Terms and Conditions:
General:
Retailer Membership / Membership
Criteria
Any individual registering a company or business to become a
Member of CurvNZ must have the authority to enter into this contract especially if they are
registering as a retailing business. If you are a registering as a retailing business you must have
a physical business premises or a physical retail outlet that you operate from. If you do not,
CurvNZ reserves the right to not provide service determined at the sole discretion of CurvNZ.
In accepting this agreement, when received by CurvNZ, you are agreeing to the Terms and
Conditions of this contract and all associated policies incorporated by way of reference. You also
agree to all confirmations being sent electronically where possible.
Any comments or materials
sent to CurvNZ relating to this website or its information content will be regarded as open public
information. CurvNZ is free to use, disclose, adjust or distribute that material or any concepts,
or techniques contained in that material, without any limitation.
A business must have a
Profile (business listing) in order to be eligible to purchase any of the additional services that
CurvNZ offer.
Requirements and Costs
Costs to become a Member of CurvNZ are outlined in
the Pricing Structure page. There are no obligations to disclose private or sensitive information.
You agree to provide true and accurate information.
All necessary actions will be taken if
these Terms and Conditions are deemed to have been breached, breach to be determined solely by
CurvNZ.
Memberships are not saleable.
CurvNZ reserves the right to discontinue providing
a service to a member at any time, this includes upholding business integrity and fair business
practices. No refunds will be given.
Membership rights and responsibilities can be transferred
to someone else if that person taking on the responsibility gives authority in writing.
Product and Portfolio Descriptions
Descriptions, images, and information
are not binding on the listing Retailer or Service Provider. As both the Retailer and Service
Provider’s products and services are constantly changing, and can be often subject to change by
Suppliers and Manufacturers, information provided are not binding to the Retailer and Service
Provider.
The Retailer and Service Provider is entitled to correct all errors in the
information provided by CurvNZ at any time. Please be aware that errors may be discovered after
viewing the product or service, and so do notify the Retailer or Service Provider concerned of the
error, alternatively, send any feedback to CurvNZ.
Security and Disclosures
Keep login information safe and secure at all
times. Do not disclose your login information to anyone else. Each Retailer is personally
responsible and liable for all activity under that login.
Liability
CurvNZ accepts no liability for the actions of individual
Members or Users of CurvNZ. No person may make any statement on this website, or through CurvNZ's
email services, which would be binding on CurvNZ or which is unlawful, defamatory or gives legal
remedies or rights to anyone against CurvNZ.
Information Collection
Collection of Information
Information is collected through registering as
a Member and through the use of the web site via cookies. Information collected and placed on this
website is for the sole use of CurvNZ for use in information and promotional activities.
Contributors who place listings or information with the CurvNZ website do so by agreement and
allow CurvNZ to hold and use the information provided for the purposes of website listings and any
associated marketing promotion, until such time as one or both parties revoke that agreement.
Use
Information will be used for internal business use, to aid business
analysis and to ensure ongoing development and growth of CurvNZ and its network. Non-personal
information may be used for marketing and advertising purposes. Non-personal information may be
given to third parties. No information is given to any third parties that can identify that
Member.
General Rules
Purpose and role of web site is in supporting the New
Zealand retail market, in particular, small businesses. CurvNZ does not get involved in any
transactions that may take place between Users and Members.
Applicable Laws
All business conducted on this web site is governed by
all applicable New Zealand laws.
At Your Own Risk
CurvNZ disclaims all and any implied conditions,
warranties or guarantees, also for the operation of, and use of web site by all Members and
Users.
Liability
CurvNZ accepts no liability for the operation and use of this
web site by all Members and Users.
Warranty
Information provided and or listed does not constitute or create
any warranty that is not expressly stated in the Terms and Conditions. CurvNZ accepts no liability
for, and offers no guarantee of, the misconduct of Members or Users. CurvNZ accepts no liability
for, and offers no guarantee of, Members or Users attempting to defraud other Members or Users.
CurvNZ does not offer any guarantee of uinterrupted, secure or continuous access to our
services.
Responsibility
All advice, information and services given by any Member
or User, are the sole responsibility of that provider. Links to any external web sites are the sole
responsibility of the Member and Advertiser placing those links on the web site of CurvNZ. There is
no endorsement given by CurvNZ in regards to advice or information offered in the placement of that
advice or information. There is no endorsement given by CurvNZ of any advertisement in regards to
the placement of that advertisement.
All representations made in connection with an
advertisement are the sole responsibility of the advertiser.
Incorporation by Reference - Additional Terms
All other agreements and
policies are incorporated into this Agreement by way of reference.
Disclosures
Location of business: PO Box 11-445, Wellington, New
Zealand.
Identity Verification
CurvNZ offers no guarantee as to the identity of
any Member or User, this is due to the constraints of the Internet. However we do our best to
ensure there is no identity fraud on CurvNZ.
CurvNZ keep details of all transactions and
communications conducted between any and all Members, Users, and with CurvNZ. CurvNZ also allow for
feedback on each Member to ensure site security and integrity of use and transaction completion.
CurvNZ routinely updates its Member database to ensure there are no Members with more that one
login.
Privacy
Information Collection
Information is collected via the registration
process, and via web site use through the use cookies.
Privacy Policy
Members and Users agree to CurvNZ using this information
to verify your identity, for internal business purposes, and any other use that you
authorise.
Information that can identify any member will not be sold or made available to any
third parties without your prior consent. You agree for CurvNZ to release any personal information
to relevant authorities, parties and or intellectual property rights holders if it is deemed that
you are in breach of these Terms and Conditions, in particular your legal ability and or rights to
sell or list the products you choose to list or sell.
CurvNZ ensures measures will be taken to
ensure security and privacy of all information provided to CurvNZ.
Please review Privacy Policy
and ensure that you understand and accept all conditions of this agreement.
Entire Agreement
These Terms and Conditions supersede all other previous
Terms and Conditions disclosed.
Legal
No Warranty
No warranties are given or implied by CurvNZ in the operation
and use of the web site.
Liability
CurvNZ accepts no responsibility or liability in operation and
use of this service being offered.
Indemnity
CurvNZ to be held immune from any claim, damages or costs made
by any third party partly due to or arising from these documents.
Breach
Terms and Conditions
Any and all necessary action will be taken to
remedy breach, including but not limited to, the termination of Membership, suspension of
Membership, warn others of your actions, issue you with warnings, refuse to provide our services to
you.
Legal Compliance
Applicable Acts and Laws
All New Zealand Trading Laws apply,
specifically, Consumer Guarantees Act 1993, Fair Trading Act 1986, and the Electronic Transaction
Acts 2003.
No Agency
No relationship between Members and Users, or between CurvNZ
and Members or Users, is created or intended by this agreement.
Notices
Notices are deemed given when, after being sent for 3 business
days if sent by post, 24 hours if sent by email. When this email enters an information system
beyond the control of the sender it is deemed to have been sent. The same day if the notice is sent
by facsimile.
Resolution of Disputes
Will be completed by way of a third party
arbitrator and joint arbitration where the involved parties cannot amicably resolve the dispute.
Release
Any disputes between Retailer and User do not involve CurvNZ as
we offer only a venue and take no part in any transaction itself that may take place.
There Exists no Liability for CurvNZ
All the provisions of this
agreement are severable and in no way, should CurvNZ fail to adhere to any provision, shall the
remainder of the agreement be rendered unenforceable or invalid.
No Waiver
These Terms and Conditions are always applicable under all
circumstances.
All provisions of these Terms and Conditions are always applicable both
separately and jointly.
Information and Security
Information
Rules
CurvNZ has no control over what information Members and Users make
available through CurvNZ.
Liability
CurvNZ accepts no responsibility for the actions of Members or
Users in their use of this web site.
Use
When listing products, no email addresses, phone numbers or other
contact details are to be included in the product listing. This information is to be provided as
part of the company information and details.
No Products are to be Listed in the Company Details Area.
Any Members or
Users found to be breaching these rules will result in action including, but not limited to, being
issued with a warning, suspension of Membership, or termination of Membership, determined at the
sole discretion of CurvNZ.
Intellectual Property Rights
Protecting CurvNZ
CurvNZ owns all proprietary and intellectual property
rights in the web site and any other underlying systems and material forming all and part of the
services offered and the web site.
Certain names, logos, designs, titles, words or phrases on
our pages may constitute trademarks, service marks, or trade names and are protected by law.
CurvNZ Rights
You must not:
Adapt, reproduce, copy, store,
distribute, print, display, perform, publish or create derivative works from any part of this web
site; or commercialise, copy, or on-sell any information, or items obtained from any part of this
web site.
System Integrity
Responsibility
You must not attempt to undermine, interfere or harm this
site or the services it offers, or the system underlying or that CurvNZ is connected to. Any and all
necessary actions will be taken to ensure the security and integrity of this site. CurvNZ takes no
responsibility for the integrity of information and data collected and provided. CurvNZ will make
reasonable efforts to make sure that the integrity of all information and data held by CurvNZ will
not be lost, corrupted or otherwise compromised.













