Terms of Use Agreement

Acceptance of Terms

UList provides a collection of online services referred to hereafter as “Service”, subject to the following Terms of Use (“TOU”). By using the Service in any way you agree to comply with the TOU. Should you object to the TOU you must discontinue the use of the Service immediately. UList reserves the right to strictly enforce the TOU as applicable by local and national laws.

Modifications to this Agreement

UList reserves the right to modify the TOU agreement at any time without prior notice. The modifications become effective immediately upon listing thereof. You must review this agreement on regular basis. It is available at http://www.ulist.co.nz/terms.

Listing on UList is limited to New Zealand users

UList is a New Zealand Service. Only New Zealand users are allowed to lists items on UList. UList reserves the right to remove any listings which either did not originate from a New Zealand user or advertise products or services not local to New Zealand.

Listings Content

All listings, including the text of the listing, images, videos, sounds or other listed documents, collectively referred to as “Content’ are the sole responsibility of the person from whom the Content originated. UList does not control and is not responsible for the Content presented on the Service. You may be subjected to Content that is offensive, inaccurate, or misleading. It is your responsibility to evaluate any risks associated with the Content and proceed at your own risk. UList is not liable for any loss or damages to you resulting from the Content. UList does not pre-screen the Content, however UList reserves the right to refuse or delete any Content that violates the TOU or for any other reason.

Links to Other Services

Links and references on UList Service or part of the Content that may refer you or connect you to third party services are to be governed by agreements between you and those services. It is your responsibility to be aware when you have left the UList service and have been connected to a third party service.

Infringement Notification

If you believe that your work has been infringed upon by the UList Service, please notify UList immediately by sending e-mail to the address below. support@ulist.co.nz

Your Privacy Policy

UList will protect any private information that you provide to UList , which you have not made publicly accessible yourself as part of the Content of your listings. UList will not disclose your private information to anyone with the exception of law agencies if and when required to do so by New Zealand laws. This information may include your contact information, physical address, your IP address, or Service access information.

Prohibited Content

There are many laws, regulations, and policies, both New Zealand and international, that prohibit certain items and services from being bought, sold, or exchanged. As a UList user, you are responsible for complying with all applicable laws, regulations or restrictions on items, services, or manner of sale, payment or exchange, that may apply to transactions in which you participate. UList encourages you to research the applicable laws and regulations before publishing a classified ad or engaging in any transaction.

The following is a list of items for sale and services, the advertisement of which is prohibited on UList:

• any obscene or indecent material including, but not limited to: child pornography or adult rated items such as DVDs, magazines, etc.
• solicitation or offer of prostitution
• controlled substances, illegal or recreational drugs, as well as substances and items used to manufacture controlled substances and drugs
• alcohol, tobacco, or nicotine and nicotine substitute products
• firearms and life ammunition other than those defined by the Arms Act 1983 as an "A" category, airguns, BB and paintball guns, without the New Zealand Firearms License (both buyer and seller must have the license)
• fireworks
• blood, bodily fluids, or body parts
• medical devices without providing appropriate disclosures directly in the listing
• restricted or regulated species of fauna and flora (contact Department of Conservation and Ministry of Fisheries for details)
• illegal telecommunications equipment, including but not limited to access cards, password sniffers, access card programmers and unloopers, or cable descramblers
• stolen property, or property with serial number removed or altered
• burglary tools, including but not limited to lock-picks or motor vehicle master keys
• false identification cards, citizenship and residency documents, birth certificates, items with police insignia,
• uniforms and accessories of New Zealand police, fire fighters, or medical emergency services
• counterfeit currency, coins and stamps, and tickets, as well as equipment designed to make them
• counterfeit or replica of brand name goods
• material that breaches copyright, including but not limited to software, digital goods, eBooks, or any other intellectual property that you are not authorized to sell
• coupons, reward points, gift cards, and any type of tickets, that restrict transfer, and which you are not authorized to sell
• advertisements for overseas gambling
• offers of credit cards for gambling
• advertisements for Internet gambling on New Zealand gambling Internet sites
• offers of gambling tickets to minors
• advertisement of any other gambling services and goods, advertising of which is prohibited under the Gambling Act 2003 and / or Racing Act of 2003
• CCTV footage or any other items publication of which breaches the Privacy Act of 1993
• chemical compounds listed on the New Zealand Waste List, or any goods containing those chemicals
• agricultural compounds and veterinary medicines that do not comply with the rules outlined by the New Zealand Food Safety Authority
• food items that do not comply with the rules outlined by the New Zealand Food Safety Authority
• bulk email or mailing lists that contain names, addresses, phone numbers, or other personal identifying information
• any electrical items which are deemed unsafe by New Zealand Department of Commerce
• objects deemed as "Cultural Property" by the Protected Objects Act 1975
• paragliders and hang gliders that do not have a valid Warrant of Fitness issued by the New Zealand Hang Gliding and Paragliding Association
• any new or used items that are not certified to a standard approved by an appropriate New Zealand authority
• any new or used items that are deemed unsafe according to the Product Safety Standards as outlined in section 29 of the Fair Trading Act of 1986

Email Spam

UList explicitly forbids sending unsolicited e-mails and advertisements to e-mail addresses posted on the UList Service. UList reserves the right to prosecute anyone doing so as applicable by local and national New Zealand laws.

Limitation of Service

UList reserves the right to limit the Content listed on the Service by limiting the frequency of the listings, the time of the listings, the maximum size and the number of listings per user. You agree that UList will not be held responsible for removal or lack of retention of any Content. UList reserves the right to discontinue any part of the Service without prior notice.

Termination of Service

You agree that UList may at any time and at its own discretion revoke your permission to access the Service by blocking or deleting your account and/or blocking your IP address. UList shall not be made liable to you or any third party for the termination of the service.

Proprietary Rights

The UList Service is copyrighted by UList pursuant to copyrights laws, and international conventions. Any reproduction of text, images, sounds and collective work of the Service is prohibited. Any reproduction of the Content listed on the Service is also prohibited. Further, you agree that by placing your Content in any publicly accessible area on the Service you give UList the necessary rights to prohibit reproduction of your Content by any other party. Also, by placing your Content on the Service you grant UList an irrevocable, perpetual, non-exclusive right to duplicate, store, distribute and display said Content.

Disclaimer of Warranties

You agree that UList provides no warranties of any kind for the use of the Service or its Content. You agree that you use the Service entirely at your own risk. UList does not control the Content nor gives any warranties as to the correctness of the information contained in the Content.

Limits of Liability

Under no circumstances shall UList be made liable for any damages, direct, indirect, incidental, special, consequential or exemplary of your or any one else’s use of the Service. UList shall not be made liable for any damages resulting from the Service being temporarily unavailable, Service experiencing any technical problems causing delays, deletion of the Content, incorrect categorization of the Content or discontinuation of the Service.

Indemnity

You agree to indemnify and hold UList, its owners, employees, officers, directors, agents, service providers, suppliers, and affiliates harmless from any demands or claims arising from your Content listed on the Service, your use of the Service, your violations of the TOU or your violations of any warranties herein.

Penalties for Violation of TOU

Since it is difficult to assess the actual damages resulting from the violation of various aspects of the TOU, you must agree to the following penalties in order to use the UList Service.

• Penalty for duplicating, copying, or storing the Content of the Service for the purposes of making the Content publicly available elsewhere, without prior written permission from UList, is $1000 NZD for each day of such activity.
• Penalty for listing content impersonating other person or entity is $1000 NZD for each listing.
• Penalty for sending unsolicited e-mails (SPAM) to email addresses listed on the Service is $50 for each e-mail traced back to the sender.
• Penalty for listing content which is in violation of section seven above, Prohibited Content, is $100 NZD for each listing.