Terms of Service
Last updated December 2017
- Dropit is a promotional platform. Registered Retail Partners may list items for registered users to purchase within a reverse auction format. We are not responsible for contracts for the supply of goods, services or information formed through Dropit (or as a result of visits made to Dropit) between you and other Dropit users. Any contract is between the buyer and the Retail Partner and is subject to the terms and conditions which are implied by law or which the buyer and Retail Partner agree between themselves or both. We are not a party to the contract between the Retail Partner and buyer nor are we liable under it. We do not provide any warranties or assurances in relation to the items you purchase (or attempt to purchase) from Retail Partners through Dropit, or from companies whose website we have provided a link to on Dropit, and any such warranties and assurances are DISCLAIMED by us to the maximum extent permitted by law. This DISCLAIMER does not affect your statutory rights against the third party seller. If you would like information about your legal rights you should contact your local trading standards or citizens advice bureau.
- Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that we take no responsibility or liability for any misconduct of any of the users of Dropit including, without limitation, users that have registered under false pretences or who attempt to defraud you. We give no undertakings, representations, or warranties in relation to items sold or listed on Dropit.
- We are under no duty to you to monitor or record the activity of any Dropit user. Content generated by registered users is not moderated. We have the right (but not the obligation) to monitor any posting or content and we have the right to refuse, reclassify, censor or remove any post or edit any content, for example (but without limitation) if:
- in our opinion, such material does not comply with our Terms; or
- we are notified that it may be offensive, illegal or defamatory.
Who can use Dropit
- You may use Dropit only if you can form a binding contract with us, and only in compliance with these Terms. When you create your Dropit account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licences provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Subject to these Terms and our policies (including our Acceptable Use Policy below) and our Community Rules, we grant you a limited, non-exclusive, non-transferable, and revocable licence to use Dropit.
- Dropit allows registered users to participate in Drop Auctions by using the Drop Clock functionality.
Bidding on Auctions
- You may only bid on an auction if you have the legal right to do so and are located in New Zealand. If you are under the age of 18, you need your parent or guardian’s consent to bid. You cannot withdraw your bid. If you are the successful bidder on an auction you have entered into a contract to purchase the goods and/or services that you bid on and under law you are required to pay for them. You must promptly pay the winning bid price for those goods and/or services in the required manner. If you fail to pay then the Retail Partner can take legal action against you for breach of contract and we will prevent you from using Dropit.
- You must ensure that you use your account solely by yourself and that your password is kept secure. As the holder of your user account, you acknowledge that you are fully responsible for all activities that transpire through your user account. This also means ensuring the safety and security of your third party authentication systems such as Facebook. We shall not be held accountable for hijacked accounts due to lack of vigilance. You confirm that you own or possess all required rights in regard to content that you save, post and/or transmit by using Dropit and that you will not violate the rights of third parties, regardless of their nature, nor violate any legal regulations and any of the provisions of these Terms.
- You agree that you are legally obligated to, and will abide by our Terms, Acceptable Use Policy and Community Rules.
- You grant us and users of Dropit a non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to use, store, display, reproduce, re-post, modify, create derivative works, perform, and distribute any content you post on, submit to or transmit via Dropit (“User Content”) for the purposes of operating, developing, providing, and using Dropit.
- We reserve the right to remove or modify User Content for any reason, including if we believe it violates these Terms or our Acceptable use policy.
- You can delete your account at any time. If you have difficulty doing this, contact us at firstname.lastname@example.org. You acknowledge that we reserve the right, at our own discretion, to delete your account (or portions and/or specific content contained therein), content or any information. This can be for various reasons such as a violation of our Terms, an account that has been inactive for more than 6 months or other reasons at our sole discretion.
- We respect copyright laws. If you believe that your copyright or other rights, e.g. trademarks, have been violated by another Dropit user, please contact us on email@example.com
Trademarks and other industrial property rights of Dropit
- You acknowledge that we own all intellectual property rights in Dropit, including its identification symbol and any trademark, patent, copyright or licensing rights.
Third party links
- Dropit may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Dropit, you do so at your own risk and you agree that we will have no liability to you arising from your use of or access to any third-party website, service, or content.
- We make all reasonable efforts to keep servers running. However we do not warrant that Dropit will operate without interruption, be error free or meet your needs and therefore, we exclude all warranties to the maximum extent permitted by law. While we work to protect the security of your content and account, we do not warrant that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately if you believe your account has been compromised or used without your authority. We will endeavour to act swiftly in any such event.
- We take no responsibility and assume no liability for anything that you or any other user or third party posts or transmits using Dropit. You agree to indemnify and hold harmless us and our officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defence of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of Dropit, (b) your User Content, or (c) your breach of any of these Terms. TO THE MAXIMUM EXTENT PERMITTED BY LAW DROPIT SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Limitation of Liability
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, DROPIT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE DROPIT; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON DROPIT, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
- For any dispute you have with us, you agree to first contact us on firstname.lastname@example.org and attempt to resolve the dispute with us informally.
- These Terms shall be governed by the laws of New Zealand. Dropit is hosted in Australia and the United States, but is controlled and operated from New Zealand, and we make no representations that it is appropriate or available for use in other locations.
Notification Procedures and changes to these Terms
- We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use Dropit after revisions to these Terms become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using Dropit.
- These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
- No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
- We value hearing from our users, and are always interested in learning about ways we can make Dropit more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. If you wish to provide feedback or contact us, contact us on email@example.com.
Code of Conduct
- If you choose to swipe up and WIN Auctions then you are responsible for paying for the corresponding Auction Lot. If you are a Retail Partner you acknowledge that there is no reserve on Auctions and that you must honour the final sales price regardless of how low it has fallen. Buyers and/or Retail Partners who intentionally default on Auctions will be permanently banned from Dropit. We will not be obliged to take any action against the buyer or the Retail Partner to enforce the agreement between them.
Acceptable Use Policy
Posted content must not:
- or encourage the violation of national or international laws or regulations;
- infringe any third party’s intellectual property rights, privacy rights or publicity rights;
- contain pornographic material. No nudity allowed. Posted content must be appropriate for age 13 and over. All content must be “office friendly”. If you would not view it at work, then don’t post it;
- seek to harm or exploit children, for example by exposing them to inappropriate content or asking for personally identifiable details;
- contain any information or content we deem to be unlawful, hurtful, threatening, abusive, harassing, defamatory or libelous, vulgar, obscene, gruesome, perverse, hate-mongering, racist, deceptive, infringing, invasive or otherwise objectionable, or that could be damaging to minors in some way, especially content that is pornographic, glorifies violence or is otherwise harmful to young people;
- contain any unsolicited advertising, unacceptable affiliate links, or other form of unauthorized commercial use (i.e. spam) or be spam-like in nature;
- create a risk of any loss, harm or damage to any person or property, including personal or financial;
- be fraudulent in nature, false, misleading, or deceptive;
- provide legal advice or be capable of being construed as legal advice.
You agree not to engage in any of the following prohibited activities:
- Access, tamper with, or use non-public areas of Dropit, our computer systems, or the technical delivery systems of our providers;
- Attempt to hack, decipher, decompile, disassemble or reverse engineer any of the software used to provide Dropit;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing Dropit;
- Attempt to probe, scan, or test the vulnerability of any Dropit system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Dropit or any of our providers or any other third party (including another user) to protect Dropit or its content;
- Attempt to access or search Dropit, User Content or Dropit content or scrape or download User Content or Dropit content from Dropit, or otherwise use, upload content to, or create new links, reposts, or referrals in Dropit through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Dropit or other generally available third party web browsers;
- Send any unsolicited or unauthorized spam and spam comments on posts, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation;
- Collect or store any personally identifiable information from Dropit from other users of Dropit without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation;