| 1. |
These Terms and Conditions |
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| 1.1 |
Acceptance of terms and conditions |
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These terms and conditions are the terms on which Online Services International offers you
access to the
FindSomeone
services and web site. By registering as a member you accept these terms and
conditions, as amended by us from time to time. If you do not accept these
terms and conditions, you must not use the services.
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| 1.2 |
Amendment of terms and conditions |
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These terms and conditions may be amended in whole or in part by Online
Services International 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 current terms and
conditions. Your use of the services or this web site represents your agreement
to be bound by the terms and conditions as amended.
These terms and conditions were last updated on 23rd August 2007.
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| 1.3 |
Terminology |
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In these terms and conditions, the following expressions have the following
meanings:
"member" means any registered member of
FindSomeone
including gold members.
"Online Services International", "we", "us", and "our" are
references to Online Services International Limited and Trade Me Limited.
"profile" means the profile you submit to
FindSomeone
from time to time.
"services" means any one or more of the services offered by Online
Services International from time to time, including message boards and any other
service that Online Services International may offer (including in conjunction with Trade
Me).
"Trade Me" means Trade Me Limited.
"you" and "your" are references to you the member.
"web site" means any Online Services International or Trade Me website through which
the services are offered, including (without limitation)
findsomeone.co.nz, findsomeone.com, findsomeone.com.au, findsomeone.ca, fso.co.nz,
personalstuff.co.nz, trademe.co.nz.
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| 2. |
General Rules
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| 2.1 |
You may not join this web site if: |
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| a. |
You cannot form a legally binding contract. By registering as a member, you
warrant to us that you can form a legally binding contract. In any case, you
must be at least 18 years old to become a member.
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| b. |
You have ever been convicted of a violent or sexually related criminal offence.
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| c. |
You have previously been banned from using this or any other Online Services International
web site, or any similar service offered by Online Services International or any third party.
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| d. |
You are directly or indirectly involved (in any capacity) in the operations of
a service that competes with the services.
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| e. |
You are currently in a marriage or long term relationship.
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| f. |
You are not currently living in Canada.
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| 2.2 |
Online Services International employs staff to monitor profiles and photos. Without limiting
any other remedies available to us, we reserve the right at any time to suspend
or remove you, your profile and any content you submit from the web site at our
sole discretion. If we do remove your profile or any content you submit we will
not be liable to you in any way.
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| 3. |
Specific warnings
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| 3.1 |
You are solely and legally responsible for:
| a. |
the content and legality of all information contained in your profile;
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| b. |
the content and legality of any material, including photos and messages, you
post to or enter on the web site;
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| c. |
all of your communications with and behaviour towards other members; and
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| d. |
compliance with all applicable laws at all times when using the services and/or
the web site or in circumstances arising out of your use of the services and/or
the web site.
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Online Services International is not responsible for any profile or other content posted or
entered on the web site.
You should not include any identifying information or illegal or unlawful
information in your profile.
Information you provide in your profile may be published through any of Online
Services International's network of web sites.
We reserve the right to store any information you enter, even if deleted from
tools provided on the web site.
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| 3.2 |
You make contact with other members entirely at your own risk. You are legally
responsible for your own actions. You agree that Online Services International has no
responsibility or liability for any actions of you or other members including,
without limitation, members that have registered under false pretences or who
attempt to defraud or harm you. Online Services International is not responsible for ensuring
members comply with these terms and conditions.
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| 3.3 |
You must not communicate with, or attempt to communicate with, any person who
has indicated that he or she does not wish to communicate with you or to
continue to communicate with you.
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| 3.4 |
Online Services International may be requested to assist in any prosecutions or other
proceedings brought by members or third parties against other members and will
do so if required by law or if we believe a member has breached our terms and
conditions. You agree to us providing such assistance, including the release of
any relevant information we may hold about you.
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| 3.5 |
Members may not be who they say they are. Although we employ technology and
staff to protect members, Online Services International is unable to confirm that any member
on this web site is who they say they are. You must therefore exercise caution
when dealing with other members. As an Internet-based service, there are risks
of members misrepresenting themselves or presenting themselves under false
pretences. This includes misrepresentations about age, gender, marital status
or any other attribute which we ask the member to provide. It is also possible
that members from other countries will access this service. It may not be
practically possible for Online Services International to enforce these terms and conditions
against such members.
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| 3.6 |
Without limiting any right that we may have, we may, at our sole discretion,
edit, modify, or delete content from your profile, delete any other content or
material you have posted to the web-site, or suspend or cancel your membership
if we believe that content entered creates, or may create, liability for Online
Services International or if we believe the information to be inappropriate or if we believe
you have breached these terms and conditions. We are not liable to you if we
exercise any of these rights, including cancellation of any type of membership.
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| 3.7 |
Online Services International reserves the right to decline to register or to suspend or
terminate your membership without entering into further discussions with you.
Without limiting the foregoing, Online Services International may terminate your membership
if:
| a. |
a serious complaint or multiple complaints are received about you from other
members,
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| b. |
you breach these terms and conditions,
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| c. |
you impersonate another member, or
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| d. |
if we, in our sole discretion, deem your behaviour to be unacceptable. |
Members who have registered under multiple aliases will have all of their
aliases disabled.
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| 4. |
Your obligations as a user and member
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| 4.1 |
You will provide complete and accurate personal information when registering to
use the service including your first names and surname. You will maintain your
personal information as supplied to us to keep it true, accurate and complete
at all times. Online Services International reserves the right to contact you from time to
time to verify your details.
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| 4.2 |
You agree to comply with all applicable laws when using the services and
dealing with other members.
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| 4.3 |
You are responsible for keeping your password secret and secure. Without
limiting the foregoing, you agree:
| a. |
not to permit any other person to use your user name and password; and
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| b. |
not to disclose, or provide to any other person, your password. |
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| 4.4 |
You will not attempt to damage or harm the web site or the services.
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| 4.5 |
You will not use the web site for commercial purposes or for the promotion of
any business.
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| 4.6 |
You will only interface with this website manually and through a web browser.
You are not permitted to programmatically or otherwise automatically interface
with this website. This includes "spidering" or interfacing for the purposes of
harvesting information from this website.
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| 4.7 |
You will not enter obscene, abusive, defamatory, threatening, harassing,
illegal or objectionable material on the web site. This includes messages,
images, the information in your profile or any other form of information that
can be entered on the website (including communications with other members).
Online Services International will be the sole judge of what is considered a breach of this
obligation. Online Services International reserves the right to refer such material to the
relevant authorities to consider prosecution, or to assist other members in the
prosecution of members.
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| 4.8 |
Members accounts, including gold members' accounts, are not transferable.
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| 4.9 |
You must not use the
FindSomeone
messaging system or message boards for the discussion of competing
services or any illegal or unlawful activity.
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| 4.10 |
You must not enter any contact or identifying information in your profile. This
includes, but is not limited to, your email address, phone number, physical
address, ICQ number.
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| 4.11 |
You must not disclose any details of any other members or disclose personal
information of others through the
FindSomeone
message boards, messaging system or otherwise.
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| 5. |
Fees and refunds
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| 5.1 |
Online Services International offers paid memberships. The fees specified on the web site are
payable in advance and are non-refundable. Fees paid will not attract credit
interest or other financial charges. In the event that you are removed from a
website for breach of our terms and conditions or for any other reason, your
remaining subscription will be lost and is not refundable.
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| 5.2 |
The fees specified on the web site include all applicable taxes, including
sales tax and consumption taxes such as goods and services tax (GST).
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| 5.3 |
Online Services International reserves the right to change the fees charged or introduce fees
for any of the services at any time. If we introduce a new service, the fees
for that service are effective at the launch of the service, unless otherwise
stated.
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| 6. |
Disclaimer
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You expressly understand and agree that:
| a. |
Your use of the web site and the services is at your sole risk. Online Services International
expressly disclaims, to the maximum extent permitted by law, all warranties,
express or implied, including, but not limited to, any warranties of
merchantability, fitness for a particular purpose, and non-infringement.
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| b. |
Online Services International makes no warranty, to the maximum extent permitted by law, that
i) the services provided will be uninterrupted, timely, secure, or error free,
ii) the information provided on the web site is error-free or reliable, iii)
the quality of any products or services obtained through the website will meet
your requirements, or iv) members are who they say they are.
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| c. |
No advice or information that is obtained by you from Online Services International or
otherwise shall create any warranty not expressly stated in the Terms and
Conditions.
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| d. |
Responsibility for the content of advertisements appearing on the 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 Online Service International's recommendation or endorsement of the advertised
product or service. Each advertiser is solely responsible for any
representation made in connection with its advertisement. |
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| 7. |
Limitation of Liability
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You expressly understand and agree that:
| a. |
Online Services International shall not be liable under any circumstances for any direct,
indirect, incidental, special, consequential or exemplary loss or damages,
including but not limited to damages for loss of profit, goodwill, use, data,
or other intangible losses that result from the service, or the inability to
access the service.
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| b. |
Online Services International shall not be liable for the cost of procurement of substitute
goods or services resulting from services provided by Online Services International.
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| c. |
Online Services International shall not be liable for the conduct or statements of members or
third parties in relation to the service. |
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| 8. |
Indemnity
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You agree to indemnify fully Online Services International and Trade Me from and against all
claims, liability, loss, costs and expenses (including the full amount of legal
costs) incurred or suffered by Online Services International or Trade Me in respect of or in
connection with:
| a. |
information contained in your profile;
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| b. |
any material, including (without limitation) photos and messages, you post to
or enter on the web site;
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| c. |
your communications with or behaviour towards other members;
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| d. |
any death, personal injury or damage to property you may cause;
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| e. |
your breach of these terms and conditions or any applicable laws.
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| 9. |
GENERAL PROVISIONS
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| 9.1 |
System integrity
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Online Services International will use its reasonable endeavours to ensure the availability
of the web site and services, subject to any downtime required for maintenance.
However, Online Services International 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, Online Services International assumes no responsibility for the
corruption of any data or information held by Online Services International.
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| 9.2 |
Resolution of disputes
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As Online Services International is not a party to any dispute between you and another
member, you agree:
| a. |
not to involve, or attempt to involve, Online Services International in any dispute or in the
resolution of disputes that arise between you and another member as a result of
the services provided; and
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| b. |
not to use the services or web site to engage in or attempt to resolve the
dispute. |
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| 9.3 |
Online Services International message boards
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Online Services International provides message boards for use by members. The
message boards may not be used to promote web sites or any
commercial, business, illegal or unlawful activity. Online Services International is not
responsible for any of the opinions or other information expressed in the
message boards. By posting a message to the message board
you take full legal responsibility and liability for your comments,
including for offensive or defamatory statements, and indemnify Online Services International
for any liability it may incur in relation to your comments.
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| 9.4 |
Force Majeure
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Online Services International has no liability for any lack of performance, unavailability or
failure of the services or the web site, or for any failure of Online Services International
to comply with these terms and conditions where the same arises from any cause
reasonably beyond the control of Online Services International.
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| 9.5 |
No Waiver
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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.
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| 9.6 |
Partial Invalidity
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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.
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| 9.7 |
Governing Law
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These terms and conditions and your membership are governed by the laws of New
Zealand. You submit to the non-exclusive jurisdiction of the Courts of New
Zealand.
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| 9.8 |
Intellectual Property Rights
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Online Services International (and its licensors or suppliers, as the case may be) owns all
intellectual property rights and other proprietary 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 the web site; or
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| b. |
commercialise, copy or on-sell any information or items obtained from any part
of the web site. |
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| 9.9 |
Entire agreement
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These terms and conditions, our privacy policy and the code of ethics supersede
all previous conditions, understandings, commitments, agreements and
representations whatsoever whether oral or written and constitute the entire
agreement between the parties relating to the subject matter of these terms and
conditions.
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| 9.10 |
Privacy
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Please refer to our privacy policy. Online
Services International collects personal information about you through your use of the
services and the web site, including:
| a. |
your registration details; and
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| b. |
information relating to your use of the web site and the content you post and
access. |
You agree that Online Services International 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 Online Services International 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 Online Services International may disclose your
personal information, including your name and contact details, to the relevant
authorities if we consider that you are in breach of these terms and conditions
at any time.
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| 9.11 |
Emails and newsletters
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Online Services International will send you emails relating to your membership, transactions and
other activities on the Website, and for promoting and marketing other Online Services International
products and services to you. Online Services International may also send regular electronic newsletters
to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from
the mailing list.
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