I. INTRODUCTION

The sales.nzsheep.co.nz (“website”) is owned and managed by the New Zealand Sheepbreeders’ Association (“NZSBA”, “we,” “us,” or “our”).

We offer you access to our services through our “website” (defined below) subject to the following Terms of this agreement, which may be updated by us from time to time with or without prior notice to you. By accessing and using this Website, you acknowledge that you have read, understood and agree to be lawfully bound by these Terms and Conditions and our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with NZSBA in any way, your only choice is to immediately discontinue use.

II. DEFINITIONS

  • “Agreement” refers to this Terms and Conditions and the Privacy Policy and other documents provided to you by the Website;
  • “User”, “You” and “Your” refers to the person who is accessing for using any service from us. User shall include the company, partnership, sole trader, person, body corporate or association using the services of this Website;
  • “Advertiser” refers to the sellers accessing or registering with the website for posting ads for listing their goods and/or services on the website;
  • “We”, “us”, “our” are references to NZSBA;
  • “Website” shall mean and include “https://sales.nzsheep.co.nz, and any successor Website or any of its affiliates;
  • “UserAccount” shall mean an electronic account opened for the user for utilizing various services offered on the website;

 III. INTERPRETATION

  • All references to the singular include the plural and vice versa and the word “includes” should be construed as “without limitation”.
  • Words importing any gender shall include all the other genders.
  • Reference to any statute, ordinance, or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments, or replacements for the time being in force.
  • All headings, bold typing, and italics (if any) have been inserted for convenience of reference only and do not define limit, or affect the meaning or interpretation of the terms of this Agreement.

IV. INTRODUCTION AND SCOPE

  • Scope: These Terms govern your use of the Website and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Products or Services, which are governed by their terms of service.
  • Eligibility: Certain Service of the Website is not available to minors under the age of 18 or to any users suspended or removed from the system by us for any reason.
  • Electronic Communication: When you use this Website or send e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive a reply communication from us electronically in the same format and you can keep copies of these communications for your records.

V. SERVICES

sales.nzsheep.co.nz is an easy to navigate Classified Ads website.

On our website you can:

  • list ads for individual sheep sales, livestock auctions and on-farm sales
  • advertise stock grazing
  • advertise for work wanted or available
  • easily create ads with pictures & videos
  • easily manage your selling & buying activities 

VI. MODIFICATIONS TO THE SERVICE

We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms (collectively, “Changes”), at any time. We may notify you of changes by posting a revised version of the Terms incorporating the changes to our Website. Your continued use of the Site following the posting of changes will mean that you accept and agree to the Changes. 

VI. MODIFICATIONS TO THE SERVICE

For accessing the website and using certain resources, you may be required to provide specific information and to create a user ID and password to establish an account. When you create an account, we collect registration-related information such as name, address, e-mail, and phone number. Once you submit the required registration information, we alone will determine whether or not to approve your proposed account. If approved, you will be sent an e-mail detailing how to complete your registration. You accept that the details you provide about establishing an account are correct and that you will keep your details up-to-date. You are responsible for the security of all of your user names, passwords, and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorised or not) of your accounts. You agree to notify us immediately about any unauthorised activity regarding any of your accounts or other breaches of security. We may at our discretion suspend or terminate any of your user names and passwords at any time with or without notice. 

VIII. ABOUT OUR SERVICE

We act as an aggregator and provide you a platform where sellers list their goods and services that have been designed to save you time and money. We strive to provide you with the information you need to make an informed choice on which good/or service best suits your needs. We accept no responsibility for any loss, damage, or death that happens during and after the service. User shall indemnify us for all claims and liabilities arising out due to use of the website by the user, including costs and expenses incurred.

IX. SCAMMING, SPAMMING, OR MISLEADING USERS

We believe NZSBA and its websites should maintain a clean and safe environment and we work hard to make it reliable and useful to both, Buyer and Seller. Therefore we do not tolerate any illegal activities, scams, spam, or trying to mislead other users to gain an advantage, get free work, or ask others to perform actions that are not legal. We monitor many things in the backend and as soon as we notice strange behavior, we put such accounts on hold and contact the owner. In cases where we have proved that a user has tried to perform an illegal activity, we will immediately terminate such an account. 

X. USER CONTENT

The website permits you to submit content, but you are solely responsible for the content submitted by you. You represent that you have required permission to use the content.

Content prohibited on this website is as follows:

  • anything that contains profane, abusive, racist or hateful language or expressions, text, photographs or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature;
  • that is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims;
  • that violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;
  • that discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;
  • that violates or inappropriately encourages the violation of any local or international law, rule, regulation, or ordinance;
  • that uses or attempts to use another’s account, password, service, or system except as expressly permitted by the Terms of use uploads or transmits viruses or other harmful, disruptive, or destructive files;
  • that sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects.

Your Content must be your own and must not be invading any third-party’s rights or copyright. NZSBA reserves the right to remove any of Your Content from this Website at any time without notice.

You are responsible for any legal costs arising from the misuse of any Copyrighted content, such as images, used in your listings.

Any such submitted content will be refused by us. If repeated violations occur, we reserve the right to cancel user access to the website without advanced notice. 

XI. GENERAL CONDITIONS

  • We do not guarantee the accuracy, completeness, validity, or timeliness of information listed by third parties on our website.
  • We make material changes to these terms and conditions from time to time, we may notify you either by prominently posting a notice of such changes or via email communication.
  • NZSBA is not responsible for any information included in ad listings on this website, but we reserve the right to take any post down if proven to be illegal or inappropriate in any way.

XII. USER RESPONSIBILITIES

  • You shall not use or access the Website for collecting any market research for a competing business;
  • You shall not misrepresent or impersonate any person or entity for any false or illegal purpose;
  • You will not use any device, scraper, or any automated device to access the Website for any means without permission.
  • You will inform us about anything that is inappropriate or you can inform us if you find something illegal;
  • You will not interfere with or try to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or try to gain access to any data, files, or passwords connected to the Website through hacking, password or data mining, or any other means;
  • You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website;
  • You will inform us of unsuitable content of which you become aware. If you discover something that infringes any law, please let us know, and we’ll review it;
  • You agree to comply with all applicable domestic laws, statutes, ordinances, and regulations regarding your use of our Website. We reserve the right to investigate complaints or reported violations of our Terms and to take any action we deem appropriate, including but not limited to canceling your user account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties

 We reserve the right, in our sole and absolute discretion, to deny you access to the Website or any service, or any portion of the Website or service, without notice, and to remove any content. 

XIII. USER’S OBLIGATIONS

  • User takes full responsibility for all information that they provide on the sales.nzsheep.co.nz Website and must indemnify NZSBA of any liability incurred by NZSBA as a result of such information.
  • All information provided by a User on the sales.nzsheep.co.nz Website must be accurate and kept up-to-date. This includes the correct name, address, telephone number and product or service details. Details entered by the User on the sales.nzsheep.co.nz Website will be publicly visible and may appear in search engine results.
  • Use of the sales.nzsheep.co.nz Website is entirely at a user‘s own risk. A user must exercise reasonable caution when using the sales.nzsheep.co.nz Website or when meeting sellers accessed through the website.
  • There should be no advertisement for the listing of any goods or services which is prohibited or restricted by applicable law, including without limitation such product/service, the listing of which is prohibited or regulated by enforceable or local laws.

XIV. LISTING POLICY

  • All advertisements are in a specific format and will not change unless agreed upon.
  • We will not be held liable for any outcome from an advertisement listed.
  • We will not communicate on any user’s behalf.
  • The advertisement will remain on the site for the agreed-upon period.
  • We reserved the right to remove any ad at our discretion.
  • We will not be held liable for the information advertised with the product/service that has been entered by the user.
  • The advertisement does not contain anything that is ambiguous or misleading or likely to deceive or mislead or that is defamatory or indecent or which otherwise offends the ethical and moral standards of society. Further, the advertisement does not infringe a copyright, trademark, or otherwise infringes any intellectual property rights; that breaches any provision of any statute, regulation, by-law or any other rule or law, as may be applicable in force from time to time.
  • The publication of the advertisement will not give rise to any claim or action against sales.nzsheep.co.nz or any of its employees, directors, representatives, etc.
  • Advertisements must comply with local, and National laws, Rules, Regulations, Guidelines, policies, as may be applicable, from time to time.
  • We reserve the right to reject any advertisement after acceptance of the release order/material. We do not accept any responsibility for advertisements missed or rejected after acceptance of release orders/ materials.
  • The decision of sales.nzsheep.co.nz and NZSBA will be final in all matters.

XV. EXCLUSION OF LIABILITY

We accept no responsibility for delays/errors due to circumstances outside of our control (Force Majeure). These circumstances can be, for example, due to labour conflict, fire, war, government decisions, reduced or non-delivery from the other user. We shall not be liable and responsible for the behavior of the users. You understand and agree that we:

  1. do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and
  2. shall not be responsible for any materials posted by us or any third party.

You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party. Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use of the sales.nzsheep.co.nz Website including loss of data or information or any kind of financial or physical loss or damage. In no event shall NZSBA, nor its owners, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from:

  1. your use or access of or failure to access or use the Service;
  2. any conduct or content of any third party on the Service; and
  3. unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we’ve been aware of the possibility of such damage. 

XVI. NO RESPONSIBILITY

We are not responsible to you for:

  • any losses you suffer because the information you put into our website is inaccurate or incomplete; or
  • any losses you suffer because you cannot use our website at any time; or
  • any errors in or omissions from our website; or
  • any unauthorized access or loss of personal information that is beyond our control.

XVII. SPAM POLICY

You are strictly prohibited from using the Website or any of our Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails. 

XVIII. THIRD-PARTY LINKS

The Website may comprise links to external or third-party Websites (“External Sites”). These links may be provided exclusively to you and not as an authorisation by us of the content on such External Sites. The content of such External Sites is created and used by others. You can communicate with the site administrator for those External Sites. We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites. You should take safety measures when you are downloading files from all of these Websites to safeguard your computer from viruses and other critical programs. If you agree to access linked External Sites, you do so at your own risk.

XIX. PERSONAL INFORMATION AND PRIVACY POLICY

By accessing or using this Website, you approve us to use, store, or otherwise process your personal information as per our Privacy Policy. 

XX. ERRORS, INACCURACIES, AND OMISSIONS

Every effort has been taken to ensure that the information offered on this Website is accurate and error-free. We apologize for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Website will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available are free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy. 

XXI. DISCLAIMER OF WARRANTIES / LIMITATION OF LIABILITY

The website and the service are provided on an “as is” and “as available” basis without any warranties of any kind, including that the website will operate error-free or that the website, its servers, or its content or service are free of computer viruses or similar contamination or destructive features. We disclaim all licenses or warranties, including, but not limited to, licenses or warranties of title, non-violation of third parties rights, and fitness for a particular purpose, and any warranties arising from a matter of dealing, course of performance, or usage of trade.

In relation with any warranty, contract, or common law tort claims:

  1. We shall not be liable for any unintended, incidental, or substantial damages, lost profits, or damages resulting from lost data or business stoppage resulting from the use or inability to access and use the website or the content, even if we have been recommended of the possibility of such damages.
  2. The website may comprise technical incorrectness or typographical errors or omissions. Unless required by applicable laws, we are not accountable for any such typographical, technical, or pricing errors recorded on the website.
  3. The website may contain information on certain services, not all of which are available in every location. A reference to a service on the website does not suggest that such service is or will be accessible in your location.
  4. We reserve the right to do changes, corrections, and/or improvements to the website at any time without notice. 

XXII. COPYRIGHT AND TRADEMARK

The Website contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be possessed by us or third parties. Unauthorized use of the Content may infringe copyright, trademark, and other laws. You have no rights in or to the Content, and you will not take the Content except as allowed under this Agreement. No other use is allowed without prior written consent from us. You must recollect all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not transfer, provide license or sub-license, sell, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other Website or in a networked computer environment for any purpose is expressly prohibited. If you infringe any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content. Our trademarks, service marks, and logos used and displayed on the Website are registered and unregistered trademarks or service marks of us. Other product and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. None of the Content may be retransmitted without our express, written consent for every instance. 

XXIII. INDEMNIFICATION

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misuse of the Content or the Website. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter. 

XXIII. INDEMNIFICATION

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misuse of the Content or the Website. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter. 

This document was last revised on 29th July 2022