Terms & Conditions

Acceptance of terms and conditions: 

The terms and conditions are the terms on which TradeAv Limited offers you access to the Services and the Website. By registering as a member of TradeAv you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Services. 

 

TERMS AND CONDITIONS

 

TradeAv Limited reserves the right to make any changes to our Terms of Use and/or our Privacy Policy as we deem necessary or desirable without notice to the End User. By using this Website, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein.

These Terms were last updated on 21 July 2017.

1. The terms and conditions are the terms on which TradeAv Limited offers you access to the Services and the Website. By registering as a member of TradeAv you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Services. 

2. Payment Terms at this auction site operated by TradeAv Limited ("TradeAv") are,PAYPAL, VISA, MASTERCARD and AMERICAN EXPRESS CARD,Listings paid by Credit Cards will INCLUDE a 3% Credit card Surcharge Fee. All items brought must be paid IN FULL within Three Business Days of Notification of your winning bid or otherwise agreed with the seller.

3. If you are a New Zealand resident, then all fees are inclusive of GST and in New Zealand dollars unless otherwise stated. If you are not a New Zealand resident, then all fees are, unless otherwise stated, in New Zealand dollars and do not include GST. Unless otherwise stated in these terms and conditions, no interest or other financial charges will be applied to TradeAV account holders. 

4. All sales are final. No refunds, no exchanges, no retraction of bids, and no returns are accepted Unless agreed between the buyer,seller,and Tradeav.All sales and listings must comply with local laws(Please click on the links below to know your rights for New Zealand)

5. All items are subject to withdrawal from preview, from advertising and from auction sale at the sole discretion of TradeAv without any notice at any time.

6. TradeAv reserves the right to reject any bid at any time without reason or explanation.

7. TradeAv shall not be responsible for any accidents occurring on the TradeAv premises. Every person at a TradeAv site, before, during and after a sale shall be deemed to be there at their own risk with notice of the condition of the premises, the activities on the premises, and the conduct of third parties. No person shall have any claim against TradeAv, their agents, employees or principals for any injury sustained or for damages to or loss of property, which may occur from any cause whatsoever.

8. Prospective bidders should inspect the property before bidding to determine its condition, size and whether or not is has been repaired or restored.

9. TradeAv reserves the right to reject any bid. The highest bidder acknowledged by TradeAv shall be the Purchaser. In the event of any dispute between the bidders, or in the event of doubt on TradeAv’s  part as validity of any bid, TradeAv will have the final discretion to determine the successful bidder, cancel the sale, or to re-offer and resell the article in dispute. If any dispute arises after the sale, our sale record is conclusive.

10. All property is sold "AS IS", "WHERE IS" without any representations or warranties by TradeAv or the consignor of the property being sold (the "Consignor") as to merchantability, fitness for a particular purpose, the correctness of any catalogue or other description of the physical condition, size, quality, rarity, importance, medium, provenance, exhibitions, literature or historical relevance of any property and no statement anywhere, whether oral or written, whether made in the catalogue, an advertisement, a bill of sale, a salesroom posting, or announcement, or elsewhere, shall be deemed such a warranty, representation or assumption of liability. Neither TradeAv nor the Consignor make any representations or warranties, express or implied, as to whether the Purchaser acquires any copyrights, including but not limited to any reproduction rights in any property. Neither TradeAv nor the Consignor shall be responsible for errors and omissions on TradeAv website, in any catalogue, glossary or any supplemental material.

11. All items that are offered by auction may be subject to a reserve or opening bid, which is the confidential minimum price acceptable to the Consignors.

12. TradeAv reserves the right to refuse any applicant a bidding card for the privilege of bidding by number at the auction sale and or revoke such privileges at any time.

13. All costs and the responsibility of removal shall be borne by the Purchaser. The Purchaser, if asking TradeAv to assist in the removal of any items, shall indemnify and hold harmless TradeAv, their agents, employees and principals from any damages suffered by the Purchaser resulting from any loss or damage to the item(s) being removed.

14. No sale shall be invalidated by reason of any defect or inaccuracy in any of the lot(s) by reason of their being incorrectly described and no liability shall be borne by TradeAv in respect of any omissions or errors.

15. The Purchaser will not be entitled to possession of any of the said lot(s) purchased until the total purchase price of all the lot(s) have been fully paid. In the event that the Purchaser fails to pay the full purchase price for any lot(s) with the prescribed time, or fails to comply with any of the "Terms of Sale", the Purchaser will be sent to collections and/or shall be subject to a court action for payment without notice.

16. If any applicable conditions herein are not complied with by the Purchaser, the Purchaser shall be in default, and in addition to any and all other remedies available to TradeAv and its agents and Consignors by law, including, without limitation, the right to hold the Purchaser liable for the total purchase price, including all fees, charges and expenses set forth herein, TradeAv, at its sole option, may (i) cancel the sale of that, or any other lot or lots sold to the defaulting Purchaser, or (ii) resell the purchased property, whether at auction or by private sale, or (iii) effect any combination thereof. The Purchaser will be liable for any deficiency, any and all costs, handling charges, late charges, expenses and commissions of both sales, legal fees, and expenses, collection fees, and incidental damages. In addition, a defaulting Purchaser will be deemed to have granted and assigned the deposit money to the auctioneer or its agents and consignors or any of their affiliated companies, and TradeAv may retain and apply such money as collateral security for the obligations due. In addition to other remedies available to TradeAv by law, all unpaid items will be subject to a non-refundable service charge of 25% of the bid price.

17. The Purchaser shall be liable for any damage caused by its employees, subcontractors, or agents to Viewbid or any third party. Damages include any injury to persons (including injury resulting in death) or loss of or damage to property (including real property) caused as a result of any act or omission of the Purchaser. The Purchaser must have the proper material handling and safety equipment and transportation to pick up their items. If, in the opinion of TradeAv, the equipment or methods used to remove the items are deemed unsafe,TradeAv may refuse the pickup and withdraw any assistance. 

TERMS & CONDITIONS FOR SELLING AND POSTING 

 

PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY TRADEAV LIMITED. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT http://www.tradeav.co.nz,http://www.tradeav.com (THE “SITE”) AND ALL SERVICES PROVIDED BY TRADEAV ON THE SITE AND ANYWHERE THE SITE IS EMBEDDED.

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.

Our license to you

Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.

TRADEAV is a Venue

TradeAv acts as a venue to allow users who comply with TradeAv policies to offer, sell and buy goods.TradeAv is not directly involved in the transaction between buyers and sellers. As a result,TradeAv has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items.TradeAv does not pre-screen users or the content or information provided by users.TradeAv cannot ensure that a buyer or seller will actually complete a transaction.

Consequently,TradeAv does not transfer legal ownership of items from the seller to the buyer.TradeAv cannot guarantee the true identity, age, and nationality of a user.TradeAv encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.

You agree that TradeAv is a venue and as such is not responsible or liable for any content, including but not limited to: data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on TradeAv. You use the TradeAv service at your own risk.

Membership Eligibility

Registration Required: In order to enter into any arrangement or agreement to either buy or sell items through TradeAv website, the User must register through the www.tradeav.co.nz,www.tradeav.com website. Upon registration, the User agrees to be bound by the Terms and Conditions set forth herein.

Age: TradeAv services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. TradeAv may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions. Individuals under the age of 18 must at all times use TradeAv services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by TradeAv policies as stated in the Agreement and the TradeAv policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by TradeAv, each of which is incorporated herein by reference and each of which may be updated by TradeAv from time to time without notice to you:

           Fees Policy

           Privacy Policy

           Billing Policy

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address.

Right to Refuse Service: TradeAv services are not available to temporarily or indefinitely suspended TradeAv members.TradeAv reserves the right, in TradeAv sole discretion, to cancel unconfirmed or inactive accounts.TradeAv reserves the right to refuse service to anyone, for any reason, at any time.

How long we keep your content: Following termination or deactivation of your account, or if you remove any User Content from TradeAv, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, TradeAv and its users may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through TradeAv.

Fees and Billing

ITEMS LISTED BY MEMBERS OTHER THAN TRADEAV may charge fees for buying an item for sale. Buyer pays a premuim determined by the final purchasing price of the Item purchased, which will be posted in the items lisitngs.

Buyer's Premium

You are responsible for paying all fees and applicable taxes associated with using TradeAV. The buyer must pay the full amount of the item won and the buyers premium if applicable within listing requirements of the posted item for sale, or the account will be considered past due.

Fees and Termination: If TradeAv terminates a listing or your account, if you close your account, or if the payment of your TradeAv fees cannot be completed for any reason, you remain obligated to pay TradeAv for all unpaid fees plus any penalties, if applicable. If the buyer's account is not paid in full and becomes past due, the buyer risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, email admin@tradeav.co.nz

Listing and Selling

Listing an Item By listing an item on the Site, the seller agrees that any transactions or agreements facilitated by the Site must take place via TradeAv.TradeAv reserves the right to investigate any transactions or agreements that have been facilitated via the TradeAv message system or email correspondence which may result in account suspension, deactivation, or penalty fees.Cancelling or ending an item prior to its end date to avoid fees is prohibited and subject to any fees associated with listing the item.

Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with TradeAv published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your listings. Your listings may only include text descriptions, graphics, pictures, video and other content relevant to the sale of that item. All items must be listed in an appropriate category. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.

Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers/Buyers may charge reasonable shipping and handling fees to cover the costs for shipping the items.

Prohibited, Questionable and Infringing Items and Activities

You are solely responsible for your conduct and activities on and regarding to TradeAv included but not limited to: all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on TradeAv.

Restricted Activities: Your Content and your use of TradeAv shall not:

 

  1. Be false, inaccurate or misleading
  2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items
  3. Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
  4. Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
  5. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including TradeAv staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
  6. Be obscene or contain child pornography
  7. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
  8. Host images not part of a listing
  9. Modify, adapt or hack TradeAv or modify another website so as to falsely imply that it is associated with TradeAv.
  10. Appear to create liability for TradeAv or cause TradeAv to lose (in whole or in part) the services of TradeAv ISPs or other suppliers.
  11. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement.

Furthermore, you may not list any item on TradeAv (or consummate any transaction that was initiated using TradeAv service) that, by paying to TradeAv the buying fee or the final value fee, could cause TradeAv to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

Content

License: TradeAv does not claim ownership rights in your Content. You grant TradeAv a license solely to enable TradeAv to use any information or Content you supply TradeAv with, so that TradeAv is not violating any rights you might have in that Content. You grant TradeAv a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow TradeAv to store or re-format your Content on TradeAv and display your Content on TradeAv in any way as TradeAv chooses.TradeAv  will only use personal information in accordance with TradeAv Privacy Policy.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another TradeAv user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for TradeAv-related communications.TradeAv has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any TradeAv user to your email or physical mail list. For more information, see TradeAv Privacy Policy.

Re-Posting Content: By posting Content on TradeAv, it is possible for an outside website or a third party to re-post content without the permission of TradeAv. You agree to hold TradeAv harmless for any dispute concerning this use. If you choose to display your own TradeAv-hosted image on another website, the image must provide a link back to its listing page on TradeAv.

Information Control

TradeAv does not control the Content provided by users that is made available on TradeAv. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretence.

Additionally, there may also be risks dealing with international trade and foreign nationals. By using TradeAv, you agree to accept such risks and that TradeAv(and TradeAv officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on TradeAv. Please use caution, common sense, and practice safe buying and selling when using TradeAv.

Other Resources: TradeAv is not responsible for the availability of outside websites or resources linked to or referenced on the Site.TradeAv does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that TradeAv shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

Resolution of Disputes and Release

In the event a dispute arises between you and TradeAv, please email admin@tradeav.co.nz  Should you have a dispute with one or more users, or an outside party, you release TradeAv (and TradeAv officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. TradeAv encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

TradeAv, for the benefit of users, may try to help users resolve disputes. TradeAv does so in TradeAv sole discretion, and TradeAv has no obligation to resolve disputes between users or between users and outside parties. To the extent that TradeAv attempts to resolve a dispute, TradeAv will do so in good faith based solely on TradeAv policies. TradeAv will not make judgments regarding legal issues or claims.

TradeAv Limited Intellectual Property

TradeAv, and TradeAv graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of TradeAv, in the Canada and or U.S.and or New Zealand and or Australia, and/or other countries.TradeAv trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

Access and Interference

TradeAv may contain robot exclusion headers which contain internal rules for software usage. Much of the information on TradeAv is proprietary or is licensed to TradeAv by TradeAv users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access TradeAv for any purpose whatsoever, except to the extent expressly permitted by TradeAv.

Breach

Without limiting any other remedies,TradeAv Limited may, without notice, and without refunding any fees, delay or immediately remove Content, warn TradeAv community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user.

Privacy

TradeAv will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. An exception to this policy would be complying with legal enforcement agencies that provide valid documentation to obtain such information.TradeAv stores and processes Content on computers located in the United States and Canada that are protected by physical as well as technological security.

Transactions

As a marketplace venue,TradeAv role is to connect buyers with sellers. As a buyer, when you place an order on TradeAv you enter into a transaction with a seller, facilitated by TradeAv. We are committed to providing a positive experience for both parties in every transaction on our marketplace. The following describes and explains our Transactions Policy:

  • Seller lists item for sale.
     
  • Buyer purchases item and pays the seller through an agreed payment method.
     
  • Buyer is responsible for all shipping and handling fees unless stated elsewise in the seller's item listing.  If the seller elects to pay for shipping and handling, options in the listing details will allow them to communicate this with the buyer.  Prior to completing a sale, the buyer will be able to view who is responsible for shipping and handling fees via the item listing details. The final price of the listed item does not include shipping and handling fees. The party responsible for shipping and handling must arrange shipping within 30 calendar days after auction ends unless other terms are agreed upon by both parties.
     

 

A transaction is created when a buyer has completed the checkout process on TradeAv. Both the buyer and the seller are sent an email from TradeAv with information pertaining to the order and a receipt record in their TradeAv account.

TradeAv reserves the right to modify the above payment terms based on the ongoing or established relationship between TradeAv and Seller

In no event shall TradeAv be obligated for storage fees, transportation costs or any other fees, expenses or costs associated with any transaction to the extent the completion of a transaction is beyond TradeAv control in any way.

Buying, Bidding, or inquiring on an item

All transactions facilitated by TradeAv require the buyer to complete the transactions via the Site. Transactions or agreements that take place outside of TradeAv, but faciliated by TradeAv, are subject to fees associated with buying an item.TradeAv reserves the right to investigate all transactions done via the Site and or TradeAv messaging system.  Transactions or agreements on an active listing on TradeAv outside of the provided communication channels are subject to the buyer's premium and account suspension.

Shipping

Buyer and Seller have discretion to use any shipper of their choice. Seller may offer shipping services if the buyer agrees to the terms of shipping.

Receipt of the shipment by the recipient without written notice of damage on the delivery record is prima facie evidence that the shipment was delivered in good condition.

Loading: Unless otherwise agreed to by the Buyer and Seller in writing, the Seller is responsible for the loading of sold Items onto the contracted shipper’s vehicle.

If crating is necessary, the Buyer is normally responsible for arranging and paying for crating services; provided, however, the Seller may offer skidding/crating to the Buyer, and if the Buyer agrees, any subsequent charge assessed by the seller to the buyer.

Delivery: TradeAv does not ship, nor assume responsibility for the shipment of any Items sold on the website. Any issues that arise in the course of shipping an Item are the responsibility of the Seller, Shipper and Buyer.

Handling and loading may be an extra charge and details of those charges will be provided by Seller or carrier prior to shipping. Seller must state additional charges for handling prior to invoicing buyer or forfeit the right to request additional monies.

Transaction concerns or disputes: We hope that your experience on TradeAv is smooth and hassle-free. In the event of a problem with a transaction,TradeAv encourages the buyer and seller to resolve the situation through TradeAv message system. There are two types of issues that a buyer may encounter: 1) a case of “non-delivery” or 2) a case of “item not as described”, as further described below.

Non-delivery: A non-delivery situation arises when a buyer placed an order, arranged shipping, submitted payment, but then did not receive the item.TradeAv encourages a buyer to first contact the seller via the message system to try to resolve the issue. If attempts at resolution are unsuccessful, and if the buyer used authorized payment method to make the purchase, the buyer should file a claim for refund of purchase under authorized payment vendor’s policies.

A seller who fails to ship an item, respond to a non-delivery case or settle a disputed transaction in a reasonable manner may be suspended.

Item not as describedAn item is “not as described” if it is substantially different than explicitly agreed upon or if it is not fit for its intended use.TradeAv encourages a buyer to first contact the seller via the message system to try to resolve the issue. If attempts at resolution are unsuccessful, and if the buyer used an authorized payment vendor to make the purchase, the buyer should file a claim for refund of purchase under authorized payment vendor’s policies.

A seller who ships an item that is not as described, fails to respond to a case or settle a disputed transaction in a reasonable manner may be suspended.

Non-payment: Non-payment occurs when a buyer did not or cannot complete payment after a transaction has been created. The seller may flag a buyer for a payment not received, chargeback, or cancelled payment. The seller may also invoice the buyer in an attempt to collect payment before shipping. Buyers who routinely do not pay for orders may be subject to review, which can result in suspension.

Transaction Cancellation

Sellers agree to complete valid transactions. On occasion, a seller may need to cancel an invalid or void transaction, as defined below. Only the seller in a transaction may cancel the transaction. When applicable,TradeAv will issue a credit to the buyer for fees related to a cancelled transaction. Sellers are encouraged to keep proof of any refunds provided to buyers in the event a dispute arises over a cancellation.

If a buyer would like to cancel an order, the buyer should contact the seller by TradeAv message system to request cancellation.

The seller may not cancel a transaction for the purpose of avoiding fees or reviews.

The seller may cancel an invalid or void transaction, as defined by these circumstances:

  1. The buyer did not pay at the time the transaction was created, according to the transaction agreement or according to the terms in the seller's shop policies.
  2. An authorized payment method was used, AND any of the following additional criteria are met:
  3. Both the buyer and seller agreed to cancel the transaction prior to shipment. If the buyer has already paid, the seller has refunded buyer (price paid for item plus shipping).
  4. The seller has refused service to the buyer. If the buyer has already paid, the seller has refunded the buyer (price paid for item plus shipping).
  5. The buyer paid for the item(s). Although the seller shipped the item(s), the buyer did not receive the item(s). The seller has refunded the buyer (price paid for item at minimum).
  6. The buyer paid, the seller shipped the item, and the buyer received the item. Then the buyer and seller agreed the buyer can return the item to the seller for a refund. The seller has received the returned item, and the seller has refunded the buyer (price paid for item at minimum).

Members who abuse the privilege to cancel transactions may be subject to review, which can result in suspension of account privileges and/or termination. Suspended or terminated members remain obligated to pay TradeAv for all unpaid fees.

No Warranty

TRADEAV,TRADEAV LIMITED SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND TRADEAV SUPPLIERS PROVIDE TRADEAV WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. TRADEAV, TRADEAV LIMITED SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND TRADEAV LIMITED SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM TRADEAV LIMITED SHALL CREATE ANY WARRANTY. SOME PROVINCES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM PROVINCE TO PROVINCE.

Liability Limit

IN NO EVENT SHALL TRADEAV LIMITED, AND (AS APPLICABLE) TRADEAV LIMITED SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR TRADEAV AUCTION SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, TRADEAV SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRADEAV LIMITED SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL TRADEAV AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED NEW ZEALAND DOLLARS (NZD $100.00).

Indemnity

YOU AGREE TO INDEMNIFY AND HOLD TRADEAV LIMITED AND (AS APPLICABLE) TRADEAV LIMITED PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

No Guarantee

TRADEAV Limited does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside TRADEAV Limited control.

Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

No Agency

You and TradeAv Limited are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

TradeAv Limited Service

TradeAv Limited reserves the right to modify or terminate the TradeAv service for any reason, without notice, at any time.TradeAv reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If TradeAv makes a material change TradeAv will notify you here, by email, by means of a notice on our home page, or other places TradeAv deems appropriate. What constitutes a "material change" will be determined at TradeAv sole discretion, in good faith, and using common sense and reasonable judgment.

Contacting Us

If you have any comments or questions, you may send an e-mail To admin@tradeav.co.nz

Arbitration

For any dispute you have with TradeAv Limited, you agree to first contact TradeAv and attempt to resolve the dispute with us informally. If TradeAv has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration Procedures for Consumer Related Disputes , except as provided herein. Unless you and TradeAv agree otherwise, the arbitration will be conducted in the country where TradeAv resides. Each party will be responsible for paying any Court filing, administrative and arbitrator fees in accordance with New Zealand Law. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND PINTEREST ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Law and Jurisdiction

These Terms shall be subject to, governed by and construed under the laws of New Zealand, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a court located in New Zealand, for any actions not subject to Section 10 (Arbitration).Your access to, or use of, the Website or information, materials, products and/or services on the Website may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing the Website.

You hereby consent and waive all objection to the exclusive jurisdiction of the New Zealand and provincial courts in the Country of New Zealand, therein to resolve any controversy or claim of whatever nature arising out of or relating to use of the Website. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.

Our Website is controlled and operated from New Zealand, and we make no representations that they are appropriate or available for use in other locations other than what is stated on TradeAv Limited Website.

Notification Procedures and changes to these Terms.TradeAv Limited reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.

Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TradeAv Limited without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Entire Agreement/Severability. These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with TradeAv Limited in connection with the Products, shall constitute the entire agreement between you and TradeAv Limited concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and TradeAv Limited failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

General

BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREED TO BE BY BOUND THEM. This agreement does not create any agency, partnership, joint venture, employment or franchise relationship.

 

Customer-Consumer Rights and Rule Links

 

www.consumerprotection.govt.nz

www.disputestribunal.govt.nz

www.comcom.govt.nz/

www.privacy.org.nz

http://www.motortraders.govt.nz/cms

www.caa.govt.nz