1. Definitions 

In these terms and conditions:

“Account Holder” is a person who has become an Account Holder pursuant to clause 6.2. 

“Blog” means a dedicated page on the website where there will be articles available to Account Holders to read. 

“Directory” means a dedicated page on the Platform where businesses can list their profiles and contact details, this can be viewed by Account Holders. 

“EquiManage” means a dedicated area on the platform where Account Holders can record their own horses detail.

“Goods” goods or services related to horses and ponies and their associated goods including horses, ponies and motor vehicles related to the transportation of horses.  We retain the right to approve all goods and services listed on the Platform.

“Market Place” means a dedicated page on the Platform where members may list items for sale. 

“Member” means a person who becomes an Account Holder pursuant to clause 6.2 and who has paid the current membership fee and can maintain an EquiMatch account.

“Platform” means the EquiMatch Website through which the services are offered and on which the Transactions take place. 

“Seller Account Holder” means members who have made a Sellers Account to list and sell their horses.

“Seller Platform” dedicated page where those with a Sellers Account can list horses for sale. 

“Transaction” means sales and contracts entered into and carried out on the Platform between Account Holders and/or Members.

“We, us or our” means EquiMatch.

“Website” means this EquiMatch website through which the services are offered. 

“You” means a reference to you.

2. Acceptance of terms and conditions. 

1. 1. 1. These terms and conditions apply to all users of EquiMatch and all content and services available through the website. By using the website, you are deemed to accept these terms and conditions of use without qualification.
      2. If you do not agree to be bound by these terms and conditions, you must stop accessing and using EquiMatch.

3. Amendments of Terms and Conditions 

1. 1. 1. 1. 1. EquiMatch reserves the right to amend these terms and conditions from time to time. Unless otherwise stated, amendments will take effect immediately upon posting the amended terms and conditions on this website. It is your responsibility to ensure that you are familiar with the latest terms and conditions. When you continue to use the services, you are bound by your conduct to have accepted the amended terms and conditions.
               

4. Privacy policy and personal information

1. 1. 1. Information collected through the website may include your personal information, and you agree to the terms of our privacy policy https://equimatch.co.nz/privacy-policy/
         

5. Services 

1. 1. EquiMatch provides a Platform to facilitate the following: 
      1. To allow Seller Account Holders to advertise the sale of Goods;  
      2. To allow Members to maintain a Buyers Profile;
      3. To allow Members and business to advertise their trade or business service;
      4. To allow Account Holders to record details pertaining to their own horses’ in EquiManage;
      5. EquiMatch do not act as agent for either party in any arrangement, or Transaction between you and other Members or Account Holders.
      6. EquiMatch do not have insight into or control over the Transactions and will not be able to reverse any Transactions that occur. Once you enter into a Transaction on the Platform the Transaction will be deemed to be complete and we cannot amend any part of the Transaction or stop the Transaction from completing.  Because of this we will have no liability to you or any other third party for any claims or damages that may occur or be suffered due to any Transaction that takes place on the Platform

6. Registration and Accounts

1. 1. Becoming an Account Holder:
      1. You may view the following limited information without being an Account Holder:
         1. Basic information regarding horses and Goods for sale;
         2. View the Directory but not interact with Sellers;
         3. View / purchase from the Marketplace;
         4. View Blogs
   2. Becoming an Account Holder:
      1. An Account Holder will have access to the following:
         1. Full information regarding Horses and Goods for sale;
         2. Full access to the Directory including all Sellers contact details including phone numbers and email addresses;
         3. Full access to the marketplace;
         4. May interact directly with the Sellers.
      2. To set up a Buyers Profile and/or a Sellers Account you must become and register as an Account Holder by completing the membership form and paying the membership fee set out on the Website.
      3. You must complete the relevant account opening form and pay the relevant fee (if any) provided at the relevant time on the Platform. By registering as an Account Holder, you warrant that you can form a legally binding contract and that all information you provide to us is correct and can be relied on.
   3. Password security
      1. You will ensure that all usernames, passwords and other credentials such as the private key required to access the website are kept secure and confidential and you will notify us immediately of any unauthorised use of your password, credentials or any other breach of security.
   4. Account transfer
      1. You may not transfer your account to another user or maintain more than one account with us without our consent.
   5. Registration data
      1. You confirm that the data you provided to us on registering as an Account Holder was at the time you provided it current, complete and accurate, and you agree to maintain and update the data as required to keep it so.

1. Reliance upon credentials
   1. You release us from and renounce any claim in respect of or arising from any reasonable reliance by us upon any use of your credentials and password, including us disclosing information relating to your registration and / or affairs with us. You agree to indemnify and hold us, our officers and employees harmless from any claims, actions, costs (including legal costs on a Solicitor Client basis), or losses by us or any third party due to or arising out of reasonable reliance by us or any third party upon any acts carried out, requests made or information provided through the use of your credentials or password
2. Suspension and termination
   1. We may, at our sole discretion, suspend or terminate your account and limit your access to the Platform.

7. Fees 

1. 1. EquiMatch’s subscription Fees are as follows:
      1. Account Holder: $25.00 per annum
      2. Horse Trading Package:
         1. Must be an account holder;
         2. Prices are for a 12-month period. 
            1. Bronze – 1 horse: $20.00. 
            2. Silver – 5 horses: $75.00.
            3. Gold – 10 horses: $100.00.
            4. Platinum – 20 horses: $150.00. 
            5. Diamond – Unlimited $250.00. 
      3. Directory:
         1. $25.00 per annum to purchase ab additional business listing.

4. Market Place:

1. 1. Bronze vendor – 5 items per annum $5.00;
   2. Silver vendor – 20 items per annum $10.00;
   3. Gold vendor – 50 items per annum $20.00;
   4. Platinum vendor – 100 items per annum 30.00;
   5. Diamond vendor – unlimited items per annum $50.00;

5. Promote Listings

1. 2 days – $3
2. 7 days – $5
3. 10 days 0 $8
4. 28 days – $20

6. EquiManage

1. List 1 horse $10.00
2. List 5 horses – $37.50
3. List 10 horses – $66.70
4. List 20 horses – $100

1. Fees for becoming an Account Holder are charged at the time of joining. 
2. EquiMatch reserve the rights to change the fees for our Services at any time. 
3. All fees are New Zealand Dollars and inclusive of GST. 
4. If you fail to pay any fees by the due date (as set out in the relevant invoice), EquiMatch may (without prejudice to its other rights) charge:
   1. interest on the unpaid amount from the due date until the date payment is received at 2% per annum over the base overdraft facility rate charged by EquiMatch’s bankers from time to time; and/or
   2. an admin fee as set out in the relevant invoice.

8. Intellectual Property 

1. 1. 1. We own all legal rights, titles and interests in and to any and all elements of the website, and the Platform including any and all intellectual property. No part of the Platform may be distributed or copied for any commercial purpose and you are not permitted for any purpose to incorporate the contents of the website or any part of it in any other work or publication (whether in hard copy, electronic or any other form) without our prior written consent. Further, you may not copy, use, remove or alter any trademarks or logos that appear on the website or on any content on the website.  Copying and unauthorised use, both commercial and non-commercial, without our prior permission is prohibited.

9. Communication tools

1. 1. 1. If you use any communication tools available through the Platform through which we make the available, you agree only to use such communication tools for lawful and legitimate purposes. You must not use any communication tool for posting or disseminating any material unrelated to the use of the Platform, including (without limitation) offers of goods or services for sale, files that may damage any other person’s computing devices or software, content that may be offensive to any other users of the Platform, or material or data in violation of any law (including data or other material that is protected by copyright or trade secrets which you do not have the right to use). When you make any communication on the Platform, you represent that you own the content of the communication. We are under no obligation to ensure that the communications on the Platform are legitimate and we are not able to monitor communications at all times. We reserve the right to remove any communication at any time in our sole discretion. Please report any objectionable information to us at: [email protected] or 027 297 7006.

10. Prohibited conduct

1. 1. 1. You must not do any of the following when you use the Platform:
         1. take any action that in our opinion imposes an unreasonable load on the infrastructure of the Platform, including but not limited to “spam” or other such unsolicited e-mailing techniques;
         2. use the Platform for any purpose that is unlawful or prohibited by these terms and conditions, including without limitation the posting or transmitting any threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, profane or spam material;
         3. publish advertising material of any kind or market any goods or services directly to other users; or
         4. attempt to disrupt or interfere with the operation of the Platform.

11. Disclaimer

1. 1. We make the Platform and its information and content available to you as a service. Use of the website to carry out transactions is at your own risk. We are not responsible for any adverse consequences arising out of such use. The Platform has not been prepared by taking into account the particular objectives, situation or needs of any individual users.  In particular EquiMatch make no warranties or representations in regard to:
      1. Title and Ownership of Goods, 
      2. Quality, safety, description of fitness for purpose of any Goods, 
      3. you acknowledge that you solely rely on your own judgement when using the Platform or entering into a Transaction.

12. Exclusion of liability

1. 1. 1. To the fullest extent permitted by law, we exclude:
         1. all warranties and representations in relation to the Platform including in relation to the use of the Platform to carry out Transactions, any content on the Platform and any other services provided through the website whether express, implied, statutory or otherwise and we will not be responsible for any errors or misstatements in the Platform; and
         2. all liability in relation to the Platform whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including direct, indirect, consequential or special loss or damage, or loss of profits, loss of data, loss of savings and loss of opportunity).

13. Indemnity

1. 1. 1. You will take all necessary action to defend and indemnify us and our officers and employees against all costs, expenses and damages incurred in connection with any claim brought by a third party against us arising from a breach by you of any of these terms and conditions.

14. Non-Transferable

1. 1. 1. Your right to use the Platform is not transferable. Any password or right given to you to obtain information or documents is not transferable.

15. No Relationship

1. 1. 1. These terms and conditions will not be deemed to create a partnership, joint venture, agency or employment relationship of any kind between us and you.

16. Entire agreement

1. 1. 1. These terms and conditions form the entire agreement between us and you relating to the Use of the Platform and your use of the services.

17. Contact

1. 1. 1. If you have any questions or concerns in relation to the Platform or these terms and conditions, please contact us  at [email protected] or 027 297 7006.

18. Governing Law

1. 1. 1. Your use of the Platform, and any Transactions carried out on the Platform, is governed by New Zealand Law.

19. General

1. 1. 1. If at any time we do not enforce any of these terms or conditions or grant you time or other indulgence, we will not be construed as having waived that term or condition or our rights to later enforce that or any other term or condition. Further, if any part or provision of these terms and conditions is deemed to be invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part of provision. The remaining terms and conditions will be binding on the parties.

20. Termination

1. 1. We have the right to terminate these terms and conditions and cancel or suspend our agreement with you for any reason we deem necessary. You agree that we are not required to provide you with any advanced notice of any suspension or termination of these terms and conditions, and that we are not required to provide you with any advanced notice of termination of our agreement with you, and that we are not liable to you or any other third party for any damages or consequences caused by any such suspension or termination.