1. TERMS AND CONDITIONS
Welcome to the Live Love Lend site which provides a platform for members to rent, buy, sell and give away items to each other.
1.1. Acceptance of terms and conditions: These terms and conditions form a legal agreement (Agreement) that set out our, and your, rights and obligations in relation to the Site. Please read this Agreement and the Code of Conduct carefully before registering to use the Site. By using the Site you agree to follow and be bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions in this Agreement, you must not use the Site.
1.2. Changes to the terms and conditions: This Agreement may be varied by us at any time, effective upon the posting of modified terms on the Site or as otherwise notified to you in writing (including by email). You will ensure that you have read, understood and agree to the most recent terms posted on the Site or as otherwise notified to you.
These terms and conditions were last updated 16 May 2019
1.3 Definitions and Interpretation: In this Agreement, the following expressions have the meaning set out below;
‘Account’ means the online profile you create with us that is accessible via the Site;
‘Account Information’ means the details provided by you as part of registering an Account and includes your name and contact information;
‘Agreement’ means these terms and conditions;
‘Borrower’ means a member who rents, or is interested in renting, an Item from an Owner;
‘Buyer’ means a member who buys, or is interested in buying, an Item for sale or being given away from an Owner;
‘Code of Conduct’ means our policy in respect of behaviour expected from Users of the Site;
‘Feedback’ means the rating and comments submitted by a User in relation to another user after the successful completion of a rental or sale;
‘Item(s)’ means the good that may be rented or sold by the Owner through the Site;
‘Listing’ means the post containing information about the Item for rent or sale;
'Listing Guidelines' means our policy with respect to what items can be listed on the site;
‘Member’ means a person or entity who has registered to use the Live Love Lend site;
‘Messages’ means the communication between two Users through the Site;
‘Owner’ means a Member who wants to, or is interested in, selling or renting an Item and who is entitled to do so;
‘Site’ means the website found at livelovelend.co.nz and other subdomains;‘Success Fee’ means the fee payable by an Owner to us;
‘Sustainability Criteria' means the rules that products need to meet in order for an Owner to become an approved seller within the Sustainability Shop;
‘Sustainability Shop' means the category within the website where approved members can sell new products meeting our sustainability criteria;
‘User’ means an individual or entity that accesses and/or uses the Site, whether in the capacity of an Owner or Borrower; buyer or seller;
‘User Details’ means the username, suburb you live in and any photos of yourself uploaded as part of the account registration;
‘User Generated Content’ means any content posted on or via the Site that is generated or uploaded by a User, and includes Listings, Messages and Feedback;
‘we’, ‘us’ and ‘our’ are a reference to Live Love Lend Limited and
‘you’ and ‘your’ refers to you, the individual or entity that accesses and/or uses the Site.
2. SPECIFIC WARNINGS
2.1. The Services: Live Love Lend provides a venue to connect Users who want to buy/sell, give away or rent items off each other. Live Love Lend does not take any part in the sale of or rental of items other than by providing our Website as a venue for Users. If a transaction for rent or sale is accepted by an Owner, a contract is formed between the Buyer or Borrower and the Owner. We do not act as agent for either party and do not participate in any sale or transaction, including provision of goods, agreements or dispute resolution, between you and other Users.
2.2. At your own risk: Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree to take all necessary precautions when meeting other Users. You agree that Live Love Lend takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you. Live Love Lend gives no undertakings, representations, or warranties in relation to items listed for rent or sale on the Website including;
(a) ownership of any item;
(b) as to the content, safety, description, worthiness, quality, or legality of the items that are listed on the Website;
(c) as to the accuracy or truth of listings;
(d) that any item will meet your requirements or expectations; or
(e) about the ability of members to complete a transaction, including credit card transactions.
(f) product claims by members listed under the Sustainability Shop
2.3. Disclaimer: You expressly understand and agree that;
(a) your use of the Services is at your sole risk. The Website and Services are provided on an "as is" and "as available" basis.
(b) while Live Love Lend may facilitate payment (via PayPal) for items by credit/debit card or PayPal account, Live Love Lend is in no way involved in the transaction itself, and responsibility for any refund rests with the Owner (see refund policy)
2.4. Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Live Love Lend to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, another Member's acts or omissions, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Live Love Lends liability and responsibility is excluded in respect of any and all loss, damage or injury, regardless of cause or origin, on any basis whatsoever. If notwithstanding the foregoing, we have any liability to you for any form or loss, damage or injury, then the maximum extent permitted by law, our maximum aggregate liability to you will not exceed the total amount you have paid to us through the Site.
2.5. Indemnity: You will indemnify us against all costs, losses, expenses and damages incurred through any claims against us resulting from your use of the Site, your failure to comply with this Agreement, your failure to complete a transaction or your use of User Generated Content.
3. ACCOUNT REGISTRATION
3.1. Registering an Account: In order to list, rent or buy an item from the Site you must register an Account. In doing so you will be asked for the following information;
(a) Account Information which includes your first and last names, address and contact details. This information is not available to other Users
(b) User Details which includes a username and the suburb you live in. If you wish you can also upload a photo. This information is available for all Users to see.
3.2. Accuracy of Information: You are responsible for providing accurate, current, and complete Account Information. We may, either during or after registration of your Account, request further Account Information from you and/or use third party services to verify your Account and/or your identity. You are required to keep your information correct and up to date when any of your information changes.
3.3. Eligibility: By using the Site and/or registering an Account, you represent and warrant that you are at least 18 years of age.
3.4. Termination: We may terminate your Account if;
(a) you breach any provision of this Agreement, our Code of Conduct, Refund or Feedback policies or list items that are not in keeping with our Listing Guidelines;
(b) you do not honour any Booking that you are a party to;
(c) if we receive serious or multiple complaints about you from other Users;
(d) if we find that you have made false claims or representations of your product(s) listed in the Sustainability Shop
You may terminate your Account (and this Agreement) at any time by deleting your Account. You must continue to honour any Bookings that you are a party to, which are still in existence at the time you delete your Account.
4.1. Posting a listing: If you are an Owner you can list your Item on the Site for rent, sale or to give away by posting a new listing. The Listing will include your User Details and is shown to all other Users. All compulsory fields must be completed. Non-compulsory fields are optional but may be useful to provide Users additional information that may help you gain rental requests or facilitate a sale. Prior to posting a listing you should review the Listing Guidelines to ensure the item you are listing meets the quality requirements for the site. We may decline to post your listing or remove a listing which does not meet these guidelines.
(a) If renting out an item you will be asked to add an approximate value of the Item. This value is agreed by the Borrower and is the amount they agree to pay if damage beyond reasonable wear and tear occurs.
4.2. Accepting a listing: As the Owner it is your choice as to who you rent your Item to and any specific terms which you may agree with the Borrower. When handing over the Item to the Borrower it is recommended that you take additional steps to ensure you are comfortable with whom you rent your Item to. This could include taking a photograph or copy of an up to date identification (for example a Drivers Licence or Passport).
4.3. Editing or removing a listing: We reserve the right to edit and/or remove any information you include in your Listing and verify your Listing as we consider necessary to validate the warranties you give.
4.3. Listing in the Sustainability Shop: Members must apply and be approved to list their products within the Sustainability Shop. Products must meet our Sustainability Criteria.
5. OWNER OBLIGATIONS
5.1. Obligations as an Owner: If you are an Owner you agree that;
(a) you are the owner of the Item in your Listing, or you have the authority of all relevant owners to create the Listing;
(b) your Listing does not contain any Item that is stolen, unsafe or unfit for purpose; and
(c) your Listing is accurate, current, and complete, including the description of its quality and condition, and any photos show an accurate representation of the Item. We may, either during or after the creation of your Listing, request further information from you and/or use third party services to verify your Listing;
(d) you will provide the Item to the Borrower or buyer in the condition described in your Listing at the time agreed with the Borrower/ buyer.
(e) you will provide reasonable instructions to the Borrower/ buyer on how to use or operate the Item;
(f) you have reviewed the Listing Guidelines and that the item you are listing meets the requirements; and
(g) comply with any other terms you have agreed with the Borrower in relation to the rental of the Item.
6. BORROWER/BUYER OBLIGATIONS
6.1. Obligations as a Borrower or Buyer: If you are a Borrower or Buyer you understand that the Items listed, with the exception of the Sustainability Shop, are typically used items and will not be in brand new condition. You are responsible for any injuries, accidents or loss of any kind which may occur while the Item is in your possession/once you own the item. You as the Borrower or Buyer use the Item at your own risk.
6.2. Specific obligations for Borrowers: As a Borrower you will (unless otherwise agreed with the Owner):
(a) keep the Item safe and secure against theft, loss of damage while it is in your possession
(b) immediately report any theft, loss or damage of the Item to the Owner;
(c) return the Item to the Owner at the agreed time
(d) keep the Item in your possession or control and will not attempt to sell, pledge, charge, hire out or otherwise deal with the Item;
(e) reimburse the Owner for any repair or the full agreed value of the Item arising out of any theft, loss or damage while in your possession;
(f) comply with any other terms you have agreed with the Owner in relation to the rental of the Item.
7. SHIPMENT OF ITEMS
7.1. Shipment terms are to be agreed between the Owner and Buyer or Borrower. Unless otherwise agreed the Owner is responsible for the shipment of the Item and any damages which may occur during transit. The Borrower is responsible for the return of the Item including any damages which occur during shipment. It is recommended that shipments are made with a courier which uses track and trace and signature on arrival. Disputes with shipment should be resolved between the Owner and the Buyer/Borrower and the third-party transport company.
8. USER GENERATED CONTENT
8.1. Communication requirements: With respect to all Listings, Messages and other communications provided through the Site you agree not to;
(a) publish or transmit any personal information provided to you by another User other than for the specific purpose that person provided the information to you for
(b) harass, annoy, threaten or intimidate any other User;
(c) provide false, misleading, defamatory, inaccurate or objectionable content
8.2. Messaging System: The messaging system should only be used for the purposes of enquiring about or facilitating a sale or rental request.
8.3. Feedback: After a rental or sale transaction has been completed both the Owner and the Buyer/Borrower will be able to place feedback about each other. All feedback must adhere to the Live Love Lend Feedback Policy. Any breaches of this may result in termination of your Account.
8.4. Acknowledgement: You acknowledge and agree that:
(a) we do not control, and therefore are not responsible for, any communication between you and any other User that may have been initiated as a result of use of the Site;
(b) we in no way endorse or necessarily agree with the views expressed in User Generated Content. You acknowledge that you use and rely on the User Generated Content obtained through the Site at your own risk;
(c) We may at any time refuse to post, edit or remove User Generated Content that we in our absolute discretion (acting reasonably) consider breaches the terms of this Agreement or is otherwise inappropriate for the Site;
(d) Where you publish or upload User Generated Content on the Site, you are deemed to have granted us a non-exclusive, perpetual and worldwide licence to use such content on, and in relation to, the Site.
9. FEES AND PAYMENTS
9.1. Payment: When a sale or rental transaction is made, the Borrower/Buyer will pay the applicable rental or sale rate directly to the Owner through PayPal. There are no fees for item that are being given away.
9.2. Fees: Prior to listing an item you should ensure that you are aware of the fees that will be incurred including the Success Fee and PayPal’s transaction fees. Details of these fees can be found on our Website. We may at any time change the fees payable for use of the Site.
9.3. Success Fee: Live Love Lend charges a fee, when a sale or rental transaction is accepted by the Owner and we are notified by PayPal that the payment has been processed, for the use of the Site as a venue. If you are an Owner, you authorise us to request the payment of the Success Fee from PayPal using the account you have nominated.
9.4. PayPal Transaction Fee: PayPal will deduct a transaction fee from the amount paid by the Borrower or Buyer to the Owners PayPal account. PayPal’s fees are set independently and may be varied. Current fees can be found on their website.
9.5. Setting rates: When setting rates and minimum time periods for rentals you should consider the fees listed above, as minimum fees apply. The amount you sell or rent an item for should cover the minimum fees in order for you to make any money on the transaction.
9.6. Refunds: To the maximum extent permitted by law, any amount paid and/or payable by you under this Agreement is non-refundable. If there is an issue with your sale or rental transaction then you must contact the other party to resolve that issue. Our Refund Policy sets out when refunds should be provided. Any refund of the Success Fee made in accordance with our refund policy is done so entirely at our discretion.
9.7. Avoidance of fees: you will not complete a sale, rental or any other transaction of a similar nature outside of the Site process, or make any other attempt to avoid any fees payable by you to us or any other person under this Agreement
10. DISPUTE RESOLUTION
10.1. Resolution of disputes: As Live Love Lend is not a party to any sale or rental transaction between you and another member, you agree not to involve or attempt to involve, Live Love Lend in any dispute or in the resolution of disputes that arise between you and any other User.
11. LICENCE AND ACCESS
11.1. Access: We grant you a non-exclusive, non-transferable, revocable right to access and use the Site for the term of this Agreement solely for your own use on the terms and conditions set out in this Agreement.
11.2. Site availability and system integrity: We will use reasonable endeavours to make the Site available to you on and subject to the terms of this Agreement. However, we take no responsibility for any system unavailability, or for any loss that is incurred as a result of the Site or Services being unavailable. Further, we assume no responsibility for the corruption of any data of information held by us.
11.3. Changes to the site: We may at any time modify, discontinue or restrict access to the Site (or any part of it), temporarily or permanently with or without notice to you. To the extent permitted by law, you agree that we will not be liable to you or to any third party for any modification, discontinuance or restriction of the Site.
11.4. Your obligations:
(a) You agree to keep any logins and passwords that are required to access your Account or any part of the Site confidential and secure. You agree that you will not allow any other party to access your Account and that you are fully responsible for all activities that occur under your Account.
(b) You must not damage, interfere with or harm the Website services, or any network, or system underlying or connected to them, or attempt to do so.
(c) You may not use a robot, spider, scraper or other unauthorised automated means to access the Website or information featured on it for any purpose
(d) You will not, except to the extent expressively permitted under this Agreement, attempt to copy, modify, duplicate, create derivate works from, frame, mirror, republish, display, transmit, or distribute all or any portion of the Site in any form or media or by any means
(e) You will not access the Site in order to build a product or service which is the same or similar to the Site or which otherwise competes with the Site.
(f) You will not access, store, distribute or transmit any viruses through the Site, and we may, without liability to you, disable your access to the Site if you are in breach of this clause.
12.1. Acknowledgement: you acknowledge that
(a) we have no obligation to verify the identity of, Users, or screen any User Generated Content. We have no control over the accuracy, reliability, or completeness of User Generated Content and we make no representations or warranties as to such User Generated Content; and
(b) the Site may contain links to websites and resources provided by third parties, and that these links are provided for your information only. We have no control over the content on those websites or resources, and accept no responsibility for any loss or damage that may arise from your use of them
(c) we are not liable for any loss or damage caused to any Item during a rental transaction and you take full responsibility for risk of loss or damage to items during a rental transaction
12.2. Warranties: you warrant that;
(a) you will use the Site in utmost good faith and will honour all transactions that you are a party to;
(b) you have the right to enter into a transaction in the capacity as an Owner, Borrower or Buyer, whichever you represent yourself to be;
13.1. Intellectual property rights: You acknowledge and agree that we own all Intellectual Property Rights in and to the Site. Except as expressly stated in this Agreement, this Agreement does not grant you any Intellectual Property Rights in or to, or any other rights or licences in respect of, the Site.
13.2. Force Majeure: Live Love Lend has no liability for any lack of performance, unavailability or failure of the Services or Website, or for any failure of Live Love Lend to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Live Love Lend.
13.3. Agreement: This Agreement constitutes the entire agreement between you and us in relation to the Site and supersedes any previous understanding or agreements on that subject matter. You will not assign, transfer or otherwise deal with this Agreement or any of your rights or obligations under this Agreement, whether in whole or in part, without our prior written consent.
13.4. Partial invalidity If any part or a provision of this Agreement is judged invalid or unenforceable in a jurisdiction it is severed for that jurisdiction and the remainder of this Agreement will continue to operate.
13.5. No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions it does not constitute a waiver of those rights.
13.6. Governing Law: This Agreement will be governed by and construed in accordance with the laws of New Zealand. Should you wish to take any action against us in respect of the Site and/or this Agreement, you agree that any such action will be commenced only in the New Zealand courts, which courts will have exclusive jurisdiction over such actions and proceedings
By ticking this box I am agreeing to the terms and conditions of Live Love Lend and I agree to the Live Love Lend Code of Conduct.