Terms and Conditions of Use
Acceptance of Terms
This licence is an agreement between you and Refur Limited. This Agreement shall be governed by and construed in all respects in accordance with New Zealand Law.
All transactions on the refur.com website are in United States Dollars.
BY “SUBSCRIBING”, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Refur Limited reserves the right to modify these terms at any time, without prior notice or consultation with users.
Subject to the terms set forth in this agreement, you may use the The Refur.com Website System (hereinafter “The System”). You may not modify ‘The System’ or distribute it to a third party. ‘The System’ contains code that limits its functionality. You may not enable the restricted functionality. You may not de-compile, reverse engineer, or unlock the ‘The System’.
‘The System’, documentation and related materials are owned by Refur Limited and protected by copyright law and international treaties. You may not copy, sublicence, rent, lease, distribute or transfer ‘The System’ to others.
Disclaimer of Warranties
THE SYSTEM AND RELATED MATERIALS ARE PROVIDED AS IS, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, PERFORMANCE, FITNESS FOR ANY PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OF THE SYSTEM REMAINS WITH YOU.
Limitation of Liability
Refur Limited shall not be liable for direct, indirect, incidental, special, consequential, or exemplary damages resulting from the use of The System, including but not Limited to, loss of use, unauthorised access, alteration of transmissions or data, business interruptions, damages for loss of profits, goodwill, use, or other intangible losses, regardless of whether Refur Limited had advance notice of the possibility of any such damages.
You agree to indemnify and hold Refur Limited, its affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable legal fees arising out of your use of The System.
In order to use The System, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telephony fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
Access to The System will be provided to you, once you have accepted these Terms, paid the subscription fee and completed the registration process. Your use of The System in any manner, which is prohibited by these Terms, may result in termination or suspension of The System. You are responsible for maintaining the confidentiality of your account login details including all usernames and passwords, and are fully responsible for all activities that occur under your account.
We reserve the absolute right to suspend, terminate, or modify, for any or no reason, any username and/or password provided to you for use with The System. If you have any support enquiries concerning The System you should contact Refur Support by email to [email protected] If you have any billing enquiries you should contact the Refur Limited by email to [email protected]
You unconditionally agree:
– to provide true, accurate, current and complete information about yourself as prompted by The System’s registration form (such information being the “Registration Data”) and
to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Refur Limited has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Refur Limited has the right to suspend or terminate your account and refuse any and all current or future use of The System (or any portion thereof);
– to notify us promptly by e-mail to [email protected] if you suspect unauthorised use of The System. Until (and after) you notify us, you remain responsible for such unauthorised use;
to provide accurate and complete registration information (including, but not Limited to, your name, postal or e-mail address and phone number) and to promptly report any changes in such information to us;
– that you are responsible for providing and maintaining all computer equipment and software necessary for you to access The System;
– not to resell, remarket, or otherwise redistribute any portion of The System;
– to comply with all applicable laws, regulations, or conventions, including, but not limited to, those related to child pornography, gambling or gaming, obscenity, securities, intellectual property rights, data privacy, import/export of data and taxes, or misleading or deceptive conduct;
You warrant that by registering for and continuing to use The System that you are of legal age and capacity.
Notices to you may be made via either email or regular mail. The System may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on The System.
You should send all written notices relating to The System either to the following postal address:
Refur Limited, PO Box 9234, Waikato Mail Centre, Hamilton, New Zealand 3240 or by email to [email protected] or by telephone 07 834 1335
Refur Limited is registered at 178 Wallace Road, Hamilton, New Zealand – no visitors seen without prior appointment made via above contact methods.
You acknowledge that you are responsible for ensuring that any notices you send to Refur Limited are received by Refur Limited. If any time limits apply to the period of notice under the Terms you are responsible for meeting such time limits.
You acknowledge that all information, data, text, messages and other materials (‘Content’), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Refur Limited, are entirely responsible for all Content that you upload, save, store or otherwise transmit via The System.
Refur Limited does not control the Content posted via The System and, as such, does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using The System, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Refur Limited be liable in any way for any Content, including, but not Limited to, of any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, or otherwise transmitted via The System.
You agree to not use The System to:
– upload, post, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
– harm minors in any way;
– impersonate any person or entity, including, but not Limited to, Refur Limited official, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through The System;
– upload, post, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
– upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
– upload, post or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
– upload, post, or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
– interfere with or disrupt The System or servers or networks connected to The System, or disobey any requirements, procedures, policies or regulations of networks connected to The System;
– intentionally or unintentionally violate any applicable law or regulation including, but not Limited to, regulations promulgated by any securities exchange.
You acknowledge that Refur Limited does not pre-screen Content, but that Refur Limited and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via The System. Without limiting the foregoing, Refur Limited and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Refur Limited or submitted to Refur Limited in any and all parts of The System.
You agree that Refur Limited may access, preserve, and disclose your account information and Content:
– For the purpose of properly administering your account in accordance with the standard operating procedures of Refur Limited
– if required to do so by law or in the good faith belief that any such access, preservation or disclosure is reasonably necessary to:
– comply with legal process;
– enforce the Terms;
– respond to claims that any Content violates the rights of third-parties;
– respond to your requests for customer service; or
– protect the rights, property, or personal safety of Refur Limited, its users and the public.
You acknowledge that the technical processing and transmission of The System, including your Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Refur Limited reserves the right to terminate your access to some or all parts of its Service if you withdraw your consent in this paragraph at any time.
Modifications to The System
Refur Limited reserves the right to modify or discontinue, temporarily or permanently, The System at any time with or without notice. Refur Limited shall not be liable to you or any third party for any modification, suspension or discontinuance of The System.
Term of Subscription
Unless otherwise stated, the subscription term shall be one year, prepaid in advance by credit card payment through the refur.com website.
Refur Limited may immediately terminate this agreement if you fail to comply with any of the above provisions. Upon termination, you will no longer have access to the system and / or any of the data you have inputted to it.
Subscribers may choose to cancel their subscription at any time. No refund of any part of the subscription fee is repayable if you choose to cancel your subscription.
Refunds will be given at the discretion of Refur Limited Management.
This Agreement constitutes the entire agreement and understanding between the parties and supersedes any prior agreements, representations or understandings, whether oral or written, relating to The System.