- 1 SCOPE OF AGREEMENT
The usage of NINE90 is bound by the TOU. Failure to comply with any of the stipulated terms in this agreement may result in the suspension or termination of your account, and in some instances legal actions if required.
- 2 OBJECT OF AGREEMENT, RIGHTS OF THIRD PARTIES
- 2.1 The NINE90 website is an internet platform where users can post and respond to classified ads. Users are solely held responsible for the content they submit on NINE90, as well as any consequences that arise from doing so.
- 2.2 NINE90 is not involved in any transaction, contract and/or arrangement that might occur between and among users and third parties. The conclusion of such transactions, contracts and/or arrangements remain the business of the users and the third party.
- 3 USER INFORMATION AND REGISTRATION, PURPOSE OF ADVERTISEMENT(S)
- 3.1 The usage of NINE90 services is essentially available for everyone. A user registers on NINE90 by filling out the provided online registration form, and by doing so swears that the information provided is accurate and true. The registration progress is complete when the account becomes active. The user is obligated to promptly inform NINE90 of any changes to their account information.
- 3.2 The user may resign from this agreement at any time. Sending an email to the Customer Support Team through the contact form should suffice. NINE90 reserves the right to a grace period of 14 days before terminating the agreement. Blocking an account remains the right of NINE90, as stated in clause 4.3.
- 3.3 An entry on NINE90, referring to a classified ad, can only materialize/be published online via the following methods:
- • NINE90 confirms the entry through an email, or
- • NINE90 implements the entry and publishes it online.
- 3.4 NINE90 reserves the right to refuse a user’s classified ad entry under certain circumstances. This applies when the content of a classified ad goes against this agreement, violates laws and local authority regulations, contravenes good intentions, morals and customs or when NINE90 is used for unsuitable purposes.
- 3.5 NINE90 reserves the right to delete the accounts of non-registered users as well as registered users whose account(s) has/have been inactive for the past 6 months.
- 4 ACCOUNTABILITY FOR ADVERTISING CONTENT AND TRUTHFULLY-SWORN STATEMENTS/INFORMATION
- 4.1 The user is legally and solely responsible for the content of the advertisement(s) placed on the NINE90 website. The user is obliged to provide complete, true and certified correct information about their person, contact details, business details (if applicable) and must provide sufficient descriptions in regard to the advertisement being placed. The user agrees to place their advertisement under the correct category within the website. NINE90 reserves the right to move advertisements to a more appropriate category. The user is obliged to comply with the NINE90 TOU and is expected to adhere to these terms when interacting with other NINE90 users. The placement of duplicate/similar ads on the website is prohibited. Business owners offering items and services are obliged to inform consumers about consumer rights and the rights of withdrawal/cancellation, should this apply.
- 4.2 The user is not allowed to post content on the NINE90 website that breaches this agreement, applicable rights and/or third party rights.
Prohibitions for the NINE90 user include:
- • Violating the law or going against the Prohibited Policy
- • Conducting business in a dishonest and/or deceptive manner
- • Violating the rights of the third party
- • Spamming and posting chain letters
- • Using virus(es) and other technical items that may cause damage to NINE90 or the interest of the users of NINE90
- • Causing excessive burden on the NINE90 infrastructure and the smooth running operations of the NINE90 website
- • Copying, duplicating, modifying or distributing the content of other advertisements
- • Collecting information from other users such as email addresses from the site itself, or from other users without the approval of the user
- • Bypassing measures that serve to limit and/or prevent access to NINE90
- • Content that is abusive, libelous, defamatory, that promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender identity or sexual orientation or is otherwise objectionable in NINE90 reasonable discretion.
- 4.3 NINE90 has the right to block, delete or freeze advertisements, accounts or memberships that are deemed to contain prohibited content (refer to 4.2). NINE90 also has the right to warn the user and freeze their account for a certain period of time or permanently and to resign from the agreement/contract. In this process NINE90 gives due respect to the legitimate interest of the user. Users’ claims, e.g. for reimbursement for already paid items/services will not be honored when the Prohibited Content Policy is breached.
- 5 INDEMNIFICATION/EXEMPTIONS
NINE90 users are obliged to release NINE90 from any claims or lawsuits brought forward by other NINE90 users or third parties who have been in any way affected by an advertisement’s content. NINE90 users must shoulder any costs/claims arising from lawsuits directed at NINE90, including all legal and juridical costs.
- 6 DUES/FEES
- 6.1 The usage of the NINE90 website is essentially free of charge. However, NINE90 reserves the right to charge fees for special services and site features as well as the publication of online advertisements under specific/certain categories on the site.
- 6.2 All fees shall be reflected and charged in the respective currency for each country. NINE90 reserves the right to charge in other currencies for technical reasons.
- 6.3 Each and every fee shall be due for immediate payment and shall be paid for/settled using the different methods of payment offered on the website. Costs that may arise from aborting the payment collection shall be shouldered by the user and not NINE90.
- 6.4 The user shall be informed about new invoices via an email that provides a link to the user’s “My Account profile” account. The invoice(s) can then be downloaded from this page. NINE90 ensures the protection of the user by sending these emails only to the registered email address on NINE90.
- 6.5 The services are provided exclusively to commercial businesses, declaring their consent to tax liability – limited to the Value Added Tax (VAT/GST/Sales Tax). The recipient must be registered for VAT, GST, Sales Tax. With the conclusion of the contract, the recipient of the services agrees, that the VAT, GST and Sales Tax on a taxable supply is payable by the recipient and not by the supplier. The recipient is responsible for the timely application of the Tax (VAT, GST, Sales Tax).
- 6.6 In the event of delayed payments for these services, NINE90 reserves the right to suspend the execution of the said service(s) and restrict the access of the user until the amount due has been paid.
- 6.7 NINE90 reserves the right to change/modify the fees for services associated with premium features on the website without prior notice.
- 7 ADVERTISEMENTS WITH PREMIUM FEATURES
NINE90 users may purchase premium features for their advertisements. Should the user choose to delete the advertisement before the purchased time frame has lapsed, this revokes the right of the user to retain or reuse the rest of the “unused” purchased time. NINE90 does not reimburse the user for any portion of a discounted premium feature/service.
- 8 PREMIUM ACCOUNTS
In addition to the free NINE90 account, users have the option to purchase a Premium Account and select from multiple plan durations. Upon the deletion of an account before its selected duration has passed, the remainder of the Premium Account’s duration is forfeited. The price of the already paid Premium Account will not be reimbursed.
If the user opts for the automatic renewal of a Premium Account, the account’s duration will automatically renew according to the originally selected duration of either 3, 6, or 12 months. Promotions, such as free added months to the account’s duration by purchasing within a particular period of time, are not carried over upon automatic renewal.
- 9 PUBLICATION OF ONLINE ADVERTISEMENT(S) ON RELATED INTERNET PLATFORMS OWNED BY NINE90
NINE90 reserves the right to republish advertisement(s) on NINE90 and on other websites owned by NINE90.
- 10 MODIFICATION OF ADVERTISEMENT CONTENT
- 10.1 The NINE90 user may at any time modify or delete their advertisement.
- 10.2 The NINE90 user has the right to demand the removal or deletion of the user’s own ads from the website. NINE90 shall be ready to comply with this request immediately. However due to technical reasons, this usually takes a period of up to 24 hours.
- 11 LIABILITY LIMITATIONS
- 11.1 The user agrees not to hold NINE90 responsible for things other users post or do. As most of the content on NINE90 comes from other users, NINE90 does not guarantee the accuracy of postings, user communications or the quality, safety, or legality of what’s offered. Continuous or secure access to NINE90 services cannot be guaranted. To the extent legally permitted NINE90 expressly disclaims all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. NINE90 is not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising from the usage of the NINE90 website, even if NINE90 has been advised or could have reasonably forseen the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to the user.
- 11.2 Despite the previous paragraph, if NINE90 is found to be liable, the liability to the user or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees the user paid to NINE90 in the 12 months prior to the action giving rise to liability, or (b) 100 NZD.
- 12 MISCELLANEOUS
- 12.1 The transfer of rights and obligations of NINE90 users to third parties requires the approval of NINE90.
- 12.2 The disclosure of login details and passwords to third parties, including NINE90 users, is prohibited.
- 12.3 If the customer/user is a merchant or a legal entity of public law or constitutes special funding under public law, the place of jurisdiction is agreed upon to be in Auckland, New Zealand.
- 12.4 The legal relationship between NINE90 and the NINE90 user is subject to the rights of the New Zealand constitution to the/with the exclusion of the New Zealand consumer rights and conflicts to the provisions of New Zealand rights.
Questions, remarks and complaints may be sent to us through our contact form