Terms and Conditions

TERMS AND CONDITIONS

Welcome to That’s So Cool, New Zealand's own online shopping site. These terms and conditions are intended to assist keep That’s So Cool a safe place to shopping.

1.General Terms and Conditions

1.1    Acceptance of terms and conditions: The terms and conditions are the terms on which That’s So Cool offers you access to the Services and the Website. By registering as a member of That’s So Cool you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Services.

1.2    Amendment of terms and conditions: These terms and conditions may be amended in whole or in part by That’s So Cool from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended.

These terms and conditions were last updated 3rd May 2010.

1.3    Terminology: In these terms and conditions, the following expressions have the meanings settle out:

'item', 'items' means goods that may be bought through the list in categories;
'member' means a registered member of That’s So Cool;
'Services' means any one or more of the services offered by That’s So Cool from time to time, including online order, shipping, message boards and any other service that That’s So Cool may offer;
'we', 'us' and 'our' are a reference to That’s So Cool;
'you' and 'your' are a reference to you;
'Website' means any That’s So Cool website through which the services are offered.

1.4    Disclaimer: You expressly understand and agree that: your use of the services is at your sole risk. The Website and services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting clause

1.5  That’s So Cool disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute That’s So Cool's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.

1.6   Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of That’s So Cool to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, another Member's acts or omissions, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. That’s So Cool's 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.

1.7   Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction, your use of That’s So Cool's message boards, your sale or attempted sale of an item prohibited under clause 4.2(d), or arising out of any content or item you submit, post, transmit, or make available through the Services.

1.8   Breach: Without limiting any other rights and remedies available to That’s So Cool, That’s So Cool may limit your activities on the Website, remove your bids or listings, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our Services to you if you breach these terms and conditions or where That’s So Cool considers it appropriate.

2. BECOMING A MEMBER

2.1    Becoming a Member: Becoming a member is free. You may only register as a member if you are resident in New Zealand can form a legally binding contract that is enforceable against you. For example, you must be 18 years old. By registering as a member, you warrant that you can form a legally binding contract.

2.2    Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by That’s So Cool to ensure it is kept current at all times. That’s So Cool may phone or mail you to verify these details. You must not register as a member under multiple identities or personas (whether false or not).

2.3    Termination of membership: That’s So Cool reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, That’s So Cool may terminate your membership if a serious complaint or multiple complaints are received about you from other members, if you breach these terms and conditions, if you impersonate another member, or if we, at our sole discretion, deem your behaviour to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled.

2.4    Security of your login information: You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:  
not to permit any other person to use your user name or membership; and
not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow them to gain access to your membership.

2.5    Emails and newsletters: That’s So Cool will send you emails relating to your membership, transactions and other activities on the Website, and for promoting and marketing other That’s So Cool products and services to you. That’s So Cool may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.


3. GENERAL RULES

3.1    General
 
You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so.
You may not use a robot, spider, scraper or other automated means to access the Website or information featured on it for any purpose.
You shall not list your email address, phone number or any other contact detail within the description of listings, listing comments and/or questions, in your member profile, or in the That’s So Cool message boards.

3.2    Your obligations as a buyer

You must be located in New Zealand to buy on That’s So Cool. People outside of these countries are not permitted to purchase items on That’s So Cool.
We only sell and ship Products within New Zealand. We will not make deliveries outside New Zealand. 
You must make full and prompt payment for any item you buy.
If you use the to pay by credit card, you agree to:
attempt to resolve the issue with the Seller first, and to inform That’s So Cool and co-operate fully and reasonably to resolve any problem transaction before requesting a chargeback from your card issuer or bank.

4. GENERAL PROVISIONS

4.1    System Integrity: That’s So Cool will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, That’s So Cool takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, That’s So Cool assumes no responsibility for the corruption of any data or information held by That’s So Cool.

4.2    Resolution of disputes: As That’s So Cool is not a party to any sale or transaction between you and another member, you agree not to involve, or attempt to involve, That’s So Cool in any dispute or in the resolution of disputes that arise between you and another member as a result of the Services provided, other than as provided in clause 4.3 i (i).

4.3     Force Majeure: Without prejudice to clause

    4.3(a), That’s So Cool has no liability for any lack of performance, unavailability or failure of the Services                or the Website, or for any failure of That’s So Cool to comply with these terms and conditions where              the same arises from any cause reasonably beyond the control of That’s So Cool.

4.4    No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.

4.5    Partial Invalidity: If any provision of these terms and conditions 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.

4.6    Governing Law: These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.

4.7    Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.

4.8   Privacy: That’s So Cool collects personal information about you through your use of the Services and the Website, including:
 
your registration details; and information relating to your use of the Website and the content you access.

You agree that That’s So Cool may use this personal information to assist us to provide the Services to you, for internal research purposes, to verify your identity, for promoting and marketing other That’s So Cool products and Services to you, and for any other use that you authorise. You agree to your membership's trading history being published in your feedback.

We will not sell or allow third parties to access your personal information without your consent. We release account and other personal information only when we believe release is appropriate to comply with law; facilitate court proceedings; enforce or apply our terms and conditions; or protect the rights, property, or safety of That’s So Cool, our users, or others. Government agencies with statutory roles enabling them to request information from us include but are not restricted to the Police, Inland Revenue Department and Ministry Of Economic Development. You may contact That’s So Cool to ask whether information has been provided to government agencies.

If you intend to take Disputes Tribunal proceedings against another member and you require that member's contact details in order to take such proceedings, That’s So Cool will release those details to you if you make a Statutory Declaration stating that you require that member's contact details for the sole purpose of taking Disputes Tribunal proceedings. You may obtain a Statutory Declaration for this purpose by contacting That’s So Cool or the Disputes Tribunal.