Terms and Conditions

Definition of words

Member refers to a registered member that is a Buyer and/or Seller.
Site means the website.
Service means any service Kiwibidz provides that is not prohibited from being advertised.
Items refers to any items that are advertised on the website, including but not limited to property and motor vehicles.
Buyer is a registered member who has offered to purchase or transact with a Seller.
Seller is a registered member who has advertised any items, service or vacancies on the website.
We, us and our refers to Kiwibidz Limited.
You and your refers to you.
User means any user of the website.
Listing refers to a member advertising an item(s) with a description and photos in a selected category for sale on the website.

Kiwibidz member agreement

By using the Kiwibidz service or accessing the Kiwibidz website, you are agreeing to all the terms and conditions of this agreement and all relevant Kiwibidz policies.

Kiwibidz service

Provided that you comply at all times with the terms of this service, Kiwibidz will provide you with an online service to buy and sell and other networking service or devices over the internet and mobile phone, and/or as a downloadable application.
Your right to use the service is limited in scope, revocable, personal, non-transferable and non-exclusive. The services consists of the ability to register a personal account online at the site and have your online listing(s) sent to other members computer and/or mobile phone.

Acceptable use

By registering for this service you are agreeing to become a member of Kiwibidz and will use this service only for the purpose of buying, selling, searching and communicating with other members for yourself.
This service is not to be used to send unsolicited text messages, emails or to promote any products or service of any kind.
You agree to treat all members or people you meet and/or communicate with through the service in a respectful and lawful manner. If a member wishes to block dealing with certain members or expresses a desire not to communicate, you agree to honor and respect those wishes.
An individual is only allowed to have one account regardless of the number of computers or phones he or she may have.

Requirements to use the service

To access the service, you must have internet access, an email address and a mobile phone. The mobile phone is optional but must be able to access the internet.
You must be over eighteen (18) years of age to use the service.

Account sign-up and usage

When you sign up for the Kiwibidz service at the site, you will choose a username and password in order to complete the registration process.
We recommend that members become verified to prove they are serious about trading. Becoming verified is simple, all you need to do is credit your account. This can be done by credit card or debit card or bank transfer. Verification costs just $1. The verification fee is waivered if you credit your account with $10 or over.
Kiwibidz does not retain any credit card information, the information is held securely by DPS Payment Express NZ.
You are responsible for maintaining the confidentiality of your username and password and you are fully responsible for all activities that occur under your username and password.
You agree to immediately notify us of any unauthorised use of your username and/or password or any other breach of security. You agree to exit from your account at the end of each website and mobile phone session and to keep your phone securely in your possession at all times.
You may not register twice or use more than one username and one password when you access or use the service.
Sharing your username and password with anyone else is a violation of this agreement and if at any time we learn that you have given others access to your username and password, we reserve the right to terminate your access to the service immediately and without notice.
Usernames and passwords are the property of Kiwibidz and we may alter or replace them at any time. You acknowledge that we reserve the right to suspend or remove accounts that are inactive for an extended period of time.
Kiwibidz will deduct listing fees from your account as and when required. All listing fees are in New Zealand dollars and include GST.
The sum of all positive prepaid accounts is recognised as a liability until Kiwibidz either recognises revenue under the circumstances below, or refunds the members account balance.
Income is recognised as:
Members having their prepaid accounts charged for Kiwibidz service.
Members forfeit balances by closing their accounts or by being terminated by Kiwibidz.
Other fees are charged to members in accordance with Kiwibidz terms and conditions.
Member accounts are solely for the purpose of listing on the site and listing fees will be deducted from member accounts accordingly.
Member accounts that are in credit for whatever period do not have entitlement to any interest. We will maintain member accounts at our expense under the terms and conditions and we reserve the right to retain any interest earned to help cover the administration costs of operating the website and service.
Members cannot use their account for the payment of an item(s) they have bought using the service.
A negative account balance is required to be settled immediately.
Should a member default to settle a negative account balance, you are liable for all reasonable expenses (including legal fees) incurred by us to recover the debt.
If a member has not logged into Kiwibidz for a period of 18 months we will endeavour to email the member requesting you to login into your account if you wish to maintain the account and username. If we do not receive a reply or there has been no login after 5 days the account will be removed and any funds in the account will forfeit to us to cover administration costs.
Kiwibidz provides credit accounts for each member and from which members must pay fees for services used, including payments in advance for listings.
Kiwibidz provides an electronic statement for members, which contains the balance and a statement for the past transactions for up to 36 months. The member is responsible for accessing and saving this information. We do not provide any notifications or additional accounting for these service.
Kiwibidz will send you emails relating to your membership, transactions and other activities on the Website. We may also send regular marketing messages to our members via the site, email, or by native messaging capabilities of your device. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.

Sellers obligations

Your listings must be truthful, existing and complete. Include all relevant and necessary information about the terms of sale, payment terms, shipping method and who accepts the cost of shipment.
Sellers are required to read and understand which items are banned from advertising on the site and understand that selling items that are restricted must meet specific conditions before being listing on this site.
All prices must be in New Zealand dollars and include GST in the total price. The exception is for property for sale or lease, which may include or exclude GST, however this must be clearly stated in the listing. All tax obligations are the responsibility of the seller and/or the buyer.
You can only list an item in one category and this must be the most appropriate category for your item.
You must not list items that you do not legally own, are entitled to, or are not in your possession. In the case of vehicles that are offshore or in transit to New Zealand you have to be a registered motor vehicle dealer and hold clear authority before you can list. You must accurately state in the listing that the vehicles are offshore or in transit.
General item listings are not permitted to display phone numbers, email addresses or website addresses.
Listing land for sale must be located within the geographical and legal borders of New Zealand.
You cannot list anything that is illegal, offensive (including anything of a pornographic, defamatory, racially or ethnically objectionable nature), stolen, or unsafe, anything which infringes copyright or other intellectual property rights, items which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any item of which the sale is prohibited by, or violates any law. You agree that we may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this term. Members are responsible for ensuring that their listings do not breach this.
When you list an auction on Kiwibidz you must do so with the intention of selling the item. If bidding has started and you decide to withdraw the listing you will be charged the withdrawal fee, this also applies if you have removed bids. If your auction has no bids you will not be charged a withdrawal fee.
You are not permitted to list anything that is speculative including, but not limited to, ponzi and pyramid or similar schemes.
Should a member identify a stolen item(s) listed on the site, you must report this matter to the NZ Police immediately. It is a criminal offence to sell stolen goods, if any such goods are listed on the site and brought to our attention we will withdraw the advert(s) immediately and the membership will be terminated, no exceptions.
If you run an auction you must sell to the highest bidder when the reserve price is met. You can only sell to another bidder who was not the highest bidder after reasonable attempts have been made to contact the winning bidder without success.
Classified listings may sell to any buyer at your discretion.
You are not permitted to influence prices through phantom bidding or assuming aliases in order to promote or raise the value of your sale.
Adult rated content of a sexual nature must be listed in the appropriate R-18 Adult category. Sellers must read and understand the restrictions relating to the content and images when listing.
We make every effort to screen for inappropriate content, and we reserve the right to remove any listing that is deemed unsuitable or in breach of the terms and conditions. Members are responsible for ensuring that their listing content and images abide by the terms and conditions set by us.
When the seller has sold an item in the ‘General Items’ category we will deduct the set listing fee from the sellers account. The seller must ensure their account is always in credit and can cover any fees incurred.
Should a buyer renege on payment for an item they have bought and this forces the seller to relist the item we will credit back to the sellers account the advertising fee. It is the responsibility of the seller to report these matters to us. The buyer will receive a warning and the seller is entitled to place a negative feedback about the buyer.
You approve that your email address will be supplied to the successful buyer when your items have sold.
To ensure you receive good feedback, you must promptly forward the sold item to the successful buyer on completion of the transaction.
You must not charge unfair amounts for shipping and packaging and you must confirm the full and final cost with the buyer prior to sending the item. You must also allow the buyer to make his or her own arrangements for shipping if requested, however this must not delay the buyer making payment for the item.
When shipping items to the buyer, you must make sure the item you are shipping is packed suitably. It’s the seller’s responsibility to ensure that the item arrives at the designation safe and undamaged. If an item arrives damaged the seller is obligated to resolve the matter quickly and amicably with the buyer.
Selling firearms and ammunition on the site is within the provisions of the Arms Act 1983. It is an offence to sell by mail order, a firearm or any ammunition for a firearm, unless you have a written order signed by the purchaser or a bearing endorsement signed by a member of the NZ Police stating that the NZ Police have inspected the buyers firearms license and is a fit and proper person to purchase that firearm or ammunition. Sellers must sight the firearms license of the Buyer, or for remote sales must receive written confirmation signed by the NZ Police confirming the Buyer holds a valid firearm's license. You can only list "A" category firearms, in sporting configuration, as defined by the Arms Act 1983. You cannot sell firearms that require additional license endorsements to purchase or large capacity magazines. You may only sell firearms that are currently in New Zealand. Overseas members are not permitted to buy or sell firearms on the site. Please note: Our policy is one (1) firearm per listing.
Selling films, videos, DVDs, VCDs and laser disks is covered by the Films, Videos and Publications Classification Act 1993. It’s an offence to sell any of these items if they have not been examined and classified by the appropriate agencies. The offence carries a maximum penalty of $3,000 per publication. Should any publication be sold and deemed to be objectionable and where the seller knew the publication was objectionable, the maximum penalty consists of 10 year's imprisonment per publication. To avoid prosecution you must include within your listing the New Zealand classification rating and all information on the classification label.
Motor vehicle dealers selling vehicles online by auction are required to attach the Consumer Information Notice (CIN), in a prominent and clear position in your photo and provide the CIN to the successful buyer. Should you sell six or more vehicles within 12 months, you are likely to be a motor vehicle trader and therefore must be registered. For more information visit the Motor Vehicle Traders Register website. If you are selling a vehicle on Kiwibidz you are responsible for making sure that the motor vehicle is free of any security interest. If there is a security interest on the vehicle you must disclose this in the listing.
Kiwibidz is determined to provide members with the best possible online experience and service, therefore we reserve the right to remove listings, suspend or terminate any member who abuses the integrity of this service.

Buyers obligations

When you make a bid, you have legally entered into a contract with the seller. If you are notified that your bid has won the auction you must complete the transaction and you must make full and prompt payment.
You accept that your username and the amount of your bid will be displayed on the website. You also accept that your email address is being supplied to the seller when you win an auction.
If a buyer’s bid is successful but doesn’t pay for the item and this causes the seller to lay a complaint, the buyer will receive a formal warning from us. If the member continues on a trend of non-payment for items won, we may suspend or terminate the membership.
Bids are not retractable once the auction has closed. Only place a bid if you intend to buy the item at the bid price entered.
Family members, friends, flatmates or any other members personally known to you are not permitted to bid on auctions that are listed in order to inflate the price of the auction.
If an item you bought arrives damaged or is faulty for whatever reason, it is your responsibility to make sure you take a photo of the faulty package and item in its original form at the time of arrival. It is the buyer’s responsibility to contact the seller immediately and the photo of the damaged item will help you resolve the matter quickly with the seller.
If the buyer is not satisfied with the item purchased due to it arriving damaged or the item was not as described in the listing, the seller will work cooperatively with the buyer to mutually resolve the matter. If the buyer is seeking a refund or replacement the buyer agrees to return the item to the seller in its original form and packaging. The cost of returning the item must be mutually agreed upon between both parties.
Buyer beware applies. As a buyer on the site you are entirely responsible for making sure that you have thoroughly checked the item(s) you intend to purchase and that they are exactly what you require. If you have not dealt with a particular seller before or they are new to Kiwibidz, it is up to you to carry out checks on the seller by asking them key questions about the item(s) they are selling and by reading their feedback history. Kiwibidz accepts no liability or responsibility for any purchases done through our service or site.

Becoming a Kiwibidz Shop

A Shop is a service on the site where businesses can sell their products and receive exclusive benefits.
There are no contracts, no percentage success fees, no high volume turnover fees, no setup costs or monthly fees.
To operate a Kiwibidz Shop you must be a verified member by crediting your Kiwibidz account with funds.
Shops have the benefit and exclusivity of purchasing Volume Discount Packs for Vehicles, Real Estate and Jobs at much cheaper prices. Please note: There are no Volume Discount Packs for General items and purchasing discount packs are non-refundable and non-transferable.
Running a Shop entitles you to operate a branded webpage on the Kiwibidz site and lets you display a company logo and banner on the webpage.
To set up a Shop simply register as a Kiwibidz Shop on the site. Before you can list items you must fill in the Kiwibidz Shop Validation Form and provide all the mandatory required information this includes providing identification. Shop approval is done in normal business hours (Mon-Fri) and can take up to 24 hours to process. The form can be faxed or emailed to us and once a Shop application has been approved we will notify you by email.
A Shop must always maintain a minimum of ten (10) listings at all times. Failing to observe the minimum listing requirement could result in the Shop being suspended or terminated.
Shops are not permitted to list multiple listings of identical items, every listing must have a point of difference i.e. colour, shape, model. Listing identical items is only permitted by using the stock quantity field when listing a general item.
Shops must comply with the Consumers Guarantees Act. You need to provide a 30 day warranty on all items sold. You are required to act in good faith and expediently when resolving any customer dissatisfaction or disputes.
Kiwibidz reserves the right to suspend or terminate a Shop without prior notice for including but not limited to frequent member complaints and or dissatisfaction, unlawful activities and breaching any of our Terms of Service.
Shops are not eligible for entry in Kiwibidz prize draws or competitions except for competitions that pertain to the advertising and marketing of the Kiwibidz brand.
If a Shop is inactive on the site for more than 30 days we reserve the right to suspend or terminate the Shop and any listings without prior notice.

Awesome auctions

If you think you have got an awesome product and it deserves to be treated as special then simply tick the Awesome Auction box at the time of listing. Your listing will be sent to our Awesome Auctions Team and they will evaluate the listing, this process can take up to 48 hours before your listing goes live. The same process applies if your listing is not selected. By requesting an Awesome Auction we have the right to change the main title/headline if required. Awesome Auctions are only applicable to listing an auction.

Auto extending auctions

Kiwibidz reserves the right to auto extend auctions. If a bid is placed in the final 2 minutes the auction will extend the closing time by 2 minutes from the time the bid was placed. Auctions will only close if there are no bids for 2 minutes.

Member feedback

To help members better understand who they are dealing with and whether another member has a good track record or not, you can check a members’ feedback history.
After a sales transaction, the seller and buyer can post their comments relating to a sales process. This can only be done once.
You must always act in good faith and post fair and accurate comments, we do not tolerate malicious or inaccurate feedback. If we are notified of such events we will carry out an investigation and take the appropriate action by removing the feedback and/or at our discretion we may terminate the membership of the offender.

Verified member

To become a verified member you need to open an account with your credit card and credit a minimum of $1 (one dollar). By opening a credit card account it proves that you are serious about using the site and service. Kiwibidz does not retain any credit card information, this information is held securely by DPS Payment Express NZ.

Location data

When you download and install our mobile phone application, you agree to share your location with Kiwibidz on a continuous and periodic basis. The location may be used to measure your proximity to allow relevant notifications to be sent to your mobile phone.
We will never share your exact location, mobile phone number or email address with another user. Any decision to share your exact location, your mobile phone or email address is your decision and as such you understand and agree that we take no responsibility for your decision to share such data.

Credit cards, pricing and payment

Kiwibidz reserves the right to change the pricing plan at any time.
Topping up your account can be done by direct credit or by the preferred option via credit card payment.
All amounts are in NZ dollars and include GST.
Members can view their account balance by going to their My Kiwibidz.

Terms of service and other policies

Your use of the service is governed at all times by our terms of service and privacy policy, as well as any other policies that may be promulgated by us. Please review and confirm your agreement to our terms of service and privacy policy, which are incorporated into this agreement by this reference.
You agree to permit us or our representatives to access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or any other unauthorised use of the service.
Kiwibidz reserves the right to terminate your account immediately, with or without notice to you and without liability, if we believe that you have violated this agreement, any of the terms of service or any other policy, furnished us with false or misleading information or interfered with use of the service by other users. We further reserve the right to terminate any accounts that have been inactive for an extended period at our discretion. We may also modify, suspend or discontinue the services at any time, with or without notice, and without liability to you or any other user or any third party.

Unacceptable conduct

You agree to not use the service to:
Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
Impersonate any person or entity, including, but not limited to, a Kiwibidz official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the service;
Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available;
Make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
Make available any unsolicited or unauthorised advertising, promotional or any other form of solicitation, except in those areas that are designated for such purpose;
Make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Intentionally or unintentionally violate any applicable local, regional, national or international law;
Interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the services;
"Stalk" or otherwise harass another;
Or store personal data about other users.
Kiwibidz reserves the right to terminate any member account, transmission or other distribution of any such material using the service and if applicable delete any such material from our servers. We reserve the right to decline, register or terminate your membership without entering into further discussions with you. Without limiting the foregoing, we may terminate your membership if a serious complaint or multiple complaints are received about you from other members.
Kiwibidz does not actively monitor the content or use of the service under normal circumstances. We may review our registration information to ensure that new members conform to the terms of this agreement. We may remove, block, filter, or restrict by any other means any materials that is in our sole discretion, may be illegal, may subject us to liability or may violate this agreement. Kiwibidz intends to cooperate fully with law enforcement officials or agencies in the investigation of any violation of these terms of service or any applicable laws. By using the services or the site, you release Kiwibidz from any liability stemming from Kiwibidz cooperation with law enforcement officials and agencies.

Content

You are solely responsible for your content, messages, double-blind emails, text messages, photos, images and any communication that you publish or display on the service, or transmit to other members.
You will not post on the service, or transmit to other members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity)
You will not provide inaccurate, misleading or false information to us or to any other member. If information is provided to us or another member, subsequently becomes inaccurate, misleading or false, you will promptly notify us of any such change.
By posting content on the site you automatically grant, represent and warrant that you have the right to grant to Kiwibidz, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify, crop and distribute such information and content on the site, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorise sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by Kiwibidz will not infringe or violate the rights of any third party

Restrictions on use of the site and the service

You are prohibited from violating or attempting to violate any security features of the service, including, without limitation:
Accessing content or data not intended for you, or logging onto a server or account that you are not authorised to access.
Attempting to probe, scan or test the vulnerability of the service, the site or any associated system or network, or to breach security or authentication measures without proper authorisation.
Interfering or attempting to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the site or services, overloading, "flooding", "spamming", "mail bombing" or "crashing",
Using the site or service to send unsolicited email, including, without limitation, promotions or advertisements for products or services.
Forging any TCP/IP packet header or any part of the header information in any email or in any posting using the service, attempting to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human perceivable form any of the source codes used by Kiwibidz in providing the site or service.
Using a personal account for high volume or commercial use (e.g. revenue generation, advertising, etc).
Or resell the service. You further acknowledge that Kiwibidz may establish general practices and limits concerning excessive use of the service. Any violation of system or network security may subject you to civil and/or criminal liability. You agree that Kiwibidz has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the service. You acknowledge that Kiwibidz reserves the right to change its general practices and limits at any time, in its sole discretion, with or without notice.
Kiwibidz takes any one or more of the following actions, or other actions not listed, at Kiwibidz's is sole discretion in response to violations of Kiwibidz policies:
Issue warnings: written or verbal.
Suspend your account.
Terminate your account.
Bill you for administrative costs.
Or bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.

Service maintenance and monitoring

Kiwibidz has no obligation to monitor the service, but may do so and disclose information regarding use of the services. For any reason if Kiwibidz, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the services properly; or protect itself and its users or services providers.
From time to time Kiwibidz may be required to interrupt the service for maintenance and other operational reasons and you shall not receive any compensation or refund for such interruptions.

Termination

Should Kiwibidz terminate your membership we may or may not provide you with a termination notice. Kiwibidz, in its sole discretion, may choose to exclude you from the service either for any adverse behaviour the company believes you have engaged in or any adverse behaviour the company believes you might engage in. In this case no refunds will be paid by Kiwibidz for the termination of your account, for whatever reason.
Kiwibidz may terminate this agreement, your account or your use of the service, for any reason, without refund, including, without limitation, if Kiwibidz, in its sole discretion, believes you have violated this agreement, terms of service, or any other Kiwibidz policies.

Warranty disclaimer

Because of situations beyond the control of Kiwibidz, we do not guarantee that the site and it’s service will be available to you or that messages which are intended to be sent and delivered are sent and/or delivered.
Kiwibidz does not guarantee the safety or integrity of any system connected to its network. This includes, but is not limited to, virus and/or Trojan software infestation of said machine(s), hacker activity, natural or man-made disasters, power outage, unlawful negligence and exposure of confidential information and data.

Links

The service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Kiwibidz has no control over such sites and resources you acknowledge and agree that Kiwibidz is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
You further acknowledge and agree that Kiwibidz 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 use of or reliance on any such content, goods or service available on or through any such sites or resource.

Indemnity

You agree to indemnify, defend and hold Kiwibidz harmless, its affiliates, officers, directors, employees, consultants, agents and representatives from any and all third party claims, losses, liability, damages and/or costs (including reasonable lawyers' fees and costs) arising from your use of the service, your violation of the terms of acceptable use or your infringement, or infringement by any other user of your account of any intellectual property or other right of any person or entity.
Terms of service will inure to the benefit of Kiwibidz successors, assignors and licensees.

Ownership of the site and service

Kiwibidz owns all rights, titles and interests in and to the site and service, the site and all portions thereof. The name ‘Kiwibidz’ and the tag-line ‘your online market place' its graphics, brand, copy and everything pertaining to the site is copyrighted and the name ‘Kiwibidz’ and the tag-line ‘your online marketplace’ is trademarked.
The name ‘Kiwibidz’ and ‘your online marketplace’ are registered Trademarks.
Nothing provided by the service or contained on the site should be understood as granting you a license to use any of the trademarks, services, graphics, copy, colour schemes or logos owned by Kiwibidz.
You may not without our prior written permission, in any form or by any means: Adapt, reproduce, copy, store, distribute, print, display, perform, publish, electronically send or create derivative works from any part of the site; or commercialise, copy or sell any information, or items obtained from any part of the site.

General terms

The terms of service shall be construed in accordance with and governed by the laws of New Zealand, without reference to its rules regarding conflicts of law.
Should a court of competent jurisdiction find any term or condition to be unenforceable for any reason, that term or condition shall be severed from the remaining terms of service which shall continue in full force effect.
No waiver of any breach of any provision of this agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorised representative of the waiving party.
The service is controlled, owned and operated by Kiwibidz.
This agreement, including the Kiwibidz terms of acceptable use, the Kiwibidz privacy policy and any and all other online policies promulgated by Kiwibidz Limited, constitutes the entire agreement between Kiwibidz and you (the member) with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.

Competitions and promotions

The competition or promotion rules (‘the rules’) applies to all Kiwibidz competitions and/or promotions (collectively ‘the Promotion’) conducted by means of any medium – radio, television, print, website, telephone or computer. These rules may change from time to time at the discretion of Kiwibidz.
If a particular promotion has specific rules or terms those specific rules or terms will apply if there is any inconsistency with the rules.
Unless otherwise, (stated in the above) specific rules or terms, registration, entry or vote is limited to one (1) per member account.
Entry into the promotion is deemed to be acceptance of the rules and confirmation that the entrant has the necessary authority (for example; the Kiwibidz account holder and or the owner of the mobile phone number associated with the account) to enter the promotion.
The promotion is open only for individual members who are New Zealand residents only. Kiwibidz Shop (businesses) members are not eligible to enter competitions and/or be randomly selected for prize draws.
Disqualified participants may not enter in the promotion.
Kiwibidz reserves the right to exclude any person from participating in the promotion on reasonable grounds.
Kiwibidz reserves the right to award any prize to an entrant who Kiwibidz decides (in its sole discretion) has violated the rules, gained an unfair advantage in participating in the promotion or won using fraudulent means.
By participating, entrants grant Kiwibidz exclusive permission to use their names, characters, photographs, voices and likeness in connection with the promotion and for future promotions and marketing purposes and waive any claims to royalty, right or remuneration for such use.
All entrant personal details must be valid and up to date, entrant personal details will be held by Kiwibidz and may be used for the purpose of the promotion and for future promotions and marketing purposes in accordance with Kiwibidz Privacy Policy (see our privacy policy on the website).
Personal information provided at the time of membership registration is presumed to be true and accurate.
Only the person who originally entered the promotion can be awarded the prize (‘the winner’).
The Winner will be determined in the manner set out in the promotion terms and conditions – if not specified then will be determined by Kiwibidz who shall for this purpose be deemed the Judge.
The Judge’s determination of the winner will be final and no correspondence will be entered into.
The winner will be notified by email and/or phone and must be available for the preparation of all publicity that may be required by Kiwibidz. Where attempts to contact the winner fail (e.g. when the winner cannot be contacted by phone after three attempts and/or email sent is returned) the Judge will select another winner. If, after successful notification and the prize has not been collected within one month of being announced, it will be regarded as forfeit. (Note: Three (3) attempts to contact will include individual calls to any numbers provided at the time of entry.
The prize is not redeemable for cash or transferable. No other family members, friends, office associates or any other person will be able to participate on the winner’s behalf. In the event that the prize specified in the promotion becomes unavailable for any reason Kiwibidz may substitute a prize of like or equal value.
Where the winner is required to claim the prize in person they must provide proper identification (e.g. driver’s license, passport, birth certificate).
The winner takes the prize entirely at his/her own risk and indemnifies Kiwibidz in respect of any claim for any accident, injury, property damage or loss of life that may occur in connection with the prize. The winner is responsible for any costs that may be associated with the prize.
Kiwibidz reserves the right to amend, vary, extend or discontinue a promotion at any stage, for any reason.
Kiwibidz takes no responsibility for any inability to enter, complete, continue or conclude the promotion, due to equipment or technical malfunction, busy lines, inadvertent disconnection, texts with a misspelt keyword, texts to an incorrect shortcode, computer and web server malfunctions, natural disasters and/or anything that is deemed outside of Kiwibidz’s control.
Kiwibidz will not be liable for any loss or damage whatsoever, (including but not limited to direct or consequential loss) or for personal injury as a result of promotion entry or winning the promotion prize.
Where the prize is to be supplied by an entity outside Kiwibidz’s control and that entity fails, for whatever reason, to supply the prize, Kiwibidz have no responsibility for the provision of the prize and is not obliged to provide an alternative prize or to take legal action to require the prize supplier to provide the prize.
Participation in the Promotion is deemed acceptance of these terms and conditions.
‘Disqualified participants’ are: (a) all Kiwibidz employees and their immediate family members, all employees of participating sponsors or promoters and/or advertising agencies and their Immediate families; (b) all people under the age of 18 years (c) all people who have previously won (d) ‘immediate families’ include spouses, grandparents, parents, children, and grandchildren whether by marriage, past marriages, remarriage, adoption, co-habitation or other family extension. (e) All business, clubs, charities and organizations.
‘Lucky Buyer’ monthly prize draw entry is limited to individual members registered on the Kiwibidz site. To be eligible for entry in the draw you’ll need to purchase an item on the site from the General Items category only (categories excluded: jobs, property, vehicles, pets & livestock). With every successful purchase made on the site the member receives one entry into the prize draw, more items you buy the more entries you’ll receive to increase your chance of winning. The prize draw runs for the calendar month and a winner is drawn at the end of second week of the month following. A winner is randomly selected using a computer software program and this is carried out under the strict supervision by Kiwibidz management. The computer generated winner will be final and no correspondence will be entered into. Kiwibidz Shops are excluded from the prize draw. All entries are submitted in the prize draw by Kiwibidz in good faith and you acknowledge and accept the terms and conditions. If you do not wish to participate in the monthly prize draws you can contact us and we will ensure that you are excluded.

Other

Kiwibidz may, in its sole discretion and without prior notice revise any of its terms and conditions of this agreement, including any online policy such as the terms of service:
Revise its prices and any other charges.
Change the service at any time.
Kiwibidz will post any such changes to the site and any changes will be effective immediately upon such posting.
You agree to review this agreement and the online policies as posted on the site periodically to be aware of any changes.
You agree that, by continuing to use the service following notice of any changes, you agree to abide by any such changes.
If you are dissatisfied with the service or any related terms and conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service and close your account.

Using Kiwibidz's community communications

Kiwibidz community is a friendly place intended for discussions about buying and selling. It's necessary for members to abide by the rules in order to participate within the community.
Treat others with respect at all times. Insulting, harassing, abusing or attacking other users will not be tolerated.
Posting religious and political topics are not permitted.
Users are not allowed to promote any personal ventures or schemes.
Revealing personal information and/or other peoples’ personal information is prohibited. It's important for us to keep our members’ details safe.
Racist, vulgar, obscene, discriminatory, homophobic language or images are strictly prohibited.
Avoid attaching advertising and chain letters.
Promoting any illegal activity is prohibited.
Do not respond to or comment on posts that break these rules, even if your intentions are good. You can contribute by reporting the post to Kiwibidz.
Kiwibidz reserves the right to remove any posts without prior notice. Members in breach of these rules could have their account terminated.

Contact us

Email questions and comments and we'll get back to you as soon as we can: help@Kiwibidz.co.nz

Report abuse

Is someone doing something they shouldn't be doing… Tell us: abuse@Kiwibidz.co.nz
Kiwibidz will endeavour and make every effort to ensure the site is trustworthy and that members abide by the terms of service. We rely on the Kiwibidz community to assist us in maintaining a safe and responsible service and it’s up to members to report to us anything that is in breach of the terms of service.
Should a member suspect or identify stolen items advertised on the site you must immediately contact the NZ Police and Kiwibidz.

Harassment problems

If you are being harassed by a member you must inform us.

Suggestions

We try to make the site an enjoyable experience and as easy as possible to use. If you can think of anything that will improve the site, let us know. We’re also interested in your ideas about what we could introduce that will improve the experience of Kiwibidz.
Suggestions are welcome: help@Kiwibidz.co.nz

Shipping items

Kiwibidz has made it easy for members to find out how much an item will cost to ship before you decide to purchase an item. Appearing on every advert is a link to Fastway Couriers for items up to 25kgs and Mainfreight for items 25kgs and over. You can get an instant quote/estimate for the item and you can arrange the pick-up or delivery through either provider.

Membership

Joining Kiwibidz free, just fill in the registration form.

Closing your account

Kiwibidz credits to your account are not legal tender and can only be used on the Kiwibidz website. If you have funded your account with cash this is used first when paying for Kiwibidz services. They cannot be used to pay for goods you have purchased through the website.

 
Kiwibidz Limited reserves the right to review or make changes to its policies without prior notice.