FindSomeone

1.1 Acceptance of terms and conditions

These terms and conditions are the terms on which Trade Me offers you access to the FindSomeone services and website. By registering as a member you accept these terms and conditions, as amended by us from time to time. If you do not accept these terms and conditions, you must not use the FindSomeone services.

1.2 Amendment of terms and conditions

These terms and conditions may be amended in whole or in part by Trade Me from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this website. You are responsible for ensuring you are familiar with the current terms and conditions. Your use of the FindSomeone services or this website represents your agreement to be bound by the terms and conditions as amended.
These terms and conditions were last updated on 18th July 2013

1.3 Terminology

• "member" means any registered member of FindSomeone including gold members.
• "Trade Me", "we", "us",and "our" are references to Trade Me Limited.
• "profile" means the profile you submit to FindSomeone from time to time.
• "services" means any one or more of the services offered by Trade Me from time to time, including FindSomeone, message boards and any other service that Trade Me may offer.
• "you" and "your" are references to you the member.
• "FindSomeone", "website" and "site" means the FindSomeone.co.nz website and any other related website through which the FindSomeone services are offered, including (without limitation) m.findsomeone.co.nz.

2.1 You may not be a member of this website if:

1. You cannot form a legally binding contract. By registering as a member, you warrant to us that you can form a legally binding contract. In any case, you must be at least 18 years old to become a member.
2. You have ever been convicted of breaching a protection order, of a violent or sexually related criminal offence or any dishonesty offence.
3. You are directly or indirectly involved (in any capacity) in the operations of a service that competes with the services.
4. You are not currently living in New Zealand.

2.2

Trade Me employs staff to monitor profiles and photos. Without limiting any other remedies available to us, we reserve the right at any time to suspend or remove you, your access to any services, your profile and any content you submit, from the website at our sole discretion. When exercising this discretion, we may consider any onsite or offsite conduct that puts our community or systems at risk. If we do remove your profile or any content you submit we will not be liable to you in any way.

3.1 You are solely and legally responsible for:

1. The content and legality of all information contained in your profile;
2. The content and legality of any material, including photos and messages, you post to or enter on the website;
3. All of your communications with and behaviour towards other members; and
4. Compliance with all applicable laws at all times when using the services and/or the website or in circumstances arising out of your use of the services and/or the website.

Trade Me is not responsible for any profile or other content posted or entered on the website.

You should not include any identifying information or illegal or unlawful information in your profile.

Information you provide in your profile may be published through on the website.

We reserve the right to store any information you enter, even if deleted from tools provided on the website.

3.2

You make contact with other members entirely at your own risk. You are legally responsible for your own actions. You agree that Trade Me has no responsibility or liability for any actions of you or other members including, without limitation, members that have registered under false pretences or who attempt to defraud or harm you. Trade Me is not responsible for ensuring members comply with these terms and conditions.

3.3

You must not communicate with, or attempt to communicate with, any person who has indicated that he or she does not wish to communicate with you or to continue to communicate with you.

3.4

Trade Me may be requested to assist in any prosecutions or other proceedings brought by members or third parties against other members and will do so if required by law or if we believe a member has breached our terms and conditions. You agree to us providing such assistance, including the release of any relevant information we may hold about you.

3.5

Members may not be who they say they are. Although we employ technology and staff to protect members, Trade Me is unable to confirm that any member on this website is who they say they are. You must therefore exercise caution when dealing with other members. As an internet-based service, there are risks of members misrepresenting themselves or presenting themselves under false pretences. This includes misrepresentations about age, gender, marital status or any other attribute which we ask the member to provide. It is also possible that members from other countries will access this service. It may not be practically possible for Trade Me to enforce these terms and conditions against such members.

3.6

Without limiting any right that we may have, we may, at our sole discretion, edit, modify, or delete content from your profile, delete any other content or material you have posted to the website, or suspend or cancel your membership if we believe that content entered creates, or may create, liability for Trade Me or if we believe the information to be inappropriate or if we believe you have breached these terms and conditions. We are not liable to you if we exercise any of these rights, including cancellation of any type of membership.

3.7

Trade Me reserves the right to decline to register or to suspend or terminate your membership without entering into further discussions with you. Without limiting the foregoing, Trade Me may terminate your membership if:

1. a serious complaint or multiple complaints are received about you from other members,
2. you breach these terms and conditions,
3. you impersonate another member, or
4. you have previously been banned from using this or any other service offered by Trade Me, or
5. if we, in our sole discretion, deem your behaviour to be unacceptable.

Members who have registered under multiple aliases will have all of their aliases disabled.

4.1

You will provide complete and accurate personal information when registering to use the service including your first names and surname. You will maintain your personal information as supplied to us to keep it true, accurate and complete at all times. Trade Me reserves the right to contact you from time to time to verify your details.

4.2

You agree to comply with all applicable laws when using the services and dealing with other members.

4.3

You are responsible for keeping your password secret and secure. Without limiting the foregoing, you agree:

1. not to permit any other person to use your user name and password; and
2. not to disclose, or provide to any other person, your password.

4.4

You will not attempt to damage or harm the website or the services.

4.5

You will not use the website for commercial purposes or for the promotion of any business.

4.6

You will only interface with this website manually and through a web browser. You are not permitted to programmatically or otherwise automatically interface with this website. This includes "spidering" or interfacing for the purposes of harvesting information from this website.

4.7

You will not enter obscene, abusive, defamatory, threatening, harassing, illegal or objectionable material on the website. This includes messages, images, the information in your profile or any other form of information that can be entered on the website (including communications with other members). Trade Me will be the sole judge of what is considered a breach of this obligation. Trade Me reserves the right to refer such material to the relevant authorities to consider prosecution, or to assist other members in the prosecution of members.

4.8

Members' accounts, including gold members' accounts, are not transferable.

4.9

You must not use the FindSomeone messaging system or message boards for the discussion of competing services or any illegal or unlawful activity.

4.10

You must not enter any contact or identifying information in your profile. This includes, but is not limited to, your email address, phone number, or physical address.

4.11

You must not disclose any details of any other members or disclose personal information of others through the FindSomeone message boards, messaging system or otherwise.

5.1

Trade Me offers paid memberships. The fees specified on the website are payable in advance and are non-refundable. Fees paid will not attract credit interest or other financial charges. In the event that you are removed from a website for breach of our terms and conditions or for any other reason, your remaining subscription will be lost and is not refundable.

5.2

The fees specified on the website include all applicable taxes, including sales tax and consumption taxes such as goods and services tax (GST).

5.3

Trade Me reserves the right to change the fees charged or introduce fees for any of the services at any time. If we introduce a new service, the fees for that service are effective at the launch of the service, unless otherwise stated.

You expressly understand and agree that:

1. Your use of the website and the services is at your sole risk. Trade Me expressly disclaims, to the maximum extent permitted by law, all warranties, express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement.
2. Trade Me makes no warranty, to the maximum extent permitted by law, that i) the services provided will be uninterrupted, timely, secure, or error free, ii) the information provided on the website is error-free or reliable, iii) the quality of any products or services obtained through the website will meet your requirements, or iv) members are who they say they are.
3. No advice or information that is obtained by you from Trade Me or otherwise shall create any warranty not expressly stated in the Terms and Conditions.
4. Responsibility for the content of advertisements appearing on the website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the website does not constitute Trade Me's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.

You expressly understand and agree that:

1. Trade Me shall not be liable under any circumstances for any direct, indirect, incidental, special, consequential or exemplary loss or damages, including but not limited to damages for loss of profit, goodwill, use, data, or other intangible losses that result from the service, or the inability to access the service.
2. Trade Me shall not be liable for the cost of procurement of substitute goods or services resulting from services provided by Trade Me.
3. Trade Me shall not be liable for the conduct or statements of members or third parties in relation to the service.

You agree to indemnify fully Trade Me from and against all claims, liability, loss, costs and expenses (including the full amount of legal costs) incurred or suffered by Trade Me in respect of or in connection with:

1. information contained in your profile;
2. any material, including (without limitation) photos and messages, you post to or enter on the website;
3. your communications with or behaviour towards other members;
4. any death, personal injury or damage to property you may cause;
5. your breach of these terms and conditions or any applicable laws.

9.1 System integrity

Trade Me will use its reasonable endeavours to ensure the availability of the website and services, subject to any downtime required for maintenance. However, Trade Me takes no responsibility for any system unavailability, or for any loss that is incurred as a result of website or services being unavailable. Further, Trade Me assumes no responsibility for the corruption of any data or information held by Trade Me.

9.2 Resolution of disputes

As Trade Me is not a party to any dispute between you and another member, you agree:

1. not to involve, or attempt to involve, Trade Me in any dispute or in the resolution of disputes that arise between you and another member as a result of the services provided; and
2. not to use the services or website to engage in or attempt to resolve the dispute.

9.3 FindSomeone message boards

Trade Me provides message boards on FindSomeone for use by members. The message boards may not be used to promote websites or any commercial, business, illegal or unlawful activity. Trade Me is not responsible for any of the opinions or other information expressed in the message boards. By posting a message to the message board you take full legal responsibility and liability for your comments, including for offensive or defamatory statements, and indemnify Trade Me for any liability it may incur in relation to your comments.

9.4 Force Majeure

Trade Me has no liability for any lack of performance, unavailability or failure of the services or the website, or for any failure of Trade Me to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Trade Me.

9.5 No Waiver

If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.

9.6 Partial Invalidity

If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.

9.7 Governing Law

These terms and conditions and your membership are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.

9.8 Intellectual Property Rights

Trade Me (and its licensors or suppliers, as the case may be) owns all intellectual property rights and other proprietary rights in the website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the services and the website. You may not without our prior written permission, in any form or by any means:

1. adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of the website; or
2. commercialise, copy or on-sell any information or items obtained from any part of the website.

9.9 Entire agreement

These terms and conditions, our privacy policy and the code of ethics supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written and constitute the entire agreement between the parties relating to the subject matter of these terms and conditions.

9.10 Privacy

Please refer to our privacy policy. Trade Me collects personal information about you through your use of FindSomeone services and the website, including:

1. your registration details; and
2. information relating to your use of FindSomeone and the content you post and access.

You agree that Trade Me may use this personal information to assist us to provide the services to you as described in our privacy policy. This includes for (among other things) internal research purposes, to verify your identity, for promoting and marketing other Trade Me products and services to you, and for any other use that you authorise. If you select "show my photos to anyone" your profile or photo may also appear in the Personals section of Trade Me and the FindSomeone newsletter in addition to the FindSomeone site.

Trade Me may also gather information about you from Facebook with your express permission, and in accordance with our privacy policy.

Trade Me may release account and other personal information in accordance with our privacy policy (for example, to authorities or other entities where necessary uphold the law or our terms).

9.11 Emails and newsletters

Trade Me will send you emails relating to your membership, transactions and other activities on the website, and for promoting and marketing other Trade Me products and services to you. Trade Me may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.