Terms and conditions
Welcome to the allgoods.co.nz website. Please read these terms and conditions carefully. The following terms and conditions govern your use and access of the allgoods.co.nz website. By accessing our site, you confirm your understanding and agreement to the Terms and Conditions. If you do not agree to these Terms and Conditions of use, you may not use this website and the services.
AllGoods means ALLGOODS GROUP LIMITED (6215996), a New Zealand owned and operated company,
Our registered address is at Unit 5, 297 Maskells Road, Balcairn, Amberley, 7481, New Zealand.
The site reserves the right to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the site, with no other notice provided. Please check these Terms and Conditions of use regularly for updates. You are responsible for ensuring that you are familiar with the latest terms and conditions. Your continued use of the site following the posting of changes to these Terms and Conditions of use represents your acceptance of those changes.
- “Auction” are listings by users in which the item sold is won by the highest bidder.
- “Buyers” are users that bid on or buy an item or product listed on our site.
- “Sellers” are users that list auctions or products on our site.
- “Store Owners” are users that use AllGoods store services to sell products.
- “Your Content” is any content you post using our services.
- “Product” means items listed by an AllGoods store.
- “Services” means one or more services AllGoods provide including stores and auctions.
- “We”, “us” and “our” means company ALLGOODS GROUP LIMITED (6215996).
- “Writing” includes electronic mail, facsimile transmission, and any comparable means of communication.
AllGoods is an online marketplace where members can buy and sell items, either new products or secondhand items. When a user buys a product from a store or bids on an auction, a contract of sale is formed between the buyer and store directly, and we do not act as an agent for either party.
2. Becoming a member
You must provide complete and accurate personal information when registering as a member. We may verify these details, and may suspend features until this is done. You must keep your personal information updated.
AllGoods reserves its right to immediately suspend or terminate its service to the user, without warning and/or notice, for violation of any of the terms and conditions in this Agreement. We may suspend or terminate your membership due, but not limited, to the following:
- (i) Serious complaint or multiple complaints are received about you from other members, (ii) If AllGoods has reason to suspect that you have registered or controlled two or more member accounts, (iii) If you impersonate another member, (iiii) If we deem your behaviour to be unacceptable.
We may consider offsite conduct, such as prior criminal convictions, insolvency, or any other conduct that puts our community or systems at risk. Furthermore, AllGoods reserves the right to decline your application for registration for any reason at our discretion.
As a member, you are solely responsible for maintaining the confidentiality and security of your account and all activities under your account. This includes restricting access to your computer or any other device which may be used to access your account.
Do not disclose passwords, email addresses, date of births or any other information that is connected to your membership.
Do not share your account with other persons, or permit another party to use your username/membership.
If you decide that you want to close your AllGoods account, you may do so at any time, given that:
- you do not have any outstanding items listed,
- you resolved any outstanding matters,
- you have paid any outstanding fees you owe.
You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3. Privacy & Content
Confidential information encompasses any information you provide us was not publicly known, such as information in the public domain (either at the time we received it, or after, through no fault of ours).
We do not claim any intellectual property right over the contents that your provide to the AllGoods site or your store. You retain ownership over all the content that you upload.
By uploading your content, you give permission to allow other users to view your content. You also give AllGoods permission to store and display your content. You are responsible to ensure that your content is compliant with any applicable laws or regulations. AllGoods shall have non-exclusive, royalty-free perpetual license and right to store, display, modify, reproduce, distribute any intellectual property associated with your store, including names, trademark, images and logos. These rights extend only to any websites associated with AllGoods Group Limited.
4. General Ruler
Your shipping address must be located in New Zealand if you want to buy on AllGoods. When bidding on an auction, you are disallowed from retracting your bid, unless the seller allows you to do so . You must only place a bid if you intend to buy the item at the bid price you entered. If your bid has won the auction, you must make your payment promptly and in full. If you fail to pay for an item when your bid has won the auction, you will receive a warning from AllGoods, and your account may be suspended.
5. Warranties and Limitations of Liability
AllGoods is dedicated to providing the best service, but does not warrant that our service will be (i) uninterrupted, (ii) timely, (iii) secure or free from any virus or other harmful material. (iv) free from error or defects. Any interaction using our service, including buying, selling and contact between you and another member are conducted at your own risk.
AllGoods shall not be liable for any direct or indirect damages, including but not limited to; damages for loss of profits, goodwill, data or other intangible losses resulting from the use or inability to use our service.
AllGoods does not manufacture or inspect any of the items sold through our services. The items listed on our marketplaces are sold directly by independent sellers, and AllGoods does not make any guarantee on their quality, safety or genuity. Any legal claim related to an item purchased on AllGoods must be brought against the seller, be it a user or a store. You release AllGoods from any claims related to items sold through our services.
AllGoods is not responsible for the content posted by other users and store owners on our site. AllGoods do not make guarantees on the accuracy, copyright compliance, legality or decency of the content posted by users and store owners. You release us from liability relating to that content.
We solely provide the service allowing you interact with other members, but will not be responsible for any consequence that may occur relating to your interactions with other member, either online or in person. You release us from all liability relating for your interaction with other users.
You agree to defend and indemnify AllGoods (and our employees) against any legal actions, claims, costs, losses, demands or damages that arise from your actions, use or misuse of our services, your breach of our Terms and Conditions and Policies, or your infringement of someone else’s rights.
7. Fees and Account
Creating an account for AllGoods and bidding on a listed item is free. We charge fees for using other services, such as, but not limited to, advertising features adding a featured listing. When you use a service that has a fee, you will have the opportunity to review and accept the fees that you will be charged. AllGoods’ current fees are listed on the fees page. AllGood’s fees may be subject to change. The changes will be effective after a notice by AllGoods, either through email or a notification on our site. In the event that we introduce a new service, the fees will be effective at the launch of the service. Unless otherwise stated, all fees quoted are in New Zealand Dollars and are inclusive of GST.
We reserve the right to investigate queries regarding the refund of success fees with bidders, other members and any other relevant party.
8. General Provisions
The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.
Resolution of disputes
For transactions that are carried out without fulfilment service with AllGoods, we are not a party to the transaction between you and another member. In the event of a dispute, you agree to release AllGoods (and our employees and affiliates) from all claims, demands, costs and damages that may arise. You agree to not involve AllGoods in the dispute, or resolution of dispute.
AllGoods will not be held liable for any delay, unavailability, lack of performance or failure of the services or the website resulting from causes beyond our reasonable control and/or acts of nature. This includes, without limitation: (i) explosion, flood, tempest, fire or accident, (ii) war or threat of war, sabotage, insurrection, civil disturbance or requisition (iii) acts of restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority (iv) import or export regulations or embargoes (v) interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (vi) internet or power failure.
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. We maintain our right to act with respect to subsequent or similar breaches.
If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted, and the remaining provisions shall remain valid and be enforced.
These terms and conditions are to be construed in accordance with the laws of New Zealand. In the event of any dispute associated with these terms and conditions, that dispute shall be subject to the exclusive jurisdiction of the New Zealand court.
Legal notices or demands to AllGoods shall be made in writing and sent to AllGoods in person, or by mail to the following address: Unit 5, 297 Maskells Road, Balcairn, Amberley, 7481, New Zealand. The notices shall be effective when they are received by AllGoods in the above manner.
Legal notices to another member shall be made in writing and sent to AllGoods to the last known correspondence or email address provided by the member to AllGoods. The notice to the member shall be deemed to be received when AllGoods is able to demonstrate that mentioned form of communication has been sent to the member.
Intellectual Property Rights
AllGoods owns the proprietary and intellectual property right in the website, the software and other material underlying and forming part of the Service and the Website. This includes, but is not limited to text, graphics, logos, icons, video and audio recordings. Any unauthorized copying, modification, use or publication is strictly prohibited.
The AllGoods “Share for Shares” Competition
By entering the competition, each entrant will be deemed to have accepted these terms and conditions and to have agreed to be bound by them.
- Entry is open to New Zealand residents only. Employees and current investors of AllGoods Group Ltd are not eligible to participate in the “Share for Shares” competition.
- The competition will begin on the 24th of September 2018 and will end at 11:59PM on the 27th of January 2019. The end date may be extended at the discretion of AllGoods.
- When a participant refers a new user to AllGoods and this user successfully registers and verifies an AllGoods account, one referral point will be accredited to the referer’s account. The person who was referred must sign up and verify their account by the closing date specified for the referral point to be accredited.
- The participant with the most number of referral points by the end of the competition deadline will win 10000 shares of AllGoods stock. The participants with the second, third, fourth and fifth highest referral points will each win 1000 shares of AllGoods stock.
- Participants will be able to redeem prizes based on their number of referral points. These prizes may be changed throughout the duration of the competition at AllGoods’ discretion.
- Shares winners will be notified by email within 1 week after the competition end date. The winners must respond within 2 weeks or an alternative winner may be chosen.
- Monthly prize draw winners will be notified by email within 1 week after the draw date. The winners must respond within 1 week or an alternative winner may be chosen.
- Participants much not engage in any activity that may be considered fraudulent, invasive, or spamming. We reserve the right to review and investigate all referral activities, to suspend accounts or modify referrals as we deem fair and appropriate.
- All referred users must be unique human users and residents of New Zealand. AllGoods reserves the right to deduct referral points from a user if it is discovered that the referred accounts are bot accounts, non-unique users, non-New Zealand resident accounts, or any other form of illegitimate user.
- The shares issued to shares winners will be non-voting stock.
- The shares winners will be responsible for covering any taxes incurred if selling their shares in the future.
- The product prizes are not transferable or exchangeable, and cannot be redeemed for cash.
- Under the Privacy Act 1993, all individuals have the right to access and correct their personal information by contacting AllGoods by email at firstname.lastname@example.org
- In the case of a draw at the end of the competition deadline, where multiple users have referred the exact same number of people, the competition will be extended by 3 days.
- Participants agree to be interviewed, photographed, and videod by AllGoods and agree to their name, interviews, photographs, and videos being used for AllGoods publicity purposes.