Agmatch Limited and Agwoolnz Limited Terms of Use

These terms of this policy are effective 1st July 2014

Introduction

Welcome to www.agmatch.com (“Agmatch”). By accessing the Agmatch site you are agreeing to the following terms, designed to make sure that Agmatch works seamlessly for everyone. Agmatch Ltd, 12 Paul Street, Waimate 7924 New Zealand .

Using Agmatch

By accessing the Agmatch site you agree that you will not:

  • violate any legal laws or violate the postings requirements
  • post any threatening, abusive, defamatory, obscene or indecent material;
  • be false or misleading or infringe any third-party right;
  • distribute chain letters, pyramid schemes or any data that contains spam.
  • distribute viruses or any other technologies that may harm Agmatch or the interests or property of Agmatch users;
  • impose an unreasonable load on our infrastructure or interfere with the functional
  • working of Agmatch;
  • copy, modify, or distribute any other person’s content without their consent;
  • use any robot spider, scraper or other automated means to access Agmatch and collect content for any purpose without our express written permission;
  • harvest or otherwise collect information about others, including email addresses, without their consent;
  • bypass measures used to prevent or restrict access to Agmatch.
  • You are solely responsible for all information that you submit to Agmatch and any consequences that may result from your post.

We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user’s access to the site either temporarily or permanently, or refuse registration entirely.

Abusing Agmatch or its members or the public.

Agmatch and the Agmatch community work together to keep the site working properly and the community safe.

Please report problems, offensive content, and policy breaches to us by phone 021 337 626 or email support@agmatch.com.

Without limiting other remedies, we may issue warnings, limit, or terminate our service, remove hosted content and take technical and legal steps to deny user access to Agmatch, if we think that they are creating problems or acting inconsistently with our policies. Aside from denying user access we do not accept any liability for monitoring Agmatch or for unauthorized or unlawful content posted on Agmatch by users.

Global Marketplace

Some Agmatch features may display your ad on other sites that are part of the global Agmatch community, such as Agmatch sister sites or our classified’s sites in other countries.

By using Agmatch, you agree that your ads can be displayed on these other sites;

  • The terms for our other sites are similar to these terms, but you may be subject to additional laws or restrictions in the countries where your ad is posted.
  • If you choose to post your ad on another site, you may be responsible for ensuring that it does not violate our other site policies.
  • We may remove your ad from our sites if it is reported or if we believe it causes problems or violates any law or policy.

Fees and Services

Using Agmatch is by paid membership, there may be however additional charges or fees for certain services.

  • If the service you use incurs a fee, you’ll be able to review and accept terms that will be clearly disclosed at the time you use that service.
  • Our fees are quoted in New Zealand Dollars, and are subject to change from time to time. We’ll notify you of changes to our fee policy by posting such changes on the site.
  • We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.
  • Our fees are non-refundable, and you are responsible for paying them when they’re due. Failure to do so may result in limited use of services.
  • If your payment method fails or your account is past due, we may collect fees owed using other collection organisations.

Content.

Agmatch contains content from us, you, and other users.

  • Agmatch is protected by copyright laws and international treaties. Content displayed on or via Agmatch is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from Agmatch without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Agmatch.
  • Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Agmatch (other than your own content).
  • When providing us with content or causing content to be posted using our services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and other intellectual property rights you have in the content, in any media known now or developed in the future.

Infringement

  • Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale).
  • A large number of varied products are offered on Agmatch by private individuals in New Zealand. Entitled parties, in particular the owners of copyright, trademark rights or other rights owned by third parties can report any offers which many infringe on their rights, and submit a request for this offer to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Agmatch.

Reporting an infringement

In order to participate in the Notice of Infringement Programme, you only need to complete a Notice of Infringement Form, scan and email it to Agmatch.

You can use this form, complete with your signature, to report advertisements which may infringe on your property rights. The information requested in the Notice of Infringement Form is for the purpose of ensuring that the parties reporting these objects are either the entitled party or their officially authorized representative. This information must also enable Agmatch to identify the advertisement to be removed. Once we have received your correctly completed Notice of Infringement Form, you can simply send later reports to Agmatch via the e-mail address provided.

Note: This form can only be used by the lawful owners of the intellectual property rights. “Notice of Infringement” is intended to ensure that products offered do not infringe the copyright, trademark right or other intellectual property rights of third parties. For all other questions, visitors and advertisers you can contact us support@agmatch.com

Liability

Nothing in these terms limits our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees. It is agreed that members not to hold us responsible for data other users post or actions taken by other users.

We do not review users’ postings and are not involved in the actual transactions between users. As most of the content on Agmatch comes from members, we do not guarantee the accuracy of postings, user communications or the quality, safety, or legality of what’s on offer.

Under no circumstances do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.

We cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, it is not guaranteed and we do not give any promises or warranties (whether express or implied) about the availability of our services. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, including monetary (including profit), goodwill, reputation or any special, indirect, or consequential damages arising out of your use of Agmatch, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 New Zealand Dollars.

Personal Information

By using Agmatch, you agree to the collection, transfer, storage and use of your personal information by Agmatch on servers located in the New Zealand and Australia and elsewhere as further described in our Privacy Policy.

You also agree to receive marketing communications from us unless you tell us that you prefer not receive such communications.

Resolution of disputes

If a dispute arises between a member and Agmatch, we strongly encourage you to first contact us directly in order to seek an agreed resolution email support@agmatch.com  We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

General

These terms and the other policies posted on Agmatch constitute the entire agreement between Agmatch and you, superseding any prior agreements. To the extent permitted by applicable law, this Agreement shall be governed and construed in all respects by the laws of New Zealand.

You agree that any claim or dispute you may have against Agmatch Limited must be resolved by the courts of New Zealand.

You and Agmatch both agree to submit to the exclusive jurisdiction of the New Zealand Courts; for claims falling within the jurisdiction of a District Court, you and Agmatch both agree to submit to the jurisdiction of the District Court of Dunedin.

If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.

Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to Agmatch Limited c/o – Markhams, 2 Clarke St, Dunedin, New Zealand.

We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.

We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the site, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.