Terms & Conditions
ACCEPTANCE OF TERMS & CONDITIONS
BEST BY PEERS LIMITED (“BEST BY PEERS" or “us” or “our”) owns and operates this website, www.Best By Peers.co.nz, the mobile version and any individual sites or related sites we have now or in the future.
The website and all links contained within or available through external hyperlinks within our Site, will be collectively be referred to as the "Site" in these Terms & Conditions.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY BEST BY PEERS RELATED SERVICES OFFERED THROUGH THE SITE.
1. Permitted Uses
The Site provides an interactive online service operated by BEST BY PEERS LIMITED.
As a condition of the use of this Site, you agree that:
• You are at least 16 years of age;
• You agree to use this Site according to the terms of this Terms & Conditions;
• If you elect to create an account, you agree to:
• Safeguard your password
• Provide information that is accurate, true, current and complete. Profiles found to be false or fraudulent will be removed.
• Accept full responsibility for your own use & the use of your account by anyone you allow to access it.
2. Availability of the Site
You accept and acknowledge that there may be interruptions in service or events that are beyond our control. We use reasonable efforts to keep the Site accessible; however the Site may be unavailable from time to time, including and without limitation, routine maintenance. BEST BY PEERS retains the right at our sole discretion to deny service, or access to the Site to anyone or an account, at any time and for any reason.
3. Ownership of the Site
All content on this Site, is proprietary to us. Under these Terms & Conditions you agree not to display, create derivative works from, reproduce, modify, transmit, distribute, copy, perform, publish, license, transfer, or sell or re-sell any information, software, products or services obtained from or through the Site unless given permission.
4. Transmission of Information
We do not control internet security or the networks you use to access the Site or communicate with us; we are not responsible for the security or loss of information that you choose to communicate with us while it is being transmitted.
5. Your Conduct on our Site
Our Site is private property, and we reserve the right to restrict at our discretion any use of this site. All interactions on this Site must be lawful and must comply with these Terms & Conditions.
PLEASE DO NOT ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES;
• Knowingly submit inaccurate information or committing fraud in connection with your BEST BY PEERS account or in order to create multiple accounts;
• Attempting to, or accessing data not intended for you;
• Attempting to breach security or authentication measures;
• Tampering or interfering with the proper functioning of the Site;
• Attempting to interfere with service through; overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the Site;
• Using the Site or any part to advertise or solicit for religious or, political purpose; or to compete, directly or indirectly with BEST BY PEERS;
• Reselling or repurposing your access to the Site
• Soliciting Site End Users, Advertisers or other business partners of BEST BY PEERS to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with BEST BY PEERS.
• Using any End User or Merchant information from the Site for any commercial purpose, including, but not limited to, marketing;
• Attempting to exceed quantity limits when registering interest or otherwise using any BEST BY PEERS account to register interest.
• Using measures to prevent or limit access to this Site;
• Any action that places excessive demand on our services
• Aggregating any content or other information from the Site without our express written permission.
• Deep-linking to any portion of this Site without our express written permission;
• Acting illegally or maliciously against the business interests or reputation of BEST BY PEERS, our Advertisers or our services; or
• Hyper linking to the Site from any other website without our initial and ongoing consent.
6. Creating a Personal Account on our Site
If you create a personal account on our Site, you may only create and hold one account that you are solely responsible for managing.
If you violate any of these limitations we may terminate your account. Any pending, current, or future un-redeemed offers will be forfeit.
If we terminate your account, you may not re-join unless we formally invite you.
If you commit fraud or falsify information in connection with your use of the Site or in connection with your BEST BY PEERS account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer.
7. Creating an Advertiser Account on our Site
Any account created must be for the express interest of advertising a Best By Peers. You must not post any content on the Site, that is or contains any material that is threatening, defamatory, obscene, harassing or offensive, that infringes the rights of any third party (including but not limited to intellectual property rights, or rights to privacy), or that otherwise facilitates any crime.
For any advertisement posted on the Site, you must ensure:
• The information contained in the advertisement is true, accurate and correct at the time it is posted and for the period it remains on the Website.
• Only register information which complies with the spirit of Best By Peers brand & service offer.
• Is not any, or related to, of the following: guns & weapons, cigarettes & tobacco, illicit or illegal drugs, adult items, illegal products/services, animals.
• Adhere to our Advertiser Code of Conduct
Advertisers must ensure that their advertisement complies with the Advertising Codes of Practice issued by the Advertising Standards Authority, and every other code or industry relating to advertising in New Zealand.
By supplying or placing an advertisement for publication the advertiser grants us an on-going royalty free license to reproduce the advertisement in any print or electronic advertisement media now or in the future.
All accounts must not be sold, transferred, combined or otherwise shared with any other person. Best By Peers has the right to cancel any offer and close any account, at its discretion.
Best By Peers charges fee for advertising and related services. Fee’s exclude GST. Listing fees are generally collected during the listing confirmation process, however in some instances invoices for payment may be issued. Payment is required immediately, unless stated on the invoice. Listings removed in breach of this Agreement or the Advertisers Code of Conduct will not be refunded.
Best By Peers Limited reserves the right to alter the fees charged for any of the services at any time. In the event that a new service is introduced, the fees for that service are effective at the launch of the service, unless otherwise stated.
9. Modification of this Agreement
We reserve the right at all times to discontinue or modify any part of this Agreement as we deem necessary or desirable. At our discretion we will notify you by email or other medium. Your use of the Site after we update these Terms & Conditions will constitute acceptance of the modified Terms & Conditions.
We reserve the right to change or discontinue any aspect or feature of our services or the Site including, but not limited to, requirements for access or use.
11. Copyright and Trademarks.
ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF BEST BY PEERS IS PROHIBITED.
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, print, and/or save copyrighted material for your personal use only.
12. Websites of Others
The Site may contain links to websites maintained by other parties. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites.
13. Prohibited Content
Do not user the Best By Peers Site for any of the following:
Posting content that is or may generally be considered to be pornographic, obscene, discriminatory, abusive, indecent or offensive; is known to be false or misleading; Post content you do not either own, control all of the rights to, or have the owner’s permission to submit; infringes or may infringe the intellectual property rights or privacy rights of any other person or infringes on a duty of non-disclosure to another person; Defaming, disgracing or libelling Best By Peers and/or others; Uploading files that contain viruses or other malicious software or programming files that may cause damage; Infringing the legal rights (including the rights of privacy and publicity) of Best By Peers and/or others; Uploading false information including, but not limited to, other's IP address and password; Any other activities that are unlawful or prohibited by any applicable laws; Using this environment to promote inappropriate commercial products and/or services; Any other activities that Best By Peers deems inappropriate.
BEST BY PEERS may terminate these Terms & Conditions at any time.
These Terms are governed by New Zealand law and the New Zealand courts shall have jurisdiction to hear and determine disputes in respect of these Terms & Conditions.