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Terms & Conditions	:	Empty Trucks NZ It is important that you read these terms and conditions carefully because by using our website and our services, you will be deemed to have accepted them. 1.1 Acceptance of terms and conditions: The terms and conditions are the terms on which Empty Trucks NZ offers you access to the Services and the Website. By registering as a member of Empty Trucks NZ you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Services. 1.2 Amendment of terms and conditions: These terms and conditions may be amended in whole or in part by Empty Trucks NZ from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended. These terms and conditions were last updated 06 October 2009. SPECIFIC WARNINGS 2.1 The services: Empty Trucks NZ provides a venue to introduce members who want sell freight services. Empty Trucks NZ does not take any part in the sale of any services other than by providing our Website as a venue for members. If a listing is sold by a truck owner, a contract of sale will be formed between the buyer and the truck owner directly. We do not act as agent for either party and do not participate in any sale or transaction, including any payments, between you and other members 2.2 At your own risk: Transactions and all other contact between you and other members/clients are conducted entirely at your own risk. You agree that Empty Trucks NZ takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you. It is solely the Truck Owners responsibility to choose there client and no recommendation or warranties are entered into. 2.3 Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Empty Trucks NZ to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Empty Trucks NZ liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss. 2.4 Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction. 2.5 Breach: Without limiting any other rights and remedies available to Empty Trucks NZ, Empty Trucks NZ may limit your activities on the Website, remove your listings, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our Services to you if you breach these terms and conditions; or where Empty Trucks NZ considers it appropriate. 2.6 Additional rules: In addition to the terms and conditions set out in this document, the “Disclaimer” forms part of these terms and conditions. BECOMING A MEMBER 3.1 Becoming a Member: You may only register as a member if you are a New Zealand based business and can form a legally binding contract that is enforceable against you. By registering as a member, you warrant that you can form a legally binding contract. 3.2 Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by Empty Trucks NZ to ensure it is kept current at all times. Empty Trucks NZ may phone or mail you to verify these details. You must not register as a member under multiple identities or personas (whether false or not). 3.3 Termination of membership: Empty Trucks NZ reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, Empty Trucks NZ may terminate your membership if a serious complaint or multiple complaints are received about you from other members or clients, if you breach these terms and conditions, if you impersonate another member, or if we, at our sole discretion, deem your behaviour to be unacceptable. 3.4 Security of your login information: You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree: not to permit another company or association to use your user name or membership; and not to disclose, or provide to any other organisation or group , your password, email address or any other information in connection with your membership that may allow them to gain access to your membership. GENERAL RULES 4.1 General All listings and communications made through Empty Trucks NZ shall be made in good faith. You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so. You may not use a robot, spider, scraper or other automated means to access the Website or information feature on it for any purpose. All tax obligations are the responsibility of the seller and/or the buyer (as the parties determine). You must not use the Services or the Website to promote items for sale outside the Services without the expressed permission of Empty Trucks NZ. You are responsible for any actions taken through your membership. Empty Trucks NZ memberships are not transferable and therefore can not be sold, leased, lent or traded. 4.2 Your obligations as a Truck Owner Truck Owners must be located in New Zealand. Sellers outside of these countries are not permitted to list on Empty Trucks NZ. You will only enter listings that are accurate, current, complete, and include all relevant information about the terms of logistics. Truck Owners reserve the right to advertise the freight services elsewhere, though must when the load has been filled must update Empty Trucks NZ. Listings are not pre-screened for content. Empty Trucks NZ reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions. 4.3 Feedback Feedback you provide on other members must not contain offensive, defamatory or inappropriate language. Empty Trucks NZ reserves the sole right to determine what is considered offensive, defamatory or inappropriate language. You may only give member feedback that relates to a specific transaction. You must not post feedback on a transaction that does not relate to that specific transaction. You must not post feedback about yourself or include any contact details or personal information in your feedback. Feedback is provided for the sole purpose of facilitating trading between members on the Empty Trucks NZ Website. You must not market or export any feedback to any venue other than the Empty Trucks NZ Website. FEES & ACCOUNTS 5.1 Empty Trucks NZ Fees Currently the website is of free use to any and all Trucking Companies to list Regular or single routes. Empty Trucks NZ reserves the right to change their fees and payment structure as it sees fit, without notice. GENERAL PROVISIONS 6.1 System Integrity: Empty Trucks NZ will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, Empty Trucks NZ takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, Empty Trucks NZ assumes no responsibility for the corruption of any data or information held by Empty Trucks NZ. 6.2 Resolution of disputes: As Empty Trucks NZ is not a party to transaction between you and another member or client, you agree not to involve, or attempt to involve, Empty Trucks NZ in any dispute or in the resolution of disputes that arise between you and another member or client as a result of the Services provided. 6.3 Force Majeure: Without prejudice to clause 2.3, Empty Trucks NZ has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of Empty Trucks NZ to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Empty Trucks NZ. 6.4 No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights. 6.5 Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect. 6.6 Governing Law: These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand. 6.7 Intellectual Property Rights: Empty Trucks NZ (and its licensor's or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the Website. You may not without our prior written permission, in any form or by any means: Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or Commercialise, copy, or on-sell any information, or items obtained from any part of this Website. 6.8 Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions. 6.9 Privacy: Empty Trucks NZ collects personal information about you through your use of the Services and the Website, including: your registration details; and information relating to your use of the Website and the content you access. You agree that Empty Trucks NZ may use this personal information to assist us to provide the Services to you, for internal research purposes, to verify your identity, for promoting and marketing other Empty Trucks NZ products and Services to you, and for any other use that you authorise. You agree to your membership's trading history being published in your feedback. We will not sell or allow third parties to access your personal information without your consent, however you agree that Empty Trucks NZ may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of clause 4.2 at any time.
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