Last updated: February 2020
VERSION - NEW ZEALAND
DROPIT™ - USER TERMS AND CONDITIONS
Relationship between you and Dropit, and between you and our partners
2. Dropit is a technology platform providing services to our partners and which you and our other users may access and participate in. The services enable you to receive and, should you elect to do so, to attempt to and to purchase offers made to you. Our partners advertise and offer items for users to purchase on the Dropit platform and the services provided on it. This can include offers made within a reverse auction format, where the purchase price of the offer reduces in value from the commencement of the auction until the close of the auction. The value at which the auction closes can reflect the purchase by a user or the minimum price at which the item is available for purchase if not purchased for a higher value. The minimum price may be as low as zero but can be a higher value. Additionally, our partners can offer items on the Dropit platform for a determined price without involving the reverse auction format. The services we provide include facilitating and collecting payments for our partners. Our partners are typically independent third party providers who have a commercial agreement with us. When you accept an offer to purchase, you are forming a contract with our partner. We are not responsible for the presentation or advertising of the offer or for the supply of goods, services or information formed or communicated through Dropit (or as a result of visits made to Dropit) including those between you and any other person. Any contract formed in connection with the purchase of an offer is between you as the buyer and our partner as the seller. It is subject to the terms and conditions which are implied by law or which you and the partner agree between yourselves, or both. We are not a party to the contract between you and the partner,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 any of our partners through Dropit, or from companies whose website we have provided a link to on Dropit. 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.
3. Transactions and all other contact between or involving you and any of our partners or our users are conducted entirely at your own risk. You agree that we take no responsibility or liability for any misconduct of any third party including, without limitation, those that have registered under false pretences or who attempt to defraud you. We give no undertakings, representations, or warranties in relation to items advertised, listed or sold on Dropit.
4. We are under no duty to you to monitor or record the activity of any Dropit partner or user. Content generated by our partners and users may not be 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:
- a. in our opinion, such material does not comply with our Terms; or
- b. we consider or are notified that it may be offensive, illegal or defamatory.
Who can use Dropit
6. Subject to compliance with the Terms, Dropit allows users to access and participate in the activity and services facilitated and provided by the Dropit platform. In connection with the foregoing, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Dropit platform and the services, content and information therein solely in connection with your personal use. Rights not expressly granted to you are reserved.
Accepting offers and completing your purchase
7. You understand that your use of the Dropit platform and the services we provide may result in charges to you where you offer to accept an offer available to you. You may only offer your acceptance to purchase an offer (including by way of participating in a reverse price auction) available to you on the Dropit platform 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 participate and offer your acceptance to purchase. Offering your acceptance to purchase is non-revocable and, once made, cannot be withdrawn. If you are the successful participant in an offer made on the Dropit platform as declared by the service we provide, you have at that moment entered into a legal contract to purchase the offer and under law you are required to pay the price you offered for the item, subject to any error on our part and your consumer law rights (see below). The amount you offer to pay is due immediately. You must promptly pay the offered price in the required manner and you authorise us (from the time your payment is due) to facilitate your payment of the applicable amount on behalf of our partner as its limited payment collection agent. Payment will be by way of the preferred payment method designated on your account with us, or some other accepted form of payment as declared by us. Payment in such manner shall be considered the same as payment made directly by you to our partner. Charges will be inclusive of applicable taxes where required by law and a receipt will be sent to the email address you have provided. If you fail to promptly pay the offered price in full (including if your preferred payment method is determined to be expired, invalid or otherwise does not facilitate payment) then we and/or our partner may pursue you for payment including taking legal action against you for breach of contract. Our ability to do so shall not be construed an obligation. Additionally, we can prevent you from using Dropit with or without notice and for any period of time we determine. Charges paid by you are final and non-refundable, unless otherwise communicated to you by us (which we will do if so determined by our partner) or required by applicable consumer law set out in the Consumer Guarantees Act 1993 and/or the Fair Trading Act 1986 (“NZ Consumer Law”). Under NZ Consumer Law, you may be entitled to a refund for a failure of the services we provide or other remedies. You understand and agree that there may be a difference in price paid to acquire the same or similar offers if an offer presented including by reverse price auction is repeated. This is because the buyer determines the price he or she is prepared to pay and the sale transaction occurs when the first offer is made as determined by our service to be the first-in-time. Additionally, our partner as the seller also has flexibility in setting the minimum price it is prepared to accept as consideration for the offer. That minimum price may change from one offer to the next. From time to time, promotional offers and discounts may be made available to all or some of our users that may result in different amounts charged for the same or similar items obtained through the use of the services we provide.
8. You must ensure that you use your account solely by yourself and that your username and password is kept secure and is not disclosed to or discoverable by any other person. 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.
9. You are responsible for obtaining the data network access necessary to use the Dropit platform and our services. You may incur fees and charges from your service provider in doing so and you will be responsible for such fees and charges. Likewise, acquiring, maintaining and updating compatible hardware or devices, and the costs associated with the foregoing, as necessary to access and use the Dropit platform and services is your responsibility.
10. You agree that you are legally obligated to, and will abide by our Terms.
11. You grant us, our partners 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.
12. We reserve the right (but are not obligated) to remove or modify User Content for any or no reason, at our sole discretion, including if we believe it does, or has the potential to, violate these Terms.
13. 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 or other reasons at our sole discretion.
14. We respect copyright laws. If you believe that your copyright or other rights, e.g. trademarks, have been violated by us or one of our partners or another Dropit user, please contact us on email@example.com.
Trademarks and other industrial property rights of Dropit
15. You acknowledge that we own all intellectual property rights in Dropit, including its identification symbol and any trademark, patent, copyright and licensing rights. You may not remove any copyright, trademark or other proprietary property from the Dropit platform or our service or reproduce, modify, prepare derivative work based upon, distribute, license, lease, sell, resell, transfer, publicly perform, transmit, stream, broadcast or otherwise exploit the Dropit platform or our services except as expressly permitted by us.
Third party links
17. 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 unauthorised 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.
18. 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. WE DO NOT PURPORT TO DISCLAIM THAT WHICH CANNOT BE EXCLUDED UNDER APPLICABLE NEW ZEALAND LAW.
Limitation of liability
19. 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 (C) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. WE DO NOT PURPORT TO EXCLUDE OR TO LIMIT OUR LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER WHERE THAT CANNOT BE EXCLUDED OR LIMITED OR ALTERED UNDER APPLICABLE NEW ZEALAND LAW. IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED ONE HUNDRED NEW ZEALAND DOLLARS (NZ$100.00).
20. For any dispute you have with us, the Dropit platform or the services we provide, you agree to first contact us on firstname.lastname@example.org and attempt to resolve the dispute with us informally.
21. These Terms shall be exclusively governed by and construed in accordance with the laws of New Zealand. In the event of a dispute that is not resolved between the respective parties, either party may file an action in the courts of New Zealand or pursue other alternative dispute resolution as agreed upon by the parties.
Changes to our Terms
22. We may revise and/ or supplement these Terms from time to time. The most current version will always be posted here or on our website. 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.
23. 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.
24. These Terms (as amended or supplemented in accordance herein), shall constitute your entire agreement with us concerning Dropit. If any provision is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to the extent be deemed not to form part of the Terms but the legality, validity and enforceability of the other provisions shall not be affected. In that event, the illegal, invalid or unenforceable provision or part thereof shall be replaced with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar affect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms.
25. 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.
27. 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.
Acceptable Use Policy
Posted content must not:
a. Encourage the violation of national or international laws or regulations;
b. Infringe any third party’s intellectual property rights, privacy rights or publicity rights;
c. 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;
d. Seek to harm or exploit children, for example by exposing them to inappropriate content or asking for personally identifiable details;
e. 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;
f. Contain any unsolicited advertising, unacceptable affiliate links, or other form of unauthorised commercial use (i.e. spam) or be spam-like in nature;
g. Create a risk of any loss, harm or damage to any person or property, including personal or financial;
h. Be fraudulent in nature, false, misleading, or deceptive; or
i. Provide legal advice or be capable of being construed as legal advice.
You agree not to engage in any of the following prohibited activities:
a. Access, tamper with, or use non-public areas of Dropit, our computer systems, or the technical delivery systems of our providers;
b. Attempt to hack, decipher, decompile, disassemble or reverse engineer any of the software used to provide Dropit or its services;
c. 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;
d. Attempt to probe, scan, or test the vulnerability of any Dropit system or network or breach any security or authentication measures;
e. 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;
f. 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;
g. Send any unsolicited or unauthorised spam and spam comments on posts, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation;
h. Collect or store any personally identifiable information from Dropit from other users of Dropit without their express permission;
i. Impersonate or misrepresent your affiliation with any person or entity; or
j. Violate any applicable law or regulation.