Terms & Conditions
Last Updated: 04 Feb. 2018
By using the Website or the Services, you agree to these Terms. JT Media Ltd. may change these Terms at any time and without prior notice. All such changes to these Terms will be posted on the Website, and by using the Website after the posting of any changes you agree to accept any changes.
In order for You to access, use the platform to make listings, and otherwise use the Website you must agree to the covenants and premises of the Terms.
If you disagree in part or in whole with any of the set out conditions of the Terms you must discontinue your access and use of the Website immediately.
- MY VINTAGE makes accessible to you an online marketplace (also known as a “Venue”) available through the Website.
- The right to access is limited to the validity of this Agreement, and may be revoked by MY VINTAGE at any time, without notice to you, and as determined in the conditions contained in these Terms.
- MY VINTAGE allows registered users to post listings of old cars, motorbikes, Trucks, Tractors and other similar vehicles (altogether referred to herein as “vehicles”) primarily 25 years or older and all conforming automotive parts both New and Used for those vehicles, accessories and automobilia (All items MUST BE automotive related) items on the marketplace subject to compliance with these terms and conditions (all the aforementioned activities referred to herein as “Services”).
2.- REGISTERED USERS.
- In order to be able to post listings and opt for one of the memberships available on the Website or to be able to communicate with the selling parties, users must register through an online form and pay the appropriate fees where required as set out on out membership pages.
- Registered users are solely responsible for the safeguard of their username and password. In the event of disclosure of login information to third parties, willingly or unwillingly, please immediately change your password and, if necessary, consider reporting such disclosure to us. MY VINTAGE will never inquire about your login information either through email, phone or any other messaging method.
- Registered users must also:
- Disclose true and verifiable information.
- Be the owner or have the authority from the owner to both list and sell any listed items.
- Be realistic and honest in the description of items in any of your listings.
- Refrain from insulting, disrespecting or giving misleading information. Not make any discrimination based on gender, sexual preference, race, religion, ethnicity, nationality or promote any kind of discontent towards any person or group.
- In case of a breach of this section, MY VINTAGE may immediately suspend or indefinitely terminate your membership.
- The listing, attempt of listing or making of any sort of advance for the sale or offer of stolen or otherwise illegally obtained goods, as defined in section one of these terms, shall result in immediate closure of the involved users accounts and membership. ADDITIONALLY, MY VINTAGE MAY IN THIS CASE REPORT ANY RELEVANT INFORMATION OF SUCH ILLEGAL ACTIVITIES TO ANY LAW ENFORCEMENT OR LEGAL AUTHORITY.
- For all legal purposes and interpretations, the Website is considered to be a platform or an online venue.
- Sellers may access the Website to post and list suitable items (please refer to section 1) which they have for sale.
- Users or members looking to purchase appropriate items can access the Website as well, looking for listed items which they may have an interest in purchasing.
- MY VINTAGE is not an intermediary as we do not charge or plan to charge any kind of commission or to receive any payments for the sale or purchase of any of the listed items, either in percentage or otherwise agreed.
- All users are to pay MY VINTAGE a fee (with exception of our Free membership Plan) for their membership to post a listing.This may be monthly, 3 monthly, six monthly or yearly.
- MY VINTAGE shall have no liability for any listed items, the way they are described, their actual state, their actual legal status and for their supply, even when these have been agreed on through the platform.
- Users agree that MY VINTAGE is a simple platform with no control of the truthfulness or real representation of any listed items. THEREFORE, YOU ASSUME ALL RISK WHEN INTERACTING WITH SELLING PARTIES AND WAIVE ANY LEGAL CLAIMS AGAINST MY VINTAGE FOR ANY DAMAGES, DIRECT OR INDIRECT, FOR THE USE OF THE PLATFORM AND INTERACTION WITH OTHER USERS.
4.- MEMBERSHIPS AND PAYMENTS.
- MY VINTAGE may from time to time, at their sole discretion, make amendments to the price, or to their description, granted rights and/or perks of any of the available memberships on the website, a possibility which users willingly accept.
- MY VINTAGE may not make any change to previously subscribed membership for its valid subscription period. However, such memberships may not be available for renewal.
- All memberships which require payment are processed by a third party, engaged by MY VINTAGE for such purpose. When disclosing payment information, users warrant to MY VINTAGE that they own or that they are authorized to use such payment method by any relevant party. Payment information is kept private. Users shall assume the payment of any applicable taxes.
- There is no content on the Website specific for adults or any older audience, thus, the Website is accessible to anyone. Even so, MY VINTAGE encourages parents to assist and supervise their children’s activities online.
- To access the Website, you must:
- Be 13 years of age or older and have the authority to enter into this Agreement.
- You represent to be disclosing true and verifiable information for registration purposes.
- Commit to comply with the terms and conditions determined herein, and consent to be bound by the Terms.
- MY VINTAGE hereby grants users/members a limited, temporary, non-exclusive right to access the websites and gather the information they require for their own private, non-corporate, non-public and non-commercial use. Such license does not imply any transfer of any proprietorship, nor does it represent any grant of additional license, title or interest of the Website or its content.
- Users hereby grant to MY VINTAGE non-revocable, perpetual, royalty-free, non-exclusive and fully assignable right and license to use, display, publish, communicate to the public, make publicly available, alter, change, modify and correct, at MY VINTAGE’s sole discretion any uploaded content to the Website, including, but not limited to: photographs, descriptions, pictures, drawings, texts, audio and video files (altogether known as “media”) to the maximum extent allowed by applicable law.
7.- RULES OF ACCEPTABLE USE.
- Users are to abide and comply with these Terms at all times, when accessing, visiting or navigating through the Website. Additionally, and to keep a good atmosphere on the Website, users may not:
- Breach the Terms and Conditions as laid out herin.
- Frame the Website.
- Mirror the Website.
- Attempt to make copies of, reproduce or otherwise clone the Website, its contents, databases, trademarks and any other parts of it, unless authorized in writing by MY VINTAGE.
- Try to upload or other form infest the server with virus, spyware, malware or any other harmful software.
- Try to access MY VINTAGE Website through a backdoor, creating one, or attempt to access as anything different than a user.
- Place links to third party websites without proper written authorization by MY VINTAGE.
- Enter wrong information, including, but not limited to, misleading and in appropriate descriptions, including, but not limited to, model, year, mileage, engine size, WOF and WOF expiry, registration status, registration number and plate, and other relevant information.
- Aid or assist a third party in any of the aforementioned prohibitions.
8.- TRADEMARK AND COPYRIGHT.
- All trademarks on the Website are subject to copyright. All trademarks and logos of MY VINTAGE are registered to them or pending of registration. Users are not allowed to use the trademark without proper written authorization of MY VINTAGE.
- MY VINTAGE is also the owner or the licensee of all the content and their emerging intellectual property rights.
- MY VINTAGE makes a considerable effort to be compliant with all applicable copyright acts and laws valid and applicable to the Website.
- You may contact us in case you deem that any of your copyrighted material is being used or displayed on the website.
- Any material which may be copyrighted or that may not be used by MY VINTAGE shall be deleted from the website, and/or replaced accordingly.
- If anyone thinks to have rights over any content on this Website, you may mail to info@MY VINTAGE.co.nz clearly stating the following:
- Identification or direct link to the infringing content.
- Proof of copyright of such content.
- Proof of identity.
- A statement which warrants that in the event that the copyright claim results to be untrue, MY VINTAGE or any other entitled third party may undertake legal action against the claimant for fraudulent copyright claim.
- MY VINTAGE is fully entitled to display advertisements and sponsors on the Website, where and whenever it deems appropriate.
- These advertisements or sponsor images may contain hyperlink that lead out of the MY VINTAGE websites.
- We strongly encourage all users that, if they opt to engage with such sponsors or advertisement promotors, they carefully read any terms and policies or other legal disclaimers available on their websites, as MY VINTAGE does not have control over such outside places, and that MY VINTAGE makes no representation or endorsement of the authenticity, reliability or use for a particular purpose of any of the services or products offered by the businesses run by any Sponsors or Advertisers.
- MY VINTAGE may terminate and impede access of any User which does not comply with this Agreement or, when MY VINTAGE in good faith believe the User to be acting fraudulently or in other way harmfully against MY VINTAGE, it's members or any other third-party.
- The termination will affect the whole contract, but clause 5, 8, 12, 13, 14, 15, 16 and 18 shall survive the termination.
11.- PERSONAL AND PRIVATE INFORMATION.
- MY VINTAGE shall at all times use reasonable technical and commercial efforts to ensure the Website’s availability, provided that no situation out of MY VINTAGE control prevents them from ensuring the availability of the Services, of which MY VINTAGE shall not be liable for.
- MY VINTAGE shall not make refunds or take any liability for unexpected downtimes or for periodical maintenance.
13.- NO WARRANTY.
- TO THE MAXIMUM EXTENT PERMITTED BY ANY RELEVANT FUTURE OR PRESENT LAW, THE WEBSITE AND ANY SERVICES AVAILABLE ON SUCH WEBSITE ARE PROVIDED BY MY VINTAGE SOLELY ON AN “AS IS,” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. MY VINTAGE HEREBY DISCLAIMS AND MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, SUITABILITY, TRADE USAGE OR PRACTICE, MERCHANTABILITY, TITLE, NON INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE USE, MISUSE, OR INABILITY TO USE THE WEBSITE, THE PLATFORM, AVAILABLE INFORMATION, AND SERVICES, EITHER WHOLE OR TORT OR PART.
- ADDITIONALLY, MY VINTAGE DOES NOT WARRANT THAT THE WEBSITE AND SERVICES ARE IN ANY WAY ERROR-FREE OR THAT THEY WILL BE UNINTERRUPTED. IN CASE ANY SPECIFIC STATE, PROVINCE OR REGION DO NOT ALLOW ANY OF THESE DISCLAIMERS OR THE WIAVING OF WARRANTIES, THE AFOREMENTIONED IN THIS SECTION MAY NOT APPLY TO YOU, THE USER.
- NO WARRANTY IN RELATION OF ANY LISTED ITEMS IS MADE BY MY VINTAGE, AND THE LISTING USER SHALL ASSUME ALL LIABILITY FOR DAMAGES AS A RESULT FOR A UNSUITABLY, UNTRUE, FALSE, MISLEADING, DECEITFUL OR WRONG DESCRIPTION OF THEIR LISTED ITEM, REGARDLESS OF HAVING THE INTENTION TO DO SO OR NOT.
14.- LIMITATION OF LIABILITY.
- MY VINTAGE SHALL NOT BE LIABLE IN THE EVENT OF ANY OCCURRENCE WHICH RESULTS IN ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THIS WEBSITE OR THE PERFORMANCE OF ANY SERVICES OR PRODUCTS WHICH MAY BE AVAILABLE ON THE WEBSITE OR THE CONDUCT OF OTHER WEBSITE USERS (WHETHER ONLINE OR OFFLINE) OR ANY CONTENT THEREIN, EVEN IF MY VINTAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY AND ABSORB ALL LIABILITY FOR YOUR USE OF THE WEBSITE. YOUR ONLY REMEDY AGAINST MY VINTAGE FOR USE OF THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE.
- APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- THE CUMULATIVE LIABILITY OF MY VINTAGE ARISING OUT OF OR IN ANY WAY CONNECTED TO THESE TERMS SHALL NOT BE MORE THAN ANY AMOUNT PAID BY THE USER TO MY VINTAGE.
15.- GOVERNING LAW.
- This Agreement shall be governed by the laws, acts and regulations of NEW ZEALAND and in the event of any conflicts arising of the terms and conditions determined herein may be construed by the Palmerston North Courthouse.
- User hereby agrees to keep MY VINTAGE indemnified and hold MY VINTAGE harmless from and against all claims of loss and/or damage in case of wrongful use of the Website.
- MY VINTAGE waives all liability of non-authorized use of the Website or registration of Children without the explicit consent of their Parents or Guardians.
- If any provision of this Agreement is, held or interpreted to be invalid or in other way unenforceable, the other provisions of this Agreement will remain enforceable for all purposes which may assist the parties to this Agreement.
18.- NO WAIVER.
- Any delay or failure by either party to this Agreement to execute or exercise any right or claim related to the terms and conditions determined herein, shall not be construed as a waiver of such right.
- The Parties hereto agree that Users may not assigned any of its rights or obligations determined in this agreement to any third parties, without express and explicit written consent of MY VINTAGE.
- MY VINTAGE may at any time assign this Agreement, provided that the conditions and terms of this Agreement survive such assignment and are kept identical or improved by the assignee, and the fees are kept unchanged for a period of no less than six (6) months.
- It is determined that all rights and remedies of MY VINTAGE under this Agreement are cumulative.
- User acknowledges that the Services and/or the Website may contain valuable trade secrets and proprietary information of MY VINTAGE, and that any breach of this agreement regarding intellectual property and/or copyright may constitute immediate and irreparable harm to MY VINTAGE its affiliates, licensors, partners, shareholders and agents, and that these would not be relieved by a simple monetary damage recovery.
- If such breach occurs, MY VINTAGE shall be entitled to seek injunctive relief without any other requirements or requisites. In case that any legal action is promoted in relation to this agreement, the prevailing party may seek reasonable attorney fees, legal costs and other expenses, in addition to any other relief that MY VINTAGE may seek.
21.- PERFORMANCE AND DUTY.
- Any delay in the performance of any duties or obligations of MY VINTAGE, except the common obligations on User’s part such as the payment of their membership, shall not be considered a breach of this Agreement, provided that such delay is caused by shortage of materials, fire, earthquake, flood, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the cause of such delay and to resume performance as soon as possible.
22.- REVISIONS TO THIS AGREEMENT.
- MY VINTAGE reserves the right to revise the terms and conditions of these Terms, and may update this section of the Website and this Agreement.
- User is to accept the amendments, revisions or changes to this Agreement, or may disagree and not accept the terms; in this case, the sole remedy of User shall be to discontinue the access to the Website.
- The continued use and access of the services shall be deemed as acceptance of User of the announced amendments, revisions or changes to this Agreement.
23.- ENTIRE AGREEMENT.
- This Agreement shall be construed as the final and entire agreement between the parties respecting the subject matters determined herein and supersedes all prior discussions, either written or oral, respecting the terms and conditions set in this Agreement.
My Vintage Affiliate Program Terms of Service
1 - Agreement
By signing up to be an Affiliate in the My Vintage Affiliate Program ("Program") you are agreeing to be bound by the following terms and conditions ("Terms of Service").
My Vintage reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.
2 - Account Terms
- You must be 18 years or older to be part of this Program.
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person - a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. My Vintage cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account.
- One person or legal entity may not maintain more than one account.
- You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You may not use the Affiliate Program to earn money on your own My Vintage product accounts.
3 - Links/graphics on your site, in your emails, or other communications
Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to My Vintage. We may change the design of the artwork at any time without notice, but we won't change the dimensions of the images without proper notice.
To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the My Vintage. You must ensure that each of the links between your site and the My Vintage properly utilizes such special link formats. Links to the My Vintage website placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as "Special Links." You will earn referral fees only with respect to sales on a My Vintage product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
4 - Referral fees/commissions and payment
We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.
We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
Payments only begin once you've earned more than $7.49 in affiliate income. If your affiliate account never crosses the $7.49 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $7.49 threshold.
To receive commission payouts Affiliates MUST have a PayPal account.
5 - Identifying yourself as a My Vintage Affiliate
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of My Vintage or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).
6 - Payment schedule
As long as your current affiliate earnings are over $7.49, you'll be paid each month. If you haven't earned $7.4 since your last payment, we'll pay you the following month after you've crossed the threshold.
7 - Customer definition
Customers who become members through this Program will be deemed to be our customers/members. Accordingly, all of our rules, policies, and operating procedures concerning members will apply to those customers. We may change our policies and operating procedures at any time.
8 - Your responsibilities
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
- The technical operation of your site and all related equipment
- Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
- The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, any information you include within or associate with Special Links)
- Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
- Ensuring that materials posted on your site are not libelous or otherwise illegal
9 - Compliance with Laws
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
10 - Term of the Agreement and Program
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to http://myvintage.co.nz, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. My Vintage reserves the right to end the Program at any time. Upon program termination, My Vintage will pay any outstanding earnings accrued above $7.49. You agree and are solely responsible for any taxes payable on any commissions earn through this program.
11 - Termination
My Vintage, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other My Vintage service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. My Vintage reserves the right to refuse service to anyone for any reason at any time.
12 - Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
13 - Limitations of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
14 - Disclaimers
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the My Vintage website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
15 - Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
16 - Arbitration
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the laws of New Zealand.
17 - Miscellaneous
This Agreement will be governed by the laws of New Zealand, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
The failure of My Vintage to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and My Vintage and govern your use of the Service, superceding any prior agreements between you and My Vintage (including, but not limited to, any prior versions of the Terms of Service).