1 TERMS AND CONDITIONS
 

(a) Acceptance of Terms and Conditions: By searching on www.dumpit.co.nz or either selling or purchasing products over the Website you accept, and agree to be bound by, these terms and conditions.

(b) Amendment of Terms and Conditions: We may at any time with or without notice to you alter or amend these terms and conditions. These changes will be effective at the time they are posted on www.dumpit.co.nz. You accept that continued use of the website after those amendments or alterations is acceptance by you of these terms and deemed to be your agreement to be bound by them.
 

 
  2 DUMPIT– WHAT IT IS ALL ABOUT
 

(a) www.dumpit.co.nz is an online marketplace. It provides a forum for Suppliers to promote, display and advertise and sell their products. www.dumpit is the facilitator providing buyers and suppliers with the means of engaging in the sale process.

(b) www.dumpit.co.nz does not buy or sell. We just facilitate the process including providing a payment mechanism. We do not act as agent for either a buyer or seller and do not participate in any sale or transaction. This includes payments through the credit card service. If you use the credit card service, we simply pass on payments made by a buyer to a Supplier.

(c) In a nutshell, Suppliers will list their products for sale on the Website (and the quantities of Product for sale) at their sale price. These prices will be their ‘clearance’ prices.

(d) If you are successful then you make payment by credit card or via our electronic wallet system and the Supplier will send you the Products.

(e) PLEASE NOTE:
(i) You cannot get out of your contract to buy the Products from a Supplier if you make an offer to a Supplier and that offer is accepted.
(ii) Buying or selling Products is at your sole risk.
(iii) In allowing Suppliers to promote and sell their Products, www.dumpit.co.nz is not, and you agree we are not, making any representations whatsoever about the Products

 

  3 POLICIES ABOUT THE WEBSITE
 

(a) We may from time to time implement (and alter) policies about the use of the Website which are separate from these terms and conditions. They have general application to all users of the Website. You must comply with all such policies as and when they are posted on the Website.
 

  4 BUYING PRODUCTS
 

(a) The contract: A binding contract is created between you and a Supplier when you place an order for a Product (via the Website order mechanism) and the Supplier accepts that order (again via the Website mechanism). So, do not place an order unless you do not want to pay for the Products.

(b)Payment: Payment and delivery are consequences of the contract. It is up to you and the Supplier to complete the sale.

(c) Specific Buyer Obligations: The following specific requirements apply:
(i) Be careful before you place an order. Orders for Products are irrevocable (that is you can’t back out of them). By placing an order, you warrant and represent that you have the legal right and capacity to enter into the sale transaction.
(ii) You must complete the purchase of a Product on notification of acceptance of your order. This includes paying for the Products and freight in full.
(iii) If you default in completing any sale transaction (including failing to make payment of any part of the purchase price for any Products) you will have legal liability to the Supplier. We may also suspend, restrict or ban your use of the Website.

(d) Supplier’s Terms and Conditions: Suppliers may provide a website link to their terms and conditions of sale (if any) which apply to the sale of their Products to you. Those terms and conditions of sale will apply to the sale of any Products to you by that Supplier. You are solely responsible for reading, familiarizing yourself with and understanding those terms before you make an offer.

(e) Stuff that cannot be sold: No illegal products, motor vehicles, firearms, alcohol, cigarettes or pornography can be bought or sold through the Website. We can also remove any item from www.dumpit.co.nz that we consider to be unlawful or offensive.

(f) Payment mechanism:
(i) Payment is through the credit card payment mechanism on www.dumpit.co.nz. No other forms of payment are permitted.
(ii) Your credit card details will be captured at the time you place an order for a Product so that if your order is accepted by a Supplier, payment will be processed automatically. Your credit card details will be kept secure.
(iii) If your order is accepted, emails confirming this together will be sent to both you and the Supplier. The Supplier will then deliver the Products to you.
 

  5 PRODUCT SUPPORT
 

(a) Question Facility: We will facilitate communications between you and Suppliers for Product enquiries. We will use our best endeavours to follow through with Suppliers about queries to have them answered.

(b) Complaints: Complaints or claims concerning Products purchased over the Website or a Supplier’s conduct in relation to a sale transaction must be addressed to us promptly. We will have a contact telephone number and email address noted on the Website. We will endeavour to have a response to you from the Supplier within 72 hours of receiving a complaint.
 

  6 BUYER AND INFORMATION/WEBSITE STATS
 

(a) Privacy: We collect and retain personal information about you as a result of your use of the Website. The personal information will be used for the following purposes:
(i) To operate and administer the Website;
(ii) To provide to Suppliers to enable them to respond to your queries about Products to be made, to form and complete sale transactions with you, to collect any further information they may require from you and to otherwise enable them to administer their relationship with you following any direct contact with you;
(iii) To provide to any law enforcement agency if any illegal or unlawful activity is suspected or is occurring;
(iv) To analyse the use of the Website and provide reports on Website usage to Suppliers and other parties;
(v) To improve the Website;
(vi) To communicate with you for any purpose relating to your use of the Website and in connection with these terms and conditions;
(vii) To enforce our rights and your obligations under these terms and conditions.

(b) Privacy Act: Personal information collected from or about you for the above purposes will be retained by us in our database at our premises. You have the right to access any personal information to review that information and to correct or delete any personal information from the database. You can do this by logging onto www.dumpit.co.nz and reviewing and changing your details on line. If, for any reason, you are unable to do this, you can call us on +64 9 300 7331 or email us at database@dumpit.co.nz.

(c) Ownership: Except as is otherwise prohibited at law and subject to other proprietary rights, all information and data collected by us in the course of operating the Website (including all information relating to users of the Website, transactions on the Website and Website statistics) will be owned by us.

(d) Authorisation: We are authorised by you to collect and use your personal information for the purposes noted in this clause.
 

  7 INTELLECTUAL PROPERTY
 

(a) All intellectual property rights (including moral rights) in the Website (including copyright in all text, graphics, logos, software and icons) are owned by or licensed to us. You may not copy, adapt, store, distribute or reproduce any part of the site including its getup and feel without our prior written approval (which we may withhold in our absolute and unfettered discretion).
 

  8 LIABILITY
 

(a) Supplier responsibility: Suppliers are solely responsible for, and liable in respect of, all matters relating to or in connection with Products or the sale of them through www.dumpit.co.nz. This includes dealing with Product claims, refunds or returns you may wish to make and any other issues involving Products sold to you over the Website.

(b) Exclusion and Limitation: We have no liability to you (whether you are purchasing or selling Products) whatsoever howsoever arising whether in respect of the Products or any matter in connection with the Products or in relation or connection with the Website or otherwise. Without limitation this includes direct or indirect losses, loss of profits, corruption or loss of data, loss of opportunity and loss of business. If contrary to the above, we are found liable to you, the maximum amount of our total liability to you in aggregate for any and all claims is $100.

(c) Waiver: In using the Website, you irrevocably waive all of your rights and claims against us, our employees and agents of whatever nature and howsoever arising to the fullest extent possible at law.

(d) Indemnity: You irrevocably agree to indemnify, and keep indemnified, us promptly and fully from and against any and all actions, proceedings, claims, demands, requisitions, orders, expenses, costs (including those of our solicitors), losses, damages, liabilities or obligations for which we may become liable or which we may incur or suffer of any nature whatsoever arising out of or in connection with your use of the Website or enforcing or attempting to enforce our rights and remedies against you including (without limitation) our solicitors’ costs on a solicitor/client basis.

(e) Use of Website at your own risk: transactions and all other contracts and activities between you and Suppliers (and vice versa) are conducted entirely at your own risk.

(f) Without limitation, we give no undertakings, representations or warranties in relation to Products listed or sold listed on the Website including about the: (i) Accuracy or truth of Product listing information; (ii) Ownership of or title to any Products; (iii) Content, safety, description, quality and legality of Products; (iv) Fitness for purpose of any Products; and (v) Reputation of Suppliers or their ability to complete a sale transaction.

(g) Links to Supplier sites: The inclusion in the Website of links to other websites (including Suppliers’ websites) does not imply any endorsement, approval or recommendation of, or responsibility for, the contents, products or operations of those sites or the operators of those sites. We take no responsibility or liability for any loss or damage suffered by you as a result of your access of such websites or use of information on such websites or otherwise.

(h) Site Accessibility and System Integrity:
(i) We will use all reasonable efforts to make available the Website to you and to prevent the corruption or loss of data held by us and the transmission of viruses. However, we take no responsibility for and have no liability for any unavailability of the Website, corruption or loss of data or transmission of viruses or losses relating to these events. In particular, we take no responsibility or liability for any events which are outside our reasonable control including communications and hardware failures relating to the Website.
(ii) The Website is controlled and operated from within New Zealand. We make no representation or warranty that the Website or its content is appropriate, available or lawful for use in other countries. If you access the Website from outside New Zealand, you are responsible for ensuring your own compliance with all laws.
 

  9 CONSUMER GUARANTEES ACT
 

(a) If you are using the Website for business purposes, you agree, for the purposes of the Consumer Guarantees Act 1993 (“Act”), that you are doing so and that that Act will not apply to you.

(b) Subject to the preceding paragraph, nothing in these terms and conditions limits or affects any rights you may have under the Act in respect of use of Website and your dealings with www.dumpit.co.nz.
 

  10 GENERAL STUFF
 

(a) Use: You can only use the Website to search for, buy or sell Products in accordance with these terms and conditions. There are more terms for Suppliers to comply with which are contained within the “Supplier’s Terms and Conditions”. Those conditions form part of these terms and conditions and are binding on Suppliers.

(b) Usernames/Passwords/Personal Identification Numbers: You are the only person that is responsible to securely maintaining the confidentiality of your account and PIN and any passwords or security identification. You must maintain a current, operational and secure e-mail address and must regularly check for and reading e-mails from us so that we can notify you of updates to our services and provide information. We are not responsible if others can access that email account and obtain your account information or you fail to receive, read or act on any email that is sent to you.

(c) Good faith: You must always act in good faith in using www.dumpit.co.nz and transacting through the Website.

(d) Communications: In using the Website to search for and/or purchase Products you must:
(i) Communicate with us and Suppliers for bona fide purposes only (e.g. to search for, or enquire about, Products or enquire about use of the Website);
(ii) Not engage in any offensive or illegal communications or purposes over the Website;
(iii) Not use the Website to communicate with Suppliers with a view to purchase products from Suppliers otherwise than through the Website.

(e) Personal/Business: The Website may be used for personal or business use.

(f) Comply with Instructions and Processes: You must comply with any directions given to you by www.dumpit.co.nz regarding your use of the Website. You must also comply with the processes and procedures contained in the Website. www.dumpit.co.nz may stop or restrict your use of the Website (at our sole discretion) if you fail to comply completely with our directions or any of these terms and conditions.

(g) No damage/interference: You must not, and must not attempt to, damage, interfere with or harm the Website or any network or system underlying or connected to it, whether by using a robot, spider, software or other automated means of access to the Website or information featured on it or otherwise, for any purpose.

(h) Residence: Suppliers and purchasers must be resident in New Zealand.

(i) Entire Agreement: These terms and conditions (together with the Supplier’s Terms and conditions if you are a Supplier) contain all of the terms, representations conditions and warranties made between us. Nothing else applies.

(j) Amendments: Except as otherwise expressly provided in these terms and conditions, no amendment of these terms and conditions will be effective unless it is in writing and signed by us.

(k) Waiver: No waiver by of us of any breach of these terms and conditions will be considered as a waiver of any subsequent breach of the same or any other provision, and no waiver will be binding on us unless it is given by us in writing.

(l) Assignment: We may assign the benefit of these terms and conditions to any party without obtaining your consent. You cannot assign your rights or benefits under these terms and conditions.

(m) Governing Law: These terms and conditions and your interaction with buyers suppliers and www.dumpit.co.nz are governed by New Zealand law. We each submit to the exclusive jurisdiction of the courts.

(n) Currency: A reference in these terms and conditions and the Website to currency, dollars or $ means the lawful currency of and all amounts payable are payable in New Zealand Dollars.

(o) Use of words such as “including” and similar terms does not imply limitation.
 

  11 DEFINITIONS
 

(a) “Products” means products listed and advertised for sale on the Website by Suppliers.

(b) “Supplier” means a company or person who promotes or advertises any Products for sale on the Website.

(c) www.dumpit.co.nz means Online Business Ventures Ltd trading as www.dumpit.co.nz at New Zealand.

(d) “We”, “us”, “our” means Online Business Ventures Limited.

(e) “Website” means the website at www.dumpit.co.nz, and, where the context permits or requires, includes all services provided by www.dumpit.co.nz via the website or in connection with the website.

(f) “You”, “your” means any person who uses the Website to search for and/or purchase and/or sell Products as the context requires.