Our Hooley marketplace is all about fun, excitement, trust, and fairness and we want our terms and conditions to reflect this. Therefore it is important that we all have these values to ensure our community remains true to its principals. The following terms and conditions apply to the use of this website, and by using this website you acknowledge that you are bound by them.

So welcome to Hooley, the fun starts here.

In these terms and conditions:

• “You” means the person accessing or using this website. “Your” has a corresponding meaning
• “We” means Hooley (platform owner). “Our” and “us” have a corresponding meaning.
• “Member” means a user that has completed our member registration process and created an account to use the services offered on this Platform.
• “User” means any user of the Platform who is not a Member or Vendor.
• “Vendor” means any user authorised by the Platform Owner to use the services offered on this Platform (including the sale and promotion of that Vendor’s Products).
• “Unacceptable” means anything that is defamatory, harmful, offensive, upsetting, obscene, inappropriate, false, misleading, unsuitable for persons under the age of 18 years, in violation of any law or regulation, or otherwise considered by us as being unacceptable.

1. Changes to this website

We may change any of the information on this website, including these terms and conditions, at any time. By continuing to use this website after any changes have been made, you acknowledge that you will continue to be bound by these terms and conditions.

2. Website content and warranties

All User Content, including advice and opinions posted by Users, is the responsibility of those who post such User Content and comprise their own personal views which do not necessarily represent the views of Hooley. We do not guarantee the accuracy or integrity of such User Content and we will not be responsible, or liable to any third party in relation to any Content posted by Users.

Your Content and use of the Site must not:

(i) be false, inaccurate or misleading; (ii) violate this Agreement, any site policy or guidelines, or any applicable law or regulation; (iii) be defamatory of any person; (iv) contain material which is obscene, offensive, threatening or intimidating to any person (including Hooley staff and other users); (v) infringe any copyright, trade mark or other proprietary or intellectual property rights of any other person; (vi) be likely to deceive any person; (vii) promote any illegal activity; (viii) do anything to undermine reviews and feedback; (ix) be likely to upset or annoy any other person; or (x) be used to impersonate any person or to misrepresent your identity.

Any Content a User uploads to the Site will be considered non-confidential and non-proprietary. We therefore have the right to use, copy, reformat, distribute and disclose to third parties any such Content for any purpose. We also retain the right to remove any Content or posting a user makes on the Site for any reason.
We will try to make sure that the information on this website is accurate and up-to-date, but we do not guarantee that the information we provide is reliable, accurate, or suitable for what you may want to use it for. Although we will try to keep this website running smoothly we do not warrant that the functions contained in this site will always be uninterrupted or error free or that any defects in it will be corrected. If this happens, please let us know using the ‘contact us’ form. We are always keen to fix things straight away.

To the maximum extent permitted by law, we disclaim and exclude all implied conditions or warranties. Before you rely or act on any of the information on this website, you should get professional advice.

3. User names and passwords

You may be issued with a user name and password for using specific services in this website. You confirm that any information you provide to us relating to you and your products or services is current, complete, and accurate at the time you provide it. If your details change, you agree to update the information in a timely manner. You agree to take all reasonable precautions to protect the security and integrity of your user name and password and to prevent its unauthorized use. You agree to be responsible for all actions taken using your user name and password. If you become aware of any unauthorized use of your user name or password, you must let Hooley know immediately. By signing up as a vendor or member, you warrant that the personal information you have provided is complete, accurate and will be kept up-to-date. You will not register as a vendor or member under multiple identities.

4. Security

We have physical, electronic and managerial processes in place to protect the information we collect via our website or email. The information you send is passed through a secure server using encryption technology. All stored customer information on this website is protected with secure passwords, user log-ons and other security procedures.

5. Listing policies

When listing a product or service on this site, it is your responsibility to ensure that you are legally entitled to do so. The product or service must be accurate and the listing must be placed in the most appropriate category. If you are unsure, please contact the team. Any listings that we deem inappropriate, or in breach of these terms and conditions, will be removed and we will not refund any fees. We do not accept responsibility for any inappropriate material listed on the website. We do not act as an agent of any party using this site.

6. Exclusion of liability

You use this website at your own risk. As such, you agree that, to the maximum extent permitted by law, any and all liability and responsibility of us to you or any other person under or in connection with these terms of use, or in connection with this site (or any linked site), or the material on this site (or any linked site), or your use of or inability to use this site (or any linked site), is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise.
Our 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.

7. Listing fees

All listing fees on this site are GST inclusive. We reserve the right to make any changes to the listing fees. Where it is practical for us to do so, we will notify vendors of these changes. The name that will appear on your statement will be Hooley. No refund will be given once the listing is live, however if you feel you require a reversal due to special circumstances Hooley should be contacted at team@hooley.co.nz

8. Pricing on listings

If listings have prices on the Hooley website, these include GST.

9. Linked websites

Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Please do not create a hyperlink to any of the pages of this website unless we give you our written consent first. If you create a hypertext link to this website, you are responsible for all direct and indirect consequences of the link. Please indemnify us for all loss we suffer in connection with any link you have created.

10. Intellectual property rights

We hold all copyright and other intellectual property rights in this website. You may use the information on this website and reproduce it (electronically or in hard copy) for your personal use only. In all other circumstances, you must get written permission from us before you use, send or reproduce any of the information on this website.

11. Indemnity

You agree to release and indemnify us from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us arising out of or in connection with your failure to comply with these terms and conditions.

12. Privacy

You may access information contained within this site without providing personal information. Where you voluntarily provide personal information (for example, through online forms or email requests), we are required as a minimum to hold your personal information as directed under the Privacy Act 1993. The Privacy Act 1993 regulates us through the Privacy Principles as to how we collect, use, hold, disclose, access, correct, manage and dispose of your personal information. Some information, however, is automatically retrieved while visiting our site, such as site browsing patterns. Please be assured that in the event that any personal information is sourced we only use this information in aggregate form so that no effort is made to identify individual visitors. To view any personal information held by us, or if you have any concerns about personal information that we hold and wish to request its correction, please write to team@hooley.co.nz

13. Governing law

This website is governed by the laws of New Zealand. When you access this website, you submit to the exclusive jurisdiction of the New Zealand courts.

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