MADEinNZ Marketplace Seller Terms of Service
Last updated: Feb 10, 2020
The following terms (“Terms of Service” or “Agreement”) describe the terms and conditions applicable to your access to, and use of, the MADEinNZ Marketplace. This document is a legally binding agreement between you as the user of the MADEinNZ Marketplace (referred to as “you” or “your”) and MADEinNZ (referred to as “ we”, “our”, “us” or “MADEinNZ”).
By signing up for the MADEinNZ Marketplace you are agreeing to be bound by these Terms of Service and any policies or guidelines incorporated by reference. Any new features or tools that are added to the MADEinNZ Marketplace shall also be subject to these Terms of Service. You can review the current version of the Terms of Service at any time here. These Terms of Service apply to all MADEinNZ Marketplace Suppliers that list, offer for sale, or sell, their Products on the MADEinNZ Marketplace.
- The MADEinNZ Marketplace provides you with an online marketplace in which you are able to list, offer for sale and sell your Products to customers.
- In order to access and use the MADEinNZ Marketplace, you must:
- be a legal entity;
- be able to supply and deliver the Products you intend to list and offer for sale on the MADEinNZ Marketplace in accordance with the timelines and other requirements set out in these Terms of Service, the Policies and otherwise as communicated by MADEinNZ to you;
- be invited by MADEinNZ to participate in the Marketplace; and
- register for an MADEinNZ account (“Account”). Despite the foregoing, MADEinNZ reserves the right to reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
- As part of your registration in, and ongoing use of the MADEinNZ Marketplace, you are required to provide MADEinNZ, upon request, any documentation reasonably necessary to demonstrate that you have sufficient rights, and the ability, to offer for sale, sell and fulfill your Products on the Marketplace.
- You agree that the MADEinNZ Marketplace is simply providing you with an online marketplace to sell your Products. You therefore agree that your use of the Services and Marketplace is at your own risk and you are responsible for all activity in connection with your use of the Services and Marketplace, including all activity in connection with your employees, agents or subcontractors use of the Services and Marketplace.
- You acknowledge and agree that we may amend these Terms of Service, and any of the documents it incorporates by reference, at any time by posting the relevant amended and restated Terms of Service here and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services and Marketplace after the amended Terms of Service are posted constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Services or Marketplace.
- In order to use the Services and Marketplace, you must at all times comply with these Terms of Service, the Policies, and any other operating rules, policies, guidelines and/or procedures that are incorporated by reference into such documents or that MADEinNZ communicates to you from time to time. Your failure to do so may result in an immediate suspension and/or termination of this Agreement and your use of the Services and Marketplace.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services or Marketplace, use of the Services or Marketplace, or access to the Services or Marketplace without our express written permission. If you are signing up for the Services and Marketplace on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to these Terms of Service.
- Technical support for the Marketplace is available via email at [email protected]
- In order to use the Marketplace, the person signing on behalf of the Marketplace Supplier must provide MADEinNZ with all required fields in the MADEinNZ registration form, as well as any other information identified as being required by MADEinNZ during or after the account registration process. Once open, you agree to maintain accurate, complete, and up-to-date information for your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services and Marketplace or the termination of your Account.
- You agree to maintain the security and secrecy of your Account password(s) at all times. You must promptly notify MADEinNZ if you become aware of or reasonably suspect any security breach, including any loss, theft or unauthorized disclosure or use of your Account password. MADEinNZ cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account password.
- You may not transfer or sell your Account to any other party.
Third Party Services
- MADEinNZ does not provide third party services to you as part of the Marketplace. Should you elect to use a third party service in conjunction with your use of the Marketplace(ex. courier service), under no circumstances shall MADEinNZ be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from your use of such third party service. These limitations shall apply even if MADEinNZ has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
- You agree to indemnify and hold us and (as applicable) our Affiliates, partners, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of any third party service.
- MADEinNZ has the right (but not obligation) to make third party services available in connection with the Marketplace from time to time.
Privacy and User Data
- You understand that any information you provide to us in using the Services and Marketplace may be transferred un-encrypted and involve:
- transmissions over various networks; and
MADEinNZ Marketplace Supplier Products and Content; Intellectual Property
- MADEinNZ supports products made or produced in New Zealand. You acknowledge and agree that you will only list products that are either made or produced in New Zealand. For more info ,please follow this link to a reminder from Commerce Commission about 'Made in NewZealand' claims.
- Your Products and Content, including product listings in connection with your Products, must at all times comply with: (i) these Terms of Service, including all Policies; and (ii) any applicable laws or regulations.
- You represent, warrant and covenant that you have the right to offer for sale, and sell, every Product that you list on the Marketplace. To the extent that any of the Products included in product listings incorporate the trademarks, copyrights or other intellectual rights of third parties, you represent, warrant and covenant that you have the appropriate license rights to sell the Products and permit Merchants to resell such Products to Buyers.
- MADEinNZ does not necessarily pre-screen Products or Content made available via the Marketplace and we may refuse or remove Content and Products from listing on the Marketplace at any time in our sole discretion.
- You grant MADEinNZ a limited, worldwide, non-exclusive, sub-licensable royalty-free license to access, use, reproduce, electronically distribute, transmit, perform, format, display, store, archive, and index your Content for the purpose of supporting your use of the Services and Marketplace.
- You acknowledge and agree that the Services and the Marketplace, including without limitation, any associated software, documentation, applications, websites, tools and products, any modifications, enhancements and updates thereto, and all intellectual property rights therein are exclusively owned by MADEinNZ.
Fees and other Charges
- Registering for and listing Products in the Marketplace is free, however there could be a fee to list your products under 'Featured' section of the MADEinNZ Marketplace. MADEinNZ will charge you a percentage(or a fixed amount) of the sale price of each Product sold by you to a customer; which is called as “Commission”. MADEinNZ will also deduct from such sale price any applicable service fees associated with third party services you use in conjunction with your use of the Marketplace.
- When you sell your Products to customers via the MADEinNZ Marketplace, MADEinNZ will charge and obtain from customers the sale price charged by you, including any applicable taxes, shipping costs, insurance or other amount you indicate at the time of sale (“Purchase Amount”). The Purchase Amount, less Commission and any applicable third party service fees, will be paid to you in accordance with the terms of our Supplier Policy. The Purchase Amount less applicable Commission and third party service fees is referred to as the “Payout Amount”.
- A Payout will be made to you on the next business day of end of refund period for an order.
- MADEinNZ will handle order cancellations and requests for refunds in accordance with the terms of our Supplier Policy. You will be responsible for paying any and all taxes applicable to any sales of your Products made via the Marketplace (excluding any taxes on MADEinNZ’s net income).
- MADEinNZ may change fees and commissions any time with a 15 day notice to seller.
User Comments, Feedback and Other Submissions
- You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are under no obligation to:
- use or rely on any Comments;
- pay compensation for any Comments; or
- respond to any Comments.
- You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other intellectual property, personal or proprietary right. You further agree that your Comments will not contain libelous, defamatory or otherwise unlawful, abusive, hateful or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Marketplace or the Services or any related website or application. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you.
- In addition to any prohibitions set forth in these Terms of Service and the Policies, you are prohibited from using the Services and Marketplace, its content, or any of the services available through the Marketplace: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, or local laws or regulations; (iv) to submit false or misleading information; (v) to upload or transmit viruses or any other type of malicious or destructive code; (vi) to collect or track the personal information of others; (vii) to spam, phish, pharm, pretext, spider, crawl, or scrape; or (viii) to interfere with or circumvent the security features of the Services or Marketplace or any related website or application, other website or application, or the Internet. We reserve the right to suspend or terminate your use of the Services or Marketplace or any related website or application, and pursue all available remedies, for violating any of the prohibited uses.
- You may terminate these Terms of Services by writing to [email protected]
- If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service or any Policies including but not limited to failing to complete transactions with Merchants, we may terminate this Agreement at any time without notice and accordingly may deny you access to the Services and Marketplace, your Account, or any part thereof. The obligations (including payment obligations) and liabilities incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
- Upon termination of this Agreement by either party for any reason: (i) you will no longer be able to access your Account and your access to the Services and Marketplace will cease; (ii) your Products will be removed from the Marketplace; (iii) unless otherwise agreed by MADEinNZ, any outstanding/unfulfilled orders as of the termination date will be cancelled by MADEinNZ and refunded to Merchant at your expense; (iv) any outstanding payout of funds as of the date of termination will be paid to you in accordance with this Supplier Policy; and (v) any outstanding balance owed to MADEinNZ for your use of the Marketplace through the effective date of such termination will immediately become due and payable in full. Where MADEinNZ agrees to permit Marketplace Supplier to fulfill any orders currently outstanding in the Marketplace at the time the Marketplace Supplier provides notice of such termination, the Terms of Service and the Policies will remain in effect until such orders are fulfilled.
Questions about the Terms of Service should be sent to us at [email protected]