Terms and conditions

Definition of words

• Member refers to a registered member that is a Buyer and/or Seller.
• Site means the website.
• Service means any service handshake provides that is not prohibited from being advertised.
• Items refers to any items that are advertised on the website, including but not limited to property and motor vehicles.
• Buyer is a registered member who has offered to purchase or transact with a Seller.
• Seller is a registered member who has advertised any items, service or vacancies on the website.
• We, us and our refers to handshake.
• You and your refers to you.
• User means any user of the website.
• Listing refers to a member advertising an item(s) with a description and photos in a selected category for sale on the website.

Handshake member agreement

1. By using the handshake service or accessing the handshake website, you are agreeing to all the terms and conditions of this agreement and all relevant handshake policies.

Handshake service

1. Provided that you comply at all times with the terms of this service, handshake will provide you with an online service to buy and sell and other networking service or devices over the internet and mobile phone, and/or as a downloadable application.
2. Your right to use the service is limited in scope, revocable, personal, non-transferable and non-exclusive. The services consists of the ability to register a personal account online at the site and have your online listing(s) sent to other members’ computers and/or mobile phones.

Acceptable use

1. By registering for this service you are agreeing to become a member of handshake and will use this service only for the purpose of buying, selling, searching and communicating with other members for yourself.
2. This service is not to be used to send unsolicited text messages, emails or to promote any products or service of any kind.
3. You agree to treat all members or people you meet and/or communicate with through the service in a respectful and lawful manner. If a member wishes to block dealing with certain members or expresses a desire not to communicate, you agree to honor and respect those wishes.
4. An individual is only allowed to have one account regardless of the number of computers or phones he or she may have.

Requirements to use the service

1. To access the service you must have internet access, an email address and a mobile phone. The mobile phone is optional but must be able to access the internet.
2. You must be over eighteen (18) years of age to use the service.

Account sign-up and usage

1. When you sign up for the handshake service at the site, you will choose a username and password in order to complete the registration process.
2. We recommend that members verify certain contact details to prove they are serious about trading. Doing so is simple – all you need to do is credit your account, verify your contact number or verify your registered address.
3. Handshake does not retain any credit card information.  That information is held securely by DPS Payment Express NZ.
4. You are responsible for maintaining the confidentiality of your username and password and you are fully responsible for all activities that occur under your username and password.
5. You agree to immediately notify us of any unauthorised use of your username and/or password or any other breach of security. You agree to exit from your account at the end of each website and mobile phone session and to keep your phone securely in your possession at all times.
6. You may not register twice or use more than one username and one password when you access or use the service.
7. Sharing your username and password with anyone else is a violation of this agreement and if at any time we learn that you have given others access to your username and password we reserve the right to terminate your access to the service immediately and without notice.
8. Usernames and passwords are the property of handshake and we may alter or replace them at any time. You acknowledge that we reserve the right to suspend or remove accounts that are inactive for an extended period of time.
9. Handshake will deduct listing fees from your account as and when required. All listing fees are in New Zealand dollars and include GST.
10. The sum of all positive prepaid accounts is recognised as a liability until handshake either recognises revenue under the circumstances below, or refunds the member’s account balance.
11. Income is recognised as:
    • Members having their prepaid accounts charged for handshake service.
    • Members forfeit balances by closing their accounts or by being terminated by handshake.
    • Other fees are charged to members in accordance with handshake terms and conditions.
12. Member accounts are solely for the purpose of listing on the site and listing fees will be deducted from member accounts accordingly.
13. Member accounts that are in credit for whatever period do not have entitlement to any interest. We will maintain member accounts at our expense under the terms and conditions and we reserve the right to retain any interest earned to help cover the administration costs of operating the website and service.
14. Members cannot use their account for the payment of an item(s) they have bought using the service.
15. A negative account balance is required to be settled immediately.
16. Should a member default to settle a negative account balance, that member is liable for all reasonable expenses (including legal fees) incurred by us to recover the debt.
17. If a member has not logged into handshake for a period of 18 months we will endeavour to email the member requesting they login into their account if they wish to retain the account and username. If we do not receive a reply or there has been no login after 5 days the account will be removed and any funds in the account will forfeit to us to cover administration costs.
18. Handshake provides credit accounts for each member and from which members must pay fees for services used, including payments in advance for listings.
19. Handshake provides an electronic statement for members, which contains the balance and a statement for past transactions up to 36 months. The member is responsible for accessing and saving this information. We do not provide any notifications or additional accounting for this service.
20. Handshake will send you emails relating to your membership, transactions and other activities on the website. We may also send regular marketing messages to our members via the site, email, or by native messaging capabilities on your device. Newsletters will contain clear and obvious instructions on how to unsubscribe from the mailing list.

Seller’s obligations

1. Your listings must be truthful, existing and complete. Include all relevant and necessary information about the terms of sale, payment terms, shipping method and who accepts the cost of shipment.
2. Sellers are required to read and understand which items are banned from advertising on the site and understand that selling items that are restricted must meet specific conditions before being listed on this site.
3. All prices must be in New Zealand dollars and include GST in the total price. The exception is for property for sale or lease, which may include or exclude GST, however this must be clearly stated in the listing. All tax obligations are the responsibility of the seller and/or the buyer.
4. You can only list an item in one category and this must be the most appropriate category for your item.
5. You must not list items that you do not legally own, are not entitled to, or are not in your possession. In the case of vehicles that are offshore or in transit to New Zealand you have to be a registered motor vehicle dealer and hold clear authority before you can list. You must accurately state in the listing that the vehicles are offshore or in transit.
6. General item listings are not permitted to display phone numbers, email addresses or website addresses.
7. Land listed for sale must be located within the geographical and legal borders of New Zealand.
8. You cannot list anything that is illegal, offensive (including anything of a pornographic, defamatory, 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 agree that we 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 term. Members are responsible for ensuring that their listings do not breach this.
9. When you list an auction on handshake you must do so with the intention of selling the item. If bidding has started and you decide to withdraw the listing you will be charged the withdrawal fee.  This also applies if you have removed bids. If your auction has no bids you will not be charged a withdrawal fee.
10. You are not permitted to list anything that is speculative including, but not limited to, ponzi and pyramid or similar schemes.
11. Should a member identify a stolen item(s) listed on the site, that member must report it to the NZ Police immediately. It is a criminal offence to sell stolen goods.  If any such goods are listed on the site and brought to our attention we will withdraw the listing(s) immediately and the membership will be terminated, no exceptions.
12. If you run an auction you must sell to the highest bidder when the reserve price is met. You can only sell to another bidder who was not the highest bidder after reasonable attempts have been made to contact the winning bidder without success.
13. Classified listings may sell to any buyer at your discretion.
14. You are not permitted to influence prices through phantom bidding or assuming aliases in order to promote or raise the value of your sale.
15. Adult rated content of a sexual nature must be listed in the appropriate R-18 Adult category. Sellers must read and understand the restrictions relating to the content and images when listing.
16. We make every effort to screen for inappropriate content, and we reserve the right to remove any listing that is deemed unsuitable or in breach of the terms and conditions. Members are responsible for ensuring that their listing content and images abide by the terms and conditions set by us.
17. When the seller has sold an item in the ‘General items’ category we will deduct the set listing fee from the seller’s account. The seller must ensure their account is always in credit and can cover any fees incurred.
18. Should a buyer renege on payment for an item they have bought, which in turn forces the seller to re-list the item, we will credit the listing fee back to the seller’s account. It is the responsibility of the seller to report these matters to us. The buyer will receive a warning and the seller is entitled to place negative feedback about the buyer.
19. You agree that your email address will be supplied to the successful buyer when your items have sold.
20. To ensure you receive good feedback you must promptly forward the sold item to the successful buyer on completion of the transaction.
21. You must not charge unfair amounts for shipping and packaging and you must confirm the full and final cost with the buyer prior to sending the item. You must also allow the buyer to make his or her own arrangements for shipping if requested, however this must not delay the buyer making payment for the item.
22. When shipping items to the buyer you must make sure the item you are shipping is packed suitably. It’s the seller’s responsibility to ensure that the item arrives at the destination safe and undamaged. If an item arrives damaged the seller is obligated to resolve the matter quickly and amicably with the buyer.
23. Selling firearms and ammunition on the site is within the provisions of the Arms Act 1983. It is an offence to sell by mail order a firearm or any ammunition for a firearm, unless you have a written order signed by the purchaser or a bearing endorsement signed by a member of the NZ Police stating that the NZ Police have inspected the buyer’s firearms license and agree he or she is a fit and proper person to purchase that firearm or ammunition. Sellers must sight the firearms license of the buyer, or for remote sales must receive written confirmation signed by the NZ Police confirming the buyer holds a valid firearms license. You can only list “A” category firearms, in sporting configuration, as defined by the Arms Act 1983. You cannot sell firearms that require additional license endorsements to purchase or large capacity magazines. You may only sell firearms that are currently in New Zealand. Overseas members are not permitted to buy or sell firearms on the site. Please note: our policy is one (1) firearm per listing.
24. Selling films, videos, DVDs, VCDs and laser disks is covered by the Films, Videos and Publications Classification Act 1993. It’s an offence to sell any of these items if they have not been examined and classified by the appropriate agencies. The offence carries a maximum penalty of $3,000 per publication. Should any publication be sold and deemed to be objectionable and where the seller knew the publication was objectionable, the maximum penalty consists of 10 years imprisonment per publication. To avoid prosecution you must include within your listing the New Zealand classification rating and all information on the classification label.
25. Motor vehicle dealers selling vehicles online by auction are required to attach the Consumer Information Notice (CIN), in a prominent and clear position in their photo and provide the CIN to the successful buyer. Should you sell six or more vehicles within 12 months, you are likely to be a motor vehicle trader and therefore must be registered. For more information visit the Motor Vehicle Traders Register website. If you are selling a vehicle on handshake you are responsible for making sure that the motor vehicle is free of any security interest. If there is a security interest on the vehicle you must disclose this in the listing.
26. Handshake is determined to provide members with the best possible online experience and service, therefore we reserve the right to remove listings, suspend or terminate any member who abuses the integrity of this service.

Buyer’s obligations

1. When you make a bid you have legally entered into a contract with the seller. If you are notified that your bid has won the auction you must complete the transaction and you must make full and prompt payment.
2. You accept that your username and the amount of your bid will be displayed on the website. You also accept that your email address is being supplied to the seller when you win an auction.
3. If a buyer’s bid is successful but he or she doesn’t pay for the item and this causes the seller to lay a complaint, the buyer will receive a formal warning from us. If the member continues on a trend of non-payment for items won we may suspend or terminate his or her membership.
4. Bids are not retractable once the auction has closed. Only place a bid if you intend to buy the item at the bid price entered.
5. Family members, friends, flatmates or any other members personally known to you are not permitted to bid on auctions that are listed in order to inflate the price of the auction.
6. If an item you bought arrives damaged or is faulty for whatever reason, it is your responsibility to make sure you take a photo of the faulty package and item in its original form at the time of arrival. It is the buyer’s responsibility to contact the seller immediately and the photo of the damaged item will help you resolve the matter quickly with the seller.
7. If the buyer is not satisfied with the item purchased due to it arriving damaged or the item was not as described in the listing, the seller will work cooperatively with the buyer to mutually resolve the matter. If the buyer is seeking a refund or replacement the buyer agrees to return the item to the seller in its original form and packaging. The cost of returning the item must be mutually agreed upon between both parties.
8. Buyer beware applies. As a buyer on the site you are entirely responsible for making sure that you have thoroughly checked the item(s) you intend to purchase and that they are exactly what you require. If you have not dealt with a particular seller before or they are new to handshake, it is up to you to carry out checks on the seller by asking them key questions about the item(s) they are selling and by reading their feedback. Handshake accepts no liability or responsibility for any purchases done through our service or site.

Becoming a handshake business account holder

1. A handshake business account provides an opportunity for a business to sell its products, and receive exclusive benefits that are not available to personal account holders.  There are three types of account available: real estate, vehicles, or retail.
2. There are no contracts, no success fees, no high volume turnover fees, no setup costs and no monthly fees.
3. To operate a handshake business account, your application must first be authorised by the handshake business accounts team.
4. Business account holders have the benefit and exclusivity of purchasing Volume premium packs for vehicles, real estate and retail at much cheaper prices.  Please note: Volume premium packs are not available for General item listings, and are non-refundable and non-transferable.
5. Running a business account entitles you to operate a webpage on handshake which lets you display your company logo and banner.
6. To set up a business account simply choose the “Business account” option when you register.  Before you can list items you must complete and submit a handshake business account validation form.  Approval can take up to 24 hours to process, and is done during normal business hours, Monday to Friday.  The form can be faxed or emailed to handshake, and we will notify you of the outcome via email.
7. A business account must always maintain a minimum of 10 listings at all times.  Failing to observe the minimum listing requirement could result in your business account being suspended or terminated.
8. Business accounts are not permitted to list multiple instances of identical items; every listing must have a point of difference, ie. colour, shape, model etc.  Listing identical items is only permitted by using the stock quantity field when listing a General item.
9. Business account holders must comply with the Consumer Guarantees Act.  You are required to provide a 30 day warranty on all items sold, and act in good faith and expediently when resolving any customer dissatisfaction or dispute.
10. Handshake reserves the right to suspend or terminate a business account without prior notice for, including but not limited to, frequent member complaints and or dissatisfaction, unlawful activities and breaching any of our terms and conditions.
11. Business accounts are not eligible for entry in handshake prize draws or competitions except for competitions that pertain to the advertising and marketing of the handshake brand.
12. If a business account is inactive for more than 30 days handshake reserves the right to suspend or terminate the account and any listings without prior notice.

Awesome Auctions

1. If you think you have got an awesome product and it deserves to be treated as special then simply tick the Awesome auction box at the time of listing. Your listing will be sent to our Awesome auctions team and they will evaluate the listing.  This process can take up to 48 hours before your listing goes live. The same process applies if your listing is not selected. Requesting Awesome auction status gives handshake the right to change the main title/headline if required. Awesome auctions are only applicable to listing an auction.

Auto extending auctions

1. Handshake reserves the right to auto extend auctions. If a bid is placed in the final 2 minutes the auction will extend the closing time by 2 minutes from the time the bid was placed. Auctions will only close if there are no bids for 2 minutes.

Member feedback

1. Feedback exists to help members better understand who they are dealing with and whether another member has a good track record or not.
2. After a transaction the seller and buyer can post their comments relating to the process. This can only be done once.  This feedback can then be edited once only, if necessary.
3. You must always act in good faith and post fair and accurate comments.  We do not tolerate malicious or inaccurate feedback. If we are notified of such events we will carry out an investigation and take the appropriate action by removing the feedback and/or at our discretion we may terminate the membership of the offender.

Showing others you’re serious about buying and selling

Proving you’re serious about buying and selling on handshake can be done in three ways:

1. Adding credit to your account (the minimum top up amount is $10).  Verification happens automatically during the first top up of your account.
2. Verifying your contact phone number.  This can be either a mobile or landline number.
3. Verifying your residential address.  Upload proof of your address by taking a photo of a recent bill (such as an electricity or telephone bill) showing your name, address and the date.  Please allow a processing time of three days if using this process.

You can use one or all methods.

Location data

1. When you download and install our mobile phone application, you agree to share your location with handshake on a continuous and periodic basis. The location may be used to measure your proximity to allow relevant notifications to be sent to your mobile phone.
2. We will never share your exact location, mobile phone number or email address with any other user. Any decision to share your exact location, your mobile phone or email address is your decision and as such you understand and agree that we take no responsibility for your decision to share such data.

Credit cards, pricing and payment

1. Handshake reserves the right to change the pricing plan at any time.
2. Topping up your account can be done by direct credit or by the preferred option via credit card payment.
3. All amounts are in NZ dollars and include GST.
4. Members can view their account balance by going to their My account.
5. The name that will appear on your statement will be ALLIED TECHNOLOGY LTD.

Terms and conditions and other policies

1. Your use of the service is governed at all times by our terms and conditions and privacy policy, as well as any other policies that may be promulgated by us. Please review and confirm your agreement to our terms and conditions and privacy policy, which are incorporated into this agreement by this reference.
2. You agree to permit us or our representatives to access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or any other unauthorized use of the service.
3. Handshake reserves the right to terminate your account immediately, with or without notice to you and without liability, if we believe that you have violated this agreement, any of the terms and conditions or any other policy, furnished us with false or misleading information or interfered with use of the service by other users. We further reserve the right to terminate any accounts that have been inactive for an extended period at our discretion. We may also modify, suspend or discontinue the services at any time, with or without notice, and without liability to you or any other user or any third party.
4. We cannot ensure the security or privacy of information you provide through the Internet.

Unacceptable conduct

1. You agree to not use the service to:
   1. Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
   2. Impersonate any person or entity, including, but not limited to, a handshake official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
   3. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the service;
   4. Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available;
   5. Make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
   6. Make available any unsolicited or unauthorised advertising, promotional or any other form of solicitation, except in those areas that are designated for such purpose;
   7. Make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
   8. Intentionally or unintentionally violate any applicable local, regional, national or international law;
   9. Interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the services;
   10. “Stalk” or otherwise harass another;
   11. Or store personal data about other users.
2. Handshake reserves the right to terminate any member account, transmission or other distribution of any such material using the service and if applicable delete any such material from our servers. We reserve the right to decline, register or terminate your membership without entering into further discussions with you. Without limiting the foregoing, we may terminate your membership if a serious complaint or multiple complaints are received about you from other members.
3. Handshake does not actively monitor the content or use of the service under normal circumstances. We may review our registration information to ensure that new members conform to the terms of this agreement. We may remove, block, filter, or restrict by any other means any materials that in our sole discretion, may be illegal, may subject us to liability or may violate this agreement. Handshake intends to cooperate fully with law enforcement officials or agencies in the investigation of any violation of these terms and conditions or any applicable laws. By using the services or the site, you release handshake from any liability stemming from handshake cooperation with law enforcement officials and agencies.

Content

1. You are solely responsible for your content, messages, double-blind emails, text messages, photos, images and any communication that you publish or display on the service, or transmit to other members.
2. You will not post on the service, or transmit to other members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
3. You will not provide inaccurate, misleading or false information to us or to any other member. If information provided to us or another member subsequently becomes inaccurate, misleading or false, you will promptly notify us of any such change.
4. By posting content on the site you automatically grant, represent and warrant that you have the right to grant to handshake, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify, crop and distribute such information and content on the site, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorise sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by handshake will not infringe or violate the rights of any third party.

Restrictions on use of the site and the service

1. You are prohibited from violating or attempting to violate any security features of the service, including, without limitation:
   1. Accessing content or data not intended for you, or logging onto a server or account that you are not authorised to access.
   2. Attempting to probe, scan or test the vulnerability of the service, the site or any associated system or network, or to breach security or authentication measures without proper authorisation.
   3. Interfering or attempting to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the site or services, overloading, “flooding”, “spamming”, “mail bombing” or “crashing”.
   4. Using the site or service to send unsolicited email, including, without limitation, promotions or advertisements for products or services.
   5. Forging any TCP/IP packet header or any part of the header information in any email or in any posting using the service, attempting to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human perceivable form any of the source codes used by handshake in providing the site or service.
   6. Using a personal account for high volume or commercial use (e.g. revenue generation, advertising, etc).
   7. Or resell the service. You further acknowledge that handshake may establish general practices and limits concerning excessive use of the service. Any violation of system or network security may subject you to civil and/or criminal liability. You agree that handshake has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the service. You acknowledge that handshake reserves the right to change its general practices and limits at any time, in its sole discretion, with or without notice.
2. Handshake takes any one or more of the following actions, or other actions not listed, at its sole discretion in response to violations of handshake policies:
   1. Issue warnings: written or verbal.
   2. Suspend your account.
   3. Terminate your account.
   4. Bill you for administrative costs.
   5. Or bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.

Service maintenance and monitoring

1. handshake has no obligation to monitor the service, but may do so and disclose information regarding use of the services. For any reason if handshake, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the services properly; or protect itself and its users or services providers.
2. From time to time handshake may be required to interrupt the service for maintenance and other operational reasons and you shall not receive any compensation or refund for such interruptions.

Termination

1. Should handshake terminate your membership we may or may not provide you with a termination notice. Handshake, in its sole discretion, may choose to exclude you from the service either for any adverse behaviour the company believes you have engaged in or any adverse behaviour the company believes you might engage in. In this case no refunds will be paid by handshake for the termination of your account, for whatever reason.
2. Handshake may terminate this agreement, your account or your use of the service, for any reason, without refund, including, without limitation, if handshake, in its sole discretion, believes you have violated this agreement, terms and conditions, or any other handshake policies.

Warranty disclaimer

1. Because of situations beyond the control of handshake, we do not guarantee that the site and its service will be available to you or that messages which are intended to be sent and delivered are sent and/or delivered.
2. Handshake does not guarantee the safety or integrity of any system connected to its network. This includes, but is not limited to, virus and/or Trojan software infestation of said machine(s), hacker activity, natural or man-made disasters, power outage, unlawful negligence and exposure of confidential information and data.

Links

1. The service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because handshake has no control over such sites and resources you acknowledge and agree that handshake is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
2. You further acknowledge and agree that handshake shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or service available on or through any such sites or resource.

Indemnity

1. You agree to indemnify, defend and hold handshake harmless, its affiliates, officers, directors, employees, consultants, agents and representatives from any and all third party claims, losses, liability, damages and/or costs (including reasonable lawyers’ fees and costs) arising from your use of the service, your violation of the terms of acceptable use or your infringement, or infringement by any other user of your account of any intellectual property or other right of any person or entity.
2. Terms and conditions will inure to the benefit of handshake successors, assignors and licensees.

Ownership of the site and service

1. Handshake owns all rights, titles and interests in and to the site and service, the site and all portions thereof. The name ‘handshake’ and the tag-lines ‘Buy, Sell, and Shake on It!’ and ‘Buy and Sell with Handshake’, its graphics, brand, copy and everything pertaining to the site is copyrighted and the name ‘handshake’ and the tag-lines ‘Buy, Sell, and Shake on It!’ and ‘Buy and Sell with Handshake’ is trademarked.
2. The name ‘handshake’ and ‘Buy, Sell, and Shake on It!’ are registered trademarks.
3. Nothing provided by the service or contained on the site should be understood as granting you a license to use any of the trademarks, services, graphics, copy, colour schemes or logos owned by Allied Technology Ltd.
4. You may not without our prior written permission, in any form or by any means adapt, reproduce, copy, store, distribute, print, display, perform, publish, electronically send or create derivative works from any part of the site, or commercialise, copy or sell any information or items obtained from any part of the site.

General terms

1. The terms and conditions shall be construed in accordance with and governed by the laws of New Zealand, without reference to its rules regarding conflicts of law.
2. Should a court of competent jurisdiction find any term or condition to be unenforceable for any reason, that term or condition shall be severed from the remaining terms and conditions which shall continue in full force effect.
3. No waiver of any breach of any provision of this agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorised representative of the waiving party.
4. The service is controlled, owned and operated by handshake.
5. This agreement, including the handshake terms of acceptable use, the handshake privacy policy and any and all other online policies promulgated by handshake, constitutes the entire agreement between handshake and you (the member) with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.

Competitions and promotions

1. The competition or promotion rules (‘the rules’) applies to all handshake competitions and/or promotions (collectively ‘the promotion’) conducted by means of any medium – radio, television, print, website, telephone or computer. These rules may change from time to time at the discretion of handshake.
2. If a particular promotion has specific rules or terms those specific rules or terms will apply if there is any inconsistency with the rules.
3. Unless otherwise (stated in the above) specific rules or terms, registration, entry or vote is limited to one (1) per member account.
4. Entry into the promotion is deemed to be acceptance of the rules and confirmation that the entrant has the necessary authority (for example: the handshake account holder and or the owner of the mobile phone number associated with the account) to enter the promotion.
5. The promotion is open only for individual members who are New Zealand residents. handshake business account  members are not eligible to enter competitions and/or be randomly selected for prize draws.
6. Disqualified participants may not enter in the promotion.
7. Handshake reserves the right to exclude any person from participating in the promotion on reasonable grounds.
8. Handshake reserves the right to award any prize to an entrant who handshake decides (in its sole discretion) has violated the rules, gained an unfair advantage in participating in the promotion or won using fraudulent means.
9. By participating, entrants grant handshake exclusive permission to use their names, characters, photographs, voices and likeness in connection with the promotion and for future promotions and marketing purposes and waive any claims to royalty, right or remuneration for such use.
10. All entrant personal details must be valid and up to date.  Entrant personal details will be held by handshake and may be used for the purpose of the promotion and for future promotions and marketing purposes in accordance with handshake Privacy Policy (see our privacy policy on the website).
11. Personal information provided at the time of membership registration is presumed to be true and accurate.
12. Only the person who originally entered the promotion can be awarded the prize (‘the winner’).
13. The winner will be determined in the manner set out in the promotion terms and conditions – if not specified then will be determined by handshake who shall for this purpose be deemed ‘the judge’.
14. The judge’s determination of the winner will be final and no correspondence will be entered into.
15. The winner will be notified by email and/or phone and must be available for the preparation of all publicity that may be required by handshake. Where attempts to contact the winner fail (e.g. when the winner cannot be contacted by phone after three attempts and/or email sent is returned) the judge will select another winner. If, after successful notification and the prize has not been collected within one month of being announced, it will be regarded as forfeit. (Note: three (3) attempts to contact will include individual calls to any numbers provided at the time of entry.)
16. The prize is not redeemable for cash or transferable. No other family members, friends, office associates or any other person will be able to participate on the winner’s behalf. In the event that the prize specified in the promotion becomes unavailable for any reason handshake may substitute a prize of like or equal value.
17. Where the winner is required to claim the prize in person they must provide proper identification (e.g. driver’s license, passport, birth certificate).
18. The winner takes the prize entirely at his/her own risk and indemnifies handshake in respect of any claim for any accident, injury, property damage or loss of life that may occur in connection with the prize. The winner is responsible for any costs that may be associated with the prize.
19. Handshake reserves the right to amend, vary, extend or discontinue a promotion at any stage, for any reason.
20. Handshake takes no responsibility for any inability to enter, complete, continue or conclude the promotion, due to equipment or technical malfunction, busy lines, inadvertent disconnection, texts with a misspelt keyword, texts to an incorrect shortcode, computer and web server malfunctions, natural disasters and/or anything that is deemed outside of handshake’s control.
21. Handshake will not be liable for any loss or damage whatsoever, (including but not limited to direct or consequential loss) or for personal injury as a result of promotion entry or winning the promotion prize.
22. Where the prize is to be supplied by an entity outside handshake’s control and that entity fails, for whatever reason, to supply the prize, handshake has no responsibility for the provision of the prize and is not obliged to provide an alternative prize or to take legal action to require the prize supplier to provide the prize.
23. Participation in the promotion is deemed acceptance of these terms and conditions.
24. ‘Disqualified participants’ are: (a) all handshake employees and their immediate family members, all employees of participating sponsors or promoters and/or advertising agencies and their immediate families; (b) all people under the age of 18 years; (c) all people who have previously won; (d) ‘immediate families’ include spouses, grandparents, parents, children, and grandchildren whether by marriage, past marriages, remarriage, adoption, co-habitation or other family extension; (e) all businesses, clubs, charities and organizations.

Other

1. Handshake may, at its sole discretion and without prior notice, revise any of its terms and conditions of this agreement, including any online policy such as the terms and conditions:
   1. Revise its prices and any other charges.
   2. Change the service at any time.
   3. Handshake will post any such changes to the site and any changes will be effective immediately upon such posting.
2. You agree to review this agreement and the online policies as posted on the site periodically to be aware of any changes.
3. You agree that, by continuing to use the service following notice of any changes, you will abide by any such changes.
4. If you are dissatisfied with the service or any related terms and conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service and close your account.

Using the handshake forum

1. Handshake‘s forum is a friendly place intended for discussions about buying and selling. It’s necessary for members to abide by the rules in order to participate within the community.
   1. Treat others with respect at all times. Insulting, harassing, abusing or attacking other users will not be tolerated.
   2. Posting religious and political topics are not permitted.
   3. Users are not allowed to promote any personal ventures or schemes.
   4. Revealing personal information and/or other peoples’ personal information is prohibited. It’s important for handshake to keep our members’ details safe.
   5. Racist, vulgar, obscene, discriminatory, homophobic language or images are strictly prohibited.
   6. Avoid attaching advertising and chain letters.
   7. Promoting any illegal activity is prohibited.
   8. Do not respond to or comment on posts that break these rules, even if your intentions are good. You can contribute by reporting the post to handshake.
   9. Handshake reserves the right to remove any posts without prior notice. Members in breach of these rules could have their account terminated.

Contact us

1. Contact us through our helpdesk and we’ll get back to you as soon as we can

Report abuse

1. If you feel a member is doing something they shouldn’t be doing please let us know via our helpdesk.
2. Handshake will endeavour to ensure the site is trustworthy and that members abide by the terms and conditions. We rely on the handshake community to assist us in maintaining a safe and responsible service and it’s up to members to report anything that is in breach of the terms and conditions.
3. Should a member suspect or identify stolen items advertised on the site you must immediately contact the NZ Police and handshake.

Harassment problems

1. If you are being harassed by a member you must inform us.

Suggestions

1. We try to make the site an enjoyable experience and as easy as possible to use. If you can think of anything that will improve the site, let us know. We’re also interested in your ideas about what we could introduce that will improve the experience of handshake.  Suggestions are welcome through our Feedback page.

 Membership

1. Joining handshake is free – just fill in the registration form.

Refunds and closing your account

1. If your account contains more than $10 credit the balance will be refunded to you and payment will be deposited into a New Zealand bank account (overseas bank accounts are not accepted). Accounts containing less than $10 will not be refunded.  Please note there is a $5 administration fee when closing your account and refunds can take up to 5 working days to be processed.
2. Promotional giveaways of handshake credits, bonus credits, or any free credits will not be refunded.
3. Refunds over $500 require a written confirmation from your bank stating that your original payment to handshake will not be reversed or dishonoured. Please have your bank fax this though to us on (03) 474 7445.