General Terms and Conditions of Use of the Blacklist Website
The following terms and conditions (Terms) apply to all users of http://www.nzblacklist.co.nz/ (the Site) and to all services provided through the Site by New Zealand Blacklist Limited (Blacklist) By using the Site you will be deemed to agree to these Terms. If you do not agree to be bound by these Terms, you should stop using the Site.
1. Use of the Site
Blacklist provides the Site to link individuals and businesses (Registered Clients) with debt collection businesses (Registered Collectors). Registered Clients advertise outstanding debts on the Site enabling Registered Collectors to tender for the rights of collection. To use the Site and its functions as a Registered Client or Registered Collector on the Site, you must register and agree to the terms of the Membership Agreement.
2. User Conduct
Whether you are a Registered Client or Registered Collector or not, when using the Site you must not:
(a) defame, abuse, harass, stalk, threaten, breach the confidence of or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(b) post any inappropriate, defamatory, untrue, offensive, malicious, infringing, obscene, indecent, threatening or unlawful content;
(c) post any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party;
(d) post any files that contain viruses, corrupted files, or other programs that may damage the operation of another's computer;
(e) impersonate any other person, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a posted file;
(f)interfere with or disrupt networks connected to the Site or otherwise prevent any other person from using the Site;
(g) conduct or forward competitions, surveys or chain letters;
(h) attempt to modify, reverse-engineer or reverse-assemble any part of the Site;
(i)attempt to gain unauthorised access to any Membership of the Site or any other restricted section or function of the Site through password mining or any other means;
(j)send any unsolicited electronic messages (i.e. spam) or other advertisement or promotional material; or
(k) commit or encourage a criminal offence.
3. Liability
Whilst reasonable care has been taken to ensure that the site will operate error-free and that facts stated on the Site are accurate and the opinions given are fair and reasonable, neither Blacklist nor any of its employees, to the fullest extent permitted by law, will in any way be responsible for any:
(a) inaccuracies or misstatements on the Site; or
(b) interruptions or errors encountered when using the Site,
Blacklist will not be liable whether in contract, tort (including negligence) or otherwise for any loss or damage however caused (whether direct, indirect, consequential, special, or loss of profits).
4. Proprietary Rights in Content and Confidentiality
All intellectual property in the content on the Site, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files is the property of Blacklist and may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Blacklist’s prior written consent, except that you may print, or download to your hard drive, extracts from the Site only for your own use.
5.Content and Blacklist’s right to monitor
Blacklist do not control or endorse and are not responsible for the content posted by Registered Clients or Registered Collectors on the Site, and Blacklist has no obligation to monitor content. However, Blacklist may:
(a) review the Site and delete or remove any content that is in breach of these Terms; or
(b) disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any content.
If you are dissatisfied with any of content on the Site, you should notify Blacklist and discontinue use of the Site.
6.Linking
The contents of the Site may include links to third party materials (“linked sites”). Blacklist will not be responsible for the contents of any linked site or liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties. These links are provided to you only as a convenience, and the inclusion of any link does not imply Blacklist’s endorsement of the website or any association with its operators. Blacklist reserves the right to prohibit links to the Site and you agree to remove or cease any link upon Blacklist’s request. You may not frame any part of the Site material by including advertising or other revenue generating material.
7.Advertisers
Any dealings with any advertiser appearing on the Site are solely between you and the advertiser or other third party. Blacklist is not responsible or liable for any part of any such dealings or promotions.
8.Disclaimer
The Site makes information and material available to you as a service. Use of the Site material is at your own risk. Blacklist is not responsible for any adverse consequences arising out of the use of information contained on the Site. The material provided on the Site has not been prepared by taking into account the particular objectives, situation or needs of any individual users. You should assess whether it is appropriate in light of your own objectives, situation and needs. Blacklist does not give any warranty of accuracy or reliability of information contained on the Site to you or any other person. To the extent permitted by law Blacklist excludes all responsibility for such material.
9.Exclusion of warranties
The Consumer Guarantees Act 1993 may confer rights and remedies on you which cannot be excluded, restricted or modified. However, Blacklist excludes to the fullest extent permitted by law all other warranties, descriptions, representations or conditions whether implied by law, trade, customs or otherwise in relation to the Site. The Consumer Guarantees Act 1993 does not apply to businesses using the Site.
10. Termination of access
Blacklist may terminate your access to any part of, or all of the Site at any time for any reason without notice. Blacklist reserves the right to cease operating the whole or any part of the Site at any time.
11. Changes to Terms
Blacklist reserves the right to change these Terms at any time by notifying users of the existence of revised Terms through the Site. By continuing to access the Site, you agree to be bound by the amended Terms.
12. Changes to the Site
Blacklist may at any time without notice remove, amend and/or vary any of the content on the Site or cease operating the Site in whole or in part.
13. Waiver
If at any time Blacklist does not enforce any of these Terms or grant you time or other indulgence, Blacklist will not be construed as having waived that Term or Blacklist’s rights to later enforce that or any other term.
14. Severability
If any provision of these Terms is invalid or unenforceable the remaining provisions will remain in full force and effect.
15. Governing Law
These Terms are governed by New Zealand law and you agree to submit to the exclusive jurisdiction of the New Zealand Courts. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Blacklist Membership Agreement
Blacklist welcomes you to join our community of members, allowing you full access to the Members’ sections of the website located at www.blacklist.co.nz (the "Site").
Blacklist provides the Site to link individuals and businesses (Registered Clients) with debt collection businesses (Registered Collectors). In this Agreement Registered Clients and Registered Collectors are both called Members.
Registered Clients advertise outstanding debts on the Site enabling Registered Collectors to tender for the rights of collection.
Access and use of the Members’ sections of the Site are provided by Blacklist to the Member on the condition that the Member accepts the terms and conditions of this Agreement and by accessing or using the Members’ sections of the Site the Member agrees to be bound by the terms of this Agreement.
The headings in this Agreement are solely for convenience of reference and will not affect its interpretation.
1. Membership
1.1 Where a person wishes to join Blacklist to advertise its debts on the Site it will register as a Registered Client of Blacklist and provide all the requested details in the “List a Debt” tab. Where a debt collection agency wishes to join to tender for debts it will register as a Registered Collector of Blacklist and provide all the requested details in the ‘Tender for Debts’ tab.
1.2 The Member warrants that:
(a) the information provided on the registration form (Membership Information) is current, complete and accurate;
(b) it will maintain and update this Membership Information as required to keep it current, complete and accurate;
(c) the user identification provided by the Member to Blacklist (Member Name), and the password used by the Member with the Member Name are to be kept confidential;
(d) the Member is responsible for all activities that occur through the use of the Member Name and Blacklist may rely on any instructions and that all conduct carried out under the Member Name is conduct of the Member; and
(e) it will notify Blacklist immediately if it believes it’s Member Name and password are no longer confidential so that Blacklist can cease relying on that password.
1.3 Blacklist can reset a password but cannot access the password itself.2. Transaction Process and Services
2.1 Blacklist provides a venue to introduce Members who want to buy and sell debt collection services. Blacklist does not take any part in the sale of debt collection services other than by providing the Site as a venue. If a tender is accepted by a Registered Client, a contract of sale will be formed directly between the Registered Client and the Registered Collector. Blacklist does not act as agent for either party and does not participate in any tender or other transaction [including where use of the credit card service]. As a result, even though the process may be referred to as an auction, Blacklist is not an auctioneer (whether under the Auctioneers Act 1928 or otherwise).
2.2 Registered Clients may register any outstanding debt owed (the Debt) on the Site by filling out the ‘Register a Debt’ tab on the home page. The Registered Client must complete all the relevant fields with information about the Debt including the date by which any tender for the Debt will close. The identity of the Registered Client and the person or entity owing the Debt will be hidden from view on the Site but some limited standard information with respect to each Debt will be available in order to permit Registered Collectors to perform due diligence on the Debt.
2.3 Registered Collectors can post a question regarding a Debt on the Site. The Registered Client’s answer can only be viewed by the Registered Collector who posted the question.
2.4 Registered Collectors are authorised to tender their debt collection services on Blacklist and may browse and offer to recover Debt listed on Blacklist.
2.5 Registered Collectors can choose which, if any, Debts to tender for via the “Tender” tab next to each Debt. To tender for the Debt a Registered Collector must complete all details required by the [Tender form]. All tenders will be notified to the Registered Client through the Site and by email to the Registered Client’s nominated email address (each a Tender).
2.6 Where the Debt concerns an identifiable individual the Registered Client warrants that it has the necessary authorisation of the individual to collect and disclose the information to Blacklist and to the chosen Registered Collector.
2.7 Where a Tender is accepted or negotiation requested, the Registered Client’s details and the details about the Debt will be released to the Registered Collector who won the Tender or the Registered Collector with whom the Registered Client wishes to negotiate.
2.8 Registered Clients can choose not to accept any Tender. Where a Registered Client does accept a Tender, it must do so by clicking on the [“Accept” tab] next to each listed Tender. This acceptance will be notified to the Registered Collector on the Site and to the Registered Collector.
2.9 The Registered Collector who wins a Tender must pay a fee of 3.5% of the Debt to Blacklist (the Origination Fee) before the details of the Debt are released. Once payment of the Fee is received by Blacklist, the Site administrator will authorise the Tender and release the details of the Debt provided by the Registered Client to the Registered Collector. NZ Blacklist reserves the right to negotiate alternate payment methods and fees at its own discretion
2.10 The Registered Client may negotiate with several Registered Collectors regarding a Tender. Where a Registered Client wishes to negotiate with any Registered Collector it will notify Blacklist of this by the [“Negotiation” tab]. Registered Collectors will be notified of this request for negotiation on the Site and notification will be sent to the Registered Collectors.
2.11 Registered Collectors must then pay a fee of 1.5% of the Debt to Blacklist (the Introduction Fee) before the details of the Registered Client are released to allow for negotiation by the Registered Collector. NZ Blacklist reserves the right to negotiate alternate payment methods and fees at its own discretion
2.12 Transactions and all other contact between Members is conducted entirely at the Members own risk. Blacklist takes no responsibility for any misconduct of any of its Members including without limitation Members who have registered under false pretences or who attempt to defraud another Member. Blacklist gives no undertakings, representations or warranties in relation to any Debt tendered for on the Site including as to the accuracy of any listed Debt or about the ability of Registered Collectors to collect a Debt.
3. Rules of Conduct
3.1 All listings of Debt, tenders for Debt and communications made through the Site will be made in good faith.
3.2 Members must not complete transactions outside the Blacklist process or otherwise seek to avoid Blacklist’s Origination or Introduction Fees. This may result in membership being suspended or terminated.
3.3 Registered Clients do not have to sell to the lowest Tender but may choose any, or no Tender at their discretion.
3.4 Members agree to their email addresses and details being supplied to other Members when a Tender closes.
3.5 Tenders are not retractable once the Tender process has closed. If a Registered Collector is notified that its Tender was accepted, it must complete the transaction in the manner specified. By making a Tender the Registered Collector warrants that it has the legal right to enter into and complete the Tender.
3.6 The Member may only use this Site for lawful purposes and will not:
(a) use the Site in any manner that could damage, disable, overburden or impair the Site or interfere with any other person’s use and enjoyment of the Site;
(b) attempt to gain unauthorised access to any other Member’s accounts, computer systems or networks associated with the Site; or
(c) obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
4. Provisions Concerning Debt.
4.1 The nature of a Debt may change. Blacklist is authorised to remove a Debt from the Site until data comprising the Debt is modified to reflect such changes, is provided. On the receipt of modified data, Blacklist will re-list the Debt to reflect such changes. Any changed portfolio re-listed on Blacklist will be deemed to have been listed on Blacklist effective as of the date that the changed portfolio was re-listed as set out in this clause 4.
4.2 The parties acknowledge that the Registered Client owns all right, title and interest in and to all data listed by it on the Site.
5. Representations and Warranties.
5.1 Each Member warrants that:
(a) It has the power and authority to enter into and perform its obligations under this Agreement.
(b) Where it is a Registered Client, that it has complied with the Privacy Act and the Credit Reporting Privacy Code in its collection and disclosure of personal and credit information relating to an individual listed on the Site as owing a Debt to the registered Client, including that the Registered Client has obtained the necessary authorisation required under the Credit Reporting Privacy Code.
(c) This constitutes the Member’s binding obligation, enforceable against it in accordance with its terms.
6. Disclaimer
No warranty, express or implied, is made with respect to Blacklist, including any implied warranties of merchantability or fitness for a particular purpose. Blacklist does not warrant that the functions offered by Blacklist will meet a Member’s requirements, or will operate in the manner desired by the Member or that the Site will be error free, or free from unauthorised intrusion. Blacklist will not, under any circumstances, be liable to a Member or any other person for any special, incidental, consequential, or other damages resulting from the use of the Site, including reliance by any person on information obtained through the Site, virus transmission, or deletion or loss of files or e-mail, loss of data or information of any kind, loss of profit, or liability to third parties, however caused, whether by the act or negligence of Blacklist or otherwise.
7. Indemnity
Each Member releases and indemnifies Blacklist against all actions, claims, costs (including legal costs and expenses), losses, proceedings damages, liabilities or demands suffered or incurred by Blacklist in connection with the Member’s failure to comply with this Agreement, its failure to complete a Tender or its use of Blacklist’s question function.
8. Miscellaneous
8.1 The Site is controlled, operated and administered by Blacklist in Auckland, New Zealand. The Site can be accessed across New Zealand, and overseas. As each country has laws that may differ from those of New Zealand, Members acknowledge that this Agreement will be governed under the laws of New Zealand and agree to submit to the exclusive jurisdiction of the New Zealand Courts.
8.2 If Blacklist is required to issue proceedings to enforce any of its rights, or to collect any fees, the Member agrees to reimburse Blacklist for its legal fees, costs and disbursements.
8.3 Blacklist’s failure to insist on strict performance of any provision of this Agreement will not be construed as a waiver of that or any other provision.
8.4 If any provision of this Agreement is invalid or unenforceable the remaining provisions will remain in full force and effect.
8.5 No rights or obligations under this Agreement may be assigned without the prior written consent of Blacklist.
8.6 Any notice to be given in terms of this Agreement must be in writing made by email transmission sent to the last known email address provided by the Member on its registration details or by the Member to info@blacklist.co.nz. Any communication by email will be deemed to be received when transmitted to the correct email address of the recipient.
9.0 PRIVACY POLICY
NZ Blacklist respects your privacy and complies with the Privacy Act 1993 when collecting personal information. We will only collect and use personal information in connection with processing your registration/use of site and for marketing our services to you. All personal information remains with NZ Blacklist and will not be sold.
You are entitled to access the personal information NZ Blacklist holds about you, and amend it. If you would like to review or amend the personal information NZ Blacklist holds about you, please contact NZ Blacklist using the form on our contact page
Contact
Any concerns relating to the Site or this Agreement, should be notified to Blacklist at info@blacklist.co.nz.