Terms & Conditions
Jam Space Limited
Terms and Conditions of Trade
Welcome to Jam Space, New Zealand's own online music community. These terms and conditions are intended to help keep Jam Space a safe place to Jam.
1. Acceptance and amendment of Terms
1.1 These terms and conditions are the terms on which Jam Space Limited offers you access to the Services and the Website. By registering as a member of Jam Space you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Services.
1.2 As Jam Space operates in a changing commercial, technological and regulatory environment, we may amend these terms and conditions from time to time. Unless otherwise stated, amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services represents your agreement to be bound by these terms and conditions as amended
2. Definitions and interpretation
2.1 In these terms and conditions:
“Hosting Service” shall include:
(a) hosting and running of the website including the supply of power, and telecommunications for the server hosting the website, back up of user data, provision of FTP and e-mail services;
(b) maintenance of the website; bug fixes and feature enhancements for all the software and hardware that are required to run the website and provide the Services;
“jam” “jamming” or “jams” means goods or services that may be bought or sold through the auction or classified process;
“listing” means a listing on the Website through which you offer, negotiate, buy, sell or advertise any item or service whether by auction or classified;
“Member” means a registered member of Jam Space;
“My Jams” lists the goods or services that have been advertised/watched/bought or sold by you if you are a Member;
“seller” includes any person placing a listing;
“Services” shall include all services provided by Jam Space to Members and shall include without limitation the provision of the Hosting Service, onlineclassifieds, message boards, SMS alerts and any other service that Jam Space may offer;
“Start Jamming” means the category on the Jam Space homepage where Members can sell goods or list services;
“Website” means any Jam Space website through which the Services are offered;
'we', 'us' and 'our' are a reference to Jam Space Limited;
'you' and 'your' are a reference to you;
3. Your obligations
3.1 You agree that:
(a) All listings or communications made through Jam Space shall be made in good faith. Information must be entered correctly into the Website and will not be misleading.
(b) You must not damage, interfere with or harm the Website or Hosting Service, or any network, or system underlying or connected to them, or attempt to do so.
(c) You must 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 list your email address, phone number or any other contact detail within the description of listings, listing comments and/or questions, in your member profile, or in the Jam Space message boards.
(e) Notwithstanding (d)above, you may enter your appropriate contact details in the relevant contact detail fields of those listing categories which specifically provide for those details, e.g. Musicians Wanted, Lessons & Tutoring, Record & Rehearse, Play & Find gigs classifieds.
(f) You must list classifieds in New Zealand dollars and include GST in the price. All tax obligations are the responsibility of the seller.
(g) You must not complete a transaction outside of the Jam Space process or otherwise seek to avoid Jam Space's listing fees. Attempts by you to avoid fees, including through multiple memberships, premature listing withdrawal, or otherwise, may result in Jam Space suspending or terminating your membership at the discretion of Jam Space.
(h) You must not use the Services or the Website to promote items for sale outside the Services.
(i) You are responsible for any actions taken through your membership. Jam Space memberships are not transferable and therefore cannot be sold, leased, lent or traded without specific written authorisation from Jam Space.
3.2 Your obligations as a seller include:
(a) Sellers must be located in New Zealand. Sellers outside of this country are not permitted to sell on Jam Space unless specifically authorised in writing by Jam Space. Sellers should not send items to an address that is outside New Zealand.
(b) You will only enter listings that are accurate, current, complete, and include all relevant information about the terms of sale, payment terms, shipping methods and who bears the cost of shipment.
(c) You must list an item in one category only which must be the most appropriate category for your item.
(d) If your item is likely to attract customs duty for buyers in New Zealand, you must ensure that this is clearly indicated in your listing.
(e) All products listed must be free of any charge whatsoever.
(f) You will only place listings for items that exist, are to be sold, and that you are legally entitled to sell. You will only list items that are in your possession, except where Jam Space has approved otherwise in writing.
(g) You may only sell or offer services in our Member services categories.
(h) All listings must comply with New Zealand law. You must not list anything that is illegal, offensive (including anything of a defamatory, pornographic, or 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 are responsible for ensuring that any listing by you does not breach this clause. You agree that Jam Space 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 clause at any time.
(i) To protect your images, we may watermark with our logo any images you upload to your listings. You must ensure you hold the copyright or are otherwise licensed to use any images you add to your listings.
(j) When you list an item for sale on Jam Space you should do so with the intention of selling this item through the Website.
(k) Jam Space classifieds may be used by individuals or businesses to list specific items or jobs only and must not be used for multiple or generic items or job listings. You must not place multiple listings for a single item or job.
(l) Your listing may only contain a URL for a website that contains further information on the item you have listed. The linked website must not offer any items for sale, or contain contact details. You must not use Jam Space listings to promote a business or website other than one for sale in your listing.
(m) Listings are not pre-screened for content. Jam Space reserves the right to remove any listing that it deems unsuitable or in breach of these terms and conditions.
(n) You agree to your email address being provided to the buyer when a sale is made.
(o) You must promptly forward the listed item to the successful buyer on completion of the transaction.
(p) You must not charge unreasonable amounts for shipping and packaging costs.
(q) All products sold to buyers remain at your risk until delivery is made to the buyer’s nominated premises. You shall make all arrangements to ensure your products are delivered within the timeframes and in the condition you warrant and Jam Space shall bear no responsibility for the delivery of products.
(r) The sale of films, videos, DVDs, VCDs and laser disks is covered by the Films, Videos and Publications Classification Act 1993. It is an offence to sell any of these items if they have not been examined and classified by the appropriate agencies. When listing these items for sale, you must include within your listing, the New Zealand classification rating and all information on the classification label.
3.3 Your obligations as a buyer include:
(a) You must be located in New Zealand to buy on Jam Space. People outside of this country are not permitted to purchase items on Jam Space.
(b) If you accept a seller’s offer, you must complete the transaction in the manner specified. By accepting the offer, you warrant and represent that you have the legal right to enter into and complete the transaction.
(c) You must make full and prompt payment for any item you buy.
(d) You agree to your username and the amount of your bid being publicly shown on the Jam Space Website. You also agree to your email and delivery address being provided to the seller when you accept an offer, and to your email address and username being provided if you send an email through a classified.
(e) If you do not pay for an item, you will receive a warning from Jam Space if the seller complains about you. After 3 such complaints, Jam Space may suspend or terminate your membership.
3.4 Feedback is provided for the purpose of facilitating trading between Members. Feedback you provide on other Members must not contain offensive, defamatory, retaliatory or inappropriate language or content. Jam Space may remove any feedback that we consider to be offensive, defamatory, retaliatory or inappropriate.
3.5 You may only give member feedback that relates to a specific transaction. You must not post feedback on a transaction that does not relate to that specific transaction.
3.6 You must not post feedback about yourself or include any contact details or personal information in your feedback.
4.1 Jam Space provides a platform to introduce and connect Members who want to buy and sell items in the field of music or complimentary of; or to advertise and find lessons, rehearsal & recording venues, gigs, and merchandise. Jam Space does not take any part in the sale of items other than by providing our Website as a platform for members. If an offer is accepted by a Member, a contract of sale will be formed between the buyer and the seller directly. We do not act as agent for either party and do not participate in any sale or transaction between you and other members, including where you use the credit card service. If you use the credit card service, we simply pass on payments made by one member to another. Jam Space also provides service categories where members can be connected with tutors, students, band members, rehearsal & recording venues and gigs.
4.2 Transactions and all other contact between you and other Members are conducted entirely at your own risk. You agree that Jam Space 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. Jam Space gives no undertakings, representations, or warranties in relation to items sold or listed on the Website, advertised or offered through the Member services categories including:
(a) about ownership of any item;
(b) as to the content, safety, description, worthiness, quality, or legality of the items or services that are listed on the Website;
(c) as to the accuracy or truth of listings;
(d) that any item, or service listed, will meet your requirements or expectations; or
(e) about the ability of members to complete a transaction, including credit card transactions.
4.3 You expressly understand and agree that:
(a) your use of the Services is at your sole risk. The Website and Member Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting clause 4.2, Jam Space disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
(b) where Member Services are offered Jam Space disclaims and excludes liability for any guarantees that a Member Service will be carried out with reasonable care and skill, fitness for a particular purpose, time of completion or price for the provision of a Member Service;
(c) Jam Space does not warrant that:
(i) the Services provided will be uninterrupted, timely, secure, or error free; or
(ii) any information (including feedback) provided on the Website is error-free or reliable;
(d) Jam Space accepts no liability for corruption of data in way whatsoever, nor for incorrectly inputted data from any person other than its employees or agents;
(e) no advice or information that is obtained by you from Jam Space or anyone else shall create any warranty by Jam Space that is not expressly stated in these terms and conditions;
(f) responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute Jam Space's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement;
(g) while Jam Space may facilitate payment for some items by credit card, Jam Space is in no way involved in the transaction itself, and responsibility for any refund rests with the seller;
(h) while Jam Space has systems in place to reduce the risk of credit card fraud, Jam Space is not responsible for protecting members from credit card fraud. Jam Space's fraud protection systems may from time to time block legitimate credit card payments. In these cases payment will need to be made by other means.
4.4 You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Jam Space to you or any other person under or in connection with these terms and conditions, or in connection with the Services, the Hosting Service, 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. Jam Space's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
4.5 You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with:
(a) your failure to comply with these terms and conditions;
(b) your failure to complete a transaction;
(c) your use of Jam Space's message boards;
(d) your sale or attempted sale of a prohibited item; or
(e) any content or item you submit, post, transmit, or make available through the Services.
4.6 Without limiting any other rights and remedies available to Jam Space, Jam Space may limit your activities on the Website, remove your listings or other content, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our Services to you if you breach these terms and conditions or where Jam Space considers it appropriate.
5. Fees and accounts
5.1 The seller agrees to pay a fee for each product or service listed on the Website. Jam Space's current fees are listed on our fees page in the about section. Before listing an item, you should review Jam Space's fees to ensure you are aware of the fees that you will incur.
5.2 Jam Space reserves the right to change the fees charged for any of our Services at any time. In the event that we introduce a new Service, the fees for that Service are effective at the launch of the Service, unless otherwise stated.
6.1 Unless otherwise agreed, payment for Services shall be made in full immediately upon making a listing. For approved clients, payment shall be made within 7 days following the date upon the invoice.
6.2 Should you fail to pay your invoices by the due date set out in clause 6.1above then the client shall pay all Jam Space’s costs and expenses (including legal costs) which may be incurred in the recovery or attempted recovery of the overdue amounts from the seller.
7.1 Becoming a member is free. You may only register as a member if you are resident in New Zealand (unless specifically authorised by us in writing) and can form a legally binding contract that is enforceable against you. You must be at least 18 years old. By registering as a member, you warrant that you can form a legally binding contract.
7.2 You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by Jam Space to ensure it is kept current at all times. Jam Space may phone or mail you to verify these details. You must not register as a member under multiple identities or personas (whether false or not). However, at Jam Space's discretion, you may create a business membership in addition to your personal membership.
7.3 Jam Space reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, Jam Space may terminate your membership if a serious complaint or multiple complaints are received about you from other members, if you breach these terms and conditions, if you impersonate another member, or if we, at our sole discretion, deem your behaviour to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled. In the event of termination, you also agree that you will not open or attempt to open any new Jam Space memberships. You may at any time close your Jam Space membership by giving us three days' notice in writing. If you cancel your membership, or if it is terminated by Jam Space your ability to use the Jam Space website will end. To the extent that you continue to access the Website, these terms continue to apply.
7.4 You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:
(a) not to permit any other person to use your user name or membership; and
(b) not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow them to gain access to your membership.
7.5 Jam Space will send you emails relating to your membership, transactions and other activities on the Website, and for promoting and marketing other Jam Space products and Services to you. Jam Space may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.
8.1 No claim relating to Services will be considered unless made within 14 days of provision of the Services.
8.2 As Jam Space is not a party to any sale or transaction between you and another member, you agree not to involve, or attempt to involve, Jam Space in any dispute or in the resolution of disputes that arise between you and another member as a result of the Services provided.
9. Consumer Guarantees Act
9.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the company provides Services for the purposes of a business in terms of sections 2 and 43 of the Consumer Guarantees Act 1993.
10.1 Jam Space will use its reasonable endeavours to ensure the availability of the Website and Hosting Service, subject to any downtime required for maintenance. However, Jam Space takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Hosting Service being unavailable. Further, Jam Space assumes no responsibility for the corruption of any data or information held by Jam Space.
10.2 Jam Space provides Message Boards for the use of Members. The Message Boards may not be used to promote classifieds, websites or any commercial or business activity. Jam Space is not responsible for any of the opinions expressed in the Message Boards. By posting a message to the message board you agree to take full legal responsibility and liability for your comments, including for offensive or defamatory statements.
10.3 Jam Space has no liability for any lack of performance, unavailability or failure of the Hosting Service, the Services or the Website, or for any failure of Jam Space to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Jam Space.
10.4 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.
10.5 If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
10.6 These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
10.7 Jam Space (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the Website. You may not without our prior written permission, in any form or by any means:
(a) Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
(b) Commercialise, copy, or on-sell any information, or items obtained from any part of this Website.
10.8 These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.