TERMS OF SERVICE
56ROCKET.com and its related sites, products, services, mobile applications, and tools (individually and collectively, the “Site”) are owned and operated by 56ROCKET, a company registered in New Zealand (“56ROCKET,” “56R”, “Us” or “We”). These terms and conditions (“Terms”) govern your (“User”, “You”, “Consignor” or “Seller”) use of and conduct on the Site. Should you purchase any item(s) on the Site, the conditions of sale beginning (referred to as the “Conditions of Sale”) shall govern your transaction as prospective purchaser and buyer (collectively, “Buyer”).
The Site provides an online marketplace for sellers (“Seller”) to offer to sell goods (“Items”) to prospective purchasers. In the event of a sale of any Item, the sale is made directly between the Buyer and the Seller, and is governed by this User Agreement and the Conditions of Sale.
This Agreement is effective on March 1 2022. The Agreement is between you and 56ROCKET. Any person found to have violated this Agreement (or any other policies that have been published to the Website) may be banned from using our website or services. Any action taken at the sole discretion of 56ROCKET.
Alterations to the Agreement and Additional Terms
We reserve the right to change the Agreement from time to time, with or without notice to you and at our sole discretion. Your continued use of the Website or any Services implies the acceptance of these changes or amendments. It is up to you as buyer and/or seller to review this Agreement when using the Website or our Services.
At our sole discretion, 56ROCKET may refuse access to use of any of our Services to any person, or entity, and 56ROCKET reserves the right to alter its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.
Users must be 16 years of age or older to use this Site. This Site is not directed at children under the age of 13 and does not knowingly collect information from such minor children..
You agree that you will comply with all local laws regarding acceptable online conduct and content. You are solely responsible for any applicable taxes that may apply by using our services. In addition, you must abide by these policies as stated in the Agreement and any other policy documents available via hyperlink in this Agreement (as applicable to the activities you conduct by using any of our Services) as well as any and all other operating rules, policies, and procedures that may be published by us from time to time, on our Website, each of which is incorporated herein by reference. You agree that 56ROCKET Ltd has the right to update these policies from time to time, without notice to you.
Additionally, some Services offered by 56ROCKET Ltd may be subject to additional conditions and terms published by 56ROCKET Ltd from time to time; your use of these additional Services is subject to your agreeance of those additional terms and conditions, which are incorporated into this Agreement by this reference.
Items Available on the Site
(a) All Items displayed on the Site are offered for sale subject to availability. Some Items displayed on the Site are unique and are offered by Sellers that usually have retail opportunities for the sale of the Item independent from 56ROCKET, and therefore some Items may no longer be available.
(b) The Site is designed to provide the Buyer access to Items as the Sellers present them. The Buyer is aware that unless stated otherwise, Items are neither new nor in ‘perfect’ condition. An Item may require touch-up or repairs prior to use and that the available information about these Items may be limited. Accordingly, 56ROCKET does not verify any information provided by the Seller (or its representative selling an Item) and 56ROCKET makes no representations or warranties with respect to the Seller, the Item or the information related to the Item.
Listing and Selling
You may list and sell new and gently used (“pre-owned”) fashion, art or objects (such as clothing, handbags, shoes and jewellery) on the Website. Any “pre-owned” listings that are created must be of a brand that we accept. To view our accepted brands, please use this link: https://www.56rocket.com/pages/preowned-brands
You are not entitled to list or sell designer replicas or derivatives - including (but not limited to) items that are in any way counterfeit, inauthentic, or not manufactured for retail sale by the designer whose name, trademark, logo or design is represented in or on the item.
By listing an item for sale on 56ROCKET, you warrant and represent that (a) you and all aspects of the item being listed by you (or by way of submission through 56ROCKET) complies with the Agreement; (b) you have the full legal right to sell the item; (c) the depiction and description of the item, including any damage, is truthful, complete and accurate; and (d) the item is listed in the appropriate applicable category. Your listings may only include text descriptions, photos, images, graphics and other content relevant to the sale of that item only. All items must be listed in an appropriate category with relevant tags. Every individual item must have its unique listing. You agree that any listing you create can be subject to review by 56ROCKET at any time, and that 56ROCKET reserves the right to remove any listings that we do not believe fits within our criteria, at our sole discretion.
Physical Store Consignment
56ROCKET represents and warrants that the 56ROCKET shall maintain insurance coverage sufficient to compensate the Consignor for the fair market value of the Consigned Items in the event of damage due to fire, theft, or otherwise.
56ROCKET agrees and acknowledges that the Consigned Items shall only be kept and stored at 18 Dunmore Street, Wanaka, New Zealand unless otherwise agreed upon by the Consignor in writing.
In the event that all the Consigned Items are not sold within 8 weeks of delivery, all unsold Consigned Items shall be returned to the Consignor with all delivery costs borne by the 56ROCKET. If items are requested by the Consignor within the 8 week time frame, return delivery costs shall be borne by the Consignor. The Consignor is responsible for all delivery costs of items being sent to the store. 56ROCKET bears no responsibility of cost or damage to items whilst in transit.
When items that are unsold are returned to the Consignor, the Consignor agrees that the condition may not be of that as it was when originally delivered due to customers ‘trying on’ goods.
The Consignor hereby grants 56ROCKET the exclusive right to display and sell the Consigned items according to the terms and conditions of this Agreement
Sellers will be charged a commission fee of 40% of the sale price less gst. Sellers will be paid on the 20th of the month, or as otherwise agreed.
Managing the Seller Store – ‘New Sellers’
56ROCKET will provide the Seller with instructions on how to establish and manage its Seller Account.
The Seller will not advertise or link any reference to any other business or website (including Seller’s website) in the 56ROCKET Seller Store without the prior consent of 56ROCKET.
The Seller will ensure that the Seller’s details on the Website and Seller Dashboard are true, accurate, not be false, inaccurate or misleading, not offensive, indecent, obscene, pornographic, menacing, abusive, defamatory, or in poor taste, and not cause 56ROCKET’s Website or any part of it or the Seller Dashboard of the Seller or any other registered Seller to lose its functionality or cause to the same to be interrupted, damaged or impaired in any way. If any information provided by the Seller on the Seller Dashboard is false, 56ROCKET may suspend or terminate the Seller Dashboard and shopfront on the Website.
The Seller will ensure that all products offered for sale are of a consistently high quality and uniqueness.
The Seller acknowledges that 56ROCKET retains the absolute and unconditional right to determine the visual identity and branding of its Website and that of other Sellers.
Creation of the Product Page - ’New Sellers'
A Product Page must be drawn up for each Product that a User wishes to offer for sale. The Seller must accurately describe all of the characteristics of the Product and must mention its Price in the Product Page. The characteristics of the Product mentioned in the Product Page, must match the characteristics declared by the Seller prior to verification by 56ROCKET. The Products that are offered for sale must be available for ordering by Buyers as long as the Product Page appears on the Web Site. A Seller may permanently remove a Product that is advertised for sale from the Web Site at any point in time, provided that this Product has not been ordered, by deleting the Product Page. The Seller undertakes to comprehensively, honestly and accurately describe the Product’s characteristics, its brand, and any faulty workmanship, damage or wear, or other attribute of the Product that a Buyer would reasonably want to know at the time of buying that Product. The Seller undertakes not to publish an altered depiction of the Product. Should a Product have undergone any visible alterations prior to being put up for sale (customisation, personalisation, etc.), the Seller undertakes to mention this expressly in the Product Page. 56ROCKET shall be entitled to accept or to reject a Seller’s Product Page prior to its being put online on the Web Site in order to ensure the coherence of the Products that are offered for sale on the Web Site.
Altering a Product Page - ’New Sellers'
The Sellers may add comments in the space earmarked for this purpose. They may also add additional photographs of a Product that is listed on the Web Site, after publication of the Product Page on the Web Site. Any addition of images shall be subject to validation by 56ROCKET. These alterations of the Product Page shall not apply to transactions that are under way (namely after a Buyer places an order for the Product). A Seller may lower the Price of a Product, in which case the Seller Fees of 56ROCKET shall be adjusted in keeping with the Seller Fees’ scale. 56ROCKET may suggest that the Seller alter the Price of a Product in order to make it coherent with the prices of other Products listed on the Web Site and with the market’s expectations in general. The Price of a Product is determined by the Seller. Throughout the sale process, the Seller shall have full visibility over the Price and the corresponding Seller Fees. Prior to advertising their Products for sale on the Web Site or lowering the Price of a Product, the Sellers must confirm, each time, that they accept the Price and 56ROCKET’s Seller Fees.
Seller Fees – ‘New Sellers’
56ROCKET takes a 25 Percent Commission per sale. This commission fee is applied to the net amount received per sale (not including GST).
Seller Fees – ‘Pre-owned Sellers’
To view information about our current fees, please use this link: https://www.56rocket.com/pages/how-it-works
All sales on 56ROCKET Ltd are binding. Sellers are responsible for listing their items accurately, and the Buyer is responsible for reading the item description in its entirety before making a purchase. Sellers are obligated to ship orders to complete the transaction with the Buyer in a prompt manner, unless there is an exceptional circumstance that prevents this. The Buyer is obligated to pay for the purchases in full, unless there is an exceptional circumstance that prevents this
If a sale or purchase is not completed, your account and any of your live listings may be suspended or removed from 56ROCKET Ltd at our sole discretion. You may request that your account and listings be re-activated, which 56ROCKET Ltd may also do at its sole discretion
The price that you state in each item listing description must be an accurate representation of the sale. As a Seller, you may not change the item's price after a sale has been completed for the purpose of avoiding 56ROCKET Ltd success fees. You must also not misrepresent the item's location, or use another Seller's account without expressly written permission.
Any offer to buy or sell outside of the Website carries the potential risk of fraud for both the Buyer and Seller, and as such are strictly not protected by 56ROCKET Buyer/Seller Protection, the Agreement, or any other Buyer/Seller protection programmes. Additionally, these offers may be an attempt at avoiding 56ROCKET Ltd success fees. This is unfair to other Sellers on 56ROCKET that are selling and violates the Agreement and will result in account cancellation/termination. You must not exchange personal information or engage in transactional activity with another Seller or Buyer in any manner to avoid the success fee or the 56ROCKET Checkout process. You may not alter the price of any item or fees owed to 56ROCKET when Website or Services we offer.
Shipping and Packaging
‘New’ Sellers are responsible for all shipping of purchases made through the website and must use a trackable service. The Seller must ship the item (unless otherwise stated and agreed with the Buyer) within 24 business hours. 56ROCKET bears no responsibility or cost towards shipping or insurance in the event of items being lost in transit. It is the sole responsibility of the Seller to follow-up on any shipping queries placed by the customer.
Sellers must ensure all items are adequately packaged to minimise any risk of damage in transit.
56ROCKET will provide ‘Pre-owned’ Sellers with prepaid labels to send items for sale to their headquarters. The Seller is responsible for all packaging of the product and 56ROCKET will bear no cost or responsibility of the damage of items whilst in transit. Sellers must use the label provided by 56ROCKET. No items will be accepted is the Seller uses their own means of freight.
Where in possession, 56ROCKET will ship any sold items on the ‘Pre-owned’ Sellers behalf using a trackable service.
Upon completion of a sale or acceptance of a rental request: ‘New’ Sellers will have access to the Buyer's full physical address. As a Seller, you are strictly prohibited from using this personally identifiable information for any purpose other than completing the sale
In order to get paid for completed sales, Sellers may be required at 56ROCKET’s discretion to verify your identity for 56ROCKET to maintain a safe place to buy and sell. At any time, 56ROCKET reserves the right to require a Seller to verify their identify.
56ROCKET, at its sole discretion, may place a hold on any or all earnings based on certain factors. This may include, but is not limited to, the sale of an expensive item (e.g. more than $300 in value), designer brand item, for up to four days after the delivery date to ensure the Buyer's satisfaction and to protect the Buyer from sales of replica items or any other misrepresentations by the Seller (including, but not limited to condition/size/color, and style as communicated in the item description and photos on the listing on our Website). The Seller's earnings will be released after the holding period if 56ROCKET is not alerted of any issues with the purchased item. 56ROCKET may, for any reason or amount or period of time, request official documentation to support purchases or withdrawals for any reason (e.g. Drivers License) to ascertain that your account information is consistent. If 56ROCKET is not satisfied of the documentation (or not provided such documentation), 56ROCKET may at its discretion reverse any and all transactions related to the purchase or withdrawal.
‘New’ Sellers agree that if you are selling your item via different venues or websites, in the event of a successful sale of your item on both 56ROCKET and another venue simultaneously shall result in priority given to the Buyer who purchased the item via 56ROCKET.
Linking to competitors
You agree to not refer Buyers to any competitors (e.g. other marketplaces) of 56ROCKET in any way - including, but not limited to publishing hyperlinks via a listed item/direct messaging or through any other channel on 56ROCKET.
When purchasing an item, you agree that you are responsible for reading the item listing description in entirety before committing to purchase, You also agree that you are entering into a legally binding contract with the Seller to purchase their items when you commit to purchase the item. Furthermore, you agree that 56ROCKET Ltd is not a party to the contract, and does not transfer legal ownership of the item from Seller to you.
56ROCKET Credit may be issued by 56ROCKET as the result of a Seller request as payment of their sold item or as otherwise at the sole discretion of 56ROCKET for any other reason. 56ROCKET credit is strictly not redeemable for cash, nor can it be transferred. Any available 56ROCKET Ltd Credit will be automatically applied at checkout and will be deducted from your order total. 56ROCKET Ltd may investigate the issuance of 56ROCKET Ltd Credit and, if deemed appropriate, may reverse any or reduce any or all 56ROCKET Ltd Credit that has been issued at its sole discretion
If a sale is cancelled by 56ROCKET Ltd (for any reason), 56ROCKET Ltd will notify the seller at the seller's registered email address. The notification will expressly inform the seller of the sale's cancellation and to disregard any prior successful sales email, and to inform them not to send the item for any reason whatsoever.
If 56ROCKET Ltd gives effect to a sale cancellation, the seller agrees to indemnify 56ROCKET Ltd against any and all losses that are incurred as the result of the seller still sending the item to the buyer after the notification of cancellation has been successfully delivered electronically.
Seller Submitted Content
You may submit items (including artwork, images, text, graphics, logos, and similar items) in connection with the Website.
56ROCKET does not claim any ownership right of Seller Submissions. You grant 56ROCKET a sole licence that enables 56ROCKET to use any information or Seller Submissions you supply 56ROCKET with, so that 56ROCKET is not violating any rights you might have in that Seller Submission. You grant 56ROCKET a worldwide, non-exclusive, perpetual, royalty-free, fully paid-up license to use, reproduce, reformat, create derivative works of, distribute, excerpt, perform, and display the Seller Submission (in whole or in part) and to incorporate the Seller Submission in other works in any form, media, or technology now known or later developed (a) on the Website (including any mobile version of the Website); (b) on any application designed or developed to allow others to view your Seller Submission; (c) in materials created to promote the Website and any of its contents, and (d) in connection with online and offline events conducted in connection with the Website.
You warrant and represent that the Seller Submission (a) is your own original work and you own all rights in the Seller Submission, or that you have all rights in the Seller Submission needed to grant the license to the seller Submission contained in this Agreement; (b) will not violate any third party rights, including any third party privacy rights, intellectual property rights, moral rights, or other proprietary rights; (c) does not violate any regulation or law; and (d) does not contain any virus or other malicious software, including any software which could interfere with the performance of the Website or collect seller data from other sellers of 56ROCKET.
Prohibited and Restricted Items and Activities
You are solely responsible for your conduct and any activities on the Website, including any interactions with 56ROCKET or its Services, and all Submissions that you submit, post, and display on the Website.
Without notice, 56ROCKET reserves the right to block access to, remove, or otherwise make unavailable any Seller Submission or other content that is (a) in violation of any part of this Agreement; (b) the subject of a court order or request from a governmental agency or law enforcement; or (c) otherwise unlawful, unethical, immoral, or improper for the 56ROCKET community, as determined by 56ROCKET in its sole discretion. Further, we may block Sellers that violated the Agreement repeatedly, or have engaged in other behaviour which 56ROCKET Ltd deems necessary for removal of the Seller Submission.
Seller Submissions and your use of 56ROCKET Ltd shall not:
be in any way false, inaccurate, or misleading;
misrepresent your identity or an affiliation you have with any other person or entity;
be fraudulent or involve the sale of replica, illegal, or stolen items; infringe upon any third-party's rights, including any third party copyright, trademark, patent, trade secret or other proprietary or intellectual property rights, privacy rights, moral rights or any other proprietary rights; sell or list any item that is illegal to sell under any applicable law, statute, ordinance, or regulation, including but not limited to replica, counterfeit, or stolen items; child pornography; obscene materials; drugs; trade secrets; or items that have been identified by any New Zealand authority as hazardous to consumers and therefore subject to recall;
arrange the swap or trade of items with other Sellers on 56ROCKET promote or otherwise advertise any other goods, services or hyperlinks to any other businesses, other than the Seller Submission that is for sale via the Website or Services;
violate this Agreement or any site policy, community guidelines, or any applicable law, ordinance, statute, or regulation (including, but not limited to, those governing consumer protection, anti-discrimination, unfair competition or false advertising);
harass, stalk, annoy, harm, threaten, or otherwise engage in any sort of abusive behaviour towards other sellers, including contacting, advertising or soliciting to any other seller without prior explicit written consent from 56ROCKET, or using an automated system to send messages or comments or to other sellers; intimidate or impersonate any person (including any 56ROCKET team members or other members), or falsely misrepresent or state your affiliation with any person through the use of a similar email address, nickname, or creation of false account(s) or any other methods of deceit; send mass unsolicited messages, “flood” servers with requests, or perform similar actions;
interfere with a Seller's profile; Engage in any action that may undermine online reviews or feedback; access, or attempt to access, any part of the Website or other personal information through any automated means (including via the use of scripts, scraping, or web crawlers) or violate any instructions set out in any robots.txt files present on the Website; disrupt or interfere with the Services or Website or servers or networks connected to the same;
obtain, or attempt to obtain, unauthorized access to materials, computer systems, or information, including attempting to obtain, use, or access any information or materials that is not intentionally made publicly available via the Website;
display, manipulate, or access the Website or any materials or information found thereon using "framing," "deep linking." or any similar technique that bypasses or circumnavigates the intended architecture and layout of the Website;
transmit or contain any code or malicious software of a destructive or malicious nature, including any software that may collect any Seller or Buyer data or personal information from Buyers or Sellers of the Website or Services; store, upload, distribute, or disseminate electronic files that are corrupted or contain viruses, "trojans," "spyware," "adware," "malware," or any other malicious components, or take any measures, such as implementing or co-ordinating DDoS "denial of service" attacks, "email bombs," or other techniques that impose an unreasonable or disproportionately large burden on the Website or any other 56ROCKET system or network, or that are otherwise designed to interfere with such systems or networks; appear to create a liability for 56ROCKET or cause 56ROCKET to lose (in whole or in part) the services of 56ROCKET’s internet service provider or other vendors; Link directly or indirectly, or reference or contain descriptions of goods or services that are prohibited under this Agreement and any other policy documents posted on 56ROCKET; or copy, modify, create a derivative work of, reverse assemble, reverse engineer, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Service.
In the event of a replica or misrepresented listing, 56ROCKET will pull funds from the Seller even if the Seller has already cashed out the 56ROCKET credit. Furthermore, you may not list any item on 56ROCKET (or consummate any transaction that was initiated using our Services) that by paying to 56ROCKET could cause 56ROCKET to violate any applicable law, statute, ordinance, regulation, or that violates this Agreement.
56ROCKET has no control over Seller Submissions provided by sellers that are made available on the Website and Services. There is the possibility you may find some seller Submissions to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretences.
By using the Website and Services, you agree to accept these risks and that 56ROCKET (and 56ROCKET’s officers, directors, agents, joint ventures, subsidiaries, and employees) are not responsible for any and all acts or omissions of sellers on 56ROCKET. Please use caution, common sense, and practice safe selling and buying when using 56ROCKET.
56ROCKET is in no way responsible for the availability of outside websites or resources references or linked to on the Website or Services. 56ROCKET does not endorse, and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that 56ROCKET 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 the use of or reliance on any such content, goods or services available on or through any such websites or resources.
56ROCKET may restrict, suspend, or terminate your use of or access to the Website or Services, without notice or liability to you and in its sole discretion, and without refunding any fees, if 56ROCKET suspects (by information, investigation, conviction, settlement, or otherwise) that (a) you are in breach of, are attempting or threatening to breach, or are acting inconsistently with the terms and spirit of this Agreement; (b) you are in breach of, are attempting or threatening to breach, or are acting inconsistently with the terms and spirit of any 56ROCKET policy; (c) your activities on or in relation to the Website may violate applicable law; (d) you are unable to verify or authenticate any of your personal information or Seller Submissions; (e) you have failed to pay a fee; (f) you may cause legal liability or financial loss to 56ROCKET’s Sellers or to 56ROCKET; or (g) for any other reason at any time. This includes cancelling any unverified accounts or inactive accounts, warning 56ROCKET’s community of a seller's actions, temporarily or indefinitely suspending a Seller's account privileges, terminating a Seller's account, or prohibiting access to the Website or Services, and taking technical or legal steps to keep a seller off the Website and refusing to provide Services to a seller. Further, any suspected fraudulent, abusive, or illegal activity, including violations of the Agreement and any additional 56ROCKET policy, may be referred to appropriate law enforcement authorities or other appropriate third parties.
56ROCKET reserves the right to suspend and/or terminate a Seller's account or any accounts held by that Seller by virtue of association, including all usernames under which that Seller operates on the Website or Services.
Personal Information and Privacy
Seller grants 56ROCKET a worldwide, non-exclusive, royalty-free license (including the right to sublicense) to use, reproduce and communicate to the public the Seller’s Information during the term of this Agreement, either as part of the Website (including in response to search requests or when displaying a list of products sorted by product category) or for promotional purposes relating to 56ROCKET or the Website in any medium; and after the Term: for archival, record-keeping and related and incidental purposes.
Seller represents and warrants that the products displayed on its Store and Seller’s Information do not infringe the Intellectual Property Rights of any third party. Seller indemnifies 56ROCKET against any Loss that 56ROCKET may suffer or incur as a result of any Claim brought against 56ROCKET that the products or images displayed on its Seller Store or the Seller Dashboard infringe the Intellectual Property Rights of any third party.
56ROCKET or its licensors retain ownership of all Intellectual Property Rights in and to the Website (other than Seller’s details). Except as expressly permitted by this Agreement, Seller will not use or reproduce 56ROCKET’s name, logo, or trademarks without 56ROCKET’s prior written approval.
Complaint Procedures & Takedown Requests
56ROCKET respects the legal rights of others and expects you to do the same. As a seller, you are required to comply with all laws (including copyright laws) and you are not permitted to use a brand's Intellectual Property (e.g. images and descriptions) unless authorised to do so
If you believe a seller has violated the Agreement or your intellectual property rights, please contact us by means of letter or email:
18 Dunmore Street
If your item is reported, you may receive an email notifying you that your listing will be removed from the Website or Services.
At 56ROCKET’s sole discretion, sellers who infringe on intellectual property rights will have their Seller accounts and/or access to the Services removed or disabled. If 56ROCKET Ltd disables or removes your account, or any content or other materials you have posted, and you believe this was done in error, please forward a written notice stating the same and providing any supporting documentation necessary to establish your rights to our contact information referenced above.
56ROCKET may disclose offenders' personal identification information to third parties with intellectual property rights who have complied with the complaint procedure.
56ROCKET is not involved in the actual transaction between Buyers and Sellers. While 56ROCKET may help facilitate the resolution of disputes through various programs, and may provide guarantees which are backed by our policies (e.g. Buyer Protection, Seller Protection), we have no control over and do not guarantee: (a) the existence, quality, safety, or legality of items advertised; (b) the truth or accuracy of Sellers' content or listings; (c) the ability of Sellers to sell items; (d) the ability of Buyers to pay for items; (e) that a Buyer or Seller will actually complete a transaction or return an item; (f) the legal transfer of item from the Seller to the Buyer; or (g) that a Buyer or Seller will actually complete a transaction.
Rather, our goal at 56ROCKET is to maintain our Website, Services, and related tools, in a manner that is safe, secure, and functioning properly. You acknowledge that we cannot guarantee the continuous operation of or access to our Website, Services, or tools. You further acknowledge that operation of and access to our Website, Services, or tools may be interfered with as a result of technical issues or numerous factors outside of our control. You agree that you are making use of our Website, Services, and tools at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law: WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Limitation of Liability
You expressly understand and agree that 56ROCKET shall not be liable for any direct, indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits, including but not limited to: damages for loss of goodwill, use, data, or other intangible losses (even if 56ROCKET has been advised of such damages), whether based on contract, tort, negligence, strict liability, or otherwise, directly or indirectly resulting from or related to your use of the services or website, including, but not limited to any third party action related to the services or website.
Some jurisdictions may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations set forth above may not apply to you.
If you are dissatisfied with any of the service or with these terms of service, your sole and exclusive remedy is to discontinue use of this service.
You agree to defend, indemnify, and hold harmless 56ROCKET and its affiliates, and their directors, officers, employees, parents, subsidiaries, shareholders, and agents, from and against all claims, demands, liabilities, costs, losses, and expenses, including reasonable attorneys' fees, arising from your use of the Services or Website or your breach of the Agreement, including any dispute with another buyer or seller or claim from a third party. 56ROCKET may elect to assume the defence and control of such claim and, in such case, you agree to cooperate with 56ROCKET in the defence of such claim and to reimburse 56ROCKET for all reasonable expenses and fees incurred in the course of defending such claim.
56ROCKET does not guarantee continuous, uninterrupted access to the Website or Services, and operation of the Website or Services may be interfered with by numerous factors outside 56ROCKET’s control.
Disputes with Other Sellers or Third Parties
In the event a dispute arises between you and another buyer or seller, or a third party, 56ROCKET encourages you to contact the seller or third party to resolve the dispute amicably
56ROCKET reserves the right, but has no obligation, to monitor and/or manage disputes between you and other buyers and/or sellers of the Website or Services. If you have a dispute with one or more buyers or sellers, you release 56ROCKET, its affiliates and subsidiaries, and its respective officers, directors, employees, and agents from claims, demands, and damages for every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes with one or more buyers and/or sellers, or an outside party. 56ROCKET will only become involved in conflicts between buyers and/or sellers if we are requested to do so and the matter arising meets the requirements stated in our policies.
You may also report disputes to your local law enforcement or a certified mediation or arbitration entity, as applicable.
Legal Compliance; Taxe
You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Website and Services and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make using the Website and Services.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
You and 56ROCKET are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
56ROCKET reserves the right to modify or terminate the Website and Service for any reason, without notice and at any time. 56ROCKET reserves the right to alter this Agreement or other policies at any time, so please review the policies frequently. If 56ROCKET makes a material change, then 56ROCKET will notify you here by posting updates to this Agreement or by means 56ROCKET deems appropriate. What constitutes a "material change" will be determined at 56ROCKET’s sole discretion, in good faith, and using common sense and reasonable judgment.
Unless expressly provided elsewhere in the Agreement, any notice, demand, claim, or communication related to the Agreement may be provided by: (a) electronic mail transmission; (b) postage prepaid; or (c) tracked courier, cost prepaid; and sent to the following:
18 Dunmore Street,
Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid, or 72 hours after delivery by mail or courier. The parties agree that service of process and service of a summons related to any disputes arising under this Agreement between the parties can be served via this notice provision.
This Agreement, and any rights and licenses granted hereunder, may not be transferred, assigned, or sublicensed by you without 56ROCKET’s express written consent. On the other hand, 56ROCKET may assign, sublicense, or otherwise transfer any rights or licenses under the Agreement, without restriction and without prior notice to you.
Following termination of this Agreement and/or your commercial relationship with 56ROCKET, any term of the Agreement logically extended beyond such termination shall survive to the fullest extent necessary to allow you and 56ROCKET to enforce any rights obtained or obligations incurred hereunder.
No term or provision of this Agreement is meant or intended to benefit any third party.
You agree to submit to the applicable laws of New Zealand without regard to conflicts of law principles.
This Agreement represents the entire agreement and understanding between you and 56ROCKET and it supersedes any other agreement or understanding (written, oral or implied) between you and 56ROCKET. No other agreements, promises, representations, or understandings shall be binding upon 56ROCKET with respect to the Website or 56ROCKET’s Services unless contained in this Agreement, or separately agreed to in writing and signed by an authorized representative of 56ROCKET.
Neither you nor 56ROCKET will be deemed to have any liability whatsoever to the other or to any third party for any failure of performance hereunder occasioned by an act of God, force of nature, war or warlike activity, insurrection or civil commotion, labour dispute, transportation delay, governmental regulatory action whether or not with proper authority or other cause similar or dissimilar to the foregoing and beyond its reasonable control, provided the affected party gives prompt notice to the other party.
If any part of this Agreement shall be determined to be illegal, invalid, or unenforceable: (a) that part shall nevertheless be enforced to the extent permissible in order to effect the intent of the parties; and (b) the remaining parts of the Agreement shall be deemed valid and enforceable, so long as the remaining parts continue to fulfil the original intent of the parties.