Stocky Terms of Service
By registering as a member of Stocky, you agree to the following terms of service and specific conditions applicable to the Stocky services. If you do not agree with these terms and conditions do not use the Stocky services.
The following Terms of Service may be modified at any time. When modified Stocky will post a notice informing of the modifications. Your agreement to the modified Term of Service will become effective at your use of the service. If you do not agree with the modifications then you must stop using the service. Latest update was 4th July 2014.
“Agreement” shall mean this agreement and specific conditions of it
“Effective Date” shall mean the date at which you register as a member by submitting your registration
“Service” or “Services” shall mean the stocky.co.nz internet site and offered services of this site
“Representative” shall mean your selected member or Stocky itself which you choose to represent you as a point of contact for your listing
“Agent” shall mean members which have registered as a member and agree that their contact details may be displayed for another member(s) listing(s)
“Agent Fee” shall mean the usual commission fee an agent charges for their services
“Contact Details” shall mean the e-mail and phone number you have provided to Stocky
“You” or “Your” shall mean you
“us” or “we” shall mean Stocky
“Stocky” shall mean website owners
2. Authorization to use: Subject to the terms of this agreement, Stocky hereby grants you a personal, non-exclusive, non-sub licensable, non-assignable, to use the Service. You must refrain from any act or activity that could affect the accessibility, security, integrity or functionality of the Website or systems or networks of Stocky or any other subcontractors, as well as any unauthorized attempt to access the data or documents of other users. Stocky reserves the right to monitor your use of the Services. Stocky may also from time to time ask for your opinion and comments on the quality of the Service and may use the information you provide in that regard for its own purposes. We can suspend your right to access the Services, or unilaterally terminate this agreement, if you do not comply with it, or if you engage in inappropriate use of the service.
3. Access and availability: Stocky strives to ensure that the Services are accessible 99% of the time. However, Stocky cannot guarantee uninterrupted access to the Services. Stocky reserves the right to interrupt access to and provision of the Services, as well as access to the Internet Site, including without limitation the following reasons:
- Performing maintenance in connection with the Services, including updates; Upgrading and installing
- Performing maintenance in connection with the Services, including updates; Upgrading and installing new features; Verifying and auditing the proper performance and use of the Services; Actual or apprehended outages.
Stocky will try to notify you of scheduled or ongoing interruptions to the Services and will strive to limit their duration.
4. Your responsibilities: You must ensure confidentiality of the access codes and/or passwords used to access your account. You are responsible for all activity occurring under your account(s) and shall abide by all applicable laws in connection with your use of the Service, including those related to data privacy, and personal information. You shall notify Stocky immediately of any unauthorized use of any password or account or any other known or suspected breach of security. You shall not use the Service to transmit mass unsolicited e-mails (spam).
5. Your content: As part of your use of the Services, you may submit content such as data, text, images, contact information and links to content (“Content”). You represent and warrant any content submitted by you is accurate and that You have the right to communicate such Content to the Service and us.
We may review Content to determine whether it may prejudice a third party or if it is illegal and we may, if such a case, remove or refuse to publish such Content.
If you submit Content (make a Listing) and choose another Stocky or a Stocky Agent Member to represent it as a point of contact then you take full responsibility for the Content and you are accepting Terms of Service 6 Representatives.
6. Representatives: You may choose to use the Service of choosing a Member from the Agent List for a Listing. The choosing of a representative does not remove you from the responsibility of the Content displayed. In selecting this Service you accept that your contact information will be shared with the Agent you have selected and you may be subject to an Agent Fee. Agents not employed by Stocky may operate under their own terms of service that do not conflict with the Stocky Terms Of Service.
Your selected agent may choose:
- not to represent your listing
- operate under their own or their firms terms of service when transacting a sale or purchase for you
- to charge you a fee or commission for their services outside of the Services provided by this Web Site
- contact you in reference to the listing which you have made
You may choose to represent yourself for a listing you have created. Your contact information will be displayed along with your listing information for other Members to view. Content of the listing may be viewed by non-members without your contact information.
7. Agent List: If you select Agent when registering you will be added to an Agent List which non agent members can select you to represent them on their listing. If you do not wish to be on this list do not select Agent when registering as a member.
8. Exclusion of liability pertaining to content: You acknowledge and understand that the content created, published, transmitted or shared by the use of the Service is entirely the responsibility of the person from whom such content originated. Therefore, you may be exposed to content that is offensive, harmful to minors, indecent or otherwise objectionable. Stocky will not be liable for any information or content shared or exchanged by means of the Services or Stocky Web Site.
9. Term: This agreement shall remain in effect for the Effective Date until 1. You cease all use of the services 2. You communicate in writing you wish to terminate the Agreement, or 3. Stocky terminates this Agreement.
10. Termination: Stocky may terminate this agreement at any time due to your failure to comply with any of the provisions of this Agreement. Stocky may suspend this Agreement if it deems you have breached this Agreement. Such termination or suspension will be communicated through the given email address you have provided. Stocky reserves the right to terminate your Profile if it remains inactive for more than 12 months.
11. Indemnification: You agree to indemnify, defend and hold Stocky, and its affiliates, directors, employees and Agents harmless from and against any and all liability and costs arising from 1. Violation or breach of this agreement 2. Use or misuse of this Service 3. Agreement or services provided by a Representative you have selected for your listing(s).
12. Limitation of Liability: To the extent permitted by law, Stocky shall not have any liability to you or any other person or entity for any direct, indirect or consequential, punitive, exemplary or any damages whatsoever, including, but not limited to, the loss of revenue or profit, lost or damaged data, content or goods. This also includes the services provided by other members to you.
13. Communication: Any communication will be primarily transmitted via email but may be transmitted via other contact information you have provided to Stocky.
You herby agree to receive messages via the contact information you have provided as long as you remain a member.
14. Stocky Representative: If you choose to have Stocky as your listing representative the Services provided will be:
- Stocky contact details displayed on our listing
- will pass on potential clients to you that make contact about this listing
- liaise with client on your behalf
Stocky will not:
- Take responsibility for information provided by you to pass on to the client including Content displayed on the listing