1.1 Acceptance of terms and conditions: The terms and conditions are the terms on which Parts Animal offers You access to the Services and the Website. By registering as a Member of Parts Animal You accept these terms and conditions and agree to be bound by them.
1.2 By accepting these terms and conditions, You agree that You will:
Use Parts Animal only as intended (as a parts locator tool).
Only use Parts Animal in a fair and respectful manner when dealing with any other Member
Maintain up to date data of Your parts inventory to ensure benefit to all Members
1.3 Terminology: In these terms and conditions, the following expressions have the meanings set out:
'Item', 'Items' means any parts item listed or requested on the Parts Animal site;
'Listing' means a listing on the Website through which You offer, display, promote, advertise any item;
'Member' means a registered Member of Parts Animal;
'Services' means any one or more of the Services offered by Parts Animal from time to time, including online Listings, classifieds, message boards, sms alerts and any other service that Parts Animal may offer;
‘User’ means anyone using the Parts Animal site;
'We', 'Us' and 'Our' refer to Parts Animal;
'Website' means any Parts Animal Website through which the Services are offered;
'You' and 'Your' refer to you the Member.
1.4 Amendment of terms and conditions: These terms and conditions may be amended in whole or in part by Parts Animal from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on the Website. You are responsible for ensuring You are familiar with the latest terms and conditions. Your continued use of the Services represents Your agreement to be bound by the terms and conditions as amended.
2.1 Parts Animal agree to:
Maintain the system in what (in it’s sole discretion) it considers to be the most effective way reasonably practicable.
Endeavour to upload data by the close of business on the next business day.
Endeavour to respond to any queries by the close of business on the next business day.
Notify all Members of any malfunction of the system that may effect them or any of their Listings.
Ensure the search tool shall remain neutral and not unfairly or unreasonably advantage one Member over another, with the exception of advertising which in no way affects the search tool.
Not show any pricing on the Website other than that the price of an Item may be ‘negotiable’.
Remain a Members/ trade only system with the specific exception of Wanted posts and any other activity that may benefit Members at the sole discretion of Parts Animal.
Remain non-transactional i.e. remain a locator tool only.
2.2 At Your own risk: Transactions and all other contact between You and other Members are conducted entirely at Your own risk. You agree that Parts Animal accepts no responsibility or liability for any misconduct of any of its Members including, without limitation, Members that have registered under false pretences or who attempt to defraud You. Parts Animal gives no undertakings, representations, or warranties in relation to Items sold or listed on the Website including:
about ownership of any Item;
as to the content, safety, description, quality, or legality of the Items that are listed on the Website;
as to the accuracy or truth of Listings;
that any Item, will meet Your requirements or expectations; or
about the ability of Members to complete a transaction, including credit card transactions.
2.3 Disclaimer: You expressly understand and agree that:
Your use of the Services is at Your sole risk. The Website and Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting clause 2.2, Parts Animal disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
Parts Animal does not warrant that i) the Services provided will be uninterrupted, timely, secure, or error free, or ii) that any information provided on the Website is error-free or reliable;
no advice or information that is obtained by You from Parts Animal or anyone else shall create any warranty by Parts Animal that is not expressly stated in the terms and conditions; and
responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute Parts Animals recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
Parts Animal is in no way involved in any transaction itself entered into through one of the Services and has no responsibility for any payment or refund due in connection with it.
Parts Animal is not responsible for protecting Members from credit card fraud.
2.4 Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Parts Animal to You or any other person under or in connection with these terms and conditions, or in connection with the Services, this Website, another Member's acts or omissions, or Your use of or inability to use, the Services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Parts Animals liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
2.5 Indemnity: You agree to indemnify and keep indemnified Us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by Us to any person arising out of or in connection with Your failure to comply with these terms and conditions, Your sale or attempted sale of an Item prohibited under clause 4.2, or arising out of any content or Item You submit, post, transmit, or make available through the Services.
2.6 Breach: Without limiting any other rights and remedies available to Parts Animal, Parts Animal may limit Your activities on the Website, remove Your Listings, warn other Members of Your actions, issue a warning to You, suspend or terminate Your Membership, or refuse to provide Our Services to You if You breach these terms and conditions at the sole discretion of Parts Animal.
BECOMING A MEMBER
3.1 Becoming a Member: You may apply to register as a Member from any location in the world. By registering as a Member, You warrant that You are of full age and capacity and have the authority and all the necessary consents enabling you to enter into a contract with Parts Animal which is legally binding and enforceable against You.
3.2 Accurate Information: You warrant that You have provided complete, accurate and current personal information when registering as a Member. Parts Animal may phone, email or mail You to verify these details. You must not register as a Member under multiple identities or personas (whether false or not).
3.3 Termination of Membership: Parts Animal reserves the right to decline to register or to terminate Your Membership without entering into further discussions with You. Without limiting the foregoing, Parts Animal may terminate Your Membership if a serious complaint or multiple complaints are received about You from other Members, if You breach these terms and conditions, if You impersonate another Member, or if We, at Our sole discretion, deem Your behaviour to be unacceptable. All Members can terminate their Membership by giving Parts Animal one (1) months notice via email or written letter to Our registered business address.
3.4 Security of Your login information: You are responsible for keeping Your login information, including Your login and password, secret and secure. Without limiting the foregoing, You agree:
not to permit any other person to use Your User name or Membership; and
not to disclose, or provide to any other person, Your User name or any other information in connection with Your Membership that may allow them to gain access to Your Membership.
3.5 Emails and newsletters: Parts Animal may send You emails relating to Your Membership, transactions and other activities on the Website, and for promoting and marketing other Parts Animal products and Services to You. Parts Animal may also send regular electronic newsletters to Members. Newsletters will contain instructions for how You can unsubscribe from the mailing list.
All Listings or communications made through Parts Animal shall be made in good faith.
You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so.
You may not use a robot, spider, scraper or other unauthorised automated means to access the Website or information featured on it for any purpose.
All tax obligations are the responsibility of the seller and/or the buyer (as the parties determine).
You must not use the Services or the Website to promote Items for sale outside the Services.
You are responsible for any actions taken through Your Membership. Parts Animal Memberships are not transferable and therefore can not be sold, leased, lent or traded.
4.2 Your obligations as a Member Listing Items on Parts Animal
You will only enter Listings that are accurate, current, complete, and include all relevant information about the terms of sale.
You will only place Listings for Items that exist and are to be sold. You will not list Items that You are not legally entitled to sell or that are not either in Your possession or held to sub order.
You must not list anything that is illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or unsafe, anything which infringes 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 would violate any, law. You are responsible for ensuring that any Listing by You does not breach this clause 4.2(3).
You must 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.
Listings are not pre-screened for content. Parts Animal reserves the right to remove any Listing that it deems unsuitable or in breach of the terms and conditions.
5.1 Parts Animal Membership Fees
Parts Animal charges fees for the use of the Website as a venue.
Parts Animal is a non transactional Website and therefore does not charge any fee or commission for any transaction.
Parts Animal reserves the right to change the fees charged for any of Our Services at any time. In the event that We introduce a new service, the fees for that service are effective at the launch of the service, unless otherwise stated.
All fees are subject to VAT or GST where applicable and in the currency of the country in which the Member is registered and Services provided unless otherwise stated.
You must pay any fees immediately upon demand by Parts Animal.
6.1 System Integrity: Parts Animal will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, Parts Animal takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, Parts Animal assumes no responsibility for the corruption of any data or information held by Parts Animal.
6.2 Resolution of disputes: As Parts Animal is not a party to any sale or transaction between You and another Member, You agree not to involve, or attempt to involve, Parts Animal in any dispute or in the resolution of disputes that arise between You and another Member as a result of the Services provided.
6.3 Parts Animal Message Boards: Parts Animal may at its sole discretion provide Message Boards for the use of Parts Animal Members. The Message Boards may not be used to promote auctions, websites or any commercial or business activity. Parts Animal is not responsible for any of the opinions expressed in the Message Boards. By posting a message to the message board You agree to take full legal responsibility and liability for Your comments, including for offensive or defamatory statements.
6.4 Force Majeure: Without prejudice to clause 2.3(1), Parts Animal has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of Parts Animal to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Parts Animal.
6.5 No Waiver: Failure by Us to exercise or enforce any right available to Us under these terms and conditions, does not constitute a waiver of those rights.
6.6 Partial Invalidity: 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.
6.7 Governing Law: These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the New Zealand courts.
6.8 Intellectual Property Rights: Parts Animal (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the Website.
You may not without Our prior written permission, in any form or by any means:
Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
Commercialise, copy, or on-sell any information, or Items obtained from any part of this Website.
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: Parts Animal collects personal information about You through Your use of the Services and the Website, including:
Your registration details; and
information relating to Your use of the Website and the content You access.
You agree that Parts Animal may use this personal information to assist Us to provide the Services to You, for internal research purposes, to verify Your identity, to enforce or apply Our terms and conditions, to protect the rights, property, or safety of Parts Animal, Our Users, or others, for promoting and marketing other Parts Animal 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. We release account and other personal information only when We believe release is appropriate to comply with law; facilitate court proceedings; enforce or apply Our terms and conditions; or protect the rights, property, or safety of Parts Animal, Our Users, or others. Government agencies with statutory roles enabling them to request information from Us include but are not restricted to the Police, and HM Revenue and Customs. You may contact Parts Animal to ask whether information has been provided to government agencies.