Terms and Conditions

STOCKIES LIMITED

Stockies Limited (“Stockies”) provides a platform for farmers and livestock agents to collect and display relevant livestock and farm information when buying and selling livestock.

These Terms & Conditions of Use (“Terms”) govern your use of the platform. By accessing and using the platform, you agree and are bound by the Terms. If you do not wish to accept these Terms, you are not permitted to use the platform.

If you have any complaints or questions regarding these Terms or use of the platform in general, please contact our team at info@stockies.co.nz.

1. DEFINITIONS

In this context unless otherwise requires:

“Animal Welfare Policy” means our policy on animal welfare that users must comply with. This Policy is intended to be read in conjunction with these terms. You can find the Policy here.

“Content” means any written, or displayed material including descriptions, and pictures, relating to Livestock.

“Fees” means any fees imposed by Stockies for use of the platform and services.

“Force Majeure Event” means any act, omission or circumstance over which the relevant Party could not reasonably have exercised control and which renders the performance of this Agreement impossible or unlawful;

“GST” means Goods and Services Tax arising pursuant to the Goods and Services Act 1985.

“Listing” means an advertisement on Stockies for the sale of Livestock, and containing the Content.

“Listing Price” means the amount, in New Zealand dollars, a Seller agrees to sell Livestock for, expressed at a [per head rate or /cents per kg (cpk) live weight].

“Livestock” means any type of animal that is listed for sale on the platform.

“Mobile Application” means the Stockies software application for compatible mobile devices.

“Platform” means the Stockies platform.

“Policies” means any of Stockies policies which are intended to be read in conjunction and form art of these Terms.

“Purchaser” means anyone who is buying livestock on the platform.

“Seller” means anyone Listing livestock for purchase on the platform.

“Stockies” means the platform and company Stockies Limited.

“Subscription” means the subscription plan that Users select when using specific features of the platform.

“Terms” means these terms and conditions of use and any policy that is to be read in conjunction with it.

“User” means any seller, purchaser or agent, or any other person or entity who is using the platform.

“We” means Stockies Limited.

“Working Days” means any day other than a Saturday, Sunday or public holiday observed in New Zealand.

“You” means any user of the platform.

2. OUR SERVICES

2.1 We provide an online Platform for Users to use in a variety of ways.

2.2 In providing this Platform We do not participate in the sale of Livestock and are not a party to any transaction or sale that takes place as a result of Listings and information on our Platform.

2.3 We do not own any of the Livestock and We do not offer them for sale, nor do We act as an agent for any party.

2.4 All transactions and other contracts between You and other Users is entirely at your risk. Transactions are not monitored by Stockies, and Stockies is not liable in any way for transactions made on or through the Platform.

2.5 Listings are not screened or approved before they are posted on the Platform, and we are not responsible for anything or any opinions expressed. Additionally, Stockies does not warrant, endorse, guarantee, or assume responsibility or liability for any product or service advertised by a third party, or to any Users through the Platform.

2.6 If a User has connected to our Platform through a third-party service, that User hereby agrees to these Terms and gives us permission to use and store any personal information to enable use of the Platform.

3. VARIATIONS

3.1 We are entitled to add, change, and/or remove clauses in these Terms by publishing the varied Terms on our Platform.

3.2 The effective date of the varied Terms is the date the varied Terms are published on the Platform.

3.3 Use of the Platform after the date of publication of the varied Terms will be your, and your agent’s consent to the varied Terms.

3.4 If You do not wish to consent to the varied Terms then You must deactivate your account and immediately stop use of the Platform.

3.5 You are responsible for yourself informed of any changes to these Terms.

4. PROVISION OF THE PLATFORM

4.1 We provide the Platform on an ‘as is’ and ‘as available’ basis. Stockies makes no representations as to the uninterrupted, timely, securely, or error free use of the Platform.

4.2 We will use reasonable best endeavours to keep the Platform up and running, but We make no warranties that We will continue to enable and support the Platform if this is impracticable for Stockies, or for any other reason.

4.3 We may, without prior notice, change the Platform, stop providing the Platform or features of the Platform, to You or to Users generally or create usage limits for the Platform. We may permanently or temporarily terminate or suspend your access to the Platform without prior notice for any reason, including if in our determination You violate any provision of these Terms. Upon termination for any reason, You continue to be bound by these Terms. Stockies will not be liable for any loss that may result from your account, or the Platform being removed. If at any time the Platform is unable to be accessed by Users, Stockies is not liable for any loss that this may incur to Users.

4.4 We use our best endeavours, and have security measures in place to protect your personal information and data when You use our Platform. However we cannot guarantee the Platform or our servers are free of viruses, or other harmful components, including that they may be hacked. Users should use virus detection software to protect against viruses, spyware, malware and other harmful or otherwise undesirable components. Users acknowledge that You are providing your data at your own risk, and Stockies will not be liable for any loss of data for any reason.

4.5 Our Platform may contain links to third-party materials, websites, advertisements, promotions or services that are not owned or controlled by Stockies. Stockies does not endorse or assume any responsibility for any third-party content including but not limited to, sites, privacy policies, practices, information, materials, products, or services. If You access a third-party website, promotion, advertisement or service from the Platform or share your User content on or through any third-party website or service, You do so at your own risk. These Terms do not apply to your use of such sites. Stockies is not liable for any loss, damage, harm caused from your use and association with a third-party provider.

4.6 If requested by Stockies, Users must, on completion of a sale as a result of using the Platform, provide complete and accurate records of the sale to Stockies. Users agree that Stockies may share this sales data for any lawful purpose, provided that the data is kept anonymous.

5. USER STATUS

5.1 To be eligible to use our Platform you must first create a User account with us in accordance with the requirements and these Terms.

5.2 At the time of signing up for the Platform, all User’s must provide the requisite information ensuring that it is accurate, complete and current.

5.3 Every User must be over the age of 18 years of age in order to form a legally binding contract on our Platform.

5.4 An entity may sign up as a User provided that each person using the entity’s User account is over the age of 18 years of age, and each person is expressly authorised to enter into a transaction on the entities behalf. All information that You provide to us regarding an entity or organization must be accurate and complete. You must notify us immediately should any information change or no longer be accurate or complete.

5.5 The owner of the Subscription will be liable for the acts and omissions of the individual who is using the Platform on it’s behalf. Entities must ensure that all individuals using its User account are aware of and complying with these Terms.

5.6 We may, at our discretion, and without notice:

a. Refuse to accept a User onto the Platform;

b. Suspend or cancel a User’s use of the Platform;

c. Impose conditions on a User’s use of the Platform; and/or

d. Take any other action that We consider is appropriate, including removing a User and their Content from the Platform.

5.7 All User’s must ensure that they keep their usernames and passwords secure at all times and must not allow any unauthorised person to access their account on their behalf. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.

6. CODE OF CONDUCT

6.1 By using our Platform You agree to conduct yourself honestly and in good faith at all times.

6.2 All Users must comply with all laws including the Fair Trading Act 1986 and all relevant Animal Welfare regulations.

6.3 Users agree not to post anything that could be deemed as offensive, defamatory, or breach the Harmful Digital Communications Act 2015.

6.4 All Listings must be used for the intended purpose and our Platform must not be used in a way that is intended to misuse this purpose such as:

a. to avoid paying our Fees; or

b. to advertise your business; or

c. to manipulate search results; or

d. to defame any person; or

e. to further a crime or other unlawful activity; or

f. to spread any virus, worm, trojan, cookie or other programme.

7. ANIMAL WELFARE

7.1 By using our Platform You confirm that You comply with our Animal Welfare Policy. This can be found here.

7.2 If Stockies becomes aware of any non-compliance with our Animal Welfare Policy, We retain the right to remove the Listing, and ban You from Listing with us in the future.

7.3 All Users understand that any misrepresentation made in respect of compliance with any Animal Welfare Code could amount to an offence under the Fair Trading Act 1986.

8. WARRANTIES

8.1 User’s selling Livestock on Stockies warrant that they have the authority and/or consent to do so.

8.2 User’s acknowledge that where someone is acting on their behalf with their authority, any breach of any obligations by that person, is also a breach by them.

8.3 User’s selling Livestock warrant that the Livestock comply with all relevant Animal Welfare Codes and legislation. It is the User Listing the Livestock’s responsibility to ensure that these Policies are met.

8.4 Any User purchasing Livestock warrants that they have the authority to do so and will pay the full purchase price and any Fees required immediately when the funds are due.

9. REPRESENTATIONS AND LISTING DESCRIPTIONS

9.1 The Seller or any person who is acting on behalf of the Seller is responsible for providing detailed and accurate Livestock descriptions. All Listings must be accurate, current, and include all relevant information pertaining to the sale.

9.2 In Listing Livestock on our Platform, the Seller warrants and represents that each Listing condition is and will be true and correct.

9.3 The Seller warrants that no material information has been left out or withheld from the Listing description that might affect whether or not a Purchaser would purchase the Livestock.

9.4 The Seller warrants that any photos or videos displayed on the Listing show the actual Livestock that are listed for sale and are a true and fair representation of the condition of the Livestock.

9.5 The Seller warrants that the Livestock will be in the condition at the time of delivery to the Purchaser, that is a similar or improved condition to how the Livestock are shown in the Listing.

9.6 To the maximum extent permitted by law, Stockies will not be liable to any User for any claim of loss or damage arising (either directly or indirectly) out of, or in connection with:

a. The conduct of any other User;

b. The Content and representations of a Listing.

10. USE OF CONTENT

10.1 Any User using the Platform confirms that it has permission to use any and all of the Content that it uploads.

10.2 All Users will retain ownership of Content that is uploaded and nothing in these Terms is intended to claim ownership of your Content or to restrict your ability to use your own Content.

10.3 You give us a licence or right to use your Content for purposes including but not limited to advertising the Listing, making improvements to our services and for other internal and business purposes. Under this licence You grant us a non-exclusive, perpetual, transferable, unrestricted, royalty-free, irrevocable and worldwide licence, to use, store, display, reproduce, modify, distribute, create derivative works, and save your Content in any manner and on any media or Platform, to promote, improve and provide our Services, including for the purposes of making improvements to our Services and for other internal and business purposes. This licence continues even if You stop using our Services or delete Content from your account. You confirm that You have the right to grant this licence to us.

10.4 This clause does not apply to any trademarks or logos and We will not use either without express permission.

11. USE OF MOBILE APPLICATION

11.1 Stockies may make available software to access the Platform via a mobile device.

11.2 Stockies may, at its discretion charge a fee for downloading and use of the Mobile Application. Users must pay any and all required fees to enable use of the Mobile Application.

11.3 To use the Mobile Application You must have a device that is compatible with the Mobile Application. Stockies makes no warranties that the Mobile Application will be compatible with your device. Use of the Mobile Application with your mobile data may incur additional charges from your wireless service provider. Any additional charges are separate to Stockies’ fees and You are solely responsible for payment of any such charges.

11.4 Stockies may from time to time issue upgraded versions of the Mobile Applications, and may automatically upgrade the version of the Mobile Application that You are using. You hereby consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades.

11.5 In using the Mobile Application, Stockies grants the User a licence to use the Mobile Application for the purpose of buying and selling Livestock. You must not modify, dissemble or reverse engineer the Mobile Application, or use the Mobile Application for any unlawful or improper purpose. This grant of license is not in any way a sale of the Mobile Application, or copy thereof. Stockies and its third-party partners or suppliers retain all rights, title and interests in the Mobile Application. Any unlawful, or improper use of the Mobile Application may result in the User being permanently banned.

11.6 Users will be required to comply with the terms and conditions of their relevant App Store. Those terms are separate from these Terms and any breach of a third-parties terms may result in your license to use the Mobile Application being revoked.

12. PROHIBITED CONTENT

12.1 Users must not permit any offensive Content to be placed on the Platform.

12.2 We may at our discretion remove any Content or Listing, or ban any User who at any time We believe is posting inappropriate or offensive Content.

12.3 We aim to keep our Platform a safe and enjoyable experience for all Users. Please contact us if You see any Content that You think breaches these Terms.

13. INTELLECTUAL PROPERTY

13.1 Users acknowledge that all Content, including but not limited to, text, images, videos, layouts and any other information displayed on the Platform is or could be subject to copyright, trademark rights and other intellectual property rights and either belong to us or another third party.

13.2 Where IP of third parties has been used on the Platform by us, We have obtained their express consent.

13.3 Users are not permitted to copy any Content on the Platform unless You have explicitly been granted written permission.

13.4 You are permitted to copy Content for your own non-commercial use only, provided You retain and display any copyright or trade mark notice applying to the Content attributing it to us, or a third party. You must not use Content for any other purpose.

14. REMOVING LISTINGS AND USERS

14.1 Stockies may at any time remove or suspend any Listing, User or Subscription, for any reason including but not limited to a breach of our Terms, at Stockies’ sole discretion. Any Subscription may be terminated or suspended effective immediately, without giving prior notice. Stockies will not be liable for any loss this may cause to a User.

14.2 Stockies retains the right to remove any Listing if it reasonably believes:

a. that the User does not retain the right to the Content of the Listing; or

b. that the User does not have authority or consent to list the Livestock; or

c. that the Content displayed in a Listing is offensive or inappropriate in any way; or

d. that the User has a serious complaint or multiple complaints made against it; or

e. if the User has previously been banned from the Platform; or

f. if the User has not been complying with the Animal Welfare Policy; or

g. if the User has been in breach of any of the Terms; or

h. any other reason which Stockies believes is relevant.

15. WITHDRAWING LISTINGS

15.1 By Listing Livestock on the Platform the User is showing an intention to sell that Livestock.

15.2 If a User is found to be misusing the Platform, Your Subscription and account may be removed and permanently banned at Stockies’ discretion.

15.3 Despite clause 16.1, a User may withdraw a Listing at any time in accordance with these Terms.

15.4 Withdrawal of a Listing does not negate the obligations of either of the parties to a transaction, if they have already entered into a legally binding agreement.

16. FEES AND PAYMENT

16.1 We may charge Fees for the use of our Platform and/or specific features of our Platform. You will be able to review and accept Fees before You use the Platform, and You are liable to pay these Fees when they are due. By using the Platform You hereby agree to pay our Fees.

16.2 Some features of the Platform are billed on a Subscription basis. You will be billed in a billing cycle which is on a recurring and periodic basis. Billing cycles are set either on a monthly or annual basis depending on the type of Subscription You select. At the end of each billing cycle, your Subscription will automatically renew under the same conditions unless You or Stockies cancels the Subscription. Should automatic billing fail to occur for any reason, Stockies will issue an electronic invoice. You must make full payment of this invoice by the date specified on the invoice.

16.3 If for any reason Fees are outstanding by You, You agree that your account will be suspended until payment is made. If further payment is not made after 15 Working Days, legal action may be taken against You to recover any debts in addition to any costs incurred associated with recovering the debt.

16.4 You may cancel your Subscription at any time through your online account management page or by contacting Stockies customer support team. The Fee payment calculation will be effective from the month following when You provided us notice of your intention to cancel. You agree that unless and until You notify us of your cancellation, your Subscription and all corresponding Fees will automatically renew, and You authorise us or our third party payment provider to charge You the applicable Subscription Fees and any taxes.

16.5 Stockies may at any time, modify Subscription Fees. Any Subscription Fee change will become effective at the end of the current billing cycle. Stockies will provide Users with reasonable notice of any change in Subscription fees to give Users an opportunity to terminate their Subscription before such change becomes effective if they wish. Your continued use of the Platform after any subsequent Subscription Fee change comes into effect constitutes your agreement to pay the modified Subscription fee.

16.6 You may cancel your account and/or Subscription at any time, however, no refunds are given for cancellation. In the event that Stockies suspends or terminates your account, no refunds will be given for any reason.

16.7 Stockies may, at its sole discretion, offer a Subscription with a free trial for a limited period of time. You may be required to enter your billing information in order to sign up for a free trial. You will not be charged until the free trial period has expired. If You do not cancel your free trial before the expiry period ends, You will be automatically charged the applicable Subscription Fees. Stockies reserves the right to modify the terms of the free trial offer, or cancel such free trial offer, at it’s sole discretion.

17. PRICE

17.1 When submitting a Listing, the Seller will be required to submit a Listing Price for the Livestock.

17.2 The Seller must take care when nominating a Listing Price as the Livestock will be available for purchase at the nominated Listing Price.

17.3 Stockies does not accept any responsibility or liability for any errors in the Listing Price.

18. PURCHASING LIVESTOCK

18.1 Stockies’ sole purpose is to facilitate the collection and display of livestock information in order to enable Users and livestock agents to enter into transactions with one another.

18.2 Stockies is not a party to any transactions that are entered into as a result of use of the Platform.

18.3 Any User who wishes to purchase Livestock must contact the relevant Livestock agent directly.

18.4 Any dispute or issue that may occur as a result of these transactions must be dealt with directly between the two parties to the transaction. Stockies will not be liable, or involved in any claim, proceedings, or other resulting from use of the Platform.

18.5 All transactions entered into as a result of the use of the Platform are legally binding and enforceable agreements.

18.6 A Purchaser is deemed to be a principal to the transaction when purchasing Livestock and will be bound to pay the full purchase price and any and all associated Fees.

19. GST AND TAXES

19.1 All amounts shown on Stockies and in these Terms are in New Zealand dollars and are exclusive of GST (unless explicitly stated otherwise) and the relevant party must pay any and all GST in addition to any amounts payable under these Terms.

20. NON-PAYMENT

20.1 Stockies is not liable for any non-payment by the Purchaser. Stockies takes no liability for any loss incurred by the Seller by reason of the failure on the part of the Purchaser to complete the purchase.

20.2 Stockies acts as a venue for Users and is not in any way involved in the transactions that take place as a result of use of this Platform.

20.3 All Users accept that Stockies will not be brought as a party to any proceedings in relation to any loss or damage from any transaction made on this Platform, as far as the law provides.

20.4 All Users indemnify Stockies against any liabilities, losses, damages and costs (including legal costs).

21. INDEMNITY

21.1 You agree to indemnify us and hold us harmless against any claim made by yourself or any third party that is in any way related to:

a. your access to or use of the Platform;

b. your failure to complete a transaction;

c. your sale or attempted sale of misrepresented Livestock;

d. your breach of these Terms;

e. any content that You submit, post or make available through our Platform.

21.2 Your indemnity under this clause covers all losses, damages, or expenses (including legal costs) that we may suffer or incur.

21.3 To the maximum extent permitted by law, You assume full responsibility for any loss or damage that results from your use of the Platform and services. Stockies will not be liable to any person in connection with the Platform and the services, your use of the Platform, another User’s acts or omissions, whether for negligence, misrepresentation, breach of contract, breach of a statutory duty or otherwise. Stockies is not liable for anything outside of our reasonable control.

21.4 We will not be liable for any loss or damage, whether direct or indirection, including but not limited to loss of profits, loss of business, and consequential or incidental loss.

21.5 All User’s use the Platform at their own risk.

22. COMPLIANCE WITH MPI

22.1 All Users must obey any direction given by the Ministry of Primary Industries (MPI) in relation to any Livestock listed on the Platform.

22.2 Stockies is not in any way responsible for any non-compliance by any User.

23. INSURANCE

23.1 Stockies does not insure Livestock at any time against any loss or damage from any cause whatsoever and Livestock at all times are held at the risk of the owner until risk passes to the Purchaser.

24. AUDITING AND MONITORING

24.1 In order to provide improved services on our Platform, and to manage compliance with these Terms and any law requirement by any authority, we reserve the right to:

a. Review, audit and monitor your use of the Platform;

b. Take any action we deem appropriate at our sole discretion in accordance with our Policies, including suspending or removing your User account, editing or removing Content, or reporting any matters to the appropriate authority; and

c. Access, collect, preserve or disclose information about your use of the Platform as far as is necessary to:

(i) Comply with any legal process;

(ii) Enforce these Terms;

(iii) Respond and investigate any complaints;

(iv) Respond to User requests; and

(v) Protect the rights, property, and safety of Stockies, any User or the public.

25. PRIVACY ACT

25.1 By using the Platform, You acknowledge that we may collect, use, and disclose aggregated and/or anonymized data as set out in our Privacy Policy https://www.stockies.co.nz/privacy-policy

25.2 Where the Privacy Act 2020 applies, the User authorises Stockies to collect and hold personal information given to it by the User or obtained by any source Stockies considers appropriate.

25.3 The personal information will be used for the purposes of providing the materials and/or services for communicating promotional information, for debt collection purposes, or for any other related purpose. The information that is collected will only be held for as long as it is deemed relevant by Stockies. The User understands that it has a right of access and may request correction of personal information held by Stockies about the User.

25.4 All Users agree that We may use your data for other internal and external purposes, such as developing products or services, or providing this to trusted third parties, provided that all data is kept anonymous. Users agree that Stockies may share this anonymised data for any lawful purpose with trusted external third parties.

26. DEACTIVATING YOUR ACCOUNT

26.1 You may at any time deactivate your account with Stockies provided You do not have any Fees or payments outstanding.

26.2 If You have Fees or payments owing to your account, You will not be able to deactivate your account and will remain liable for these debts until they are paid.

26.3 When You deactivate your account, Stockies is not responsible for any loss of data that may result from this action.

26.4 Once an account has been deactivated, data cannot be recovered. If a User wishes to use the Platform again, they will need to complete the normal User sign up again.

27. COMPLAINTS

27.1 For any questions or complaints about our Platform, or services, please contact support@stockies.co.nz

27.2 Upon receiving your complaint we will endeavour to acknowledge your complaint by email within 5 Working Days of receiving it.

27.3 We will aim to undertake our review of your complaint and send any findings within due course.

28. DISPUTE RESOLUTION

28.1 All Users agree to try and resolve any disputes You have with other Users directly with them.

28.2 We do try to offer help and information where appropriate, however as we are not a party to any transaction between Users, this can only extend so far.

28.3 If You have a dispute with Stockies, please reach out to us and we will endeavour to resolve it informally.

28.4 If Stockies needs to contact a User about a dispute, we will use the email address provided or any other reasonable method. If we have been unable resolve a dispute informally, either party can look to resolve a dispute or seek any remedy available to them.

29. FORCE MAJEURE

29.1 Any party provided it complies with this clause, will not be liable for a breach of its obligations under these Terms or our Terms of Sale Agreement, (except a payment obligation) arising from a Force Majeure Event.

29.2 Any party that is subject to a Force Majeure Event will not be liable for a breach of these Terms provided that:

a. It promptly notifies the other party in writing of the nature and extent of the Force Majeure Event causing its failure or delay in performance; and

b. It has taken all reasonable endeavours to mitigate the effect of the Force Majeure Event to carry out its obligations under these Terms and to resume the performance of its obligations as soon as reasonably possible.

29.3 If the Force Majeure Event prevails for a continuous period of more than 7 days, either party may terminate by giving 7 Working Days written notice to the other party. On the expiry of the notice period this agreement will terminate. Such termination shall be without prejudice to the rights of the parties in respect of any breach of these Terms occurring prior to such termination.

30. MISCELLANEOUS

30.1 A failure by us to enforce any provision of these Terms shall not constitute a waiver for such provision. A waiver must be express and in writing.

30.2 If any provision in these Terms is deemed invalid, void, illegal or unenforceable, the remaining provisions will not be affected, and will remain in full force and effect.

31. GOVERNING LAW

31.1 These Terms are governed by and construed according to the law of New Zealand and each party submits to the non-exclusive jurisdiction of the New Zealand courts.