1. TERMS AND CONDITIONS

Welcome to Trade Roots and www.rootsofrock.co.net  ,  www.rootsofrock.co.nz , www.rootsofrock.com.au , www.rootsofrock.co.uk (ROR) whose Terms and Conditions of use will be effective immediately upon placement of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended.

These terms and conditions were last updated on 11^th June 2010

1.3 Terminology: In these terms and conditions, the following expressions have the meanings set out:

“item”, “items” means goods, products, property or services that may be bought or sold through the auction or classified process;

“member” means a registered member of rootsofrock.co.nz and/or Trade Roots, and/or creating your own myrootspage;

“services” means any one or more of the services offered by rootsofrock.co.nz and/or Trade Roots from time to time, including oneline auctions, classified advertisements, display advertisements, message boards, discussion forums, sms alerts and any other service that rootsofrock.co.nz and/or Trade Roots may offer;

“we”, “us”, and “our” refer to rootsofrock.co.nz and/or Trade Roots, and/or myrootspage;

“you” and “your” are a reference to you;

“Website” means any rootsofrock.co.nz and/or Trade Roots website through which the services are offered;

“listing” means a listing on the website through which you offered to negotiate, buy, sell, or advertise any item or job, whether by an auction, display or classified means;

“seller” includes any person or entity placing a listing.

“ROR” means rootsofrock.co.nz, and/or Trade Roots, and/or myrootspage

“bid” means an offer via an auction or an acceptance to buy via an acceptable sales contract

2. Specific Warnings

2.1 The services: ROR provides a venue to introduce members who want to buy and sell items. ROR does not take any part in the sale of items other than by providing our Website as a venue for members. If a bid is accepted by a seller, a contract will be formed between the buyer and seller directly. We do not act as agent for either party and do not participate in any sale transaction including any payments, between you and other members, including where you use the credit card service. If you use the credit card service, we simply pass on payments made by one member to another. As a result, even though some of the services are being referred to as an auction, ROR is not an auction house (whether under the Auctioneers Act 1928 or otherwise).

2.2 At your own risk: Transactions and all contact between you and other members are conducted entirely at your own risk and you agree that ROR takes no responsibility or liability for any misconduct of its members including, without limitation members that have registered under false pretences or who are out to defraud you. ROR gives no undertakings, representations, warranties in relation to items sold or listed on the Website, including:

• about ownership of any item;
• as to the content, safety, description, worthiness, quality, legality of the items listed on the Website;
• as to the accuracy or truth of listings;
• that any item will meet your reqirements or expectations;
• about the ability of members to complete a transaction, including credit card transactions
• what the actual site traffic will be during any advertising, listing or sales period
• any member, person, business or entity electing to cancel an advertisement and/or listing during a specified purchased period, shall forfeit the payment paid for such advertisement and/or listing

2.3 Disclaimer: You expressly understand and agree that:

• your use of the services is at your sole risk. The Website services are provided on an “as is” and “as available” basis to the maximum extent permitted by law and without limit to clause 2.2, ROR disclaims and excludes all implied conditions or warranties, including, but not limited to all warranties of merchantability, fitness for a particular purpose and non-infringement;
• ROR does not warrant that i) the services provided are uninterrupted, timely, secure or error free, or ii) that any information (including feedback) provided on the Website is error-free or reliable;
• no advice or information that is obtained by you from ROR or anyone else shall create any warranty by ROR that is not expressly stated in the terms and conditions; and
• responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers’ own websites) reste solely with the advertisers. The placement of such advertisements on the Website does not constitute ROR recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisements; and
• while ROR may facilitate payment for some items by credit card, ROR is in no way involved in the transaction itself and responsibility for any refund rests with the seller.

2.4 Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of ROR to you or any other person under or in connection with these terms and conditions or in connection with the services, this Website, another Member’s acts or omissions, or your use of or inability to use, the services of this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. ROR’s 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.

2.5 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 use of ROR’s message boards, discussion forums, 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.

2.6 Breach: Without limiting any other rights and remedies available to ROR, ROR may limit your activities on the Website, remove your bids or listings, warn other members 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 ROR considers it appropriate.

2.7 Additional rules: In addition to the terms and conditions set out in this document, the Banned and Restricted Items list, Listing Policies, and Job Listing Policies form part of these terms and conditions.

3. Becoming a Member and/or creating your "myrootspage"

Becoming a Member: You can only register as a member if you can form a legally binding contract that is enforceable against you. For example you must be 18 years old. By registering as a member you warrant that you can form a legally binding contract. Corporations must also register as members, with free membership at the complete discretion of ROR.

Accurate Information: You warrant that you have provided complete, accurate, and current personal information when registering as a member. You must maintain and update your personal information held by ROR to ensure it is kept current at all times. ROR may phone or mail you to verify these details. You must not register as a member under multiple identities or personas (whether real or not) However at ROR’s discretion you may create a business membership in addition or instead of your personal membership.

Termination of membership: ROR reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, ROR may terminate your membership if a serious complaint or multiple complaints are received about you from other members that you breach these terms and conditions, if you impersonate another member, or if we, at our sole discretion, deem your behaviour to be unacceptable. Members who have registered under multiple aliases will have all their aliases disabled.

Security of your login information: You are responsible in keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:

• not to permit any other person to use your user name or membership; and
• not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow them access to your membership.

 Myrootspage: ROR reserves the right to place buying, selling and advertising links to third parties on any myrootspage at its sole discretion

4. General Rules

4.1 General

• All listings, bids or communications made through ROR shall be made in good faith.
• You must not damage, interfere with or harm the Website Services, or any network, or system underlying or connecting them, or attempt to do so.
• You may not use a robot, spider, scraper or any other automatic means to access the Website or information feature on it for any purpose.
• You shall not list your email address, phone number or any other contact detail within the description of listings, list comments and/or questions, in your member profile or in ROR message boards.
• Not with standing 4.1d above, you may enter your appropriate contact details in the relevant contact detail fields of the listing categories which specifically provide for those details. i.e CD’s, DVD’s, VINYL etc
• You must list auctions (when available) and classifieds in US (USA), Australia (AUD) or New Zealand (NZD) dollars, and include GST or appropriate local taxes in the price. All tax obligations are the responsibility of seller and/or buyer (as the parties determine).
• You must not complete a transaction outside of the ROR process or otherwise seek to avoid any ROR success fee if applicable. Attempts by you to avoid fees, including through multiple memberships, premature auction withdrawal or otherwise may result in ROR suspending or terminating your membership at the discretion of ROR.
• You must not use the Services or the Website to promote items for sale outside the Services.
• You are responsible for any actions taken through your membership. ROR memberships are not transferable therefore cannot be sold, leased, lent or traded

4.2 Your obligations as a seller

• Sellers must be able to accept payments into their local bank account from overseas sources as one of their available payment options.
• 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. You must list an item in one category only, which must be the most appropriate category for your item.
• 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. You will not sell out services.
• 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 are responsible for ensuring that the listing by you does not breach this clause 4.2 (d). You agree that ROR may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause 4.2 (d) at any time.
• You must ensure you own the copyright or are otherwise licensed to use any images you add to your listings.
• When you list an item for auction or sale on ROR, you should do so with the intention of selling this item through the site. Therefore you should not advertise your item through another forum. If you remove a listing for an auctions or sale you may incur a non-refundable withdrawal fee, regardless of the reason.
• ROR 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 unless this is part of a negotiated listing contract with ROR. You must not place multiple listings for a single item or job unless this is part of a negotiated listing contract with ROR.
• Your listing may only contain a URL for a website that contains further information on the item listed. This website must not offer any items for sale, or contain contact details unless this is part of a negotiated listing contract with ROR. You must not use ROR listings to promote a business website other than the one for sale in your listing unless this is part of a negotiated listing contract with ROR.
• 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.
• You must not manipulate prices through ghost-bidding or assuming multiple roles in a single transaction.
• For auctions, you must sell to the highest bidder if the reserve price is met. You must only sell to a bidder who is not the highest bidder after reasonable attempts have been made to contact the highest bidder without success.
• For classifieds you may choose to sell to any buyer at your discretion.
• Listings are not pre-screened for content. ROR reserves the right to remove any listing that it deems unsuitable and in breach of the terms and conditions.
• Your listing will only contain items or services that are relevant to the music industry and in particular, the promotion of roots music. ROR reserves the right to refuse or remove any listing that it deems unsuitable.
• You agree to your email address being forwarded to the buyer when your auction or sale period has closed successfully.
• You must promptly forward the listed item to the successful buyer on completion of the payment transaction.
• You must not charge unreasonable amounts for shipping and packaging costs.
• The sale of CD’S, Films, Videos, DVDs, VCDs, CDROMs, Laser Discs and Downloads must be restricted to content pertaining to the music industry. You agree to notify any classification restrictions pertaining to the sale or promotion on the Website any item covered in this clause 4.2(s) that is required by law to be classified.

4.3 Your obligations as a buyer

• Your bids are not retractable once an auction closes or you have agreed to the seller’s price. You must only place a bid if you intend to buy the relevant item at the bid price entered. Reasonable allowances should be made by you for delivery charges and exchange rates, where applicable.
• If you are notified that your bid has been successful, you must complete the transaction in the manner specified. By making a bid, you warrant and represent that you have the legal capacity to enter into and complete the transaction.
• You must make full and prompt payment for any item you buy.
• You agree to your username and the amount of your bid to be publicly shown on the ROR website. You also agree to your email address being supplied to the seller when you complete an auction.
• If your bid is successful and you do not pay for an item you will receive a warning from ROR if the seller complains about you. After 3 such complaints, ROR may suspend and/or terminate your membership.
• You may not bid on an auction that has been listed by another member, flatmate, friend or any member that is known to you, in order to raise the price of that auction.

4.4 Feedback

• Feedback you provide on other members must not contain offensive, defamatory or inappropriate language. ROR reserves the sole right to determine what is considered offensive, defamatory or inappropriate language.
• You may only give member feedback that relates to a specific transaction. You must not post feedback on a transaction that does not relate to that specific transaction.
• You must not post feedback about yourself or include another’s contact details or personal information in your feedback.
• Feedback is provided for the sole purpose of facilitating trust between members on the ROR website. You must not market or export any feedback to any other venue other than the ROR Website. Linking to your ROR feedback from other buying and selling websites of any kind, will be considered a breach of our terms and conditions.

5.0 Fees and Accounts

5.1 ROR Advertising, Listing Fees and Success Fees (when appropriate)

• ROR charges fees for the use of the Website as a vehicle for advertising items by corporations and businesses wishing to promote their products and specifically through Trade Roots for members wishing to buy and sell items, and membership fees (as and when advised. As at 11th June 2010, membership fees are free until 11th June 2013, when this policy will be reviewed).
• The fees charged for these are listed under the relevant sections.
• ROR does not charge a success fee, only a listing and/or advertising fee.
• Any non-commission listing and/or advertising fees are charged and payable at the time of listing and/or advertising and are non refundable.
• ROR reserves the right to change the fees charged for any of our Services at any time. In the event that we introduce a new service, the fees for that service are effective at the launch of the service, unless otherwise stated.
• If you are a New Zealand resident, then all fees are including GST (unless stated otherwise) and are in New Zealand dollars and if you are an Australian resident then all fees are including GST (unless stated otherwise) and are in Australian dollars; all other country’s residents fees are in US dollars, unless otherwise stated. Unless otherwise stated in these terms and conditions, interest and other financial charges will be charged to ROR account balances when and if applicable.
• Before listing an item for selling and/or advertising, you should be aware of the fees that ROR is charging.
• All payments must be made in advance and in full, unless otherwise negotiated, prior to insertion
  

5.2 ROR Accounts

• Unless otherwise negotiated, ROR does not maintain credit accounts for members

6.0 General Provisions

6.1 System Integrity: ROR will use its reasonable endeavours to ensure the availability of the Website and Services subject to any downtime required for maintenance. However, ROR takes no responsibility for any system unavailability or for any loss that is incurred as a result of Website or Services being unavailable. Furthermore, ROR assumes no responsibility for the corruption of data or information held by ROR.

6.2 Resolution of disputes: As ROR is not a party to any sale or transaction between you and another member, you agree not to involve, or attempt to involve, ROR in any dispute or in the resolution of disputes that arise between you and another member as a result of the Services provided.

6.3 ROR Message Boards, Blogs and Discussion Forums: ROR provides Message Boards and Discussion Forums for the use of ROR members. The Message Boards and Discussion Forums are not to be used to promote auctions, websites or any other commercial activity. ROR is not responsible for any of the opinions expressed in the Message Boards or Discussion Forums. By posting a message to the Message Board or by taking part in a Discussion Forum, you agree to take full legal responsibility and liability for your comments, including for offensive and defamatory statements.

6.4 Force Majeure: Without prejudice to clause 2.3(a), ROR has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of ROR to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of ROR.

6.5 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.

6.6 Partial Invalidity: If any 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 separated from the remaining terms and conditions, which shall continue in force and effect.

6.7 Governing Law: These terms and conditions are governed by the laws of New Zealand. You submit to the jurisdiction of the Courts of this Country.

6.8 Intellectual Property Rights: ROR (and its Licensors, Suppliers, as the case may be), owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, video and sound recordings) and the software and other material underlying and forming part of the Services and Website.

• You may not without our prior written, in any form or by any means :
  i. Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
  ii. Commercialise, copy, or on-sell any information, or items from any part of this Website

6.9 Entire Agreement: These terms and conditions supersede any previous conditions, understandings, commitments,agreements, representations whatsoever whether oral or written and constitute the entire agreement between the two parties, which relates to the subject matter of these terms and conditions.

6.10 Privacy: During the course of transactions ROR collects Personal information about you through your use of the Services and Website, including but not limited to, your registration details and information relating to your use of the Website and the areas you access. You agree that ROR may use this personal information to assist us in providing the Services to you and in internal research purposes, to verify your identity, for promoting and marketing other ROR Products and Services to you, and for any other use that you authorise. You agree to your membership’s trading history being published in any feedback.We will not sell or allow third parties to access your personal Information without your consent. Any information released will be only where we believe we must comply with the law, protect our rights or property, or enforce or apply the terms and conditions.

Our privacy policy can be reviewed here.