- In these terms and conditions, "we" "us" "Schoolies" and "our" refers to Schoolies Limited. Your access to and use of all information on this website is provided subject to the following terms and conditions.
Acceptance of terms and conditions
- The terms and conditions are the terms on which we offer you access to our website. By registering as a member of our website you accept these terms and conditions. These terms and conditions represent a legally enforceable contract between us and you. Our website and the services it offers may only be used by residents of New Zealand.
- We reserve the right to amend these terms and conditions at any time and your use of our website following any amendments will represent your agreement to be bound by these terms and conditions as amended.
- Members must be over 18 years of age.
- You must keep your membership details true and accurate at all times.
- We reserve the right to suspend or terminate your membership without notice at any time and for any reason.
Use of the Schoolies website
- Our website provides a venue to enable the facilitation of buying and selling school uniforms and related items (as determined by us). We do not take part in the sale of any items other than by providing our website as a venue for members to trade with each other. If a buyer agrees to purchase a uniform from a seller, a contract will be formed between the buyer and the seller directly. We do not act as an agent for either party, do not participate in any sale between you and other members, are not a party to any contract formed between a buyer and a seller, and are in no way liable or responsible for any failure by either a buyer or seller to complete a transaction. Delivery of uniforms is to be organised between the buyer and seller.
- Financial transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that we have no responsibility or liability for any conduct of members including, without limitation, members registering under false pretences, attempting to defraud you, or failing to complete a transaction. We give no undertakings, representations, or warranties whatsoever in relation to items sold by members on our website.
- We may suspend or discontinue our website at any time without notice.
- You must keep your user identification codes and passwords secure, and contact us immediately if you suspect any unauthorised use or disclosure of your user identification codes or passwords. You are fully responsible for the safekeeping of your password and for all use of or access to our website by anyone using your password.
- Delivery of uniforms is to be organised between the buyer and seller.
- You must not list your email address, phone number or any other contact details within the description of the listing.
- All listings must be in New Zealand dollars, and shall be inclusive of all taxes, tariffs, duties and other costs (if any, except for postage and packaging). All tax obligations are the responsibility of the seller/and or the buyer (as agreed by trading parties).
- Our website has been established to facilitate the trading of school uniforms, sports uniforms and related items among New Zealand buyers and sellers. Any other use of our website is not permitted. We take no responsibility for the accuracy or completeness (or inaccuracy or incompleteness) of listings, or for any problems or issues relating to delivery and payment for items (including, without limitation, non-payment or non-delivery).
- Listings are not pre-screened for content. We may edit or remove any listing (without notice) that comes to our attention and which we consider does not comply with these terms and conditions, or that we otherwise consider inappropriate or unsuitable.
Your obligations as a seller
- You must act in good faith.
- You must be located in New Zealand.
- You may only enter listings that are accurate, honest and representative of the item(s) for sale.
- You may only place listings for items that exist, are in saleable condition and in your possession, and which you are legally entitled to sell.
- You must ship a sold item to the buyer as soon as possible, and no later than one week after receiving payment unless otherwise agreed with the buyer. You must charge the buyer only fair and reasonable amounts for postage and packaging.
Obligations as a buyer
- Buyers must act in good faith.
- Once you have confirmed the purchase of an item on our website, you are committed to completing the purchase at the agreed price including the price of any postage and packaging. Buyers must pay for goods purchased as soon as possible, and no later than one week unless otherwise agreed with the seller.
- You may only give feedback that relates to a specific transaction, and must not include any contact details or personal information in your feedback.
- You must not engage in retaliatory feedback or behaviour.
- You must not post false, misleading, offensive or defamatory feedback, or feedback that infringes the intellectual property of any person.
- We are not responsible for any feedback, however we may at our discretion remove or edit any feedback that we consider does not comply with these terms and conditions, or that we otherwise consider inappropriate or unsuitable.
Intellectual Property Rights
- No part of our website (including listings feedback or member information, or other material underlying and forming part of the website) may be copied, adapted, stored, reproduced, or retransmitted in any way, or by any means, without our prior written permission. The content of our website ("Content") is protected by copyright and/or other intellectual property laws (including all rights conferred under statute, common law and equity in and in relation to inventions, designs, trade marks, trade names, logos and get up, confidential information and copyright and any other right granted by operation of law which confers protection on any written, artistic or other work created by intellectual effort and all associated intangible assets created as a by-product (including market position, brands and trade names) in relation to any work, collectively referred to as "Intellectual Property Rights".
- Unless otherwise agreed in writing, title, ownership, rights, and all Intellectual Property Rights in any material provided by us, including but not limited to the Content shall remain at all times with us or our licensors. You agree that you will not in any way question or dispute our / our licensor's ownership of these Intellectual Property Rights.
- You grant us an irrevocable perpetual licence to reproduce, publish, copy, transmit or use any documents, information, ideas, suggestions or other material uploaded or entered by you into our website or otherwise provided to us.
- Our website is provided strictly on an "as is" and "as available" basis and at your own sole risk, and we do not warrant or represent that use of our website will be uninterrupted or error-free, or that any information will be complete, correct or up-to-date.
- We do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
- To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded. Where a condition or warranty cannot legally be excluded, our maximum liability and your sole remedy shall be limited to (at our election) the supplying of the service again, or the payments made by you to us in the preceding 3 months.
- Except as provided in clause 34, under no circumstances shall we be liable for any costs, losses, damages or harm whatsoever (including, without limitation, direct loss, indirect or consequential loss, loss of profits, business interruption, loss or release of data, information or documents, reputational damage, or other pecuniary loss) in contract, tort (including negligence) or otherwise, arising in any way out of or in connection with our website or any transaction, even if we have been advised of the possibility of such damages.
- We are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
- From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
- By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses (including legal fees and disbursements on a solicitor and own client basis) arising from or in connection with your use of our website, any breach of these terms and conditions, any act or omission for which you are responsible, any transaction between you and another member, or any claim or demand by any other person in connection with your use of our website.
- We shall not be liable for any delay or failure to perform any obligation under these terms and conditions to the extent that the delay or failure is caused by an event beyond our reasonable control. Those events include but are not limited to acts of God, acts of Government, equipment failure, and communications failure.
- These terms and conditions are to be governed by and construed in accordance with the laws of New Zealand and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New Zealand and you agree to submit to the jurisdiction of those Courts.
- If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
- We undertake to take reasonable care of personal information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
- We may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders if we consider that you are or may be in breach of these terms and conditions, infringing any intellectual property right, or if we are required by law.
- You shall not transfer or assign any of your liabilities or rights under these terms and conditions to any other person without our prior written consent. We may transfer or assign part or all of our rights and obligations under these terms and conditions to another party in our absolute discretion.
- These terms and conditions represent the whole of the contract and understanding between the parties, and replaces all prior agreements and understandings between the parties, whether written, oral or both, with respect to the use of our website and related services. There shall be no variations to this agreement unless in writing
Physical location of Schoolies Limited
- Schoolies Limited is based in Woodridge Drive, Wellington, New Zealand