Terms and Conditions for using this site Golfersbid.com · TERMS AND CONDITIONS Welcome to Golfersbid.com. These terms and conditions are intended to assist keep Golfersbid.com a safe place to trade. 1.1 Acceptance of terms and conditions: The terms and conditions are the terms on which Golfersbid.com offers you access to the services and the web site. By registering as a member of Golfersbid.com you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the services. By completing the registration process to become a Member of the Service, you expressly agree to be bound by this Agreement and these Terms & Conditions. The Service provided by Golfersbid.com is only available to individuals who can make legally binding contracts. The services provided by Golfersbid.com are not available to minors and/or those individuals under the age of 18 years old and any other individuals who are legally prohibited from entering into binding contracts. 1.2 Amendment of terms and conditions: These terms and conditions may be amended in whole or in part by Golfersbid.com from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this web site. 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. Your continued use of the Service constitutes an affirmative: (a) acknowledgement by you of these Terms and Conditions and any modifications; and (b) agreement by you to abide and be bound by these Terms and Conditions, including any modifications. Golfersbid.com reserves the right to terminate your registration with the Service at its discretion. Should you object to any of these Terms and Conditions or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is immediately to: (a) discontinue use of the Service; and (b) terminate Service membership by notifying Golfersbid.com; These terms and conditions were last updated 25th January 2008. 1.3 Terminology: In these terms and conditions, the following expressions have the meanings set out: 'item', 'items' means goods that may be bought or sold through the auction or classified process; 'member' means a registered member of Golfersbid.com; 'services' means any one or more of the services offered by Golfersbid.com from time to time, including online auctions, classifieds, message boards, and chat rooms and any other service that Golfersbid.com may offer; 'we', 'us' and 'our' are a reference to Golfersbid.com; 'you' and 'your' are a reference to you; 'web site' means any Golfersbid.com web site through which the services are offered; and 'listing' means a listing on the web site through which you offer, negotiate and buy or sell any item, whether by auction or classified. · SPECIFIC WARNINGS 2.1 The services: dietaryauction.com provides a venue to introduce members who want to buy and sell items. Golfersbid.com does not take any part in the sale of items other than by providing our web site as a venue for members. If a seller accepts a bid, a contract of sale will be formed between the buyer and the seller directly. We do not act as agent for either party and do not participate in any sale or transaction between you and other members. As a result, even though some of the services being referred to as an auction, Golfersbid.com is not an auctioneer in any legal sense in any juristiction. 2.2 At your own risk: Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that Golfersbid.com 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. Golfersbid.com gives no undertakings, representations, or warranties in relation to items sold or listed on the web site, including: a. As to ownership of any item; b. as to the content, safety, description, worthiness, quality, or legality of the items that are listed on the web site; c. as to the accuracy or truth of listings; d. that any item will meet your requirements or expectations; or e. about the ability of members to complete a transaction. 2.3 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 and without limiting clause 2.2, Golfersbid.com 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. Golfersbid.com does not warrant that i) the Service will meet your requirements, ii) the services provided will be uninterrupted, timely, secure, or error free, or iii) that any information (including feedback) provided on the web site is error-free or reliable; c. no advice or information that is obtained by you from Golfersbid.com or anyone else shall create any warranty by Golfersbid.com 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 Golfersbid.com's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement. 2.4 Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Golfersbid.com 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. Dietaryauction.com 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. 2.5 Indemnity: You hereby 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 dietaryauction.com message boards and chat rooms, your sale or attempted sale of an item prohibited under clause 4.4(e), or arising out of any content or item you submit, post, transmit, or make available through the services. 2.6 Breach: Without limiting any other rights and remedies available to dietaryauction.com, dietaryauction.com may limit your activities on the web site, remove your bids or listings, 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 dietaryauction.com considers it appropriate. 2.7 Promotions of Advertisers: From time to time, Dietaryauction.com may communicate via email items that may be of interest to you as a Member of the Service if and only if you have agreed upon registration or subsequently to receive such emails. Dietaryauction.com may also sell or make available to Advertisers online advertising using the web pages of the Service. You may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the Advertiser. Dietaryauction.com assumes no liability, obligation or responsibility for any part of any such correspondence or promotion. You agree to pay all sales, use, value-added, personal property or other governmental tax or levy imposed on goods or services (if any) that you purchase through the Service. BECOMING A MEMBER 3.1 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. For example, you must be 18 years old. By registering as a member, you warrant that you can form a legally binding contract. Membership is non-transferable. 3.2 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 dietaryauction.com 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). Dietaryauction.com may phone or mail you to verify these details. 3.3 Termination of membership: dietaryauction.com reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, dietaryauction.com 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, 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 disabled. Registered members may request their membership to be closed at any time, however, dietaryauction.com will not process the request for any member currently holding the highest bid on an open auction until such time that the member loses status as the high bidder or the auction closes. Additionally, sellers with open listings may not close their account until all current auctions are ended and all outstanding fees are settled. To request your account to be closed, send an email request to Service@dietaryauction.com including your User Name and reason for the request. 3.4 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; and c. That you are entirely responsible for any and all activities, which occur under your user ID and password; and d. To immediately notify dietaryauction.com of any unauthorised use of your user ID or any other breach of security of which you become aware. 3.5 Levels of Membership. See table below. GENERAL RULES 4.1 General a. All listings, bids or communications made through dietaryauction.com 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 shall not list your email address, phone number or any other contact detail within the description of listings, listing comments and/or questions, in your member profile, or in the dietaryauction.com message boards. d. You can list auctions and classifieds in any world currency. All tax obligations are the responsibility of the seller and/or the buyer (as the parties determine). e. You must not complete a transaction outside of the dietaryauction.com process or otherwise seek to avoid dietaryauction.com success fees. Attempts by you to avoid fees, including through multiple memberships, premature auction withdrawal, or otherwise, may result in dietaryauction.com suspending or terminating your membership at the discretion of dietaryauction.com. f. You must not use the services or the web site to promote items for sale outside the services. g. Dietaryauction.com memberships are not transferable and therefore cannot be sold or traded. 4.2 Items listed for Sale Dietaryauction.com does not own, warehouse or sell any of the products displayed on this site (unless specifically disclosed). Payment and Shipping terms are agreed upon between seller and buyer; Dietaryauction.com is not involved in the transaction. Members agree to release Dietaryauction.com from any disputes, claims, demands, and/or damages evolving from the use of this service. Buyers and sellers must ensure that participation in the auction does not violate any applicable local, state, federal or international laws or Regulations. By this we mean that you must check that you are entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law or regulation. You may place any goods or service that you have the right to sell up for auction. If Dietaryauction.com does not think your lot is appropriate for any reason, we reserve the right to delete your lot altogether. Dietaryauction.com disclaims any warranties expressed or implied on products or services listed on this site. Dietaryauction.com does not take responsibility for the quality of the lots listed on the Service. This includes, but is not limited to, mistakes and typographical errors entered by a seller. If you are not sure whether you are entitled to sell or buy you should take professional advice. You should specifically take advice in respect of the sale and purchase of prescription medicines. Items that are expressly prohibited to be listed include, but are not limited to: a) Goods or services that infringe anyone's copyright, trademark, patent or other proprietary rights WARNING: It is a criminal offence to advertise or offer to sell a copy of a software program that you know, or ought reasonably to know, is a counterfeit or pirate copy. b) Counterfeit or other illegal item c) Goods or services that are illegal for you to sell in the circumstances of your auction under any local, state, federal or international law, statute, ordinance or regulation d) Goods or services that infringe or violate anyone's rights of privacy or publicity e) Instructions to perform an illegal activity or procure goods or services in an illegal manner f) Stolen merchandise g) Boxed animals, posted or otherwise h) Goods or services, which if sold through the Service, would cause Dietaryauction.com to violate any applicable local, state, federal or international law, statute, ordinance or regulation i) Tobacco products j) Poisons k) Human tissue and/or human body parts l) Listings containing pornographic or similarly objectionable content, links, pictures, banners or language. Dietaryauction.com will delete a listing of any such nature upon becoming aware it is a prohibited item or notification by a legitimate authority. The seller of such listings may be subject to suspension at Dietaryauction.com discretion. 4.3 Your obligations as a Member Your right to use the Service is personal to you. You agree that without the prior written consent of dietaryauction.com you shall not resell the Service or use the Service for the transmission of commercial solicitations or for the receipt of responses to commercial solicitations. You agree not to, for a commercial purpose, upload, transmit, reproduce, distribute or participate in the transfer or sale, or in any way exploit, any content obtained through the Service. You agree to refrain from sending unsolicited offers to purchase goods, chain letters or other commercial email to other users. You agree not to "harvest" or use "robots" to gather email addresses from the Service for solicitation or other offers. You agree not to use the Service for the transmission of (or receipt of responses to) chain letters, lotteries, gambling or pyramid schemes of any kind. You agree not to use the Service to disseminate any message in a broad-based mailing without the prior written permission of Dietaryauction.com You agree not to forge communications or take any other action that would disguise the origin of communications transmitted by you through the Service. You agree not to permit another person to transmit communications that falsely identifies your account as the origin of such communication. You are solely responsible for the contents of your transmissions through the Service. Your use of the Service is subject to all applicable state, national and international laws and regulations. You agree not to interfere or disrupt networks connected to the Service, and to comply with all regulations, policies and procedures of networks connected to the Service. You agree not to transmit through the Service any unlawful, harassing, libellous, abusive, threatening, and harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable state, national or international law or regulation. Attempts to gain unauthorised access to other computer systems are prohibited. You further agree not to use the Service in a manner that violates any Commonwealth, or state laws or statute including but not limited to the sale of regulated substances to minors or the filing of fraudulent insurance claims. Dietaryauction.com retains the right, at its sole discretion, to determine whether or not your conduct is consistent with the letter and spirit of these Terms and Conditions and may, at its sole discretion, immediately terminate your use of the Service if your conduct is found to be inconsistent with these Terms and Conditions, or may be referred to the appropriate authorities. 4.4 Your obligations as a seller a. Sellers and Buyers can be located in any country in the world. Sellers must acknowledge that some care must be taken in accepting bids outside their own country. It is recommended that specific payment instructions are included in the auction details. b. Placing an item for auction obliges a seller to sell the item to the highest bidder once reserve has been met. Listing an item for auction and/or other sale is an irrevocable (non-cancelable) offer to sell. c. You will only enter listings that are accurate, current, complete, and include all relevant information about the terms of sale, payment terms, shipping methods and who bears the cost of shipment. You must list an item in one category only that must be the most appropriate category for your item. Dietaryauction.com reserves the right to move listings from one category to another as appropriate. d. You will only place listings for items that exist and are to be sold. You will not list items that you are not legally entitled to sell or that are not in your possession. [You may not list a human body or body parts for sale on this site. This includes such items as sperm, organs, eggs, excrement, and bone.] e. You must not sell illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or unsafe items, items which infringe copyright or other intellectual property rights, items which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any item of which the sale is prohibited by, or violates any, law. You are responsible for ensuring that any item listed by you does not breach this clause 4.4(e). You agree that dietaryauction.com may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause 4.4(e) at any time. f. When you list an item for auction on dietaryauction.com, you should do so with the intention of selling this item through the site. Therefore you should not advertise your item through another forum. If you remove a listing for an auction after bidding has begun, you will incur a non-refundable withdrawal fee, regardless of the reason. Items posted for auction must be available at the time of listing unless otherwise specified in the item's description. If the item is not available for immediate shipment upon the initiation of the auction, the seller must clearly state that the auction is a pre-sale and must provide the date that the items will become available. g. A seller may only remove their item from auction if the item becomes unavailable due to damage or if the auction was erroneously posted twice. The sales transaction fee charged to the seller's account, being the total amount charged for the Service provided by dietaryauction.com, would not be refunded. A non-refundable withdrawal fee will also be charged. The seller is responsible for contacting the existing bidders to inform them that the item is no longer available. h. Dietaryauction.com classifieds may be used by individuals or businesses to sell specific items and services only and must not be used for multiple (except through a Dutch Auction) or generic item listings. i. Your listing may contain a URL for a website that contains further information on the item you have listed. However this website must not offer any items for sale, or contain contact details. You must not use dietaryauction.com listings to promote a business or web site other than a dietaryauction.com web site except through the services section. j. You must not use the services or the web site to sell items that are of a speculative nature including, but not limited to pyramid, multi-level marketing, network marketing, surf-for-free, or similar schemes. k. You must not manipulate prices through ghost bidding or assuming multiple roles in a single transaction. l. For auctions, you must sell to the highest bidder if the reserve price is met. You must only sell to a bidder who is not the highest bidder after reasonable attempts have been made to contact the winning bidder without success. Sellers who refuse to sell, winning bidders and/or other buyers who refuse to pay or otherwise complete a sales transaction, and any other Members who abuse the Service or otherwise act contrary to the Terms and Conditions may be denied continued Membership at dietaryauction.com sole discretion. Dietaryauction.com cannot force sellers to sell their merchandise and cannot force bidders to purchase the merchandise successfully bid on. m. For classifieds, you may choose to sell to any buyer at your discretion. n. Listings are not pre-screened for content. Dietaryauction.com reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions. o. You must not link a listing to any page outside the web site unless the page directly promotes the sale of the items in the listing, and does not contain any contact details. p. You must promptly forward the listed item to the successful buyer on completion of the transaction. q. You must not charge unreasonable amounts for shipping and packaging costs. 4.5 Your obligations as a buyer a. Your bids are not retractable and you must only place a bid if you intend to buy the relevant item at the bid price entered. Reasonable allowances should be made for postage where applicable. Contact the seller if unsure about any part of the auction details, including postage rates. b. If you are notified that your bid has been successful, you must complete the transaction in the manner specified. By making a bid, you warrant and represent that you have the legal right to enter into and complete the transaction. c. You must make full and prompt payment for an item bought by you. d. You agree to your username and the amount of your bid being publicly shown on the dietaryauction.com website. e. If your bid is successful and you do not pay for the item, you will receive a warning from dietaryauction.com if the seller complains about you. After 3 such complaints, dietaryauction.com may suspend or terminate your membership. f. You may not bid on an auction that has been listed by a family member, flatmate, friend or any member that is personally known to you, in order to raise the price of that auction. 4.6 Feedback Dietaryauction.com provides a ratings service for buyers and sellers to provide feedback and commentary on the performance of other buyers and sellers in the context of specific completed transactions. Dietaryauction.com will not remove or edit postings to the public display areas including ratings and feedback comments, unless the Member resigns from the Service. Members are not permitted to post positive ratings and feedback comments on themselves using their primary or secondary membership accounts or through third parties. Negative feedback. Members will receive one warning email if their feedback record falls to -1 net negative ratings. If a membership account accrues a -2 net negative feedback rating, the account will be suspended from further activity. If the negative comments are retracted, membership may be reinstated at the discretion of Dietaryauction.com Dietaryauction.com shall be in no way liable to any party at any time for the content of ratings and comments posted on the Service by Members. You hereby agree to indemnify, defend and hold Dietaryauction.com, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives harmless from and against any and all claims, loss, damage, tax including GST, liability and/or expense that may be incurred by Dietaryauction.com, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives arising out of or in connection with comments and rating scores made by you or made about you by other Members. You further agree to take no legal action nor threaten legal action of any kind and at any time against any party in relation to the ratings and commentary service; and agree to deal with any disputes concerning the ratings and commentary service solely in accordance with the provisions of the Terms and Conditions. a. Feedback you provide on other members must not contain offensive, defamatory or inappropriate language. Dietaryauction.com reserves the sole right to determine what is considered offensive, defamatory or inappropriate language. b. You may only give member feedback that relates to a specific transaction. You must not post feedback on a transaction that does not relate to that specific transaction. c. You must not post feedback about yourself or include any contact details or personal information in your feedback. d. Feedback is provided for the sole purpose of facilitating trading between members on the dietaryauction.com web site. You must not market or export any feedback to any venue other than the dietaryauction.com web site. Linking to your dietaryauction.com feedback from other buying and selling websites will be considered a breach of our terms and conditions. e. Feedback blackmail will not be tolerated. Any member who is found to be engaging in this practice will be deemed to be in breach of these Terms and Conditions. FEES AND ACCOUNTS 5.1 Dietaryauction.com Listing Fees and Success Fees a. Dietaryauction.com charges fees for the use of the web site as a venue. b. Dietaryauction.com current fees are listed on our fees page below. c. Any non-commission listing fees are charged at the time of listing and are not refundable. Dietaryauction.com may (at our sole discretion) refund a commission or success fee charged on completed auctions if the sale is not successfully completed, provided that a member follows our defined refund process. Dietaryauction.com will only issue refunds in the form of credit to the dietaryauction.com account of the member. Cash refunds will not be issued. Credits on accounts with dietaryauction.com are not transferable between members. d. Dietaryauction.com reserves the right to change the fees charged for any of our services at any time. In the event that we introduce a new service, the fees for that service are effective at the launch of the service, unless otherwise stated. e. The final bid price will be deemed to include all applicable taxes in the jurisdiction that the buyer and seller reside. It is the responsibility of the seller to ensure that such taxes and fees are remitted to the appropriate authority. Dietaryauction.com and The Herbalist Charter Limited accept no responsibility or liability if the seller fails to do so. f. Unless otherwise stated in these terms and conditions, no interest or other financial charges will be applied to dietaryauction.com account balances. g. Dietaryauction.com reserves the right to investigate queries regarding the refund of success fees with bidders, other members, Internet Service Providers, and any other relevant party. h. Before listing an item, you should review dietaryauction.com fees to ensure you are aware of the fees that you will incur. i. You must pay the fees immediately upon demand by dietaryauction.com. 5.2 Dietaryauction.com Accounts a. All fees are shown in United States dollars. b. Dietaryauction.com maintains credit accounts for each member and from which members must pay fees including payment of advance listing options. Dietaryauction.com account may not be used for the payment of items sold using the services. c. Any payment to your dietaryauction.com account of an amount less than US$10 incurs a US$2 handling fee that is payable to dietaryauction.com. d. You must settle any negative account balance immediately. Dietaryauction.com reserves the right to take action against you to recover outstanding debts. You are liable for all expenses (including legal fees) that dietaryauction.com incurs when collecting that debt. The member will not be allowed to list any more items until this negative balance has been cleared. e. If your membership is terminated dietaryauction.com will refund the balance of your credit account, less a US$5 manual processing fee that is payable to dietaryauction.com. Consequently, no refund will be made if the account balance is below US$5. If your membership is removed due to breach of our terms and conditions it is at our discretion whether you are eligible for a refund. Promotional giveaways of dietaryauction.com credits, bonus credits, or any free credits gifted to the member on registration will not be refunded. f. If you have not logged on to the web site for a period of 24 months (two years), any unused balance on your account is forfeited to dietaryauction.com and your membership will be suspended. GENERAL PROVISIONS 6.1 System Integrity: dietaryauction.com will use its reasonable endeavours to ensure the availability of the web site and services, subject to any downtime required for maintenance. However, dietaryauction.com 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, dietaryauction.com assumes no responsibility for the corruption of any data or information held by dietaryauction.com. 6.2 Resolution of disputes: As dietaryauction.com is not a party to any sale or transaction between you and another member, you agree not to involve, or attempt to involve, dietaryauction.com in any dispute or in the resolution of disputes that arise between you and another member as a result of the services provided. 6.3 Dietaryauction.com message boards and chat rooms: dietaryauction.com provides Message Boards and Chat Rooms for the use of dietaryauction.com members. The Message Boards and Chat Rooms may not be used to promote auctions, web sites or any commercial or business activity. Dietaryauction.com is not responsible for any of the opinions expressed in the Message Boards and Chat Rooms. By posting a message to the message board or chat room you agree to take full legal responsibility and liability for your comments, including for offensive or defamatory statements. 6.4 Force Majeure: Without prejudice to clause 2.3(a), dietaryauction.com has no liability for any lack of performance, unavailability or failure of the services or the web site, or for any failure of dietaryauction.com to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of dietaryauction.com. 6.5 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. 6.6 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. 6.7 Governing Law: the laws of New Zealand govern these terms and conditions. You submit to the non-exclusive jurisdiction of the Courts of New Zealand. If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Dietaryauction.com failure to exercise or enforce any rights or provisions of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Dietaryauction.com in writing. You and Dietaryauction.com agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred and you and Dietaryauction.com forever waive any such cause of action. The section titles in these Terms and Conditions are solely used for the convenience of the parties and have no legal or contractual significance. 6.8 Intellectual Property Rights: dietaryauction.com (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: a. Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this web site; or b. Commercialise, copy, or on-sell any information, or items obtained from any part of this web site. 6.9 Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions. 6.10 Dietaryauction.com cannot guarantee that it will notice or be able to prevent any illegal or inappropriate use of the site nor can Dietaryauction.com guarantee that it will give notice of any illegal or inappropriate use of the Site. 6.11 Dietaryauction.com cannot guarantee the preservation of any record and may delete information at its sole discretion and without notice. 6.12 Dietaryauction.com reserves the right to refuse service to anyone at any time. 6.13 Dietaryauction.com reserves the right to cancel any bid or listing at any time. 6.14 Dietaryauction.com does not assume responsibility for the content or the context of the listings. 6.15 Dietaryauction.com cannot guarantee that it will notice or prevent users from registering with false demographic information. 6.16 Dietaryauction.com cannot guarantee that sellers will complete the sale of a lot, or that buyers will go through with the purchase of a lot; the individual buyers and sellers take all risk. This includes but is not limited to risks associated with dealing with foreign nationals, underage persons, or persons acting under false pretence. 6.17 Dietaryauction.com is not responsible for damage or loss caused by errors in the Service or the Internet. The service may be unavailable unexpectedly as a result of errors or circumstances beyond our control. Use at your own risk. 6.18 Dietaryauction.com does not endorse any of the goods and services that are transferred through the Service. 6.19 Dietaryauction.com is not responsible for any damages to goods during transit nor for misrepresentations or breaches of contract by either buyer or seller. 6.20 Dietaryauction.com cannot confirm the identity or location of its Members, whether Members are under age or acting under false pretence. 6.21 Privacy: dietaryauction.com collects personal information about you through your use of the services and the web site, including: · Your registration details; and · Information relating to your use of the web site and the content you access. You agree that dietaryauction.com may use this personal information to assist us to provide the services to you, for internal research purposes, to verify your identity, for promoting and marketing other dietaryauction.com products and services to you, and for any other use that you authorise. We will not sell or allow third parties to access your personal information without your consent, however you agree that dietaryauction.com may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause 4.4(e) at any time. Please review our privacy policy. Prohibited items Items that pose certain safety risks are prohibited from being shipped through the post or by courier. Packages found to contain prohibited goods may be destroyed, repackaged or returned at the shipper?s expense. Use this chart to see if the item you want to ship is prohibited, or requires special attention. If you need more information, contact your carrier. Items you cannot ship: · Explosives (e.g. ammunition, fireworks, igniters, flares, toy caps). · Gases (e.g. aerosol cans, cigarette lighters, camping gas cylinders - full or empty, fire extinguishers). · Flammable liquids and flammable solids (e.g. paint, alcohol, perfume, matches, petrol, kerosene, aftershave, turpentine, solvents, cleaning fluids, nitrate products). · Oxidising substances and organic peroxides (e.g. hair dye, disinfectants, fibreglass repair kits). · Toxic (poisonous) and infectious substances · Radioactive materials. · Corrosives (e.g. mercury - including thermometers, bleach, nail polish and remover, nitric acids, battery fluids). · Other goods that are highly magnetic, polymerisable or otherwise unsuitable for carriage (e.g. asbestos, dry ice, first aid kits, wet-cell batteries). · Cash, currency or bullion. · Live animals except for correctly packaged bees, leeches, silkworms and harmless insects. · All drugs unless in prescription quantities and packaged correctly (additional restrictions apply for international services). · Illegal narcotic substances. · Firearms (including parts). · Human remains (including ashes). · Any item or consignment valued in excess of NZ$50,000. · Any noxious substance or thing or any dead animal · Any unsolicited indecent item or representation of any kind. · Any item containing anything that is capable, as packed, of causing injury to any person or damage to property. · Any inadequately packaged item. Items to send with care: · Electronic/electric appliances and devices (batteries must be removed). · Liquids not otherwise classed as dangerous must be packaged in a way to ensure no leakage or breakage of the container. · Radioactive substances in quantities exempted from the Radiation Protection Act 1965 and below the limits specified by the International Atomic Energy Agency (e.g. domestic smoke alarms). · Poisons not classified as class 6.1 Dangerous Goods in the IATA Regulations. · Narcotic drugs (where allowable and if sent by an authorised organisation). · Perishable biological specimens and substances not classified as class 6.2 Dangerous Goods in the IATA Regulations. Banned & Restricted Items You may only sell items in your possession that you are legally entitled to sell. Banned Items Below is a list of items that you are not allowed to sell on dietaryauction.com: · Alcohol · Backup or copied software, CDRs or DVDRs · Copyrighted items and content (including replicas) · Human bodies or body parts · Software that interfaces with the dietaryauction.com website · Tobacco · Everything else not specified in Terms and Conditions. Restricted Items Below is a list of items that you can sell but are restricted on Dietaryauction.com: · Adult Items · Agricultural compounds · Animal products · Businesses for sale · Made to order items · Movies · Plants Note: dietaryauction.com reserves the right to remove other items that are not on these lists if they are considered offensive or are in breach of our terms and conditions. Adult items Adult rated items (videos, magazines, DVDs, etc) must be listed in the appropriate adult category. The adult categories on the site do not allow photos. These items must relate to a health issue. Pornography is not allowed. You may not use explicit language or descriptions. If a profane word is in an item?s official title, blank out the word with asterisks. For example: s**t. Alcohol You may not sell alcohol of any nature on the site. Various laws state that the sale of liquor to the public or any member of the public requires a licence. Agricultural compounds You must ensure that any item that fits the definition of an agricultural compound, complies with the requirements of the local juristiction. Animal products You may not sell any endangered species, protected wildlife, sports fish, game or unwanted animals (e.g. ferrets). Selling these animals, their body parts or eggs can result in fines or imprisonment. It is your responsibility to make sure you are not selling these items. If in doubt contact your local Department of Conservation. You may not sell snails, whales, sharks, dolphins, seals, sea lions or indigenous birds (or parts thereof). If you want to sell fish contact the appropriate authority for more information. Businesses for sale All businesses listed on Dietaryauction.com must be sold as a going concern. You cannot sell or promote new franchises or opportunities. Copyrighted items and content You must not sell items or include content which breaches any copyright or other intellectual property rights. This includes replicas and look-alikes. As a seller it is your responsibility to ensure the items you sell and the content of your listing are not in breach of any intellectual property rights. Human bodies or body parts You may not list a human body or body parts for sale on the site. This includes such items as sperm, eggs, organs, excrement, and bone. Made to order items You may list items that are 'made to order' in the following circumstances: · You are in possession of the materials to make the goods. · The goods will be shipped within one week of the auctions close. · The auction is for a specific item, although the winning bidder may chose between simple things such as colour. For example: "You are bidding on one footbath. Choose from - blue, red or white." Plants You may not sell plants that are banned or prohibited in the receiving juristiction. Services You may not sell services on the auction site. Services are not suited to sale by auction. They can be listed in the appropriate Services section of the dietaryauction.com website. Software that interfaces with the Dietaryauction.com website You may not list software that technically interfaces with the Dietaryauction.com website. This includes but is not limited to such things as auto-relisters. We are constantly changing the Dietaryauction.com website and this will interfere with such software and may affect it. Tobacco You may not sell tobacco on the site.

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