Acceptance of terms: By listing an item which has a Success Fee Discount applying to it (an “Eligible Item”), you agree to these terms and conditions (“Terms”) which are between Trade Me Limited (“Trade Me”) and you. Trade Me may update these Terms at any time without notice to you, but will adhere to the terms that applied at the time you listed an Eligible Item.
Success Fee Discount: A “Success Fee Discount” is where Trade Me offers to reduce the normal success fee applicable under Trade Me’s fees page in relation to any specified item or items found in Trade Me’s general items marketplace (and includes where Trade Me offers you the option to list an item with no success fee applying upon the item’s sale). A Success Fee Discount may be made available only to specific members (determined at Trade Me’s sole discretion) and the reduction in the applicable success fee may be indicated as a percentage discount or a price reduction. Where a Success Fee Discount is offered to you, Trade Me will discount your success fee in accordance with the discount or reduction indicated to you, provided you comply with these Terms.
Other requirements for Success Fee Discount: From time to time, Trade Me may offer a Success Fee Discount to you in accordance with these Terms. Any other terms, conditions or requirements applicable to an offer of a Success Fee Discount which are made known to you (for example, via email, in the listing process or in any advertising) apply in addition to these Terms. In addition, any Success Fee Discount will only:
be available to you for the period specified by Trade Me to you, or if not specified, for a limited time (which may be determined by Trade Me at its reasonable discretion and without notice to you); and
apply in relation to the items, categories of items or to the specific sellers, notified to you by Trade Me.
Other fees still apply: If you list an Eligible Item, unless Trade Me notifies you otherwise, you will remain liable to pay:
a withdrawal fee if you withdraw an Eligible Item which was not sold to a Trade Me member;
the normal success fee applicable when you relist any Eligible Item that was originally listed with the benefit of a Success Fee Discount;
the normal success fees applicable for any item you listed which was not subject to a Success Fee Discount (for example, because the category of item was not eligible for the Success Fee Discount or the item was listed after the Success Fee Discount period finished);
any applicable charge for the use of a payment service on Trade Me’s online marketplace (for example, Pay Now, Ping or Afterpay);
any applicable high volume listing fees;
for any promotional extras that you purchase in relation to a listing;
any applicable classified fee for a classified listing; and
any applicable listing fee.
Commercial use prohibited: You are not eligible for, and must not use, a Success Fee Discount if you are a professional seller, are selling an item “in trade” (as that term is understood in the Consumer Guarantees Act 1993) or have a membership flagged as ‘business’. If you are offered a Success Fee Discount, you may only use this for your sole personal, non-commercial benefit. Trade Me may charge you any relevant success fees, and take any other action permitted by the Trade Me terms and conditions, if Trade Me reasonably believes that:
you are an “in trade” seller and have taken actions to attempt to avoid paying normal success fees through a Success Fee Discount (including by creating a new account);
due to the volume or nature of the items that you have listed while you have access to a Success Fee Discount, you are not using your membership for your own personal, non-commercial use;
you have attempted to transfer or re-sell the benefit of a Success Fee Discount to any other person in any way; or
you have let any other person use your Trade Me membership for the purpose of that person receiving your Success Fee Discount.
Suspension: Without limiting any actions which may be taken under the Trade Me terms and conditions, Trade Me may immediately suspend your access to a Success Fee Discount (with or without notice to you) if you breach these Terms, or engage in conduct that Trade Me (acting reasonably) deems inappropriate or unacceptable or likely to damage the reputation or goodwill of Trade Me.
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 these Terms (including but not limited to any direct, indirect, consequential, special, punitive or incidental loss or damages) and Trade Me’s liability to you will in all circumstances be limited to $50. For the avoidance of doubt, nothing in these Terms is intended to modify or negate a consumer's rights under the Consumer Guarantees Act 1993.