By using the Site, Application or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms“). These Terms govern your access to and use of the Site, Application and Services
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH Shop Owners MAY CREATE LISTINGS FOR sales AND Guest Buyers MAY LEARN ABOUT AND visit DIRECTLY WITH THE Shop Owners. YOU UNDERSTAND AND AGREE THAT My Shop Window IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN Shop Owners AND Guest Buyers. My Shop Window HAS NO CONTROL OVER THE CONDUCT OF Shop Owners, Guest Buyers AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU CHOOSE TO CREATE A LISTING ON My Shop Window, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH My Shop Window IS LIMITED TO BEING A MEMBER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF My Shop Window FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF my Shop Window. My Shop Window DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR LISTING, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR LISTING, OR ANY OTHER MATTERS RELATED TO ANY LISTING, THAT YOU PROVIDE. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF My Shop Window, INCLUDING BY INAPPROPRIATELY USING ANY My Shop Window INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
My Shop Window reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application and/or provide you notice of the modification by email.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
How the Site, Application and Services Work
The Site, Application and Services can be used to facilitate the listing of Shop Windows. Such Shop Windows are included in Listings on the Site, Application and Services by Shop Owners. You may view Listings as a registered visitor to the Site, Application and Services; however, If you wish to create a Listing you must first register to create a My Shop Window Account (defined below).
As stated above, My Shop Window makes available an online platform or marketplace with related technology for Shop Owners and Guest Buyers to meet online and arrange for Shop visits directly with each other.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE Shop Owners AND Guest Buyers CONNECTING AND Arranging DIRECTLY WITH EACH OTHER. My Shop Window CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY Shop Windows. My Shop Window IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS. ACCORDINGLY, ANY Arrangements WILL BE MADE OR ACCEPTED AT THE MEMBER’S OWN RISK.
In order to access certain features of the Site and Application, and to create a Listing, you must register to create an account (“My Shop Window Account“) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
Your My Shop Window Account will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain. You may not have more than one (1) active My Shop Window Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. My Shop Window reserves the right to suspend or terminate your My Shop Window Account and your access to the Site, Application and Services if you create more than one (1) My Shop Window Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party.
Unless expressly authorized by a specific feature on My Shop Window, you are not permitted to share your My Shop Window Account with anyone or allow others to access or use your My Shop Window Account. You agree that you will take sole responsibility for any activities or actions under your My Shop Window Account, whether or not you have authorized such activities or actions. You will immediately notify My Shop Window of any unauthorized use of your My Shop Window Account.
Shop Owner Listings
As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the products to be listed, features, pricing and related rules and financial terms, the location and *open* hours of the Shop. In order to be featured in Listings via the Site, Application and Services, all Shop Owners must acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post and have valid physical addresses.
You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Guest Buyer’s visit at a Shop Owner’s location in a Listing you post (i) will not breach any agreements you have entered into with any third parties, or other third party agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws), Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any Shop Owner included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that My Shop Window assumes no responsibility for a Shop Owner’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. My Shop Window reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that My Shop Window, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or My Shop Window’s then-current Policies and Community Guidelines or Standards, Trademark & Branding Guidelines, or otherwise harmful to the Site, Application or Services.
My Shop Window recommends that Shop Owners obtain appropriate insurance for their home. Please review any insurance policy that you may have for your home carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of or relating to Guest Buyers (and the individuals the Guest Buyer invites to the Shop, if applicable) while at your home.
My Shop Window may offer Shop Owners the option of having photographers take photographs of their Shop Window. If you as a Shop Owner choose to have photographer do this, My Shop Window shall own all copyrights in photographs taken but these photographs will be made available to you to include in your Listing with a watermark or tag bearing the words “My Shop Window.nz Verified Photo” or similar wording (“Verified Images“). You agree that you alone are responsible for ensuring that your Listing is accurately represented in the Verified Images. You alone are responsible for using the Verified Images for your Listing and you warrant that you will cease to use the Verified Images or any other images if such images cease to accurately represent your Listing or if you cease to be a Shop Owner for the Listing featured. All images, materials and content created by these photographers, including Verified Images, constitute My Shop Window Content, regardless of whether you include them in your Listing and you agree not to use them except in your Listing without prior authorization from My Shop Window. If your My Shop Window Account is terminated or suspended for any reason, you shall not use Verified Images in any way. You agree that My Shop Window retains its right to and may use the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation.
My Shop Wondow does not endorse any Member, Listing or Shop Window. You understand that Verified Images are intended only to indicate a photographic representation of the Shop Window at the time the photograph was taken. Verified Images are therefore not an endorsement by My Shop Window of any Member, Listing or Shop Owner.
You as a Shop Owner understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. My Shop Window cannot and does not offer Tax-related advice to any Member
Intellectual Property Ownership and Rights Notices
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of New Zealand and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of My Shop Window. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of My Shop Window used on or in connection with the Site, Application, Services, and My Shop Window Content are trademarks or registered trademarks of My Shop Window in the NZ and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Application, Services, and My Shop Window Content are used for identification purposes only and may be the property of their respective owners. As a Shop Owner, Guest Buyer, or Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Site, Application, Services and Collective Content, including My Shop Window’s Trademark & Branding Guidelines (as Copyright Policy
My Shop Window respects copyright law and expects its users to do the same. It is My Shop Window’s policy to terminate in appropriate circumstances the My Shop Window’s Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see My Shop Window’s Copyright Policy for further information may be updated from time to time).
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OF ANY Shop Windows VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF My Shop Window WHETHER IN PERSON OR ONLINE REMAINS WITH YOU.
You agree to release, defend, indemnify, and hold My Shop Window and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) Visiting of a Shop Window, or (iii) creation of a Listing; (d) the use, condition or Visiting of a Shop Window by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Visit or use of a Shop Window.