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Conditions of Use of www.tunnelandmining.co.nz

1.1    

1.1.1The services:  provides a venue to introduce persons who want to buy and sell items.  does not take any part in the sale of items other than by providing our Website. We do not act as agent for either party and do not participate in any sale or transaction between you and other members.

1.1.2 The services:  provides a venue to introduce persons who are wanting to fill a vacant position and persons seeking employment.  does not take any part in the employment process other than by providing our Website. We do not act as agent for either party.


1.2   At your own risk: Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that Tunnel and Mining takes no responsibility or liability for any misconduct of any one using the site as an avenue to sell items including, without limitation, persons who attempt to defraud you.  gives no undertakings, representations, or warranties in relation to items sold or listed on the Website, including:

  1.  
    1. about ownership of any item;
    2. as to the content, safety, description, worthiness, quality, or legality of the items that are listed on the Website;
    3. as to the accuracy or truth of listings;
    4. that any item will meet your requirements or expectations; or
    5. about the ability of members to complete a transaction.



1.3    Disclaimer: You expressly understand and agree that:

  1.  
    1. Your use of the services is at your sole risk. The Website and services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting clause 1.2, Tunnel and Mining Ltd disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
    2.  does not warrant that i) the services provided will be uninterrupted, timely, secure, or error free, or ii) that any information (including feedback) provided on the Website is error-free or reliable;
    3. no advice or information that is obtained by you from  or anyone else shall create any warranty by  that is not expressly stated in the terms and conditions; and
    4. responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute  recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.



1.4    Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of  to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, another users acts or omissions, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise.  liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.

1.5    Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction, your sale or attempted sale of an item prohibited under clause 4.2(d), or arising out of any content or item you submit, post, transmit, or make available through the Services.

1.6    Breach: Without limiting any other rights and remedies available to , may limit your activities on the Website, remove your listings, warn other of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our Services to you if you breach these terms and conditions or where Tunnel and Mining New Zealand considers it appropriate.

 

2.0    BECOMING A MEMBER

2.1    Becoming a Member: Becoming a member is free.
2.2    Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering. You must maintain and update your personal information held by  to ensure it is kept current at all times.
2.3    Termination of membership:  reserves the right to decline to register or to terminate your membership without entering into further discussions with you.
2.4    Security of your login information: You are responsible for keeping your login information, including your email address and password, secret and secure.


 

3.0    GENERAL RULES

3.1    You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so.

3.2    You may not use a robot, spider, scraper or other automated means to access the Website or information featured on it for any purpose.

3.3    You are responsible for any actions taken through your membership

Your obligations as a seller

3.4    You will only enter listings that are accurate, current, complete, and include all relevant information about the terms of sale, payment terms, shipping methods and who bears the cost of shipment.

3.5    You will only place listings for items that exist and are to be sold. You will not list items that you are not legally entitled to sell or that are not in your possession.

3.6    You must not list anything that is illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or unsafe, anything which infringes copyright or other intellectual property rights, items which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any item of which the sale is prohibited by, or violates any, law. You agree that  may disclose your personal information, including your name and contact details, to the relevant authorities if we consider that you are in breach of this clause at any time.

3.7     Recruitment and Used Equipment for Sale classifieds may be used by individuals or businesses to list specific items or jobs only and must not be used for multiple or generic item or job listings. You must not place multiple listings for a single item or job.

3.8    You must not use the Services or the Website to sell items that are of a speculative nature including, but not limited to, pyramid, surf-for-free, or similar schemes.

3.9     reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions.

4.0    FEES AND ACCOUNTS

 Listing Fees

4.1     charges fees for the use of the Website as a venue.

4.2     current fees are listed on our Contacts Page.

4.3    Tunnel and Mining New Zealand reserves the right to change the fees charged for any of our Services at any time.

4.4    If you are a New Zealand resident, then all fees are inclusive of GST and in New Zealand dollars unless otherwise stated. If you are not a New Zealand resident, then all fees are, unless otherwise stated, in New Zealand dollars and do not include GST. Unless otherwise stated in these terms and conditions.

 

5.0    GENERAL PROVISIONS


5.1    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.

5.2    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. 

5.3     Intellectual Property Rights: Tunnel and Mining New Zealand Ltd (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property 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.

5.3    You may not without our prior written permission, in any form or by any means:

5.3.1           Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or

5.3.2           Commercialise, copy, or on-sell any information, or items obtained from any part of this Website.


5.4    Privacy: Tunnel and Mining New Zealand collects personal information about you through your use of the Services and the Website, including:

  1.  
    • your registration details; and
    • information relating to your use of the Website and the content you access.


 We will not sell or allow third parties to access your personal information without your consent. We release account and other personal information only when we believe release is appropriate to comply with law; facilitate court proceedings; enforce or apply our terms and conditions; or protect the rights, property, or safety of Tunnel and Mining New Zealand Limited, our users, or others

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