Terms & Conditions

Acceptance of Terms and Conditions

1. The terms and conditions are the terms on which Manestream Media Limited trading as I Spy Horses offers you access to the Services and the Website. By accepting or using this Website you accept these terms and conditions. If you do not accept these terms and conditions you must refrain from using the Services.

Amendment of Terms and Conditions

2. As I Spy Horses operates in a changing commercial, technological and regulatory environment, we may amend these terms and conditions from time to time. Unless otherwise stated, amendments will take effect immediately upon posting of the amended terms and conditions on this website. It is your responsibility to ensure that you are familiar with the latest terms and conditions. When you continue to use the Services you are by your conduct agreeing to be bound by the terms and conditions as amended.

3. These terms and conditions were last updated on 1 April 2019.

Definitions:

Specific Warnings

4. The Services: I Spy Horses provides a venue:

(a) To allow Seller Account Holders to advertise the sale of Items. I Spy Horses does not take part in the sale of Items and/or horse(s) other than by providing the Website as a venue for Seller Account Holder to advertise;

(b) To allow Members to maintain an InFocus Page;

(c) To allow Trade and Services Account Holders to advertise their trade or business service. I Spy Horses does not take part in contracting of trades and services other than by providing the website as a venue for Trade and Services Account Holders to advertise;

(d) To allow News Account Holders to read and contribute to the News Platform.

In all cases, we do not act as agent for either party in any arrangement, sale or other transaction between you and other Members or Account Holders.

5. At Your Own Risk: Transactions and all other contact between you and any person or persons arising as a result of you advertising an Item for sale, advertising a trade or business service, maintaining an InFocus Page, or becoming an Account Holder for the purposes of joining the News Platform are conducted entirely at your own risk. You agree that I Spy Horses takes no responsibility or liability for any action, inaction or misconduct of any person including any of its Members and Account Holders, including (without limitation) Members or Account Holders who have provided false information or who attempt to defraud you.

6. No Representations, Undertakings or Warranties: I Spy Horses gives no representations, undertakings or warranties in relation to Items listed on the Seller Platform or services advertised or offered on the Service Platform, or as to the accuracy or truth of any statements made on the Seller Platform or the Service Platform in respect of any Items or services, including:

(a) Title to and ownership of any Item;

(b) As to the contents, safety, description, worthiness, quality or legality of any Items listed on the Website;

(c) That any Item or trade or business service will meet your requirements or expectations.

7. Disclaimer:

(a You expressly understand and agree that:

(i) Your use of the Services is at your sole risk; and

(ii) The Services are provided on an “as is” and “as available” basis; and

(b) I Spy Horses does not warrant that the Services provided will be uninterrupted, timely, secure or error free and does not warrant that the Website and the Services will be free of infection by viruses, worms, Trojan horses or anything else containing destructive properties.

(c) To the maximum extent permitted by law and without limiting clause 6 I Spy Horses disclaims and excludes all express and implied conditions or warranties, but not limited to any warranties as to merchantability, fitness for a particular purpose and non-infringement.

(d) You also acknowledge that the contents of advertisements on the Website (including hyperlinks to advertisers own websites) rest solely with the advertisers and the placement of any advertisement does not constitute I Spy Horses’ recommendation or endorsement of the advertised Item or trade or business service.

8. Liability: You agree that to the maximum extent permitted by law, and any and all liability and responsibility of I Spy Horses to you or any other person under or in connection with these terms and conditions, or in connection with the Services, this Website, another Member’s or Account Holder’s acts or omissions, or your use of or inability to use the Services or the Website is excluded regardless of how such liability arises where in contract, tort (including negligence), equity, breach of statutory duty or otherwise, I Spy Horses’ 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 inconsequential loss.

9. Indemnity: You agree to release, indemnify and keep indemnified I Spy Horses 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, or arising out of any content or Item that you submit, post, transmit or make available through the Services.

10. Breach: I Spy Horses may, without limiting any other rights and remedies available to it, limit your activities on the Website, remove your listings or other content if you breach these terms and conditions or where I Spy Horses considers it appropriate to do so.

Becoming an Account Holder and Member

11. Becoming an Account Holder

(a) In order to be able to use the Seller Platform, the Services Platform or the News Platform you must complete the relevant account opening form and pay the relevant fee (if any) contained at the relevant time on the website. You must be at least 18 years old. By registering as an Account Holder you warrant that you can form a legally binding contract.

(b) You warrant that you have provided complete, accurate and current personal information when registering as an Account Holder. You must maintain and update your personal information held by I Spy Horses to ensure it is kept current at all times. I Spy Horses may (at its sole discretion) phone or mail you to verify these details.

(c) I Spy Horses reserves the right to decline to register or terminate your account without entering into further discussions with you. Without limiting the foregoing I Spy Horses may terminate your account if a serious complaint or multiple complaints are received about you from other Members, or Account Holders if you breach these terms and conditions, or if we at our sole discretion deem your behaviour to be unacceptable. When limiting your activities on the Website, I Spy Horses may consider offsite conduct such as prior criminal convictions, insolvency or any other conduct that puts our community or systems at risk. In the event of termination you also agree that you will not open or attempt to open any new I Spy Horses accounts. You may at any time close your I Spy Horses account by giving us three (3) days notice in writing. If you close your account or if it is terminated by I Spy Horses your ability to use the I Spy Horses Website will end. To the extent that you continue to access this site Clauses 4, 5, 6, 7, 8, 9, 10, 13 and 16-23 continue to apply.

12. Becoming a Member.

(a) In order to maintain an InFocus Page you must become and register as a Member by completing the membership form and paying the membership fee (if any) set out on the Website.

(b) 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 I Spy Horses to ensure it is kept current at all times. I Spy Horses may (at its sole discretion) phone or mail you to verify these details.

(c) I Spy Horses reserves the right to decline to register or terminate your Membership without entering into further discussions with you. Without limiting the foregoing I Spy Horses may terminate your Membership if a serious complaint or multiple complaints are received about you from other Members, if you breach these terms and conditions, or if we at our sole discretion deem your behaviour to be unacceptable. When limiting your activities on the Website, I Spy Horses may consider offsite conduct such as prior criminal convictions, insolvency or any other conduct that puts our community or systems at risk. In the event of termination you also agree that you will not open or attempt to open any new I Spy Horses Membership. You may at any time close your I Spy Horses Membership by giving us three (3) days notice in writing. If you close your Membership or if it is terminated by I Spy Horses your ability to use the I Spy Horses Website will end. To the extent that you continue to access this site Clauses 4, 5, 6, 7, 8, 9, 10, 12 and 16-23 continue to apply.

General Rules

13. General:

(a) All listings or communications through I Spy Horses shall be made in good faith;

(b) 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;

(c) You must list Items or trade and business services in New Zealand dollars and if you are a resident in New Zealand include GST in the price;

(d) Members and Account Holders are responsible for any actions taken through their membership or by virtue of being an Account Holder. I Spy Horses memberships and Account Holders are not transferrable and cannot be sold, leased, lent or traded;

Obligations on Account Holders

14. Obligations:

(a) You will only enter listings in respect of Items or trade or business services that are accurate, complete and include all relevant information about the terms of sale, payment terms, shipping methods and who bears the cost of shipment. If your Item is likely to attract customs duty for buyers in New Zealand you must ensure that it is clearly indicated in your listing;

(b) You will only place listings for Items that exist, are to be sold, and that you are legally entitled to sell;

(c) You will only advertise trades and services that exist and that you are legally entitled to provide;

(d) All listings, posts and articles must comply with New Zealand law. You must not list anything or post or contribute anything that is illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen or unsafe, or anything which infringes copyright or other intellectual property rights, Items which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any Item of which the sale is prohibited by or violates any law. You agree that I Spy Horses 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 you are in breach of this clause 13(d) at any time;

(e) Listings are not pre-screened for content. I Spy Horses reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions;

(f) You must promptly forward the listed Item to the successful buyer on completion of the transaction. You must not charge unreasonable costs for shipping and packaging costs;

(g) You must not list for sale firearms or ammunition;

(h) When an individual listing is marked as SOLD, this listing may remain on the site showing as sold, but cannot be revived. A new listing must be created if the sale falls through;

(i) If you are a motor vehicle trader listing for sale a vehicle through the Seller Platform, you must attach to the vehicle a Consumer Information Notice (CIN) in a prominent position on your listing (e.g. through a clear photo) and provide the CIN to any buyer. If you sell six (6) or more vehicles a year you are likely to be a motor vehicle trader and must be registered (for more information visit the Motor Vehicle Traders Registration Website). Regardless of whether you are a motor vehicle trader or not, if you are selling a motor vehicle on I Spy Horses you are required to ensure that the buyer of the motor vehicle takes the motor vehicle free of any security interest and you must disclose in your listing whether there is any security interest over the motor vehicle.

Fees and Accounts

15. Fees:

(a) I Spy Horses’ current fees are listed on the Website.

(b) Fees for the Seller Platform and the Services Platform are charged at the time of listing and are non-refundable.

(c) Fees for becoming a Member and becoming a News Platform Account Holder are charged at the time of joining.

(d) I Spy Horses reserves the right to change the fees for any of our Services at any time.

(e) If you are a New Zealand resident then all fees are in New Zealand Dollars and are inclusive of GST.

(f) If you fail to pay any fees by the due date (as set out in the relevant invoice), I Spy Horses may (without prejudice to its other rights) charge:
  (i) interest on the unpaid amount from the due date until the date payment is received at 2% per annum over the base overdraft facility rate charged by I Spy Horses’ bankers from time to time; and/or
  (ii) an admin fee as set out in the relevant invoice.

General Provisions

16. Resolution of Disputes: You agree not to involve or attempt to involve I Spy Horses in any dispute or in the resolution of disputes that arise between you and any other persons as a result of the Services provided.

17. Force Majeure: Without prejudice to any other provision in these terms and conditions, I Spy Horses has no liability for any lack of performance, unavailability, or failure of the Services or the Website or any failure of I Spy Horses to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of I Spy Horses.

18. No Waiver: If we do not exercise or enforce any right available to you under these terms and conditions, it does not constitute a waiver of those rights.

19. 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.

20. 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.

21. Intellectual Property Rights:

a) I Spy Horses (and its licensors 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.

b) You may not without our prior written consent in any form or by any means adapt, reproduce, copy, share, 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 this Website.

c) You grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, display, distribute or otherwise publish, any content (i) submitted, posted or uploaded by you to the Website or (ii) otherwise transmitted or made available through the Services. You warrant to us that you have obtained all required rights, approvals and consents to grant us the licence contemplated by this clause 21(c).

22. Entire Agreement: These terms and conditions constitute the entire agreement between the parties relating to the subject matter of these terms and conditions.

23. Privacy: I Spy Horses collects, uses, and discloses personal information about you as outlined in detail within our privacy policy.