1. MyTrader NZ Limited (“we”, “us”, or “our”) provides an online transaction service (“Service” or “Services”), introducing Kiwis to each other for the purposes of buying/selling items, cars, properties and offering services.
2. By using our website (www.mytrader.co.nz (“Site”)) or Services, you agree to comply with these terms & conditions (“Terms”), along with all other policies published on our Site from time to time (“policies”).
Who can use our Services?
3. At this time, we can only support buying/selling in New Zealand, so if you are not resident in New Zealand, you are not currently permitted to use our Site or Services.
4. You must be over 18 years of age to use our Site or Services. If you are not over 18 years of age, you are not permitted to use these.
5. If your account has been suspended or banned by us, you are not permitted to use our Site or Services or to create a new account with us without our express written permission.
6. You must not transfer or sell your account to another party without our consent. Nor are you allowed to share your log in credentials with any third party.
Advertising though us
7. We charge a fee for advertisements that you place using our Services:
a. Our current fees and what you get for these are listed on the Selling Fee page of our Site. We may change our fees from time to time and will notify you of this by updating the Selling Fee page.
b. The fee is to place the advertisement, and in no way guarantees any results. It is therefore payable whether or not the advertisement results in a completed transaction.
c. We may refuse any advertisement regardless of whether or not a fee has been paid.
d. Fees are non-refundable except in our sole discretion. This includes where an advertisement is delayed, inaccessible on or omitted from our Site for any reason, removed, modified or recategorized.
8. We offer a number of different listing options and categories for different purposes. You must not advertise something in a category that is not applicable (for example, you must not list an advertisement for a car under the food and drink category).
9. By using our Services and Site to advertise an item for sale or service:
a. you are confirming you are legally entitled to sell or promote what you are advertising and have all necessary title, qualifications and authority to do so.
b. You are responsible for complying with all laws relevant to your advertisement. Amongst other things, this means that:
i. all descriptions must be a true reflection of what you are advertising and must not be misleading or deceptive in any way;
ii. You warrant that any price listed in the advertisement is inclusive of any applicable tax (including GST if you are GST registered), and that any likely customs duties are clearly indicated.
iii. any shipping costs must be clearly described, and reasonable estimates of delivery time must be provided.
iv. you must not advertise anything that infringes on anyone else’s intellectual property rights, meaning for instance that you must not advertise counterfeit goods or “knock offs” for sale;
v. you must also respect others’ contents rights when you advertise items, meaning that unless you have permission to use someone else’s images or text, you should use your own;
vi. you are responsible for ensuring that any item or service you are advertising is both lawful for you to sell or promote, and that any person to who you sell or promote this to, is legally entitled to receive this from you.
c. You acknowledge that no advertisements may be placed for items listed as banned on our banned and restricted items list, and that you will comply with any directions we set out for sale of restricted items.
d. You are responsible for ensuring that your advertisement contains no offensive or defamatory words, statements or images; and that nothing in your advertisements is intended to cause harm to any person, or would cause harm to any ordinary reasonably person.
e. If your advertisement includes links to or the address of another website, you are responsible for ensuring that the contents of that website comply with all aspects of our Terms as if it were an advertisement itself, and that the website is compliant with the Privacy Act 2020.
f. To prevent search engine manipulation your advertisements must not include keywords that are unrelated to the subject of your advertisement.
g. You grant us a perpetual, irrevocable, unlimited worldwide license to us free of charge to do all things necessary to publish the contents of your advertisement on our Site and to otherwise use any text or images that you have provided to us in the provision of our Services or for our advertising or market research purposes.
h. You agree that we may contact you to request information from you about your advertisement.
i. You agree that we may remove, modify or recategorise your advertisement at our discretion if we consider that it is in breach of these Terms, any of our Policies, or infringes on any laws. If we do any of these things, you acknowledge that any fees you have paid will be refunded in our sole discretion only.
j. You understand that we may ban or suspend your account at our sole discretion if you breach any of these Terms, any of our Policies, or infringes on any laws.
Our role and responsibilities
10. As an introductory service:
a. We do not own or check any of the items or services advertised on our Site and do not in any way endorse or recommend anything advertised through us. We are therefore not responsible if an advertiser is dishonest in their advertisement or their dealings with you, or for any guarantee, or any legal, quality, timeliness, fitness for purpose, or safety issues arising from or in connection to any item or service advertised through our Site and Services. All transaction or other dealings between users of our Site and Services is at your own risk. See “how to stay safe when online shopping” for some hints and tips.
b. We are not a party to any transaction between users of our Site and Services, so are not responsible in any way for the performance of any agreement reached between users of our Site and Services. We are therefore not responsible if someone fails to perform or otherwise breaches in any way any agreement that is made following the placement of an advertisement on our Site.
c. We are not responsible for, and cannot reasonably control, our users conduct or screen all advertisements. As such we take no responsibility to you or to any other person if a user of our Site or Services defrauds (or attempts to defraud) or defames any person, or sells or attempts to sell any item through advertisements placed on our Site that they are not entitled to sell.
11. We are not liable to you or to any other person for any issues arising from your use of our Site or Services to the full extent that we are permitted to exclude liability at law. As such you release us (and our directors, employees and agents) from any claims, demands, and damages (actual and consequential) that arise from or in connection with your use of the Site and our Services. This includes (but is not limited to) excluding:
a. Liability to you or any other person for anything that is outside of our reasonable control;
b. Liability to you or any other person for issues arising from our Site being down, or for you or other users being unable to access or connect to our Site, for any reason;
c. Liability to you or any other person for or relating to any dispute between you and any other user of our Site and/or Services;
d. Liability to you or any other person for damages resulting from any negligence, breach of contract, or breach of any statutory or equitable duty or otherwise by us;
e. Liability to you or any other person for special, consequential, incidental, reliance or punitive damages, losses, liabilities, costs or expenses; loss of revenue, loss of business or business opportunities, profits, anticipated savings, reputation or goodwill; or any general or damages.
12. If not withstanding the above we are liable to you in anyway our liability will not exceed the amount you have paid us in relation to any advertisement connected to the liability; or in any other case, $100.
13. You will indemnify us (including by paying all legal and other costs that we incur), and hold us (including our directors, employees, and agents) harmless in the event of any claim or demand made by you or by any third party against us due to or arising out of your use of our Site or Services, any breach of these Terms, or your breach of any law or the rights of a third party.
General terms for all users
14. You agree that you will not collect our user’s information, or collect content published on our Site.
15. You will not contact any user who has provided their contact details on our Site except for the purpose of communicating with them about an advertisement that they have placed or responded to.
16. These Terms and your use of this Site and our Services are subject to the laws of New Zealand. By using these you agree that the New Zealand courts have exclusive jurisdiction in respect of any legal proceedings between you and us.
17. No delay or failure to act or enforce these Terms by us is a waiver of any rights that we hold under these Terms. No waiver is effective unless it is in writing. Any waiver of a breach so given is not a waiver of any other breach.
18. If any provision of these Terms is found to be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
19. Unless you have entered into a separate written agreement with us that expressly references our Terms, this is the exclusive and entire agreement between us and you, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties in any form.
20. We may from time to time and in our sole discretion amend these Terms and any Policies with immediate effect by updating the page on our Site where these Terms and Policies are published.