1APPLICATION OF TERMS
1.1These Terms apply to your use of the TRADEE Website and Application. By accessing and using the TRADEE Website and Application:
- you agree to these Terms; 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 on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
1.2If you do not agree to these Terms, you are not authorised to access and use the Website and Application, and you must immediately stop doing so.
2.1We may change these Terms at any time by updating them on the Website and Application. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website and Application, you agree to be bound by the changed Terms.
2.2We may change, suspend, discontinue, or restrict access to, the TRADEE Website and Application without notice or liability.
2.3These Terms were last updated on 01/06/2018
- In these Terms:
- including and similar words do not imply any limit
- Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
- personal information means information about an identifiable, living person
- Underlying System means any network, system, software, data or material that underlies or is connected to the TRADEE Website and Application
- User ID means a unique name and/or password allocated to you to allow you to access certain parts of the TRADEE Website and Application
- We, us or our means TRADEE Ltd
- TRADEE Website and Application means www.tradee.co
- You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.
- User or subscriber means a paying customer of TRADEE who pays to access the platform.
4.1You 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.
4.2If you are given a User ID, you must keep your User ID secure and:
- not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
- immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to firstname.lastname@example.org
- not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the TRADEE Website and Application or any Underlying System, or otherwise attempt to damage or interfere with the TRADEE Website and Application or any Underlying System; and
- unless with our agreement, access the TRADEE Website and Application via standard web browsers only and not by any other method. 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.
4.4You must obtain our written permission to establish a link to our Website and Application. If you wish to do so, email your request to email@example.com
4.5You indemnify us against all and any Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our TRADEE Website and Application by using your User ID.
- We (and our licensors) own all proprietary and intellectual property rights in the TRADEE Website and Application(including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.
6.1To 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 TRADEE Website and Application being unavailable (in whole or in part) or performing slowly;
- any error in, or omission from, any information made available through the Website and Application;
- 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 and Application. To avoid doubt, you are responsible for ensuring the process by which you access and use the TRADEE Website and Application protects you from this; and
- any site linked from the Website and Application. Any link on the TRADEE Website and Application to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
6.2We make no representation or warranty that the TRADEE Website and Application 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 TRADEE Website and Application is not illegal or prohibited, and for your own compliance with applicable local laws.
7.1To the maximum extent permitted by law:
- you access and use the TRADEE Website and Application 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, the Website and Application, or your access and use of (or inability to access or use) the Website and Application. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
7.2Except to the extent permitted by law, nothing in these Terms 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 NZD100.
7.3To the maximum extent permitted by law and only to the extent clauses 7.1 and 7.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website and Application, or your access and use of (or inability to access or use) the Website and Application, must not exceed NZD100.
8.1You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the TRADEE Website and Application available to you. For example, we may need to have your contact information in order to provide you with updates from our Website and Application.
8.2When you provide personal information to us, we will comply with the New Zealand Privacy Act 1993.
8.3The personal information you provide to us (including any information provided if you register for an account) is collected and may be used for communicating with you, statistical analysis, the marketing by us of products and services to you, credit checks (if necessary), and research and development.
8.5Generally, we do not disclose personal information to third parties for them to use for their own purposes. However, some of the circumstances in which we may do this are:
- to service providers and other persons working with us to make the TRADEE Website and Application available or improve or develop its functionality (e.g. we may use a third party supplier to host the Website and Application);
- in relation to the proposed purchase or acquisition of our business or assets; or
- where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency.
8.6Any personal information you provide to us may be stored on the secure servers of our trusted service providers, which may be located outside New Zealand. This may involve the transfer of your personal information to countries which have less legal protection for personal information than New Zealand.
8.7You have the right to request access to and correction of any of the personal information we hold about you. If you would like to exercise these rights, please email us at firstname.lastname@example.org
9SUSPENSION AND TERMINATION
9.1Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the TRADEE Website and Application(or any part of it).
9.2On suspension or termination, you must immediately cease using the TRADEE Website and Application and must not attempt to gain further access.
10.1If we need to contact you, we may do so by email or by posting a notice on the Website and Application. You agree that this satisfies all legal requirements in relation to written communications.
10.2These Terms, and any dispute relating to these Terms or the Website and Application, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website and Application.
10.3For us to waive a right under these Terms, the waiver must be in writing.
10.4Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.5, 5, 6, 7, 10.1, continue in force.
10.5If any part or provision of these Terms 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. The remainder of these Terms will be binding on you.
10.6These Terms set out everything agreed by the parties relating to your use of the TRADEE Website and Application and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the TRADEE Website and Application that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.
11.1Due to the nature of our digital products, TRADEE does not provide refunds or exchanges of credit for any transactions made between TRADEE and a subscribed user.