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Terms and Conditions

Our features

eekom is a listing site that allows users to offer, trade, advertise, sell and buy almost anything in a variety of pricing formats and locations. The actual contract for sale is directly between the sellers and buyers. eekom is a listing site and is not liable for any misrepresentation of goods or services listed.

While we may provide pricing, shipping, listing, and other guidance on our site/services, such guidance is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, eekom has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

Overview

This website is operated by eekom ltd. Throughout the site, the terms “we”, “us” and “our” refer to eekom ltd. eekom offers this website, including all information, tools and services available to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By registering to our site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by us. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, members, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using eekom ltd. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services available by us. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Acceptance of terms and conditions

The terms and conditions are the terms on which eekom ltd offers you access to the website/services. By registering as a member of eekom you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the site.

Amendment of terms and conditions:

As eekom evolves we may amend these terms and conditions from time to time. We will communicate all changes by site announcement and/or by email. Unless otherwise stated, amendments will be effective immediately upon posting of the amended terms and conditions on this website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended. These terms and conditions were last updated 21 February 2016.

SPECIFIC WARNINGS

At your own risk: Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that eekom takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretenses or who attempt to defraud you. eekom gives no undertakings, representations, or warranties in relation to items sold or listed on our Website, or Member Services advertised or offered through the Services

Termination of membership:

We reserve the right to refuse service to anyone for any reason at any time.

eekom reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, eekom may terminate your membership if a serious complaint or multiple complaints are received about you from other members, if you breach these terms and conditions, if you impersonate another member, or if we deem your behavior to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled. When limiting your activities on the Website eekom may consider offsite conduct such as prior criminal convictions, insolvency, or any other conduct that puts our community or systems at risk. In the event of termination, you also agree that you will not open or attempt to open any new eekom memberships/subscriptions. You may at any time close your eekom membership but will not be refunded any outstanding membership fees. If you close your membership, or if it is terminated by eekom, your ability to use the eekom website will end. To the extent that you continue to access the site.

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: not to permit any other person to use your user name or membership; and not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow them to gain access to your membership.

General conditions:

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Accuracy, completeness and timeliness of information:

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Accurate Information:

You warrant that you have provided complete, accurate and current personal information when registering as a member of eekom. You must maintain and update your personal information held by eekom to ensure it is kept up to date. eekom may phone or mail you to authenticate information provided. You must not register as a member under multiple identities or personas (whether false or not). However you may create a business membership in addition to your personal membership.

Modifications to the service and prices

Prices of our services/subscriptions are subject to change without notice.

We reserve the right at any time to modify or discontinue any Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Optional tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Third party links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

User comments, feedback and other submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Personal information

Your submission of personal information through eekom ltd is governed by our Privacy Policy. To view our Privacy Policy.

Prohibited uses

By becoming a member or subscriber of eekom you agree to all terms and conditions listed and will not proceed with the following:

  1. post, list or upload content or items in inappropriate categories or areas on our site;breach or circumvent any laws, third party rights or our systems,
  2. policies, or determinations of your account status;use our Services if you are not able to form legally binding contracts (for example if you are under 18),
  3. or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
  4. fail to pay for items purchased by you, unless you have a valid reason as set out in an eekom policy, for example, the seller has materially changed the item’s description after you bid, a clear typographical error is made, or you cannot contact the seller;
  5. fail to deliver items sold by you, unless you have a valid reason, for example, the buyer fails to follow the posted terms or you cannot contact the buyer;
  6. manipulate the price of any item or interfere with any other user’s listings;
  7. post false, inaccurate, misleading, defamatory, or libelous content;
  8. transfer your eekom account, Feedback and/or user ID to another party without our consent;
  9. take any action that may undermine our feedback or ratings systems;
  10. distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  11. distribute viruses or any other technologies that may harm eekom, or the interests or property of users;
  12. bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
  13. export or re-export any eekom application or tool except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
  14. reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to eekom, or that comes from the Services and belongs to another eekom user or to a third party including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of eekom and/or any other party holding the right to license such use;
  15. commercialize any eekom application or any information or software associated with such application;
  16. circumvent any technical measures we use to provide our Services or collect information about users without their consent.

If we believe you are abusing eekom in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove and demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.

Disclaimer of Warranties; Limitation of Liability

We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in eekom’s applications may not occur in real time. Such functionality is subject to delays beyond eekom’s control.

You agree that you are making use of our Services at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:

  • Shipping, pricing, format, or other guidance provided by eekom;
  • Delays or disruptions in our Services;
  • Your use of or your inability to use our Services;
  • Viruses or other malicious software obtained by accessing or linking to our Services;
  • Bugs, errors, glitches, or inaccuracies of any kind in our Services;
  • Damage to your hardware device from the use of any eekom Service;
  • The content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
  • A suspension or other action taken with respect to your account or breach of the Abusing eekom Section above;
  • The duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above; or
  • Your need to modify content, practices, or behavior or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due up to the price the item sold for on eekom (including any applicable sales tax) and its original shipping costs, (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) $100.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Entire agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.

Contact information

Questions about the Terms of Service should be sent to us at contactus@eekom.co.nz

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