Terms of Use
IMPORTANT NOTICE RE: UPDATED TERMS OF USE: Effective 1 February 2021, the Services (as defined below) will be provided to you by KiwiAds, which is part of the same corporate family as Yosif Limited, the company currently providing the site to you. KiwiAds will also be the applicable data controller from 1 February 2021.
KiwiAds Terms of Use
1) Introduction. Welcome to www.KiwiAds.co.nz. Thanks for stopping by. These Terms of Use, the Privacy Policy, and all policies posted on our site set out the terms on which we offer you access to and use of our site, services, applications and tools (collectively “Services”). You can find an overview of our policies here . All policies are incorporated into these Terms of Use. You agree to comply with the full Terms of Use when accessing or using our Services. The Terms of Use set out below take effect from 1 February 2021. A copy of the Terms of Use in effect prior to 1 February 2021 can be located here.
2) Your Account. To access and use some of the Services, you may need to register with us and set up an account with your email address and a password (your “Account”). The email address you register with will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that happen under your Account.
You may connect to the Services with a third-party service (e.g., Facebook or Google+) and you give us permission to access, store, and use your information from that service as permitted by that service and as may be described in our Privacy Policy. If you believe your Account has been compromised or misused, contact us immediately at KiwiAds Customer Support.
3) Using KiwiAds. To use the Services, you must be over 16 years old. You agree that you will only post in relation to goods or services in New Zealand in the appropriate category or area and you agree that you will not do any of the following bad things:
- violate any laws or the Posting Rules and Policy;
- post any threatening, abusive, defamatory, obscene or indecent material;
- be false or misleading;
- infringe any third-party right;
- distribute or send communications that contain spam, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm KiwiAds, the Services or the interests or property of KiwiAds users;
- impose an unreasonable load on our infrastructure or interfere with the proper working of the Services;
- copy, modify, or distribute any other person’s content without their consent;
- use any robot spider, scraper or other automated means to access the Services and collect content for any purpose without our express written permission;
- harvest or otherwise collect information about others, including email addresses, without their consent
- bypass measures used to prevent or restrict access to the Services; and/or
- post an ad with the intention to profit from a natural disaster, health or public safety concern, or tragic event.
4) Abusing KiwiAds Services. KiwiAds and the KiwiAds community work together to keep the Services working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system. You are solely responsible for all information that you give to KiwiAds and any consequences that may result from your posts. We can at our discretion refuse, delete or take down content that we think is inappropriate or breaching these Terms of Use. We also can at our discretion restrict a user’s usage of the Services either temporarily or permanently, or refuse a user’s registration. Without limiting other remedies, we may issue warnings, limit or terminate our Services, remove hosted content and take technical and legal steps to keep users off the Services if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we take any of these steps, we don’t accept any liability for monitoring the Services or for unauthorized or unlawful content on the Services or use of the Services by users. You also accept that KiwiAds is not under any obligation to monitor any data or content which is submitted to or available on the Services.
5) Fees and Services. Using the Services is generally free. We may sometimes charge a fee for certain features or Services. If the feature you use incurs a fee, you will be able to review and accept that charge before purchase. If you choose to pause an ad at any stage, any features you have applied to your ad will not be paused. Our fees are quoted in New Zealand Dollars, and we may sometimes change them. We’ll notify you of changes to our fees by posting the changes on the site. We may sometimes temporarily change our fees for testing purposes, promotional events or new features, these changes take effect from the time the price change is posted to the site. Our fees are non-refundable after the feature is supplied. New Zealand taxes associated with our Services will be collected where applicable. You agree to provide accurate information necessary for KiwiAds to comply with our obligations under applicable law. You are solely responsible for collecting and remitting any applicable taxes resulting from the sale of your items or services listed on KiwiAds’s Services.
6) Content. KiwiAds’s Services contain content from us, you, and other users. KiwiAds is protected by copyright laws and international treaties. Content displayed on or via the Services is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute the Services or modify content from the Services, our trademarks or copyrights without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in the Services. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of the Services (other than your own content). When you give us content, including pictures, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future, including third party sites and applications. You also waive all moral rights you have in the content to the fullest extent permitted by law. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or the rights of any other party.
7) Third Party services on KiwiAds. You may use the PayPal payment gateway for some financial transactions on our Services. When you link your PayPal account to your Account, you can use your PayPal account to pay or be paid for items by buyers or sellers while using KiwiAds’s Services. You acknowledge and agree that by utilising any third party services through our Services (such as PayPal), you are bound by the terms and conditions of that third party and we are not liable for any loss, claims or damages howsoever arising in connection with that third party’s services.
If you to link your PayPal account to your Account you appoint KiwiAds as your limited agent to:
a. provide to PayPal your name, address, payment amount, item details, item category, and all other information required by PayPal to enable PayPal to process payments to or from your PayPal account; and
b. receive payment confirmation and decline notices from PayPal in respect of your PayPal payment transactions.
When you link your PayPal account to your Account, we accept our appointment as your limited agent to undertake those activities specified in the paragraph above. Our appointment as your agent to undertake these activities terminates immediately upon your Account ceasing to be linked to your PayPal account.
If you have a dispute with PayPal, a buyer, or a seller, that does not arise directly as a result of an error by KiwiAds, in respect of any payment transacted (or failed to be transacted) on your PayPal Account, you release us and our affiliates (and our officers, directors, agents, subsidiaries, joint ventures and employees and those of our affiliates) from any and all claims demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
KiwiAds is not able to access your complete financial details from PayPal or your PayPal account. At no time does KiwiAds hold any of the funds when a buyer pays a seller using PayPal. Funds are transferred directly by PayPal from the buyer’s PayPal account to the seller’s PayPal account after the deduction by PayPal of any relevant PayPal fees. PayPal's terms and conditions apply to your use of PayPal when you access PayPal’s services from our Services, and you must agree to PayPal’s terms and conditions in order to use the PayPal’s services. You acknowledge and agree that, to the extent permitted by law, we are not liable to you for any loss or damage you incur arising from your use of the PayPal method, unless such loss or damage was as a direct result of KiwiAds’s error, in which case our liability is limited in accordance with clause 9.
8) Legal and Financial Advice. You acknowledge and agree that you have the opportunity to obtain independent legal and financial advice from appropriately qualified professional advisers and that you take into account your personal objectives, financial situation and needs before buying or selling an item via our Services.
You acknowledge and agree that the information provided by KiwiAds in relation to using PayPal’s services is factual in nature only and KiwiAds has not provided a recommendation or statement of opinion intended to influence your decision on whether or not to use PayPal’s services and that you cannot rely on any of KiwiAds’s advertising materials, terms, instructions or policies as a recommendation, statement of opinion or financial product advice.
9) Limitation of Liability. Nothing in these Terms of Use (including this clause 9) excludes, restricts or modifies any rights or statutory guarantees that you may have under applicable laws that cannot be excluded, restricted or modified, including any such rights or statutory guarantees under the New Zealand Consumer Law.
To the extent that these Terms of Use are found to exclude, restrict or modify any such rights or statutory guarantees, those rights and/or statutory guarantees prevail to the extent of the inconsistency.
Services are provided “as is” and “as available”. You agree not to hold us responsible for things other users post or do. As most of the content on the Services comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what is offered. Without in any way limiting the above, you understand and agree that any seller listing which utilises the 'Price Drop' feature has been applied at the sole discretion of that specific user for their listing. KiwiAds does not in any way represent, warrant or guarantee that a price displayed for any listing on the Services which uses the Price Drop feature is a genuine price reduction.
We also cannot guarantee continuous or secure access to our Services. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and, to the extent permitted by law, we do not give any promises or warranties (whether express or implied) about the availability of our Services or that the Services will be uninterrupted or error-free. Notification functionality in the Services may not occur in real time. That functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network.
To the extent permitted by law:
- we are not liable for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind by a user of the Service which violates or infringes upon your rights, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.
- and without limiting any rights that you may have under the New Zealand Consumer Law, KiwiAds’s liability to you for any failure by KiwiAds to comply with any statutory guarantee under the New Zealand Consumer Law is limited to KiwiAds supplying the Services again or paying you the cost of having the Services supplied again.
In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
- the content you provide (directly or indirectly) using our Services;
- your use of or your inability to use our Services;
- delays or disruptions in our Services;
- viruses or other malicious software obtained by accessing or linking to our Services;
- glitches, bugs, errors, or inaccuracies of any kind in our Services;
- damage to your hardware device from the use of any Service;
- the content, actions, or inactions of third parties, including items listed using our Services;
- a suspension or other action taken with respect to your account for breach or these Terms of Use or our policies;
- your need to modify practices, content, or behaviour, or your loss of or inability to do business, as a result of changes to these Terms of Use or our policies.
KiwiAds excludes any liability to you for any loss or damage suffered by you as a result of KiwiAds failing to comply with an applicable statutory guarantee under the New Zealand Consumer Law if you suffering such loss or damage was not reasonably foreseeable and was not directly caused by KiwiAds.
10) Indemnification. You will indemnify and hold harmless KiwiAds and our affiliates and our and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.
11) Release. If you have a dispute with one or more KiwiAds users, you release us (and our 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 or unknown, arising out of or in any way connected with such disputes.
12) Personal Information. By using the Services, you agree to the collection, transfer, storage and use of your personal information by us (the “data controller”) on servers located in New Zealand, Australia, the United States and in the European Union as further described in our privacy policy.
13) Severability. If a provision of these Terms of Use is illegal or unenforceable in any relevant jurisdiction, it may be severed for the purposes of that jurisdiction without affecting the enforceability of the other provisions of these Terms of Use.
14) General. These Terms of Use and the other policies posted on the Services set out the entire agreement between KiwiAds and you, overriding any prior agreements. From 1 February 2021, this agreement is governed by the laws of New Zealand. We both submit to the non-exclusive jurisdiction of the courts of Auckland, New Zealand. If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these Terms of Use, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below (our assignment to an affiliate will not require notice). Except for notices about illegal or infringing content, your notices to us must be sent by registered mail to:
KiwiAds
53A Pomaria Road
Henderson, Auckland 0610
New Zealand
We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing. We may update this agreement at any time, with updates taking effect when you next use the site or after 30 days, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by you and by us. Send questions, comments or complaints to our KiwiAds Customer Support.
Last Modified: 1 February 2021
