TERMS AND CONDITION
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS GOVERN ACCESS TO, AND THE USE OF APPLICATIONS AND/OR THE WEBSITE PROVIDED BY ACCENT INFOTECH LIMITED (TRADING AS ALL SALE) (“WE”, “OUR”, “US”). BY ACCESSING/USING THE WEBSITE YOU AGREE TO BE BOUND AND ACCEPT THESE TERMS AND CONDITIONS. YOU ACKNOWLEDGE THAT WE DO NOT OWN OR HOLD ANY GOODS, NOR ACT AS AN AGENT FOR EITHER THE VENDOR OR THE PURCHASER. WE ARE NOT A PARTY IN ANY TRANSACTION BETWEEN THE VENDOR AND PURCHASER, ALL TRANSACTIONS ARE AT YOUR OWN RISK.
By accessing and/or using the Website:
you agree to be bound by these Terms and Conditions; and
where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms and Conditions on that person’s behalf and that, by agreeing to them on that person’s behalf, that person is bound by them.
If you do not agree to these Terms and Conditions, you are not authorised to access and use the Website, and you must immediately stop doing so.
We may change these Terms and Conditions at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms and Conditions. By continuing to access and use the Website, you agree to be bound by the Terms and Conditions as amended from time to time.
We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
These Terms and Conditions were last updated on 25 October 2023.
You must provide true, current and complete information in your dealings with us (including when setting up an Account) and must promptly update that information as required so that the information remains true, current and complete.
When listing Goods for sale from our website, you confirm that you have authority and ownership of the Goods.
When purchasing from our website, you confirm and acknowledge that you are eighteen (18) years of age or over and able to enter into contracts. We reserve the rights to take legal action and seek compensation for any loss, claim or damage we may suffer as a result of a purchase entered into by a person who is under eighteen (18) years of age, from the parent or guardian who causes an order to be placed or a purchase made.
You must:
not act in a way, or use or introduce anything (including any malware, virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
only access the Website via standard web browsers and not by any other method, unless with our written agreement. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to info@allsale.co.nz.
You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms and Conditions, including any failure of a person who accesses and uses our Website by using your User ID.
We are in no way liable for any Loss you suffer or incur as a direct or indirect result of your failure to comply with these Terms and Conditions, including any failure of a person who accesses and uses our Website by using your User ID.
The Price payable for Goods shall be the price displayed on our Website, or as quoted to you in writing by the Vendor, and as altered in the Vendor’s sole discretion from time to time.
We may charge listing fees or offer promotions, at our sole discretion and as amended from time to time.
Time for payment of the Price being of the essence, the Price will be payable by you in full as arranged between you and the Vendor of the Goods.
Payment must be made via our Website, in cleared funds by direct debit, on-line banking or by any other method stipulated or approved by the Vendor. If you don’t pay for the Goods you’ve agreed to purchase, and the Vendor complains we may issue a warning or suspend or terminate your account, without notice.
The Vendor must include GST on all prices and listings must be in New Zealand dollars. You must pay GST at the relevant rate (as set out in the Goods and Services Tax Act 1985), without deduction or set off of any other amounts, at the same time and on the same basis as you pay the Price. In addition, you must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
We are not responsible for the content of advertisements appearing on our Website, and such responsibility rests solely with the advertiser.
The advertiser must supply all advertisement material for publication and ensure that material provided does not contain anything which is misleading or breaches the Fair Trading Act 1986 in any way or infringes the intellectual property rights of any other party and complies with all regulations, statutes or other rule of law.
You, as advertiser, warrant to us that the advertisement material complies with the Advertising Code of Practice and industry standard of advertising in New Zealand.
Paid Advertisement on our Website
We may agree to promote and advertise your service or product on our website, with any such decision being in our sole discretion. For the sake of clarity, this clause 8.4 does not cover any specific listings for Goods, and is specific to paid advertisements agreed directly with us.
The advertiser will have 72 hours from the time of publication to request any changes, in writing, or any other such period as we may advise from time to time. If you, as advertiser, do not provide any written request for changes during this timeframe then the publication will be deemed to be accepted in all respects and we shall have no liability in any way for any defect or matter arising out of the advertising material.
We may at any time and without notice, cancel, reject or refuse to publish any advertising material.
We do not guarantee the availability of placement of advertisements and will not be liable to you, as advertiser, in any way if any request cannot be met.
The rate for advertisement on the Website will be stated on our invoice, with payment promptly due by the 20th of the month following the date of publication of the advertisement. If any invoice remains unpaid we may refuse to publish future advertisements and charge default interest on all unpaid amounts from the due date until the date full payment of the invoice is received.
We reserve the right to cancel any listing of Goods subject to these Terms and Conditions, and/or to cancel the Vendors provision of the Goods at any time before the Goods are delivered, by giving you written notice at our sole discretion.
In the event we exercise our rights pursuant to clause 9.1, we shall not be liable for any Loss arising from such cancellation.
Upon cancellation of any order or listing for Goods, all the provisions of these Terms and Conditions will cease to have effect, save for those provisions intended to and that will survive and continue to have effect (in accordance with their terms or otherwise indefinitely).
Cancellation of any order for Goods will not affect either party’s accrued liabilities and rights (including, where relevant, any accrued rights to be paid) as at the date of cancellation.
The delivery method for the Goods can be selected and paid for at the time of purchasing the Goods. If you choose to have the Goods delivered by courier, the courier shall be deemed to be your agent.
Delivery will be completed when the Vendor delivers the Goods to the address nominated by you.
We shall not be liable for any loss or damage incurred by you as Purchaser whatsoever, due to the failure of the Vendor to deliver the Goods promptly or at all.
If any item is faulty, or not as described in the listing, the Vendor may choose to refund, replace or repair it. Any refund, replacement or repair is to be negotiated between the Vendor and Purchaser.
We take no responsibility for the correctness of the information provided in any listing of Goods.
The provisions of these Terms and Conditions are strictly confidential to the parties. Neither party may disclose or permit to be disclosed any provision of, or any information (and particularly any financial information) relating to the contract the subject of these Terms and Conditions to any person not a party to them without first obtaining the written consent of the other party as to both the person to whom disclosure is to be made and the terms of such disclosure.
We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.
To the extent that we develop or create any intellectual property as the result of providing the Goods, we shall retain ownership of all the rights in that intellectual property and any commercial applications thereof.
The rights to intellectual property as set out in this clause 14 shall not limit our confidentiality obligations as provided by clause 13.
Where a Force Majeure Event gives rise to a failure or delay in either Party performing its obligations required by this agreement (other than obligations to make payment), those obligations will be suspended for the duration of the Force Majeure Event.
Where a Party’s obligations have been suspended pursuant to clause 15.1 for a period of 90 days or more, the other party may immediately terminate this Agreement by giving notice in writing to the other Party.
To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
the Website being unavailable (in whole or in part) or performing slowly;
another member (whether the Vendor or Purchaser’s) acts or omissions, whether for negligence, breach of contract, breach of statutory duty or otherwise;
any error in, or omission from, any information made available through the Website;
any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable laws in your jurisdiction.
To the maximum extent permitted by law:
you access and use the Website at your own risk; and
we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms and Conditions, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
We are not liable or responsible for the accuracy or truth of Vendor listings or any guarantees that the Vendor has made in respect of the Goods.
Except to the extent permitted by law, nothing in these Terms and Conditions has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to the Price of the Goods.
To the maximum extent permitted by law and only to the extent clauses 17.1, 17.2 and 17.3 of these Terms and Conditions do not apply, our total liability to you under or in connection with these Terms and Conditions, or in connection with the Website, or your access and use of (or inability to access or use) the Website, does not exceed the Price of the Goods.
If we need to contact you, we may do so by email or by SMS message. You agree that this satisfies all legal requirements in relation to written communications.
These Terms and Conditions, and any dispute relating to them or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms and Conditions or the Website.
For us to waive a right under these Terms and Conditions, the waiver must be in writing.
If any part or provision of these Terms and Conditions is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms and Conditions and the remainder of these Terms and Conditions will continue to be binding and enforceable.
These Terms and Conditions set out everything relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to them. You accept and acknowledge that you have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in these Terms and Conditions, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms and Conditions.
Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms and Conditions or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it or listing).
On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.
No Party to this agreement shall commence any court or arbitration proceedings relating to any dispute arising out of this agreement (including any dispute as to the validity, breach or termination of this agreement or as to any claim in tort, in equity or pursuant to any statute) unless that Party has complied with the provisions of this clause 20.
Any Party who claims that a dispute has arisen under or in relation to this agreement must give written notice to every other Party specifying the nature of the dispute.
On receipt of such notice by a Party, the Parties to this agreement:
Must co-operate and use their best endeavours to resolve the dispute expeditiously.
If they do not resolve the dispute within seven days of the receipt of the notice (or such further period as they may agree in writing), they must refer the dispute to mediation (“the mediation”).
The mediation shall in all respects be conducted in terms of the Resolution Institute Standard Mediation Agreement (NZ version).
The mediation shall be conducted by a mediator and at a fee agreed by the Parties, and failing agreement between the Parties, the mediator shall be selected by the Chair for the time being of Resolution Institute.
A Party who seeks urgent interlocutory relief may, by written notice to each other Party to the dispute, elect not to comply with the provisions of clauses 20.1 to 20.5, but only to the extent of the relief sought and for the period required to dispose of the application for such interlocutory relief. Except to that extent, on the disposal of the application the provisions of clauses 20.1 to 20.5 inclusive shall once again take effect.