Terms & Conditions (User Agreement)
TERMS AND CONDITIONS (NOW AND IN THE FUTURE) - Greg Payne Racing Stables
1.1 ACCEPTANCE OF TERMS AND CONDITIONS
This agreement represents the terms and conditions that govern a members use and access to the Greg Payne Racing Stables services and the Greg Payne Racing Stables website. By registering as a member of a person and/or business accepts these terms and conditions. If a person and/or business does not accept these terms and conditions, the person and/or business must refrain from using the services.
It is important that members familiarise themselves with and comply with the policies relevant to their use of the Greg Payne Racing Stables website and services provided for under this agreement. Completion of the Greg Payne Racing Stables registration process demonstrates acceptance of, and agreement to be bound by these terms and conditions.
1.2 AMENDMENT OF TERMS AND CONDITIONS
Greg Payne Racing Stables may amend these terms and conditions which may change from time to time. Amendments will be effective 30 days upon posting of the amended terms and conditions on this web site. Members are responsible for ensuring they are familiar with the latest terms and conditions. Members continued use of the services represents their agreement to be bound by the amended terms and conditions.
If members do not agree to such changes to the terms and conditions agreement, the member must terminate their membership of Greg Payne Racing Stables. If following such changes to this agreement a member continues to remain a member of the Greg Payne Racing Stables website, the member will be considered by Greg Payne Racing Stables to have accepted the various terms as part of this agreement.
These terms and conditions were last updated on 1 November 2015
1.3 Terminology
In these terms and conditions, the following terms have their meanings set out as follows:
'item', or 'items' means goods that may be bought or sold through the auction or classified process;
'member' means a registered member of Greg Payne Racing Stables 'services' means any of the services offered by Greg Payne Racing Stables from time to time, including online classifieds and auctions, message boards, and any other service that Greg Payne Racing Stables may offer;
'we', 'our' and 'us' are a reference to Greg Payne Racing Stables Ltd;
'website' means the Greg Payne Racing Stables web site where the services are offered;
'listing' means a listing on the website through which a member can negotiate, offer, and buy or sell any item, whether by auction or classified and
'seller' includes any person and/or business placing a listing.
Cautions
2.1 INTERFERENCE WITH Greg Payne Racing Stables WEBSITE AND/OR SERVICES
Interference or attempted interference with the Greg Payne Racing Stables website and/or services using any software program, routine and/or activity is a serious office and not permitted.
Members using Greg Payne Racing Stables may only modify or add content in those areas specifically designed for members use. All content must abide by all other Greg Payne Racing Stables policies.
Designated member areas are the Listing Details page, the Greg Payne Racing Stables email forwarding system text box (ask seller a question), tell a friend page and feedback pages. In no circumstance may a member block, obscure, overwrite or modify any Greg Payne Racing Stables generated content or pages. All other website locations and/or components are strictly for the use of Greg Payne Racing Stables only. Infringements of this policy may result in a range of actions, including cancellation of listings and/or suspension of a members account.
2.2 Greg Payne Racing Stables SERVICES
The Greg Payne Racing Stables website provides a place for members who want to buy and sell items & services. Greg Payne Racing Stables is not involved in any part in the sale of items other than by providing the Greg Payne Racing Stables website as a place for members. If a seller accepts a bid, a contract of sale shall be formed between the seller and buyer directly. Greg Payne Racing Stables does not act as agent for either party and does not participate in any sale or transaction between members. Even though some of the services are referred to as an auction, Greg Payne Racing Stables is not an auctioneer (under the New Zealand Auctioneers Act 1928 or in any other circumstance).
2.3 AT YOUR OWN RISK
Transactions and any contact between members are undertaken entirely at a members own risk. Members agree that Greg Payne Racing Stables accepts no responsibility or liability for any misconduct of any of its members including, without limitation, members that may have registered with false details and/or who may attempt to defraud other members. Greg Payne Racing Stables gives no warranties, undertakings or representations with regard to any items sold or listed on the web site, including: ownership of any item; any content, safety, description, worthiness, quality, or legality of any item is listed on the web site; the accuracy or truth of any listings; that any item will meet a members requirements or expectations; or about the ability of members to complete a transaction, inclusive of credit card transactions.
2.4 DISCLAIMER
Members understand and agree that: Members use of the services is at their 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 2.3, Greg Payne Racing Stables disclaims and excludes all and any implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
(i) Greg Payne Racing Stables does not warrant that the services provided will be uninterrupted, timely, secure, or error free, or
(ii) that any information, inclusive of any feedback provided on the web site is error-free or reliable.
under no circumstance will any advice or information that is obtained by members from Greg Payne Racing Stables or anyone else create any warranty by Greg Payne Racing Stables not expressly stated in the terms and conditions; and the responsibility for any advertisements content appearing on this web site inclusive of hyperlinks to advertisers' own website remains solely with the advertisers. Placement of any advertisements on the Greg Payne Racing Stables web site does not constitute Greg Payne Racing Stables recommendation or endorsement of the advertised service or product. Each and every advertiser is solely responsible for any representation made in its advertisement. Should Greg Payne Racing Stables facilitate payment for any item by credit card, Greg Payne Racing Stables is in no way involved in the transaction itself, and any responsibility for a refund shall rest with the seller of the item.
2.5 LIABILITY
Members agree that any and all liability and responsibility of Greg Payne Racing Stables to a member 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 a members 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. Greg Payne Racing Stables responsibility and liability is excluded in respect of any and all loss or damage, whether indirect or direct, including, without limitation, loss of data, loss of business or anticipated savings, loss of profits, incidental consequential and loss and general and special damages.
2.6 INDEMNITY
Members agree to release, indemnify and keep indemnified Greg Payne Racing Stables from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings,damages, liabilities, or demands suffered or incurred by Greg Payne Racing Stables to any person arising out of or in connection with a members failure to comply with these terms and conditions, a members failure to completed a transaction, a membership use of Greg Payne Racing Stables message boards, a members sale or attempted sale of an item prohibited under clause 4.2(I), or arising out of any content or item a member submits, posts, transmits, or make available through the services.
2.7 BREACH
Without limiting any other rights and remedies available to Greg Payne Racing Stables, Greg Payne Racing Stables may limit a members activities on the web site, remove a members bids or listings, warn other members of a members actions, issue a warning to a member, refuse to provide our services to a member or terminate or suspend a members membership if the member is in breach these terms and conditions or where Greg Payne Racing Stables considers it appropriate.
2.8 FURTHER RULES
Further to the terms and conditions laid out in this document, Listing Polices, Banned & Restricted Items, and Job Listing Policies form part of these terms and conditions.
Membership
3.1 BECOMING A MEMBER
Greg Payne Racing Stables offers its services to its members. Membership is a privilege, not an entitlement, and Greg Payne Racing Stables may change its services and suspend, terminate or restrict your membership at any time if it believes that this is reasonably justified within the terms of this Agreement or any of its Policies. In the event that Greg Payne Racing Stables changes its services, suspends, terminates or restricts a person’s membership in the circumstances outlined above or in this Agreement, the member may not be able to access our services temporarily or permanently and shall be prohibited from applying for a new account.
It is free to become a member of Greg Payne Racing Stables. A person and/or business may only register as a member if they are resident in New Zealand, and can form a legally binding contract that is enforceable against them. For example, a member must be 18 years old. By registering as a member, the person and/or business warrants that they can form a legally binding contract.
Each person and/or business shall have only one membership with Greg Payne Racing Stables. Businesses requesting membership may be required to provide evidence of or proposal for business. At the discretion of Greg Payne Racing Stables a member may create a business membership in addition to a personal membership.
3.2 ACCURATE INFORMATION
Members warrant that they have provided to Greg Payne Racing Stables complete, current and accurate personal information when registering as a member Greg Payne Racing Stables. Members shall maintain and update their personal information held by Greg Payne Racing Stables to ensure it is kept up to date at all times. Members shall not register as a member under multiple identities or personas (whether false or not). Greg Payne Racing Stables may phone or mail a member to verify these details and at its discretion remove all of the alias accounts.
3.3 CANCELLATION OF MEMBERSHIP
Greg Payne Racing Stables reserves the right to decline to register or to terminate a membership without entering into further discussions with any party. Without limiting the foregoing, Greg Payne Racing Stables may terminate a membership if a serious complaint or multiple complaints are received about a member from other members, a member is in breach of these terms and conditions, a member impersonates another member, or Greg Payne Racing Stables, at our sole discretion, deem a members behaviour to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled.
3.4 SECURITY OF YOUR LOGIN INFORMATION
Members shall ensure they keep their login information, inclusive of their password and email address secret. Without limiting the foregoing, members agree not to allow any other person the use of their user name or membership, and shall not to disclose, or provide to any other person, their email address, password, or any other information that could allow them to gain access to their membership on the Greg Payne Racing Stables website.
3.5 WEBSITE CONTENT
Greg Payne Racing Stables is an auction and classifieds trading website, currently only available to residents of New Zealand.
Banned and Restricted items
New Zealand law imposes restrictions on certain items that can and cannot be sold online. A list of these items can be found under the Banned and Restricted Items Standards.
In addition, a number of items, including books, videos, dvd's, cd's, music & movies, travel & event tickets,memorabilia and games & software cannot be listed and/or sold on Greg Payne Racing Stables. It is important that Greg Payne Racing Stables members review the full list of Banned and Restricted Items.
Listing Categories
Most listing categories and/or items for sale have minimal to no listing restrictions e.g. cars, houses, lawnmowers, phones, hardware items etc.
Several other listing categories such as art, jewellery, business types have a specific listing criteria. It is important that users of the Greg Payne Racing Stables website comply with the listing criteria stipulated for these listing categories.
To avoid embarrassment through having a listing removed from the Greg Payne Racing Stables website, we would ask all Greg Payne Racing Stables members to please read and comply with any items listing criteria. If you are unsure if an item you wish to sell meets the category listing criteria, please email the Greg Payne Racing Stables support team with an image and/or description of the item you wish to sell for 'product listing approval'.
Management of Listings
Greg Payne Racing Stables reserves the right to solely determine the criteria of what constitutes appropriate content for this website. Any listing deemed by Greg Payne Racing Stables to be inappropriate for the Greg Payne Racing Stables website will be removed from the Greg Payne Racing Stables website. Greg Payne Racing Stables reserves the right to determine whether a refund will/will not be issued to a member for listings removed from the website and whether the refund will be a partial or full refund. Members who repeatedly list items that are deemed as inappropriate for the Greg Payne Racing Stables website may have their Greg Payne Racing Stables membership suspended and/or revoked without recourse.
General Rules
4.1 GENERAL
Greg Payne Racing Stables reserves the right to alter these terms and conditions at any time, without providing prior notice. Please note it is a members responsibility to ensure they regularly familiarise themselves with the conditions contained herein and to check the document revision date stated in the Forward of this document.
All bids, listings and/or communications made through the Greg Payne Racing Stables website shall be undertaken to the mutual benefit of each party. Members shall not interfere with or harm the web site, services, any part of the network to the system underlying or connected to them. This also includes the use of scrapers, robots, spiders, or any other automated tools to access any information or feature on the website.
Members shall not list their email address, phone number or any other contact detail within the description of listings, listing comments and/or questions, in their member profile, or in the Greg Payne Racing Stables message boards.
Notwithstanding the above, members may enter their appropriate contact details in the relevant contact details fields of those listing categories which specifically provide for those details, i.e. Jobs and classifieds.
All listings shall be listed in New Zealand dollars and the price shall be exclusive of GST. All tax and GST obligations are the responsibility of the buyer and/or the seller.
Members shall not complete a transaction outside of the Greg Payne Racing Stables process or in any way seek to avoid any Greg Payne Racing Stables success fees or any other fees Greg Payne Racing Stables may introduce in the future. Attempts by members to avoid fees, including through premature auction withdrawal, multiple memberships, and/or by any other method, could result in Greg Payne Racing Stables cancelling or suspending a members membership. This shall remain at the sole discretion of Greg Payne Racing Stables.
All persons who buy on Greg Payne Racing Stables must be a resident of New Zealand. Persons resident in other countries are not permitted to participate in the Greg Payne Racing Stables services and/or website.
Members shall not use any Greg Payne Racing Stables service or the Greg Payne Racing Stables web site to promote items for sale outside of the Greg Payne Racing Stables website.
Greg Payne Racing Stables memberships are not transferable, and cannot not be sold, traded or leased out.
4.2 MEMBERS OBLIGATIONS AS A SELLER
All prices shall be stated in NZ dollars and to include GST where applicable
Sellers shall be resident in New Zealand. Persons, companies and/or any other organisation outside of New Zealand shall not sell or participate in any activity on the Greg Payne Racing Stables website and/or services.
It is recommended that for safety reasons sellers do not send items to any address that is outside New Zealand.
A member must be legally able to sell any item they list to sell on Greg Payne Racing Stables. Members shall 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.
Members shall list an item in one category only which must be the most appropriate category for your item.
Members shall not list items that are not in the member’s possession. Members shall only place listings for items that exist and are available for immediate sale.
Members shall 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.
Members are responsible for ensuring that any item listed by them does not breach this clause.
Members agree that Greg Payne Racing Stables may disclose personal information, including name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if Greg Payne Racing Stables considers that a member is in breach of this clause at any time.
When members list an item for auction on Greg Payne Racing Stables, it should be done with the intention of selling the item through the Greg Payne Racing Stables website. It’s listed on the Greg Payne Racing Stables website should not be advertised through another advertising vehicle.
If a member removes an auction listing after bidding has commenced, the member may incur a non-refundable withdrawal fee, regardless of the reason. Should this occur, Greg Payne Racing Stables also reserves the right to cancel a users registration, without recourse by the user.
Greg Payne Racing Stables classifieds may be used by individuals or businesses to sell specific items and/or services only. Members shall not place multiple listings for a single item or service.
Members listing may only contain a URL for a website that contains further information on the item the member has listed. This website shall not offer any items for sale, or contain contact details. Members shall not use any Greg Payne Racing Stables listings to promote a website and/or business other than one for sale in their listing.
Members shall not use the Services or the website to sell items that are of a speculative nature including, but not limited to, pyramid, surf for free or similar schemes.
Members shall not manipulate prices through shill bidding or assuming multiple roles in any single transaction.
For auctions, members shall sell to the highest bidder if the reserve price for the auction has been achieved. Members may only sell to a bidder who is not the highest bidder after reasonable attempts have been made to contact the winning bidder without success and/or the winning bidder fails or declines to comply with the terms of sale stated in the item description of the members listing.
With a classified advertisement, members may choose to sell to any buyer.
Adult rated content (videos, magazines, DVD's, etc) shall not be listed on the website. Adult content listed shall be removed and Greg Payne Racing Stables reserves the right to cancel the members registration.
Greg Payne Racing Stables does not pre-screen listings for content. Greg Payne Racing Stables reserves the right to remove any listing that it considers is in breach of the terms and conditions or unsuitable.
When a members auction closes, the member agrees to their email address being supplied to the buyer.
On completion of a transaction the member shall promptly forward the listed item to the successful buyer.
Members shall not charge unreasonable costs for shipping, packaging handling costs.
Sale of DVDs, VCDs, films, videos, and laser disks is covered by the Films, Videos and Publications Classification Act 1993 (NZ). For a members own protection, note that it is an offence in New Zealand to sell any of these items if the appropriate agencies have not been examined and/or classified the item. This type of offence has a maximum penalty of $3,000 per publication. If any publication was sold, and deemed to be objectionable and where the seller knew the publication was objectionable, the maximum penalty consists of 10 year's imprisonment per publication. It is important that when listing these types of items for sale, a member shall include within their listing, the New Zealand classification rating and all other relevant information on the classification label.
4.3 MEMBERS OBLIGATIONS AS A BUYER
It is important that members shall only place a bid if they intend to buy the relevant item at the bid price entered. Once the auction has closed members bids are not retractable. Members should make reasonable allowances for postage where applicable.
If a member is notified that their bid has been successful, the member shall complete the transaction in the manner specified by the seller. When a member makes a bid, the member warrants and represent that they have the legal right to enter into and complete the transaction.
Members shall make full and prompt payment for any item purchased on Greg Payne Racing Stables.
Members agree to their username and the amount of their bid being publicly shown on the Greg Payne Racing Stables Website. Members also agree to their email address being supplied to the seller when they win an auction.
Where a members has a successful bid and then does not pay for the item, if the seller complains to Greg Payne Racing Stables about the member, the member shall receive a warning from Greg Payne Racing Stables. Should Greg Payne Racing Stables receive 3 such complaints, Greg Payne Racing Stables may suspend or terminate the membership of this member.
Any Greg Payne Racing Stables member shall not shill bid on an auction that has been listed by a flatmate, family member, friend or any other member that is personally known to the member, with a motive to increase a price on an auction.
4.4 MESSAGING FEEDBACK
Greg Payne Racing Stables allows members to contact one another through the Greg Payne Racing Stables email forwarding system. The purpose of this feature is to provide an open avenue of communication between Greg Payne Racing Stables users. Infringement of this feature may result in a range of actions including cancellation of listings, forfeit of Greg Payne Racing Stables fees on cancelled items and/or suspension of members account.
Feedback is a valuable indicator of a buyers or sellers reputation on Greg Payne Racing Stables. A members feedback profile includes a feedback score as well as comments from the people the Greg Payne Racing Stables member sells to. It is most important that the feedback a member places on other Greg Payne Racing Stables members shall not contain offensive, defamatory, disruptive hostile comments, or inappropriate language. Greg Payne Racing Stables reserves the sole right to determine what is considered offensive, defamatory, disruptive hostile comments, or inappropriate language.
Threatening to leave negative or neutral feedback for another member unless the other member provides goods or services not included in the original listing is not permitted. Feedback placed for another member where the primary value of the feedback is to inflate a member's reputation rather than provide genuine commentary on a genuine transaction is not permitted. Offering to sell, buy or barter feedback is not permitted. Sellers are not permitted to include in their listings or terms of sale any conditions that limit or restrict the buyer from leaving feedback. Infringement of this feature may result in a range of actions including cancellation of listings, forfeit of Greg Payne Racing Stables fees on cancelled items and/or suspension of members account.
Members shall only place member feedback that relates to a specific transaction. Members shall not post feedback on a transaction that does not relate to that specific transaction.
Members shall not post feedback about themselves or include any contact details or personal information in their feedback.
Greg Payne Racing Stables Feedback features are provided for the sole purpose of facilitating a safe environment for trading between Greg Payne Racing Stables members on the Greg Payne Racing Stables Website. Members shall not market or export any Greg Payne Racing Stables feedback to any forum other than the Greg Payne Racing Stables Website. It shall be considered a breach of the Greg Payne Racing Stables terms and conditions to link your Greg Payne Racing Stables feedback to and/or from other selling and buying website's.
Fees & Services
5.1 LISTING FEES AND SUCCESS FEES
Becoming a member of Greg Payne Racing Stables and bidding on Greg Payne Racing Stables is free.
The Greg Payne Racing Stables website is a location for buyers and sellers to safely trade goods and services. Sellers are charged Fees for the use of the Greg Payne Racing Stables web site. When a member lists an item, the member has an opportunity to review and accept the fees that will be charged for use of the service.
The Greg Payne Racing Stables fees are listed on the Greg Payne Racing Stables pricing page. Any non-commission listing fees are charged at the time of listing and are not refundable. Greg Payne Racing Stables will only issue refunds in the form of credit to the Greg Payne Racing Stables account of the member. Greg Payne Racing Stables will not issue cash refunds. Greg Payne Racing Stables account credits are not transferable from one member to another member.
Greg Payne Racing Stables reserves the right to change the fees charged for any of our services at any time. Should Greg Payne Racing Stables introduce a new service, the fees for that service shall be effective at the launch of the service, unless stated otherwise.
All fees are inclusive of GST and in New Zealand dollars. Unless otherwise stated in these terms and conditions, no interest or other financial charges will be applied to Greg Payne Racing Stables account balances.
Members may not use systems or techniques to circumvent or avoid Greg Payne Racing Stables fees. These may include but are not restricted to the following:
a. offering to purchase an item listed on Greg Payne Racing Stables outside of the Greg Payne Racing Stables website
b. Listing an item with a low price and inflated shipping and handling costs
c. Listing a single item and offering additional identical items for sale in the item description
d. Listing with an email address or domain name in the Title
e. Listing a catalogue(s) from which buyers may directly order items from
f. Cancelling bids and ending a listing early because the sellers desired price has not been met
Greg Payne Racing Stables reserves the right to carry out any investigation with regard to queries about any refund of success fees with Internet Service Providers, bidders, other members, and any other relevant party.
Members should review Greg Payne Racing Stables fees before listing an item, to ensure they are aware of the fees that they will be charged by Greg Payne Racing Stables. Members shall pay any fees immediately upon demand by Greg Payne Racing Stables.
General Provisions
6.1 SYSTEM INTEGRITY
Greg Payne Racing Stables will take all reasonable actions to ensure the web site and services remain online, taking into account any downtime required for maintenance. Greg Payne Racing Stables accepts no responsibility for the unavailability of any part of the online system, or for any loss that may occur as a result of unavailability of the web site and/or services. Greg Payne Racing Stables also assumes no responsibility for the corruption of any information or data held by Greg Payne Racing Stables.
6.2 RESOLUTION OF DISPUTES
Because Greg Payne Racing Stables is not party to any sale or transaction between members, Greg Payne Racing Stables members agree to not involve, or attempt to involve Greg Payne Racing Stables in any dispute or in the resolution of disputes that may arise as a result of the services provided, between the member and another Greg Payne Racing Stables member.
6.3 Greg Payne Racing Stables MESSAGE BOARD
Greg Payne Racing Stables may make available Message Boards. The Greg Payne Racing Stables Message Boards may not be used to promote web sites, auctions, or any business of commercial activity. Greg Payne Racing Stables accepts no responsible for opinions that may be expressed in the Message Boards . Members agree to take full legal responsibility and liability for their comments, including for offensive or defamatory statements when posting a message to a message board.
6.4 FORCE MAJEURE
Without prejudice to clause 2.4, Greg Payne Racing Stables has no liability for any unavailability or failure of the services or the Greg Payne Racing Stables website, any lack of performance, or for any failure of Greg Payne Racing Stables to comply with these terms and conditions where the same arises from any cause beyond the control of Greg Payne Racing Stables.
6.5 NO WAIVER
Should Greg Payne Racing Stables decide not to exercise or enforce any right available to Greg Payne Racing Stables under these terms and conditions, this shall in no way constitute a waiver of those rights.
6.6 PARTIAL INVALIDITY
Should any provision within 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
This document is governed by the laws of New Zealand. All Greg Payne Racing Stables members agree to submit to the non-exclusive jurisdiction of the Courts of New Zealand.
6.8 INTELLECTUAL PROPERTY RIGHTS
Greg Payne Racing Stables (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. Without our prior written permission, members may not in any form or by any means:
Reproduce, copy, store, adapt, distribute, print, perform, display, publish or create derivative works from any part of this web site; or
Copy, commercialise, or on-sell any items or information 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 PRIVACY
Your privacy is important to Greg Payne Racing Stables.
For further information and details of the New Zealand Privacy Act and how it protects personal information in New Zealand, refer to the office of the Privacy Commissioner.
Greg Payne Racing Stables operates the website www.gregpayneracingstables.co.nz. As part of our operations we may collect personal information about members through their use of the services and the web site, including: members registration details; and information relating to their use of the web site and the content they access.
Members agree that Greg Payne Racing Stables may use this personal information to assist us to provide the services to members, for internal research purposes, to verify their identity, for promoting and marketing other Greg Payne Racing Stables products and services to members, and for any other use that members authorise.
Greg Payne Racing Stables will not sell or allow third parties to access a members personal information without the members consent, however members agree that Greg Payne Racing Stables may disclose their personal information, including their name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that the member is in breach of this clause 4.2 at any time. Please review the Greg Payne Racing Stables privacy policy.
6.11 MEDIATION
Greg Payne Racing Stables members should seek to try and resolve disputes with other members directly, to use a certified mediation or disputes service, or to report disputes to the local Police or Law enforcement agency as appropriate. Any dispute or claim arising out of or in connection with this agreement between a member and Greg Payne Racing Stables may be settled by an independent, confidential mediation service.
OTHER LEGAL TERMS
7.1. Not an auctioneer: Greg Payne racing Stables when providing Greg Payne Racing Stables are not auctioneers (under the Auctioneers Act 1928 or otherwise). As the contract of sale resulting from the Greg Payne Racing Stables auction process is a contract directly between the winner of the bidding (the Purchaser) and the Vendor, an Greg Payne Racing Stables auction is not an auction as defined in the Fair Trading Act.
14.2. No waiver: Any delay or failure by us to exercise any of our rights does not constitute a waiver of that right.
14.3. Contract Privity: Your agreement to these terms of use is also for the benefit of, and enforceable by, other participants.
14.4. Joint and several liability: Where you comprise more than one legal person, each person’s liability will be joint and several.
14.5. Severability: If any part of these terms of use is held to be invalid, unenforceable or illegal for any reason, then that part shall be severed or amended to the minimum extent necessary for the balance of these terms of use to continue in full force and effect.
14.6. Entire agreement: These Terms contain everything we have agreed in relation to your use of Greg Payne Racing Stables. You cannot rely on anything else said or done by us If there is any inconsistency, these Terms prevail.
14.7. Governing law: New Zealand law governs these Terms and your use of Greg Payne Racing Stables. You agree to the jurisdiction of New Zealand’s Courts.
14.8. Variation: We may in our absolute discretion change these Terms at any time by publication on Greg Payne Racing Stables. The change will take effect from the time specified. You are responsible for ensuring you are familiar with our latest Terms.
1 November 2015
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