Terms and Conditions
Last updated: 8 Apr 2024
Welcome to FreeTrade.co.nz!
1. Introduction.
The freetrade.co.nz website (“Free Trade”, “Webiste”, “we”, “our”, or “us”) is owned and operated by Rui Automation Limited. Free Trade provides a platform for users to showcase, promote, review, contact, communicate, offer, or trade new and used vehicles. The Free Trade website (“Free Trade”) and its associated services are collectively referred to as the “Services.”
Free Trade serves as a platform for users to post information, communicate with one another, and potentially engage in transactions. We do not participate in any transactions, nor are we a party to any agreements or contracts formed between users. Therefore, we are not liable for the quality, safety, legality, or accuracy of any content posted on this website or any transactions that may occur as a result. Free Trade does not manage sales transactions, and all sales are conducted offline pursuant to terms and conditions as separately determined between buyer and seller.
Users of our website or Services are solely responsible for the content they post, including product listings, advertisements, messages, and any other information shared. We do not endorse, verify, or guarantee the authenticity, reliability, or legality of any user-generated content.
The inclusion of any product, service, advertisement, or link on our website does not constitute an endorsement or recommendation by us. We make no warranties or representations regarding the quality, accuracy, completeness, or reliability of any content or information provided on our website.
Users engage with our website and its content as well as other users at their own risk. We disclaim any liability for any loss, damage, injury, or inconvenience arising from your use of our website or the Services, including but not limited to transactions entered into based on information obtained from this platform.
We do not verify the identity of users or the accuracy of the information they provide. Users are responsible for conducting their own due diligence and verifying the identity, credentials, and intentions of other users before entering into any agreements or transactions.
2. Accepting the Terms.
BY CLICKING THE "I ACCEPT" BUTTON, COMPLETING THE REGISTRATION PROCESS, OR OTHERWISE ACCESSING OR USING THE SERVICES, INCLUDING BY COMMUNICATING WITH US, YOU HEREBY AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE PROVISIONS OF THESE TERMS OF SERVICE (THESE “TERMS”). THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE SERVICES AND CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND US.
These Terms, together with the Privacy Policy, the terms of which are incorporated herein by reference, constitute the “Agreement” between you and us. Please read the Agreement carefully. By using the Services, you consent to the terms and conditions of the Agreement.
3. Changes to the Terms.
We may at our sole discretion change, add, modify, or delete portions of these Terms from time to time. You should look at these Terms regularly. We will post notice of modifications to these Terms at Free Trade. If you do not agree to the modified terms for the Services, you should discontinue your use of our website and the Services. No amendment to or modification of these Terms will be binding unless (i) you accept updated Terms online, or (ii) you continue to use the Services after we have posted updates to these Terms or to any policy governing the Services.
4. Eligibility, Registration, Verification and Account Security
Registration
Free Trade provides free functions to visitors. To access certain features of the Services, you must register for an account with us. Registration is free of charge. You must provide accurate, current, and complete information during the registration process and whenever you access or use the Services. You represent and warrant that the information you submitted is true under penalty of law. All personal data you provide to register with the Services or otherwise is governed by our Privacy Policy.
Verification
Where permitted, we shall have the right to undertake screenings, checks, and engage in processes designed to help verify the identities or check the backgrounds of registered users. We may, in our sole discretion, use third-party services to verify the information you provide. All personal data you provide to the third-party services is subject to their own privacy policies and terms of use. We reserve the right to refuse your Services request in our sole and absolute discretion.
Account Security
You are responsible for maintaining the confidentiality of your username and password. You are solely responsible for all activities that occur under your account, whether you have authorized such activities or actions. If you know or suspect of any unauthorized access to or use of your account or any other breach of security, please notify us immediately.
We reserve the right to disable your account at any time, including if you have failed to comply with any of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third-party rights, or violate any applicable laws or regulations.
5. Our Content.
All the content, interface, software, tools, text, images, logos, marks, photographs, data, audio, video, design, codes, layout, “look and feel”, other content that is included on the Services, and all intellectual property rights related thereto (“Our Content”), are either owned by or licensed to us. Our Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent.
Subject to the terms and conditions of these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to view Our Content and access and use the Services. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or its licensors, except for the licenses and rights expressly granted in these Terms.
6. Your Listings and Content (for Sellers).
You Give Us Permissions to Use the User Content
We may display vehicles and accessories listings shared by you or on your behalf (each, a “Product Listing”) on Free Trade. You grant us a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, royalty-free, worldwide license to host, use, distribute, modify, run, copy, publicly perform, make available, display, translate, and create derivative works of the Product Listings and any other content, data, or information shared by you or on your behalf or accessed by us in connection with the Services, including photos and videos (together with Product Listings, “User Content”). You represent and warrant that you are a licensee or owner of all the User Content, and you have all necessary rights in the User Content to grant us the licenses and rights set forth in these Terms.
You are Responsible for the User Content
You must ensure that all User Content is true, accurate and complete at all times, including without limitation the description, price, applicable taxes or fees, shipping information, required legal disclosures and other advertisement, offer or promotional content. You are solely responsible for setting the price of products you offer. If we provide guidance regarding a suggested price for products you offer, such guidance is informational only and the decision to accept or reject such guidance is solely yours.
No Conflicting with These Terms
You are responsible for maintaining and updating any sales, returns policies, and other relevant terms or disclosures related to your Product Listings that you wish to apply to your interactions with users or that are required by law. Your terms, information, or disclosures must not conflict with these Terms or our other applicable terms and policies and do not bind us.
You are Responsible for Applicable Taxes
Even if we host and display your User Content on Free Trade, you are the seller of record and agree to comply with all applicable tax laws and ordinances. You are solely responsible for all determinations, calculations, collections, withholdings, reporting, and remittance of applicable taxes, duties, fees, surcharges, and additional charges (“Taxes & Fees”) for sales of vehicles or accessories that result from your use of our website or the Services. You are solely liable for all liabilities, including without limitation, any penalties or interest, taxing jurisdictions may assess as a result of the under remittance or non-remittance of any Taxes & Fees imposed on your products.
7. Prohibited Activities.
In connection with your use of or access to our website or the Services, you agree that you will not, nor advocate, encourage, request, or assist any third party to:
Violate any law, including:
• Breach, violate, or circumvent any local, state, provincial, territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, export controls and tax regulations, licensing or registration requirements, or third-party rights
Provide or submit any false or misleading information, including:
• Provide false or inaccurate information of Product Listings and User Content
• Submit false or inaccurate personal data
• Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity
Fail to honor your commitments, including:
• Fail to pay Fees or other amounts owed to us
• Transfer your account and or username to another party without our consent
• Fail to timely provide, deliver, or make available any necessary information for us to perform the Services
• Fail to communicate with, cooperate with, or respond to our inquiries necessary for us to perform the Services
Dilute, tarnish, or otherwise harm our brand in any way, including:
• Through unauthorized use of the Services
• Register or use “Free Trade” or derivative terms in domain names, trade names, trademarks, or otherwise
• Register or use domain names, trade names, trademarks, social media account names, or other means of identification that are confusingly similar to our domains, trademarks, taglines, promotional campaigns, or Our Content
• Infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works of Our Content, except with our prior written consent.
Use the Services for your own unrelated purposes, including to:
• Harvest or otherwise collect information about users without their and our consent
• Contact another user for any purpose other than in relation to the use of the Services
• Commercialize any content found on Free Trade or the Services
• Establish a personal database using Our Content in whatever media format
• Recruit or otherwise solicit any user to join third-party services or websites that are competitive to us, or for any other commercial use, without our prior written approval
Interfere with the operation of the Services, including by:
• Distribute viruses or any other harmful technologies that may disrupt or interfere with the Services or harm us or others.
• Interfere with the Services' operation or imposing an unreasonable load on our infrastructure.
• Systematically retrieve data from the Services to create a collection or database.
• Use, display, or frame the Services or our proprietary information without permission.
• Probe, scan, or test the vulnerability of our system or network.
• Circumvent technological measures to protect the Services.
• Attempt to decipher, decompile, or reverse engineer the software used for the Services.
• Circumvent account suspension, termination, or closure.
• Cause harm to the Services or any end user's systems and networks.
8. Third-Party Services.
You may be able to link from the Services to third-party websites, software, services, or other resources that take you outside of the Services (“Third-Party Services”). We have no control over the contents of those sites or resources. We have no responsibility for the information, content, products, services, advertising, code, or other material provided through the Third-Party Services. Your interactions with Third-Party Services are subject to their own terms.
9. Disclaimer and limitation of liability
The Fair Trading Act 1986 and the Consumer Guarantees Act 1993 (“CGA”) may confer rights and remedies on you in relation to the provision by Free Trade of goods or services on the Website which cannot be excluded, restricted or modified (“Non-excludable Rights”). Free Trade does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute. The CGA will not apply where you are not a “Consumer” (as that term is defined in the CGA) or where you hold yourself out as using and/or accessing the Website for the purposes of a business. Except as provided for by the Non-excludable Rights:
a) all Content is provided “as is” and without warranties of any kind, either express or implied,
b) Free Trade and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose,
c) Free Trade does not warrant that the functions contained in any Content or any Communications Facilities or your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits Content to you are free of viruses or any other harmful components,
d) Free Trade does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and
e) you (and not Free Trade) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content. Under no circumstances (including but not limited to any act or omission on the part of Free Trade) will Free Trade or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Website or any Content. You expressly acknowledge and agree that Free Trade does not exert control over users of the Website (including individuals referred to on the Website as guests and experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct. To the fullest extent permitted by law, Free Trade’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Free Trade to the following:
- in the case of services supplied or offered by Free Trade, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and
- in the case of goods supplied or offered by Free Trade, (a) the replacement of the goods or the supply of equivalent goods, (b) the repair of such goods, (c) the payment of the cost of replacing the goods or acquiring equivalent goods, or (d) the payment of the cost of having the goods repaired.
10. Changes or Updates to the Services
We reserve the right, at our discretion, to modify, suspend, or discontinue any part of the Services, including content or features, without notice. We may also limit certain features or restrict access to the Services, with or without notice or liability. We may provide updates or upgrades to the Services. We do not guarantee that the Services will be uninterrupted or error-free.
11. Trade marks of Free Trade and its affiliates
The trade marks displayed on the Website are trade marks of Free Trade, its affiliates or of their respective owners. Nothing contained on the Website should be construed as granting any licence or right of use of any trade mark displayed on the site without the express written permission of Free Trade, the relevant Free Trade affiliate or third-party owner. If you wish to place a trade mark (whether in stylised or logo form or not) on your own website as a hyperlink to the Website, you must first obtain the express written authorisation of Free Trade, the relevant affiliate, or third party owner and any use must be in accordance with the trade mark usage guidelines of the relevant trade mark owner.
12. Miscellaneous
The Terms of Use will be governed by and construed in accordance with the laws of New Zealand. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand. If any provision of the Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms of Use, which will continue in full force and effect. All rights not expressly granted herein are reserved.
