Terms and conditions

  1. TERMS AND CONDITIONS

    Welcome to Trade Me, New Zealand's own online trading community. These terms and conditions are intended to help keep Trade Me a safe place to trade.

    1.1 Acceptance of terms and conditions: The terms and conditions are the terms on which Trade Me Limited offers you access to the Services and the Website. By registering as a member of Trade Me you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Services.

    1.2 Amendment of terms and conditions: As Trade Me operates in a changing commercial, technological and regulatory environment, we may amend these terms and conditions from time to time. Unless otherwise stated, amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended.

    These terms and conditions were last updated 25 August 2014.

    1.3 Terminology: In these terms and conditions, the following expressions have the meanings set out:

    'auctions' include listings with a 'buy now' only price;
    'item', 'items' means goods or property that may be bought or sold through the auction or classified process;
    'member' means a registered member of Trade Me;
    'Member Service(s)' means a trade or business service that has been advertised by a Trade Me member in the Services Category;
    'Services' means any one or more of the services offered by Trade Me Limited or Trade Me's wholly owned subsidiaries, from time to time, including online auctions, classifieds, message boards, sms alerts and any other service that Trade Me may offer;
    'Services Category' means the category on the Trade Me homepage where members can list services;
    'we', 'us' and 'our' are a reference to Trade Me Limited;
    'you' and 'your' are a reference to you;
    'Website' means any Trade Me website through which the services are offered;
    'listing' means a listing on the Website through which you offer, negotiate, buy, sell or advertise any item, service or job, whether by auction or classified;
    'seller' includes any person placing a listing.

  2. SPECIFIC WARNINGS

    2.1 The Services: Trade Me provides a venue to introduce members who want to buy and sell items or to advertise and find jobs and Member Services. Trade Me does not take any part in the sale of items other than by providing our Website as a venue for members. If a bid is accepted by a seller, a contract of sale will be formed between the buyer and the seller directly. We do not act as agent for either party and do not participate in any sale or transaction between you and other members, including where you use the credit card service. If you use the credit card service, we simply pass on payments made by one member to another. As a result, even though some of the Services are being referred to as an auction, Trade Me is not an auctioneer (whether under the Auctioneers Act 1928 or otherwise). Trade Me also provides a Services Category venue where members can be connected with trades people and service providers. Restrictions for using the Services Category are outlined in the Member Services Category Policy.

    2.2 At your own risk: Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that Trade Me takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you. Trade Me gives no undertakings, representations, or warranties in relation to items sold or listed on the Website, or Member Services advertised or offered through the Services Category including:

    1. about ownership of any item;

    2. as to the content, safety, description, worthiness, quality, or legality of the items or Member Services that are listed on the Website;

    3. as to the accuracy or truth of listings;

    4. that any item, or Member Service listed in the Services Category, will meet your requirements or expectations; or

    5. about the ability of members to complete a transaction, including credit card transactions.


    2.3 Disclaimer: You expressly understand and agree that:

    1. your use of the Services is at your sole risk. The Website and Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting clause 2.2, Trade Me disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;

    2. where Member Services are offered in the Services Category, Trade Me disclaims and excludes liability for any guarantees that a Member Service will be carried out with reasonable care and skill, fitness for a particular purpose, time of completion or price for the provision of a Member Service;

    3. Trade Me does not warrant that i) the Services provided will be uninterrupted, timely, secure, or error free, or ii) that any information (including feedback) provided on the Website is error-free or reliable;

    4. no advice or information that is obtained by you from Trade Me or anyone else shall create any warranty by Trade Me that is not expressly stated in the terms and conditions; and

    5. responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute Trade Me's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.

    6. while Trade Me may facilitate payment for some items by credit card, Trade Me is in no way involved in the transaction itself, and responsibility for any refund rests with the seller.

    7. while Trade Me has systems in place to reduce the risk of credit card fraud, Trade Me is not responsible for protecting members from credit card fraud. Trade Me's fraud protection systems may from time to time block legitimate credit card payments. In these cases payment will need to be made by other means.


    2.4 Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Trade Me to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, another Member's acts or omissions, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Trade Me'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.

    2.5 Indemnity: You agree to release, indemnify and keep indemnified us 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 your failure to comply with these terms and conditions, your failure to complete a transaction, your use of Trade Me's message boards, your sale or attempted sale of an item prohibited under clause 4.2(e), or arising out of any content or item you submit, post, transmit, or make available through the Services.

    2.6 Breach: Without limiting any other rights and remedies available to Trade Me, Trade Me may limit your activities on the Website, remove your bids, listings or other content, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our Services to you if you breach these terms and conditions or where Trade Me considers it appropriate.

    2.7 Additional rules: In addition to the terms and conditions set out in this document, the Banned and Restricted Items list, Listing Policies, Job Listing Policies, Message Board Policy and Member Services Category Policy form part of these terms and conditions.

  3. BECOMING A MEMBER

    3.1 Becoming a Member: Becoming a member is free. You may only register as a member if you are resident in New Zealand or Australia (unless specifically authorised by us in writing) and can form a legally binding contract that is enforceable against you. You must be at least 18 years old. By registering as a member, you warrant that you can form a legally binding contract.

    3.2 Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by Trade Me to ensure it is kept current at all times. Trade Me may phone or mail you to verify these details. You must not register as a member under multiple identities or personas (whether false or not). However, at Trade Me's discretion, you may create a business membership in addition to your personal membership.

    3.3 Termination of membership: Trade Me reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, Trade Me may terminate your membership if a serious complaint or multiple complaints are received about you from other members, if you breach these terms and conditions, if you impersonate another member, or if we, at our sole discretion, deem your behaviour to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled. In the event of termination, you also agree that you will not open or attempt to open any new Trade Me memberships. You may at any time close your Trade Me membership by giving us three days' notice in writing. If you close your membership, or if it is terminated by Trade Me, your ability to use the Trade Me website will end. To the extent that you continue to access the site, clauses 2.2-2.5, 4.1 and 6.8 of these terms continue to apply.

    3.4 Security of your login information: You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:

    1. not to permit any other person to use your user name or membership; and

    2. not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow them to gain access to your membership.

    3.5 Emails and newsletters: Trade Me will send you emails relating to your membership, transactions and other activities on the Website, and for promoting and marketing other Trade Me products and Services to you. Trade Me may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.

    3.6 Other ways to access Trade Me and Trade Me-related data: Trade Me provides an application programming interface (API) to enable software to interface with the Website. The API enables developers to build new applications for our members to use. We use it ourselves to power our mobile applications. As a result, information you publish on Trade Me may be accessed through the API and may appear in other places such as applications or websites. Also, if you grant an application permission to access your Trade Me account, that application will be able to access information that you can see when you are logged in to Trade Me. If someone is using an application to access Trade Me and trades with you, that application may be able to access information that you provide to the other person during the trading process, such as your email and delivery address. The developer or owner of any application which makes use of our API must comply with our API terms and conditions.

  4. GENERAL RULES

    4.1 General

    1. All listings, bids or communications made through Trade Me shall be made in good faith.

    2. You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so.

    3. You may not use a robot, spider, scraper or other unauthorised automated means to access the Website or information featured on it for any purpose.

    4. You shall not list your email address, phone number or any other contact detail within the description of listings, listing comments and/or questions, in your member profile, or in the Trade Me message boards.

    5. Not withstanding 4.1d above, you may enter your appropriate contact details in the relevant contact detail fields of those listing categories which specifically provide for those details, i.e. Motors, Property, Jobs and classifieds.

    6. You must list auctions and classifieds in New Zealand dollars and include GST in the price (except when listing commercial property for lease, which excludes GST). All tax obligations are the responsibility of the seller and/or the buyer (as the parties determine).

    7. You must not complete a transaction outside of the Trade Me process or otherwise seek to avoid Trade Me's success fees. Attempts by you to avoid fees, including through multiple memberships, premature auction withdrawal, or otherwise, may result in Trade Me suspending or terminating your membership at the discretion of Trade Me.

    8. Contracts for the sale of land must be in writing to be legally enforceable.

    9. You must not use the Services or the Website to promote items for sale outside the Services.

    10. You are responsible for any actions taken through your membership. Trade Me memberships are not transferable and therefore cannot be sold, leased, lent or traded without specific written authorisation from Trade Me.


    4.2 Your obligations as a seller

    1. Sellers must be located in New Zealand or Australia. Sellers outside of these countries are not permitted to sell on Trade Me, unless specifically authorised in writing by Trade Me. Sellers located outside New Zealand must offer at least one of the following payment options to buyers: Pay Now, or payment into their own domestic New Zealand bank account. Sellers should not send items to an address that is outside New Zealand and Australia.

    2. You will only enter listings that are accurate, current, complete, and include all relevant information about the terms of sale, payment terms, shipping methods and who bears the cost of shipment. You must list an item in one category only which must be the most appropriate category for your item. If your item is likely to attract customs duty for buyers in New Zealand, you must ensure that this is clearly indicated in your listing.

    3. You will only place listings for items that exist, are to be sold, and that you are legally entitled to sell. You will only list items that are in your possession, except where Trade Me has approved otherwise in writing. In the case of motor vehicles that are offshore, they must be in transit to New Zealand, and you must be a registered motor vehicle trader, and hold clear authority to sell such vehicles before being able to list them. You must also clearly indicate that such vehicles are offshore or in transit in the listing. Any land listed for sale must be in New Zealand.

    4. You may only sell or offer services in our Services Category or in our Travel, Events & Activities Category. All Services Category listings must comply with our Member Services Category Policy. You may only sell bookings and tickets in our Travel, Events & Activities Category. All flight tickets, accommodation and travel packages must be able to be transferred into the buyer's name from within New Zealand (either directly with the airline, service provider, or via a travel agent).

    5. All listings must comply with New Zealand law. You must not list anything that is illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or unsafe, anything which infringes copyright or other intellectual property rights, items which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any item of which the sale is prohibited by, or violates any, law. You are responsible for ensuring that any listing by you does not breach this clause 4.2(e). You agree that Trade Me may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause 4.2(e) at any time.

    6. To protect your images, we will watermark with our logo any images you upload to your listings. You must ensure you hold the copyright or are otherwise licensed to use any images you add to your listings.

    7. When you list an item for auction on Trade Me, you should do so with the intention of selling this item through the site. Therefore you should not advertise your item through another forum. If you remove a listing for an auction you will incur a non-refundable withdrawal fee, regardless of the reason.

    8. Trade Me classifieds may be used by individuals or businesses to list specific items or jobs only and must not be used for multiple or generic item or job listings. You must not place multiple listings for a single item or job.

    9. Your listing may only contain a URL for a website that contains further information on the item you have listed. This website must not offer any items for sale, or contain contact details. You must not use Trade Me listings to promote a business or website other than one for sale in your listing.

    10. You must not use the Services or the Website to sell items that are of a speculative nature including, but not limited to, pyramid or similar schemes.

    11. You must not manipulate prices through shill-bidding or assuming multiple roles in a single transaction.

    12. For auctions, you must sell to the highest bidder if the reserve price is met. You must only sell to a bidder who is not the highest bidder after reasonable attempts have been made to contact the winning bidder without success.

    13. For classifieds, you may choose to sell to any buyer at your discretion.

    14. You will only list adult rated content (videos, magazines, DVD's, etc) in the Adult category. Adult content listed in non-adult categories will be removed or moved to the Adult category.

    15. Listings are not pre-screened for content. Trade Me reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions.

    16. You agree to your email address being provided to the buyer when your auction closes.

    17. You must promptly forward the listed item to the successful buyer on completion of the transaction.

    18. You must not charge unreasonable amounts for shipping and packaging costs.

    19. The sale of films, videos, DVDs, VCDs and laser disks is covered by the Films, Videos and Publications Classification Act 1993. It is an offence to sell any of these items if they have not been examined and classified by the appropriate agencies. When listing these items for sale, you must include within your listing, the New Zealand classification rating and all information on the classification label.

    20. The sale of firearms and ammunition remotely on Trade Me is within the provisions of section 43A of the Arms Act 1983. It is an offence to sell by mail order a firearm or any ammunition for a firearm otherwise than pursuant to a written order signed by the purchaser and bearing an endorsement signed by a member of the Police stating that the member of Police has inspected the purchaser's firearms licence and is satisfied that the purchaser is a fit and proper person to purchase that firearm or ammunition. Sellers must sight the firearms licence of the buyer, or for remote sales must receive written confirmation signed by Police confirming the buyer holds a valid firearms licence. Forms are available at any police station.

      You may only list "A" category firearms, in sporting configuration, as defined by the Arms Act 1983. You may not sell firearms that require additional license endorsements to purchase or large capacity magazines.

      You may only sell firearms that are already in New Zealand. Overseas members may not buy or sell firearms on the site. Only one firearm may be advertised per listing.

    21. If you're a motor vehicle trader selling a car online by auction, you must attach to the motor vehicle, a Consumer Information Notice (CIN), in a prominent position on your listing (e.g., through a clear photo) and provide the CIN to the successful buyer.

      If you sell six or more vehicles in a year, you are likely to be a motor vehicle trader and must be registered. For more information visit the Motor Vehicle Traders Register website.

      Regardless of whether you are a motor vehicle trader or not, if you are selling a car on Trade Me, you are required to ensure that the buyer of the motor vehicle takes the motor vehicle free of any security interest, and you must disclose in the listing whether there is any security interest over the vehicle.

    22. To help maintain quality listings, Trade Me reserves the right to suspend sellers who list over 500 auctions per week where the sell through rate of these auctions averages less than 10% over four weeks. Sell through rate is calculated as the auctions sold divided by auctions listed, not including classifieds.


    4.3 Your obligations as a buyer

    1. You must be located in New Zealand or Australia to buy on Trade Me. People outside of these countries are not permitted to purchase items on Trade Me.

    2. Your bids are not retractable once the auction has closed. You must only place a bid if you intend to buy the relevant item at the bid price entered. Reasonable allowances should be made for postage where applicable.

    3. If you are notified that your bid has been successful, you must complete the transaction in the manner specified. By making a bid, you warrant and represent that you have the legal right to enter into and complete the transaction.

    4. You must make full and prompt payment for any item you buy.

    5. You agree to your username and the amount of your bid being publicly shown on the Trade Me Website. You also agree to your email and delivery address being provided to the seller when you win an auction, and to your email address and username being provided if you send an email through a classified.

    6. If your bid is successful and you do not pay for the item, you will receive a warning from Trade Me if the seller complains about you. After 3 such complaints, Trade Me may suspend or terminate your membership.

    7. You must only access the Adult category if you are at least 18 years old.

    8. You may not bid on an auction that has been listed by a family member, flatmate, friend or any member that is personally known to you, in order to raise the price of that auction.

    9. If you use the Pay Now facility to pay by credit card, you agree to:

      1. attempt to resolve the issue with the Seller first, and to inform Trade Me and co-operate fully and reasonably to resolve any problem transaction before requesting a chargeback from your card issuer or bank.

      2. return the goods (with original packaging) should you seek a refund from the Seller in the event that they are not as described or arrive damaged.


    4.4 Feedback

    1. Feedback is provided for the purpose of facilitating trading between members on the Trade Me Website. Feedback you provide on other members must not contain offensive, defamatory, retaliatory or inappropriate language or content. Trade Me may remove any feedback that we consider to be offensive, defamatory, retaliatory or inappropriate.

    2. You may only give member feedback that relates to a specific transaction. You must not post feedback on a transaction that does not relate to that specific transaction.

    3. You must not post feedback about yourself or include any contact details or personal information in your feedback.



  5. FEES AND ACCOUNTS

    5.1 Trade Me Listing Fees and Success Fees

    1. Trade Me charges fees for the use of the Website as a venue.

    2. Trade Me's current fees are listed on our fees page in the help section.

    3. Any non-commission listing fees are charged at the time of listing and are not refundable. Trade Me may (at our sole discretion) refund a commission or success fee charged on completed auctions if the sale is not successfully completed, provided that a member follows our defined refund process. Trade Me will only issue refunds in the form of credit to the Trade Me account of the member. Cash refunds will not be issued. Credits on accounts with Trade Me are not transferable between members.

    4. Trade Me reserves the right to change the fees charged for any of our Services at any time. In the event that we introduce a new Service, the fees for that Service are effective at the launch of the Service, unless otherwise stated.

    5. If you are a New Zealand resident, then all fees are inclusive of GST and in New Zealand dollars unless otherwise stated. If you are not a New Zealand resident, then all fees are, unless otherwise stated, in New Zealand dollars and do not include GST. Unless otherwise stated in these terms and conditions, no interest or other financial charges will be applied to Trade Me account balances.

    6. Trade Me reserves the right to investigate queries regarding the refund of success fees with bidders, other members and any other relevant party.

    7. Before listing an item, you should review Trade Me's fees to ensure you are aware of the fees that you will incur.

    8. You must pay the fees immediately upon demand by Trade Me.


    5.2 Trade Me Accounts

    1. Trade Me maintains credit accounts for each member and from which members must pay fees including payment of advance listing options. Trade Me accounts may not be used for the payment of items sold using the Services.

    2. Trade Me will maintain an amount that exceeds the aggregate face value of members' Trade Me accounts (less any amounts that have been cancelled, redeemed, or forfeited in accordance with these terms and conditions) in a separate bank account. Trade Me acknowledges and declares that all amounts deposited in that separate bank account are held on trust for members, such that each member has the right to a proportion of the separate bank account equal to the face value of his or her Trade Me account. Trade Me may deduct amounts from the separate bank account as contemplated by these terms and conditions, and reserves the right to retain any interest earned on amounts deposited in the separate bank account.

    3. Any payment to your Trade Me account of an amount less than $10 incurs a $2 handling fee that is payable to Trade Me.

    4. You must settle any negative account balance immediately. Trade Me reserves the right to take action against you, including (without limitation) deducting any amount owed by you from the credit balance of any account operated by you, to recover outstanding debts. You are liable for all expenses (including legal fees) that Trade Me incurs when collecting that debt.

    5. If your membership is terminated Trade Me will refund the balance of your credit account, less a $5 manual processing fee that is payable to Trade Me. Consequently, no refund will be made if the account balance is below $5. If your membership is removed due to breach of our terms and conditions it is at our discretion whether you are eligible for a refund. Promotional giveaways of Trade Me credits, bonus credits, or any free credits gifted to the member on registration will not be refunded.

    6. If you have not logged on to the Website for a period of 18 months, any unused balance on your account is forfeited to Trade Me and your membership will be suspended.

    7. Trade Me will ensure that, at all reasonable times, an electronic statement is available to you (on your 'My Trade Me' page) that contains the following information:

      1. the balance of your Trade Me account; and

      2. records of the past 2000 transactions of your Trade Me account, or all transactions in the preceding 1000 days if your Trade Me account has recorded fewer than 2000 transactions for that period; and

      3. this statement: "The use of this account (including the conditions relating to closing the account and receiving a refund of unused deposits) is governed by Trade Me's terms and conditions."

    8. Trade Me will ensure that, at all reasonable times, you can check the balance of your Trade Me account on your 'My Trade Me' page.


  6. GENERAL PROVISIONS

    6.1 System Integrity: Trade Me will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, Trade Me takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, Trade Me assumes no responsibility for the corruption of any data or information held by Trade Me.

    6.2 Resolution of disputes: As Trade Me is not a party to any sale or transaction between you and another member, you agree not to involve, or attempt to involve, Trade Me in any dispute or in the resolution of disputes that arise between you and another member as a result of the Services provided, other than as provided in clause 4.3 i (i). If you wish to take Disputes Tribunal (or other) proceedings against another member, you can contact Trade Me for a statutory declaration form, which must be completed before we will consider releasing anyone else's information to you. You may only request contact details for the sole purpose of making a claim.

    6.3 Trade Me Message Boards: Trade Me provides Message Boards for the use of Trade Me members. The Message Boards may not be used to promote auctions, websites or any commercial or business activity. Trade Me is not responsible for any of the opinions expressed in the Message Boards. By posting a message to the message board you agree to take full legal responsibility and liability for your comments, including for offensive or defamatory statements.

    6.4 Force Majeure: Without prejudice to clause 2.3(a), Trade Me has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of Trade Me to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Trade Me.

    6.5 No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.

    6.6 Partial Invalidity: If any provision of these terms and conditions becomes or 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 shall continue in full force and effect.

    6.7 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.

    6.8 Intellectual Property Rights: Trade Me (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the Website.

    1. You may not without our prior written permission, in any form or by any means:

      1. Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or

      2. Commercialise, copy, or on-sell any information, or items obtained from any part of this Website.

    2. Buzzy Bee is a registered Trade Mark and is used with the permission of Lion Rock Licensing Ltd.

    6.9 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.

    6.10 Privacy: Trade Me collects, uses and discloses personal information about you, as outlined in detail within our privacy policy.

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