Terms & Conditions of Use – GrownUps.co.nz
These terms and conditions are intended to assist keep www.GrownUps.co.nz a safe place for our Visitors and Members.
1. Acceptance of terms and conditions:
The terms and conditions are the terms on which Grown Ups New Zealand Limited (“GrownUps”) offers you access to the services and the web site. If you do not accept these terms and conditions, you must refrain from using the services. By using this site, you are agreeing to the following:
By registering with GrownUps you agree to receive regular newsletters, special offers, articles of interest & Store specials emails which you can opt out of in your MyAccount/MyGrownUps Profile or via unsubscribing when you receive any newsletter or email offer, anytime. You can contact GrownUps admin via the Contact Us channel at anytime if you have any difficulty being able to do this. You will also receive some one-off welcome emails.
By registering with GrownUps you agree that these Terms & Conditions will change from time to time.
If you are subscribed to receive the regular GrownUps newsletter & email offers, you are agreeing to accept these terms and conditions. If you do not wish to receive these emails, please reply to them with unsubscribe in the header. The newsletter is sent (approximately) weekly as are email offers or announcements (e.g. GrownUps Specials, discounts).
PLEASE NOTE: Grown Ups New Zealand Ltd & The GrownUps website accept no liability for any actions taken by visitors or members from any advertising that they receive, view and act on. GrownUps DOES NOT endorse any of the advertising material featured on the site or in any emails that are sent by the website. PLEASE DO NOT USE THIS WEBSITE OR SIGN UP TO RECEIVE NEWSLETTERS AND SPECIAL OFFERS IF YOU DO NOT AGREE WITH OUR TERMS & CONDITIONS OF USAGE.
From time to time, when new features are added to the GrownUps website, we will notify all registered members of these new features, by email. By being a registered member of GrownUps you are agreeing to receive an email when there is a major feature announcement. Your information will never be made available to any third party, unless in specific circumstances (e.g. some competitions) where you expressly agree to those conditions. Please note you will not be required to be Subscribed to receive newsletters/special offers etc, in order to receive these types of emails from GrownUps.
GrownUps accepts no responsibility for decisions made as a result of using the information provided on this website and also is not recommending any one product over another. GrownUps does not necessarily agree with the views expressed on the website, particularly in any discussion groups, comments or articles posted by users, visitors to and members of the GrownUps website. Any use of the site is at your own risk and is provided free as a community website. Any use of the site that is deemed to be offensive can be reported immediately through the Contact Us feedback channel available site wide. Any misuse of the site will result in immediate deletion of membership and also deletion of any comments, discussions and articles submitted by any user who is offensive or who is deemed offensive by GrownUps. GrownUps.co.nz reserves the right to delete any user at any time for any reason, including all their submissions to and on the website.
No Financial Advice
Nothing on this site constitutes financial or other advice. GrownUps provides this free service to consumers on an ‘as-is’ basis without representation to accuracy or suitability for any particular purpose. Any recommendation or opinion expressed in relation to a particular product is solely the view of the relevant contributor, provided in the course of their occupation. GrownUps does not recommend any financial product on a site which GrownUps provides a link to. No articles or linked sites are financial advice for the purposes of the Financial Advisers Act and should not be relied upon in making an investment decision.
We recommend that you seek professional advice from a suitable authorised or registered financial adviser which takes into account your personal circumstances before making an investment decision. Do not sign any document without taking proper advice from a professional and competent person you trust.
Always contact the financial institution directly to confirm all information before you invest or borrow. Only the relevant financial institution can provide you with complete, up to date, accurate information.
We have made all reasonable efforts to keep the information on this site as accurate as possible and ensure that the availability of the site is continuous and fault-free. However, all information is either sourced from the public domain or is provided by the website named, and there are risks – outside our control – that information may be recorded incorrectly or omitted from the site or that the site may not be available.
To the extent permitted by law, none of GrownUps, the publisher, or anyone else engaged in providing this site or compiling information for it, accepts any liability for inaccuracies, or any loss or damage which may result directly or indirectly from the use of the site or any error in, or omission of, information on the site, irrespective of the cause.
No Health or Medical Advice
The health and wellness information on this website or in any GrownUps email is for informational purposes. It does not constitute medical advice and is not intended to be a substitute for proper medical care provided by a doctor or nurse. GrownUps assumes no responsibility for any circumstances arising out of the use, misuse, interpretation or application of any information supplied in the content.
Fees & Commissions
In addition to fees received from advertisers on our website and in communications to members, GrownUps may receive fees or commissions from promoters of special offers.
2. Amendment of terms and conditions:
These terms and conditions may be amended in whole or in part by GrownUps from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this web site or on new terms being accepted.
You are responsible for ensuring you are familiar with the latest terms and conditions and are deemed to have read the latest version of the terms and conditions from time to time.
Your continued use of the services represents your agreement to be bound by the terms and conditions as amended.
3. Terminology: In these terms and conditions, the following expressions have the meanings set out:
“Advertiser” means any party who advertises for sale and goods or services on the Site and may include an individual or a corporate entity. A Member may also be an Advertiser.
“Member” means a registered member of GrownUps. An Advertiser may also be a Member.
“Services” means any one or more of the offered by GrownUps from time to time, including classifieds, message boards, and chat rooms and any other service that GrownUps may offer.
“Site” means the website known as “grownups.co.nz” or any website containing the letters “GrownUps” as may be presently registered by GrownUps as a domain name at the date of this Agreement or may be registered by the GrownUps from time to time.
“Webpage” means the home page in the website known as “grownups.co.nz”.
“we” , “us” and “our” are a reference to Grown Ups New Zealand Limited.
“you” and “your” are a reference to you.
4.1 The Services:
GrownUps provides a venue to introduce Advertisers who want to advertise for sale certain products or services to Members or for Members to search for certain specific goods and services offered by GrownUps’ Advertisers or other Members.
GrownUps does not take any part in the sale of services or items other than by providing our web site as a venue for Members. We do not act as agent for either party and do not participate in any transaction between you and other Members.
4.2 At Your Own Risk:
Transactions and all other contact between you and other Members are conducted entirely at your own risk. You agree that GrownUps takes no responsibility or liability for any misconduct of any of its Members including, without limitation, Members that have registered under false pretences or who attempt to defraud you. GrownUps gives no undertakings, representations, or warranties in relation to products or services sold or listed on the web site, including:
a. as to the accuracy or truth of listings;
b. as to the identity of any of the Advertisers or Members; or
c. that any product or service listed will meet your requirements or expectations; or
d. about the ability of Members to complete a transaction.
You expressly understand and agree that:
a. your use of the services is at your sole risk. The web site and services are provided on an “as is” and “as available” basis. To
the maximum extent permitted by law, GrownUps disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
b. GrownUps does not warrant that:-
i) the services provided will be uninterrupted, timely, secure, or error free, or
ii) that any information provided on the web site is error-free or reliable;
c. No advice or information that is obtained by you from GrownUps or anyone else shall create any warranty by GrownUps that is not expressly stated in the terms and conditions; and
d. responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements on the web site does not constitute GrownUps’ recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
You agree that, to the maximum extent permitted by law, any and all liability and responsibility of GrownUps to you or any other person under or in connection with these terms and conditions, or in connection with the services, this web
site, another Member’s acts or omissions, or your use of or inability to use, the services or this web site is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. GrownUps’ liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses) 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 completed a transaction, your use of GrownUps’ message boards and chat rooms, your purchase and/or use of any product or service provided by any Advertiser or other Member.
Without limiting any other rights and remedies available to GrownUps, GrownUps may limit your activities on the web site, warn other Members of your actions, issue a warning to you, suspend or terminate your Membership, or refuse to
provide our services to you if you breach these terms and conditions or where GrownUps considers it appropriate.
5. BECOMING A MEMBER
5.1 Becoming a Member:
Becoming a member is free. You may only register as a member if you can form a legally binding contract that is enforceable against you. By registering as a member, you warrant that you can form a legally binding contract.
5.2 Accurate Information:
You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by GrownUps to ensure it is kept current at all times.
You must not register as a member under multiple identities or personas (whether false or not). GrownUps may phone or mail you to verify these details.
5.3 Termination of Membership:
GrownUps reserves the right to decline to register or to terminate your Membership without entering into further discussions with you. Without limiting the foregoing, GrownUps may terminate your Membership if a serious complaint or multiple complaints are received about you from other Members, you breach these terms and conditions, you impersonate another member, you re-register on you have had you membership terminated or we, at our sole discretion, deem your behaviour to be unacceptable. Members who have registered under multiple aliases will have all of their aliases and memberships disabled.
5.4 Deleting & editing comments:
GrownUps reserves the right to delete or edit any comments/posts made on the site by members, without notification. If comments/posts they are deemed to in any way denigrate the site they will be removed and also membership may be terminated as above, without entering into further discussions with you.
5.5 Security of your login information:
You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:
a. not to permit any other person to use your user name or Membership; and
b. not to disclose, or provide to any other person, your password, email address, or any information that may allow them to gain access to your Membership.
6. GENERAL RULES
(a) All advertising, listings or other communications made through GrownUps shall be made in good faith.
(b) You must not attempt to damage, interfere or harm the web site or services, or any network, or system underlying or connected to them, including by using a robot, spider, scraper or other automated means to access the web site or
information feature on it for any purpose.
(c) You listed prices or costs must be in New Zealand dollars and include GST in the price. All tax obligations are the responsibility of the seller and/or the buyer (as the parties determine).
(d) Contracts for the sale of land must be in writing to be legally enforceable. We recommend that you and the other member should agree in writing the price and terms of sale for the real estate after each of you has obtained independent
(e) You must not use the services or the web site to promote items for sale outside the services.
(f) GrownUps Memberships are not transferable and therefore can not be sold or traded.
(g) The guarantees contained in The Consumer Guarantees Act 1993 are excluded where an Advertiser acquires, or holds himself out as acquiring, goods or services from us for the purpose of a business.
6.2 Rules relating to Advertisers
In accepting any material including electronic material or data for publication, and in publishing it we are doing so in consideration of and relying on the Advertiser’s express warranty, the truth of which is essential:
6.2.1 That the material does not contain anything:
(a) that is misleading or deceptive or likely to mislead or deceive or which otherwise breaches the Fair Trading Act 1986.
(b) that is defamatory or indecent or which otherwise offends against generally accepted community standards.
(c) that infringes a copyright or trademark or otherwise infringes any intellectual or industrial property rights.
(d) that breaches any right of privacy or confidentiality
(e) that breaches any provision of any statute, regulation, by-law or other rule or law, and
6.2.2 That the material complies in every way with the Advertising Codes of Practice issued by the Advertising Standards Authority Inc. (“ASA”) and with every other code or industry standard relating to advertising in New Zealand, and
6.2.3 Publication of the material will not give rise to any liability on our part or in a claim being made against us in New Zealand or elsewhere.
6.2.4 The Advertiser agrees to indemnify us against all losses or costs arising directly or indirectly from publication of the material, and from any costs incurred in our making corrections or amendments in accordance with the terms that follow.
6.2.5 We may refuse to publish, or withdraw material from publication without having to give a reason.
6.2.6 We may publish the material at a time different from that originally booked if there is an error or delay in publication of the material as booked.
6.2.7 We may correct or amend material to conform to style or for other genuine reason as long as we do so using reasonable care.
6.2.8 The positioning or placing of any material within the electronic database is at our discretion except where specifically agreed in writing.
6.2.9 We may take orders for advertising material in specific spaces (space orders). The space may be used only by the Advertiser for advertising of the Advertiser’s usual business and may not be transferred by the Advertiser to another person.
6.2.10 Any late delivery of creative material resulting in the delay of a campaign is the responsibility of the Advertiser. The campaign will be deemed for invoicing purposes to have begun on the original start date specified in the booking.
6.2.11 The Advertiser must tell us as soon as possible if there is an error or omission in any material the Advertiser has placed.
6.2.12 Advertising placed by Advertisers who are not New Zealand residents will be exempt for GST purposes. GST will be applied at the standard rate to advertising placed by non-resident agents acting for New Zealand resident principals. Where we cannot ascertain the tax residency status for you, we may charge GST.
6.2.13 The guarantees contained in The Consumer Guarantees Act 1993 are excluded where the Advertiser acquires, or holds himself out as acquiring, goods or services from us for the purpose of a business.
6.2.14 We will not be liable for any indirect or consequential loss (which includes loss of revenue or profit) from an error or omission in material published, or for failure to publish, whatever the reason for the error. If we are found to have any direct liability to our customer in any circumstance that liability is limited to the cost of the advertising space for the relevant material in the website.
7 . Prohibited advertisements and phrases
a) Pyramid or other commission jobs which do not involve the sale of a legitimate product.
b) All advertising involving the sale or exchange of the following breeds of dogs:
– Argentinian Dogo
– Japanese Tozo
– Brazillian Fila
– American Pitbull
c) Jobs which do not provide full details of the product or service involved.
d) Jobs which promote gambling, gambling websites, or gaming activities that breach the Gaming and Lotteries Act
e) Jobs involving activities, products or services which maybe considered offensive or illegal
f) Advertisements that imply that the advertiser intends to unlawfully discriminate are prohibited by the Human Rights Act 1993. Discrimination may be unlawful it is based on any of the following grounds:
– Sex, including pregnancy
– Marital status
– Religious beliefs
– Ethical beliefs
– Ethnic or national origins
– Political opinion
– Employment status
– Family status
– Sexual orientation
7.2 The following terms are prohibited from advertisements:
– ‘Single applicants only’
– ‘Married man required’
– ‘Unmarried mother’
– ‘De facto couples only’
– ‘No gays’
– ‘No queers’
– ‘Straights only’
– ‘No Maoris’
– ‘New Zealanders only’
– The use of: ‘he, she, male, female, girl, boy, woman, man’
– No children
7. 3 An advertisement cannot ask for ‘ New Zealand citizenship’. It can however ask for an ‘authority to work in New Zealand ‘.
7.4 We may edit or refuse to publish material at any time if we consider it to be unauthorised, in breach of our policies, misleading, offensive, defamatory, illegal or detrimental to the standing of our website in the community.
8 GENERAL PROVISIONS
8.1 System Integrity:
GrownUps will use its reasonable endeavours to ensure the availability of the website and services, subject to any downtime required for maintenance. However, GrownUps takes no responsibility for any system unavailability, or for any loss
that is incurred as a result of web site or services being unavailable. Further, GrownUps assumes no responsibility for the corruption of any data or information held by GrownUps.
8.2 Resolution of disputes:
As GrownUps is not a party to any transaction between you and another member, you agree not to involve, or attempt to involve, GrownUps in any dispute or in the resolution of disputes that arise between you and another member as a result
of the services provided.
8.3 Force Majeure:
GrownUps has no liability for any lack of performance, unavailability or failure of the services or the web site, or for any failure of GrownUps to comply with these terms and conditions where the same arises from any cause reasonably
beyond the control of GrownUps.
8.4 No Waiver:
If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.
8.5 Partial Invalidity:
If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
8.6 Governing Law:
These terms and conditions are governed by the laws of New Zealand . You submit to the non-exclusive jurisdiction of the Courts of New Zealand .
8.7 Intellectual Property Rights:
GrownUps (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the web site (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the services and the web site. You may not without our prior written permission, in any form or by any means:
a. Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this web site; or
b. Commercialise, copy, or on-sell any information, or items obtained from any part of this web site.
8.8 Entire agreement:
These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the
subject matter of these terms and conditions.
8.9 Specific Agreement will prevail
Where an Advertiser has entered into an agreement with GrownUps (“Specific Agreement”) then any conflicting provisions of that Specific Agreement shall prevail over this Agreement, except where particular matters are not dealt with in the Specific Agreement and in that case, this Agreement shall prevail.
GrownUps collects personal information about you through your use of the services and the web site, including:
your registration details; and
information relating to your use of the web site and the content you access.
You agree that GrownUps may use this personal information to assist us to provide the services to you, for internal research purposes, to verify your identity, for promoting and marketing other GrownUps products and services to you, and for any other use that you authorise.