Member” means a registered member of GrownUps. An Advertiser may also be a
Member.
“Services” means any one or more of the offered by GrownUps from time to time,
including classifieds, message boards, and chat rooms and any other service that
GrownUps may offer.
“Site” means the website known as “grownups.co.nz” or any website containing the
letters “GrownUps” as may be presently registered by GrownUps as a domain name
at the date of this Agreement or may be registered by the GrownUps from time to
time.
“Webpage” means the home page in the website known as “grownups.co.nz”.
“we” , “us” and “our” are a reference to Grown Ups New Zealand Limited.
“you” and “your” are a reference to you.
4.1 THE SERVICES:
GrownUps provides a venue to introduce Advertisers who want to advertise
for sale certain products or services to Members or for Members to search for
certain specific goods and services offered by GrownUps’ Advertisers or other
Members.
GrownUps does not take any part in the sale of services or items other than
by providing our web site as a venue for Members. We do not act as agent for
either party and do not participate in any transaction between you and other
Members.
4.2 AT YOUR OWN RISK:
Transactions and all other contact between you and other Members are
conducted entirely at your own risk. You agree that GrownUps 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. GrownUps gives no undertakings, representations, or
warranties in relation to products or services sold or listed on the web site,
including:
a. as to the accuracy or truth of listings;
b. as to the identity of any of the Advertisers or Members; or
c. that any product or service listed will meet your requirements or
expectations; or
d. about the ability of Members to complete a transaction.
4.3 DISCLAIMER:
You expressly understand and agree that:
a. your use of the services is at your sole risk. The web site and services are
provided on an “as is” and “as available” basis. To
the maximum extent permitted by law, GrownUps 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;
b. GrownUps does not warrant that:-
i) the services provided will be uninterrupted, timely, secure, or error
free, or
ii) that any information provided on the web site is error-free or reliable;
c. No advice or information that is obtained by you from GrownUps or anyone
else shall create any warranty by GrownUps that is not expressly stated in the
terms and conditions; and
d. responsibility for the content of advertisements appearing on this web site
(including hyperlinks to advertisers’ own websites) rests solely with the
advertisers. The placement of such advertisements on the web site does not
constitute GrownUps’ recommendation or endorsement of the advertised product or
service. Each advertiser is solely responsible for any representation made in
connection with its advertisement.
4.4 LIABILITY:
You agree that, to the maximum extent permitted by law, any and all
liability and responsibility of GrownUps to you or any other person under or in
connection with these terms and conditions, or in connection with the services,
this web
site, another Member’s acts or omissions, or your use of or inability to
use, the services or this web site is excluded regardless of whether such
liability arises in contract, tort (including negligence), equity, breach of
statutory duty or otherwise. GrownUps’ 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.
4.5 INDEMNITY:
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 completed a transaction, your use of
GrownUps’ message boards and chat rooms, your purchase and/or use of any product
or service provided by any Advertiser or other Member.
4.6 BREACH:
Without limiting any other rights and remedies available to GrownUps, GrownUps
may limit your activities on the web site, 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 GrownUps considers it appropriate.
5. BECOMING A MEMBER
5.1 BECOMING A MEMBER:
Becoming a member is free. You may only register as a member if you can form a
legally binding contract that is enforceable against you. By registering as a
member, you warrant that you can form a legally binding contract.
5.2 ACCURATE INFORMATION:
You warrant that you have provided complete, accurate and current
personal information when registering as a member. You must maintain and update
your personal information held by GrownUps to ensure it is kept current at all
times.
You must not register as a member under multiple identities or personas
(whether false or not). GrownUps may phone or mail you to verify these details.
5.3 TERMINATION OF MEMBERSHIP:
GrownUps reserves the right to decline to register or to terminate your
Membership without entering into further discussions with you. Without limiting
the foregoing, GrownUps may terminate your Membership if a serious complaint or
multiple complaints are received about you from other Members, you breach these
terms and conditions, you impersonate another member, you re-register or you
have had you membership terminated or we, at our sole discretion, deem your
behaviour to be unacceptable. Members who have registered under multiple aliases
will have all of their aliases and memberships disabled.
5.4 DELETING & EDITING COMMENTS:
GrownUps reserves the right to delete or edit any comments/posts made on the
site by members, without notification. If comments/posts they are deemed to in
any way denigrate the site they will be removed and also membership may be
terminated as above, without entering into further discussions with you.
5.5 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:
a. not to permit any other person to use your user name or Membership; and
b. not to disclose, or provide to any other person, your password, email
address, or any information that may allow them to gain access to your
Membership.
6. GENERAL RULES
6.1 GENERAL
(a) All advertising, listings or other communications made through GrownUps
shall be made in good faith.
(b) You must not attempt to damage, interfere or harm the web site or
services, or any network, or system underlying or connected to them, including
by using a robot, spider, scraper or other automated means to access the web
site or
information feature on it for any purpose.
(c) You listed prices or costs must be in New Zealand dollars and include GST in
the price. All tax obligations are the responsibility of the seller and/or the
buyer (as the parties determine).
(d) Contracts for the sale of land must be in writing to be legally
enforceable. We recommend that you and the other member should agree in writing
the price and terms of sale for the real estate after each of you has obtained
independent
legal advice.
(e) You must not use the services or the web site to promote items for
sale outside the services.
(f) GrownUps Memberships are not transferable and therefore can not be sold
or traded.
(g) The guarantees contained in The Consumer Guarantees Act 1993 are
excluded where an Advertiser acquires, or holds himself out as acquiring, goods
or services from us for the purpose of a business.
6.2 RULES RELATING TO ADVERTISERS
In accepting any material including electronic material or data for
publication, and in publishing it we are doing so in consideration of and
relying on the Advertiser’s express warranty, the truth of which is essential:
6.2.1 That the material does not contain anything:
(a) that is misleading or deceptive or likely to mislead or deceive or
which otherwise breaches the Fair Trading Act 1986.
(b) that is defamatory or indecent or which otherwise offends against
generally accepted community standards.
(c) that infringes a copyright or trademark or otherwise infringes any
intellectual or industrial property rights.
(d) that breaches any right of privacy or confidentiality
(e) that breaches any provision of any statute, regulation, by-law or other rule
or law, and
6.2.2 That the material complies in every way with the Advertising Codes
of Practice issued by the Advertising Standards Authority Inc. (“ASA”) and with
every other code or industry standard relating to advertising in New Zealand,
and
6.2.3 Publication of the material will not give rise to any liability on
our part or in a claim being made against us in New Zealand or elsewhere.
6.2.4 The Advertiser agrees to indemnify us against all losses or costs
arising directly or indirectly from publication of the material, and from any
costs incurred in our making corrections or amendments in accordance with the
terms that follow.
6.2.5 We may refuse to publish, or withdraw material from publication
without having to give a reason.
6.2.6 We may publish the material at a time different from that
originally booked if there is an error or delay in publication of the material
as booked.
6.2.7 We may correct or amend material to conform to style or for other
genuine reason as long as we do so using reasonable care.
6.2.8 The positioning or placing of any material within the electronic
database is at our discretion except where specifically agreed in writing.
6.2.9 We may take orders for advertising material in specific spaces
(space orders). The space may be used only by the Advertiser for advertising of
the Advertiser’s usual business and may not be transferred by the Advertiser
to another person.
6.2.10 Any late delivery of creative material resulting in the delay of
a campaign is the responsibility of the Advertiser. The campaign will be
deemed for invoicing purposes to have begun on the original start date specified
in the booking.
6.2.11 The Advertiser must tell us as soon as possible if there is an error or
omission in any material the Advertiser has placed.
6.2.12 Advertising placed by Advertisers who are not New Zealand residents will
be exempt for GST purposes. GST will be applied at the standard rate
to advertising placed by non-resident agents acting for New Zealand resident
principals. Where we cannot ascertain the tax residency status for you, we may
charge GST.
6.2.13 The guarantees contained in The Consumer Guarantees Act 1993 are
excluded where the Advertiser acquires, or holds himself out as acquiring, goods
or services from us for the purpose of a business.
6.2.14 We will not be liable for any indirect or consequential loss
(which includes loss of revenue or profit) from an error or omission in material
published, or for failure to publish, whatever the reason for the error. If we
are found to have any direct liability to our customer in any circumstance that
liability is limited to the cost of the advertising space for the relevant
material in the website.
7 . PROHIBITED ADVERTISEMENTS AND PHRASES
7.1 THE FOLLOWING ADVERTISEMENTS ARE PROHIBITED:
a) Pyramid or other commission jobs which do not involve the sale of a
legitimate product.
b) All advertising involving the sale or exchange of the following breeds of
dogs:
* Argentinian Dogo
* Japanese Tozo
* Brazillian Fila
* American Pitbull
c) Jobs which do not provide full details of the product or service involved.
d) Jobs which promote gambling, gambling websites, or gaming activities
that breach the Gaming and Lotteries Act
e) Jobs involving activities, products or services which maybe
considered offensive or illegal
f) Advertisements that imply that the advertiser intends to unlawfully
discriminate are prohibited by the Human Rights Act 1993. Discrimination may be
unlawful it is based on any of the following grounds:
* Sex, including pregnancy
* Marital status
* Religious beliefs
* Ethical beliefs
* Colour
* Race
* Ethnic or national origins
* Disability
* Age
* Political opinion
* Employment status
* Family status
* Sexual orientation
7.2 THE FOLLOWING TERMS ARE PROHIBITED FROM ADVERTISEMENTS:
* ‘Single applicants only’
* ‘Married man required’
* ‘Unmarried mother’
* ‘De facto couples only’
* ‘No gays’
* ‘No queers’
* ‘Straights only’
* ‘No Maoris’
* ‘New Zealanders only’
* The use of: ‘he, she, male, female, girl, boy, woman, man’
* No children
7. 3 AN ADVERTISEMENT CANNOT ASK FOR ‘NEW ZEALAND CITIZENSHIP’. IT CAN HOWEVER
ASK FOR AN ‘AUTHORITY TO WORK IN NEW ZEALAND ‘.
7.4 WE MAY EDIT OR REFUSE TO PUBLISH MATERIAL AT ANY TIME IF WE CONSIDER IT TO
BE UNAUTHORISED, IN BREACH OF OUR POLICIES, MISLEADING, OFFENSIVE, DEFAMATORY,
ILLEGAL OR DETRIMENTAL TO THE STANDING OF OUR WEBSITE IN THE COMMUNITY.
8 GENERAL PROVISIONS
8.1 SYSTEM INTEGRITY:
GrownUps will use its reasonable endeavours to ensure the availability of
the website and services, subject to any downtime required for maintenance.
However, GrownUps takes no responsibility for any system unavailability, or for
any loss
that is incurred as a result of web site or services being unavailable.
Further, GrownUps assumes no responsibility for the corruption of any data or
information held by GrownUps.
8.2 RESOLUTION OF DISPUTES:
As GrownUps is not a party to any transaction between you and another
member, you agree not to involve, or attempt to involve, GrownUps in any dispute
or in the resolution of disputes that arise between you and another member as a
result
of the services provided.
8.3 FORCE MAJEURE:
GrownUps has no liability for any lack of performance, unavailability or
failure of the services or the web site, or for any failure of GrownUps to
comply with these terms and conditions where the same arises from any cause
reasonably
beyond the control of GrownUps.
8.4 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.
8.5 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.
8.6 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 .
8.7 INTELLECTUAL PROPERTY RIGHTS:
GrownUps (and its licensors or suppliers, as the case may be) owns all
proprietary and intellectual property rights in the web site (including text,
graphics, logos, icons and sound recordings) and the software and other material
underlying and forming part of the services and the web site. You may not
without our prior written permission, in any form or by any means:
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