Terms and conditions

The Eastland Trader website has been designed to be safe and easy to use. Here’s the fine print.

1. Legal Information

1.1. These Terms and Conditions contain information that regulates the use of the website www.eastlandtrader.co.nz and its associated phone application (together referred to as the “Website”).

1.2. Eastland Trader Publishing Limited (referred to as "Eastland Trader", "us" or "we" in this document), is the owner of the Website.

1.3. Eastland Trader Publishing Limited is a company incorporated under the laws of the New Zealand. Company Number 1045796. Our registered address is 259 Gladstone Road, Gisborne, New Zealand. You can contact us at info@eastlandtrader.co.nz whenever you want.

1.4 Eastland Trader provides a platform that brings together buyers and sellers of second-hand and new products (called the "Service"). The Service is provided by Eastland Trader Publishing Limited.

2. Use of Website

2.1. These Terms and Conditions govern the use of the Website in which Eastland Trader offers a platform to Users willing to buy or sell second hand or new products through a social marketplace which facilitates the sale of these products.

2.2 Our “Privacy Policy” deals with how we will treat your personal data.

2.3. The Website may be integrated in other social networks such as Facebook. Facebook Inc. and other social networks are independent from Eastland Trader., with its own privacy policy established and managed by Facebook.

2.4. Only local people from Wairoa District to Gisborne District and all the way up the East Coast to Hicks Bay can sell their items on this website. This includes private sellers and businesses. Anyone in New Zealand can buy from the website.

3. Creation of an account

3.1. To use or access the Website you need to register with us. This can be done either by using your e-mail address and contact information or your Facebook account login (or other social network account as applicable). If you use another social network account to login to Eastland Trader, you authorise us to access and use certain information depending on the privacy settings that you have selected in that social network account.

3.2. By becoming a member using the Website you will automatically be considered a User (hereinafter the "User" or "you") which requires the full acceptance of these Terms and Conditions. Our terms of becoming a member (an individual member or a business member) are set out on the Website.

3.3. You agree to provide accurate and current Member account information about you as prompted by the registration and/or login form on the Website.

3.4. Use of the Website will allow you to:

• Share information, images, photos as well as other data or personal information you choose to list with your ad with other Users of Eastland Trader.

• Put products on sale as a seller User and making offers as a buyer User in order to buy or negotiate price products via the message system.

• Interact with other users of Eastland Trader though the contact details they choose to provide with the ad.

• Share product offers in other platforms or social networks other than Eastland Trader.

4. Access and acceptance of the Terms and Conditions

4.1. Eastand Trader reserves the right to update our Terms and Conditions from time to time.

4.2. Users accept the current Terms and Conditions published by Eastland Trader at the time of access to or use of the Website. The current version is available on www.eastlandtrader.co.nz.

4.3. The use of certain services offered on the Website may be subject to Specific Terms and Conditions. Specific Terms and Conditions (if any) will prevail if there is any conflict or inconsistency between them and these Terms and Conditions.

5. Security of your account

5.1 By opening an account you accept and assume all liability that may arise as a result of any activity that occurs under your username and password. You are responsible for maintaining the confidentiality of the password you designate during the registration process. You should not share it with other people or perform acts that may diminish or undermine the security of your account. If you believe that your password has been compromised, you should inform us immediately in order to secure your account.

6. Intellectual property rights

6.1. Eastland Trader Publishing Limited (New Zealand) is the holder of all intellectual property rights associated with the Website, the software and our database, including copyright, patents, trademarks and any other distinctive signs including the Eastland Trader logo, the trading name, the format and content posted and the rest of works and inventions or content related to the Website and the technology associated with it., or has obtained the necessary authorisations or licenses for its use,

6.2. The contents of the Website, including the design, applications, text, images and source code, are protected by intellectual and industrial property rights.

6.3. The design layout and appearance of the Website (including screenshots of the Website) and the database of users are not to be used, reproduced, broadcasted, copied, processed or transmitted in any form without our prior permission in writing.

6.4. Eastland Trader assumes no responsibility for any breach of the intellectual or industrial property rights by Users of the Website.

7. Waiver of responsibility

7.1. Eastland Trader does not own or control the items for sale or sold through its Service, unless otherwise stated, and is not a party to the transaction of the sale.

7.2. Any transaction is carried out exclusively between buyer Users and seller Users. When an offer is accepted by a seller User a contract is formed between the buyer User and the seller User. Eastland Trader shall not be responsible, either directly or indirectly, for any disagreement between the parties. Any dispute between Users is to be settled between themselves

7.3. All information about the products published on the Website has been published by the seller User. Eastland Trader does not review or guarantee the products that Users sell or buy though the Website. Eastland Trader cannot guarantee the quality of the products sold, or the veracity of the images and descriptions published by Users.

7.4. Eastland Trader accepts no responsibility for the content of advertisements on the Website or posts made by Users. The placement of advertisements or posts by Users on the Website does not create an endorsement of the products advertised.

7.4. Eastland Trader endeavours to ensure the proper functioning of the Service but does not warrant the Service will be interruption free.

7.5. Hyperlinks contained in the Website may lead to third party web sites. Eastland Trader is not responsible for the content, operation, data protection or services referred to in third party webites or applications accessed by the inclusion of a link on the Service.

7.6. Eastland Trader does not guarantee the absence of viruses, worms, or any other harmful technical element by Users accessing the Website.

7.7. Eastland Trader is not responsible for any damage incurred in User's or third parties' software or devices as a result of the use of the Services. Users are solely responsible for detection of harmful technical elements on the User's own device.

7.8. Eastland Trader is not be liable for any damage caused as a result of the suspension, cancellation or interruption of the Service and/or the Website.

7.9. Users are solely responsible for protecting your password for access to the Website. Eastland Trader accepts no responsibility whatsoever for hacked User accounts.

8.. Prohibited items

8.1. Eastland Trader prohibits the posting, listing or sale (together referred to as "sale") of any items listed below:

• Photos that do not show the item clearly.

• Internet photos, i.e. you have not taken the picture yourself, i.e. the picture is not of the actual product for sale.

• Item infringing trademarks, copyrights or any other IP rights of third parties.

• Cut meat or seafood of any kind.

• An item listed as "free" but is not intended to be given away.

• There is no realistic price set for the item.

• Duplicated listings.

• Advertisements (except for Business Members).

• Photo or text containing a reference to another website, app or merchant (except for Business Members).

8.2. Other items that are specifically prohibited from sale include:

• Alcoholic Beverages.

• Blood, Bodily Fluids and Body Parts

• Burglary Tools.

• Controlled chemical substances (such as cadmium, mercury, acids).

• Counterfeit currency, stamps or coins.

• Counterfeit Products.

• Databases containing personal data.

• Electronic Surveillance Equipment.

• Embargoed Goods.

• Government, official and Transit Uniforms, IDs and Licenses.

• Illegal Drugs and Drug Paraphernalia.

• All types of illegal services and products.

• Hacking tools.

• Hazardous Materials.

• Fireworks, Destructive Devices and Explosives.

• Identity Documents, Personal Financial Records and Personal Information (in any form, including mailing lists).

• Items received through Government assistance.

• Items which encourage or facilitate illegal activity.

• Lottery Tickets, Sweepstakes Entries and Slot Machines.

• Obscene Material and all types of Pornography.

• All type of offensive material.

• Pictures or images that contain frontal nudity.

• Police and Other Security Forces Badges and Uniforms.

• Prescription Drugs, medicines, supplements and Devices.

• Stocks and Other Securities.

• Stolen Property.

• Tobacco Products (including vapes and e cigarettes).

8.3 Any decision about whether an item falls under any of the above categories or Prohibited Items is solely at the discretion of Eastland Trader.

8.4. Eastland Trader reserves the right to remove any listings that we consider inappropriate or unfit for posting. Our policies are often based on applicable laws and regulations, although in some cases, we may make listing decisions based on input from our users and our own discretion, especially for dangerous or sensitive items.

8.5 There is a “bad Behaviour” button on every ad that is placed on the Website. If you believe there has been a breach of our Terms and Conditions and policies please contact us through this channel.

9. Rules of Use

9.1. You agree to use the Website and Services in accordance with the law and these Terms and Conditions.

9.2. You are solely responsible for your interaction with other Users and for all content that you upload, post or transmit through the Website. You also guarantee that you are not infringing any third party right by the content uploaded.

9.3. You agree and acknowledge that Eastland Trader will not be held liable for your own conduct or the conduct of other Users.

9.4. You agree to indemnify Eastland Trader for any loss incurred by us as a result of your breach of any of these Terms and Conditions.

9.5. Eastland Trader aims to ensure the content displayed on the Website by us (excluding posts or advertisements by Users) is accurate. If you identify an error or in accuracy, please notify us by email at info@eastlandtrader.co.nz. We will reply as soon as possible.

10. Copyright infringement

10.1. If you believe your copyright-protected work was posted on the Website without authorisation, you should contact us by email. The fastest and easiest way to notify us of alleged copyright infringement is by email at info@eastlandtrader.co.nz

11. Harmful Digital Communications Act

11.1. You may submit a notification pursuant to New Zealand’s Harmful Digital Communications Act by emailing us at info@eastlandtrader.co.nz or pressing the "Bad Behaviour" button and advising us of your complaint. To be a valid complaint your complaint must be in writing and contain the following information:

• Your name, your physical address, telephone number, and email address, and

• State the specific content posted on the Website and explain why you consider that the specific content

(i) is unlawful, or

(ii) breaches 1 of more communication principles set out in the Harmful Digital Communications Act, and

• Sufficiently enable the specific content to be located readily; and

• State whether you consent to personal information that identifies you being released to the author of the content; and

• Contain any other information that you consider relevant.

11.2 Once we receive a complaint we have 48 hours to notify the author of the complaint and the steps that may be taken.

11.3 The author then has 48 hours to reply to us with a valid counter-notice, which must state the following information in writing:

• The author's name, physical address, telephone number, and email address, and

• whether the author consents to personal information that identifies the author being released to the complainant; and

• whether the author consents to the removal of the content or not.

11.4 If the author consents to the content being taken down then we will take down or disable the content as soon as practicable after being advised of this by the author.

11.5 If the author cannot be contacted by us after 48 hours (after reasonable efforts) or does not reply to the notification from us within 48 hours of us notifying the author, then the content will be taken down from the Website or disabled by us.

11.6 If the author does not consent to the take down then we will notify the complainant of the author's decision.

12. Termination

12.1. We can terminate your account if you breach these Terms and Conditions or for any other reason at our absolute discretion.

12.2 Membership will be terminated once your subscription expires unless you renew your membership on time.

12.3 Members can cancel at any time, but no refunds will be given, no matter how long your subscription is for. For example, If you pay for an annual subscription and don’t want to be a member after 1 month, no refund of any portion of your subscription will be given.

12.4 If you request us to, we can delete your account entirely, otherwise your account will remain "dormant" and you will not be able to access the Website through it. Your account can be reactivated by payment of a new subscription when you chose to reactivate your account.

13. New Zealand Law applies

13.1 These Terms and Conditions shall be governed by the laws of New Zealand.