Ts & Cs and Privacy Policy for Businesses

Who we are

Every Singles Thing is a trade name of Every Singles Thing Limited, www.everysinglesthing.nz

Terms and Conditions for businesses

Terms and Conditions applicable to a seller of service using Every Singles Thing , www.everysinglesthing.nz

These terms and conditions are the contract between you and Every Singles Thing (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.

Every Singles Thing is a trade name of Every Singles Thing. www.everysinglesthing.nz 

1.          Definitions

2.          Our contract

2.1         The relationship between us is solely that:

2.1.1    in consideration of a fee charged by us, we provide for you an Internet market place as an arms length contractor;

2.1.2    we are not your partners or joint venturers.

2.2         If you place a Provider Service for sale on Our Website, you do so subject to these terms.

2.3         We may change this agreement in any way at any time. The version applicable to your contract is the version which was Posted on Our Website at the time that the contract was made.

2.4         Although we are not a party to your contract with a buyer introduced to you via Our Website, we shall remove Your Services from offer if a customer or site visitor has a valid complaint against you.

2.5         Subject to this agreement and to the procedures set out in Our Website, you may enter a Provider Service for sale through Our Website.

3.          Your Provider Service placement

You agree:

3.1         not knowingly to place any Provider Service for sale which is not of merchantable quality or which requires for its setup or use a level of technical expertise which is not fully explained to a customer before purchase.

3.2         immediately to remove from sale on Our Website any Provider Service which for any reason, you are unable to supply.

3.3         not to re-place any Provider Service we remove from offer for sale.

4.          Complaints about Provider Services

You agree that you will at all times:

4.1         reply promptly and in any event within 48 hours to any customer message or other correspondence;

4.2         comply with the law relating to all aspects of the contract between you and your customer, relating in particular to your obligations to provide full information and accept cancellation and returns. However, you may also offer more favourable terms to your customers as per your own returns and refunds policy set out on your website or otherwise in your terms and conditions;

4.3         comply with the Every Singles Thing procedures relating to satisfaction of an order, as set out on Our Website from time to time;

4.4         Please provide information to us in respect of any claim for non-supply and any dispute as to payment, so as to enable us to identify the possibility of fraud.

5.          The selling procedure

5.1         Every Singles Thing is not responsible for the fulfilment of your contract to sell a Provider Service.

5.2         Provider Services may be offered for sale subject to any discount or promotion arranged between Every Singles Thing and you.

5.3         Subject to discounts and promotions, Provider Services are offered for sale at a fixed price. GST may be due and will be either included in the price or shown separately. If not shown, it will not be charged.

5.4         Provider Services will be offered for sale and sales made, subject to the terms and conditions applicable to buyers. You accept and endorse these terms and agree to comply in all respects with the corresponding obligations of a Provider. You may view the buyer’s conditions on Our Website at any time.

6.          Goods and services tax

6.1         Fees and commissions specified in Our Website are exclusive of GST.

6.2         If you are located in New Zealand, we will show and retain the amount of GST due on our charge for our services in addition to the amount of commission due to us.

6.3         If you are located in New Zealand, and you provide a valid GST registration number, we will not charge or deduct GST from sums due to you.

6.4         Every Singles Thing has the right to demand additional information about your business so far as it may affect your GST registration, at any time, from you or from a governmental authority.

7.          Our commission and payment to you

7.1         Our advertising fees are payable on demand.

7.2         Our Website advertising system is an automated system which can be followed by you through a “control panel”.

7.3         We will send you an invoice for our charges.

8.          Advertising your Provider Service

If you accept our offer to advertise market or promote your service, the following conditions apply.

8.1         We may use the services of a specialist internet marketing business associated with Every Singles Thing

8.2         The cost of work ordered by you is payable in full, in advance. If you so request us, by indication on Our Website

8.3         We give no guarantee as to the success of any advertising placed.

8.4         We shall receive no secret commission on advertising services. But note that the service supplier is associated with us.

9.          Your Provider Service warranties

9.1         You warrant that any Provider Service you place on Our Website for sale:

9.1.1    is not: illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to any third party;

9.1.2    does not offend against the law of any country whose citizens might purchase it;

9.1.3    is not intended primarily to advertise any business, except your business, so far only as it is carried on through Every Singles Thing.

9.2         You warrant that you own the copyright of any Provider Service you place on Our Website for sale, or that you have the permission of the copyright owner:

9.2.1    to place the Provider Service on Our Website for sale;

9.2.2    to receive the net proceeds of such sales as arise;

9.2.3    to defend the copyright in the Provider Service.

10.      How we handle your Content

10.1      If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control who sees it or what anyone does with it.

10.2      You now irrevocably authorise us to publish feedback, comments and ratings about Your Services and activity through Our Website, even though it may be defamatory or critical.

10.3      We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.

10.4      Posting Content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.

10.5      You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.

10.6      You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.

10.7      Please notify us of any security breach or unauthorised use of your account.

11.      Restrictions on what you may Post to Our Website

We invite you to Post Content to Our Website for marketing your services. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law.

We do not undertake to moderate or check any item Posted.

You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:

11.1      be unlawful, or tend to incite another person to commit a crime;

11.2      be obscene, offensive, threatening, violent, malicious or defamatory;

11.3      be sexually explicit or pornographic;

11.4      be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;

11.5      use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement.

12.      Your Posting: restricted Content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

12.1      hyperlinks, other than those specifically authorised by us;

12.2      keywords or words repeated, which are irrelevant to the Content Posted.

12.3      the name, logo or trademark of any organisation other than yours.

12.4      inaccurate, false, or misleading information;

12.5      material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18 years old.

13.      Security of Our Website

If you violate Our Website we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

13.1      modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.

13.2      link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;

13.3      download any part of Our Website, without our express written consent;

13.4      collect or use any service listings, descriptions, or prices;

13.5      collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;

13.6      aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Services;

13.7      share with a third party any login credentials to Our Website.

14.      Copyright and other intellectual property rights

14.1      All Content on Our Website, for example page text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of either us or our affiliates or suppliers of services for sale. It is all protected by international copyright laws.

14.2      You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement or with our written consent.

14.3      For the sake of good order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.

15.      Interruption to Our Service

15.1      We give no warranty that Our Service will be satisfactory to you.

15.2      We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of Our Service for repairs, maintenance or other good reasons. We may do so without telling you first.

15.3      You acknowledge that Our Service may also be interrupted for reasons beyond our control.

15.4      You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to Our Service.

16.      Our disclaimers

16.1      We are not responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss whatever.

16.2      Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.

16.3      We are not liable in any circumstances for damages resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website.

16.4      Every Singles Thing website and Every Singles Thing services are provided “as is”. As to Our Website and Our Services, we make no representation or warranty of any kind, express or implied, including, without limitations, warranties:

16.4.1 as to fitness of Our Website and Our Service for a particular purpose;

16.4.2 as to availability and accessibility, without interruption, or without error;

16.4.3 any obligation, liability, or remedy in tort whether or not arising from our negligence.

16.5      You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a buyer.

17.      Your indemnity to us

You agree to indemnify us against all loss and expense, including legal fees and management time related in any way to:

17.1      a claim by any person in respect of any Provider Service;

17.2      protecting the reputation of our business by our making a payment to a customer of yours in circumstances where you have failed to make that repayment or otherwise comply with your contract with that customer.

17.3      any cost to us arising from a decision by us to comply as your agent, with any obligation of yours, whether or not we have your permission, arising out of any regulation or law, including:

17.3.1 the deletion or amendment of any text or other content you have placed on Our Website;

17.3.2 any payment we make on an ex gratia basis, arising from a contract between you and a customer;

17.4      legal or other fees we incur in defending a claim or the imposition of a fine or penalty;

17.5      our management time in dealing with any failure or alleged failure by you to comply with any relevant regulation or law.

18.      Miscellaneous matters

18.1      You undertake to provide us your current land address, e-mail address, telephone, mobile and fax numbers as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.

18.2      So far as any time, date or period is mentioned in this agreement, time shall be of the essence.

18.3      If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

18.4      For the purposes of the Privacy Act 1993 as amended you agree to the processing of your personal data (in manual, electronic or any other form) relevant to this agreement, by us and/or any agent or third party nominated by us and bound by a duty of confidentiality. Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country in any part of the World.

18.5      If you are in breach of any term of this agreement, we may:

18.5.1 publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.

18.5.2 terminate your account and refuse access to Our Website;

18.5.3 remove or edit Content, or cancel any order at our discretion;

18.5.4 issue a claim in any court.

18.6      Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.

18.7      No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

18.8      When you visit Our Website or send messages to us by email, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on Our Website. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.

18.9      Any communication to be served on either of us by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail

18.10   In the event of a dispute between us, then, if we so ask, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

18.11   This agreement does not give any right to any third party.

18.12   We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control, including any labour dispute.

18.13   In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

18.14   This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

18.15   The validity, construction and performance of this agreement shall be governed by the laws of New Zealand.

PRIVACY POLICY

What personal data we collect and why we collect it

Use of your information

We will never sell or rent your personal information to third parties. We will use information we collect from you for the primary purpose for which it is collected and for such other secondary purposes that are related to the primary purpose of collection. We generally use personal information to complete delivery of our Documents to you, help us manage and enhance our services and to communicate with you.

Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Cookies

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Your contact information

It is our policy to send emails throughout the purchasing process and other Newsletter emails you elect to receive. In addition, we may send out promotional material to you promoting new or amended material on our site where we think that may be relevant to you. It is our policy to immediately remove any person from any mailing list upon the person’s request.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Analytics

We collect and use additional information to carry out internal research on our users’ demographics, interests, and behaviour to better understand and serve you and our community. This information may include the URL that you just came from (whether this URL is on our site or not), which URL you next go to (whether this URL is on our site or not), what browser you are using, and your IP address

If you post on our site, on twitter or Facebook or other social media site about us or your experience with us, we may collect that information for the purposes of improving our service and the end user experience.

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Where we send your data

Visitor comments may be checked through an automated spam detection service.

How we protect your data

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online

Additional information

Credit card/Payment details

Payment for our documents is done via PayPal, which may ask you to provide further information (including credit or debit card details). This information is retained by PayPal and will not be passed on to us. We advise you to read the Terms and Condition and Privacy Policy on the PayPal site for further information on what information will be required and the way PayPal will use it.

Links to other websites

Our website contains 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.

Updates to our information practices

We reserve the right to change this policy. By continuing to use the Website, you agree to be bound by the amended policy. You should check from time to time to see if the policy has changed.