Ralli | Terms and Conditions

Terms and Conditions

Last updated February 12, 2020

In the course of operating this Online Platform and providing the facility to have conversations about buying or renting products, goods and services.

Pricemaker Limited ("Pricemaker") operates an online platform, known as Ralli, comprised of internet and mobile websites, downloadable software applications for use on smart phones or tablets ("Apps") and any other electronic means by which Pricemaker offers the Services from time to time ("Online Platform"). By accessing and browsing this part of the Online Platform, you agree to comply with the terms and conditions set out below ("Online Platform Terms of Use"). If you do not agree to comply with these Online Platform Terms of Use you must immediately leave the Online Platform.

  1. Ralli's Online Platform

    1. The purpose of the Online Platform is to provide a venue for:
      1. Consumers to start conversations about products, goods or services that they want to buy; and
      2. Businesses to make offers to supply those products, goods or services to those shoppers.
  2. Ralli's Online Platform

    1. The purpose of the Online Platform is to provide a venue for:
      1. Consumers to start conversations about products, goods or services that they want to buy; and
      2. Businesses to make offers to supply those products, goods or services to those shoppers.
    2. Except for making available the Online Platform and the conversations and other processes on it, Pricemaker does not itself buy or sell any products, goods or services on the Online Platform. If you wish to buy any of the products, goods or services described on the Online Platform, you must become a registered user and start your own conversation for that product, good, or service. Pricemaker does not act as the agent of any business in relation to their products, goods or services.
    3. Pricemaker is not responsible for the conduct or performance of any business using the Online Platform, or the quality, suitability, safety, legality or availability of any of their products, goods or services.
  3. Information on Ralli's Online Platform and links to other websites or platforms

    1. Members of Ralli's Online Platform maintain their own product, good or service descriptions, conversations, offers and other information themselves, and without Pricemaker's involvement. Therefore, Pricemaker does not warrant or represent that any information on the Online Platform, sent to you via any part of the Online Platform or downloaded by you from the Online Platform ("Information") is current, complete, or accurate.
    2. Additionally, Pricemaker is not responsible for any third party advertising on the Online Platform, or any content, information or any third party website that is linked to any part of the Online Platform, as Pricemaker has no control over such advertising, linking or websites. Pricemaker includes such advertising and links as they may be of interest to you, but you should not consider such advertising or linking as an endorsement by Pricemaker of any business, product, service or information in any advertising or linked website. Also, Members may add their own links to content, information or other websites without Pricemaker's involvement, monitoring or endorsement.
    3. You will be responsible for your use of any Information and any information on or from any content or website linked to the Online Platform. You should make your own investigations as to the quality and usefulness of all such information.
  4. Intellectual property rights

    You acknowledge that:

    1. all copyright, trade marks, database rights and other intellectual property rights in the product descriptions, conversations, offers, the Information and in the Online Platform itself are owned by Pricemaker or its licensors; and
    2. except as expressly stated in these Online Platform Terms of Use, no right or licence is granted to you in relation to the Information or the intellectual property rights in such Information.
  5. Privacy Policy

    1. Pricemaker may collect personal information when you use the Online Platform. Pricemaker's collection and use of personal information is governed by Pricemaker's Privacy Policy. By accessing and browsing the Online Platform, you accept the terms of the Pricemaker Privacy Policy.
  6. Payments and cancellations

    1. Billing

      You may purchase a Paid Subscription directly from Pricemaker or through an authorised third party by paying a subscription fee in advance on a monthly basis.

      Pricemaker may change the price for the Paid Subscriptions, including recurring subscription fees or the Pre-Paid Period (for periods not yet paid) from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Ralli Online Platform after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.

    2. Renewal

      Your payment to Pricemaker or the third party through which you purchased the Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period through your account management page.

      The cancellation will take effect the day after the last day of the current subscription period. If you purchased your Paid Subscription through Pricemaker and you cancel your payment or Paid Subscription and/or terminate any of the Agreements before the end of the current subscription period, we will not refund any subscription fees already paid to us.

      If you have purchased your Paid Subscription through a third party, you must cancel directly with that third party.

  7. Online Platform integrity

    1. You must not attempt to:
      1. damage, interfere with or harm any part of the Online Platform, or any network or system underlying or connected to the Online Platform, in any way whatsoever;
      2. amend any Information contained on the Online Platform, unless you are expressly permitted by Pricemaker to do so; or
      3. translate, decompile, reverse engineer, reverse compile, reverse assemble or in any manner attempt to derive the source code of the Online Platform or the software underlying or connected to the Online Platform, or directly or indirectly allow or cause a third party to do so, except to the extent expressly permitted under applicable law.
  8. Warranties and liability

    1. You understand and agree that your use of the Online Platform is at your sole risk. The Online Platform is provided by Pricemaker on an "as is" and "as available" basis. Pricemaker disclaims and excludes any and all conditions, terms or warranties in relation to the Online Platform (including, but not limited to, any warranties of merchantability, quality and fitness for a particular purpose) whether express or implied by statute or common law or otherwise, to the fullest extent permitted by law.
    2. Without limiting the above, Pricemaker does not warrant that the Online Platform or any services provided by Pricemaker will be available at all times, secure or error-free, or that any Information is error-free or reliable.
    3. In no event will Pricemaker, its employees, agents, directors and other personnel have any liability to you (whether in contract, tort including negligence, or otherwise) in relation to your use of the Online Platform or any services provided by Pricemaker, or in relation to any members of Pricemaker, whether or not such liability is direct, indirect, consequential or of a special nature, including but not limited to any liability for loss of revenue, profit, anticipated savings, goodwill, opportunity, production or loss or corruption of data.
    4. None of the exclusions or limitations set out in these Online Platform Terms of Use will limit or exclude any form of liability to the extent such liability cannot be limited or excluded under applicable law.
  9. Non compliance

    1. If you do not comply with these Online Platform Terms of Use, Pricemaker may suspend or block your access to the Online Platform and pursue any other legal actions or remedies available to Pricemaker against you.
  10. General

    1. These Online Platform Terms of Use may be amended or reviewed by Pricemaker from time to time. Amendments and revisions will be effective immediately upon posting on the Online Platform. Your continued browsing or use of the Online Platform will constitute acceptance of any amendments or revisions to these Online Platform Terms of Use. You are responsible for ensuring you are familiar with the latest version of the Online Platform Terms of Use.
    2. No failure or delay by Pricemaker in exercising any right, power or privilege under these Online Platform Terms of Use will operate as a waiver of such right, power or privilege, nor will any single or partial exercise preclude any other or further exercise of any right, power or privilege under these Online Platform Terms of Use.
    3. If any provision of these Online Platform Terms of Use 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 will continue in full force and effect.
    4. These Online Platform Terms of Use are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.