Acceptance of Agreement: If you register to use Unlimited Free Shipping before 11.59pm on 24 December 2017 (“Promotion End Date”), you agree to these terms and conditions ("Agreement") which are between Trade Me Limited (“Trade Me”) and you. As Unlimited Free Shipping is available on an exclusive trial basis to selected members only, not all Trade Me members will be able to register and access to registration may run out for some members.
Term: This Agreement starts from the date you register to use Unlimited Free Shipping and terminates at the Promotion End Date, unless terminated earlier in accordance with clause 11 below.
Unlimited Free Shipping: Subject to this Agreement and clause 6 (fees) this Agreement entitles you to Unlimited Free Shipping. “Unlimited Free Shipping” means that Trade Me will pay for the shipping on any Eligible Item that you purchase from a seller on Trade Me’s online marketplace before the Promotion End Date, provided the shipping is to an address in New Zealand and subject to payment of the Access Fee. An “Eligible Item” means an item:
which can be paid for with Pay Now;
only available on a “Buy Now” basis (i.e., auctions and fixed price offers are excluded);
which is a general items listing labelled as a “new” item;
where all New Zealand shipping options for that item are offered by the seller for less than $20; and
which is identified on Trade Me’s desktop site as having Unlimited Free Shipping applying to it.
Display of free shipping: If you have access to Unlimited Free Shipping and you apply the “Free Shipping” filter on Trade Me’s general items marketplace on the desktop site, Eligible Items will appear alongside existing items with free shipping. These two types of free shipping may not be differentiated because of the trial nature of this promotion. However, once you click on each listing, you will be able to see when a listing has Unlimited Free Shipping due to this Agreement.
Non-commercial and third party use prohibited: Unlimited Free Shipping is made available to you on the following basis:
Unlimited Free Shipping is only available to you if you are an individual accessing Unlimited Shipping for the purpose of your own personal use.
Unlimited Free Shipping is not available for commercial or non-personal use. You must not re-sell Unlimited Free Shipping in any way or form.
Unlimited Free Shipping is only available via, and may only be used by, your Trade Me membership (as entered by you at registration). You agree you will not use Unlimited Free Shipping to purchase any Eligible Items on behalf of another person to avoid that person paying shipping fees.
Fees: To receive Unlimited Free Shipping, you must first pay Trade Me a fee of $9 (including GST) when you register (“Access Fee”). The Access Fee is non-refundable.
Shipping subject to seller requirements: If you have access to Unlimited Free Shipping, you understand and agree that shipping of an Eligible Item remains subject to the seller’s conditions of carriage and will only be available to the addresses in New Zealand where the seller allows delivery. For example, if a seller only allows urban delivery of an Eligible Item, you will only be able to receive shipping for that item to an urban centre.
Seller and buyer responsibility:You acknowledge and agree that Trade Me is not a party to the contract between you and a seller for an item and does not itself perform, or guarantee, delivery. Trade Me is not responsible:
for a seller’s failure to deliver an Eligible Item to you (or a seller’s late delivery); or
for a purchase made by you in the erroneous belief that the item was subject to Unlimited Free Shipping. You acknowledge that in such case you will be liable to pay the seller any applicable shipping fee.
Promotional emails: By entering this Agreement, you agree to receive emails about Unlimited Free Shipping or any future shipping services or promotions offered by Trade Me, and other promotional content about Trade Me products and Services (“Trade Me Emails”). You are able to unsubscribe from Trade Me Emails by clicking on the unsubscribe button on the footer of each email (although Trade Me may still send you some emails specifically about your registration to Unlimited Free Shipping).
Liability: To the fullest extent permitted by law, Trade Me shall not be responsible for any loss, damage or injury whatsoever suffered by you in respect of the subject matter of this Agreement (including but not limited to any direct, indirect, consequential, special, punitive or incidental loss or damages) and Trade Me’s liability to you will be limited to the value of the Access Fee paid by you. For the avoidance of doubt, nothing in this Agreement is intended to modify or negate a consumer's rights under the Consumer Guarantees Act 1993.
Termination: Without limiting any actions that may be taken under the Trade Me terms and conditions, Trade Me may immediately terminate this Agreement by notice to you or suspend your access to Unlimited Free Shipping if you breach this Agreement, or engage in conduct that Trade Me (acting reasonably) deems inappropriate or unacceptable or likely to damage the reputation or goodwill of Trade Me.
Other terms: The Trade Me terms and conditions (as amended from time to time) apply with all necessary modification to this Agreement.
Privacy: Your information collected by Trade Me for the purposes of this Agreement is held and used by Trade Me subject to Trade Me’s privacy policy.
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