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Terms and Conditions of Use

1. ACCEPTANCE OF TERMS

e-agent.nz provides a collection of online resources, including classified ads, forums, catalogs, and various email services available on or through e-agent.nz (referred to hereafter as “the Service”) subject to the following Terms of Use (“TOU”). By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular e-agent.nz services, you agree to abide by any applicable posted guidelines for all e-agent.nz services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service.

2. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.

3. ELIGIBILITY FOR USE

e-agent.nz reserves some parts of the Service exclusively for professional purchasers, sellers, collectors and resellers of items and accessories who are acceptable to e-agent.nz in its sole discretion. Although e-agent.nz attempts to limit the use of these parts of the Service to such purchasers, sellers, collectors and resellers of items and accessories, nothing herein shall create any right of action against e-agent.nz for failing to adequately screen potential users or prevent the use of e-agent.nz or the Service by users who are not professional purchasers, sellers, collectors and resellers of items or accessories.

4. CONTENT

You understand that all advertisements, postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content that you post, email or otherwise make available via the Service. Likewise, if you request the assistance of e-agent.nz to post content, or if you imply consent that e-agent.nz may post content on your behalf, either by written or oral means, or you fail to inform e-agent.nz that content should be removed, you are equally responsible for the content. You waive any and all claims against e-agent.nz of a right of publicity for your image or likeness throughout the world by posting any information or pictures of yourself on e-agent.nz.

You understand that e-agent.nz does not control, and is not responsible for personal Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. When you post User Content to the Service, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Content on the Service. By posting Content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose on or in connection with the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing.

Furthermore, e-agent.nz and Content available through the Service may contain links to other websites, which are completely independent of e-agent.nz. e-agent.nz makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Following links to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will e-agent.nz be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that e-agent.nz does not pre-screen or approve Content, but that e-agent.nz shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.

5. THIRD PARTY CONTENT, SITES, AND SERVICES

e-agent.nz and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of e-agent.nz, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. We do not guarantee the quality, safety or legality of, any Content, the truth or accuracy of the descriptions of any goods or services offered for sale, the right of the sellers to sell or license any such goods or services, or the ability of any buyer to purchase any such goods or services. The Service is designed for experienced buyers accustomed to buying goods and services based on photographs and/or descriptive text. Buyers should assume that any goods offered are not new, unless otherwise stated, nor in perfect condition, and may require touch-up or repairs prior to use and that the available information about the items may be limited. It is not possible for e-agent.nz to verify information provided by the seller of any item.

You agree that e-agent.nz shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between users of the Service. If there is a dispute between users of the Service, or between users and any third party, you understand and agree that e-agent.nz is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby forever release e-agent.nz, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.

6. NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send your notice (“Notice”) to e-agent.nz agent for notice of claims of copyright or other intellectual property infringement: by email: support@e-agent.nz

Please include the following with your Notice to our Abuse Agent:

  • The identity of the material on e-agent.nz that you claim is infringing, in sufficient detail so that we may locate it on the website;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • Your address, telephone number, and email address;
  • A statement by you declaring under penalty of perjury that
    • (i) the above information in your Notice is accurate, and
    • (ii) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; and
  • Your physical or electronic signature.

7. PRIVACY AND INFORMATION DISCLOSURE

e-agent.nz may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information. Your personal information is further governed by e-agent.nz Privacy Policy.

8. CONDUCT

You agree not to post, email, or otherwise make available Content:

  • that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
  • that is pornographic or depicts a human being engaged in sexual activities or exposing sexual organs unfitting for the Service;
  • that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • that suggests a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
  • that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability;
  • with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring NZ citizenship or lawful permanent residency as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or national or local government contract;
  • that impersonates any person or entity, including, but not limited to, a e-agent.nz employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
  • that includes personal or identifying information about another person without that person's explicit consent;
  • that is fraudulent, false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
  • that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • that constitutes or contains "affiliate marketing", "link referral code", "junk mail", "spam", "chain letters", "pyramid schemes", or unsolicited commercial advertisement;
  • that constitutes or contains any form of advertising or solicitation if: posted in areas of e-agent.nz which are not designated for such purposes;
  • or emailed to e-agent.nz users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests. that includes links to commercial services or web sites, except as specifically permitted;
  • that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
  • that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service;
  • or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to: contact anyone who has asked not to be contacted; “stalk” or otherwise harass anyone; collect personal data about other users for commercial or unlawful purposes; use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by e-agent.nz; post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

  • post the same item or service in more than one classified category or forum; attempt to gain unauthorized access to e-agent.nz computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or e-agent.nz;
  • or use any form of automated device or computer program that enables the submission of Content on e-agent.nz without such Content being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit Content in bulk, or for automatic submission of Content at regular intervals.

9. POSTING AGENTS

A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on e-agent.nz resources, you may not use a Posting Agent to post Content to the Service without express permission or license from e-agent.nz. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from e-agent.nz.

10. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to e-agent.nz email addresses or through e-agent.nz computer systems is expressly prohibited by these TOU. Any unauthorized use of e-agent.nz computer systems is a violation of the TOU and the New Zealand Unsolicited Electronic Messages Act 2007. Such violations may subject the sender and his or her agents to civil and criminal penalties.

11. PAID POSTINGS

We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU. Fees collected for specific services, such as subscription services and advertising, are non-refundable unless otherwise stated in writing for a specific promotional program.

12. LIMITATIONS ON SERVICE

YOU ACKNOWLEDGE, THROUGH THE ACCESS OF THIS SERVICE, THAT YOUR LICENSE OF USE, IS SOLELY FOR YOUR INDIVIDUAL PERSONAL USE. THAT YOU ARE PROHIBITED FROM SHARING ANY CONTENT, PROVIDED BY THE SERVICE, WITH ANY OTHER PARTY, BY ANY METHOD INCLUDING BUT NOT LIMITED TO ELECTRONIC TRANSMISSION OR IN PRINT FORMAT.

FURTHER YOUR LICENSE MAY BE TERMINATED WITHOUT NOTICE IF ANY VIOLATION OF THESE TERMS & CONDITIONS, IS OBSERVED OR OTHERWISE DISCOVERED BY E-AGENT NZ LTD.

NO REFUND WILL BE PROVIDED, ONCE THE SERVICE HAS FIRST BEEN ACCESSED, AS EVIDENCED BY THE LOGIN 'USER-NAME' AND 'PASSWORD', HAVING BEEN USED.

You acknowledge that e-agent.nz may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that e-agent.nz has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that e-agent.nz reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that e-agent.nz shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

13. ACCESS TO THE SERVICE

e-agent.nz grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by e-agent.nz. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as decorative goods or furniture, or which is in the business of providing classified ad listing services.

e-agent.nz does not permit you to display on your website, or create a hyperlink on your website to, individual postings on the Service, absent express permission granted by e-agent.nz to do so. You may create a hyperlink to the home page of e-agent.nz, so long as the link does not portray e-agent.nz, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

e-agent.nz may offer various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. e-agent.nz permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to “e-agent.nz” as the source, (d) your use or display does not suggest that e-agent.nz promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden e-agent.nz systems. e-agent.nz reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.

Use of the Service beyond the scope of authorized access granted to you by e-agent.nz immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a written license from e-agent.nz that has been signed by one of e-agent.nz authorized representatives.

14. TERMINATION OF SERVICE

You agree that e-agent.nz, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if e-agent.nz believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that e-agent.nz shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2-7 and 13-20 shall survive termination of the TOU.

15. PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of e-agent.nz. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of e-agent.nz, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. e-agent.nz, as well as certain other of the names, logos, and materials displayed on e-agent.nz, constitute trademarks, trade names, service marks or logos (“Marks”) of e-agent.nz or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associate therewith remains with e-agent.nz or those other entities.

Although e-agent.nz does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to e-agent.nz an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant e-agent.nz all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

16. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF e-agent.nz AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. e-agent.nz AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, e-agent.nz DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF e-agent.nz AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, e-agent.nz DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON e-agent.nz  OR THE SERVICE, OR ACCESSED THROUGH ANY LINKS ON e-agent.nz OR THE SERVICE, INCLUDING WITHOUT LIMITATION, WARRANTY OF TITLE TO OR DELIVERY OF ANY GOOD OR SERVICE, ANY WARRANTY WITH RESPECT TO INTELLECTUAL PROPERTY RIGHTS IN ANY GOOD OR SERVICE, ANY WARRANTY THAT ANY GOOD OR SERVICE CONFORMS TO ITS DESCRIPTION OR THE COLORS, TEXTURE AND DETAIL SHOWN ON THE USER’S COMPUTER MONITOR. TO THE FULLEST EXTENT PERMITTED BY LAW, e-agent.nz DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH e-agent.nz OR THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM e-agent.nz, e-agent.nz OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

17. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL e-agent.nz BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF e-agent.nz HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF e-agent.nz OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF e-agent.nz OR THE SERVICE, FROM INABILITY TO USE e-agent.nz OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF e-agent.nz OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH e-agent.nz OR THE SERVICE OR ANY LINKS ON e-agent.nz OR THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH e-agent.nz OR THE SERVICE OR ANY LINKS ON e-agent.nz. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

18. INDEMNITY

You agree to indemnify and hold e-agent.nz, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.

19. GENERAL INFORMATION

The TOU, and any additional terms to which you agree when using particular elements of the Service, constitutes the entire agreement between you and e-agent.nz and governs your use of the Service, superseding any prior agreement between you and e-agent.nz. The failure of e-agent.nz to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

20. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the TOU by sending an email to support@e-agent.nz.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for e-agent.nz to pursue legal action to enforce the TOU, you will be liable to pay e-agent.nz the following amounts as liquidated damages, which you accept as reasonable estimates of e-agent.nz damages for the specified breaches of the TOU:If you post a message that (i) impersonates any person or entity; (ii) falsely states or otherwise misrepresents your affiliation with a person or entity; or (iii) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay e-agent.nz one thousand dollars ($1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.

If e-agent.nz establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay e-agent.nz one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access e-agent.nz in excess of such limits, whichever is higher.

If you send unsolicited email advertisements to e-agent.nz email addresses or through e-agent.nz computer systems, you agree to pay e-agent.nz twenty five dollars ($50) for each such email. If you post Content in violation of the TOU, other than as described above, you agree to pay e-agent.nz one hundred dollars ($100) for each item of Content posted. In its sole discretion, e-agent.nz may elect to issue a warning before assessing damages.

If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay e-agent.nz one hundred dollars ($100) for each and every item of Content posted in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the “Principal”), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay e-agent.nz an additional one hundred dollars ($100) for each item of Content posted by the Posting Agent on behalf of the principal in violation of the TOU.

If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TOU without e-agent.nz express written permission, you agree to pay e-agent.nz three thousand dollars ($3,000) for each day on which you engage in such conduct.

Notwithstanding any other provision of the TOU, e-agent.nz retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or to seek to recover damages arising from or relating to a violation of this TOU or any combination thereof.

21. FEEDBACK

We welcome your questions and comments. Please send them to support@e-agent.nz.

22. TERMS OF USE FOR ALL SERVICES

e-agent.nz offers a variety of online programs (the “Programs”) as a convenience to its participating professionals and persons interested in engaging a professional (the “Consumer”) to perform or receive services (“Services”) or information about such Services.

As a condition to your use of the Programs and as material inducement on the part of e-agent.nz and its Affiliates to offer the Programs, you expressly acknowledge and agree that:

Use of the Programs are at your sole risk. e-agent.nz and its Affiliates expressly disclaim any and all warranties of any kind, express or implied arising out of or relating to:

  • For Consumers:
  • a) the Programs
  • b) the Professional
  • c) the Services to be performed by any Professional.
    • a) your use of the Programs
    • b) the engagement by you of any Professional
    • c) any acts, negligence, breach of contract or other conduct engaged in by you or by any of the Professional’s agents, vendors, consultants and the like
    • d) any other matter relating to the Programs.

- In no event will e-agent.nz liability to you for any reason whatsoever exceed in the aggregate the sum of $25.00.

- e-agent.nz and its Affiliates do not provide, nor will they provide, any service to or for you, nor is e-agent.nz and its Affiliates a party to any agreement which you may enter into with a Professional. If you engage the services of any Professional, all arrangements in such regard are solely between you and the concerned Professional.

- If any of the above Terms of Use are found by a court of competent jurisdiction to be invalid, all of the other provisions of the Terms of Use shall remain in full force and effect.

For Professionals:

a) the Programs

b) the Consumers

c) the agreement between you and the Consumer.

e-agent.nz, its Officers, Directors, Members and Employees, as well as e-agent.nz Affiliates, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages or other losses resulting from or relating in any manner to:

a) your use of the Programs

b) the engagement of you by any Consumer

c) any acts, negligence, breach of contract or other conduct engaged in by you or by any of the your or the Consumer’s agents, vendors, consultants and the like

d) any other matter relating to the Programs.

- In no event will e-agent.nz liability to you for any reason whatsoever exceed in the aggregate the sum of $25.

- e-agent.nz and its Affiliates are not a party to any agreement which you may enter into with a Consumer. If you are engaged by a Consumer, all arrangements in such regard are solely between you and the concerned Consumer.

- If any of the above Terms of Use are found by a court of competent jurisdiction to be invalid, all of the other provisions of the Terms of Use shall remain in full force and effect.

Questions about our services programs may be directed to: Support@e-agent.nz e-agent.nz, its Officers, Directors, Members and Employees, as well as e-agent.nz Affiliates, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages or other losses resulting from or relating in any manner to:

e-Agent December 2020 Going Forward:

1. Privacy at e-Agent - Our Privacy Policy

Background. At e-Agent it is important to us that we manage your Personal Information securely and consistently with relevant legislation, including the Privacy Act 1993 (Privacy Act) as well as the Credit Reporting Privacy Code (where applicable).This Policy outlines how e-Agent and its related companies, including E-Agent (New Zealand) Limited, collect, disclose, use, store or otherwise handle Personal Information. This Policy is effective as at 1 December 2020. Sometimes we will update it - you can always find a current version at e-agent.nz/privacy.cfm .This Policy explains:

  • the kinds of Personal Information (as defined in the Privacy Act) we collect, and the purposes for which we do that;
  • how we manage the Personal Information that we collect about you;
  • how you can seek access to and correction or deletion of your Personal Information; and
  • if necessary, how you can make a complaint relating to our handling of your Personal Information.

This Policy relates to our customers, guarantors of customers, employees and contractors and other individuals who deal with us, whether in relation to the provision of credit or otherwise and includes interactions you may have with us using our websites, apps and by telephone.

2. What is Personal Information?

Personal Information has the meaning set out in the Privacy Act being information about an identifiable individual (for example, your name and date of birth) (Personal Information). It also includes Credit Information as defined in the Credit Reporting Privacy Code 2004 (for example your payment history, amount of credit extended and credit scores) (Credit Information).

3. Personal Information we may collect

Personal Information generally. We will collect certain information about you depending on the circumstances in which the product or service is being provided. This information can include:

  • key Personal Information such as your name, residential and business addresses, telephone numbers, email and other electronic addresses, drivers license number, passport number;
  • financial and related information, such as your occupation, accounts, assets, credit score, expenses, income, dependents, banking transaction history and regarding your employment, financial and business dealings and other relevant events;
  • your transaction history (with us and our associates or relevant third parties) such as products you may have used, your payment history, and the capacity in which you have dealt or deal with us;
  • other relevant information - depending on the circumstances this may also include health and medical information (e.g. if it is relevant to a hardship request), membership of professional bodies, tax file number information (other government identifiers (e.g. if relevant to identifying you)); and
  • online/device information - information collected if you use our websites, apps and social media profiles such as your social media handles, IP address and GPS location data of your device, the operating system and browser your computer used to view the website, time, duration and date of your visit and pages you viewed.

If you do not wish to provide us with your Personal Information (including Credit Information), we may not be able to provide our products or services to you, respond or assist with your queries or may not be able to provide you with full access to all features of our products or services.

4. How we collect your Personal Information

In many circumstances, we will collect the above information primarily from you (or from someone who is representing or assisting you). This includes information collected when you access our websites, apps or social media profiles and contact our call centre. Some of this information is collected using cookies (please see section 12) or other tracking technology. However, there are also certain instances in which we will collect information about you from third parties where it is unreasonable or impracticable to collect it directly from you. For example, even where your application is for consumer credit, we may collect information about you from a business which provides information about commercial credit worthiness for the purpose of assessing your application. Other third parties that we may collect your information from include:

  • our agents, retailers, dealers and brokers
  • your co-applicant (if any);
  • your employers, accountant, referees, banks, landlords, guarantors, lawyers, financial advisers or others with whom you have previously had dealings or persons assisting you who you direct to provide information to us;
  • other e-Agent entities that may have information about you;
  • Credit Information - credit reporting agencies and other credit providers who may have Credit Information about you relevant to us;
  • relevant credit reporting agencies and other identification service providers who may have identification information about you, for the purpose of fulfilling our requirements under Anti-Money Laundering and Counter Financing of Terrorism (AML/CFT) legislation;
  • publicly available sources (e.g. internet sources or a search of white pages);
  • card schemes;
  • insurers (such as insurers who provide insurance in relation to your credit);
  • your executor, administrator or attorney;
  • service providers to us (including debt collection agencies, introducers, private investigators, professional advisers);
  • professional organisations;
  • public and subscriber only databases;
  • any person considered necessary in our view to execute your instructions; and
  • government authorities.We may also use this information to provide you with details of our Services that may be relevant to you, and to ask for your opinion of our Services from time to time.
    • We may communicate with you by email and other electronic means.

5. Purposes for which we may collect, hold, use and disclose your Personal Information

Personal Information we collect about you will only be held, used and disclosed as is reasonably necessary for our business purposes and as permitted by law.Purposes for which we will usually hold, use and disclose your Personal Information, depending on the circumstances and the nature and products and services you are obtaining from us, include:(i) Providing our products and services to you

  • deciding whether to provide a product applied for or service requested (this might include evaluating your credit worthiness, or deciding whether to accept you as a guarantor);
  • providing products or services, including related arrangements (e.g. where we provide you with a credit to make a purchase, or where our product is a payment service, that includes arranging for the purchase to be paid for or the payment to be made);
  • managing the products and services that we provide;
  • the ongoing monitoring of credit worthiness;
  • detecting and preventing instances of fraud, unlawful conduct, and other risks to you or our products and services;
  • ensuring fast and accurate approval and processing of payment transactions including via cheque. or bank transfer. associated with you or our products or services;
  • dispute and complaint resolution, and assisting other credit providers to do the same; and
  • enforcing our rights, including the collection of outstanding payments and, where necessary, initiating legal proceedings.(ii) Complying with our legal obligations
  • participating in the credit reporting system and providing information to credit reporting agencies;
  • assisting customers in meeting their credit related obligations;
  • dealing with serious credit infringements and assisting other credit providers to do the same;
  • verifying your identity as may be required from time to time by the Anti-Money Laundering and Counter Financing of Terrorism Act 2009 (AML/CFT);
  • verifying your identity using electronic sources. In order to do so, we will ask you for your details (such as your name, address and date of birth) and details of your identification documents, which will be passed to external organisations in order to electronically match your information with identification data on their databases; and
  • complying with New Zealand laws and regulations that may specifically require us to collect your Personal Information, and any overseas laws where collecting your information is necessary for us to comply with our obligations.(iii) Assisting us to manage our business
  • undertaking review and maintenance of our systems and infrastructure;
  • undertaking research and development regarding potential products and services;
  • undertaking securitisation activities and other activities relating to funding and capital requirements;
  • compiling statistical data e.g. credit scoring information;
  • for training, quality control and verification purposes; and
  • for recruitment purposes, including assessing a candidate's suitability for a position with us.(iv) Marketing our products or services to you
  • enabling our associated entities and selected other entities to promote their products and services to customers;
  • marketing products and services provided by us and our related entities;
  • providing you with information about other products and services, including those of selected third parties, including by mail, email and telephone (including SMS) for example, information about other services provided by our related entities or any of our retailer partners; and
  • developing an understanding of the products and services you may be interested in receiving from us and our related entities.

If you do not want us to send you any marketing or promotional materials, you can opt out of these services by following the unsubscribe instructions in the promotional message itself, by changing your marketing preferences in your online product portal (if this service is available) or via telephone. Even if you opt out of our marketing communications there are certain operational emails and other correspondence that we will still need to send you such as statements or any changes to your interest rates or finance product/finance agreement (as applicable) with us.

6. Links to other websites

Our website or other communications to you may contain links to other websites. These websites have their own privacy policies in relation to your Personal Information and we have no responsibility for linked websites, or their communication with you, and provide them solely for your information and convenience. We encourage you to be aware when you leave our website and to read the privacy statement of each and every website that you visit.

7. Disclosing your Personal Information to third parties (including overseas)

Where the Privacy Act permits it, we may disclose your Personal Information (including credit-related information) for the purposes above to third parties. These external organisations will record, use and disclose your information in accordance with their own privacy policies and legal obligations.Other third parties that we may disclose your Personal Information to include:

  • your co-applicant (if any);
  • related entities based in New Zealand or overseas;
  • credit reporting agencies that may include the information we provide to them in their reports in order for them to conduct an assessment of your credit worthiness including when you request an increase to your credit limit or a variation to your existing arrangements with us.
  • entities that provide services to us such as mailing houses or call centre operators;
  • entities providing other services to us, including legal services, financial services, market research and data providers;
  • our assignees or potential assignees, or where we act as an agent for, or otherwise on behalf of, another person, to the principal or that other person;
  • the supplier of any goods or services financed with credit we provide;
  • retailers, where the payment or credit service provided by us involves payments to the retailer for goods or services to be provided by them;
  • other financial institutions or entities such as banks and credit providers;
  • identification service providers;
  • insurers, assessors, underwriters, brokers and other distributors;
  • government regulatory bodies in New Zealand and overseas;
  • guarantee or security providers;
  • organisations involved in debt assignment or securitisation arrangements;
  • debt collectors or other enforcement bodies;
  • entities who wish to be involved in our business, or acquire an interest in our business;
  • third parties you authorise to act on your behalf or that are otherwise connected with you (such as your accountant, legal representative, referee or an access seeker acting on your behalf to obtain your credit report); and
  • law enforcement agencies.

Some of these entities may not be located in New Zealand and may not have a New Zealand link. In addition, although many of the retailers we deal with are in New Zealand, some of them are overseas. Therefore, when you ask us to make a payment to or to provide credit for a product or service from such a retailer, we will provide information to that retailer and also to banks and other financial institutions, who may also be overseas, who are involved in processing that payment. These entities are not our service providers, and we do not control how they manage your information.

8. Quality, Access to and Correction of Information

Your consumer credit information may also be disclosed, where relevant, in many of the circumstances described above. In addition, where the Privacy Act permits it, we are permitted to disclose your credit information to credit reporting agencies for the purposes above. Credit reporting agencies may include the information we provide to them in their reports in order for them to conduct an assessment of your credit worthiness. If you fail to meet your payment obligations to us in relation to consumer credit or commit a serious credit infringement, we may be entitled to disclose that information to credit reporting agencies. Credit reporting agencies must comply with the Credit Reporting Privacy Code - further information on the code is available at www.privacy.org.nz. You are entitled to:

  • opt out of direct marketing pre screenings:
  • credit reporting agencies often use credit information to assist credit providers to market their products and services. If you do not want a credit reporting agency to use your credit information in this manner, the Privacy Act gives you the right to request you be excluded from being contacted. Privacy Policy. You should contact the relevant credit reporting agency directly if you wish to request this; and
  • request non-disclosure where you believe you have been, or are likely, a victim of fraud: if you believe that you are a victim of fraud, or are likely to be a victim of fraud, then you can request that a credit reporting agency not use or disclose any of your credit information. You should contact the relevant credit reporting agency if you wish to request this.

9. How we hold and protect your Personal Information

We will hold your Personal Information in paper or other physical form, but it is usually held in electronic form on our systems. Service providers may hold the information for us. Your Personal Information is protected by various physical, electronic and procedural safeguards. Where a service provider holds your information, we require those service providers to adhere to our approved standards of security and confidentiality to ensure the continuing protection of your Personal Information.We train staff who handle your Personal Information to ensure that your Personal Information is handled appropriately. Our procedures ensure that your Personal Information is only made available to staff where necessary. We will also only keep your Personal Information for as long as necessary to achieve the purpose for which it was collected. If your Personal Information is no longer required by us, we will either destroy the information or de-identify it so you can no longer be identified.

10. Your ability to access and correct your Personal Information that we hold (including Credit Information)

You have specific rights under New Zealand law in relation to requesting access to and correction of Personal Information we hold about you.You can request access to the Personal Information we hold about you subject to certain exceptions under the Privacy Act. You are entitled to specify how you wish to access your Personal Information, so long as this is reasonable and practicable. Subject to any lawful grounds for withholding, we will provide you with copies of Personal Information we hold about you. We take every stop that is reasonably practicable to ensure that the Personal Information we collect, use and disclose is accurate, complete and up-to-date. The Privacy Act gives you the right to request correction of the Personal Information we hold.If you want access to your Personal Information or to make a request for correction of Personal Information, you can contact us using the details below:Phone: 021-330-398, Email privacy.officer@e-agent.nz, Address: Privacy OfficerE-Agent (New Zealand) Limited 12 Jacob Street, Brookfield, Tauranga 3110. We verify the identity of anyone requesting access to Personal Information, so as to ensure that we do not provide that information to a person or people who do not have the right to access that information.If we do not agree to your request for correction or cannot provide you with access to certain Personal Information we hold about you for legal reasons, we will give you notice of this outlining our reasons and what next steps you can take. You may also request us to associate a statement with that information to the effect that the information is inaccurate, out-of-date, incomplete, irrelevant or misleading so that it is apparent to users of the information.We may charge you our reasonable costs of providing to you copies of your Personal Information or correcting that information.

11. Personal Information about other persons

If you provide us with Personal Information about any other person, for example a referee, a co-applicant, a shareholder or beneficial owner, you confirm that, prior to disclosing information about them to us, you have received their consent to do so and you have told them:

  • that you are providing this information to us;
  • of our contact details set out in this Privacy Policy
  • the reason you are providing their information; and
  • the fact that we collect, use and disclose Personal Information as set out in this Privacy Policy.

12. Cookies

One way of collecting information is through cookies. Cookies are small text files that websites send to your computer or other Internet-connected device to uniquely identify your browser or to store information or settings in your browser. Cookies allow us to recognise you when you return. They also help us provide a customised experience. To find out more about the way cookies work, how to see what cookies have been set and how to manage and delete them visit www.allaboutcookies.org. In many cases, the information we collect using cookies and other tools is only used in a non-identifiable way, without reference to Personal Information. For example, we use information we collect about website users to optimise our website and to understand website traffic patterns.

  • Third party vendors, including Google, use cookies to serve ads based on your prior visits to their websites.
  • Google's use of the DART cookie enables it and its partners to serve advertisements to you based on your visit to sites and/or other sites on the Internet.
  • You may opt out of the use of the DART cookie by visiting the advertising opt-out page. (Alternatively, you can opt out of a third-party vendor's use of cookies by visiting the Network Advertising Initiative opt-out page.You can use Ads Settings to manage the Google ads you see and opt out of interest-based ads. Even if you opt out of interest-based ads, you may still see ads based on factors such as your general location derived from your IP address, your browser type and recent, previous searches related to your current search.

13. AdWords

We use the Google AdWords remarketing service to advertise on third party websites (including Google) to previous visitors to our site. This could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. Third-party vendors, including Google, use cookies to serve ads based on someone's past visits to our website. Any data collected will be used in accordance with this Privacy Policy and Google's privacy policy. You can set preferences for how Google advertises to you using the Google Ad Preferences page.

14.Privacy complaints, disputes and queries

If you have any questions about this privacy policy and/or a concern or complaint about the way we have handled your Personal Information, please contact us using the details below:Phone: 021330398, Email: privacy.Officer@e-agent.nz Address: Privacy Officer E-Agent (New Zealand) Limited 12 Jacob Street, Brookfield, Tauranga 3110. Once we receive your complaint, we will respond to you within a reasonable period of time, usually within 20 working days. Please note, that where your complaint relates to your Credit Information, we may consult with a credit reporting body or other credit provider in order to investigate and resolve your complaint. Depending on the type of complaint, it may also be necessary for us to consult with other third parties.If your complaint is not handled satisfactorily by us, you may wish to contact the Privacy Commissioner at www.privacy.org.nz. Privacy Policy