It is important that members familiarise themselves with and comply with the policies relevant to their use of the 4tradeit website and services provided for under this agreement. Completion of the 4tradeit registration process demonstrates acceptance of, and agreement to be bound by these terms and conditions.
1.2 AMENDMENT OF TERMS AND CONDITIONS
If members do not agree to such changes to the terms and conditions agreement, the member must terminate their membership of 4tradeit. If following such changes to this agreement a member continues to remain a member of the 4tradeit website, the member will be considered by 4tradeit to have accepted the various terms as part of this agreement.
These terms and conditions were last updated on 27 February 2016
'item', or 'items' means goods that may be bought or sold through the auction or classified process;
'member' means a registered member of 4tradeit 'services' means any of the services offered by 4tradeit from time to time, including online classifieds and auctions, message boards, and any other service that 4tradeit may offer;
'we', 'our' and 'us' are a reference to 4tradeit Ltd;
'web site' means the 4tradeit web site where the services are offered;
'listing' means a listing on the web site through which a member can negotiate, offer, and buy or sell any item, whether by auction or classified and
'seller' includes any person and/or business placing a listing.
Members using 4tradeit may only modify or add content in those areas specifically designed for members use. All content must abide by all other 4tradeit policies.
Designated member areas are the Listing Details page, the 4tradeit email forwarding system text box (ask seller a question), tell a friend page and feedback pages. In no circumstance may a member block, obscure, overwrite or modify any 4tradeit generated content or pages. All other website locations and/or components are strictly for the use of 4tradeit only. Infringements of this policy may result in a range of actions, including cancellation of listings and/or suspension of a members account.
2.2 4TRADEIT SERVICES
2.3 AT YOUR OWN RISK
To the maximum extent permitted by law and without limiting clause 2.3, 4tradeit disclaims and excludes all and any implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
(i) 4tradeit does not warrant that the services provided will be uninterrupted, timely, secure, or error free, or
(ii) that any information, inclusive of any feedback provided on the web site is error-free or reliable.
under no circumstance will any advice or information that is obtained by members from 4tradeit or anyone else create any warranty by 4tradeit not expressly stated in the terms and conditions; and the responsibility for any advertisements content appearing on this web site inclusive of hyperlinks to advertisers' own website remains solely with the advertisers. Placement of any advertisements on the 4tradeit web site does not constitute 4tradeit recommendation or endorsement of the advertised service or product. Each and every advertiser is solely responsible for any representation made in its advertisement. Should 4tradeit facilitate payment for any item by credit card, 4tradeit is in no way involved in the transaction itself, and any responsibility for a refund shall rest with the seller of the item.
It is free to become a member of 4tradeit. A person and/or business may only register as a member if they are resident in New Zealand and/or Australia, and can form a legally binding contract that is enforceable against them. For example, a member must be older than 17 years. By registering as a member, the person and/or business warrants that they can form a legally binding contract.
Each person and/or business shall have only one membership with 4tradeit. Businesses requesting membership may be required to provide evidence of or proposal for business. At the discretion of 4tradeit a member may create a business membership in addition to a personal membership.
4tradeit reserves the sole right to determine the appropriateness of a members username and or email address associated with a users 4tradeit account on the 4tradeit website.
3.2 ACCURATE INFORMATION
3.3 CANCELLATION OF MEMBERSHIP
3.4 SECURITY OF YOUR LOGIN INFORMATION
3.5 WEBSITE CONTENT
Banned and Restricted items
In addition, a number of items, including books, videos, dvds, cds, music & movies, travel & event tickets, memorabilia and games & software cannot be listed and/or sold on 4tradeit. It is important that 4tradeit members review the full list of Banned and Restricted Items.
Several other listing categories such as art, jewellery, business types have a specific listing criterion. It is important that users of the 4tradeit website comply with the listing criteria stipulated for these listing categories.
To avoid embarrassment through having a listing removed from the 4tradeit website, we would ask all 4tradeit members to please read and comply with an item's listing criteria. If you are unsure if an item you wish to sell meets the category listing criteria, please email the 4tradeit support team with an image and/or description of the item you wish to sell for 'product listing approval'.
Management of Listings
All bids, listings and/or communications made through the 4tradeit website shall be undertaken to the mutual benefit of each party. Members shall not interfere with or harm the web site, services, any part of the network to the system underlying or connected to them. This also includes the use of scrapers, robots, spiders, or any other automated tools to access any information or feature on the website.
Members shall not list their email address, phone number or any other contact detail within the description of listings, listing comments and/or questions, in their member profile, or in the 4tradeit message boards.
Not withstanding the above, members may enter their appropriate contact details in the relevant contact details fields of those listing categories which specifically provide for those details, i.e. Jobs and classifieds.
All listings shall be listed in New Zealand dollars and the price shall be inclusive of GST. All tax obligations are the responsibility of the buyer and/or the seller.
Members shall not complete a transaction outside of the 4tradeit process or in any way seek to avoid any 4tradeit success fees or any other fees 4tradeit may introduce in the future. Attempts by members to avoid fees, multiple memberships, and/or by any other method, could result in 4tradeit canceling or suspending a members membership. This shall remain at the sole discretion of 4tradeit.
It is important that contracts for the sale of land are in writing. This is required for the contact to be legally enforceable. We recommend that, after the seller accepts a sale price for real estate through any 4tradeit service, both parties should agree in writing the price and terms of sale for the real estate after obtaining independent legal advice.
All persons who buy on 4tradeit must be a resident of New Zealand. Persons resident in other countries are not permitted to participate in the 4tradeit services and/or website.
Members shall not use any 4tradeit service or the 4tradeit web site to promote items for sale outside of the 4tradeit website.
4tradeit memberships are not transferable, and cannot not be sold, traded or leased out.
4.2 MEMBERS OBLIGATIONS AS A SELLER
Sellers shall be resident in New Zealand. Persons, companies and/or any other organisation outside of New Zealand shall not sell or participate in any activity on the 4tradeit website and/or services.
It is recommended that for safety reasons sellers do not send items to any address that is outside New Zealand.
A member must be legally able to sell any item they list to sell on 4tradeit. Members shall 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.
Members shall list an item in one category only which must be the most appropriate category for your item.
Members shall not list items that are not in the members possession. Members shall only place listings for items that exist and are available for immediate sale.
Members shall not sell illegal, offensive(including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or unsafe items, items which infringe 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.
Members are responsible for ensuring that any item listed by them does not breach this clause.
Members agree that 4tradeit may disclose personal information, including name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if 4tradeit considers that a member is in breach of this clause at any time.
When members list an item for auction on 4tradeit,it should be done with the intention of selling the item through the 4tradeit website.
If a member removes an auction listing after bidding has commenced, the member may incur a non-refundable withdrawal fee, regardless of the reason. Should this occur, 4tradeit also reserves the right to cancel a users registration, without recourse by the user.
4tradeit classifieds may be used by individuals or businesses to sell specific items and/or services only. Members shall not place multiple listings for a single item or service.
Members listing may only contain a URL for a website that contains further information on the item the member has listed. This website shall not offer any items for sale, or contain contact details. Members shall not use any 4tradeit listings to promote a website and/or business other than one for sale in their listing.
Members shall not use the Services or the website to sell items that are of a speculative nature including, but not limited to, pyramid, surf for free or similar schemes.
Members shall not manipulate prices through shill bidding or assuming multiple roles in any single transaction.
For auctions, members shall sell to the highest bidder if the reserve price for the auction has been achieved. Members may only sell to a bidder who is not the highest bidder after reasonable attempts have been made to contact the winning bidder without success and/or the winning bidder fails or declines to comply with the terms of sale stated in the item description of the members listing.
With a classifieds advertisement, members may choose to sell to any buyer.
Adult rated content (videos, magazines, DVD's, etc) shall not be listed on the website. Adult content listed shall be removed and 4tradeit reserves the right to cancel the members registration.
4tradeit does not prescreen listings for content. 4tradeit reserves the right to remove any listing that it considers is in breach of the terms and conditions or unsuitable.
When a members auction closes, the member agrees to their email address being supplied to the buyer.
On completion of a transaction the member shall promptly forward the listed item to the successful buyer.
Members shall not charge unreasonable costs for shipping, packaging handling costs.
Sale of DVDs, VCDs, films, videos, and laser disks is covered by the Films, Videos and Publications Classification Act 1993 (NZ). For a members own protection, note that it is an offence in New Zealand to sell any of these items if the appropriate agencies have not examined and/or classified the item. This type of offence has a maximum penalty of $3,000 per publication.If any publication was sold, and deemed to be objectionable and where the seller knew the publication was objectionable, the maximum penalty consists of 10 year's imprisonment per publication. It is important that (a) when listing these types of items for sale, a member shall include within their listing, the New Zealand classification rating and all other relevant information on the classification label, and (b) the seller refers to the 4tradeit books, videos, dvds, cds, music & movies help section before listing this type of item for sale on 4tradeit.
Refer to the provisions of section 43A of the Arms Act 1983 (NZ) with regard to the selling of firearms on 4tradeit. It is important to note that it is an offence to sell by mail order a firearm or any ammunition for a firearm otherwise than where a written order has been signed by the purchaser and bears an endorsement signed by a member of the Police stating that the member of Police has inspected the purchaser's firearms license and is satisfied that the purchaser is a fit and proper person to purchase the ammunition or firearm. Anyone selling ammunition and/or firearms should ensure that they personally sight the correct documentation signed by a member of Police.
Members selling firearms or ammunition face to face should ensure that they personally sight the firearms license of the person they are firearms and/or ammunition to.
4.3 MEMBERS OBLIGATIONS AS A BUYER
If a member is notified that their bid has been successful, the member shall complete the transaction in the manner specified by the seller. When a member makes a bid, the member warrants and represent that they have the legal right to enter into and complete the transaction.
Members shall make full and prompt payment for any item purchased on 4tradeit.
Members agree to their username and the amount of their bid being publicly shown on the 4tradeit Website. Members also agree to their email address being supplied to the seller when they win an auction.
Where a members has a successful bid and then does not pay for the item, if the seller complains to 4tradeit about the member, the member shall receive a warning from 4tradeit. Should 4tradeit receive 3 such complaints, 4tradeit may suspend or terminate the membership of this member.
Any 4tradeit member shall not shill bid on an auction that has been listed by a flatmate, family member, friend or any other member that is personally known to the member, with a motive to increase a price on an auction.
4.4 MESSAGING FEEDBACK
Feedback is a valuable indicator of a buyers or sellers reputation on 4tradeit. A members feedback profile includes a feedback score as well as comments from the people the 4tradeit member sells to. It is most important that the feedback a member places on other 4tradeit members shall not contain offensive, defamatory, disruptive hostile comments, or inappropriate language. 4tradeit reserves the sole right to determine what is considered offensive, defamatory, disruptive hostile comments, or inappropriate language.
Threatening to leave negative or neutral feedback for another member unless the other member provides goods or services not included in the original listing is not permitted. Feedback placed for another member where the primary value of the feedback is to inflate a member's reputation rather than provide genuine commentary on a genuine transaction is not permitted. Offering to sell, buy or barter feedback is not permitted. Sellers are not permitted to include in their listings or terms of sale any conditions that limit or restrict the buyer from leaving feedback. Infringement of this feature may result in a range of actions including cancellation of listings, forfeit of 4tradeit fees on cancelled items and/or suspension of members account.
Members shall only place member feedback that relates to a specific transaction. Members shall not post feedback on a transaction that does not relate to that specific transaction.
Members shall not post feedback about themselves or include any contact details or personal information in their feedback.
4tradeit Feedback features are provided for the sole purpose of facilitating a safe environment for trading between 4tradeit members on the 4tradeit Website. Members shall not market or export any 4tradeit feedback to any forum other than the 4tradeit Website. It shall be considered a breach of the
4tradeit terms and conditions to link your 4tradeit feedback to and/or from
other selling and buying website's.
Fees & Services
The 4tradeit website is a location for buyers and sellers to safely trade goods and services. Sellers are charged fees for some services available on the 4tradeit web site. When a member lists an item, the member has an opportunity to review and accept the fees that will be charged for use of a service.
The 4tradeit fees are listed on the 4tradeit pricing page. Any non-commission listing fees are charged at the time of listing and are not refundable. 4tradeit will only issue refunds in the form of credit to the 4tradeit account of the member. 4tradeit will not issue cash refunds. 4tradeit account credits are not transferable from one member to another member.
4tradeit reserves the right to change the fees charged for any of our services at any time. Should 4tradeit introduce a new service, the fees for that service shall be effective at the launch of the service, unless stated otherwise.
All fees are inclusive of GST and in New Zealand dollars. Unless otherwise stated in these terms and conditions, no interest or other financial charges will be applied to 4tradeit account balances.
Members may not use systems or techniques to avoid 4tradeit fees, or to misrepresent a product or service, or to unfairly entice or dupe a buyer. These may include but are not restricted to the following:
4tradeit reserves the right to carry out any investigation with regard to queries about any refund of fees with Internet Service Providers, bidders, other members, and any other relevant party.
Members should review 4tradeit fees before listing an item, to ensure they are aware of the fees that they will be charged by 4tradeit. Members shall pay any fees immediately upon demand by 4tradeit.
5.2 4TRADEIT ACCOUNTS
The minimum 4tradeit member account top-up is $2.00. Members must settle any negative account balance immediately without delay. 4tradeit reserves the option to take action against a member to recover any debts that are outstanding. Members shall be liable for all and any expenses inclusive of legal fees that 4tradeit may incur seeking to recover an outstanding debt.
4tradeit will refund the balance of the members credit account if a membership is cancelled, less a $5.00 processing fee which shall be payable to 4tradeit. No refund will be made to a member if their account balance is below $5.00. If a membership is removed because of a breach of the 4tradeit terms and conditions, it shall be at the discretion of 4tradeit as to whether a member shall be eligible to receive a refund.
Any 4tradeit credits, bonus credits, promotional giveaways and/or any free credits gifted to the member on registration shall not be refunded. The balance of any 4tradeit credits, bonus credits, promotional giveaways and/or any free credits gifted to the member and not used within a 12 months from the date of issue will automatically be deleted from the members account. Where a member has not logged on to the 4tradeit web site for a period of 18 months, any unused balance on their account shall be forfeited to 4tradeit and a suspension of their membership may occur.
5.3 PRECIOUS GIFT DONATIONS
All Precious Gift Donations made through the 4tradeit Community section are processed via a secure payment site directly to The Wings of Hope Trust (Charitable) Donations account. The Wings Of Hope Trust will then distribute a Precious Gift Donation to Kiwis in need of support. Precious Gift Donations are fully tax deductible.
Precious Gift Donation Tax Receipts will be issued by The Wings Of Hope Trust before the end of each calendar month.
Precious Gift Donations can be made by the use of either Visa or MasterCard Credit Cards.
All Precious Gift Donations are non-refundable.
6.2 RESOLUTION OF DISPUTES
6.3 4TRADEIT MESSAGE BOARD
6.4 FORCE MAJEURE
6.5 NO WAIVER
6.6 PARTIAL INVALIDITY
6.7 GOVERNING LAW
6.8 INTELLECTUAL PROPERTY RIGHTS
Reproduce, copy, store, adapt, distribute, print, perform, display, publish or create derivative works from any part of this web site; or
Copy, commercialise, or on-sell any items or information obtained from any part of this web site.
6.9 ENTIRE AGREEMENT
4tradeit operates the website www.4tradeit.co.nz. As part of our operations we may collect personal information about members through their use of the services and the web site, including: members registration details; and information relating to their use of the web site and the content they access.
Members agree that 4tradeit may use this personal information to assist us to provide the services to members, for internal research purposes, to verify their identity, for promoting and marketing other 4tradeit products and services to members, and for any other use that members authorise.
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