www.postanote.co.nz

Postanote.co.nz

Terms of Use Agreement

This Agreement is effective 1 January, 2017.

1. Introduction

   Welcome to Postanote.co.nz, a division of Allied Press Ltd.

   This Agreement is designed to ensure a positive, family-friendly, informative and safe experience for all our users.

   Throughout this Agreement, “we” “us” or “our” refers to "POST A NOTE 2014 LIMITED" and its divisions, subsidiaries, or assigns.

2. Application of Agreement

   Before accessing or using the Postanote.co.nz website services, tools, or applications (collectively, our “Services”), you must read and accept the terms of this Agreement.

3. License

   If you are the legal age of majority in your home jurisdiction, we offer to grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access and use our Services in compliance with this Agreement.

4. Included Policies

   The following policies are incorporated into and form a part of this Agreement:

   1. Posting Policy
   2. Prohibited Items and Services Policy
   3. Privacy Policy

   [the "Policies"]

   As a condition of your use of our Services, you agree to abide by the terms of this Agreement and the included Policies.

5. Using Our Services

   Without limiting the application of this Agreement and the included Policies, as a condition of accessing or using our Services you agree that you will not:

   1. Violate any laws, third party rights or our Posting Policy
   2. Post any item or service listed in our Prohibited Items and Services Policy
   3. Continue to use our Services if you have been suspended from using our Services;
   4. Interfere with any other user’s posts;
   5. Post infringing, unlawful, false, inaccurate, misleading, defamatory or obscene content;
   6. Collect other users’ personal information, including but not limited to email addresses, IP addresses and telephone numbers;
   7. Solicit other users except by posting content in compliance with this Agreement and the included Policies; or
   8. Send a message to a seller for any reason other than expressing genuine interest in purchasing their item or service.

6. Privacy

   Our Privacy Policy explains how we handle your personal information and protect your privacy. As a condition of using our Services, you consent to our collection, use and disclosure of your personal information in accordance with our Privacy Policy.

7. Services and Fees

   Using our Services is generally free of charge. We may charge a fee for certain services, and when we do, you will have the opportunity to review and accept that charge. Any fees are non-refundable and payable when due. All fees and items are listed in New Zealand dollars.

8. Content

   By using our Services to post content, you automatically grant and assign to us, and you represent and warrant that you have the right, power and authority to grant and assign to us, a non-exclusive, unlimited, fully paid, worldwide, perpetual, irrevocable, royalty-free, fully sublicensable licence to exercise any and all copyright, trademark, publicity, and database rights you have in such content, in any media known now or in the future, and you waive any and all moral rights in such posted content.

   You also expressly grant and assign to us all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use, or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post).

9. Advertising, Third Party Content and Links to other Websites

   Some of our Services are supported by advertising revenue and we may permit third parties to display advertisements and promotions to you when you use our Services. In addition, our Services may utilize or contain links to other third party sites, including social networking sites.

   We have no control over, and assume no responsibility for, such third party advertisers or third party sites or the content, privacy policies, or practices of such advertisers or sites. You are subject to the policies of such third parties when and where applicable.

   By using our Services, you agree that we may place advertising in our Services and that you will not hold us responsible or liable for any loss or damage of any sort incurred by you as a result of the presence of such advertisers, your subsequent dealings with advertisers, or your use of any third party site accessed through our Service.

10. Disclaimer of Warranties

    We try to keep our Services safe, secure, and functioning properly. You acknowledge that we cannot guarantee the continuous operation of or access to our Services. You further acknowledge that operation of and access to our Services may be interfered with as a result of technical issues or numerous factors outside of our 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 FULLEST EXTENT PERMITTED BY 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.

11. LIMITATION OF LIABILITY

    TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE 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 THE USE OF OUR SERVICES, WHICH INCLUDES, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE FOLLOWING:

    1. YOUR USE OF OR YOUR INABILITY TO USE OUR SERVICES;
    2. DELAYS OR DISRUPTIONS IN OUR SERVICES;
    3. VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY USING OUR SERVICES OR ANY SITE, SERVICES, APPLICATIONS OR TOOLS LINKED TO OUR SERVICES;
    4. GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN OUR SERVICES OR IN THE INFORMATION AND GRAPHICS OBTAINED FROM THEM;
    5. DAMAGE TO YOUR HARDWARE DEVICE(S) OR LOSS OF DATA THAT RESULTS FROM THE USE OF OUR SERVICES;
    6. THE CONTENT, ACTIONS, OR INACTIONS OF THIRD PARTIES, INCLUDING WITHOUT LIMITATION:
    1. ITEMS OR SERVICES OFFERED OR PROVIDED BY THIRD PARTIES USING OUR SERVICES; OR
    2. PAGES CACHED BY THIRD PARTIES.
    7. A SUSPENSION, TERMINATION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR ACCOUNT;

    REGARDLESS OF THE ABOVE, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) 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 (B) $100

12. INDEMNITY

    YOU WILL INDEMNIFY AND HOLD US (AND OUR AFFILIATES AND SUBSIDIARIES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LAWYERS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF OUR SERVICES, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

13. RELEASE

    IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE US (AND OUR AFFILIATES AND SUBSIDIARIES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) FROM CLAIMS, DEMANDS, AND DAMAGES (WHETHER DIRECT, ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

    IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOUR AT THE TIME OF AGREEING TO THIS RELEASE.

14. Access and Interference

    You agree that you will not use any robot, spider, scraper, crawler, or any other automated means to access our Services for any purpose without our express written permission.

    Additionally, you agree that you will not:

    1. Take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
    2. Copy, reproduce, aggregate, reverse engineer, modify, create derivative works from, distribute, sell, transfer, or publicly display any of our Services, any content posted on our websites (except for your content) or any of our copyrights or trademarks without prior express written permission from us and any appropriate third party, as applicable;
    3. Interfere or attempt to interfere with the proper working of our Services, or any activities conducted on or with our Services; or
    4. Bypass any measures we may use to prevent or restrict access to our sites.

    Exception for Internet Search Engines and Public Archives

    As a limited exception to paragraph (b) above, general purpose Internet search engines and non-commercial public archives may access our Services without a separate written agreement provided that they:

    1. Provide a direct hyperlink to the relevant website, forum, content or other Services;
    2. Access our Services from a stable IP address using an easily identifiable agent; and
    3. Comply with our robot.txt file.

    However, we may terminate this limited exception as to any search engine or public archive (or any person or entity relying on this limited exception to access our Services without a separate written agreement with us) at any time and in our sole discretion, upon written notice, including, without limitation, by email notice

    Exception for RSS Feeds

    As a limited exception to paragraph (b) above, you may download information from one of our RSS Feeds provided that either:

    1. You only do so for personal use or in conjunction with a non-commercial website (a website that generates no revenue), or
    2. You enter into a separate written agreement with us.

15. Modification or Termination of Service

    We reserve the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, our Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Services.

    In addition to all other rights and remedies available to us under this Agreement or by law, we may, in our sole discretion, terminate or suspend your access to and use of the Services (or any part thereof) without cause and without notice.

16. No Agency

    No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.

17. Notice

    You agree to send all legal notices to us by registered mail to the following address:

    Postanote.co.nz
    c/o General Manager
    52 Stuart Street, Dunedin 9016
    New Zealand

    You consent to us sending you legal notices to the email address you provide to us. Legal notices by email will be deemed received 24 hours after sending. We may also send you legal notices by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.

18. General

    Severability

    If any provision of this Agreement is found invalid or unenforceable, such provision shall be severed from this Agreement without invalidating the remainder of the Agreement, and the Agreement shall be interpreted so as to give effect, to the extent possible, to the original intent of the Agreement including the offending provision.

    Assignability

    This Agreement is personal to you and your rights and obligations under this Agreement may not be assigned, sub-licensed or otherwise transferred. We may assign this Agreement to a third party.

    No third party beneficiaries

    You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to the Terms.

    Governing law

    This Agreement shall be governed and construed in accordance with the laws of New Zealand and applicable therein.

    The parties irrevocably attorn to the jurisdiction of the courts of British Columbia, which shall have the exclusive jurisdiction to settle any dispute arising in connection with this Agreement.

    Notwithstanding the above, for our exclusive benefit, we retain the right to bring proceedings in connection with this Agreement in the courts of the country of your residence or, if applicable, your principal place of business.

    Non-Waiver

    Our delay or omission in requiring performance of your obligations under this Agreement shall not operate as a waiver of any of our rights under this Agreement.

    Amendments

    We may amend this Agreement or the included Policies from time to time. When we do so, we will put a notice on our websites. All amendments shall become effective within 30 days of such notice.

    Entire Agreement

    This Agreement, including the incorporated Policies, sets forth the entire understanding and agreement between you and us with respect to the subject matter of this Agreement.

    Survivability

    Sections 6 (Privacy), 7 (Service and Fees), 8 (Content), 9 (Advertising, Third Party Content and links to other Web Sites), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 12 (Indemnity), 13 (Release), 15 (Modification or Termination of Service), 17 (Notice), and 18 (General) shall survive any termination of this Agreement.

Posting Policy

We allow one ad per item or service on the website which is active for 180 days.

Posting by minors under the age of 16 is not allowed. Minors must have their guardian post content on their behalf and the guardian must act as the primary contact.

We reserve the right to remove any listing that we feel are not relevant or of any value to our users, with or without notice.

We reserve the right to remove listing without refund if we feel that our policies or Terms of Use are regularly or deliberately breached.

We reserve the right to restrict the use of Postanote.co.nz from those who regularly break our Posting Policy.

You are responsible for marking your listing as “sold” immediately upon the sale of the item advertised. Instructions on how to mark your listing as sold are found here on the Help page.

Further, you agree to NOT:

• Place multiple listing for the same item or service in more than one city on the website
• Place multiple listing for the same item or service by placing it in multiple categories on the website
• Create multiple accounts or use multiple email addresses to post the same item or service
• Mark listing as “sold” prior to its expiry date and then post a new listing for the same item or service
• Delete content of the listing once sold
• Knowingly place listing into the wrong category
• Post listing in a used goods for sale category for anything other than an item for sale - no exceptions
• Promote bidding of an item through a competitive website
• Post the same item or service in such a way as to monopolize the Latest Ads list
• Post inappropriate, offensive or illegal content
• Post an listing that defames an individual or business
• Post items or services listed in our Prohibited Items and Services Policy
• Post copyrighted content (i.e. photos) or sell copyright material unless you have the copyright owner's permission
• Post website links in the title, picture or description of your listing (there is a specific field for this)
• Post website links in your listing to affiliate programs
• Post website links in your listing to other items listed for sale
• Post listing on this site if your usual country of residence is not NEW ZEALAND
• Post items for sale that are not located in NEW ZEALAND
• Post items for sale that you are not in possession of (items that are custom order must be declared along with a deposit request if it is required)
• Post listing for goods you know to have been stolen
• Fill in the email address field with a fake email address
• Answer untruthfully when prompted for “Is this item new?”, “Are you a commercial seller?” and when asked to specify your location
• Engage in keyword spamming
• Solicitate sellers in order to promote a commercial business

In addition to these general rules, below are some specific category and type of advertiser rules that you need to be aware of. These will help you understand what rules apply to your ad.

Business Services

Businesses are limited to one listing per website when advertising their services. These listing must be listed in the “Services” category. You are welcome to include a link to your website in the “Website Link” field when placing your ad. Please do not put your website address in the title, picture or description of your listing.

Commercial Sellers

You are welcome to post listings for individual items. The title, price, description and photos (if applicable) must match. Commercial sellers may be limited to 25 listings per day and must select the commercial seller indicator when placing an listing. You are welcome to include a link to your website in the “Website Link” field when placing your listing. Please do not put your website address in the title, picture or description of your listing.

Free Category

In order for your listing to be placed in this category, you must check the “free” indicator when placing your listing. This category is reserved for those who genuinely want to give their item away for free. Items wanted for free should be placed in the applicable category of the item with the “wanted” indicator checked. The free category is for items only. Please do not post any free services in this category; free services must be posted in the “Services” category. We will remove any listings in this category with a price associated with it.

Job Category

This category is reserved for those wishing to hire or for those looking for a position. Listings for business services are to be posted in the “Service” category. Those who are seeking a job must check the “wanted” box. The following types of jobs are prohibited from our site:

• Listings that do not state what type of work would be required
• Listings requesting a photo from applicant
• Listings involving sexual or illegal activities
• MLM (Multi-Level Marketing) jobs (these are to be posted in “Services>Business Opportunities & MLMs” category)
• Pyramid schemes and jobs that require payment upfront
• Medical trials
• Listings that contain links to recruitment websites
• Listings that require registration or charge a fee for receiving further information

If you are a recruitment agency, please identify yourself as such.

We do not permit vague listings for models or acting jobs. Registered modeling or acting business are free to post but must include company details.

Requests for models by artists and photographers are not permitted. We suggest contacting local art colleges and academies.

MLM (Multi-Level Marketing)

We do not allow vague listings for business opportunities. Your listing needs to include the name of the company, a description of what the company does, and the details concerning the product or service you are offering. These types of listings need to be posted in the “Services > Business Opportunities & MLMs” category.

You are welcome to include a link to your website in the “Website Link” field when placing your listing if the website provides additional information on the product or service you are offering. However, the link you provide cannot simply be a website that directs our users to a page where they must provide their contact details in an effort to receive additional information. Please do not put your website address in the title, picture or description of your listing.

Pet Category Postings

As of 23 January, 2017, the sale of domestic pets on Postanote.co.nz is prohibited. Small re-homing or adoption fees are encouraged, but listings from breeders or those suspected of profiting from the sale of pets are not allowed.

There are many reputable breeders who operate in a responsible and humane way. However, Postanote.co.nz is unable to distinguish between responsible breeders and those profiting from the sale of pets with little regard for animal welfare, including overpopulation.

Please adhere to these rules when posting a pet listing:

• We do not allow the sale of pets from commercial sellers, breeders or anyone suspected of profiting from the sale of pets
• We do not allow any postings of dogs or cats less than eight weeks of age unless they are from a registered non-profit welfare agency and their birth date and re-homing date are clearly stated
• We do not allow posting for upcoming litters that are not born yet
• Date of birth must be clearly stated in the ad
• You may only post in a city located in your province of residence
• Shipment of pets is not permitted
• Photos must be provided and must be of the pet(s) you are rehoming
• No breeding or studding services for domestic pets
• Please note: pet postings may not be renewed. If your pet has not been rehomed within 30 days, please post a new ad

All listings posted or edited in our Pet category will be viewed by a live moderator within 48 hours. Please do not repost your listing during this time. This allows us the opportunity to ensure only listings that meet our Pet Posting Policy are allowed. If you see a pet posting you suspect is from someone profiting from the sale of a pet, please use the “Report Ad” button.

We will, at our discretion, with or without notice, remove any listings that we believe indicate signs of animal cruelty or if we suspect sellers of profiting from the sale of pets.

Upon request, Postanote.co.nz may release your personal contact information, photographs, and any other animal related information to authorities, as permitted by law.

Real Estate Category

NZ Tenancy law rights and responsibilities can be found here:

https://tenancy.govt.nz/starting-a-tenancy/new-to-tenancy/key-rights-and-responsiblities/

We ask that property owners and managers posting listings for rentals do not contravene any NZ Tenancy laws in the description of their post.

You are welcome to include a link to your website in the “Website Link” field when placing your listing. Please do not put your website address in the title, picture or description of your post.

Wanted Listings

Please only post about what is wanted. Listings that incite a sense of obligation to give to or buy from a seller will be removed.

Prohibited Items & Services Policy

We reserve the right to edit or delete content on this site for any reason whatsoever including, but not limited to, content deemed obscene, illegal, immoral, sexually explicit or anything deemed not family-friendly, as well as political content or content promoting competing websites. Additionally, the sale of items restricted by local or national laws or deemed unsafe are not permitted.

For legal, safety or community reasons, the following items and services are not permitted on the Postanote.co.nz website:

• Adult–only products, pornography and services
• Alcohol
• Baby walkers that fail to meet ASTM F977-03 standards
• Blood, bodily fluids, body parts
• Car seats that do not meet NZ laws
• Child pornography
• Counterfeit, unauthorized replicas and trademarked items
• Counterfeit currency, stamps or coins
• Embargoed goods
• Exotic and restricted animals
• Fertility, surrogacy and donor services
• Fireworks and explosives
• Government & Transit Uniforms, IDs and Licenses and related articles
• Hazardous materials
• Health, weight and skin care prodcuts not approved by NEW ZEALAND law
• Illegal drugs or drug paraphernalia
• Illegal services
• Legal Notices
• Loans from unregistered financial services
• Lottery tickets and slot machines
• Massage services posted by non Registered Massage Therapist (RMT)
• Obscene and offensive material
• Pesticides
• Pet listings from breeders or anyone profiting from the sale of pets
• Photos or images that contain nudity
• Prescription and over-the-counter drugs and devices
• Recalled items
• Recording/Surveillance devices used to record private actions of others without their knowledge
• Satellite products that violate any NZ law
• Stocks and other securities
• Stolen property
• Tobacco and related items
• Unsafe and non-compliant electrical and gas products. For more details click here
• Used cosmetics
• Wanted listings that incite a sense of obligation to give to or buy from a seller
• Weapons and related Items restricted by NZ Law

Prohibited Weapons and Related Items

We reserve the right to edit or delete content for any reason whatsoever including, but not limited to, “restricted” items. Postanote.co.nz defines “restricted” as anything that has rules governing the sale of the item.

As we are not able to monitor the sale of these items, they can NOT be posted on our sites.

• Airsoft rifle
• Ammunition
• Antique firearm
• Bayonet
• BB gun
• Blow gun
• Brass knuckles
• Butterfly knife
• Crossbows
• Firearm
• Kusari
• Magazine
• Manrikigusari
• Morning star
• Nunchaku
• Pellet gun
• Pepper/Bear spray
• Push dagger
• Reloading supplies
• Replica gun
• Samurai sword
• Shuriken
• Silencer
• Spike wristband
• Steel whip
• Stun batons
• Stun gun
• Switchblades
• Tear gas

Prohibited Tobacco and Related Items

Tobacco products and other related items are controlled by law. As such the following are not permitted on our site. These items include, but are not limited to:

• Bongs
• Cigarettes
• Cigars
• E-Cigarettes and related products
• Loose tobacco
• Tobacco plants

Car Seats That Do Not Meet an Approved Standard

All child restraints must meet an approved standard. This ensures a restraint's design and construction are laboratory tested under crash conditions and provide the best protection when used according to manufacturer’s instructions.

All approved child restraints display standard markings to show they are approved. Look for a child restraint that shows either:

• A tick mark (indicates the restraint meets the joint New Zealand/Australian Standard AS/NZ 1754)
• An 'E' mark (indicates the restraint meets the European Standard ECE 44) – the number on the circle will vary depending on the country of certification.
• Or, look for a restraint that complies with the United States Standard FMVSS 213.

In order for a car seat ad to be displayed on our site, confirmation that the seat meets approved standards is required by posting a photo of the decal in your ad.

Any car seat listed on our site is held and reviewed by our Moderation Team for up to 48 hours.

For further information, visit the NZ Transport Agency website.