Terms & Conditions

For using FaceOff...

Gidday! Welcome to FaceOff - the online market place that’s 100% New Zealand owned and operated. These terms of use are the terms on which FaceOff Limited offers you access to FaceOff.

1.1 Acceptance of terms: By accessing FaceOff you accept these terms. If you do not accept these terms, you may not use FaceOff.

1.2 Amendment of terms: We may amend these terms from time to time. Amendments will be effective when posted on FaceOff. You are responsible for ensuring you are familiar with our latest terms of use. Your continued use of FaceOff represents your agreement to be bound by these terms as amended.

These terms were last updated on 28 July 2007.

1.3 Terminology: In these terms and conditions:

‘we’, ‘us’ and ‘our’ refer to Faceoff Limited.

‘you’ and ‘your’ refer to you and any other person using your member log-in details.

FaceOff means www.faceoff.co.nz and any other FaceOff website, and includes our associated services.

2.1 What we do: We provide an online place for members to buy and sell items.

2.2 What we don’t do: We are not a party to any sale through FaceOff. You deal directly with any buyer or seller, and any contract is directly between you and the buyer or seller.

We are not responsible for anything a member does or does not do. Neither do we:

(a) endorse or guarantee any product or service offered through FaceOff;

(b) make any representation, or give any other assurance, about any item, listing or member of FaceOff;

(c) try to verify any information provided by any person through FaceOff;

(d) try to resolve disputes between members over particular transactions; and

(e) have authority to bind any member or make any promise or statement on behalf of any member.

2.3 Our relationship with you: That said, we will operate FaceOff as we see best fit in assisting members trade safely and efficiently. We are here to help, and we welcome any comment or feedback you have about FaceOff.

3.1 Becoming a member: Membership is free. But by becoming a member you confirm that you are:

(a) if SELLING on FaceOff; a resident in New Zealand or Australia (or have a New Zealand mailing address and bank account); and

 

(b) if BUYING on FaceOff; anyone worldwide can become a member but, prior to making a bid, must ask ALL sellers that they wish to purchase from if that seller is prepared to ship overseas and what payment method that seller may accept; and

(c) Be 18 years of age or older, and able to form a legally binding contract;

3.2 Membership rules: You agree that you will:

(a) have only one membership (unless you are a business or we have agreed otherwise);

(b) keep your password secret and not let anyone use your membership log-in. You are responsible for all actions through your membership;

(c) keep your membership details (including your email address, residential address and telephone number) current;

(d) not include any of your contact details on your profile, your listings, questions and answers, feedback or elsewhere on FaceOff, except where FaceOff specifically provides for contact details to be provided;

(e) not use FaceOff to promote any products or services outside of FaceOff; and

(f) not use FaceOff to make any offensive, disruptive, vulgar, hostile, defamatory, unlawful or other inappropriate comment.

3.3 Membership is a privilege: The use of FaceOff is a privilege not a right. We may at any time and without notice:

(a) suspend or cancel any membership;

(b) remove any listing or any bid;

(c) bar any person from using FaceOff; or

(d) take any other action we consider desirable,

 

3.4 Emails and Newsletters: FaceOff will send you emails relating to your membership, transactions and other activities on the Website. FaceOff may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can un-subscribe from the mailing list.

 

and you agree that you will only use FaceOff as it is intended to be used. You may not try to circumvent FaceOff’s system or charging structure.

By listing items for sale on FaceOff you agree that:

(a) all pricing is in New Zealand dollars and includes GST (if any);

(b) you can legally sell those items, and intend to sell those items to the highest bidder if the reserve price is met;

(c) your listing is accurate, complete and not misleading (including containing all relevant shipping and payment information);

(d) your listing, the items and their sale through FaceOff does not infringe any persons rights (including any copyright or other intellectual property right);

(e) you will offer items for sale in the appropriate categories, and will not offer adult rated items in any category other than the Adult category;

(f) you will not use FaceOff to promote a business or website other than one for sale in your listing. You listing may include a URL for another website containing further information on the item you have listed only if that website does not offer similar items for sale or provide contact details for a seller of similar items;

(g) you will accept payment to a New Zealand bank account if you live outside of New Zealand;

(h) you will not try to manipulate bidding (including through false bids or multiple identities);

(i) any postage and packing charges you make will be reasonable and disclosed in your listing; and

(j) when listing films, videos, DVDs, VCDs, laser discs, videogames or classified material for sale, your listing will include the New Zealand classification rating and all the information on the classification label.

By bidding on FaceOff you confirm that:

(a) you have the legal right to enter into and complete the transaction;

(b) your bid is an irrevocable offer to buy the item at the bid price entered once the listing has closed;

(c) if your bid is accepted, you will promptly complete the transaction in the manner specified in the listing;

(d) your member name and the amount bid will be shown on FaceOff; and

(e) you will not try to manipulate bidding (including through false bids or multiple identities).

6.1 Current fees: FaceOff’s current fees are listed on our fees page. All pricing is in New Zealand dollars. FaceOff can change its fees at any time.

6.2 When payable: Non-commission fees are charged when items are listed. Commission or success fees are charged when the auction closes with a bid higher than the reserve price or when an offer is accepted. Fees are deducted from your FaceOff account.

6.3 Refunds: Refunds will be provided only if FaceOff considers that a refund is appropriate in the circumstances. Any refund will be credited to your FaceOff account.

6.4 GST: Fees paid by New Zealand resident members include GST. Fees paid by members who are not New Zealand residents do not include GST.

7.1 Member accounts: FaceOff maintains a credit account for each member. FaceOff accounts may be used only to pay FaceOff’s fees. They cannot be used to pay for items purchased through FaceOff.

7.2 Negative balances: You must settle any negative balance immediately. You are liable for all expenses (including legal fees) that FaceOff incurs in collecting any amount due to it.

7.3 Refund of account: If you end your membership, or in the event of the closure of FaceOff,  FaceOff will promptly refund the balance of your account, less a $10.00 processing fee payable to FaceOff and the amount (if any) credited to your account for payment of the unmoderated message board access fee. So, no refund will never be made if your balance is less than $10.00. Any credit placed to a users account from FaceOff and by FaceOff and at FaceOff's expense will not be eligible for a refund.

 

7.4 Abandoned accounts: If you do not logon to FaceOff for a two year period, FaceOff may suspend your membership and any unused balance of your account will be forfeited to FaceOff.

8.1 FaceOff: FaceOff is provided on an ‘as is’ and ‘as available’ basis. We do not promise that FaceOff will operate uninterrupted, securely or error free, or give any other specific performance guarantee relating to FaceOff or its operation or use.

8.2 External links: FaceOff may include advertisements or links to external sites. We do not control, review or endorse any advertised product or service, or the external sites.

8.3 No warranties: No advice or information that is obtained by you from FaceOff or anyone else shall create any warranty by FaceOff that is not expressly stated in these terms of use. Without limiting clause 2.2, all warranties and representations implied by law are excluded to the extent permitted by law.

8.4 Force majeure: We are not liable for any failure or other thing that is not reasonably foreseeable or that is outside our reasonable control.

8.5 Our liability: You use FaceOff at your own risk. We will never in any circumstances be liable to you or any other person in contract, tort (including negligence), equity or in any other way for any loss or damage of any kind arising from or in relation to your use of, or inability to use, FaceOff.

If for any reason we cannot rely on the above exclusion of liability, our liability to you will be limited to $50 and in no event will we be liable to you for any loss of profit, savings, data, goodwill or business opportunity or for any indirect or consequential loss.

Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs, (including legal costs), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete any transaction through FaceOff, your use of FaceOff’s message boards or otherwise relating directly or indirectly to your use of FaceOff (including any use of FaceOff by any person through your membership log-in).

We (and our licensors or suppliers, as applicable) own all copyright and other intellectual property rights in FaceOff. We reserve all our rights.
You may not in any form or by any means copy, reproduce, modify, create derivative works from, distribute, or publicly display anything from FaceOff without our (and any applicable third party’s) prior written consent.

You accept our Privacy Policy.

11.1 Not an auctioneer: Even though FaceOff is sometimes referred to as an auction, we are not auctioneers (under the Auctioneers Act 1928 or otherwise).

11.2 No waiver: Any delay or failure by us to exercise any of our rights does not constitute a waiver of that right.

11.3 Severability: If any part of these terms of use are held to be invalid, unenforceable or illegal for any reason, then that part shall be severed or amended to the minimum extent necessary for the balance of these terms of use to continue in full force and effect.

11.4 Entire agreement: These terms of use contain everything we have agreed in relation to your use of FaceOff. You cannot rely on anything else said or done by us (or any of our representatives).

11.5 Governing law: New Zealand law governs these terms and your use of FaceOff. You agree to the jurisdiction of New Zealand’s Courts.