Terms and Conditions of Trade and Use of Services
General – Terms of Trade
- MOVE TO NZ LIMITED NZBN 9429047992573 Terms of Trade (MTNZ) is a company, located in New Zealand, that provides a complete one stop shop website catering everyone intending to move to or currently living in New Zealand. MTNZ bridges the gap by connecting people with homes to live in, products they need for their new home, jobs for a stable income, goods, resourced information about living in New Zealand and much, much more.
- MTNZ provides various services via its website. These services may be changed from time to time without notice. Some of those services, include but are not limited to employment related services, real estate services, and information (Services). The website can be accessed www.movetonz.co.nz (Website).
- MTNZ also promotes various goods via its Website. These goods include but are not limited to technology products, and any other goods advertised on the Website from time to time (Goods)
- These terms and conditions apply to all contracts for trade between MTNZ and:
- Individuals who use the Website and purchase goods and/or purchase Services via the Website, or who advertise on the Website in their personal capacity for domestic purposes (User); and/or
- Businesses, sole traders or individuals who use the Website and advertise and/or provide Services via the Website (Providers).
- These terms and conditions will prevail over any terms and conditions, representations, or understandings between MTNZ and Users and Providers in relation to goods or Services offered via the Website.
- These Terms and Conditions of Trade are in addition to MTNZ Terms and Conditions of Use of the Website which can be found here.
- These Terms and Conditions of Trade are in addition to the MTNZ Privacy Policy which can be found here.
- As a User or Purchaser, you agree to be bound by these terms and conditions; if you do not agree, do not use the Website, the Services or be a Provider or User.
- If you have questions or concerns regarding these terms and conditions, you should first contact MTNZ at admin@movetonz.co.nz
Orders for Goods or Services
- MTNZ reserves the right to accept or decline, in whole or in part, any order for Goods or Services placed by a User.
- MTNZ reserves the right to accept or decline, in whole or in part, any request for advertising or provisions of Services by any Provider.
- After ordering online for Goods or Services, you will receive an email confirmation from the third-party provider in which website you have been directed to for the purchase.
- All orders for Goods and Services will be delivered and dispatched in accordance with the delivery terms set out by the third-party at the time of purchase.
- Unless otherwise agreed by MTNZ the User or third-party, any orders received for Goods out of stock will be placed on backorder. All backorders will be charged at the price prevailing at the time of the original order. MTNZ will not be liable for any loss of damage that the User may suffer as a result of Goods being out of stock.
- Any backorders will be delivered in accordance with the third-party standard delivery terms which are set out on their website.
- All prices are inclusive of Goods and Sale Tax (GST) and any User and/or Provider is liable to pay the applicable amount of GST at the same time that payment for the Goods is made.
- The prices, and description of the Goods and/or Services are subject to change by MTNZ at any time at the absolute discretion of MTNZ.
Orders for Commercial Advertising
- Advertising means commercial advertisements, listings for real estate (buying or rental), and employment (or related services) advertisements.
- Providers can purchase advertising to enable them to advertise their Services and/or Goods on the Website.
- At all times, advertising on the Website must comply with the Terms of Advertising set out below.
- A Provider will submit to the dedicated Account Manager any advertising content. You should check the spelling and grammar is correct and also the accuracy of the advertisement you are publishing.
- MTNZ reserves the right to accept or decline, in whole or in part, any order for advertising by a Provider.
- MTNZ reserves the right, at its sole discretion, to accept, decline, delete or un-publish, in whole or in part, any advertisement by any Provider.
- As the Provider, you must indemnity MTNZ from any and all claims and any loss or damage suffered by a User or the general public in relation to false, misleading, untrue, partially true, inaccurate, illegal or improper advertisements for Goods or Services which you approve for publication.
- MTNZ will at all times and in good faith endeavor to provide you with the full time period of your advertisement, however, MTNZ does not warrant that it can or will continue to honor the remaining time on your advertisement due to events beyond its control such as crashes of the Website, telecommunications outages, insolvency or liquidation of MTNZ or any other associated service provider. You purchase advertising at your own risk.
Delivery of Goods
- MTNZ engages third parties to provide the goods. Therefor it will not be liable for the delivery time frames and services beyond it’s control.
- All deliveries are subject to the time frame in which the third-party lays out at time of purchase.
- Any delivery issues need to be addressed by third-party in which the product/s have been purchased from.
Delivery of Services
- MTNZ engages third parties to provide the Services. Therefore, it will not be liable for the completion date for Services beyond its control.
- Despite this, typically you can expect the following time frame for delivery of Services:
- For resume and related recruitment services – within 14 days of your order and payment being received by MTNZ
- MTNZ will endeavor to deliver the Services within the times set out above however it will not be responsible for any loss or damage associated with Services being delivered outside of this time period.
- Any time or date named and accepted by MTNZ for completion, delivery and dispatch is an estimate only and does not constitute a representation, or a term of the contract, nor shall it be part of the description of the Services and is not an essential term of the contract.
Payments
- MTNZ engages third parties to provide Goods and Services. Therefore, it will not be liable for taking payments on their behalf.
- At times you are re-directed to a third-party website, you will need to read the outlined terms and conditions on the third party website prior to purchase.
- MTNZ will invoice for any services provided directly from MTNZ.
- These payments should be made promptly unless you hold a commercial account with MTNZ.
Refunds and Returns
- Any refunds or returns will need to be discussed and is at the disclosure of the third-party in which you purchased that service or product.
- There is no refund, return or credit for Commercial Advertisements.
Indemnity
- Users agree to indemnify and hold MTNZ harmless from and against all liabilities, losses, damages, costs or expenses incurred or suffered by MTNZ and from and against all actions, proceedings, claims or demands made against MTNZ, arising:
- As a result of users failure to comply with any laws, rules, standards or regulations applicable in relation to the Goods, the use of the Goods, the Services or use of the Services.
- As a result of any other negligence or other breach of duty by the user in connection with the Goods or Services.
- As a result of anything improper or illegal done in connection with the Goods or Services or by advertising through the Website.
- As a result of any breach of these terms and conditions by the Account Holder or its agents or employees.
Applicable Law
- The agreement and the relationship between the parties and MTNZ shall be governed by the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of New Zealand.
Applicability of Terms
- These terms and conditions, as may be varied from time to time at the sole discretion of MTNZ and displayed on the MTNZ Website, apply to the relationship between MTNZ and people who buy, provide or access services on the MTNZ Website. Purchase of Goods or Services and use of the Services is conditional upon acceptance of and compliance with these terms and conditions, as they apply from time to time.
- Any specific conditions, notices, variations and disclaimers whether incorporated currently or given in the future need to be carefully read as acceptance of these terms and conditions will be confirmation that they have been read and understood.
Notices
- Any notices given in relation to these terms and conditions must be in writing and signed by an authorised person of the sender.
- Notices must be transmitted by email to admin@movetonz.co.nz
- A notice is deemed to be served “at the time of dispatch” within the meaning of section 10 of the Electronic Transactions Act 2002 (NZ).
Waiver and Barr to Proceedings
- The failure of MTNZ to exercise or enforce any right or provision of the agreement shall not constitute a waiver of such right or provision. The Account Holder agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of the use of the service or the agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Dispute
- If any dispute arises under this agreement or in connection with the service, such dispute must first be the subject of a mediation between the parties before a mediator agreed between the parties or otherwise appointed by the Institute of Arbitrators and Mediators New Zealand. The good faith participation in the mediation is a pre-condition of any litigation, except for applications for urgent, summary or injunctive relief.
Liability
- MTNZ is not liable for any damages whatsoever (including special, indirect, consequential, or incidental damages or damages for loss of profits, revenue, or loss of use) arising out of or relating to the Website or the information contained therein or the products it supplies whether such damages arise in contract, in tort, in equity, under statute, at law or otherwise.
Entire Agreement
- This agreement constitutes the entire agreement between the parties and supersedes any prior or contemporaneous agreements, statements, understandings, or representations concerning its subject matter.
Severability
- If any part of this agreement is legally declared invalid or unenforceable, that part shall be severed from the remainder which will remain valid and enforceable.
Terms of Advertising
- By advertising on the Website you agree to abide by the following conditions of use:
- Advertising must be for a product or service you own and/or operate;
- Advertising of goods must be proper and lawful;
- You cannot advertise goods that are stolen or received from another person who you reasonably suspect may have stolen the goods;
- Advertisements must be a true reflection of the good/job/service/event you are advertising. You as the Provider are responsible for the veracity and the accuracy of your advertisement.
- You are not permitted to advertise any threatening, abusive, defamatory, obscene, illegal, prohibited or indecent material;
- You are not permitted to advertise in any manner that might be considered by a reasonable person to be false or misleading;
- You are not permitted to advertise in any manner that might infringe any third-party right;
- You are not permitted to advertise or distribute or send advertisements or messages or other communications that contain spam, chain letters, or pyramid schemes;
- You are not permitted to advertise or distribute viruses or any other technologies that may harm or cause loss or damage to MTNZ, the Providers or Users.
- You are not permitted to impose an unreasonable load on our infrastructure or interfere with the proper working of the Website or the provision of our Services.
- You are not permitted to advertise copy, modify, or distribute any other person’s content without their express written consent;
- You are not permitted to use any robot spider, scraper or other automated means to access the Website and collect content for any purpose;
- You are not permitted to harvest or otherwise collect information about others, including email addresses, telephone numbers etc;
- You are not permitted to post or advertise bypass measures used to prevent or restrict access to the Website.
- A breach of any one or all or any part of these Terms of Advertising can result in MTNZ in its sole discretion, banning and/or blocking a User or Provider. If you have paid for advertising you are found to be in breach of these Terms of Advertising and banned from the Website, you are not entitled to return of your remaining advertising fee.
- Any determination by MTNZ that there has been a breach of the Terms of Advertising is full and final and is not appealable in any way.
Questions, Complaints, Comments
Any queries, questions, complaints or comments about these terms, advertising, services or the website should be directed to admin@movetonz.co.nz We will endeavor to reply to your query within 2 working days.