Vendor Terms & Conditions

LOVE IT LOCAL LIMITED

TERMS AND CONDITIONS

  1. Our aim 
    1. Our aim at Love It Local is to promote the following beliefs:
      1. buying local promotes the local economic wellbeing, including employment rates of our local communities;
      2. buying local reduces the use of fossil fuels and limits pollution;
      3. buying local promotes agriculture production, enterprise and traditional or non-mechanized production and use of fresher, high-quality ingredients;
      4. buying local promotes local social wellbeing and civic engagement for positive change at the local level; and
      5. buying local creates connections between people, their community and the land.
  2. love it local services
    1. We provide our Vendors with a virtual marketplace for the sale of New Zealand-made Goods and Services:
      1. Vendors can use our virtual marketplace to advertise a wide range of local Goods and Services.
      2. We simply provide a virtual location for local people and businesses to sell goods and provide services.
      3. When a Vendor receives a sale, they are entering into a contract directly with the Buyer. 
      4. That means we don’t:
        1. become a party to or other participant in any contractual relationship between the two parties;
        2. act as a broker or insurer;
        3. create or own any Goods and Services being sold on our Site;
        4. offer or supply any Goods and Services for sale;
        5. control or manage Listings, Goods or Services;
        6. participate in the transactions or actual sale or resale of Goods and Services;
        7. act as an agent for either party to a transaction or sale; 
        8. act as an organizer or retailer of listed Goods and Services; or
        9. take part in the actual delivery of Goods and Services.
    2. If a Vendor uses the Site the relationship with Love It Local Limited is limited to being an independent, third-party contractor:  Vendors are not an employee, agent, joint venturer or partner of Love It Local Limited for any reason, and they act exclusively on their own behalf and for their own benefit, and not on behalf, or for the benefit, of Love It Local Limited. We do not, and shall not be deemed to, direct or control Vendors generally or in their performance under these Terms specifically, including in connection with their provision of Goods and Services. Vendors need to acknowledge and agree that they have complete discretion whether to list Goods and Services or otherwise engage in other business or employment activities.
    3. It’s important to us that our virtual marketplace is safe:  Vendors must not act in any way that is dishonest, harmful or offensive.
      1. Operators, whether Vendors or Buyers, will only use our Site if they trust other Operators and feel confident in the community on the Site. We can’t pre-screen Listings or monitor our entire Site, but if we become aware of any misuse of our services, we’ll take the appropriate action. This could be issuing a warning, removing content, disabling an account, banning a Vendor, or contacting the relevant authority.
      2. We may limit your activities on our Site based on your off-site conduct, such as criminal convictions, insolvency, or any other conduct that puts our community or systems at risk.
      3. You agree that we may disclose your personal information, including your name and contact details, as well as any transactional records, Site interactions or other relevant information, to the relevant authorities, parties and/or intellectual property rights holders.
      4. We may, without prior notice, take appropriate action such as removing or disabling access to any content:
        1. we deem to be in violation of applicable law, these Terms or our then-current policies and standards;
        2. that is inappropriate;
        3. that does not align with our brand values;
        4. that negatively impacts on the brand, look and feel of the Site;
        5. that otherwise may be harmful or objectionable to Love It Local Limited, its Operators, third parties, or property;
        6. repeatedly uploaded by a Vendor that has not followed the Love It Local Photo Guidelines;
        7. including obviously imported Goods uploaded to the Site;
        8. if we receive reports or complaints that a Vendor has failed to provide the Good and/or Service Listed; or 
        9. for whatever reason we decide.
    4. We provide you with a license to our intellectual property:  We grant you a limited non-exclusive, non-sublicensable, non-transferable and revocable licence to use our Site, but we own the Site and you can’t copy it. 
      1. The Site, Love It Local Limited Content, and Vendor Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of New Zealand. You acknowledge and agree that the Site and Love It Local Limited Content, including all associated intellectual property rights, are the exclusive property of Love It Local Limited and/or its licensors or authorising third-parties. The Vendor will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Love It Local Limited Content or Vendor Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Love It Local Limited used on or in connection with the Site and Love It Local Limited Content are trademarks or registered trademarks of Love It Local Limited in New Zealand and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Love It Local Limited Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
      2. We retain all of our intellectual property rights, including our rights in the software and source code used, to provide the Site and Services. You may not use, adapt, modify, reproduce, copy, store, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, publish or create derivative works from any part of the Site, or commercialise or on-sell any information obtained from the Site or our Services, without our prior written consent.
      3. No licenses or rights are granted to Vendors by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms.
    5. Our Services may change from time to time:  We may restrict the availability of the Site or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Love It Local Limited Site. We may improve, enhance and modify the Site and introduce new Services, features and functions from time to time. We can also suspend or stop providing a Service altogether.
  3. Your membership as a vendor
    1. Becoming a Vendor:  To use our services you’ll need to register. It’s free to become a Vendor on Love It Local, but we do have some eligibility terms. To become a Vendor you must:
      1. be at least 18 years old and able to enter into contracts;
      2. be a resident in New Zealand (unless we agree with you otherwise); and
      3. complete the registration process and provide true, correct and up-to-date information.
    2. Looking after your membership:  Please keep all your details up to date and hide your password. We may contact you to verify your details. Your membership is not transferable and can’t be sold, leased, lent or traded without our prior approval.
    3. How we will contact you:  We may contact you from time to time when we think something may be relevant and interesting for you. You can unsubscribe from most emails.
    4. Ending your membership:  You can end your membership at any time, and so can we.  
      1. If we have restricted or prohibited your access to our Services, we will have done this for a reason. You agree not to bypass these controls, for example, you agree not to create a new membership. If we have explained why your access to our Services has been restricted or prohibited, we reserve the right to cease further correspondence with you.
      2. If your membership is terminated by either of us, your ability to access our Site will end and you must stop using our Services.
  4. vendor commitments
    1. Vendor Listing limited to parts of New Zealand:  Vendors must only list Goods and Services within the appropriate local authority area in which they or their business is located.
    2. No unauthorised access or extraction of data:  You may not use a robot, spider, scraper or other unauthorised automated means to access the Site or information featured on it for any purpose. You also may not manually scrape, harvest or otherwise extract data from our Site without our express permission.
    3. Stay onsite: You agree not to:
      1. use the Services or the Site to promote Goods or services for sale outside of the Services; 
      2. complete a transaction, that started on Love It Local, outside of the Love It Local process; or
      3. seek to avoid our process. For the same reason, you mustn’t list your contact details anywhere other than in the relevant fields provided during the Listing process.
    4. If you post or upload any content to our Site, we have the right to use it: We may hold on to copies of your Listings even after you delete your membership. Our licence doesn’t affect your own rights to your content.
      1. You confirm that you either own or have permission to use all of the content that you post and upload when using our Services.
      2. By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Vendor Content on or through the Site, you give us a licence or right to use your content so we can improve and provide our Services. This is called an intellectual property licence under which you grant a limited, non-exclusive, transferable, sublicensable, royalty-free, irrevocable, perpetual and worldwide licence to us, to use, store, copy, display, reproduce, modify, distribute, publish, transmit, stream, broadcast, create derivative works, and otherwise exploit and save Vendor Content in any manner and on any media or platform to promote, improve and provide our Services and Site.
      3. To promote the Love It Local Limited Site and to increase the exposure of Listings to potential users, Listings and other content provided by Vendors may be displayed on other websites, in applications, within emails, and in online and offline advertisements. We may store the Listing so that we can help you re-list it in the future if it did not sell. We may use the content for marketing purposes, or we may store and use the content for our own internal purposes, to help us improve our Services. We won’t use your trade marks or logos without your express permission. 
  5. Listing and Selling goods and services
    1. Our Commission:  Vendors selling goods or services that can be purchased on the Site will pay Love It Local commission of 10% of the sale price of each Good and/or Service sold unless expressly agreed otherwise. We reserve the right to adjust the commission percentage from time to time, on notice. 
      1. To list on the Site, Vendors are required to submit their valid bank account details on the appropriate registration form. All Buyer payments will be registered in the respective Vendor’s Love It Local account after 10% commission is deducted and paid to Love It Local. A Vendor’s Love It Local account can be viewed by a Vendor who is logged into the site using their respective ‘Vendor Dashboard’. A withdraw of the total balance from all Vendor’s Love It Local accounts to their nominated bank account will be automatically initiated on a weekly basis . A valid withdraw will take 4 to 7 days to process and arrive at the Vendor’s registered bank account. Stripe is the payment gateway for Love It Local.
    2. Listing prices must include GST: You are responsible for your own taxes.
      1. If you are GST registered Vendor and are based in New Zealand or you are a tax resident of New Zealand under GST law in New Zealand, you must list your Goods and Services in New Zealand dollars and include GST (if any) in the price.
    3. Keep it Local:  Love It Local proudly promotes that the Goods and Services sold on its marketplace are local and ‘made in New Zealand’. The marketplace is intended for local Goods only and the Vendors warrant that Goods are local but we take no responsibility for this.  
      1. Vendors are responsible for ensuring key materials of a Good advertised for sale are sourced from New Zealand and / or a Good has been ‘substantially transformed’ in New Zealand, before advertising for sale on the Site. For example, we accept:
        1. clothing items that changed from fabric to garment in New Zealand;
        2. Goods that were substantially constructed or assembled in New Zealand;
        3. Goods that were substantially made or manufactured in New Zealand;
        4. an artwork / Good made in New Zealand from recycled materials some of which were originally sourced outside New Zealand; and
        5. a meal prepared locally using some ingredients sourced outside New Zealand.
      2. The above is not an exhaustive list of what is and is not made in New Zealand and the Vendor must comply with all laws, particularly the Fair Trading Act in relation to the origin or place of manufacture of goods.  
    4. Be precise and honest with your Listing:  All Listings must be accurate, in your possession, current, complete and include all relevant information. A Listing on Love It Local must include an accurate description of the Goods and/or Service, the terms of sale, payment terms, shipping methods and who is responsible for shipping costs. The Vendor will not post, upload, publish, submit or transmit any content that: 
      1. is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive;
      2. is defamatory, libelous, obscene, pornographic, vulgar or offensive;
      3. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; 
      4. is violent or threatening or promotes violence or actions that are threatening to any other person or animal;
      5. promotes illegal or harmful activities or substances; or 
      6. violates our policies.
    5. Photos:  Your Listing will be accompanied by appropriate photos and images that meet the Love It Local Photo Guidelines which focus on look, feel and quality presentation. If you do not follow the Love It Local Photo Guidelines, we reserve the right to not let you list on our Site.
      1. We may offer Vendors the option of having professional photographers take photographs of their Goods and Services, which are made available by the photographer to Vendors to include in their Listings with or without a watermark or tag bearing the words “Love It Local Limited Verified Photo” or similar wording.
      2. Vendors are responsible for ensuring that their Good and/or Service is accurately represented in any images that accompany their Listing and they are responsible for stopping the use of the images on or through the Love It Local Limited Platform if they no longer accurately represent the Listing.
      3. Where we are not the exclusive owner of images uploaded by Vendors, by using such images on or through the Site, the Vendor grants to us an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to their Listing or otherwise, without further notice or compensation to the Vendor. 
    6. Stick to the law:  You alone are responsible for all content that you make available through the Site, and for identifying, understanding, and complying with all laws, rules and regulations that apply to your use of the Services such as the Fair Trading Act 1986, the Harmful Digital Communications Act 2015, the Copyright Act 1994 and the Trade Marks Act 2002 (If you have questions about how New Zealand laws or Territorial Authority by-laws apply to your Listing(s) and Goods or Services on the Site, you should always seek legal guidance): 
      1. you warrant that you have the right to create the Listing, e.g. don’t list Goods that you are not the sole and exclusive owner of; 
      2. you alone are responsible for identifying and obtaining any required licenses, permits, or registrations for any Goods and Services you offer; 
      3. you have all rights, licenses, consents and releases that are necessary to grant to us the rights in and to such Vendor Content, as contemplated under these Terms;
      4. it must be legal to sell or offer the Goods and/or Services; 
      5. Goods must meet any relevant safety standards; and
      6. certain types of Goods and/or Services may be prohibited altogether
    7. We may contact you to ask for information about your Listings: We may ask you to provide some proof that Goods you have listed are in your possession, made in New Zealand, and meet any relevant safety standards or laws.
    8. We really want to maximise exposure and therefore sales for you:  If you list a Good and/or Service in a particular category, but we consider that it might fit more naturally in a different category, we may contact you to negotiate which category is best suited for your Good and/or Service to be listed in to achieve the greatest impact.
    9. We would like our marketplace to be filled with relevant Goods and Services:  To ensure our marketplace is filled with Goods and Services that there is demand for, we may cap your number of Listings or suspend Vendors to help achieve this. To achieve this, we may suspend Vendors whose rate of sales is too low.
  6. Resolving disputes
    1. Dispute with a trade or another Member:  Try and resolve disputes direct with the other member involved. 
    2. Disputes with Love It Local or our Services:  Please contact us if you have a dispute with us, we’ll try our best to sort it out with you informally. If we can’t come to a resolution, then each of us can pursue other options, such as those listed below.
      1. If we haven’t been able to resolve a dispute informally, either party can look to resolve a dispute or seek any remedy available through any legal method available.
      2. If you have concerns about any Love It Local advertising, you can submit these to the Advertising Standards Authority
      3. These Terms are governed by the laws of New Zealand. If there’s a dispute, it will be resolved in New Zealand.
    3. Our Site and Services may occasionally be unavailable:  Due to the nature of the Internet, we cannot guarantee the continuous and uninterrupted availability and accessibility of our Site.
      1. We do our best to ensure the security and performance of our Services but we don’t guarantee that our Services will be 100% secure, uninterrupted or error-free. We provide our Services on an ‘as is’ basis, without any warranty of any kind. Your use of our Services is at your own risk. We exclude and disclaim all implied warranties, to the extent that we legally can, such as fitness for purpose, merchantability and non-infringement.
    4. We limit our liability to you:  We are not liable if something outside of our control goes wrong. You are responsible for your use of our Services, and any loss or damage that results from that use to the maximum extent permitted by law.
      1. We won’t be liable to you or any other person in connection with the Services, this Site, your use of the Services or Site, or another Operator’s acts or omissions, whether for negligence, breach of contract, breach of statutory duty or otherwise. We won’t be liable for any loss or damage, whether direct or indirect. We won’t be liable for loss of profits, loss of business or anticipated savings, general or special damages, or consequential or incidental loss.
    5. We’re not responsible for how you act on our Site:  We aren’t responsible for your conduct, or the conduct of others. We do not check every Listing, feedback or other communication before it’s posted on our Site. Because of this, we take no responsibility for any misconduct of our Operators. For example, we are not liable if:
      1. a Listing is inaccurate or untrue (including any false claims that Goods are made in NZ); or
      2. a Buyer fails to complete a transaction or payment. 
    6. If our Terms are breached, we have broad rights and remedies:  There is a range of things we may do if you breach these Terms, or if we believe your conduct is harmful to the Love It Local community.
      1. Without limiting any other rights available to Love It Local, we may limit your activities on the Site, remove your Listings or other content, warn other Operators of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our Services to you (and your affiliates), if you breach our Terms, or where we consider it appropriate.
    7. You will indemnify us if you cause loss to Love It Local:  If we incur a cost because of your use of our Services, or because of something you have done, you agree to cover those costs. You agree to indemnify us against any claim made by you or any third party that is in any way related to: 
      1. your access to or use of our Services; 
      2. your failure to complete a transaction; 
      3. your breach of these Terms; or 
      4. any content or Goods and/or Services that you submit, post, transmit or make available through our Services. 
  7. our terms generally
    1. These Terms govern your use of our Services, and are the Terms under which we offer our Services to you:  Please read them carefully and ensure you understand them.
      1. The Terms make up the entire agreement between us in relation to our Services.
      2. By looking at our Site, using our Services or registering as a Vendor of Love It Local you are agreeing to these Terms. If you don’t accept our Terms, you must immediately stop using our Services or looking at our Site.
    2. Understanding our Terms:
      1. Headings are provided only to make these Terms easier to read and understand. 
      2. Where we have provided examples to explain what we mean, or where we say ‘includes’ or ‘including’, the examples given may not be all possible examples. 
      3. If it turns out that part of these Terms isn’t enforceable, then that part will be removed or edited as little as possible, and the rest of the Terms will continue to apply.
      4. Some words used in these Terms have specific meanings. We have set these out below:
        1. Buyer(s) means any person purchasing Goods and/or Services listed on Love It Local;
        2. Collective Content means Love It Local Limited Content together with Vendor Content;
        3. Goods and/or Services(s) means takeaways, meals and specialty products, fruit, vegetables, drink, clothing, footwear and accessories, repairs and maintenance, house and garden, health and wellbeing, animals, vehicles and services that may be bought or sold;
        4. Listing means a listing on the Site through which you offer, sell or advertise any Goods and/or Services;
        5. Love It Local Limited Content means any content that we make available on or through the Site, including proprietary Love It Local Limited content and any content licensed or authorised for use by or through Love It Local Limited from a third party;
        6. Operator means a registered member of Love It Local;
        7. Vendor Content means text, photos, audio, video, or other materials and information that we allow Vendors to create, upload, post, send, receive and store on or through the Site at our sole discretion;
        8. Vendor includes any person placing a Listing for the sale of Goods and/or Services;
        9. Services means any one or more of the services offered by Love It Local;
        10. Site means any Love It Local website or application through which the Services are offered.
        11. Terms means these terms and conditions;
        12. We, us, our and Love It Local are a reference to Love It Local Limited; and
        13. You and your are a reference to you.
    3. We reserve the right to modify our Terms at any time: If we make changes to these Terms, we will post the revised Terms on the Site. We will also provide Vendors with notice of the modifications by email at least thirty (30) days before the date they become effective. If the Vendor disagrees with the revised Terms, they may terminate this Agreement with immediate effect and stop using the Site.