Welcome to Rural Trader - New Zealand’s online rural community, developed for farmers, by farmers.
By using the Rural Trader website, you accept and are bound by these terms and conditions, whether you are a member or not. If you do not accept these terms and conditions then you must refrain from using the website. These terms and conditions will assist in keeping Rural Trader a safe, but enjoyable website.
Acceptance of terms: By accessing Rural Trader you accept these terms. If you do not accept these terms, you may not use Rural Trader.
Amendment of terms: We shall have the right at any time to change or modify the terms and conditions applicable to your use of Rural Trader, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Rural Trader, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of Rural Trader by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions.
Last updated: 25th November 2008.
Terminology: In these terms and conditions: ‘we’, ‘us’ and ‘our’ refer to Rural Trader. ‘you’ and ‘your’ refer to you and any other person using your member log-in details.
Rural Trader means www.ruraltrader.co.nz and any other Rural Trader website, and includes our associated services.
Through its Web property, Rural Trader provides you with access to a variety of resources, including download areas, communication forums and product information (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the User Agreement.
What we do: We provide an online place for members to meet other like-minded individuals, interact with each other - through the discussion forums and/or through trading items with each other and for members to learn and read topical issues in the community information section.
What we don’t do: We are not a party to any sale through Rural Trader. You deal directly with any buyer or seller, and any contract is directly between you and the buyer or seller.
We are not responsible for anything a member does or does not do. Neither do we:
Our relationship with you: We will operate Rural Trader as we see best fit in assisting members to trade safely and efficiently. We are here to help, and we welcome any comment or feedback you have about Rural Trader.
You shall use Rural Trader for lawful purposes only. You shall not post or transmit through Rural Trader any material;
which violates or infringes in any way upon the rights of others,
which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable,
which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or
which, without Rural Trader’s express prior approval, contains advertising or any solicitation with respect to products or services
Any conduct by you that, in Rural Trader’s discretion, restricts or inhibits any other User from using or enjoying Rural Trader will not be permitted.
You shall not use Rural Trader to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Rural Trader.
Rural Trader contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound.
You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.
You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Ruraltrader.co.nz Ltd and the copyright owner.
In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
You shall not upload, post or otherwise make available on Rural Trader any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of Rural Trader, you automatically grant, or warrants that the owner of such material has expressly granted Rural Trader the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other User to access, view, store or reproduce the material for that User’s personal use. You hereby grant Ruraltrader.co.nz Ltd the right to edit, copy, publish and distribute any material made available on Rural Trader by you.
The foregoing provisions of Section 5 are for the benefit of Ruraltrader, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a “Communication Service” and collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not: Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including email addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
Rural Trader has no obligation to monitor the Communication Services. However, Rural Trader reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Rural Trader reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Rural Trader reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Rural Trader’s sole discretion.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials. Always use caution when giving out any personally identifiable information in any Communication Services. Rural Trader does not control or endorse the content, messages or information found in any Communication Services and, therefore, Rural Trader specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized Rural Trader spokespersons, and their views do not necessarily reflect those of Rural Trader.
You may not violate any laws, third party rights or our policies, such as the Prohibited & Restricted Items policies. Members must be located in New Zealand. Members should not send items to an address that is outside New Zealand. You may not use the auction section of the website if you are under the age of 18, or not able to form legally binding contracts. You may not allow any other person to use the Rural Trader account using your account or username. This includes selling, transferring, leasing, lending or trading your Rural Trader membership under any circumstances. You are responsible for any actions taken under your membership. You may not list any contact details, such as phone number or email address, within the description of listings, listing comments and/or questions, in your member profile or in the Rural Trader discussion boards, except where Rural Trader specifically provides for contact details to be provided. You must list any items for sale, whether they are listed in auctions, classifieds or property, in New Zealand dollars and include GST in the price. You may not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Rural Trader website without prior written permission.
If any of the Services require you to open an account, you must complete the registration process by providing Rural Trader with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Rural Trader immediately of any unauthorised use of your account or any other breach of security. Rural Trader will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Rural Trader or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder. You agree that you will:
have only one membership (unless we have agreed otherwise); keep your membership details (including your email address, residential address and telephone number) current and up to date; not use Rural Trader to promote any products or services outside of Rural Trader, except within the Directory; and not use Rural Trader to make any offensive, disruptive, vulgar, hostile, defamatory, unlawful or other inappropriate comment. The use of Rural Trader is a privilege not a right. We may at any time and without notice:
(a) suspend or terminate any membership; (b) remove any listing, bid, comment, blog or thread; (c) forbid any person from using Rural Trader; or (d) take any other necessary steps that we consider essential,
Emails and Newsletters: Rural Trader may, from time to time, send you emails relating to your membership, other activities on the website and electronic newsletters. If you do not wish to receive newsletters you may un-subscribe from the mailing list at any time by following the instructions contained within the newsletter.
All information provided by us pursuant to these terms and conditions is provided in good faith. You accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources, which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information from time to time. We do not make any representations or warranties that the information we provide is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material, which is made available to you.
By listing items for sale on Rural Trader you agree that: all pricing is in New Zealand dollars and includes GST (if any); you can legally sell those items and that they are in your possession; your listing is accurate, complete and not misleading and it will include all relevant shipping and payment information, terms of sale and payment terms; you will sell to the highest bidder if the reserve price is met; you will offer items for sale in the appropriate categories; you will not use Rural Trader to promote a business or website excluding those listed for sale or listed in Directories; you will not try to influence bidding (including through fake bids or multiple identities);
you may not list items that are illegal and/or included in our Prohibited & Banned Items
By bidding on an item on Rural Trader you agree that: you are lawfully entitled to enter into and complete the transaction; your bid is an irreversible offer to buy the item at the bid price entered once the listing has closed;
if your bid is accepted, you will efficiently complete the transaction in the manner specified in the listing; and you will not try to manipulate bidding (including through false bids or multiple identities).
Feedback must not contain any abusive or offensive language. Feedback must not contain any personal details or information, either of yourself or another member.
Rural Trader fees are listed on our fees page. We reserve the right to change our fees at any time. Fees are listed in New Zealand dollars. Non-commission fees will be charged when an item is listed. Commission fees will be charged upon successful closure of auctions. Fees are deducted from your Rural Trader account.
Refunds are issued at our discretion. Your Rural Trader account will be credited with your refund.
All fees are in New Zealand dollars and include GST. Fees must be paid immediately upon notification by Rural Trader.
Rural Trader accounts may only be used to pay Rural Trader’s fees. They cannot be used to pay for items purchased through Rural Trader. You must settle any negative balance immediately. You are liable for all expenses, including legal fees, that Rural Trader incurs recovering this debt. If your membership has been inactive for more than a two year period, then your membership will be suspended and any unused balance on your account will be forfeited to Rural Trader.
If you terminate your membership with Rural Trader then a refund of the balance of your account will be given, minus a $5 administration fee. If your membership is terminated by Rural Trader for any reason no refund will be given.
You expressly agree that use of rural trader is at your sole risk. Neither Rural Trader, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that Rural Trader will be uninterrupted or error free; nor do we make any warranty as to the results that may be obtained from use of Rural Trader, or as to the accuracy, reliability or content of any information, service, or merchandise provided through Rural Trader.
Rural Trader is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action. You specifically acknowledge that Rural Trader is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with you.
In no event will Rural Trader, or any person or entity involved in creating, producing or distributing ruraltrader.co.nz or the Ruraltrader.co.nz Ltd software, is liable for any damages, including, without limitation, direct, indirect, incidental, special and consequential or punitive damages arising out of the use of or inability to use Rural Trader. You hereby acknowledge that the provisions of this section shall apply to all content on the site.
In addition to the terms set forth above neither, Rural Trader, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within Rural Trader, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising there from or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
Force majeure - neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The party affected by any such event shall notify the other party within a maximum of fifteen (15) days from its occurrence. The performance of this agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this agreement.
Rural Trader will be provided to the highest standard possible. However, we do not take responsibility for any interruption in service, down-time or loss of information. We cannot provide a guarantee that the website and its services will be error free.
You agree to release, indemnify and keep indemnified us from and against all actions, liabilities, damages, losses, costs (including legal costs), proceedings, claims 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 any transaction through Rural Trader, your use of Rural Trader’s community boards or otherwise relating directly or indirectly to your use of Rural Trader (including any use if Rural Trader by any person through your membership log-in).
Rural Trader is not responsible for the content of advertisements that appear on this website, including links to advertiser’s own websites. The placement of such advertisements does not constitute Rural Trader’s recommendation of the advertised product or service.
Rural Trader is not liable for, responsible for, or does not give any warranty about any information or advice in relation to items sold or listed on the website, including the accuracy or truth of listing, the ability of members to complete a transaction and the content, safety, description, worthiness, quality or legality of the items that are listed on the website.
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.
If any condition of these terms and conditions is held to be invalid, unenforceable or illegal for any reason, and in any respect, that condition shall be removed from the remaining terms and conditions, which will continue in full force and effect.
We do not claim ownership of the materials you provide to Rural Trader (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting Rural Trader, its affiliated
companies and necessary sublicenses permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Rural Trader Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services. No compensation will be paid with respect to the use of your Submission, as provided herein. We are under no obligation to post or use any Submission you may provide and we may remove any Submission at any time in its sole discretion. By Posting a Submission you warrant and represent to own or otherwise control all of the rights to your Submission as described in this User Agreement including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), you warrant and represent that
You are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services,
You have the rights necessary to grant the licenses and sublicenses described in this User Agreement, and
That each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in this User Agreement, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images.
The links in this area will let you leave Rural Trader’s site. The linked sites are not under the control of Rural Trader and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Rural Trader is not responsible for webcasting or any other form of transmission received from any linked site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site. Rural Trader is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, we have no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of Rural Trader, are those of the respective author(s) or distributor(s) and not of Rural Trader. Neither Rural Trader nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through Rural Trader represents the opinions and judgments of the respective information provider, User, or other user not under contract with Rural Trader. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made on Rural Trader by anyone other than authorised Rural Trader employee spokespersons while acting in their official capacities. Under no circumstances will Rural Trader be liable for any loss or damage caused by a User’s reliance on information obtained through Ruraltrader.co.nz. It is the responsibility of the User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Rural Trader. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
Rural Trader shall have the right, but not the obligation, to monitor the content of Rural Trader, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by us and to satisfy any law, regulation or authorised government request. We shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on Rural Trader. Without limiting the foregoing, we shall have the right to remove any material that we, in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable.
We (and our licensors or suppliers, where relevant) own all copyright and other intellectual property rights in Rural Trader. We reserve all our rights. Under no circumstances, with no exceptions, may you copy, reproduce, modify, create derivative works from, distribute or publicly display anything from Rural Trader.
You agree that you will accept our Privacy Policy.
Any delay or failure by Rural Trader to enforce any of our rights does not constitute a waiver of those rights.
User agrees to defend, indemnify and hold harmless Rural Trader, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of Rural Trader by User or User’s Account.
Either Rural Trader or User may terminate this Agreement at any time. Without limiting the foregoing, Rural Trader shall have the right to immediately terminate User’s Account in the event of any conduct by User which Rural Trader, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
This Agreement and any operating rules for Ruraltrader.co.nz established by Rural Trader constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of New Zealand without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Rural Trader and its logos are trademarks of Ruraltrader.co.nz Ltd. All rights reserved. All other trademarks appearing on Rural Trader are the property of their respective owners.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
Rural Trader understands the importance of collecting your personal information and protecting it. This privacy policy outlines what information we collect, how we store it and how it is used.
The Office of the Privacy Commissioner (www.privacy.org.nz) provides further information on the New Zealand Privacy Act.
As part of operating Rural Trader we may collect certain information about our users, such as;
We will never share the information we collect with third parties, with the exception of the following circumstances:
We have collected and stored your information in order to provide a quality service to you while using Rural Trader. We may use this information for the following reasons:
All entries become the property of Rural Trader (and any third parties conducting joint promotions with Rural Trader) and are held for up to 4 months after the prize draw date. After this, they are then destroyed in a secure manner.
A cookie is a small file that resides on your computer and is recognised by our server when you visit our site. A cookie those provide us with any personally identifiable information. It does provide details of your IP address, the computer platform that you use (e.g. Windows or Mac), the browser that you use (e.g. Microsoft Explorer or Safari) and what domain you are accessing our sites from. With this information we can do the following:
This Privacy policy only relates to our sites. You should be aware that Rural Trader is not responsible for the practices of our advertisers or business partners. Our site may contain links to other sites. You should check their privacy policies before providing personally identifiable information to them or any other third party.
Rural Trader operates a continuous improvement policy and is committed to providing members with the best user experience. As part of this policy we may change this Privacy Policy from time to time. Accordingly, we encourage you to review this page periodically for our latest privacy practices.
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