9.1 System integrity
Trade Me will use its reasonable endeavours to ensure the availability of the website and services, subject to any downtime required for maintenance. However, Trade Me takes no responsibility for any system unavailability, or for any loss that is incurred as a result of website or services being unavailable. Further, Trade Me assumes no responsibility for the corruption of any data or information held by Trade Me.
9.2 Resolution of disputes
As Trade Me is not a party to any dispute between you and another member, you agree:
- not to involve, or attempt to involve, Trade Me in any dispute or in the resolution of disputes that arise between you and another member as a result of the services provided; and
- not to use the services or website to engage in or attempt to resolve the dispute.
9.3 FindSomeone message boards
Trade Me provides message boards on FindSomeone for use by members. The message boards may not be used to promote websites or any commercial, business, illegal or unlawful activity. Trade Me is not responsible for any of the opinions or other information expressed in the message boards. By posting a message to the message board you take full legal responsibility and liability for your comments, including for offensive or defamatory statements, and indemnify Trade Me for any liability it may incur in relation to your comments.
9.4 Force Majeure
Trade Me has no liability for any lack of performance, unavailability or failure of the services or the website, or for any failure of Trade Me to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Trade Me.
9.5 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.
9.6 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.
9.7 Governing Law
These terms and conditions and your membership are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
9.8 Intellectual Property Rights
Trade Me (and its licensors or suppliers, as the case may be) owns all intellectual property rights and other proprietary 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 the website; or
- commercialise, copy or on-sell any information or items obtained from any part of the website.
9.9 Entire agreement
- your registration details; and
- information relating to your use of FindSomeone and the content you post and access.
You agree that Trade Me 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 Trade Me products and services to you, and for any other use that you authorise. If you select "show my photos to anyone" your profile or photo may also appear in the Personals section of Trade Me and the FindSomeone newsletter in addition to the FindSomeone site.
We will never sell or rent your personal information to third parties.
9.11 Emails and newsletters
Trade Me will send you emails relating to your membership, transactions and other activities on the website, and for promoting and marketing other Trade Me products and services to you. Trade Me may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.