Trade Me site terms and conditions

Welcome to Trade Me’s terms, thanks for stopping by. We think this stuff is important, and we’re glad you’ve taken an interest.

imageskev.png Our friend Kev understands how hard it can sometimes be to understand legal terms, so he’s tried to simplify each clause for you.

1.   Our Services

2.   Your Membership

3.   Your general commitments

4.   Listing and selling

5.   Buying

6.   Feedback

7.   Using our message board

8.   Resolving problems

9.   About our Terms

 

1.   Our Services

1.1   We provide a venue including Trade Me Marketplace, Trade Me Motors, Trade Me Property and Trade Me Jobs

1.2   We work to ensure our venue is safe and trustworthy

1.3   We offer services to make our venue easier to use

1.4   We own our own intellectual property

1.5   We provide an API

1.6   We keep your funds in a trust account

1.7   We can change our Services on notice

1.1   We provide a venue including Trade Me Marketplace, Trade Me Motors, Trade Me Property and Trade Me Jobs

Our aim in providing our Services is to make life better for Kiwis.

We provide an online venue to introduce Members in various ways, and to allow Members to advertise all sorts of items, vehicles, properties, jobs and services.

In providing the Trade Me venue, we don’t participate in the actual sale of Items or the transaction itself. We don’t own any Items listed on our Site and don’t offer them for sale, nor do we act as an agent for either party. We also don’t take part in the actual provision of Member Services.  

Kev’s translation: We’re like a shopping mall, but without the actual building.

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1.2   We work to ensure our venue is safe and trustworthy

Our Members will only use Trade Me if they trust other Members and feel confident in the Trade Me community. We have a dedicated Trust and Safety team, committed to making Trade Me the safest online marketplace for Kiwis. While we can’t pre-screen Listings or monitor our entire Site (generally, over 1 million new Listings go on Site each week), if we become aware of any misuse of our Services, we’ll take the appropriate action. This could be issuing a warning, removing content, disabling an account, banning a Member, or contacting the relevant authority.

Some examples of the kind of misuse we’d take action over are: illegal, stolen or unsafe Items; Listings that do not comply with New Zealand law or that infringe intellectual property rights; or harmful or offensive conduct. We may also limit your activities on our Site based on your off-site conduct, such as prior criminal convictions, insolvency, or any other conduct that puts our community or systems at risk.

You agree that we may disclose your personal information in accordance with our privacy policy, including your name and contact details, as well as any transactional records, site interactions or other relevant information, to the relevant authorities, parties and/or intellectual property rights holders.

Kev’s translation: Our Trust and Safety team works hard to make our site the safest place for Kiwis to trade. Don’t do anything dodgy, harmful or offensive or they will step-in.

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1.3   We offer services to make our venue easier to use

We offer a bunch of additional services to make our venue easier to use and to make life better for Kiwis. Generally, these additional services have their own Specific Terms, which can be found on our Site and which form part of these Terms.

For example:

  • Our Book a courierservice means Members can send all sorts of Items, including Items they’ve sold onsite.
  • Our payments service, Ping, lets Members pay each other instantly by credit card, bank account or using funds loaded on their Ping balance.
  • We’ve integrated with Afterpay so buyers can purchase and receive Items straight away, while paying them off over a set time. You understand that we may receive payment from Afterpay in connection with making their service available to our Members.
  • Our MotorWeb service means Sellers can easily display key vehicle information on their Listing, and enables buyers to order comprehensive Vehicle Information Reports that ensure buyers are informed and confident about a vehicle.

 

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1.4   We license our intellectual property to you

To enable you to use and enjoy our Services, we grant you a limited, non-exclusive, non-transferable and revocable licence to use our Site and Services in accordance with our Terms.

We retain all of our intellectual property rights, including our rights in the software and source code used, to provide the Site and Services. You may not adapt, reproduce, copy, store, distribute, publish or create derivative works from any part of the Site, or commercialise or on-sell any information obtained from the Site or our Services, without our prior written consent.

Kev’s translation: We own our site. We grant you a limited licence to use it, but you can’t copy it (of course).

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1.5   We provide an API

We provide an application programming interface (API) to enable software to interface with our Site. The API enables developers to build new applications for our Members to use. We use it ourselves to power our applications. As a result, information you publish on Trade Me may be accessed through the API and may appear in other places, such as other apps or websites.

Also, if you grant an application permission to access your Trade Me account, that application will be able to access your data, information that you can see when you are logged in to Trade Me, and perform functions on your behalf. You can control which apps can access your account by going to My Trade Me API applications.

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.

Any developer or owner of an application which makes use of our API must comply with our API terms.

Kev’s translation: Our API lets developers build cool things to integrate with our site. Those developers are subject to our API terms. You can control what apps access your account from your My Trade Me page.

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1.6   We keep your funds in a trust account

We have a separate bank account where we hold Member funds. All amounts deposited in that separate bank account are held on trust for our Members, so that each Member has the right to a proportion of the account balance equal to the face value of his or her Trade Me account.

We may deduct amounts from the separate bank account as contemplated by these Terms, and you agree that you have no right to any interest earned on amounts deposited in this trust account.

No charges other than our Fees will be applied to Trade Me account balances, unless clearly stated in the Terms.  

Kev’s translation: We have a special bank account for all member credit, so don’t worry – we can refund any balances if you ask us to.

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1.7   We can change our Services on notice

We are constantly changing and improving our Site and Services. We may add or remove features or functions and we may suspend or stop providing a Service altogether.

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2.   Your Membership

2.1   Becoming a Member

2.2   Maintaining your membership

2.3   Your account balance

2.4   How we communicate with each other

2.5   Terminating your membership

2.1   Becoming a Member

It’s free to become a Member of Trade Me, but we do have some eligibility terms. To become a Member you must:

  1. be at least 18 years old and able to enter into contracts;
  2. be a resident in New Zealand or Australia (unless we specifically agree with you otherwise); and
  3. complete the registration process and provide true, correct and up-to-date information.

We may allow you to register or log-in to some of our Services with a third party service (e.g. Facebook or Google+), in which case we will access, store and use your information from that service, subject to their terms. Our privacy policycovers this also.

In order to use our Services, you only need one account. So, you can’t register as a Member under multiple identities, personas, or aliases (whether they are false or not). You may create a business membership, in addition to your personal one. If you think you need both, please check out our Trust & Safety blog postfirst.

Kev’s translation: To use our services you’ll need to register, and we have a few eligibility criteria. You only need one account, so that’s all you can have (mostly).

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2.2   Maintaining your membership

You must maintain and update your personal and account information, to ensure it’s always current and correct. We may contact you to verify your details.

You’re responsible for all the activity that happens on your account. To protect it, keep your login information secret and secure, change your password regularly, and don’t let anyone else use your membership.

Our Members work hard to earn great feedback, and rely on the feedback placed about others. Unless we give specific prior approval, your membership is not transferable and can’t be sold, leased, lent or traded. If you want to transfer your membership, you can check out our Trust & Safety blog for some helpful guidance and get in touch to apply.

Kev’s translation: Please keep all your details up to date, and your password safe.

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2.3   Your account balance

We maintain an account for each Member. You can check your account balance at any time by logging in and going to your My Trade Mepage. You must use your account to pay all fees. You’re not able to use your account balance to purchase an Item another Member has listed, and account credit is not transferable between Members.

You must promptly pay any negative account balance. If your account remains negative or you are in debt to us, we may take action against you to recover that debt. For example: by using a third party debt collection service, or deducting the amount owed from any other Trade Me account that you operate. You’ll be liable for all expenses that we incur trying to recover that debt, including legal costs.

If your membership is terminated, we’ll refund any balance of your account, less a $5 processing fee that we may charge. If your balance is less than $5, we won’t refund you.  If you haven’t logged into your account for more than 18 months, your account will be suspended and any unused balance will be forfeited to us. You’ll need to get in touch to get your account back up and running.  

Promotional giveaways of Trade Me credit, bonus credit, or any free credit gifted to you on registration won’t be refunded (upon termination or at any other time).

Kev’s translation: Your My Trade Me page has all the info you need on your account credit, which you should keep topped up.

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2.4   How we communicate with each other

We may contact you about your membership, your transactions and any other activities on the Site. Our privacy policy has more information on this.

Subject to your email preferences, we may contact you with information or promotions about our other Services that we think you’ll be interested in. We also send emails and e-newsletters to some of our Members, where we think they’ll be relevant. You can unsubscribe from all emails and newsletters that don’t contain important information about using Trade Me.

Kev’s translation: We may contact you from time to time when we think something may be relevant and interesting for you. You can unsubscribe from most emails.

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2.5   Terminating your membership

You may terminate your membership at any time, for any reason.We’ll need around three days to process your request. Similarly, we may refuse to offer some or all of our Services to you without prior notice, for any reason.  

If we have restricted or prohibited your access to our Services, we will have done this for a reason and, if we can, we’ll tell you why. You agree not to bypass these controls, for example, you agree not to create a new membership. If we have explained why your access to our Services has been restricted or prohibited, we reserve the right to cease further correspondence with you.

If your membership is terminated (by you or by us), your ability to access our Site will end and you must stop using our Services. Certain clauses from these Terms will continue to apply after termination, including clause 1.4, 3.4 and 8.38.6. If you visit our Site after termination, or otherwise use our Services, these Terms will apply.

Kev’s translation: You can end your membership at any time, and so can we.

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3.   Your general commitments

We provide our Services with the aim of making life better for Kiwis. To help us do that, we need you to make certain commitments:

3.1   Our Code of Conduct

3.2   Our venue is for NZ and Australia

3.3   Don’t be a dick

3.4   You give us a right to use your content for our Services

3.1   Code of conduct

Our code of conduct sets out principles and behaviours that the Trade Me community reasonably expects of Members using our Services. The code of conduct forms part of these Terms. It's pretty common sense stuff, but if you’re in any doubt please check it out.

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3.2   Our venue is for New Zealand and Australia

Our venue is for New Zealand and Australia only, and parts of it are just for New Zealand. For example: all property Listings (including properties for sale, properties for rent and flatmates wanted) may only relate to New Zealand properties; you must be located in New Zealand or Australia to buy Items on Trade Me; and Sellers must not send Items to an address that is outside these countries.

You must be located in New Zealand or Australia to list Items on Trade Me, unless we specifically approve you to use Trade Me from another country. You can list a job on Trade Me if you are based in Australia, but you’ll need to purchase a pack or plan, rather than a casual listing for a single job.

If we approve you to use Trade Me Marketplace from a country other than New Zealand, you’ll need to offer buyers the option of paying by at least one of: Ping, Pay Now, Afterpay, or payment to a domestic New Zealand bank account.

Kev’s translation: NZ is our home base and we're focused on providing a great service to Kiwis.

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3.3   Don’t be a dick

No scraping: You may not use a robot, spider, scraper or other unauthorised automated means to access the Site or information featured on it for any purpose. You also may not manually scrape, harvest or otherwise extract data from our Site without our express permission.

Keep it legal: You’ll comply with all applicable laws when using our Services. Examples of some relevant laws are the Fair Trading Act 1986, the Consumer Guarantees Act 1993, the Harmful Digital Communications Act 2015, the Copyright Act 1994, and the Trade Marks Act 2002, to name a few!

No shill bidding:Shill bidding is when someone (including family, friends or employees) tries to manipulate price, desirability or search position by placing fake bids. We want Trade Me to be a trusted marketplace and therefore shill bidding or any other dishonest behaviour or bidding practices, are not allowed on Trade Me.

No classified spamming:You won’t use the 'contact’ feature of Classified Listings to promote your own product or service to the lister. We call this 'classified spamming', and it's not cool.

No Top Seller manipulation: If you’re ‘in-trade’ you’ll likely be familiar with our Top Seller programme. We have eligibility criteria for a reason and manipulating your circumstances in order to meet these criteria is not acceptable. For example, placing feedback about yourself or manipulating your sell-through rate.

Keep it onsite: You agree not to (a)use the Services or the Site to promote Items or services for sale outside of the Services; (b) complete a transaction, that started on Trade Me, outside of the Trade Me process; or (c) seek to avoid our success fees or our process. For the same reason, you mustn’t list your contact details anywhere (e.g. in the Listing description, questions and answers, feedback, Member profile or Trade Me message boards), other than in the relevant fields provided during the listing process.

Kev’s translation: Be responsible, reasonable and honest, and act lawfully. Don’t try to avoid our fees, scrape our site, shill-bid or spam people – our members hate it, so we’ll enforce this.

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3.4   You give us a right to use your content for our Services

You confirm that you either own or have permission to use all of the content that you post and upload when using our Services. For example: any photos, data, information, Listing descriptions and other content (“your content”). To protect your images, we’ll watermark any images you upload to a Listing with your username and our logo.

You retain ownership of your content and nothing in these Terms is intended to claim ownership of your content or to restrict your ability to use your own content. To help us provide and improve our Services though, we need you to give us some permissions in relation to that content, which we set out below.

You give us a licence or right to use your content so we can improve and provide our Services. Lawyers refer to this as an intellectual property licence under which you grant a non-exclusive, transferable, sublicensable, royalty-free, and worldwide licence to us, to use, store, display, reproduce, modify, distribute, create derivative works, and save your content in any manner and on any media or platform to promote, improve and provide our Services. This means, for example, that if you list an Item for sale, you give us permission to store, copy, use and share that Listing (including any photos). This licence continues even if you stop using our Services. You confirm that you have the right to grant this licence to us.

The following examples don’t cover all the ways we may use your content, but are intended as helpful examples: We may use the content by displaying it on a third-party website to promote the Listing while it’s live (free advertising – awesome!). We may store the Listing so that we can help you re-list it in the future if it did not sell. Our Trust & Safety team may use your Listing as an example on our Trust & Safety blog as part of their mission to make Trade Me the safest online marketplace for Kiwis. We may use the content for marketing purposes, or we may store and use the content for our own internal purposes, to help us improve our Services.We won't use your trade marks or logos without your express permission.

Kev’s translation: If you post or upload any content to Trade Me, you give us permission to use it. We may retain copies of your listings even after you delete your membership. Our licence doesn’t affect your own rights to your content.

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4.   Listing and Selling

4.1   Our fees

4.2   Your advertised prices must include GST and you’re responsible for your taxes (for the most part)

4.3   Keep it honest, legal, relevant and use our Services as intended

4.4   Comply with our policies

4.5   Respond to our reasonable requests

4.6   We work to ensure our marketplace is stocked with relevant goods

4.1   Our fees

Our current fees are explained on our fees page. You’ll be able to review and accept any fees before you list, and must pay them when they’re due. By using our Services, you agree to pay our fees.

Some of our Services (such as our Classified Listings or our feature products) have set fees that are not success fees. These fees will be charged at the time the Listing is created, and aren’t refundable.

We may change our fees. We’ll notify you about fee changes, usually by site announcement, and we’ll generally give you two weeks’ notice. If we introduce a new Service, the fees for that Service are effective at the time the new Service is launched. If you want to know what our current fees are at any time, just visit our fees page.

From time to time we may offer special or promotional deals (“promos”) on certain goods, such as a discount on the normal success fees, or the chance to list without any success fees applying. When we offer these promos, the success fee discount terms will apply along with any other terms advertised in connection with the special.

We understand that sometimes when an Auction is won it doesn’t always mean the transaction is completed. In these circumstances we’re usually happy to refund any success fee by crediting your Trade Me account via our refund process. If we need to, we may contact you or other Members about a success fee refund request that we’ve received.

If you’re a New Zealand resident, all of our fees are inclusive of GST (if any), unless we clearly express our fees as excluding GST. If you’re not a New Zealand resident, all fees do not include GST. You can access and print GST receipts from your My Trade Me page.

Kev’s translation: Any fees will be clear before you purchase – please pay them on time.

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4.2   Your advertised prices must include GST and you’re responsible for your taxes (for the most part)

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). 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.

In limited circumstances where a buyer is an Australian resident and purchases an Item, we take care of the GST. Similarly, the New Zealand government is planning changes to GST law and when that change is made we’ll make some changes for goods purchased from international Sellers. Watch this space.

Kev’s translation: Your price must include GST and you need to be upfront about any customs duties that may apply.

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4.3 Keep it honest, legal, relevant and use our Services as intended

Be clear and upfront: All Listings must be accurate, current, complete and include all relevant information and the key terms. For example, a Listing on Trade Me Marketplace must include an honest description of the Item, the terms of sale, payment terms, shipping methods and who bears the cost of shipping. You agree to only list Items that are in your possession, unless we have approved otherwise in writing.

Keep it legal:Your Listing must comply with all laws. For example: (a) you must have the right to create the Listing, e.g. don’t list Items that you don’t own or where ownership is disputed, such as a relationship property dispute; (b) the Listing must be accurate and not misleading, which includes ensuring no material information is left out; (c) in terms of Trade Me Marketplace, Trade Me Motors and our Services Category, it must be legal to offer the service or sell the Item, and any Items must meet any relevant safety standards; and (d) your Listing must not breach any legal requirement, e.g. all jobs Listings must comply with the Human Rights Act and all other relevant employment law.

Keep it relevant: Keyword spamming to manipulate search results is not allowed.

Use as intended: Each of our Services and Listing options have a clear function or purpose. For example, the purpose of a Classified Listing for a vehicle is to enable a Seller to offer one specific vehicle for sale, and to choose who to sell that vehicle to, and at what price. You must use our Services for their intended purpose and must not misuse them in order to avoid our fees, advertise your business or manipulate search results. Our Listing Policy provides more detail and specific examples on how our Services should be used and what behaviour is and is not OK. If you’re ever in doubt about how to use our Services, feel free to get in touch.

Kev’s translation: List only what you can sell or offer, and be upfront and honest.

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4.4   Comply with our policies

Specific terms: We have a number of listing policies and other specific terms that govern how and what you can list on Trade Me. For example, we have a list of Items that are banned or restricted, terms about in-trade disclosure, a specific job listing policy, and many more. Please check them out before listing.

Auctions: 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 must not advertise your Item through another forum. If you remove a Listing for an Auction you’ll incur a non-refundable withdrawal fee, regardless of the reason. You must sell to the highest bidder if the reserve price is met, or to someone who has bought using ‘Buy Now’. You must only sell to a bidder who isn’t the highest bidder after reasonable attempts have been made to contact the winning bidder without success. You agree to your email address being provided to the buyer when your Auction closes.

Classifieds: If you create a Classified Listing, you may choose to discuss with any enquirer, or offer or sell to any buyer, at your discretion.

Delivery or pick-up: You must promptly ship, post or deliver a sold Item to the successful buyer, or arrange pick-up with the successful buyer, when payment has been made. Unless you and the buyer agree otherwise, you are responsible for ensuring the Item arrives in the condition as described in the Listing.

Kev’s translation: Check out our policies and Specific Terms before listing on Trade Me, including the terms above for Auctions, Classifieds and delivery.

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4.5   Respond to our reasonable requests

We may contact you to request further information about your Listings, if we need to. For example, we may ask you to provide some proof that an Item is in your possession, or that an Item meets any relevant safety standards or laws.

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4.6   We work to ensure our marketplace is stocked with relevant goods

We want our marketplace to be stocked with relevant goods, that there is Member demand for and we may cap your number of listings or suspend sellers to help achieve this. For example, we may suspend Sellers whose sell-through rate is too low.

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5.     Buying

5.1   Bidding and buying

5.2   Our payment products and Buyer Protection

5.3   Afterpay

5.4   Paying by credit card

5.5   Restricted pages

5.1   Bidding and buying

You should only place a bid if you intend to buy the Item at the price entered. Remember, placing the winning bid creates a legal contract between you and the Seller where you agree to complete the trade.

If you place the winning bid, we’ll provide your email to the Seller so the transaction can go ahead. We may also provide your delivery address, if you’ve provided it. We’ll notify you that your bid has been successful, and you should promptly pay the purchase price (plus any agreed shipping) and complete the transaction in the manner specified in the Listing.

If you don’t pay for an Item that you’ve agreed to purchase (whether you have won an Auction or agreed through a Classified listing), and the Seller complains to us, we may step-in. We’ll exercise our discretion at the time and depending on the situation, we may issue you a warning, or we may suspend or terminate your membership including without giving you any prior warning.

When you place a bid, your username and the amount of your bid will be publicly shown on the Listing.

Kev’s translation: Don’t be a time waster. We’ll share some of your details to facilitate a transaction.

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5.2   Our payment products and Buyer Protection

If you buy or sell using Ping, Pay Now or Afterpay, our Buyer Protection Policyapplies. If you use one of these payment methods to purchase an Item, and wish to request a chargeback from your card issuer or bank, instead of seeking a refund under our Buyer Protection Policy, you should let us know and (subject to the specific terms of the relevant payment method) try to resolve the issue with the Seller first.

Kev’s translation: Our Buyer Protection Policy applies if you use certain payment products.

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5.3   Afterpay

If you wish to purchase an Item using Afterpay, you’ll need to agree to Afterpay’s terms. You can also check out our help page if you have any questions about Afterpay.

Because Afterpay involves paying for something over time, there are specific terms for processing refunds to allow for when the full purchase price has not yet been paid. If you purchase an Item with Afterpay and seek a refund from the Seller within 120 days of purchase, the Seller will only provide a refund to you via Afterpay rather than directly to you (as you may not have made all your repayments to Afterpay). Where this is the case, Afterpay will transfer the refund to you in accordance with Afterpay’s terms, taking into account the repayments you have made.

Kev’s translation: If you purchase using Afterpay, Afterpay’s terms apply.

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5.4   Paying by credit card

While we help facilitate payment for some Items by credit card, we simply pass on payments made by one Member to another and we aren’t involved in the transaction itself. Sellers are responsible for any refunds.

We have systems in place to reduce the risk of credit card fraud, but we’re not responsible for protecting you from credit card fraud. Our fraud protection systems may block legitimate credit card payments from time-to-time. We understand this can be frustrating but hope you’ll understand that the cause is worthwhile. If we block your legitimate credit card payment, you’ll need to pay by other means.

Kev’s translation: Credit card fraud sucks and we work to reduce it onsite.

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5.5   Restricted pages and Items

Certain pages on our Site have specific age restrictions. You agree to comply with those restrictions and not visit these pages, or purchase Items from these categories, unless you’re old enough. For example, you must only access the Adult category if you are at least 18 years old.

We allow the sale of certain age restricted Items on our Site, and we’ll often detail those restrictions on our banned and restricted list. You agree to comply with all legal age restrictions when using our Services. For example, you must not use Trade Me to sell spray cans to any person under 18 years, and if you’re under 18 you mustn’t use Trade Me to purchase any spray cans.

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6.   Feedback

Feedback is provided to facilitate trading between Members, and helps us to ensure a great experience for all Members.

We take feedback seriously and we hope you do too. The feedback you provide on other Members must not contain offensive, defamatory or retaliatory language or content. What’s ‘offensive’? We mean anything we find offensive, in our opinion. If in doubt, check out our feedback policy for guidance. We’ll remove any infringing feedback that we become aware of, but we hope that you’ll be considerate and constructive.

Any feedback should relate to the specific transaction and not any other transaction.

Kev’s translation: Keep your feedback factual and family-friendly. If we have to step in, you probably haven't and you’ll need to accept how we then proceed.

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7.   Using the message board

We provide a message board for our Members to use. We do have some restrictions on use, for example the message board is not to be used to promote Auctions, websites or any commercial activity.

We don’t screen messages before they are posted on the message board, and we aren’t responsible for any of the messages or opinions expressed. By posting a message to the message board you agree that you’re fully responsible and liable for your comments, including if those comments are offensive, defamatory or breach the Harmful Digital Communications Act 2015.

If we become aware of any harmful, offensive or otherwise unacceptable messages, we’ll take appropriate action.

Kev’s translation: The message board is a great way for the Trade Me community to communicate, as long as that communication is not harmful or offensive. It’s not a place meant for commercial use.

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8.   Resolving problems

8.1   Disputes with a trade or another Member

8.2   Disputes with us or our Services

8.3   Our Services and system may not always be available

8.4   Our liability to you is limited

8.5   We have broad rights and remedies if our terms are breached

8.6   You agree to hold us harmless in the event you cause us loss

8.1   Disputes with a trade or another Member

You agree to try to resolve any disputes you have with other Members directly with them.

We do try to offer help and information where we can, especially if our Buyer Protection or Seller Protection policies apply, but please keep in mind that we’re not a party in any transaction between you and another Member, and there’s only so much we can do.

Because we care about our Members’ privacy, if you’re taking a dispute with another Member to the Disputes Tribunal or other tribunal or committee, we’ll only release that Member’s details if you sign a statutory declaration. We can provide you with a statutory declaration form if you need one. See our privacy policy for more information.

Kev's translation: Try and resolve disputes direct with the other member involved. We care about our members’ experiences, so we’ll offer help where we can.

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8.2   Disputes with us or our Service

If you have a dispute with us, please get in touch and we’ll try to resolve it informally. If we need to contact you about a dispute, we’ll use the last email address you gave us or any other reasonable method. If we haven’t been able to resolve a dispute informally, either party can look to resolve a dispute or seek any remedy available through any legal method available.

In case a dispute comes up regarding a financial service we offer, Trade Me is a member of the Financial Dispute Resolution Service. You can find out more about this on our help page or the FDRS site. We also have a dedicated team within Trust & Safety who you can get in touch with about any financial service dispute.

The Commerce Commission is responsible for enforcing a number of consumer laws, including the Fair Trading Act (which prohibits false and misleading behaviour). If you have a complaint about Trade Me being misleading, you can refer it to the Commission.

The Advertising Standards Authority is a self-regulating body for the advertising industry, dedicated to ensuring advertising is socially responsible, truthful, and not misleading. If you have concerns about any Trade Me advertising, you can submit these to the ASA.

Trade Me is proudly Kiwi and these Terms are governed by the laws of New Zealand. If there’s a dispute, it will be resolved in New Zealand.

Kev’s translation: Please contact us if you have a dispute with us, we’ll try our best to sort it out. If we can’t come to a resolution, we’re of course each free to pursue our other options and we’ve listed a few for you.

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8.3   Our Services and system may not always be available

We work hard to ensure the security and performance of our Services but we don’t guarantee that our Services will be 100% secure, uninterrupted or error-free. We provide our Services on an ‘as is’ basis, without any warranty of any kind. That means your use of our Services is at your own risk. It also means that we exclude and disclaim all implied warranties, to the extent that we legally can, such as fitness for purpose, merchantability and non-infringement.

If you are using our Services for a personal purpose, then nothing in our Terms limits any consumers’ legal rights that may not be waived or limited by contract.

Any information or advice that we may give you regarding or during your use of our Services is also subject to the disclaimers in these Terms and won’t create any warranty that isn’t expressly given in these Terms.

Kev’s translation: We work hard to provide the best Service we can for you, but we can’t promise it will be perfect all of the time.

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8.4   Our liability to you is limited

To the maximum extent permitted by law, you assume full responsibility for any loss or damage that results from your use of the Site and Services. We won’t be liable to you or any other person in connection with the Services, this Site, your use of the Services or Site, or another Member’s acts or omissions, whether for negligence, breach of contract, breach of statutory duty or otherwise. We won’t be liable for anything that is outside of our reasonable control. We won’t be liable for any loss or damage, whether direct or indirect. For example, we won’t be liable for loss of profits, loss of business or anticipated savings, general or special damages, or consequential or incidental loss.

Kev’s translation: We’re not liable to you for various things, for example if something outside of our control goes wrong. You are responsible for your use of our Services, including any loss or damage that results from that use.

We’re not a party in any transactions between Members

As mentioned in clause 1.1 of these Terms, other than providing our Site as a venue, we don’t take any part in the sale or purchase of Items on our Site, nor are we involved with the provision of Member Services. All transactions and other contact between you and other Members is entirely at your risk.

That means that we aren’t liable or responsible for:

  1. any Member Services that are offered or provided;
  2. the safety,quality or legality of any Items or Member Services that are listed on the Site, or the accuracy or truth of any Listings;
  3. any guarantees or assurances that a Seller has made regarding a Member Service or Item they have listed, including any implied warranties.

 

Plus it means that we give no guarantee or warranty:

  1. that any Item or Member Service listed on our Site will meet your requirements or expectations;
  2. in relation to Items listed or sold on the Site; or
  3. that any information posted on our Site, including feedback, is error-free or reliable.

In any transaction, your relationship is with the other Member, not with Trade Me (for the most part).

We’re not responsible for Member conduct on our Site

We don’t control our Members (and wouldn’t want to, that’s creepy!), nor do we pre-screen every Listing, feedback or other communication before it’s posted on our Site. Because of this, we take no responsibility for any misconduct of our Members. For example, we are not liable if:

  1. a Member has registered under false pretences or has attempted to defraud you;
  2. a Listing is inaccurate or untrue, or if the Seller doesn’t have the right to sell the Item to you (e.g. if they don’t own the Item);
  3. a buyer fails to complete a transaction, including where they pay (or have tried to pay) by credit card.

Despite this, we may be able to assist you through some of our policies such as our Buyer Protection policy and our Seller Protection programme.

Kev’s translation: we don’t control you or any of our other Members, so we aren’t responsible for your conduct, or theirs.

We’re not an auctioneer

Even though we refer to some of the Services as an Auction, we are not an auctioneer under the Auctioneers Act 2013.

Other advertising on Trade Me

Responsibility for the content of advertisements appearing on our Site (including links to advertisers' own websites) rests solely with the advertisers. The placement of these ads on our Site doesn’t mean that we endorse or recommend the product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.

Kev’s translation: We have ads for third-party products and services on our Site, and offer links to that content. We hope their content is great, but we’re not responsible when it’s not.

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8.5   We have broad rights and remedies if our terms are breached

Without limiting any other rights and remedies available to Trade Me, we may limit your activities on the Site, 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 (and your affiliates), if you breach our Terms, or where we consider it appropriate.

If we don’t immediately take action on a breach of these Terms, that doesn’t mean we’re giving up any rights to do so and we can take action later.

Kev’s translation: There is a range of things we may do if you breach these Terms, or if we believe your conduct is harmful to the Trade Me community.

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8.6   You agree to hold us harmless in the event you cause us loss

You agree to indemnify us and hold us harmless against any claim made by yourself or any third party that is in any way related to: (a) your access to or use of our Service; (b) your failure to complete a transaction; (c) your sale or attempted sale of an Item prohibited under clause 4.2.3; (d) your breach of these Terms; or (e) any content or Item that you submit, post, transmit or make available through our Services. Your indemnity under this clause covers all losses, damages or expenses (including legal costs) that we may suffer or incur.

Kev’s translation: If we incur a cost because of your use of our Services, or because of something you have done, you agree to cover those costs.

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9.   About our Terms

9.1   Our Terms cover our Services and include Specific Terms

9.2   How to read our Terms

9.3   We can change our Terms on notice

9.1   The Terms cover our Services and include Specific Terms

These terms, our privacy policyand all terms and policies posted on our Site govern your use of our Services, and are the Terms that we offer our Services to you. Please read them carefully.

The Terms make up the entire agreement between us in relation to our Services and apply instead of any prior version of any of the Terms.  Where there’s a conflict between these Terms and any Specific Terms, the Specific Terms will take priority to the extent of the conflict.

By browsing our Site, using our Services or registering as a Member of Trade Me you’re agreeing to these Terms. If you don’t accept our Terms, you must immediately stop using our Services or browsing our Site.

Kev’s translation: These are our terms and they apply when you use Trade Me.

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9.2   How to read our Terms

Headings are provided only to make these Terms easier to read and understand. The fact that we wrote these Terms won’t affect their interpretation.

We have provided examples in these Terms to help explain what we mean. Where we have provided examples, or where we say ‘includes’ or ‘including’, the examples given may not be all possible examples.

If it turns out that part of these Terms aren’t enforceable, then that part will be removed or edited as little as possible, and the rest of the Terms will continue to apply.

Some words used in these Terms have special meanings. We have set these out below:

Auctions include Listings with a 'Buy Now' only price.

Classified(s) and Classified Listing(s) includes Listings that are not Auctions, that Sellers can use to advertise Items, services, properties or jobs.

Item(s) means goods, including vehicles,that may be bought or sold through the Auction or Classified process.

Listing means a listing on the Site through which you offer, negotiate, buy, sell or advertise any Item, property, service or job, whether by Auction or Classified.

Member means a registered member of Trade Me.

Member Service(s) means a trade or other service that has been advertised by a Member in the services category on our Site.

Seller includes any person placing a Listing for the sale of an Item.

Services means any one or more of the services offered by Trade Me or Trade Me's wholly owned subsidiaries, from time to time, including online Auctions, Classifieds, the message board, advertising and any other service that Trade Me may offer.

Site means any Trade Me website or application through which the Services are offered.

Specific Terms means any other terms, conditions or policies which apply to your use of our Services and that are posted on our Site or otherwise communicated to or agreed with you in writing.

Terms means these terms and conditions, our privacy policyand all terms and policiesposted on our site.

We, us, our and Trade Me are a reference to Trade Me Limited.

You and your are a reference to you.

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9.3   We can change our Terms on notice

We may update these Terms from time to time by a site announcement, or other notice.  For significant changes we may notify you directly via email. Occasionally urgent changes may be required, but we’ll generally give you at least two weeks’ notice to give you an opportunity to review the changes before they go into effect. Once any updated Terms are in effect, you’ll be bound by them if you continue to use our Services. If you don’t agree to any updated Terms, you must stop using our Services.

We encourage you to view this page from time to time for the latest Terms.

Kev’s translation: If we’re making major changes to these terms, we’ll let you know directly, and in advance. If you’re unhappy with the new terms, you’ll need to stop using Trade Me.

Nice one, you made it to the end! Still have questions? Check out our Help Centre or get in touch with our Customer Support team, by phone or email and they’ll do their best to help you.

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