Noc Noc Limited
User Terms of Service
Last modified: 18 June 2018
1.2 Noc Noc reserves the right, at any time, to update and change any or all of these terms of service, in our sole discretion, including but not limited to the fees and charges associated with the use of the System. If Noc Noc does so, Noc Noc will post the modified terms of service on its website, though you will be notified of any changes that, in Noc Noc’s sole discretion, materially impact these terms of service. Continued use of the System after any changes have been made will constitute your consent to such changes.
1.3 Noc Noc provides a platform for users to interact via Doorways and aims to connect users before then enabling them to enter a private messenger service to complete their interaction. Noc Noc is not responsible for any of the interactions expressed in the private messenger service. By interacting with another user in the private messenger service you agree to take full legal responsibility and liability for your comments, including offensive or defamatory statements.
1.4 The System is not intended to be used by anyone under the age of 18. We will not allow anyone under 18 to register to use the System and if we discover someone under the age of 18 using the System we will immediately delete their personal information and thereby remove their access to the System.
1.5 You are responsible for regularly reviewing the most current version of these terms of service, which are currently available at: https://nocnoc.co.nz/termsofservice. When we change these terms of service, we will modify the "Last modified" date on that page.
2 Our Rules and Your Account
2.1 You must be at least 18 years of age to create an account on Noc Noc and thereby use the System. By creating an account and using the System you represent and warrant that:
2.1.1 You can form a binding contract with Noc Noc,
2.1.2 You are not a person who is barred from using the System under the laws of New Zealand or any other applicable jurisdiction,
2.1.3 You will comply with these terms of service and all applicable local, state, national and international laws, rules and regulations, and
2.1.4 You have never been convicted of one or more of the following offences; a sex crime, or any crime involving violence, and you are not required to register as a sex offender with any sex offender registry of any kind.
2.3 You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Noc Noc, and you are solely responsible for all activities that occur under those credentials. If you believe someone has gained access to your account, please immediately contact us at firstname.lastname@example.org
3 Your Safety and Interactions with Other Users
3.1 Noc Noc aims to foster a respectful user environment through the use of features such as noc noc-ing which only allows users to interact (enter private messenger service) if they have both expressed an interest in each other. We are not responsible for the conduct of any user on or off the System. You agree to use caution in all interactions with other users, especially if you decide to communicate off the System or meet in person.
3.2 If you decide to share any personal information about yourself to other users, this comes at your own risk. Noc Noc encourages you as a user to use the same level of caution in disclosing such personal information to third parties online as you would in any other circumstance.
3.3 You are solely responsible for your interactions with other users. You understand that Noc Noc does not conduct criminal background checks on its users or otherwise inquire into the background of its users. Noc Noc makes no representations or warranties as to the conduct of users. Noc Noc reserves the right to conduct and you agree Noc Noc may conduct any criminal background check or other screenings (such as sex offender register searches) at any time using available public records. You agree to sign any documentation reasonably required by Noc Noc to obtain such background checks or other screenings.
3.4 Although Noc Noc reserves the right to review and remove content that violates these terms of service, such content is the sole responsibility of the user who posts it, and Noc Noc cannot guarantee that all content will comply with these terms of service. If you see content on the System that violates these terms of service, please report it within the System or via email@example.com.
4 User License
4.1 Permission is granted to you to use the System. This is the grant of a license, not a transfer of title, and under this license you may not:
4.1.1 Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the System or cause others to do so;
4.1.2 Copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the System without Noc Noc's prior written consent;
4.1.3 Use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the System or its contents;
4.1.4 Use or develop any third-party applications that interact with the System or other users' content or information without our written consent;
4.1.5 Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
4.1.6 Remove any copyright or other proprietary notations from the materials on the System; and
4.1.7 Transfer the materials on the System to another person or "mirror" the materials on any other server.
4.2 This license will automatically terminate if you violate any of these restrictions and may be terminated by Noc Noc at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials from the System in your possession whether in electronic or printed format and uninstall the System from any of your devices.
5 Warnings for Users
5.1 Noc Noc provides a mechanism for users who want to meet, connect with businesses and buy and sell items. Noc Noc does not take part in the sale of items other than providing our System as a platform to do so for our users. If an offer is accepted by a seller, a contract of sale will be formed between the buyer and seller directly. We do not act as agent for either party and do not participate in any sale or transaction between you and other members. This specific part of the System is merely a means by which a buyer and seller record their transaction.
5.2 Noc Noc gives no undertakings, representations, or warranties in relation to items sold or listed on the System including:
5.2.1 About ownership of any item;
5.2.2 As to the content, safety, description, worthiness, quality, or legality of the items listed on the System;
5.2.3 As to the accuracy or truth of listings;
5.2.4 That any item will meet your requirements or expectations; or
5.2.5 About the ability of users to complete a transaction, including credit card transactions.
7 Your Obligations
7.1 You must provide true, current and complete information in your dealings with Noc Noc (including when setting up an account on the System) and must promptly update that information as required so that the information remains true, current and complete.
7.2 You must:
7.2.1 Not act in a way, or use or introduce anything (including any virus, malicious code, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the System, or otherwise attempt to damage or interfere with the System; and
7.2.2 Unless with Noc Noc’s written agreement, access the System via standard web browsers or the Noc Noc application only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
7.3 Your obligations as a seller include:
7.3.1 Sellers must be located in New Zealand. Sellers outside of New Zealand are not permitted to sell on Noc Noc, unless specifically authorised in writing
7.3.2 You will only be able to sell items if all relevant information about the item is accurate, current, complete, includes the terms of sale, payment terms, shipping methods and who bears the cost of shipment. If your item is likely to attract customs duty for buyers in New Zealand, you must ensure that this is clearly indicated when selling the item.
7.3.3 You will only sell items that exist, are to be sold, and that you are legally entitled to sell. You will only sell items that are in your possession, except where Noc Noc has approved otherwise in writing.
7.3.4 All items for sale must comply with New Zealand law. You must not list anything that is illegal, offensive (including anything of a defamatory, pornographic or racially or ethnically objectionable nature), stolen, or unsafe, anything which infringes copyright or other intellectual property rights, items which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any item of which the sale is prohibited by, or violates any, law. You are responsible for ensuring that any item for sale by you does not breach this clause 7.3.4. You agree that Noc Noc may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause 7.3.4 at any time.
7.3.5 Items available for sale are not pre-screened for content. Noc Noc reserves the right to remove any listing that it deems unsuitable or in breach of the terms of service.
7.3.6 You must not charge unreasonable amounts for shipping and packaging costs.
7.3.7 If you are a motor vehicle trader selling a car on our System, you must attach to the motor vehicle, a Consumer Information Notice (CIN), in a prominent position on your listing (e.g. a clear photo) and provide the CIN to the successful buyer.
220.127.116.11 Regardless of whether you are a motor vehicle trader or not, if you are selling a car on Noc Noc you are required to ensure that the buyer of the motor vehicle takes the motor vehicle free of any security interest, and you must disclose in the listing whether there is any security interest over the vehicle.
18.104.22.168 If you sell six or more vehicles in a year you are likely to be required by law to register as a registered motor vehicle trader (RMVT). If so, you must register and state your RMVT number in your listings. You authorise us to search the Motor Vehicle Traders Register on your behalf to check your RMVT status.
7.3.8 The sale of films, videos, DVDs, VCDs and laser disks is covered by the Films, Videos and Publications Classification Act 1993. It is an offence to sell any of these items if they have not been examined and classified by the appropriate agencies. When listing these items for sale, you must include within your listing, the New Zealand classification rating and all information on the classification label.
7.3.9 You must promptly forward the listed item to the successful buyer when the item is sold.
7.4 Your obligations as a buyer include:
7.4.1 You must be located in New Zealand to purchase items on Noc Noc. People outside of New Zealand are not permitted to purchase items on Noc Noc.
7.4.2 If you are notified that the sale has been successful, you must complete the transaction in the manner specified. By listing an item for sale, you warrant and represent that you have the legal right to enter into and complete the transaction.
7.4.3 Your offer is non-retractable once the listing is complete. You must only place an offer if you intend to buy the relevant item at the price it is listed at. Reasonable allowances should be made for postage where applicable.
7.4.4 You must make full and prompt payment for any item you purchase.
7.4.5 You agree to your email address being provided to the seller when the sale is successful.
7.4.6 If your offer is successful and you do not pay for the item, you will receive a warning from Noc Noc when the seller lodges a complaint about you. After 3 such complaints, Noc Noc may suspend or terminate your account.
7.5 There is certain content that we do not allow on Noc Noc. By using the System you agree that you will not:
7.5.1 Use the System for any harmful or nefarious purpose;
7.5.2 Use the System in order to damage Noc Noc;
7.5.3 Spam, solicit money from or defraud any users;
7.5.4 Impersonate any person or entity or post any images of another person without his or her permission;
7.5.5 Bully, "stalk", intimidate, assault, harass, mistreat or defame any person;
7.5.6 Post any content that it hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence;
7.5.7 Use another user's account;
7.5.8 Post any content that violates or infringes anyone's rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right;
7.5.9 Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person's personal information without his or her permission;
7.5.10 Impersonate any person or entity or post any images of another person without his or her permission;
7.5.11 Create another account if we have already terminated your account, unless you have our permission;
7.5.12 Post any content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; or
7.5.13 Use the System for any purpose that is illegal or prohibited by these terms and conditions.
7.6 You agree that any content you place or that you authorize us to place on the System may be viewed by other users and may be viewed by any person visiting or participating in the System (such as individuals who may receive shared content from other Noc Noc users).
7.7 You understand and agree that we may monitor or review any content you post as part of the System. We may delete any content, in whole or in part, that in our sole judgment violates these terms and conditions or may harm the reputation of the System.
7.8 You agree that Noc Noc may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to:
7.8.1 comply with legal process;
7.8.2 enforce these terms of service;
7.8.3 respond to claims that any content violates the rights of third parties;
7.8.4 respond to your requests for customer service; or
7.8.5 protect the rights, property or personal safety of Noc Noc or any other person.
7.9 Noc Noc reserves the right to investigate and/or terminate your account without a refund of any purchases if you have violated these terms of service, misused the System or behaved in a way that Noc Noc regards as inappropriate.
8 Notifications and Location-Based Features
8.1 Once you download the Application, you will be asked whether you would like to receive push notifications/alerts. If you choose to do so, push notifications/alerts will automatically be sent to you. You have the option to opt out by changing your notification settings on your device. Users can also unsubscribe from other forms of communications, such as emails, messages and so forth, by following the specific instructions included in these communications or by emailing us at firstname.lastname@example.org.
8.2 The Application provides certain services to you based on your location if you subscribe for Noc Noc Premium. In order to make these services available to you, the Application will determine your location by using GPS, Bluetooth or other software within your device. However, if you disable GPS, Bluetooth, or other location determining software within the Application, you will not be able to access such location-specific services and thereby effectively use Noc Noc Premium.
9.1 All the actions you make and information you post on Noc Noc remain your responsibility. Therefore, you agree, to the maximum extent permitted under law, to indemnify Noc Noc, its affiliates and respective employees from and against all Loss that Noc Noc suffer or incur as a direct or indirect result, arising out of, or relating in any way to your access to or use of the System, your content or your breach of these terms of service, including any failure of a person who accesses and uses the System by using the log in details supplied to you by Noc Noc.
10.1 The materials on the System are provided on an 'as is' and 'as available' basis. Noc Noc grants no warranties, expressed, implied or statutory and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
10.2 Noc Noc does not represent or warrant that:
10.2.1 The System will be uninterrupted, secure or error free,
10.2.2 Any defects or errors in the System will be corrected, or
10.2.3 That any content or information you obtain on or through the System will be accurate.
10.3 To the maximum extent permitted by law, in no event will Noc Noc, its affiliates, employees, service providers and its licensors be liable or have responsibility to you or any other person for any Loss suffered by you in connection with:
10.3.1 the use and access of the System;
10.3.2 the System being unavailable (in whole or in part) or performing slowly; any error in, or omission from, any information made available through the System;
10.3.3 any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the System. For the avoidance of doubt, you are responsible for ensuring the process by which you access and use the System protects you from this; and
10.3.4 any site linked from the System. Any link on the System to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
10.4 Noc Noc takes no responsibility for any content that you or another user or third party posts, sends or receives through the System.
10.5 To the maximum extent permitted by law, any content downloaded, accessed or used via the System is accessed at your own risk.
10.6 Noc Noc makes no representation or warranty that the System is appropriate or available for use in all countries or that the content satisfies the laws of New Zealand. You are responsible for ensuring that your access to and use of the System is not illegal or prohibited, and for your own compliance with applicable local laws.
11 Content on the System
11.1 You undertake to adhere to the terms of service of each Social Media Platform, except where such terms may require you to act contrary to these terms of service.
11.2 Apart from the content that you share as a user via the System, any other text, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on Noc Noc are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property rights. All rights, title and interest in and to such content remains with Noc Noc.
11.3 The materials appearing on, or accessed via, the System could include technical, typographical, or photographic errors. Noc Noc does not warrant that any of the materials on, or accessed via the System are accurate, complete or current. You agree that Noc Noc has no responsibility or liability for any materials accessed on a Social Media Platform via the System.
11.4 Noc Noc may delete, or make changes to, the materials on the System at any time without notice. However, Noc Noc does not make any commitment to remove, update or correct such materials.
12 User Feedback
12.1 Feedback is provided by users after completion of their interaction for the purpose of facilitating trading and interactions between all users of the System. Feedback you provide on interactions with other users must not contain offensive, defamatory, retaliatory or inappropriate language or content. Noc Noc may remove any feedback that we consider to be offensive, defamatory, retaliatory or inappropriate.
12.2 You may only give user feedback that relates to a specific interaction. You must not post feedback that does not relate to that interaction. After an interaction has been completed users can continue to communicate via the messenger and leave a star rating/review of each user's Doorway.
13 Noc Noc Premium
13.1 If you choose to purchase Noc Noc Premium, you agree to pay Noc Noc all charges at the prices displayed to you for the services you have selected as well as any sales or taxes that may be imposed on your payments. If you initiate a chargeback or otherwise reverse a payment made via our payment provider Stripe, Noc Noc may terminate your account immediately in its sole discretion.
13.2 We do not process or facilitate any Noc Noc Premium subscriptions. All Noc Noc Premium subscription payments are facilitated through Stripe. Noc Noc reserves the right to modify the price of the Noc Noc Premium subscription for users anytime.
13.3 If you purchase a Noc Noc Premium subscription through our System, your subscription will continue indefinitely until cancelled by you. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing, until you cancel. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in and go to "My Profile" on the System and follow instructions. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term and your subscription will not be renewed after your then-current term expires.
13.4 You may edit your payment method information by entering the System and using "My Profile". If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your payment method information or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated. This may result in a change to your payment billing dates. The terms of your payment will be based on your payment method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method.
14.1 Noc Noc may at its discretion add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations we may not provide you with notice before removal. We may potentially suspend the System entirely, in such an event we will notify you in advance unless safety/security concerns prevent us from doing so.
15 Suspension and Termination
15.1 Without prejudice to any other right or remedy available to Noc Noc, if we consider that you have breached these terms of service or Noc Noc otherwise considers it appropriate, we may immediately, and without notice, suspend or terminate your access to the System (or any part of it).
15.2 Noc Noc may at any time, by written notice to you, immediately terminate these terms of services and stop your access to the System.
15.3 You may terminate your account at any time, for any reason, by following the instructions in settings within the System.
15.4 On suspension or termination, you will not be entitled to any refund for purchase and you must immediately cease using the System and must not attempt to gain further access.
16 Entire Agreement
17.1 If Noc Noc needs to contact you, we may do so by email, posting a notice on the System or by sending a message to you via your Doorway. You agree that this satisfies all legal requirements in relation to written communications.
17.2 As Noc Noc is not a party to any transaction, sale or interaction between you and another user, you agree not to involve, or attempt to involve, Noc Noc in any dispute or in the resolution of disputes that arise between you and another user as a result of the Services provided. If you wish to take proceedings against another user, you can contact Noc Noc for a statutory declaration form, which must be completed before we will consider releasing anyone else's information to you. You may only request contact details for the sole purpose of making a claim.
17.3 These terms of service, and any dispute relating to these terms of service or the System, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these terms of service or the System.
17.4 For us to waive a right under these terms of service, the waiver must be in writing.
17.6 Clauses which, by their nature, are intended to survive termination of these terms of service continue in force.
17.7 If any part or provision of these terms of service is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these terms of service. The remainder of these terms of service will be binding on you.
17.8 These terms of service set out everything agreed by users relating to your use of the System and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these terms of service. You acknowledge you have not relied on any representation, warranty or agreement relating to the System that is not expressly set out in the terms of service, and no such representation, warranty or agreement has any effect from the date you agreed to these terms of service.
18 Defined Terms
18.1 Unless the context otherwise requires, in these terms of service:
Loss includes loss of profits, loss of business, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis.
Doorway means a registered profile for users to interact which can offer different types of services categories such as business, dating, trading and community doorways.
Services means any one of more of the services offered by Noc Noc Limited or Noc Noc's subsidiaries, including personal doorways, private messenger service, alerts, and any other service that Noc Noc may offer
Social Media Platform means Facebook, Google or any other social media platform later accessible via the System.
System means Noc Noc's website and mobile application