Terms and Conditions

Overview

This website is operated by Shopless Limited. Throughout the site, the terms “we”, “us” and “our” refer to Shopless Limited. “Sellers” are users who create an advertisement on our website. “Buyers” are people who contact the advertiser of an item to inquire and/or buy the item. Shopless offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or posting an advertisement and/or purchasing an item, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

1. Shopless Terms

You can create an account on Shopless for free. But we do have some eligibility terms and requirements:

  • You must be at 18 years old and able to enter into contracts.
  • You must provide complete and accurate personal information when registering as a member. We may verify these details.
  • You may only register one account per person.
  • You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • You must not transmit any worms or viruses or any code of a destructive nature.
  • A breach or violation of any of the Terms will result in an immediate termination of your Services.
  • You agree to receive communications from us, such as e-mails, texts.

2. General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

3. Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

4. Modifications to the Service

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service.

5. Our Service Is for New Zealand

Your shipping address must be in located in New Zealand, if you like to purchase a product from our website, unless we specifically approve you to use our website from another country.

If you are selling a product, the price must be in New Zealand Dollar and you must include GST in the price. All tax obligations are the responsibility of the seller and/or the buyer.

If your product is likely to attract customs duty for buyers in New Zealand, you must ensure that this is clearly indicated in your Listing.

6. Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

7. Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

8. User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

9. Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. Please read our Privacy Policy carefully.

10. Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international or New Zealand regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) create an advertisement for an illegal product or service; (h) selling firearms/ammunition is not permitted on out platform; (i) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (j) to collect or track the personal information of others; (k) to spam, phish, pharm, pretext, spider, crawl, or scrape; (l) for any obscene or immoral purpose; or (m) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

11. Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Shopless, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Shopless is not responsible for the content posted by other users on our website site. We do not guarantee the accuracy, copyright compliance, legality or decency of the content posted by our users. You release us from liability relating to that content. We solely provide the service allowing you interact with other members. We are not be responsible for any consequence that may occur from your interactions with other members, either online or in person. You release us from all liability relating to your interaction with other users.

For transactions that are carried out without fulfilment, on Shopless, we are not a party to the transaction between you and another member. In the event of a dispute, you agree to release Shopless (and our employees and affiliates) from all claims, demands, costs and damages that may arise. You agree to not involve Shopless in the dispute or resolution of a dispute.

Shopless is in no way involved in the transaction between you and other members. The responsibility of refund and/or return rests on sellers and buyers.

We are not responsible for fraudulent transactions between you and other members.

12. Indemnification

You agree to indemnify, defend and hold Shopless, our affiliates and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

13. Fees and Account

Creating an account on Shopless is free. We charge fees for creating a premium advertisement (an advertisement which appears high up in the search result) such as. The cost of creating a premium advertisement is visible to you when you create an advertisement. Unless otherwise stated, all fees quoted are in New Zealand Dollars and are inclusive of GST.

We would not give any refund to you, once you have created a premium advertisement.

14. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

15. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

If you decide that you want to close your Shopless account, you may do so at any time, given that:

  • You do not have any outstanding advertisement.
  • You have resolved any outstanding matter with Shopless or our users.
  • You have paid any outstanding fees you owe.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

16. Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

17. Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.

18. Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

19. Contact Information

Questions about the Terms of Service should be sent to us at shopless@shopless.co.nz.

Privacy Policy

Overview

This Privacy Policy describes how your personal information is collected, used, and shared when you visit, post an advertisement or purchase from www.shopless.co.nz.

1. Personal Information We Collect

  • When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site.
  • Analytics: We automatically collect analytics information when you visit our website (even if you have not created an account). We may use third party providers to help us with this. Information collected includes, among other things: details about how you’ve used our Services (e.g. links to external applications), your IP address, access times, hardware and software information, applications or services you’ve viewed or engaged with before or after using our Services.
  • We use cookies, web beacons, pixels, tags and other similar technologies to collect and store information about you when you use our Services (e.g. through Google Analytics)
  • Analytics: We automatically collect analytics information when you visit our website (even if you have not created an account). We may use third party providers to help us with this. Information collected includes, among other things: details about how you’ve used our Services (e.g. links to external applications), your IP address, access times, hardware and software information, applications or services you’ve viewed or engaged with before or after using our Services.
  • Location information: When you use certain features of our Services, we may collect and store your location information (e.g. your physical or postal address or your device’s IP address).
  • We do keep a record of your communication with other site members and with Shopless.

2. How Do We Use Your Personal Information?

  • Your personal information allows us to provide Shopless services to you, and also to improve the site functionality.
  • We would use the information that you provide to contact you, through email, text message or correspondence to your address.
  • We use your personal information to verify and authenticate your identity. This allows us to enforce or apply our terms and conditions.

3. Sharing Your Personal Information

  • We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Google Analytics to help us understand how our customers use our website. You can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
  • We may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

4. Do Not Track

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

5. Your Rights

According to the Privacy Acts 1993, you have the right to access and correct your personal information.

We will retain your personal details and a history of your advertisements, to resolve disputes and ensure compliance with our Terms and Conditions, and for other possible reasons. However, we may delete your personal information and/or history of your advertisement if we decide that it is no longer needed.

6. Minors

The Site is not intended for individuals under the age of 18.

7. Changes

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

8. Contact Us

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at shopless@shopless.co.nz.