Terms & Conditions

Definitions

•  "Member" means a buying organisation.

•  "Buyer" means a person or persons who will purchase products and services on behalf of their Member.

•  "Login” means a Buyers personal username and password.

•  “Seller” means organisations providing products and services.

•  “Obtain” means the organisation providing the procurement services and system for the Members.

•  “Data” means personal and organisational information provided by the Member or Buyer.

Code of Conduct and Acknowledgements

You have registered with Obtain for your organisation to be a Member of Obtain. You represent your buying organisation, are over 18 years old and have the authority to purchase or delegate purchasing authority to other Buyers in your organisation. If you do not delegate a Buyer you will be registered as the Buyer for your organisation. Obtain provides a procurement service to facilitate the selling and buying process for its Members and their respective buying organisation. The Member agrees and acknowledges that Obtain does not participate in the sale of any items through Obtain, and provides only the communication medium and means to permit transactions through Obtain and therefore is not subject to the Auctioneers Act 1928 or other auction related legislation.

The Member or Buyer accepts that any transactions using Obtain will be at the risk of the Member or Buyer.

By using and/or accessing Obtain products and services in any capacity the Member or Buyer hereby accepts the terms and conditions of this Agreement. By accepting this Agreement, the Member or Buyer also agrees that its use of other Obtain branded websites and services will be governed by this Agreement.

The Member shall pay invoices from the Seller on or before the due date. Failure to maintain a satisfactory credit rating could result in Membership being suspended or cancelled.

The Member shall be bound by the Seller’s terms and conditions of sale.

Confidential Information

The Member accepts that Data provided to Obtain may be shared with the Seller by Obtain.  All pricing information supplied by Obtain is confidential and is not to be given to any third party without written permission from Obtain.

Amendments

The Member and Buyer agrees and acknowledges that Obtain may amend, modify, or replace in whole or in part the terms and conditions of this Agreement from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on Obtain. The Member and Buyer are responsible for ensuring they are familiar with the latest terms and conditions. The continued use of Obtain represents an agreement to be bound by the terms and conditions as amended.

No Warranty

Obtain will use all reasonable endeavours to ensure that Obtain products and services are available subject to downtime relating to maintenance. Obtain provides no warranty or guarantee that Obtain products or services will be continuous, secure, or error-free and operation of Obtain may be interfered with for reasons outside of Obtain’s reasonable control. 

Notwithstanding such, the Member agrees and acknowledges that Obtain provides the service “as is”, and to the maximum extent permitted by law, disclaims and excludes all warranties and conditions, expressed, implied and statutory, including the warranties of merchantability, fitness for a particular purpose, non-infringement, or any warranty arising by usage of trade or course of dealing for Obtain products or services.

For the avoidance of doubt, Obtain shall not be liable for any loss incurred as a result of Obtain products or services being unavailable, or otherwise for any corruption of any information or Data of the Member which is held by Obtain.  Obtain shall not be liable for any loss incurred as a result.

Risk

Transactions and all other contact between the Buyer and the Seller are conducted entirely at the Members own risk. The Member agrees that Obtain takes no responsibility or liability for any misconduct of any of its Members or Buyers including, without limitation, Members or Buyers that have registered under false pretences or who attempt to defraud the Member. Obtain gives no undertakings, representations, or warranties in relation to items sold or listed on Obtain, advertised or offered through any products and services category.

Liability

You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Obtain to the Member or any other person under or in connection with these terms and conditions, or in connection with the products and services, Obtain, or your use of or inability to use, the services or Obtain, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Obtain’s liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of Data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.

Indemnity

You  agree to release, indemnify and keep indemnified Obtain from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with the Member or Buyers failure to comply with these terms and conditions.

Security

The Buyer is responsible for maintaining their Login is secret and secure.  Without limiting the foregoing the Buyer agrees not to permit any other person to use their Login and not to disclose or provide to any other person their username or password or any other Member or Buyer information that may allow them to gain access to Obtain.

If the Buyer chooses to share their user name and password or Member information with third parties, the Member is responsible for all actions taken.

Obtain shall not be liable for fraudulent use by a Buyer. The Member must notify Obtain without delay if a Buyer ceases to have delegation of authority to purchase.

Suspension or Cancellation of Membership

Obtain reserves the right to decline to register or to terminate the Membership without entering into discussion with you. Without limiting the foregoing, Obtain may terminate the Membership if there is a breach these terms and conditions, an impersonation of another Member, or if we, at our sole discretion, deem your behaviour to be unacceptable.

Without limiting any other rights and remedies available to Obtain, Obtain may limit your activities on Obtain, suspend or terminate your Membership, or refuse to provide our products and services to you if you breach these terms and conditions or where Obtain considers it appropriate.

The Member may cancel Membership by providing Obtain with a minimum 30 days notice in writing.

Force Majeure

Obtain has no liability for any lack of performance, unavailability or failure of the products and services or the website, or for any failure of Obtain to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Obtain.

Governing Law

These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand. 

Intellectual Property Rights

Obtain (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights for Obtain (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of Obtain.

You may not without our prior written permission, in any form or by any means adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this website or commercialise, copy, or on-sell any information, or items obtained from any part of this website.

Entire Agreement

These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.

Privacy

Obtain collects information about the Member through use of Obtain, including your registration details and information relating to your use of Obtain and the content you access.

You agree that Obtain may use Member information to assist Obtain to provide product and services to the Member, for internal research purposes, to verify your identity, for promoting and marketing other Obtain products and services to the Member.

We release account and other personal information only when we believe release is appropriate to comply with law; facilitate court proceedings; enforce or apply our terms and conditions; or protect the rights, property, or safety of Obtain, our users, or others.