TERMS OF TRADE

Terms and Conditions of Trade and Use of Services

General

• NZRELO.COM.AU PTY. LTD. ACN 601 392 661 (NZRelo) is a company, located in Australia, that provides a complete one stop shop website catering to New Zealanders living in Australia or for those who want live in Australia, move to Australia or are planning to move home. NZRelo bridges the gap by connecting people with homes to live in, products they need for their new home, jobs for a stable income, forums, classifieds, information on events and promotions, goods, event ticket sales, resourced information about living in Australia and much, much more.
• NZRelo provides various services via its website. These services may be changed from time to time without notice. Some of those services, include but are not limited to a forum, classifieds, employment related services, real estate services, event and promotion information (Services). The website can be accessed nzrelo.com.au (Website).
• NZRelo also sells various goods via its Website. These goods include but are not limited to merchandise, entertainment ticket purchasing and any other goods advertised on the Website from time to time (Goods)
• To access, use or advertise via these Services or to purchase Goods you will need to create an account with NZRelo (Account). You as the Account holder (Account Holder) are solely liable for this Account, its use, its security and anything done in connection with that Account.
• These terms and conditions apply to all contracts for trade between NZRelo and:
  • Individuals who register an Account with NZRelo and purchase goods and/or purchase Services via the Website, or who advertise on the Website in their personal capacity for domestic purposes (User); and/or
  • Businesses, sole traders or individuals who register an Account with NZRelo and advertise and/or provide Services via the Website (Providers).
• These terms and conditions will prevail over any terms and conditions, representations, or understandings between NZRelo and Users and Providers in relation to goods or Services offered via the Website.
• These Terms and Conditions of Trade are in addition to NZRelo Terms and Conditions of Use of the Website which can be found here.
• These Terms and Conditions of Trade are in addition to the NZRelo Privacy Policy which can be found here.
• As a User or Purchaser, you agree to be bound by these terms and conditions; if you do not agree, do not use the Website, the Services or be a Provider or User.
• If you have questions or concerns regarding these terms and conditions, you should first contact NZRelo on admin@nzrelo.com.au.

Orders for Goods, Tickets or Services

• NZRelo reserves the right to accept or decline, in whole or in part, any order for Goods, Tickets or Services placed by a User.
• NZRelo reserves the right to accept or decline, in whole or in part, any request for advertising or provisions of Services by any Provider.
• After ordering online for Goods, Tickets or Services, you will receive an email confirmation from both NZRelo and eWAY our Payment Gateway provider.
• All orders for Goods, Tickets and Services will be delivered and dispatched in accordance with the delivery terms set out in Clauses 41 to 52 below.
• Unless otherwise agreed by the NZRelo and the User, any orders received for Goods out of stock will be placed on backorder. All backorders will be charged at the price prevailing at the time of the original order. NZRelo will not be liable for any loss of damage that the User may suffer as a result of Goods being out of stock.
• Any backorders will be delivered in accordance with the NZRelo standard delivery terms which are set out in Clauses 41 to 52 below.
• If NZRelo are unable to provide you with the Goods you have ordered you will be entitled to a refund.
• All prices are inclusive of Goods and Sale Tax (GST) and any User and/or Provider is liable to pay the applicable amount of GST at the same time that payment for the Goods is made.
• The prices, and description of the Goods, Tickets and/or Services are subject to change by NZRelo at any time at the absolute discretion of NZRelo.
• NZRelo is a third party agent only for event/concert/gig promoters. NZRelo connects people who want to buy tickets with the people promoting the concert/gig/event only. NZRelo strictly disclaim and deny any liability for the the conduct, quality, duration, provision or organization of any event/gig/concert and only facilitates the purchase of tickets. Any customer concerns need to be raised directly with the event/gig/concert provider who have indemnified NZRelo against any losses.

Orders for Commercial Advertising

• Advertising means commercial or personal sale classifieds, listing for real estate (buying or rental), general classifieds, for sale advertisements or employment (or related services) advertisements.
• Providers can purchase, via the Website, either a one off advertisement or a subscription for the NZRelo Website to enable them to advertise their Services and/or Goods on the Website.
• Purchases of One-Off Advertisements or Subscriptions are unlimited and you can buy as many as you wish and advertise on the Website for any period of time. It is a condition precedent that you have a current Subscription and that you are not in breach of the Terms of Advertising.
• After ordering a One-Off Advertisement Monthly Subscription or Yearly Subscription, you will receive an email confirmation from both NZRelo and eWAY our Payment Gateway provider.
• At all times, advertising on the Website must comply with the Terms of Advertising set out in Clause 71 below.
• The subscriptions will be valid for:
  • 30 calendar days for a monthly subscription (Monthly Subscription); and
  • 365 calendar days for a Yearly Subscription (Yearly Subscription).
• Your Subscription will expire at midnight, Western Standard Time, on the 30^th or 365^th day of the subscription time period, whichever is applicable to the Subscription you purchased.
• All orders for Monthly Subscriptions and Yearly Subscriptions will be valid and ready for use within 24 hours of your order being received by NZRelo.
• The Monthly Subscriptions or Yearly Subscriptions (Subscription/s) will allow a Provider to advertise on the NZRelo Website for as long as their Subscription remains valid.
• A Provider will login to the Website as the Account Holder and may advertise on the Website. This means that your advertisement will be immediately published on the Website by you. You should check the spelling and grammar is correct and also the accuracy of the advertisement you are publishing.
• NZRelo reserves the right to accept or decline, in whole or in part, any order for One-Off, Monthly Subscriptions or Yearly Subscriptions by a Provider.
• NZRelo reserves the right, at its sole discretion, to accept, decline, delete or un-publish, in whole or in part, any advertisement by any Provider.
• As the Provider, you must indemnity NZ Relo from any and all claims and any loss or damage suffered by a User or the general public in relation to false, misleading, untrue, partially true, inaccurate, illegal or improper advertisements for Goods or Services which you publish.
• NZRelo will at all times and in good faith endeavor to provide you with the full time period of your Subscription, however, NZRelo does not warrant that it can or will continue to honor the remaining time on your Subscription due to events beyond its control such as crashes of the Website, telecommunications outages, insolvency or liquidation of NZRelo or any other associated service provider. You purchase a Subscription at your own risk.

Personal Advertising

• Users who are Account Holders can advertise on the Website for personal and domestic related goods in the For Sale section.
• Personal and domestic nature means the advertising of things which are not related to business and are personal in nature and are for domestic purposes such as advertising for a house mate, selling your car or white goods, advertising a lost pet etc.
• A User will login to the Website as the Account Holder and may advertise on the Website. This means that your advertisement will be immediately published on the Website by you. You should check the spelling and grammar is correct and also the accuracy of the advertisement you are publishing.
• NZRelo reserves the right to accept or decline, in whole or in part, any personal advertising by a User.
• In its sole discretion NZRelo may determine if your advertising is business or personal in nature. If NZRelo determines that your advertising is business in nature your advertisements can be deleted and you must purchase a Subscription in order to continue advertising.
• If you do not purchase a Subscription when you are instructed to do so by NZRelo, your Account may be deleted and you may be banned from the Website. You will not be allowed to post any further advertisements.
• NZRelo reserves the right to accept or decline, in whole or in part, any advertisement posted by a User.

Delivery of Goods/Tickets

• NZRelo will endeavor to dispatch all standard orders for Goods with 14 business days of the order being received and paid in full by the User, however it will not be responsible for any loss or damage associated with Goods being dispatched outside of this time period.
• For the purchase of entertainment and or event tickets – dispatch time for electronic tickets is within 48 hours of payment being received from the User and for paper tickets (Tickets), within 10 business days of payment being received from the User.
• The actual time for delivery time of the Goods/Tickets will depend on the manner of delivery chosen by the User at the time of purchase, however, generally you should receive your Goods within 14 days of dispatch.
• Any time or date named and accepted by NZRelo for completion, delivery and dispatch is an estimate only and does not constitute a representation, or a term of the contract, nor shall it be part of the description of the Goods and is not an essential term of the contract.

Delivery of Services

• NZRelo engages third parties to provide the Services. Therefore, it will not be liable for the completion date for Services beyond its control.
• Despite this, typically you can expect the following time frame for delivery of Services:
  • For resume and related recruitment services – within 14 days of your order and payment being received by NZRelo.
• NZRelo will endeavor to deliver the Services within the times set out above however it will not be responsible for any loss or damage associated with Services being delivered outside of this time period.
• Any time or date named and accepted by NZRelo for completion, delivery and dispatch is an estimate only and does not constitute a representation, or a term of the contract, nor shall it be part of the description of the Services and is not an essential term of the contract.

Delivery of Subscriptions

• Your Subscription will be valid and ready for use within 24 hours of purchase online.
• Any advertising published online by any Provider such as classifieds, jobs, employment related services, real estate services, event advertising etc. will be immediately published on the Website save for when there are technical issues with the Website in which case the advertisement will be published online as soon as the Website is repaired and active.
• NZRelo will endeavor to deliver Subscriptions within the times set out in above however it will not be responsible for any loss or damage associated with Subscriptions being delivered outside of this time period.
• Any time or date named and accepted by NZRelo for completion, delivery and dispatch is an estimate only and does not constitute a representation, or a term of the contract, nor shall it be part of the description of the Subscription and is not an essential term of the contract.

Payments

• NZRelo uses the eWAY’s Payment Gateway for its online credit card transactions and by completing a transaction the User and Purchaser is deemed to be aware of and have accepted the terms and conditions of use of the eWAY Payment Gateway. Your complete credit card number cannot be viewed by NZRelo or any outside party.
  • All transactions are performed under 128 Bit SSL Certificate.
  • All transaction data is encrypted for storage within eWAY’s bank-grade data centre, further protecting your credit card data.
  • eWAY is an authorised third party processor under these terms and conditions.
  • eWAY at no time holds your funds; all monies are directly transferred from your credit card to the merchant account held by NZRelo.
  • For more information about eWAY and online credit card payments, please visit eWAY.com.au

Refunds and Returns

• Refunds will only be provided if NZRelo does not provide you with the Good/s you have paid for.
• Any returns or exchanges of Goods can only be accepted if you can provide the proof of purchase. Proof of Purchase can be established by your payment receipt or your order confirmation.
• Any returns or exchanges for Goods require that the Good you are exchanging is in saleable condition, has the original tags attached and has not been worn or used in anyway. It must be in its original packaging and ‘as sold’.
• It is your responsibility to pay for the cost of returning the item to NZRelo. As a gesture of good will, NZRelo will pay the cost of posting you the goods on the second occasion.
• There is no refund, return or credit for One-Off Advertisements, Subscriptions or Services.
• There is no refund, return or credit for event tickets even if they have not been used. Purchases and full and final.

Indemnity

• Providers, Users and Account Holders agree to indemnify and hold NZRelo harmless from and against all liabilities, losses, damages, costs or expenses incurred or suffered by NZRelo and from and against all actions, proceedings, claims or demands made against NZRelo, arising:
  • As a result of anything improper or illegal done in connection with the Goods or Services or the holding of an Account or by advertising through the Website.
  • As a result of the Users or Providers failure to comply with any laws, rules, standards or regulations applicable in relation to the Goods, the use of the Goods, the Services or use of the Services.
  • Providers, Users and Account Holders agree to indemnify and hold NZRelo harmless from and against all liabilities, losses, damages, costs or expenses incurred or suffered by NZRelo and from and against all actions, proceedings, claims or demands made against NZRelo, arising:
  • As a result of any other negligence or other breach of duty by the User or Provider in connection with the Goods or Services.
  • As a result of any breach of these terms and conditions by the User or Provider or its agents or employees.

Applicable Law

• The agreement and the relationship between the parties and NZRelo shall be governed by the laws of Western Australia and the parties submit to the non-exclusive jurisdiction of Western Australia.

Applicability of Terms

• These terms and conditions, as may be varied from time to time at the sole discretion of NZRelo and displayed on the NZRelo Website, apply to the relationship between NZRelo and people who buy, provide or access services on the NZRelo Website. Purchase of Goods or Services and use of the Services is conditional upon acceptance of and compliance with these terms and conditions, as they apply from time to time.
• Any specific conditions, notices, variations and disclaimers whether incorporated currently or given in the future need to be carefully read as acceptance of these terms and conditions will be confirmation that they have been read and understood.

Notices

• Any notices given in relation to these terms and conditions must be in writing and signed by an authorised person of the sender.
• Notices must be transmitted by email to admin@nzrelo.com.au
• A notice is deemed to be served “at the time of dispatch” within the meaning of section 13 of the Electronic Transactions Act 2001 (WA).

Waiver and Barr to Proceedings

• The failure of NZRelo to exercise or enforce any right or provision of the agreement shall not constitute a waiver of such right or provision. The User or Provider agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of the use of the service or the agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Dispute

• If any dispute arises under this agreement or in connection with anything to do with the subject matter of these terms and conditions, such dispute must first be the subject of a mediation between the parties before a mediator agreed between the parties or otherwise appointed by the Institute of Arbitrators and Mediators Australia. The good faith participation in the mediation is a pre-condition of any litigation, except for applications for urgent, summary or injunctive relief.

Liability

• NZRelo is not liable for any damages whatsoever (including special, indirect, consequential, or incidental damages or damages for loss of profits, revenue, or loss of use) arising out of or relating to the Website or the information contained therein or the Goods/products it supplies, or the Services it provides whether such damages arise in contract, in tort, in equity, under statute, at law or otherwise.

Entire Agreement

• This agreement constitutes the entire agreement between the parties and supersedes any prior or contemporaneous agreements, statements, understandings, or representations concerning its subject matter.

Severability

• If any part of this agreement is legally declared invalid or unenforceable, that part shall be severed from the remainder which will remain valid and enforceable.

Terms of Advertising

• By advertising on the Website either via your Subscription or for Personal Advertising you agree to abide by the following conditions of use:
  • Advertising must be for a product or service you own and/or operate;
  • Advertising of goods must be proper and lawful;
  • You cannot advertise goods that are stolen or received from another person who you reasonably suspect may have stolen the goods;
  • Advertisements must be a true reflection of the good/job/service/event you are advertising. You as the Account Holder, the Provider and the Subscription holder are responsible for the veracity and the accuracy of your advertisement.
  • You are not permitted to post or advertise any threatening, abusive, defamatory, obscene, illegal, prohibited or indecent material;
  • You are not permitted to post or advertise in any manner that might be considered by a reasonable person to be false or misleading;
  • You are not permitted to post or advertise in any manner that might infringe any third-party right;
  • You are not permitted to post or advertise or distribute or send advertisements or messages or other communications that contain spam, chain letters, or pyramid schemes;
  • You are not permitted to post or advertise or distribute viruses or any other technologies that may harm or cause loss or damage to NZRelo, the Providers or Users.
  • You are not permitted to impose an unreasonable load on our infrastructure or interfere with the proper working of the Website or the provision of our Services.
  • You are not permitted to post or advertise copy, modify, or distribute any other person’s content without their express written consent;
  • You are not permitted to post or use any robot spider, scraper or other automated means to access the Website and collect content for any purpose;
  • You are not permitted to harvest or otherwise collect information about others, including email addresses, telephone numbers etc;
  • You are not permitted to post or advertise bypass measures used to prevent or restrict access to the Website.
• A breach of any one or all or any part of these Terms of Advertising can result in NZRelo in its sole discretion, banning and/or blocking a User or Provider. If you have paid for a Subscription and you are found to be in breach of these Terms of Advertising and banned from the Website, you are not entitled to return of your remaining Subscription fee.
• Any determination by NZRelo that there has been a breach of the Terms of Advertising is full and final and is not appealable in any way.

Questions, Complaints, Comments

• Any queries, questions, complaints or comments about these terms, advertising, subscriptions, accounts, services or the website should be directed to admin@nzrelo.com.au. We will endeavor to reply to your query within 2 working days.