Nearbuy NZ - Terms & Conditions

Welcome to Nearbuy NZ. Please read these terms of service (these “Terms”) carefully as they form a contract between you (“you” and “your”) and Nearbuy NZ (“Nearbuy”, “we”, “us”, or “our”) that governs your access and use of the Nearbuy NZ websites or applications (collectively the “Service(s)”).

By registering or using any of the Services you agree to be bound by these Terms. You may use the Services only in compliance with these Terms and only if you have the power to form a contract with Nearbuy NZ and are not barred under any applicable laws from doing so. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT USE THE SERVICES. Should you have any questions concerning this Agreement, please visit www.nearbuy.co.nz

Please note that Nearbuy NZ doesn’t provide warranties for the Services. This contract also limits our liability to you. See Section 14 (NO WARRANTY) and Section 16 (LIMITATION OF LIABILITY) of these Terms for details.

  1. CHANGES TO THESE TERMS

    We reserve the right to revise these Terms from time to time. We will date and post the most current version of these Terms on the Nearbuy NZ website. Any changes will be effective upon posting the revised version of these Terms (or such later effective date as may be indicated at the top of the revised Terms). Notice of other changes may be provided via www.nearbuy.co.nz (the “Site”). Therefore, we encourage you to check the date of these Terms whenever you use the Service or visit the Terms page to see if these Terms have been updated. Your continued access or use of any portion of the Service constitutes your acceptance of such changes. If you do not agree to any of the changes, we are not obligated to keep providing the Service, and you must cancel and stop using the Service.

  2. ACCESS TO THE SERVICE

    You may use the Service, on a non-exclusive basis, solely in strict compliance with these Terms and all applicable laws.

  3. YOUR ACCOUNT

    To obtain access to certain Services, you may be required to obtain an account with Nearbuy NZ as a registered user (a “Registered User”), either by completing a registration form and designating a user ID and password or by logging in with your Facebook account. When registering with Nearbuy NZ you must: (a) provide true, accurate, current and complete information about yourself as requested by the Service’s registration form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Nearbuy NZ may deny approval or withdraw such approval at any time in its sole discretion, with or without cause.

    Only you may use your Nearbuy NZ account. You must keep your account and passwords confidential and not authorize any third party to access or use the Service on your behalf, unless we provide an approved mechanism for such use. Nearbuy NZ will not be liable for any loss or damage arising from any unauthorized use of your accounts.

    You must immediately notify Nearbuy NZ in writing of any unauthorized use of: (a) any account; or (b) the Service that comes to your attention. In the event of any such unauthorized use by any third party that obtained unauthorized access through you, you will take all steps necessary to terminate such unauthorized use. You will provide Nearbuy NZ with such cooperation and assistance related to any such unauthorized use as Nearbuy NZ may reasonably request.

  4. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION

    By registering with Nearbuy NZ, you understand that we may send you communications or data regarding the Services, including but not limited to: (a) notices about your use of the Services, including any notices concerning violations of use; (b) updates; and (c) promotional information and materials regarding Nearbuy NZ’s products and services, via email and/or via the Service. We give you the opportunity to opt-out of receiving promotional email from us by following the opt-out instructions provided in the message.

  5. SUSPENSION AND TERMINATION OF USE OF THE SERVICE

    We reserve the right to temporarily suspend or terminate your access to the Service at any time in our sole discretion, with or without cause, with or without notice, and without incurring liability of any kind. For example, we may suspend or terminate your access to or use of the Service for: (a) the actual or suspected violation of these Terms; (b) the use of the Services in a manner that may cause Nearbuy NZ to have legal liability or disrupt others’ use of the Services; (c) the suspicion or detection of any malicious code, virus or other harmful code by you or in your account; (d) scheduled downtime and recurring downtime; or (e) unplanned technical problems and outages. If, in Nearbuy NZ’s determination, the suspension might be indefinite and/or Nearbuy NZ has elected to terminate your access to the Service, Nearbuy NZ will use commercially reasonable efforts to notify you through the Service and/or by email to the email address associated with your account. You acknowledge that if your access to the Service is suspended or terminated, you may no longer have access to the Service.

  6. ACCEPTABLE USE

    You must not use the Service to harm others or the Service. For example, you must not use the Service to harm, threaten, or harass another person, organization, or Nearbuy NZ and/or to build a similar service or website. You must not damage, disable, overburden, or impair the Service (or any network connected to the Service); resell or redistribute the Service or any part of it; use any unauthorized means to modify, reroute, or gain access to the Service or attempt to carry out these activities; or use any automated process or Service (such as a bot, a spider, or periodic caching of information stored by Nearbuy NZ) to access or use the Service. In addition, you promise that you will not and will not encourage or assist any third party to:

    • modify, alter, tamper with, repair or otherwise create derivative works of any Software;
    • reverse engineer, disassemble or decompile the software used to provide or access the Service, including the Software, or attempt to discover or recreate the source code used to provide or access the Service, except and only to the extent that the applicable law expressly permits doing so;
    • use the Service in any manner or for any purpose other than as expressly permitted by these Terms, the Privacy Policy, any User Guides or any other policy, instruction or terms applicable to the Service that are available on the Service (“Policies”);
    • Sell, lend, rent, resell, lease, sublicense or otherwise transfer any of the rights granted to you with respect to the Services to any third party;
    • remove, obscure or alter any proprietary rights notice pertaining to the Service;
    • access or use the Service in a way intended to improperly avoid incurring fees or exceeding usage limits or quotas;
    • use the Service in connection with the operation of nuclear facilities, aircraft navigation, communication systems, medical devices, air traffic control devices, real time control systems or other situations in which the failure of the Service could lead to death, personal injury, or physical property or environmental damage;
    • use the Service to: (i) engage in any unlawful or fraudulent activity or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; (ii) send unsolicited or unauthorized junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) store or transmit inappropriate Content (including but not limited to Content: (1) containing unlawful, defamatory, threatening, pornographic, abusive, libelous or otherwise objectionable material of any kind or nature, (2) containing any material that encourages conduct that could constitute a criminal offense, or (3) that violates or infringes upon the intellectual property rights or the privacy or publicity rights of any person or entity or that may otherwise be unlawful or give rise to civil or criminal liability); (iv) store or transmit any Content that contains or is used to initiate a denial of service attack, software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots, or spyware; or (v) abuse, harass, stalk or otherwise violate the legal rights of a third party;
    • interfere with or disrupt servers or networks used by Nearbuy NZ to provide the Service or used by other users’ to access the Service, or violate any third party regulations, policies or procedures of such servers or networks or harass or interfere with another user’s full use and enjoyment of any Software or the Service;
    • access or attempt to access Nearbuy NZ’s other accounts, computer systems or networks not covered by these Terms, through password mining or any other means;
    • cause, in Nearbuy NZ’s sole discretion, inordinate burden on the Service or Nearbuy NZ’s system resources or capacity; or
    • share passwords or other access information or devices or otherwise authorize any third party to access or use the Software or the Service.

    Nearbuy NZ reserves the right, in its sole discretion, to deactivate, change and/or require you to change your Nearbuy NZ user ID and any custom or vanity URLs, custom links, badges or vanity domains you may obtain through the Services for any reason or for no reason. Nearbuy NZ may exercise such right at any time, with or without prior notice. We will make all judgments concerning the applicability of these guidelines in our sole and exclusive discretion. We reserve the right, in our sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance will not dictate or limit our response to a future complaint. We will not assume or have any liability for any action or inaction with respect to any Content.

  7. UPDATES TO THE SERVICE

    Nearbuy NZ reserves the right, in its sole discretion, to make necessary unscheduled deployments of changes, updates or enhancements to the Service at any time. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

  8. SOFTWARE

    If you receive Software from us, its use is governed in one of two ways: If you’re presented with license terms that you must accept in order to use the Software, those terms apply; if no license is presented to you, these Terms apply. We reserve all other rights to the Software. Any Software is licensed, not sold. Unless we notify you otherwise, the Software license ends when your Service ends. You must then promptly uninstall the Software, or we may disable it. You must not work around any technical limitations in the Software. We may automatically check your version of the Software. We may also automatically download to your computer or device new versions of the Software.

  9. THIRD PARTY SERVICES AND CONTENT

    All transactions using the Services are between the transacting parties only. The Services may contain features and functionalities linking you or providing you with certain functionality and access to third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole; you acknowledge that we are not responsible for such content or services. We may also provide some content to you as part of the Services. However, Nearbuy NZ is not an agent of any transacting party, nor are we a direct party in any such transaction. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party. Similarly, we are not responsible for any third party content you access with the Services, and you irrevocably waive any claim against us with respect to such sites and third-party content. Nearbuy NZ shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the Services, including the delivery of and payment for goods and services. Should you have any problems resulting from your use of any third party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible unless the problem was the direct result of our breaches. Merchant is solely responsible to purchasers for the care and quality of the advertised goods and services. Merchant terms and conditions apply.

  10. Nearbuy NZ PROPRIETARY RIGHTS

    As between Nearbuy NZ and you, Nearbuy NZ and/or its licensors own and reserve all right, title and interest in and to the Service and all hardware, software and other items used to provide the Service, other than the rights explicitly granted to you to use the Service in accordance with this Terms. No title to or ownership of any proprietary rights related to the Service is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by Nearbuy NZ. In the event that you provide comments, suggestions and recommendations to Nearbuy NZ with respect to the Service (including, without limitation, with respect to modifications, enhancements, improvements and other changes to the Service) (collectively, “Feedback”), You hereby grant to Nearbuy NZ a world-wide, royalty free, irrevocable, perpetual license to use and otherwise incorporate any Feedback in connection with the Service.

  11. PRIVACY

    In order to operate and provide the Service, we collect certain information about you. As part of the Service, we may also automatically upload information about your computer or device, your use of the Service, and Service performance. We use and protect that information as described in the privacy policy located at www.Nearbuy.co.NZ.com/privacy (“Privacy Policy”). You further acknowledge and agree that we may access or disclose information about you, including the Content, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of Nearbuy NZ or our customers, including the enforcement of our agreements or policies governing your use of the Service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Nearbuy NZ employees, customers, or the public. We retain the right to block or otherwise prevent delivery of any type of file, email or other communication to or from the Service as part of our efforts to protect the Service, protect our customers, or stop you from breaching these Terms.

  12. NO WARRANTY

    Nearbuy NZ PROVIDES THE SERVICE “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Nearbuy NZ MAKES NO (AND SPECIFICALLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT SUCH EXCLUSION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

  13. INDEMNIFICATION

    To the extent permitted by law, You will defend Nearbuy NZ against any cost, loss, damage, or other liability arising from any third party demand or claim that any Content provided by you, or your use of the Service: (a) infringes a registered patent, registered trademark, or copyright of a third party, or misappropriates a trade secret (to the extent that such misappropriation is not the result of Nearbuy NZ’s actions); or (b) violates applicable law or these Terms. Nearbuy NZ will reasonably notify you of any such claim or demand that is subject to your indemnification obligation.

  14. LIMITATION OF LIABILITY

    TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL NEARBUY NZ, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A): ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF NEARBUY NZ HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF NEARBUY NZ AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, RELATING TO THE SERVICES WILL BE LIMITED TO THE GREATER OF AN AMOUNT EQUAL TO THREE MONTHS OF YOUR SERVICE FEE FOR THE SERVICE OR FIVE DOLLARS ($5.00). THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. IN SUCH AN EVENT THIS LIMITATION WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.

  15. CONTRACTING PARTY; GOVERNING LAW; LOCATION FOR RESOLVING DISPUTES

    You are contracting with Nearbuy NZ LLC with an address at 29 Glucina Avenue, Auckland. The laws of New Zealand govern the interpretation of these Terms and apply to claims for breach of these Terms, regardless of conflict of laws principles. The parties specifically exclude from application to these Terms the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will, only to the extent required by applicable law, be subject to the laws of your state of residence in NZ, or, if you live outside NZ, the laws of the country in which you reside. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in NZ, for all disputes arising out of or relating to these Terms. Nearbuy NZ may assign this contract to another entity at any time with or without notice to you.

  16. NOTICES

    We may send you, in electronic form, information about the Service, additional information, and information the law requires us to provide. We may provide required information to you by email at the address you specified when you signed up for the Service or by access to a website that we identify. Notices emailed to you will be deemed given and received when the email is sent. If you don’t consent to receive notices electronically, you must stop using the Service. You may provide legal notices to us via email to hello@nearbuy.co.nz, with a duplicate copy sent via registered mail, return receipt requested, to the following address: Nearbuy NZ, 29 Glucina Ave, Auckland, NZ. Any such notice, in either case, must specifically reference that it is a notice given under these Terms.

  17. FEES & PAYMENTS; TRIALS; TERMINATION
    1. Fees

      The fees applicable for the Service (“Fees”) are available in the Nearbuy NZ App.

    2. Billing & Payment

      The Service is offered as a subscription on a weekly, monthly, or yearly basis (“Subscription”). The Subscription will automatically renew every week (or month, or year, in accordance with the period of your Subscription) unless you cancel your Subscription in accordance with the cancellation policy of the third party from whom you downloaded the Service (either Apple or Google), available at their respective App Stores. You will be billed for the Subscription by the third party from whom you downloaded the Service (either Apple or Google) in accordance with their billing policies, available on their respective websites.

    3. Trials

      If you are currently on our free seven (7) day trial (“Free Trial”), you may use your account, free of charge, at any time until seven (7) days after your account was created. You can extend your Free Trial by one (1) additional week for each friend whom you successfully invite to subscribe to the Nearbuy NZ Service using your referral code. The day of creation of your account constitutes the first day of the Free Trial. The last day of the Free Trial signifies the due date of your first payment. If you do not upgrade to a paid subscription and payment is not received by Nearbuy NZ on the due date, your account will be frozen until your first payment has been processed. You retain the responsibility for settling all outstanding balances in a timely manner and maintaining updated billing information.

    4. Termination

      You may terminate the Service in accordance with the cancellation policy of the third party from whom you downloaded the Service (either Apple or Google), available in their respective App Stores.. If you are a paid non-trial user of the Service and cancel your subscription, you will not be issued a refund for your most recent (or any previous) billing.

  18. MISCELLANEOUS
    1. Severability; Entire Agreement. These Terms apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of these Terms as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms will remain in effect. This is the entire contract between you and us regarding the Service. It supersedes any prior contract or oral or written statements regarding your use of the Service.
    2. Assignment and Transfer. We may assign, transfer, or otherwise dispose our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the Service.
    3. Independent Contractors; No third-party beneficiaries. Nearbuy NZ and you are not legal partners or agents. Our relationship is that of independent contractors. This contract is solely for your and our benefit, and is not for the benefit of any other person, except for permitted successors and assigns.
    4. Claims. YOU AND Nearbuy NZ AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
    5. Waiver. The failure of either party to insist upon or enforce strict performance of any of the provisions of these Terms or to exercise any rights or remedies under these Terms will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will remain in full force and effect.
INTELLECTUAL PROPERTY NOTICES

All content of the Site and Services including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement are the proprietary property of its suppliers, affiliates, or licensors. All Rights Reserved. Nearbuy NZ and the Nearbuy NZ logo may not be copied, imitated, or used, in whole or in part, without Nearbuy NZ’s prior written permission. Other product and company names may be trade or service marks of their respective owners. Nearbuy NZ may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter that is part of the Service. Unless we have granted you licenses to our intellectual property in these Terms, our providing you with the Service does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.