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Jun 19, 2013 21:50:54
Terms & Conditions
|TERMS AND CONDITIONS |
Welcome to bid4it.co.nz,
The easy way to sell.
Online Auction and Classified site.
Use of this Web site constitutes acceptance of the Bid4it Terms & Conditions. You accept and agree to be bound by the Terms & Conditions set out below.
1. The terms and conditions set out below are the terms on which bid4it Auctions offers you access to the bid4it site. By registering as a member of bid4it you accept these terms and conditions.
2. These terms and conditions may be updated . Amendments will be effective upon notification on this web site.
These terms and conditions were last updated 30th June 2004.
3. DESCRIPTION OF BID4IT SERVICES
Bid4it acts as a venue for Sellers to list Items and Buyers to bid on Items. Bid4it is not involved in the actual transactions between Buyers and Sellers and assume no responsibility for actions made based on information or services on Bid4it .In the event that any parties using our Site, including Sellers, Buyers and Bidders, have a dispute, the Company (including our officers, directors, agents, affiliates, and employees) is not liable for any claims, demands and damages arising out of or in any way connected with such disputes. The information published on the Site may include inaccuracies or errors. While the Company strives to keep the information on the Site accurate, complete and up-to-date, the Company can not guarantee, and will not be responsible for any damage or loss related to the accuracy, completeness or timeliness of the information. Such information is provided without warranty of any kind. In no event shall the Company (and our officers, directors, agents, affiliates, and employees) be liable for any claims, demands and damages arising out of or in any way connected with the use of the Site, the delay or inability to use the Site, or any information or services obtained from the Site.
4. Transactions are conducted entirely at your own risk. You agree that Bid4it Auctions takes no responsibility for any misconduct of any of its members. including members that have registered under false pretences or any attempts by members to defraud other members. bid4it Auctions gives no warranties as to the content, safety, description or legality of the items that are listed on the site.
Once a party becomes a Member of the Site, the Member will select a user name and a password. Members are entirely responsible for maintaining the confidentiality of their user names and passwords. Furthermore, Members are entirely responsible for any and all activities, which occur under a Member's ID and password. Member agrees to immediately notify "Bid4it Auctions" of any unauthorized use of Member's ID or any other breach of security known to a Member.
5.BUYER AND SELLER CONTRACT OBLIGATIONS
All Members are third party beneficiaries of these Terms & Conditions, and Buyers and Sellers shall be entitled to enforce the provisions hereof and may pursue legal action against each other for non-performance of any provision hereof, including without limitation, non-performance of a purchase and sale after a completed bidding process. In addition, Bid4it retains the right to terminate a Member's rights to use the Site in the event a Member violates these Terms & Conditions. All Assets are listed and sold on the Site on an "as is" basis. Bidders are required to conduct any research or due diligence of an asset that they wish to conduct prior to making a bid. After the online bidding is complete, unless otherwise indicated/engaged, Buyers are responsible for taking all necessary actions to complete the sale once a Winning Bid notice is given to Buyer. Bid4it retains the rights to terminate a Buyer's rights to use the Site in the event a Buyer fails to perform its obligations to settle on a completed auction.
BINDING CONTRACT BETWEEN BUYER AND SELLER
A bid made by a Buyer is an offer to purchase the asset from the Seller at the stated bid price. The bid is an irrevocable offer, subject only to material changes in the description of an asset made after such bid is placed by a Buyer. Buyers are required to conduct any research or due diligence of an asset prior to making a bid . All Assets are listed and sold on an "as is" basis. If a Buyer bids on an asset and that bid represents the highest bid for that asset, and the highest bid is at or above the Seller's minimum and/or reserve price (whichever is higher), the Buyer's bid is deemed accepted by the Seller (subject to these Terms & Conditions, including the right of a Buyer to change or retract a bid in the event of a material change in the description of the Asset, as set forth below), except for an exceptional circumstance, such as a typographical error. Once a Buyer's bid is accepted by the Seller, the Buyer is obligated to purchase the asset at the price he/she offered and pursuant to these Terms & Conditions and the Seller's conditions of sale. If a Seller receives at least one bid at or above the Seller's stated minimum price (or in the case where the Seller has set a reserve price, at or above the reserve price), the Seller is obligated to complete the transaction with the highest Bidder
OTHER RESPONSIBILITIES OF SELLERS
Description of Assets. Sellers must accurately describe Assets in a listing provided for inclusion on the Site and shall be liable for any misstatements or omissions in such description. Failure to accurately describe an Asset could be fraudulent and could subject a Seller to civil and/or criminal liability, as well as being in violation of these Terms & Conditions. Bid4it retains the right to terminate a Seller's rights to use the Site in the event a Seller includes material misstatements or omissions in an Asset's description. Prior to listing an Asset, Sellers shall provide to Bid4it any terms or conditions of sale for particular Assets in addition to these Terms & Conditions. Sellers are responsible for complying with all applicable local, state, federal, or foreign laws, rules, regulations and legal approvals regarding the sale of any Assets. Sellers are also solely responsible for ensuring that all items offered for sale are offered in full compliance with any applicable legal limitations or restrictions.
6. Becoming a Member: Becoming a member is free and there are no restrictions on who may become a member of Bid4it Auctions The services provided by Bid4it are not available to individuals under the age of 18 years old and any other individuals who are legally prohibited from, or otherwise incapable of, entering into binding contracts.
All listings, bids made through Bid4it Auctions shall be made in good faith. Any feedback you provide on other members will be truthful, and non offensive.
You will only enter listings (classifieds and auctions) that are accurate, truthful and complete .
You will only place listings for items that exist and are to be sold and you will NOT list items that you are not legally entitled to sell. This web site is not made available for sales involving illegal or illicit items, sales that are prohibited by law, sales of offensive items , sales of stolen items, sales of items which infringe copyright or other intellectual property rights, You agree to indemnify us against any liability which we may incur to a third party arising out of the sale or listing of items by you.
Bid4it Auctions auctions may be used by individuals OR businesses, so long as the auctions represent items that may be bought or sold through the auction process.
For classifieds, you may choose to sell to any buyer at your discretion.
The sale of films, videos, DVDs, VCDs and laser disks is covered by the
Films, Videos and Publications Classification Act 1993. It is 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. If any publication was sold, and deemed to be
objectionable and where the seller knew the publication was objectionable,
the maximum penalty consists of 10 year's imprisonment per publication.
Therefore, when listing these items for sale, you must include within your
listing, the New Zealand classification rating and all information on the
Listings are not pre-screened for content. Bid4it Auctions reserves the right to remove any listings that it see's unsuitable.
Your user name and the amount of your bid will be publicly shown for the duration of the auction.
Any listing fees are charged at the time of listing and are not refundable. Credits on accounts with Bid4it Auctions are not transferable between members.
Bid4it Auctions reserves the right to change the fees charged for any of our services.
Members may query fees with Bid4it Auctions by written letter sent by post to 271 Clarks Beach Rd Waiau Pa RD 4 Pukekohe or by fax to 64-9-2320126 only. Email requests will be considered.
Bid4it Auctions maintains credit accounts, allowing members to use advanced listing options and pay for auction fees. Bid4it Auctions accounts may not be used for the payment of items sold using the Bid4it Auctions services.
Members who request their memberships be terminated may be refunded the balance of any credit account, Promotional giveaways of Bid4it Auctions credits, bonus credits, or any free credits gifted to the member on registration will not be refunded.
If you do not use the Bid4it Auction website for a period of 12 months (one year), any unused balance on your account will be considered forfeit. Bid4it Auctions will attempt to contact you via your registered email address to inform you of your account forfeiture.
Bid4it Auctions will not take part in the resolution of disputes that arise between members. Disputes should be resolved between the parties in dispute.
9. Bid4it Auctions provides Message Boards for the use of Bid4it Auctions members. Bid4it Auctions is not responsible for any of the opinions expressed in the Message Boards . By posting a message to the message board you agree to take full legal responsibility. and indemnify us against any liability which we may incur to a third party arising out of your use of the message boards.
10. Governing Law: These terms and conditions are governed by the laws of New Zealand.
11. Access to this web site may be terminated at any time by us without notice.
You can only sell items in your possession that you have the right to sell.
Below is a list of items which you are not allowed to sell on Bid4it Auctions and Classifieds:
? Note: Bid4it reserves the right to remove other items that are not on this list if they are considered offensive or are in breach of our terms and conditions.
You may not sell alcohol of any nature on the site. The Sale of Liquor Act 1989 states that the sale of liquor to the public or any member of the public requires a licence.
Backup or copied software, CDRs or DVDRs
Members are not permitted to list CDRs, DVDRs, or other forms of recordable media unless they are blank. This policy includes but is not limited to copies of software programs, video games, music albums, movies, electronic books, television programs, or images.
Copyrighted items and content
You must not sell items or include content which breaches any copyright or other intellectual property rights. This includes replicas and look-alikes. As a seller it is your responsibility to ensure the items you sell and the content of your listing are not in breach of any intellectual property rights.
You may not list fireworks for sale on the site. We are unable to guarantee that anyone selling fireworks on the site is legally able to do so.
Frequent flyer points
You may not sell frequent flyer points on the site. Most frequent flyer reward schemes do not allow the transferring of points between members.
Human bodies or body parts
You may not list a human body or body parts for sale on the site. This includes such items as sperm, eggs, excrement, and bone.
You may not sell weapons where they are purely intended for attack purposes. This includes but is not limited to: flick knives, butterfly knives, ninja stars, and knuckle-dusters.
Original Equipment Manufacturer software (OEM)
You may not sell Original Equipment Manufacturer software (OEM) on the site as it is only for distribution with computer packages and cannot be resold.
Police uniforms and accessories
You may not sell New Zealand Police uniforms on the site. The sale or trading of Police uniform is in contravention of section 51 of the Police Act.
You may not list recreational drugs (herbal or chemical) on the site.
You may not sell tobacco on the site. The advertisement and sale of tobacco based products contravenes the Smoke Free Environment Act of 1990
You can only sell items in your possession that you have the right to sell.
Below is a list of items which you can sell but are Restricted on Bid4it Auctions:
Note: Bid4it reserves the right to remove other items that are not on this list if they are considered offensive or are in breach of our terms and conditions.
You may only list adult rated content (videos, magazines, DVDs, etc) on the www.Adultauctions.co.nz site, this is run in conjunction with the Bid4it site, you can access the site by clicking ADULT SECTION R18 from the Bid4it category selection.
You may not use explicit language or descriptions. If a profane word is in an item?s official title, blank out the word with asterisks. For example: s**t.
You may not sell any endangered species, protected wildlife, sports fish, game or unwanted animals (eg ferret?s). Selling these animals, their body parts or eggs can result in fines or imprisonment. It is your responsibility to make sure you are not selling these items. If in doubt contact the Department of conservation.
You may not sell snails, whales, sharks, dolphins, seals, sea lions or indigenous birds (or parts thereof). If you want to sell fish you should first take advice from the Ministry of Fisheries.
The sale and export of NZ artefacts and antiquities is covered by the Antiquities Act 1975. To remove an antiquity from New Zealand, the owner must obtain permission from the Ministry for Culture and Heritage. It is an offence to sell New Zealand artefacts to people other than registered collectors, public museums and licensed dealers. For further information please see http://mch.govt.nz/antiquities/.
You may only list "A" category firearms, in sporting configuration, as defined by the Arms Act 1983. You are not permitted to sell firearms that require additional license endorsements to purchase.
Those trading firearms or ammunition face to face should ensure that they sight the firearms license of the person they are trading with.
Those trading firearms or ammunition remotely should ensure that they sight a written order, signed by a Police officer, stating that they have inspected the purchaser's firearms licence.
You may only sell firearms that are already in New Zealand. Overseas members may not sell firearms on the site.
Hang gliders and Para gliders
Gliders must have a new Warrant of Fitness before they are sold. WOF?s can only be issued by the NZHGPA.
A pilot of a hang glider/paraglider must be a bona fide member of a (CAA approved) hang gliding organisation and hold a hang glider pilot certificate, please ensure the buyer is aware of this when selling.
For more information on aviation rules specific to hang gliders and Para gliders visit www.caa.govt.nz (Ref: Part106) and www.nzhgpa.org.nz (ref:OPM).
Made to order items
You may list items that are 'made to order' in the following circumstances:
? You are in possession of the materials to make the goods.
? The goods will be shipped within one week of the auctions close.
? The auction is for a specific item, although the winning bidder may chose between simple things such as colour. For example: "You are bidding on one purse. Choose from - blue, red or white.
You may only list films, videos, DVDs and laser disks for sale if they carry the correct New Zealand classification sticker. When listing these items for sale, you must include the New Zealand classification rating and all information on the classification label.
The sale of films, videos, DVDs, VCDs and laser disks is covered by the Films, Videos and Publications Classification Act 1993. It is an offence to sell any of these items if they have not been examined and classified by the appropriate agencies.
For more information on classification labels, censorship or selling films in New Zealand visit the Office of Film and Literature Classification website.
Radio transmitters or transceivers
All radio transmitters or transceivers listed for sale must comply with New Zealand licensing and compliance regulations. If you own or operate a non-compliant transmitter you may incur a fine and/or legal action may be taken. Check your compliance requirements and licensing requirements.
If you have any further queries please contact Radio Spectrum Management on 0508 RSM INFO.
**Examples of radio transmitters and transceivers are handheld transceivers, wireless cameras, wireless microphones, wireless alarms, wireless keyboards and mice, radio controlled cars, etc.
If you are unsure of whether or not you are allowed to list an item please contact us firstname.lastname@example.org