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Give and Take Terms and Conditions

April 2009

Welcome to the Give and Take website, a community focused network facilitating the free trade of Goods and Services. We advise you to read carefully and understand these terms and conditions before making any transactions on this website. If you have any questions or notice anything inappropriately listed on our website please do not hesitate to contact our moderators.

1. Acceptance of terms and conditions

When using the Give and Take website you agree that you accept these terms and conditions. If not you are not permitted to use the services provided by the Give and Take website.

These terms and conditions may be updated or amended at anytime and any amendments come into effect immediately. It is solely your responsibility to make sure that you are familiar with and accept the new terms and conditions.

These terms and conditions were last updated April 2009

2. Terminology

Give

The listing of a Good or Service on the Give and Take website that is then taken by a Taker.

Giver

Any person listing a free Good or Service on the Give and Take website.

Good

A unit that can be given away for free on the Give and Take website.

Member

A registered member of Give and Take. Users must become members in order to Give and Take Goods and Services on the Give and Take website.

Service

A service that can be given away for free on the Give and Take website.

Take

The taking of a Good or Service listed on the Give and Take website by clicking on the ‘take’ icon within the listing.

Taker

Any person who takes a Good or Service from the Give and Take website for free.

We, Us and Our

Are a reference to Futureweb, the owners of the Give and Take website.

3. Specific Warnings

The Give and Take website is simply an interface which enables people to transfer Goods and Services for free. When you confirm that you want to Give or Take an item, the email address of the Taker is sent to the Giver. It is then up to the Giver and Taker to agree on the methodology for the transfer of the Good or Service to take place.

The Give and Take website does not act as an agent for either party or participates in the transfer of Goods and Services between parties. Futureweb is not responsible for any misconduct, negligence or intentional deception undertaken by Give and Take Members. Conducting transactions on the Give and Take website is at the user’s own risk.

4. Membership

Give and Take membership is free. However, you must be legally entitled to live in New Zealand. Access to the Give and Take website is not permitted for minors. By registering as a Member you agree that you are of age to form a legally binding contract and follow through with any transferring of Goods or Services that you agree to.

5. Accuracy of Information

When registering as a Member you agree that all the information that you have provided is accurate and up to date. You may not register under multiple identities. We reserve the right to terminate your membership and/or contact you to make inquiries into the validity of your membership should our moderators have fair and just reason.

6. Rights To Suspend or Terminate

Futureweb reserves the right to suspend or terminate your membership immediately and without notice if:

  1. You list items that are listed in the banned and restricted items list.
    (cf. 11. The Obligations of a Giver for more details about banned and restricted items)
  2. You have registered under multiples identities.
  3. You have not complied with these terms and conditions.
  4. You have provided false information or impersonated another Member.
  5. The Give and Take moderators have received a serious and just complaint about you.
  6. The Give and Take moderators consider your behaviour to be outside the scope of the philosophy of the Give and Take website and therefore inappropriate and unacceptable.

7. Security of your login information

You are responsible for your login information, including your email address and chosen password. You agree to keep this information confidential and secure and not to provide this information to another person who has the potential to access your account and transfer Goods and Services under your name.

8. Emails and Newsletters

The Give and Take website will send you an email regarding your membership when you first sign up, when transactions are made on the website in addition to sending out regular newsletters. Members will have the option of cancelling their membership and therefore unsubscribing to such emails at any stage.

9. Give and Take User Conduct

Users of the Give and Take website are solely responsible for the accuracy of all membership information provided. Users of the Give and Take website are solely responsible for their conduct undertaken through the Give and Take website. Such conduct must be in accordance with the laws and regulations of New Zealand. In particular, users of the Give and Take website must not transfer any illegal calumnious, invective, threatening, indecent, obscene, pornographic or terrorist material, Good or Service. Such behavior will result in the termination of the user’s membership and prosecution under the New Zealand legal system if appropriate.

10. General Terms and Conditions

  1. Users must not use a robot, spider, scraper or other automated means to access the Give and Take website, or the information within it for any purpose.
  2. Users of the Give and Take website must not disclose any information such as their email address or telephone number in the description of Goods and Services listed to be given away for free.
  3. Users of the Give and Take website are solely responsible for their own login information and every transaction undertaken through the Give and Take website.

11. The Obligations of a Giver

  1. Givers must be legally entitled to live in New Zealand.
  2. Givers must use accurate and complete information when listing a Good or Service.
  3. Givers are not allowed to give items that are not owned by them.
  4. Services that are given are the responsibility of the Giver but should be done so in a safe manner and in direct accordance with the details of the Service listing.
  5. The description of a Good may contain a URL only if it provides further information and should not be used to sell, promote any other item.
  6. Givers must give the Good or Service to the first person who confirms their intention to Take the Good or Service.
  7. If the transaction was not successful for any reason, the Giver may re-list the Good or Service again.
  8. The Givers agrees that they will immediately receive the email address of the Taker once the Taker confirms their intention to Take a Good or Service.
  9. The giving of videos, DVDs, VCDs and other laser disks is subject to the Films, Videos and Publications Classification Act 1993.
  10. The giving of firearms on the Give and Take website is subject to the provisions of section 43A of the Arms Act 1983. Giving firearms and ammunition must be stated in a document, signed by a member of Police.

12. The Obligations of a Taker

  1. Takers must be legally entitled to live in New Zealand.
  2. Once a Taker has confirmed his/her intention to Take a Good or Service he/she must contact the Giver within 7 days to organise the details of the transaction.
  3. Takers agree that their email address will be provided to the Giver immediately after the Taker has confirmed his/her intention to Take a Good or Service.

13. Give and Take Points

All registered members agree to be attributed points. Points can be associated to an exchange, and to other contributions of the member to the site. Givers have the option of restricting access to Goods and Services to those Takers that have a certain number of points as a reward to those with high ratings. The allocation of points is solely at the discretion of Futureweb.

14. Disclaimer

Members of the Give and Take website agree that

  1. Using/accepting the Goods and Services Given through the Give and Take website is at the Taker’s sole risk.
  2. To the maximum extent permitted by New Zealand law, any and all liability and responsibility of the Give and Take website and its members is dictated by these terms and conditions.
  3. The Give and Take website is exempt of any and all liability and responsibility of damages incurred by the giving and taking of Goods and Services on the Give and Take website.
  4. The services and information provided by the Give and Take website may be interrupted, untimely, insecure, or with minor errors.

15. Intellectual Property Rights

Futureweb owns all intellectual property rights associated with the Give and Take website. Website users may not use any of the intellectual property associated with the Give and Take website without prior written consent.

16. Privacy

The Give and Take website collects information through the membership registration process, the transactions associated with the giving and taking of Goods and Services, in addition to Member feedback. You agree that this information (such as user location and search history) may be provided to businesses seeking to place targeted advertisements on the website.