Terms of Service
Please read the following Terms of Service before using the Onceit website (the "Site"). By accessing this Site, you agree to be bound by these Terms of Service. The Terms of Service may be updated from time to time without notice. Accordingly, you should check the date of the Terms of Service regularly (which appear at the end of this document) and review any changes since the last version. If at any time you do not agree to these Terms of Service, please do not use this Site.
Descriptions of Services
In the Site, Onceit provides users with access to sales of luxury items online (the "Service"). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site. You may only use certain portions of the Site if you are a Onceit registered buyer or seller.
License and Site Access
Onceit grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Onceit’s sole discretion) an unreasonable or disproportionately large load on Onceit’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Onceit to prevent or restrict access to the Site. Any unauthorised use by you shall terminate the permission or license granted to you by Onceit.
The Onceit Service is not available to minors under the age of 18 or to any users suspended or removed from the system by Onceit for any reason. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring your Onceit account to another party. If you do not qualify, you may not use the Onceit Service or the Site.
By registering as a member, you warrant that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the New Zealand or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Onceit has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Onceit has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Onceit immediately of any unauthorised use of your account or any other breach of security. Onceit reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
Onceit does not claim ownership of any materials you make available through the Site. At Onceit’s sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Site, you grant Onceit a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section 4.
Disclaimer of Warranty
All content, products, and services on the site, or obtained from a website to which the site is linked (a "linked site") are provided to you "as is" without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
Onceit does not endorse and is not responsible for (a) the accuracy or reliability of any opinion, advice or statement made through the site by any party other than Onceit, (b) any content provided on linked sites or (c) the capabilities or reliability of any product or service obtained from a linked site.
Other than as required under applicable consumer protection law, under no circumstance will Onceit be liable for any loss or damage caused by a user's reliance on information obtained through the site or a linked site, or user's reliance on any product or service obtained from a linked site. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the site, or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
Limitation of Liability
You expressly understand and agree that Onceit and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Onceit has been advised of the possibility of such damages), resulting from use of the site, content or any related services.
You agree to indemnify and hold Onceit (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of these Terms of Service, or your violation of any law or the rights of a third party.
When you use the site or send emails to onceit, you are communicating with onceit electronically. You consent to receive communications from onceit electronically. Onceit will communicate with you by email or by posting notices on the site. 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.
Site-provided Email and Postings
The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. Onceit is under no obligation to review any messages, information or content ("Postings") posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, Onceit may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings. You understand and agree not to use any functionality provided by the Site to post content or initiate communications that contain:
- Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, national or international law.
- Advertisements or solicitations of any kind.
- Impersonate others or provide any kind of false information.
- Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.
- Messages by non-spokesperson employees of Onceit purporting to speak on behalf of Onceit or containing confidential information or expressing opinions concerning Onceit.
- Messages that offer unauthorised downloads of any copyrighted or private information.
- Multiple messages placed within individual folders by the same user restating the same point.
- Chain letters of any kind.
- Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to a) Using Onceit invitations to send messages to people who don’t know you or who are unlikely to recognise you as a known contact; b) Using Onceit to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases.
The Site or third parties may provide links to other World Wide Web sites or resources. Because Onceit has no control over such sites and resources, you acknowledge and agree that Onceit is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Onceit shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Access to Password Protected/secure Areas
Access to and use of password protected and/or secure areas of the Site is restricted to authorised users only. Unauthorised individuals attempting to access these areas of the Site may be subject to prosecution.
Onceit will endeavour to supply all orders placed and accepted on the Site. However, order placement and acceptance do not constitute an obligation on Onceit to supply. Onceit’s obligations will be limited to protections provided by the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. In the event a product on the Site is listed at an incorrect price due to typographical error or systems error, Onceit reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Onceit shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Onceit shall issue a credit to your credit card account in the amount of the incorrect price.
The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Onceit and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as meta-tags on other pages or sites on the World Wide Web without the written permission of Onceit or such third party which may own the Marks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
If Onceit does not exercise or enforce any right available to us under these Terms of Service, it does not constitute a waiver of those rights.
If any provision of these Terms of Service becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
The laws of New Zealand govern these Terms of Service and the relationship between you and Onceit. You and Onceit agree to submit to the non-exclusive jurisdiction of the Courts of New Zealand.
All prices are given in New Zealand Dollars and include G.S.T. unless explicitly stated otherwise.
Onceit credit cannot be redeemed for cash. Credit cannot be used on shipping cost. Earned invite credit expires in 6 months from the date of issue.