TERMS OF USE

1.         Acceptance

Snapity is an online platform (the Platform) which allows users to market, advertise, sell and buy Goods.

By accessing and using the Platform or otherwise registering to become a Snapity Member, whether through a mobile device, mobile application or computer you agree to be bound by (i) these Terms of Use and (ii) our Privacy Policy,  each of which is incorporated by reference into this Agreement, and (iii) any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Platform (collectively, this Agreement). If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Platform.

We may make changes to this Agreement and to the Platform from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in our offering on the Platform. The most recent version of this Agreement will be posted on the [Platform under Settings[RLH1] [NJ2] [NJ3] ] and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes to your rights or obligations, we will notify you at least 20 days in advance of the changes (unless we’re unable to do so under applicable law) by reasonable means, which could include notification through the Platform or via email. If you continue to use the Platform after the changes become effective, then you are deemed to agree to the revised Agreement.

2.         Definitions

For the purposes of this Agreement:

Goods means any goods listed by a Seller under a Listing (Good means any one of them);

Listing means any listing on the Platform by a Seller under which that Seller advertises, markets and sells Goods;

Listing Tokens means tokens purchased from Snapity to be able to place a Listing on the Platform;

Member Content means all information or material uploaded, displayed or otherwise posted to the Platform by a Snapity Member;  

Platform means Snapity’s online platform, accessible by mobile device, mobile application or computer, which allows users to market, advertise, sell and buy Goods;

Seller means any Snapity Member who places a Listing on the Platform to sell a Good.

Snapity Member means any person who registers to become a Snapity Member via the Platform.

3.         Platform / Interactions

The Platform allows to users to market, advertise, sell and buy Goods. We do not participate in the actual sale of any Goods via the Platform/Listing and we are not involved in the transaction itself. Transactions are between the relevant Seller and Snapity Member buying the Goods. We do not own any Goods listed on the Platform and we do not act as an agent for either the Seller or buyer of Goods on the Platform.  

Snapity will endeavour monitor the Platform to ensure it is a safe online marketplace for users. However, we cannot pre-screen Listings or at all times monitor Listings or use of the Platform, nor can we control the conduct of Snapity Members or guarantee that all Listings or Member Content will comply with this Agreement.   If we become aware of any use of the Platform in breach of this Agreement, we will take the appropriate action in relation to such use. You can report any abuse or complain about Member Content or interactions with other users of the Platform by contacting Snapity (contactus@snapity.com).  

 

If you are a Snapity Member or otherwise use or access the Platform you acknowledge and agree to the following:

 

1. You are solely responsible for your interactions with other users of the Platform (including other Snapity Members) and acknowledge that you enter into such interactions at your own risk.  We are not responsible for, nor can we control, the conduct of any Snapity Member or user of the Platform on or off the Platform and you agree to use caution in all interactions with Snapity Members and users of the Platform, particularly if you decide to communicate off the Platform or meet in person in connection with a Listing.

 

2. We do not conduct criminal background checks on Snapity Members (or otherwise users of the Platform). Further, we do not inquire into the background of Snapity Members or their Listings to verify the statements and information provided in Listings. However, we reserve the right to conduct criminal background checks or other screens, at any time and using available public records.

 

3. The Platform is provided on an “as is” and “as available” basis and to the extent permitted by applicable law, Snapity grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the Platform (including all content, including Member Content, contained therein) and interactions resulting from use of the Platform, including, without limitation, any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement.

 

4. We take no responsibility for Member Content or any other content of users of the Platform and such content is accessed at your own discretion and risk.  

 

5. We do not represent or warrant that: (i) the Platform will be uninterrupted, secure or error free, (ii) any defects or errors in the Platform will be corrected, or (iii) that any content or information you obtain on or through the Platform will be accurate.

 

4.         Membership – Eligibility

The Platform is for use in New Zealand only and you cannot register to become a Snapity Member under multiple identifies. In order use the Platform to sell or purchase Goods, you must become a Snapity Member. You are not authorised to become a Snapity Member or otherwise to access or use the Platform unless you meet the following criteria:

1. you are at least 18 years of age;
2. you are a resident in New Zealand (unless we specifically agree with you otherwise); and
3. you complete the Snapity registration process and provide true, correct and up-to-date information.

5.         Your Account.

You are responsible for maintaining the confidentiality of your Snapity Membership login credentials you use to sign up to become a Snapity Member, and you are solely responsible for all activities that occur under your Snapity Member account. If you think someone has gained access to your account, please immediately contact us. For more information regarding the information we collect from you and how we use it, please refer to our Privacy Policy.

6.         Modifying the Service and Termination.

Snapity will endeavour to continue to improve the Platform experience for users. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Platform entirely, in which event we will notify you in advance unless circumstances, such as safety or security concerns, prevent us from doing so.

You may terminate your account at any time, for any reason, by [following the instructions in "Settings" in the Platform[RLH4] [NJ5] .]

Without limitation to any of our other rights and remedies, if you are in breach of this Agreement or otherwise undertake in activity which we deem inappropriate, then we have the right to remove your Listings and/or Member Content and suspend or terminate your Snapity Membership and access to the Platform.

7.         Intellectual Property

To enable you to use the Platform, we grant you a personal, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the Platform for the sole purpose of letting you use and enjoy the Platform benefits as intended by us and permitted by this Agreement.

You may not adapt, copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Platform without our prior written consent. Without limitation to our other rights and remedies, we will immediately revoke the above licence in the event of any authorised use or access of the Platform and associated intellectual property by you.

For the avoidance of doubt, all intellectual property rights, in the Platform, including rights in the software and source code used (including all development, updates or otherwise of the same) to provide the Platform is solely owned by Snapity (or its licensors, as the case may be).

8.         Member Content

You acknowledge and agree to the following in relation to Member Content:

1. Even if we host and display your Member Content on the Platform, you are solely responsible for the content of your Member Content. You warrant and represent that you either own or have permission to use all of your Member Content (including the right to sell Goods under a Listing, if you are a Seller). You must ensure that all of your Member Content is true, accurate and complete and all times;

 

2. We may monitor or review your Member Content. We may delete any Member Content, in whole or in part, that in our sole opinion violates this Agreement or may harm the reputation of the Platform or users of the Platform.

 

3. By becoming a Snapity Member, you grant Snapity a transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute your Member Content. Such licence is subject to your rights under applicable law and is for the purpose of operating, developing, providing, and improving the Platform and researching and developing new ones. You agree that Member Content you place or that you authorise us to place on the Platform may be viewed by other Snapity Members and may be viewed by any person visiting or participating in the Platform.

 

4. Snapity may access, store and disclose your account information and Member Content if (without limitation) required to do so by law, by performing its agreement with you, or in a good faith belief that such access, storage or disclosure satisfies a legitimate interest, including to: comply with legal process/obligations; enforce the Agreement; respond to claims that any Member Content violates the rights of third parties or any law; or protect the rights, property or personal safety of Snapity and/or any other person.

9.         Use of the Platform

As a Snapity Member or otherwise by accessing and using the Platform you agree to comply with the following:

 

1. You must comply with all applicable laws relating to your use of the Platform (including Listings), including (without limitation) the Consumer Guarantees Act 1993, the Fair Trading Act 1986 and the Harmful Digital Communications Act 2015.

 

2. You shall not use the Platform (nor sell any Goods under a Listing) for any purpose that is illegal or prohibited by this Agreement.

 

3. You must not use the Platform to spam, solicit money from or defraud any Snapity Members or users of the Platform.

 

4. You shall not bully, "stalk", intimidate, assault, harass, mistreat or defame any person.

 

5. You shall not post any Member Content or Listing that violates or infringes anyone's rights, including rights of publicity, privacy, copyright, trademark or other intellectual property rights.

 

6. You must not post any Member Content or Listing that is hate speech, threatening, sexually explicit or pornographic.

 

7. You must not post any Member Content or Listing that incites violence; contains nudity or graphic or gratuitous violence or otherwise promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.

 

8. You must note copy, scrape or replicate any part of the Platform.

10.       Listings and Sellers  

Only Snapity Members are authorised to use the Platform to place a Listing and sell Goods. If you use the Platform to display, market, advertise and/or sell your Goods, then you are deemed a Seller for the purposes of this Agreement and acknowledge and agree to the following:

1. You are solely responsible for your Listing. You warrant that each Listing is true, accurate and complete at all times, including without limitation, the description, price, applicable taxes or fees, shipping information and required legal disclosures in connection with the Goods within the Listing. Without limitation to the above, your Listing must clearly state the terms of sale, payment terms, shipping methods (and who bears the costs of the same). You are solely responsible for setting the price of the Goods in each of your Listings.

 

2. Your Goods must comply with all applicable laws and regulations. The sale of illegal, unsafe, or other banned or restricted products is strictly prohibited. Without limitation to the aforesaid, please refer to our banned/restricted goods page which sets out goods which are either banned or restricted on the Platform
3. You are solely responsible for complying with any sales, returns, warranties, refunds and all other relevant terms or information related to your Listing that you want to apply to your Listing and interactions with Snapity Members or that are otherwise required by law. Any such terms or information do not bind Snapity and must not conflict with this Agreement.  

 

4. You are solely responsible for all applicable taxes (including GST), fees surcharges and additional charges in connection with the sale of Goods under your Listing. If your Listing is subject to GST, then this must be clearly identified in your Listing. Snapity takes no responsibility for any applicable taxes (including GST) which result from the sale of a Good under a Listing – this must be dealt with by the Seller and the buyer of the Goods under the Listing.

 

5. You are expressly prohibited from displaying, promoting, offering, marketing or selling counterfeit or pirated goods, products or services.

 

6. Your Listing must comply with all applicable laws.

 

7. You are solely responsible for ensuring the integrity and safety of your Goods. You are solely responsible for any defect or non-conformity in any Good you offer as part of a listing and must comply with any recall or safety alert, or similar direction or notice, with respect to any Good related to your Listing. You agree to promptly remove any Listing upon issuance of any recall or safety alert, or similar direction or notice, or claim of infringement of intellectual property rights with respect to your Goods under a Listing or as otherwise directed by Snapity.

 

8. We may review Member Content and Listing at any time to ensure the integrity of the Platform, but this does not limit or change your obligations under this Agreement, and for the avoidance of doubt, does not mean that we assume any responsibility or liability in respect of your Member Content and Listings.

 

Subject to Snapity completing verification on the relevant Seller, a Seller has the option to enable their location (or otherwise location of their Listing or Goods) to be shared publicly on the Platform in connection with their Listing. By requesting to have their location shared publicly on the Platform, the Seller acknowledges and agrees that it does so at its own risk and Snapity is not responsible for any interactions between Snapity Members and users of the Platform or otherwise as a result of the Seller electing to share its location on the Platform.

 
11.       Listing Tokens and Payment

In order to submit a Listing on the Platform, a Seller must have sufficient Listing Tokens. Currently, Snapity does not charge any success fees for Listings.

 

The fees page [link] sets out the fees payable to Snapity to obtain Listing Tokens and also the number of Listing Tokens required in order to place a Listing. We may change our fees associated with Listing Tokens.  We will notify you about fee changes, usually by site announcement, and we will generally give you at least one weeks’ notice. If you want to know what our current fees associated with Listing Tokens, just visit our fees page [link].

You can pay our fees associated with Listing Tokens by credit card or debit card through our secure our third-party payment provider, Windcave. For more information regarding Windcave visit https://www.windcave.com. If you choose to purchase Listing Tokens, you will be prompted via the Platform to confirm your purchase and will be redirected to the Windcave Payment Gateway to enter your card details. Snapity neither collects nor stores your credit or debit card details.

You have the option to subscribe for periodic top-ups of your Listing Tokens – recurring payment to Snapity by direct debit or continuous credit card or debit card authority is the easiest way to pay for your periodic Listing Token top-ups. In such event, the amount due is debited automatically from your bank account or credit card or debit card on the relevant date for payment. If you sign up to a recurring payment method by way of direct debit, you grant Snapity and our payment provider, Windcave, a direct debit or continuous credit card or debit card authority in relation to payment of your periodic Listing Token top-ups.  You may unconditionally withdraw your consent to direct debit payments at any time by going to Settings on the Platform, but be advised that you are still obligated to pay any outstanding amounts due and payable to Snapity.

Please note that deleting the Platform or deleting the Snapity app does not terminate or cancel your recurring payment subscription. You must terminate or cancel your recurring payment subscription via the Platform (as indicated above).

Snapity does not provide refunds, once tokens are purchased, they will remain on the account for 61 month. After one month the token will expire.

12.       Buyers

Where you use or access the Platform to purchase Goods on a Listing, you acknowledge and agree to the following:

 

1. You should only purchase the Good under a Listing if you intend to purchase the Good at the price detailed in the Listing.  If you chose to purchase the Good under a Listing then it creates a legal contract between you and the Seller under which you agree to complete the purchase and pay for the Good.

 

2. If you purchase a Good under a Listing, we will provide your email to the Seller (and the Seller’s email to you) to allow the transaction to go ahead.  From this point it is up to you and the Seller to complete the transaction.

 

3. If you do not pay the Seller for a Good you have agreed to purchase under a Listing, then we reserve the right (at our discretion) to suspend or terminate your Snapity Membership without warning.

 

4. You acknowledge that the information provided on each Listing is based on material provided by the relevant Seller. Information about Goods on the Platform is based on material provided by the relevant Seller. Snapity is not responsible for any incorrect information provided by a Seller in a Listing and you must make your own enquiries to verify information provided on a Listing before electing to purchase the relevant Good.

 

5. Snapity is not responsible for the delivery of the Goods by the Seller once it has been purchased. Such arrangement (including the costs of the same) is between you and the Seller. If you chose to meet with the Seller or otherwise pick the Goods up from the Seller’s location, you do so at your own risk and acknowledge that Snapity is not responsible for any direct interactions between you and the Seller in connection with a Listing.

 

6. Some Listings may carry an age restriction. If a Listing is age restricted, you will be required to confirm that you are an appropriate age to purchase the relevant Good.  Confirming this means you represent to Snapity and the Seller that you are of an eligible age and that you are not purchasing the Good on behalf of a person who is not the appropriate age.

13.       Push Notification/Location [RLH6] [NJ7] 

You acknowledge and agree that we may provide you with emails, text messages, push notifications, alerts and other messages related to the Platform and your location, such as Listings near to your Location, offers, products and promotions. If you download our app to obtain access to the Platform, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from our app, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at our contact details noted below in this Agreement.

 

To make the above opportunities available to you, the Platform will determine your location using one or more reference points, such as GPS, Bluetooth and/or software within your mobile device. If you have set your mobile device to disable GPS, Bluetooth or other location determining software or do not authorise the Platform to access your location data, you will not be able to access such location-specific content, products, services and materials.

14.       Liability

To the fullest extent permitted by applicable law, you assume full responsibility for any loss or damage that results from your use of the Platform. In no event will Snapity, its affiliates, employees, licensors or service providers be liable for any damages,  direct, indirect, incidental, consequential, special, or punitive, including (without limitation) bodily injury, emotional distress, loss of data, income profit or goodwill, loss of or damage to property and claims of third parties, arising out of or resulting from:  (i) your access to or use of or inability to access or use the Platform, (ii) interactions with other users of the Platform, including the conduct or content of other Snapity Members (and users of the Platform) or third parties on, through, or following use of the Platform; or (iii) unauthorised access, use or alteration of your Member Content; whether for negligence, breach of contract, breach of statutory duty or otherwise.

15.       Indemnity

You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Snapity and its affiliates, officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses (including legal costs), arising out of, or relating in any way to: (i) your failure to complete a Listing transaction; (ii) your breach of this Agreement; (iii) any Member Content or materials you post or transmit via the Platform.  

16.       Third Party Services.

You acknowledge the Platform may contain advertisements and promotions offered by third parties and links to other web sites or resources. Snapity is not responsible or liable to you any relation to any dealings you have with such third parties. If you choose to interact with the third parties made available through the Platform, then you do so at your own risk and such engagement will be subject to the third-party’s terms. We are not responsible or liable for such third parties' terms or actions.

17.       Disputes

Snapity is not party to the transaction resulting from Listings on the Platform and disputes between parties in relation to a Listing are to be dealt with directly between the Seller and the buyer of the Goods under the Listing.  

 

However, if you require some assistance in dealing with the dispute, please contact us (on the contact details provided in this Agreement) and we will see what we can do to assist. 

 

If you have a dispute with Snapity in connection with the Platform and/or this Agreement, then please contact us (using the Snapity contact details provided in this Agreement) and we will endeavour in good faith to resolve the issue with you.

18.       General

1. 1. This Agreement is governed by and interpreted in accordance with the laws of New Zealand.

 

2. 2. You are responsible for ensuring you are familiar with the Agreement (and any updates to the Agreement).

 

3. 3. If any clause or part of any clause in this Agreement is in any way unenforceable, invalid or illegal, it is to be read down so as to be enforceable, valid and legal, if this is not possible, the clause (or where possible, the offending part) is to be severed from this Agreement without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses) which will continue in full force and effect.

 

4. 4. No failure or delay on the part of any party in exercising any right or power conferred upon Snapity pursuant to this Agreement will operate as a waiver of such power or right, nor will any single or partial exercise of any such power or right or any single failure to do so, preclude any other or future exercise thereof, or the exercise of any other power or right of Snapity under this Agreement.