A)These terms and conditions of use (Terms) apply to the Limbo website and associated applications (the Platform) and the services (Services) operated and provided by Limbo Transactions Limited
B)These terms and conditions apply to all users of the Platform and all content, services and products available through the Platform. By using the Platform, you are deemed to agree to these terms and conditions of use without qualification.
C)If you do not agree to be bound by these terms and conditions, you must stop accessing and using the Platform.
In these terms and conditions, unless the context indicates the contrary:
3.1.New Zealand Residents and Citizens only
Only residents and / or citizens of New Zealand may access and use the Platform. If you are not a New Zealand resident or citizen, then you may not use or access the Platform and you should stop doing so immediately.
3.2.The Platform and Services
The Platform is a mobile application designed to mitigate fraudulent dealings between buyers and sellers and is intended to assist in particular with dealings initiated via Facebook Marketplace.
3.3.Opening an account
A)To use the Platform and our services, you must open an account by completing the registration process through the Platform. We can decline to open an account or provide a service, without notice and for any reason.
B)Where required, you must provide proof (satisfactory to us) of your identity when you open an account, to enable us to meet our obligations under New Zealand law (in particular any anti money laundering or countering financing of terrorism requirements). In addition, we may ask for such other information as we consider is necessary or desirable
You appoint Limbo, and Limbo accepts the appointment, as your agent for any Transaction that you have entered into through your account on the platform in accordance with these terms.
3.6.Intellectual Property Rights
We own all legal rights, titles and interests in and to any and all elements of the Platform, including any and all intellectual property. No part of the Platform may be distributed or copied for any commercial purpose and you are not permitted for any purpose to incorporate the contents of the Platform or any part of it in any other work or publication (whether in hard copy, electronic or any other form) without our prior written consent. Further, you may not copy, use, remove or alter any trademarks or logos that appear on the Platform or on any content on the Platform. Copying and unauthorised use, both commercial and non-commercial, without our prior permission is prohibited.
The contents of the Platform include links to third party materials, including certain policies of the Amazon Web Services network that it runs on. We will not be responsible for the contents of any linked sites or be liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties. The inclusion of any linked site does not imply any endorsement of it by us or any association with its operators.
3.8.Links to our Website and Platform
We reserve the right to prohibit links to our website or our Platform available and you agree to remove or cease any link upon our request. You may not frame any part of our website or Platform content by including advertising or other revenue generating material.
3.9.Fees and payments
Our fees will be determined in accordance with Product Price as follows:
A)where the Product Price is under $25.00, our fees are $0.00.
B)where the Product Price is $25.00 or more, our fees are 0.5% of the Product Price payable by the Purchaser, with a minimum charge of $1.00 and a maximum charge of $10.00.
You agree to pay our fees. You agree to pay all fees and expenses associated with or incurred by you in relation to your use of our services or platform which are published on our platform.
By using our platform, you accept that it is up to you to understand whether and to what extent, any taxes apply to any transactions you conduct through our services or platform. We accept no responsibility for, nor make any representation in respect of, your tax liability.
3.11.Registration and accounts
Where you register on the Platform:
A)you ensure that all usernames, passwords and other credentials are kept secure and confidential. You must notify us immediately of any unauthorised use of your password, credentials or any other breach of security.
B)you may not transfer or assign your account to another user or maintain more than one account with us without our consent.
C)you confirm that the data you provided to us on registering was current, complete and accurate at the time you provided it. You agree to maintain and update the data as required to keep it so.
D)you release us from and renounce any claim in respect of or arising from any reasonable reliance by us upon any use of your credentials and password, including us disclosing information relating to your registration and use of the platform.
E)you agree to indemnify and hold us, our officers and employees harmless from any claims, actions, costs (including legal costs), or losses by us or any third party due to or arising out of reasonable reliance by us or any third party upon any acts carried out, requests made or information provided through the use of your credentials or password.
F)we may, at our sole discretion, suspend or terminate your account and limit your access to the Platform (see clause 3.14 of these Terms).
If you use any communication tools available on the Platform (such as any forum, chat room or message centre), you agree only to use such communication tools for lawful and legitimate purposes. You must not use any communication tool for posting or disseminating any material unrelated to the use of the Platform, including (without limitation) offers of goods or services for sale, files that may damage any other person's computing devices or software, content that may be offensive to any other users, or material or data in violation of any law (including data or other material that is protected by copyright or trade secrets which you do not have the right to use). When you make any communication on the Platform, you represent that you own the content of the communication. We are under no obligation to ensure that the communications on the website are legitimate and we are not able to monitor communications at all times. We reserve the right to remove any communication at any time in our sole discretion. Please report any objectionable information to us at: firstname.lastname@example.org
When you use the Platform, you must not:
A)use the Platform for any purpose that is unlawful or prohibited by these Terms, including without limitation posting or transmitting any Product or communication which is or may be threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, profane or spam material;
B)publish advertising material of any kind or market any goods or services directly to other users; or
C)attempt to disrupt or interfere with the operation of the Platform.
3.14.We can suspend your account
We may suspend, limit or restrict access to your account, the platform any service, at any time without notice if:
A)you fail to pay us amounts owing under these Terms to us, or any other person when they are due.
B)we become aware of a dispute over either the ownership of any Product, the amount of any Product Price, or the operation of the account.
Subject to any applicable law, if we close your account: We may at our discretion provide you with access to the platform solely to the extent necessary to access to your account for a period of 90 days to allow you to transfer your credit information to a different digital wallet or to redeem any fiat pegged tokens.
We make the Platform and its information and content available to you as a service. Use of the Platform to carry out Transactions is at your own risk. We are not responsible for any adverse consequences arising out of such use. The Platform has not been developed to account for the particular objectives, situation or needs of any individual users.
3.16.Exclusion of liability
To the fullest extent permitted by law, we exclude:
A)all warranties and representations in relation to the Platform including in relation to the use of the Platform to carry out Transactions, any content on the Platform and any other services provided through the Platform whether express, implied, statutory or otherwise and we will not be responsible for any errors or misstatements in the Platform.
B)all liability in relation to the Platform whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including direct, indirect, consequential or special loss or damage, or loss of profits, loss of data, loss of savings and loss of opportunity).
3.17.Maximum extent of liability
Where our liability cannot be excluded, you agree our maximum liability will not exceed an amount equal to the Fees paid by you in the preceding calendar month.
You will take all necessary action to defend and indemnify us and our officers and employees against all costs, expenses and damages incurred in connection with any claim brought by another user or by a third party against us arising from a breach by you of any of these Terms.
3.19.Change of use terms
We reserve the right to change these Terms at any time by notifying users of the existence of the amended Terms through the Platform. By continuing to access the Platform, you agree to be bound by the amended Terms.
We will use reasonable care in operating the Platform, so as to limit disruptions. However, you accept that the Platform will not necessarily be available uninterrupted or error-free and it may also be inaccessible from time to time while undergoing maintenance or upgrade work.
These terms and conditions will not be deemed to create a partnership, joint venture, agency or employment relationship of any kind between us and you
These terms and conditions form the entire agreement between us and you relating to the use of the Platform and your use of the Services.
If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question will not be affected thereby.
Headings are for ease of reference only and are not an aid in interpretation.
4.5.References to clauses
References to clauses are references to clauses of this contract.
If you have any questions or concerns in relation to the Platform or these terms and conditions, please contact us at: email@example.com.
4.7.Location of transactions
All transactions through the platform are deemed to take place in New Zealand. On completion of the transaction, you are deemed to take possession of your account and the assets in your account in New Zealand.
Your use of the Platform, and any Transactions carried out on the Platform, is governed by New Zealand law.
If at any time we do not enforce any of these Terms or grant you time or other indulgence, we will not be construed as having waived that term or condition or our rights to later enforce that or any other term or condition. Further, if any part or provision of these Terms is deemed to be invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part of provision. The remaining Terms will be binding on the parties
We have the right to terminate these Terms and cancel or suspend our agreement with you for any reason we deem necessary. You agree that we are not required to provide you with any advanced notice of any suspension or termination of these terms and conditions, and that we are not required to provide you with any advanced notice of termination of our agreement with you, and that we are not liable to you or any other third party for any damages or consequences caused by any such suspension or termination.