TERMS AND CONDITIONS Welcome to Adult Auctions.co.nz, New Zealand's own online trading community. These terms and conditions are intended to keep Adult Auctions a safe place to trade. 1.1 Acceptance of terms and conditions: The terms and conditions set out below are the terms on which Adult Auctions offers you access to the Adult Auctions services. By registering as a member of Adult Auctions you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Adult Auctions services. 1.2 Amendment of terms and conditions: These terms and conditions may be updated from time to time. Amendments will be effective immediately upon notification on this web site. You are responsible for ensuring you are familiar with the latest terms and conditions and your continued use of the services represents your agreement to be bound by the terms and conditions as amended. These terms and conditions were last updated 25th November 2003. 1.2 Terminology: In these terms and conditions, the following expressions have the meanings set out: 'item', 'items' means goods or services that may be bought or sold through the auction process. 'member' means a registered member of Adult Auctions; 'services' means any one or more of the offered by Adult Auctions from time to time, including online auctions, classifieds, message boards, and chat rooms and any other that may be offered; 'we', 'us' and 'our' are a reference to Adult Auctions; 'you' and 'your' are a reference to members; SPECIFIC WARNINGS 2.1 Description of the Adult Auction service: Adult Auctions provides a venue for buyers and sellers. Adult Auctions is only a venue, and does not take any part in the sales of items other than by providing this facility on our web site. In the event that a bid is accepted by a seller, a contract of sale will be formed between the buyer and the seller directly. We do not act as agent for either party. 2.2 At your own risk: Transactions conducted with other members are conducted entirely at your own risk. You agree that Adult Auctions takes no responsibility for any misconduct of any of its members including without limitation, members that have registered under false pretences or any attempts by members to defraud other members. Adult Auctions gives no warranties as to the content, safety, description or legality of the items that are listed on the site, or the ability of members to complete a transaction. 2.3 Disclaimer: You expressly understand and agree that: Your use of Adult Auctions is at your sole risk. To the extent permitted by law Adult Auctions expressly disclaims all conditions or warranties, which would otherwise be implied into these terms and conditions, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement. Adult Auctions makes no warranty that i) the services provided will be uninterrupted, timely, secure, or error free, ii) that the information provided on the web site is error-free or reliable, iii) the quality of any items obtained pursuant to the services provided by Adult Auctions will meet your requirements. No advice or information that is obtained by you from Adult Auctions or any member or otherwise shall create any warranty not expressly stated in the Terms and Conditions. We do not accept responsibility for any loss or damage however caused (including through negligence) which you may directly or indirectly suffer in connection with your use of this web site or any linked web site nor do we accept any responsibility for any such loss arising out of your use or reliance on information contained on or accessed through this web site, nor do we accept responsibility for the conduct of other members or third parties. We offer no warranties in relation to items sold or listed pursuant to the services provided by Adult Auctions. You acknowledge that we make no representation as to the ownership of title in items listed or sold, or as to the ability of either a buyer or seller to complete a transaction. We also offer no warranty in relation to the availability of any of the services. Responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers own web sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us and each advertiser is solely responsible for any representations made in connection with its advertisement. 2.4 Liability and Indemnity: You agree that: We will be under no liability to you in respect of any loss or damage (including indirect, special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly as a result of your use of the services offered on this web site or in respect of any act, failure, omission or breach of these terms and conditions by any member or another party to a transaction. You release and indemnify us against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us and arising out a failure by us to comply with these terms and conditions or a failure by the other party to a transaction to comply with these terms and conditions or to complete a transaction. You also release and indemnify us against all actions, claims and demands (including the costs of defending or settling any action, claim or demand) which may be instituted against us arising out of any act or omission on your part, including but not limited to a failure by you to comply with your obligations under these terms and conditions, or to complete a transaction. BECOMING A MEMBER 3.1 Becoming a Member: Becoming a member is free and there are no restrictions on who may become a member of Adult Auctions. 3.2 Accurate Information: You will provide complete and accurate personal information when registering as a member. You will maintain and update your personal information to keep it accurate and complete at all times. You will not register as a member under multiple identities or personas. 3.3 Termination of membership: Adult Auctions reserves the right to terminate the membership of any member of Adult Auctions without entering into further discussions with the member concerned. Membership will be terminated if multiple or serious complaints are received from other members, a member breaches these terms and conditions, or the site administrator in their sole discretion deems the behaviour of the member to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled. AUCTION RULES 4.1 General All listings, bids or communications made through Adult Auctions shall be made in good faith. Any feedback you provide on other members will be truthful, and non offensive. Member feedback may only be given for members with whom you have attempted or completed a transaction. You shall not attempt to damage or harm the Adult Auction site or services. All auctions and classifieds must be listed in New Zealand dollars and include GST. All tax obligations are the responsibility of the seller and/or the buyer. 4.2 Your obligations as a seller You will only enter listings (classifieds and auctions) that are accurate, truthful and complete and you will NOT place multiple entries for a single item. This includes not placing multiple entries in different categories for the same item. You will only place listings for items that exist and are to be sold and you will NOT list items that you are not legally entitled to sell. You acknowledge that this web site is not made available for sales involving illegal or illicit items, sales that are prohibited by law, sales of offensive items (including items of a defamatory or ethnically objectionable nature), sales of stolen items, sales of items which infringe copyright or other intellectual property rights, sales of items which have been illegally imported or sales of items which would require illegal import or export in order to complete the transaction. You agree to indemnify us against any liability which we may incur to a third party arising out of the sale or listing of items by you. Once bidding has begun, removing a listing for an auction will incur a non-refundable withdrawal fee, regardless of the reason. If the item sells outside of the Adult Auctions auction process, you MUST remove the item to prevent further bidding. Adult Auctions auctions may be used by individuals OR businesses, so long as the auctions represent items that may be bought or sold through the auction process. Adult Auctions classifieds may be used by individuals or businesses to sell specific goods only and not multiple or generic product listings. You will NOT use Adult Auctions to sell items that are of a speculative nature including, but not limited to pyramid, surf-for-free or similar schemes. You shall not manipulate prices through ghost-bidding or assuming multiple roles in a single transaction. For auctions, you must sell to the highest bidder if the reserve price is met. You shall only sell to a bidder who is not the highest bidder after reasonable attempts have been made to contact the winning bidder without success. For classifieds, you may choose to sell to any buyer at your discretion. The sale of films, videos, DVDs, VCDs and laser disks is covered by the Films, Videos and Publications Classification Act 1993. It is an offence to sell any of these items if they have not been examined and classified by the appropriate agencies. The offence carries a maximum penalty of $3,000 per publication. If any publication was sold, and deemed to be objectionable and where the seller knew the publication was objectionable, the maximum penalty consists of 10 year's imprisonment per publication. Therefore, when listing these items for sale, you must include within your listing, the New Zealand classification rating and all information on the classification label. Removal of listings: Listings are not pre-screened for content. Adult Auctions reserves the right to remove any listings that it deems unsuitable or in breach of the terms and conditions. Removal of listings may or may not result in the termination of membership. 4.3 Your obligations as a buyer Bids are not retractable and shall only be placed where there is a genuine intention to buy at the bid price entered. Reasonable allowances should be made for postage where applicable. If you are a buyer and you are notified that your bid has been successful, you must complete the transaction in the manner specified. By making a bid, you warrant and represent that you have the legal right to enter into and complete the transaction. You agree to comply with any other provisions set out in these terms and conditions. Your user name and the amount of your bid will be publicly shown for the duration of the auction. Non-paying bidders: Non-paying bidders will receive 2 warnings after complaint by a seller. The 3rd complaint by a seller will result in indefinite suspension of the member. Adult Auctions may also lodge a complaint with the Internet Service Provider of the member at its discretion. FEES AND ACCOUNTS 5.1 Adult Auctions Listing Fees and Success Fees Any non-commission listing fees are charged at the time of listing and are not refundable. Refunds may be made at Adult Auctions sole discretion. Adult Auctions will only issue refunds in the form of credit to the Adult Auctions account of the member. Cash refunds will not be issued. Credits on accounts with Adult Auctions are not transferable between members. Adult Auctions reserves the right to change the fees charged for any of our services. 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 charged to Adult Auctions accounts are inclusive of GST and in New Zealand dollars unless otherwise stated. No interest or other financial charges will be applied to Adult Auctions account balances. 5.2 Adult Auctions Accounts Adult Auctions maintains credit accounts, allowing members to use advanced listing options and pay for auction fees. Adult Auctions accounts may not be used for the payment of items sold using the Adult Auctions services. The minimum payment to your Adult Auctions account is $5. Payments under this amount will incur a $2 handling fee. Members with negative account balances are required to settle any outstanding debts immediately. Members that fail to settle outstanding account balances may have their memberships suspended or terminated. Adult Auctions reserves the right to take further action to recover outstanding debts and all charges in relation to the recovery of outstanding debts are payable by the member. Members who request their memberships be terminated may be refunded the balance of any credit account, subject to this clause. Promotional giveaways of Adult Auctions credits, bonus credits, or any free credits gifted to the member on registration will not be refunded. If you require a refund from your Adult Auctions account, the refund will incur a $5 manual processing fee. If you do not use the Adult Auction website for a period of 12 months (one year), any unused balance on your account will be considered forfeit and your membership will be suspended. The date of last usage is defined as the date that you last logged in to Adult Auctions. When a period of 11 months has elapsed since your last login date, Adult Auctions will attempt to contact you via your registered email address to inform you of your impending account forfeiture. If you fail to login for 12 months, any unused balance will be deducted from your account. Your 12 month period is reset every time you login to Adult Auctions GENERAL PROVISIONS 6.1 System Integrity: Adult Auctions will make the best possible efforts to ensure the best possible availability of the Adult Auctions web site and services, however Adult Auctions takes no responsibilty for any lack of system availability, or any losses that are incurred as a result of site availability or performance. No responsibility is assumed by Adult Auctions for the corruption of any of the data held by Adult Auctions 6.2 Resolution of disputes: Adult Auctions will not take part in the resolution of disputes that arise between members as a result of the services provided. Disputes should be resolved between the parties in dispute either directly, or through the use of an appointed dispute resolution expert. 6.3 Adult Auctions Message Boards Adult Auctions provides Message Boards for the use of Adult Auctions members. The Message Boards may not be used to promote auctions, web sites or any commercial or business activity. Adult Auctions is not responsible for any of the opinions expressed in the Message Boards. By posting a message to the message board or you agree to take full legal responsibility in the event that your comments are deemed offensive, defamatory, libelous, or otherwise, and indemnify us against any liability which we may incur to a third party arising out of your use of the message boards,or other services. 6.4 Force Majeure: We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control. 6.5 No Waiver: If we do not exercise any rights available to us under these terms and conditions on one occasion, it is not a waiver of those rights. 6.6 Partial Invalidity: If any provision of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, that provision shall be severed and the remaining terms and conditions shall continue in full force and effect. 6.7 Governing Law: These terms and conditions are governed by the laws of New Zealand. 6.8 Termination of Access: Access to this web site may be terminated at any time by us without notice. Our disclaimer will survive any such termination. 6.9 Copyright: Copyright in this web site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. You may not without our written permission, in any form or by any means: Adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this web site; or Commercialise or on-sell any information, items obtained from any part of this web site. Answer not covered in the online help? Contact us.