Updated 01 April, 2024

Welcome and thank you for reading our Terms and Conditions (Terms). These Terms apply to your use of our online deal service, Membership Platform, referred to throughout as the “Membership Platform”. By accessing and using our Membership Platform and our associated services (our “Service”): 

(a) you agree to these Terms; and 

(b) where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms. 

We ask that you review these Terms carefully. If you do not agree to these Terms, you are not authorised to access and use our Service and Membership Platform, and you must immediately stop doing so. 

1. How these Terms work 

1.1 We have broken our Terms into four parts: 

(a) An overview of our Membership Platform and how it works; 

(b) Terms specific to Affiliates who use our Membership Platform and Service; 

(c) Terms specific to Members who use our Membership Platform and Service; and 

(d) General terms that apply to all Members of the Membership Platform. 

1.2 These Terms create three binding contracts: 

(a) An Affiliate contract between us and each Affiliate who uses our Membership Platform and Service; 

(b) A contract between us and each Member who uses our Membership Platform and Service; and 

(c) In the case of any Engagement, a contract between the Member and Affiliate. 

1.3 Our Membership Platform and Service will only work where there is equity and fairness between Qoinmarketplace.com Limited, Affiliates and Members. We reserve the absolute right at any time to determine whether your conduct is inconsistent with the values our Membership Platform and Service are built on and, if we do so, we may decide in our sole discretion to terminate your use of our Membership Platform and Service. 

Overview

2. Our Membership Platform

3.1 The Membership Platform provides a double-sided Membership Platform through which: 

(a) Bartercard and Qoin merchants, management and asset owners (referred to as “Members”) work with Qoinmarketplace.com Limited, to promote their product and service deals and offers; and 

(b) Bartercard and Qoin merchants, management and asset owners (referred to as “Members”) work with Qoinmarketplace.com directly, to optimise and manage deal activity and success for the “Members”; and

(c) Bartercard and Qoin merchants, management and asset owners (referred to as “Members”) work with Qoinmarketplace.com directly, to sell on behalf of assets, properties and businesses (“referred to as Engagement”) via the Qoinmarketplace.com database.

3.2 The Membership Platform is predicated on the upholding of 3 key values: 

(a) Experience: “There is no substitute for experience when making winning decisions. Benefit from our experience and make less errors.”

(b) Relationship: “It takes time and trust to invest in strong relationships. Benefit from our investment in relationships and improve your success.”

(c) Performance: “We are committed to delivering value and customer satisfaction. Benefit from our systems and services and be an industry leader in your region.” 

3.3 Members and Affiliates are both “Members” of the Membership Platform. For clarity, in providing our Service and Membership Platform, we do facilitate the provision of services between Affiliates and Members, we do act as an agent for either party (including facilitating payment under clause 7.1). 

3.4 The Membership Platform operates as follows: 

3.5 We will always endeavour to provide our Service: 

(a) in accordance with these Terms and New Zealand law; and 

(b) exercising reasonable care, skill and diligence. 

3.6 Our Membership Platform is designed to facilitate the engagement between Members via the Qoinmarketplace.com platform. We cannot and do not provide any promise, assurance or guarantee in relation to the legal relationship between Members using our Membership Platform and Members remain independent. 

3.7 Our provision of the Service to you is non-exclusive. What this means is that nothing in these Terms prevents us from providing access to the Membership Platform and our Service to any other person. 

3.8 While we will endeavour to ensure the ongoing availability of our Service and Membership Platform, it is possible that on occasion our Service or Membership Platform may be unavailable. This may be due to maintenance or other development activity taking place, or in the event that something happens which is out of our control. Where possible, we will notify you of scheduled maintenance or other system outages in advance and will try to schedule such occurrences outside of peak business hours. 

3.9 It should be noted that our Service and Membership Platform combine our own proprietary Products with a range of third-party product and service features through the use of the Qoinmarketplace.com Buying Co-op. Given that these third party products are out of our control, we cannot guarantee their quality and availability. If a third-party product provider ceases to provide that product or ceases to make that product available on reasonable terms, we may cease to use that product in our Membership Platform and, as a result, cease to make that particular product available to you. To avoid doubt, if we exercise our right to cease the availability of a third-party products, you are not entitled to any refund, discount or other compensation. We will always endeavour to provide you with the best value and user products within the Membership Platform. 

4. User Account 

4.1 To use our Service and Membership Platform, we require you to create a user account. 

4.2 When you register and activate an account, you may provide us with personal information such as your name, email address, and telephone number and information relating to your business via our Membership Platform. You must ensure that this information is accurate and current. We will handle all personal information that we collect from you in accordance with our Privacy Policy. 

4.3 When you register and activate an account, we will issue you a unique user identification credential used in combination with a unique password to access our Service and Membership Platform. This is referred to as your “UserID” or “Username”. 

4.4 Each user account will be personal to the user. That being the case, if you have staff that you would like to have access to our Service and Membership Platform (referred to as “Authorised Users”), each Authorised User will be required to use only the original registered UserID and unique password. 

4.5 You will not allow our Service and Membership Platform to be used by any person except Authorised Users. 

4.6 You and each Authorised User are responsible for keeping your UserID and password secure and are responsible for all use and activity carried out under the User Account. 

Clients Specific Terms

Responsibilities to us 

5. Plans and Products 

5.1 We offer advertisements / ‘creatives’ of services, in our Affiliate Platform (referred to as “Banners”) for Affiliates to use to promote our Products.

5.2 When completing a Free Product Listing through our Membership Platform in the interests of receiving the most benefit, you must: 

(a) Provide complete and accurate information; 

(b) Be honest about what you do know, and don’t know; 

(c) Provide any other pertinent information requested by us. 

5.3 You are responsible for keeping your Free Business Listing and Free Product Listing, Service information up to date. 

6. Subscription and Commission Fees 

6.1 These will always be promoted on the website unless separately agreed in writing. We will charge you subscription fees for the use of our Services and Membership Platform (referred to as “Subscription Fees”). We will only charge you Subscription for which you have agreed to based on the features and modules included in our Membership Platform. 

6.2 You must pay Qoinmarketplace.com in accordance with the terms of “Subscription Fees” in the manner specified in clause 7 below. 

6.3 Unless stated otherwise, Fees are expressed in New Zealand dollars and include GST (the Party is obligated to pay any Taxes if required). 

7. Payment 

7.1 Our payment gateway will prompt you to make payment of our Subscription Fees when required. We require you to pay all fees into our bank account or trust account respectfully. From there, we will pass the Affiliate Commission from the Subscription Fees and pay the Commission Fees accordingly to the Affiliate. Referred Members (Referees) are not to pay the Affiliate directly. 

7.2 In handling pre-approved deals, Qoinmarketplace.com Buying Co-op may act as payment agent for Members. By using our Membership Platform, we could act as the payment agent for the purpose of receipting pre-approved deal income into our bank or trust account and pass that income less Fees, on to our Buying Co-op Partners.

7.3 All Subscription payments required to be paid by you must be paid: 

(a) on or prior to the relevant due date; 

(b) by means expressly approved and/or provided by us. 

8. Default 

8.1 Our Membership Platform relies upon prompt payment in order to ensure trust, fairness and confidence between Members. 

8.2 If payment is not made on the date required by us, then we may charge default interest on the amount unpaid at the rate of 15% per annum. The interest will be calculated on a daily basis from the date payment was due until the date payment is received. Should we fail or delay charging interest on any unpaid fees or to exercise any of our rights, we do not waive those rights. You will also be liable to pay all expenses and legal costs incurred by us as a result of your default in payment. 

8.3 If payment is outstanding for 7 days from the relevant date it is due, we may suspend providing you with our Service and access to our Membership Platform until the date of payment in full. 

Responsibilities to the Affiliate  

These terms apply to your relationship with the Affiliate during an Engagement. 

9. Engagement

9.1 When an Engagement is created through our Membership Platform, either by the Affiliate (or an appointed Affiliate), to provide the services described in our Pricing or Products pages on the terms we set out on our website (for example, based on specific timeframes, for the specific features set out in our Pricing and Products pages) and otherwise in accordance with the general obligations in these Terms. 

9.2 We provide our own Affiliate agreement with the Affiliate in addition to these specific terms between you and Qoinmarketplace.com

10. Nature of Engagement 

10.1 You agree that your relationship with the Affiliate is that of Affiliates and Member. 

10.2 You may engage in other deals and offer assignments during the term of the Engagement, provided that you must not conflict with existing responsibilities in relation to the active Engagement. 

11. Fees 

11.1 Qoinmarketplace.com will pay the Affiliate Commissions as per our Affiliate Agreement.

12. Ownership of Intellectual Property 

12.1 In respect of intellectual property used in or arising from the Engagement: 

(a) All pre-existing intellectual property resides with the owner of that intellectual property as at the date the Engagement commences. 

(b) Unless we agree otherwise with the Member, all new intellectual property created or arising out of the Engagement becomes the property of Qoinmarketplace.com automatically on creation. 

13. Termination 

13.1 The Engagement will automatically terminate once the Engagement has been completed. 

13.2 If the Member fails to fulfil his or her obligations under these Terms or as made clear in a Product description, and fails to remedy the failure within a reasonable time after Qoinmarketplace.com notifies the Member of the failure and how it can be remedied, we may terminate the Engagement without further notice. 

13.3 Any termination of an Engagement will be without prejudice to the rights of either party against the other which may have accrued up to the date of such termination and any other remedies at law. 

Affiliate Specific Terms

Responsibilities to us 

14. True and correct information 

14.1 If providing Engagement and supportive Deals and Offer services within our Membership Platform and Service, we rely on you to always provide honest, true and correct information about the Engagement. You must always provide true and correct information about yourself, which includes any conflicts of interest, the obligation to disclose anything relevant to your suitability for a particular Engagement, or your general skills and experience. 

14.2 You are responsible for keeping your information on our Membership and Affiliate Platforms up to date. 

15. Payment 

15.1 You acknowledge and agree that when you receive payments from us, those payments are made by us as payment agent for the relevant Members and in relation to the relevant Engagement. What that means is that you are being paid for your services by the Members and not by us. 

15.2 You agree that we are not liable to you in any way to make payment for services you provide to Members in relation to an Engagement. Your sole remedy is to seek payment from the Members direct. 

15.3 As an Affiliate you are fully responsible for your own fiscal responsibilities to the state.

Responsibilities to the Members 

These Terms apply to your relationship with the Members during an Engagement. 

16. Availability 

16.1 By using the Membership Platform and Service, you will use your best endeavours to promptly reply to any offer of Engagement that you are given by Qoinmarketplace.com

17. Appointment 

17. By accepting a Deal and Offer and agreeing to provide your services in relation to an Engagement, you agree to provide the services described in the Offer on the terms set out in the Offer and Product (for example, accurate descriptions, up to date valuations, specific timeframes, for the specific details set out in your Offer) and otherwise in accordance with the general obligations in these Terms. 

18. Standard of services 

18.1 When providing services to Members, you must do so: 

(a) in accordance with Qoinmarketplace.com Terms and Conditions including providing Members reasonable instructions eg Delivery and Payment; 

(b) in a thorough, professional, timely and competent manner exercising the degree of care, diligence, skill and judgement expected of an Agent providing the same or similar services; and 

(c) in accordance with all relevant health and safety legislation and any health and safety practices or policies. 

19. Nature of Engagement 

19.1 You agree that your relationship with the Member is that of Affiliate and Member, and not Supplier and Client. 

19.2 You are entirely responsible for all taxation, accident compensation levies, public liability insurance, and all other expenses relating to the provision of services to Members. 

19.3 You may not assign your rights or obligations arising from an Engagement or subcontract all or part of the work required by an Engagement without the consent of Qoinmarketplace.com

20. Confidentiality 

20.1 You agree that during the term of the Engagement and after its termination, you will not divulge any information concerning the business, financial matters, transactions or affairs of the Member, to any person other than in the proper course of the Engagement. 

20.2 You will treat all information obtained from and about the Member as confidential and will not divulge it to any third party other than with the consent of the Member. 

21. Ownership of Intellectual Property 

21.1 In respect of intellectual property used in or arising from the Engagement: 

(a) All pre-existing intellectual property resides with the owner of that intellectual property as at the date the Engagement commences. 

(b) Unless Qoinmarketplace.com agrees otherwise with the Member, all new intellectual property created or arising out of the Engagement becomes the property of Qoinmarketplace.com automatically on creation. 

22. Health and safety 

22.1 You must take all reasonable care to ensure your health and safety and the health and safety of any other persons in the workplace. 

22.2 You acknowledge that the Members may, at any time, require you to stop work where it deems there is a risk to health and safety and may, if it considers your performance of services through an Engagement is giving rise to unacceptable health and safety risks, terminate your Engagement with immediate effect. 

23. Termination 

23.1 The Engagement will automatically terminate once the Engagement has been completed. 

23.2 If you fail to fulfil your obligations under these Terms or as made clear in a Deal and Offer, and fail to remedy the failure within a reasonable time after you are notified by Qoinmarketplace.com of the failure and how it can be remedied, Qoinmarketplace.com may terminate your Engagement without further notice. 

23.3 We may terminate an Engagement if the Deal and Offer fails to pay when due. 

23.4 Any termination of an Engagement will be without prejudice to the rights of either party against the other which may have accrued up to the date of such termination and any other remedies at law.. 

General Terms

24. Exclusivity 

24.1 You do not need to exclusively use our Membership Qoinmarketplace.com to find Members, or our Affiliates to act as agents. However, you may not under any circumstances contact another Member (whether an Affiliate or a Member), by any means either directly or indirectly, with the intention, purpose or effect of encouraging that Member not to use our Membership Platform or to create an Engagement outside of our Membership Platform. By way of example, it is a breach of our Terms to agree between Affiliates and Members to conduct an initial Engagement through our Membership Platform but then agree to complete Engagement or Deal outside of our Membership Platform. If you do so, we can immediately terminate your use of our Affiliate and Membership Platforms and Services and you must indemnify us and hold us harmless for any loss or expense (including legal costs on a solicitor-Client basis) whatsoever caused by or related to your conduct. 

25. Warranty and Liability 

25.1 You indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, your use of our Membership Platform. 

25.2 Except as set out in these Terms or as provided in any separate written agreement signed by us, any and all conditions, guarantees, warranties or representations which might otherwise be implied by law, trade, custom or otherwise are expressly excluded to the maximum extent permitted by law. In particular, the Consumer Guarantees Act 1993, the Fair Trading Amendment Act 2021, and other statutes may impose warranties, conditions or obligations upon us which cannot by law (or which can only to a limited extent by law) be excluded. We exclude all such imposed warranties, conditions or obligations to the extent permitted by law and exclude any warranty, condition or obligation imposed or implied under common law, equity or otherwise. 

25.3 We act as an agent in any Engagement between Members. As mentioned in clause 3.1 of these Terms, providing our Membership Platform, we facilitate the provision of Engagements, and we have limited involvement as an agent only, with any Project by any Affiliates. All transactions and other contact between you and other Members is entirely at your risk. We also do not promise that our default terms for Engagements set out above are appropriate in all circumstances. You must use your own business judgement in using our Membership Platform. 

25.4 The clause above means that we have limited responsibility for: 

(a) any Deal and Offer or services that are offered or provided via our Membership Platform; 

(b) the safety, quality or legality of any Deal and Offer, or the accuracy or truth of any Deals and Offers; 

(c) excluding any guarantees or assurances that an Affiliate has made regarding their advice, qualifications and experience. 

25.5 This also means that we will endeavour to give our best efforts, based on acceptable industry standards: 

(a) that the Product(s) from our Qoinmarketplace.com Buying Co-op and/ or our Membership Platform (or Engagement arising from it) will meet the industry requirements or expectations; 

(b) that information posted on our Membership Platform, including feedback, is error-free or reliable. 

25.6 Where any part of our Membership Platform is supplied by a third-party Member engaged by us, and that third-party Member causes loss or damage to you in the course of supplying such part of our Service and Membership Platform, we will use reasonable endeavours to recover such loss or damage under any contract between us and the third-party Member. However, you acknowledge and agree that we will not be liable for any loss or damage caused howsoever by that third party Member or Partner in relation to our Membership Platform where we are unable to recover such loss or damage from that third party Member or Partner for any reason. 

25.7 Our maximum aggregate liability under or in connection with these Terms or relating to our Service and Membership Platform, whether in contract, tort (including negligence), breach of statutory duty or otherwise, must not in any calendar year exceed 50% of the amount of any Subscription Fees paid by you for our Service and Membership Platform in that calendar year. 

26. Posting Policy 

26.1 By providing you with access to our Membership Platform and social media, we allow you to post content on it. 

26.2 You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to it. This means we have the right to use your user generated content (UGC) for the purposes of our business in any way we see fit, and without any further notice to you or permission from you or any obligation on our part to pay you any money or provide any other compensation for our use of your UGC. An example of how we may use your UGC is that we may extract or republish your UGC in our marketing materials. 

26.3 You are responsible to us and all relevant third parties for any UGC you upload to our Membership Platform and social media. We are entitled to recover any costs or liability we incur as a result of your UGC, direct from you and you indemnify us accordingly. 

26.4 When using our Membership Platform, you must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Membership Platform and social media, including but not limited to: 

(a) any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals; 

(b) using our Membership Platform or social media to defame or libel us, our employees or other individuals; 

(c) uploading files that contain viruses that may cause damage to our property or the property of other individuals; 

(d) posting or transmitting to our Membership Platform or social media any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security. 

26.5 If we allow you to post any information to our Membership Platform and social media, we have the right to take down this information at our sole discretion and without notice. We take no responsibility and assume no liability for any content posted, stored, transmitted or uploaded to our Membership Platform and social media by you (in the case of your content) or any third party (in the case of any and all content more generally), or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. 

27. Intellectual Property 

27.1 All intellectual property (including without limitation copyright, patent and design rights, drawings, documents, data, ideas, procedures and calculations) which arises out of or in the course of the provision of our Membership Platform is our exclusive property, or the exclusive property of any third party Affiliate engaged by us to undertake the provision of our Membership Platform, unless otherwise agreed in writing. 

27.2 We will retain exclusive worldwide ownership at all times of our artistic styles, methods of working, techniques, ideas, skills and know-how. 

27.3 You must not attribute our Membership Platform to anyone other than us. 

28. Confidentiality 

28.1 You undertake and agree to treat as secret and confidential, and not at any time for any reason, other than for the purpose of the Terms or as required by law, to disclose or permit to be disclosed to any person, or otherwise make use of, or permit to be made use of, any information relating to our technical processes, trademarks, business affairs or finances or of any suppliers, Affiliates, distributors, licensees or Clients of ours where such knowledge or details were received during the period you are a Member. 

29. Prohibited Activities 

29.1 To allow our Membership Platform to operate as intended, we would like to ensure that you do not: 

(a) copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on our Membership Platform in any way that is inconsistent with our Privacy Policy or these Terms or that otherwise violates the privacy rights of Members or third parties; 

(b) contact another Member for any purpose other than asking a question related to your own Deal and Offer, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval; 

(c) request, accept or make any payment to an Affiliate outside of our Membership Platform. If you do so, you acknowledge and agree that you: 

(i) would be in breach of these Terms; and 

(ii) will pay us what the Fee would have been had the engagement been through our Membership Platform. 

(d) discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behaviour; 

(e) take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of our Membership Platform. 

30. Termination 

30.1 Use of our Membership Platform is a benefit and not a right. That being the case, if we have reasonable grounds to believe: 

(a) you are in material breach of these Terms or any of our other policies; 

(b) you have committed an act of bankruptcy or are placed into liquidation; or 

(c) a receiver or manager has been appointed in respect or any part or the whole of your assets; 

we may immediately terminate these Terms by notice in writing to you. 

30.2 Termination or cancellation of your use of our Membership Platform will not affect the rights, powers, remedies, obligations, duties and liabilities of either party which have accrued before termination. 

30.3 If we do decide to terminate your use of our Membership Platform, you must not apply for a new account as unfortunately you will no longer be welcome. 

31. Privacy of Information and Authorisations 

31.1 By using our Membership Platform, you authorise us to collect, retain and use information about you in accordance with our Privacy Policy. 

31.2 You agree to provide us with any consents we require to enable us to access any third party data, services or Membership Platforms to the extent we require such access to enable the proper provision of our Membership Platform under these Terms. 

32. Disputes with other Members 

32.1 You agree to try to resolve any disputes you have with other Members directly with them. 

32.2 We do try to offer help and information where we can, but please keep in mind that if we are not a party in any Engagement between you and another Member, there’s only so much we can do. 

32.3 Because we care about our Members’ privacy, if you’re taking a dispute with another Member to the Disputes Tribunal or other tribunal or committee, we will only release that Member’s details if you sign a statutory declaration. We can provide you with a statutory declaration form if you need one. See our privacy policy for more information. 

32.4 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who: 

(a) engages in offensive, violent or sexually inappropriate behaviour, 

(b) you suspect of stealing from you, or 

(c) engages in any other disturbing conduct, 

you should immediately report such person to the appropriate authorities and then to us by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any). 

33. Disputes with us 

33.1 If you have a dispute with us, please get in touch and we’ll try to resolve it informally. If we haven’t been able to resolve a dispute informally, either party can look to resolve a dispute or seek any remedy available through any legal method available. 

33.2 The Commerce Commission is responsible for enforcing a number of consumer laws, including the Fair Trading Act (which prohibits false and misleading behaviour). If you have a complaint about us or our Membership Platform being misleading, you can refer it to the Commission. 

34. General 

34.1 We reserve the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on our Membership Platform and update the “Last Updated” date at the top of these Terms. If you disagree with the revised Terms, you should cease using our Membership Platform. If you continue to use our Service and Membership Platform after the date the revised Terms become effective, your continued access to and use of our Membership Platform will constitute acceptance of the revised Terms. 

34.2 You must pay us costs (including legal costs, as between solicitor and Client) of and incidental to the enforcement or attempted enforcement of our rights, remedies and powers under these Terms. 

34.3 If any of these Terms is held to be invalid, void, unenforceable or illegal for any reason, such provision must be deemed to be severed from these Terms and the remaining provisions must continue in force. 

34.4 A failure or delay in enforcing a right pursuant to these Terms is not a waiver of that right. Any waiver must be in writing and signed by the party granting the waiver. 

34.5 You must not assign or subcontract any of your rights, powers or obligations under these Terms without our prior written consent. 

34.6 We are not liable to you for any defect, loss, damage or delay caused by unforeseeable circumstances outside of our control. 

34.7 These Terms will be governed by the laws of New Zealand and are subject to the exclusive jurisdiction of the courts of New Zealand. 

34.8 These Terms apply in preference to any terms supplied by you. Except as may be set out in a separate written and signed agreement between you and us, these Terms represent the entire agreement of the parties in relation to the supply of our Membership Platform

Updated 01 April, 2024

1. About our privacy policy

Qoinmarketplace.com Limited (referred to as “our”, “us” or “we“) is committed to protecting the privacy of the personal and business information of our current, former and potential customers (referred to as “customers”, “you” and “your”).

This privacy policy sets out how we manage your personal and business information held by us, including how we collect, use, hold, disclose and otherwise process your personal and business information on Qoinmarketplace.com . You will also find information about how to contact us if you have any privacy queries, including how to update or access your personal and business information or make a complaint.

It is important to note that, if we are unable to collect, use, hold, disclose and otherwise process your personal and business information in the manner authorised by this privacy policy, then we may not be able to provide you with the full benefit of our products, services, offers or online and digital platforms.

When you provide us with your personal and business information (whether directly or indirectly), you are deemed to have read this privacy policy and to accept and consent to the provisions of this privacy policy without qualification.

2. Pandemic Response

The Covid-19 pandemic has brought to our attention the need to balance your right to privacy with the broader interest in public safety.  Our commitment to your privacy means that we will:

  • Only provide the Government with your limited personal and business information if requested for contact tracing purposes;
  • We will only conduct contact tracing of your location within the time and location required by the business transaction unless specifically authorised by you (with adequate opt-out opportunities provided);
  • Have the capability to separate relevant personal and business information required to give effect to contact tracing from the rest of your personal and business information held by us; and
  • Notify you if we are requested to provide the Government with this information.

That being the case, by agreeing to use our Services, you consent to us providing the following information to the Government if it is requested for pandemic related contact tracing purposes:

  • Your name; and
  • Your phone number and/or email address.

We will hold the above data that will let us identify whether you were in a location at a time relevant to a contact tracing effort.  If the Government does not make a request for this information for the purposes of pandemic contact tracing exercise during the first 30 day period, we will permanently delete it.

All other personal and business information collected by us from you will be collected and used in accordance with this Privacy Policy.

3. How we collect personal and business information

Generally, the types of personal and business information that we collect from or about you depends on the circumstances in which the information is collected. We have described below examples of the types of personal and business information that may be collected, however this is not an exhaustive list:

  • Your name and contact details, including physical and postal address, email address, phone number, and mobile number.
  • Information relating to the way you use or navigate our website.  
  • Other personal and business and business information that we are permitted or required by law to obtain, as well as any other information that you choose to provide us with.

We collect  information from or about you in a variety of ways. We will try to collect personal and business information directly from you, either in person, over the phone, by email, or through our digital and online channels. However, we may also collect your personal and business information from other third parties, including our related entities, service providers, contractors, and agents.

4. Why we collect personal and business information and what we do with it

We only collect personal and business information that we consider necessary for the effective functioning or activities of our business, and we only hold, use and disclose it for the purposes for which it was originally collected (and for related purposes which you would reasonably expect), unless required or authorised by or under law or if you have consented to another use. Some of the specific purposes for which we collect, hold, use and disclose personal and business information include to enable us to correspond with you and do business together, for reasons related to our business operations, such as to ensure we continue to deliver quality products and services to our customers and potential customers.

5. Who has access to your personal and business information?

We respect the privacy of your personal and business information and will take all reasonable steps to keep it confidential. However, we may disclose your personal and business information if required in connection with the purposes described in this privacy policy. This may include disclosure to the following persons:

  • our employees, officers, contractors, agents, and third party service providers (for example, product and service providers, mailing houses, marketing agencies, programme partners, market research providers, printers, insurance providers, financiers, website and data hosting providers, data analytics providers, warranty companies, and other IT suppliers);
  • our related or affiliated companies and their respective employees, officers, contractors, service providers and agents (and our related or affiliated companies may disclose the personal and business information directly to their contractors, service providers and agents);
  • our accountants, insurers, lawyers, auditors and other professional advisors in order for us to obtain their advice;
  • to the extent you make personal and business information available on any public profile on our services, other users of that service;
  • any other third parties to whom you direct or permit us to disclose your personal and business information (e.g. third parties with whom we have directly or indirectly arranged services for your benefit);
  • any other third parties that require the information for law enforcement, formal dispute resolution, or to prevent a serious threat to public safety; and
  • as otherwise permitted or required by or under any applicable law.

Should we sell a part of or the whole of our business, our records of personal and business information will be transferred to the new business owner or any of its related or affiliated companies (as the case may be).   

 

Any recipients of your personal and business information shall only be entitled to use your personal and business information as required for the purposes for which it was provided to them, which shall be consistent with the purposes described in this privacy policy.

6. Disclosure of personal and business information offshore

Some of the third parties to whom we disclose personal and business information may be located outside New Zealand, Australia, United Kingdom, Singapore, South Africa . In addition, our website and systems and those of our group companies may also be based on servers located outside of New Zealand, Australia, United Kingdom, Singapore, South Africa . When we disclose personal and business information to third parties based offshore, we will comply with the requirements of the Privacy Act that relate to the transfer of personal and business information offshore.

7. Storage and security of personal and business information

Any personal and business information that falls within the scope of this privacy policy is collected and held by us or trusted third parties we may engage to store information on our behalf.

We will take reasonable steps to protect your personal and business information from misuse, interference, corruption, loss or unauthorised access, modification or disclosure, including through physical, electronic and procedural safeguards.

If we provide you with any passwords or other security devices it is important that you keep these secret and confidential and do not allow them to be used by any other person. You should notify us immediately if the security of these devices is breached to prevent the unauthorised disclosure of your personal and business information.

8. How long we keep your personal and business information

We will only keep your personal and business information for as long as it is required for the purposes for which it was collected, taking into consideration our need to answer queries or resolve problems, provide improved and new services, and comply with legal requirements.

9. You can access and correct personal and business information

You may obtain confirmation from us as to whether or not we hold personal and business information about you. You may also request a copy of the personal and business information and/or request that corrections or changes are made to it. You can make such requests in relation to your personal and business information by contacting our Privacy Officer using the details set out below. Please quote your name and address and, if possible, provide brief details of what information you want a copy of (this helps us to more readily locate your information).

We will provide you with access to your personal and business information unless we are required or authorised to refuse such access by law.

In some cases, there may be a charge associated with retrieving and providing a copy of your personal and business information to you. If so, we will advise you of this prior to sending your information.

All such enquiries should be directed to:

Privacy Officer : Emil Verster

Email: emil@q-trader.com

10. Privacy queries or complaints

If you have any questions or complaints about the handling of your personal and business information, please contact our Privacy Officer in the first instance using the contact details set out above and we will do our best to assist. 

If you are still not satisfied, you can make a complaint to the Privacy Commissioner. Further details on how to do this are available on the Privacy Commissioner website at www.privacy.org.nz.

11. Our privacy policy may change

We may amend this privacy policy from time to time by posting an updated privacy policy here on this website. We will collect, use, hold and disclose your personal and business information in accordance with our most recently updated version of the privacy policy. We recommend that you regularly review our privacy policy when you visit this website.

12. Privacy Act

Any reference in this privacy policy to the Privacy Act is a reference to the Privacy Act 2020 New Zealand including any amendments, re-enactments or replacements of that Act. 

Nothing in this privacy policy affects your rights under the Privacy Act. Further information about the Act and how it protects the personal and business information of individuals in New Zealand, Australia, United Kingdom, Singapore, South Africa  is available from the Privacy Commissioner website at www.privacy.org.nz.

13. Cookies

Our website uses a technology called cookies to record the preferences of visitors and enable us to optimise the design of our website. A “cookie” is a small data element that a website transfers to your computer for record keeping and experience customisation purposes. The length of time that a user’s computer stores cookies is determined by the user’s browser settings. During normal website usage our website “cookies” do not store your email address or other personal and business information about you unless you have given your consent, or if it is essential for technical reasons (i.e. secure login).

We use this technology to generate statistics and measure website activity to improve the usefulness of customer visits. Third party vendors may utilise cookies to collect information about the content you view on our website and use that information to show and/or serve our advertisements on other websites based on a user’s prior visits to our website and other internet activity. We may also use analytics data supplied by third party vendors to inform and optimise our ad campaigns. We may utilise third party cookies in some parts of our website.

Some of the tags that are used on our website include, but are not limited to, container tags (such as Kartra and Google tag managers), which include retargeting tags and analytics tags. These tags provide us with aggregated knowledge and information on website behaviour and user preferences.

By using our website, you consent to the use and storage of cookies on your end device. You can also view our website without cookies. If you do not wish to receive any cookies you may set your browser to refuse cookies. Not all features of our website may be available if you do not enable cookies. We recommend you enable cookies in order to enjoy our website.

14. Email and other electronic communications

We are committed to full compliance with the Unsolicited Electronic Messages Act 2007.

By using our website and other online and digital channels and/or by providing us with your personal and business information you consent to receiving communications from us or from third parties on our behalf using the contact details you have provided (including, without limitation, via direct mailing, email, SMS, telephone call, and other phone number based messaging) which promote and market our products and services, or the products and services of others, from time to time.

You can opt out of those communications at any stage by contacting us using the contact details set out above or by utilising the “unsubscribe” facility included on all such communications. Once you have unsubscribed from these communications, we will remove you from the corresponding marketing list as soon as is reasonably practicable.

15. Links to other websites

Our website may contain links to other sites or plugins that are owned or operated by third parties and which are therefore not under our control, including the websites of our third party service providers. We take no responsibility for linked websites or plugins and provide them solely for your information and convenience. Your disclosure of personal and business information to or in connection with third party websites and plugins is at your own risk. We encourage you to be aware when you are using third party websites or plugins and to read the privacy policy of each and every website and plugin that you visit or use.

Updated 01 January, 2024

General

Use of Quantm.global products and services (including but not limited to Subscription, Daily Deals, Superstars) constitutes your acceptance of and agreement to comply with Quantm.global‘s billing policy.

  • All accounts are set up on a prepaid basis. Payment must be received by Quantm.global before any billable product or service is provided/activated. In the event of a trial period, payment information must be on file before your account is created. You are required to keep a valid credit/debit card on file to charge for recurring monthly subscription fees. All recurring subscriptions are automatically invoiced and charged to the credit/debit card on file.
  • Trial subscriptions are limited to one trial per person, per product. The purchase and subsequent cancellation of multiple trials may result in permanent closure of the account.
  • Subscription billing is based on the availability of products and services within the parameters defined by their Levels. There is the future option for certain fees to be usage-based (e.g. Subscription, Daily Deals, Superstars).
  • Payment receipts are provided electronically with each purchase, and may also be provided upon Client request.

Billing Cycle

  • Credit/Debit Card Billing: All credit/debit cards are automatically charged on the Client’s specific billing cycle date.
  • Payment failure: In the event a credit/debit card fails to charge successfully, access to the product will immediately cease.
  • Deactivation: Quantm.global reserves the right to remove Client application data from its servers after non-payment.
  • Cancellation of a subscription immediately closes access to the account. If there is time remaining on a subscription year, please contact support to re-instate access.

Fees

  • Collections Fee: In the event an account is submitted to a third-party collections service, a $35.00 processing fee may be assessed to the existing account balance. This fee is in addition to any other fees previously assessed on the account.
  • Chargebacks: If a Client initiates a chargeback, Quantm.global may assess a $50.00 processing fee for each individual chargeback.
  • Interest: Any charges not paid when due are subject to interest at a rate equal to the lesser of: (i) fifteen percent (15%) per annum; or (ii) the maximum interest rate allowed by applicable law.

Payment Methods

Qoinmarketplace.com accepts payments from most major credit cards.

Subscription Billing

Invoices are generated and payments are collected at the beginning of each billing period. Client billing periods typically begin on the day of the month (or year for yearly programs) in which the Client purchased the Quantm.global subscription. Client must request to cancel their subscriptions at least 10 days prior to their next billing date in order to avoid being charged on the billing date. Quantm.global will not pro rata any portion of unused subscription services. All subscription fees are non-refundable except as described below.

Normal, Reasonable Business Use

Quantm.global offers unlimited features within normal and reasonable business use limits e.g. number of Deals and Offers. The unlimited features are product specific. Normal and reasonable use of unlimited products must be consistent with the type and level of usage per typical Client in the particular membership.

Excessive Use Of Unlimited

Businesses engaging in these practices may cause a degradation in the service Quantm.global provides. Unauthorized or excessive use beyond that normally experienced by business Clients may lead to account throttling, suspension, or termination. Unlimited is not to be shared with any other independent or separate account, individual or user by any means. For this reason, Quantm.global may consider “excessive” and per its sole discretion including, but not limited to:

  • Unreasonable number of requests to our servers
  • Volume of internet data
  • Volume of product uploads

Quantm.global further reserves the right to withdraw or change any unlimited feature at any time. If Quantm.global makes any change(s) to an unlimited feature, you will receive a notification describing the change(s) to the relevant unlimited feature and the date such changes take effect.

Level Upgrade/Downgrade

Quantm.global subscriptions are purchased on a fixed-term basis: monthly or annually, depending on the products you registered for.

If an account is upgraded to a higher tier, the system will run a one-off pro-rated charge for the remaining days of the current billing period. From thereafter, the standard fees for your newly upgraded membership level will become effective. Overages are charged based on the level of the Client’s subscription activity at the time of it being incurred.

Account downgrades require communication with Quantm.global support portal (Contact Us page) to ensure your account assets are reduced below Level requirements. They will also go into effect the following billing cycle.

Refund Policies

Quantm.global refund policies vary depending on the product, as follows:

  • For subscription purchases, Quantm.global offers a full refund on a charge provided the request is made within 14 days of the purchase.
  • In the event of a multi-installment payment for a subscription, a refund is only possible on the most recent payment (e.g. if a refund request is made within 30 days of the third payment of a third-payment Level, the first and second payments will not be refunded).
  • For Quantm.global recurring payments, refunds are only given on the first instalment of a subscription, and only if the refund request is made within 14 days of the purchase, subject to the discretion of Qoinmarketplace.com Refunds are not given on overage charges.

Quantm.global may either refuse a refund request or disallow repurchase of a previously refunded product if we find any evidence suggesting fraud, refund abuse, trial abuse, or other manipulative behaviour that allows use of the product without payment.

Cancellation Process

Creating a Cancellation request: A request to cancel a Quantm.global subscription must be initiated at least 10 days prior to the next invoice date. For Quantm.global users, cancellation can also be done via the Support Ticket Profile self-service portal in the Contact Us page. Any other request to cancel a Quantm.global subscription can also be made via the  Support Ticket Profile self-service portal in your account with a Quantm.global representative at least 10 days prior to the next invoice date. Customers are encouraged to keep records of all communications regarding cancellation. Until a cancellation request is made, or a cancellation processed via the self-service portal, Quantm.global will continue to treat it as an open account. Unless cancelled, the billing cycle will continue, possibly resulting in a past due account that may be turned over to a third party collection service. It is imperative that you chat with a Quantm.global representative, utilise the self-service option, or submit an online ticket through the cancellation form if you wish to initiate cancellation of your Quantm.global account.

Cancellation of an account does not dismiss outstanding invoices or nullify previously agreed charges. At the time of cancellation, any outstanding balance must be settled. All cancelled accounts with an outstanding balance may be turned over to a third-party collection service.

Billing Disputes

Each Quantm.global customer agrees to provide Quantm.global 30 days to attempt settlement of any billing dispute before disputing with any third-party credit/debit card company or bank. Should Qoinmarketplace.com receive a chargeback from a third-party credit/debit card company or bank on the customer’s behalf before Quantm.global has been given a chance to resolve the issue, Quantm.global has the right to charge the customer for its time spent in resolving such disputes and any associated fees incurred by Quantm.global, in addition to the $50 chargeback fee mentioned above. Regardless of the outcome of the chargeback, Quantm.global retains the right to collect on any Services or fees that are due. Quantm.global may submit any disputed amounts to a collection agency. Once a chargeback has been received, Quantm.global has the right to suspend the account until the matter is resolved.