The terms and conditions are the terms on which catchakiwi.co.nz Limited offers you access to the Services and the Website. By registering as a member of catchakiwi.co.nz you are deemed to acknowledge that you have read these terms and accepted them. If you do not accept these terms and conditions, you must refrain from using the Services. 

Welcome to catchakiwi.co.nz, New Zealand's own online toolkit of services in your community. These terms and conditions are intended to help keep catchakiwi.co.nz a safe place to trade.

These terms and conditions may be amended in whole or in part by catchakiwi.co.nz from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions.

Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended and that you have familiarised yourself with these.

In these terms and conditions, the following expressions have the meanings set out: 
‘ member' means a registered member of catchakiwi.co.nz; 
'Member Service(s)' means a service that has been advertised by a catchakiwi.co.nz member in the Services Category;
'Services' means any provision or supply of assistance to satisfy a need of a member and in particular means also one or more of the services offered by catchakiwi.co.nz Limited from time to time,classifieds, message boards, sms alerts and any other service that catchakiwi.co.nz may offer; 
'Services Category' means the category on the catchakiwi.co.nz homepage where members can list services;
'we', 'us' and 'our' are a reference to catchakiwi.co.nz Limited; 
'you' and 'your' are a reference to you; 
'Website' means any catchakiwi.co.nz website through which the services are offered; 
'listing' means a listing on the Website through which you offer, negotiate, buy, sell or advertise any item or job, whether by auction or classified; 
'seller' includes any person placing a listing. 

catchakiwi.co.nz provides a venue to introduce members who want to buy and sell services. catchakiwi.co.nz does not take any part in the sale of services other than by providing our Website as a venue for members. If a bid is accepted by a seller, a contract of sale will be formed between the buyer and the seller directly in the format the buyer and seller agree to. Catchakiwi ltd does not act as agent for either party and does not participate in any sale or transaction between you and other members, including where you use the credit card service. If you use the credit card service, we simply pass on payments made by one member to another. As a result, even though some of the services are being referred to as an auction, catchakiwi.co.nz is not an auctioneer (whether under the Auctioneers Act 1928 or otherwise). catchakiwi.co.nz also provides a Services Category venue where members can be connected with trades people and service providers. Restrictions for using the Services Category are outlined in the Member Services Category Policy.

 Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that catchakiwi.co.nz takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you. catchakiwi.co.nz gives no undertakings, representations, or warranties in relation to services sold or listed on the Website, or Member Services advertised or offered through the Services Category including: 

• About ownership of any item provided with the service;
• As to the content, safety, description, worthiness, quality, or legality of the services or Member Services that are listed on the Website;
• As to the accuracy or truth of listings;
• That any item, or Member Service listed in the Services Category, will meet your requirements or expectations and in fact be provided; or
• About the ability of members to complete a transaction , including credit card transactions.

your use of the Services is at your sole risk. The Website and services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting clause 2.2, catchakiwi.co.nz disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement; 

b.where Member Services are offered in the Services Category, catchakiwi.co.nz disclaims and excludes liability for any guarantees that a Member Service will be carried out with reasonable care and skill, fitness for a particular purpose, time of completion or price for the provision of a Member Service; 

c.catchakiwi.co.nz does not warrant that i) the services provided will be uninterrupted, timely, secure, or error free, or ii) that any information (including feedback) provided on the Website is error-free or reliable; 

d.no advice or information that is obtained by you from catchakiwi.co.nz or anyone else shall create any warranty by catchakiwi.co.nz that is not expressly stated in the terms and conditions; and 

e.responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute catchakiwi.co.nz's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement. 

f.while catchakiwi.co.nz may facilitate payment for some services by credit card, catchakiwi.co.nz is in no way involved in the transaction itself, and responsibility for any refund rests with the seller. 

You agree that, to the maximum extent permitted by law, any and all liability and responsibility of catchakiwi.co.nz to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, another Member's acts or omissions, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. catchakiwi.co.nz's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss. 

You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction, your use of catchakiwi.co.nz's message boards, your sale or attempted sale of an item prohibited under clause 4.2(e), or arising out of any content or item you submit, post, transmit, or make available through the Services.

Without limiting any other rights and remedies available to catchakiwi.co.nz, catchakiwi.co.nz may limit your activities on the Website, remove your listings, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our Services to you if you breach these terms and conditions or where catchakiwi.co.nz considers it appropriate.

In addition to the terms and conditions set out in this document, the Banned and Restricted services list,Listing Policies, Job Listing Policies, Message Board Policy and Member Services Category Policy form part of these terms and conditions

 Becoming a member is free. You may only register as a member if you are resident in New Zealand and can form a legally binding contract that is enforceable against you. For example, you must be 18 years old or agree to enter into a contract of service as provided under s5(1) of the Minors Contracts Act 1969. By registering as a member, you warrant that you can form a legally binding contract and have the ability to provide or pay for the services provided as the case may be.

 You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by catchakiwi.co.nz to ensure it is kept current at all times. catchakiwi.co.nz may phone or mail you to verify these details. You must not register as a member under multiple identities or personas (whether false or not). However, at catchakiwi.co.nz's discretion, you may create a business membership in addition to your personal membership. 

catchakiwi.co.nz reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, catchakiwi.co.nz may terminate your membership if a serious complaint or multiple complaints are received about you from other members, if you breach these terms and conditions, if you impersonate another member, or if we, at our sole discretion, deem your behaviour to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled. 

3.You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree: 

• not to permit any other person to use your user name or membership; and
• b.not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow them to gain access to your membership.

catchakiwi.co.nz will send you emails relating to your membership, transactions and other activities on the Website, and for promoting and marketing other catchakiwi.co.nz products and services to you. catchakiwi.co.nz may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list. 

All listings, bids or communications made through catchakiwi.co.nz shall be made in good faith.

You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so.

c.You may not use a robot, spider, scraper or other unauthorised automated means to access the Website or information featured on it for any purpose. 

You shall not list your email address, phone number or any other contact detail within the description of listings, listing comments and/or questions, in your member profile, or in the catchakiwi.co.nz message boards.

Not withstanding 4.1d above, you may enter your appropriate contact details in the relevant contact detail fields of those listing categories which specifically provide for those details, i.e. Motors, Property, Jobs and classifieds. 

f.Catchakiwi.co.nz memberships are not transferable and therefore can not be sold, leased, lent or traded.

a.Service providers must be located in New Zealand. Service Providers outside of New Zealand are not permitted to sell on catchakiwi.co.nz. New Zealand Service Providers must accept payment into their own domestic New Zealand bank account as one of their available payment options. Service Providers should not send services to an address that is outside New Zealand.

b.You will only enter listings that are accurate, current, complete, and include all relevant information about the terms of the service,payment terms. You must list a service item in one category only which must be the most appropriate category for your service. 

c.You will only place listings for services that exist and are to be sold. You will not list services that you are not legally entitled to sell or that are not in your possession. In the case of automobiles that are offshore or in transit to New Zealand you must be a registered motor vehicle trader and hold clear authority to sell such vehicles before being able to list them. You must also clearly indicate that such vehicles are offshore or in transit in the listing. Any land listed for sale must be in New Zealand. 

You may only sell or offer services in our Services

You must not list anything that is illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or unsafe, anything which infringes copyright or other intellectual property rights, services 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 are responsible for ensuring that any listing by you does not breach this clause 4.2(e). You agree that catchakiwi.co.nz 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 clause 4.2(e) at any time.

You must ensure you hold the copyright or are otherwise licensed to use any images you add to your listings.

When you list a service on catchakiwi.co.nz you are seeking a taker for, you should do so with the intention of providing this service through the site.

catchakiwi.co.nz classifieds may be used by individuals or businesses to list specific services or jobs only and must not be used for multiple or generic item or job listings. You must not place multiple listings for a single item or job.

Your listing may only contain a URL for a website that contains further information on the item you have listed. This website must not offer any services for sale, or contain contact details. You must not use catchakiwi.co.nz listings to promote a business or website other than one for sale in your listing. 

You must not use the Services or the Website to sell services that are of a speculative nature including, but not limited to, pyramid, surf-for-free, or similar schemes.

k.You must not manipulate prices through ghost-bidding or assuming multiple roles in a single transaction. 

For classifieds, you may choose to sell to any buyer at your discretion.

Listings are not pre-screened for content. catchakiwi.co.nz reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions.

You agree to your email address being supplied to the buyer as part of the sale process.

o.If your service includes the sale of a motor vehicle, regardless of whether you are a motor vehicle trader or not, if you are selling a car on catchakiwi.co.nz, you are required to ensure that the buyer of the motor vehicle takes the motor vehicle free of any security interest, and you must disclose in the listing whether there is any security interest over the vehicle. 

p.To help maintain quality listings, catchakiwi.co.nz reserves the right to suspend Service Providers who list over 500 services per week where the sell through rate of these services averages less than 10% over four weeks. Sell through rate is calculated as the auctions sold divided by auctions listed, not including classifieds.

a.You must be located in New Zealand or Australia to buy on catchakiwi.co.nz. People outside of these countries are not permitted to purchase services on catchakiwi.co.nz. 

b.If you agree to purchase the service, you must complete the transaction in the manner agreed. By entering into an agrrement to purchase a service you represent that you have the legal right to enter into and complete the transaction. 

c.You must make full and prompt payment for any service you buy in terms of the agreement you enter into with the seller.

If you do not pay for the service you have agreed to purchase, you will receive a warning from catchakiwi.co.nz if the seller complains about you. After 3 such complaints, catchakiwi.co.nz may suspend or terminate your membership.

Feedback you provide on other members must not contain offensive, defamatory or inappropriate language. catchakiwi.co.nz reserves the sole right to determine what is considered offensive, defamatory or inappropriate language.

You may only give member feedback that relates to a specific transaction. You must not post feedback on a transaction that does not relate to that specific transaction. 

You must not post feedback about yourself or include any contact details or personal information in your feedback.

d.Feedback is provided for the sole purpose of facilitating trading of services between members on the catchakiwi.co.nz Website. You must not market or export any feedback to any venue other than the catchakiwi.co.nz Website. Linking to your catchakiwi.co.nz feedback from other buying and selling websites will be considered a breach of our terms and conditions.

catchakiwi.co.nz charges fees for the use of the Website as a venue.

catchakiwi.co.nz's current fees are listed on our fees page in the help section.

Any non-commission listing fees are charged at the time of listing and are not refundable. catchakiwi.co.nz may (at our sole discretion) refund a commission or success fee charged on completed auctions if the sale is not successfully completed, provided that a member follows our defined refund process. catchakiwi.co.nz will only issue refunds in the form of credit to the catchakiwi.co.nz account of the member. Cash refunds will not be issued. Credits on accounts with catchakiwi.co.nz are not transferable between members. 

catchakiwi.co.nz reserves the right to change the fees charged for any of our Services at any time. In the event that we introduce a new service, the fees for that service are effective at the launch of the service, unless otherwise stated.

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

catchakiwi.co.nz reserves the right to investigate queries regarding the refund of fees , other members, Internet Service Providers, and any other relevant party.  Before listing an item, you should review catchakiwi.co.nz's fees to ensure you are aware of the fees that you will incur. 

You must pay the fees immediately upon demand by catchakiwi.co.nz.

catchakiwi.co.nz will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, catchakiwi.co.nz takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, catchakiwi.co.nz assumes no responsibility for the corruption of any data or information held by catchakiwi.co.nz. 

As catchakiwi.co.nz is not a party to any sale or transaction between you and another member, you agree not to involve, or attempt to involve, catchakiwi.co.nz in any dispute or in the resolution of disputes that arise between you and another member as a result of the Services provided.

catchakiwi.co.nz provides Message Boards for the use of catchakiwi.co.nz members. The Message Boards may not be used to promote auctions, websites or any commercial or business activity. catchakiwi.co.nz 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 liability for your comments, including for offensive or defamatory statements. 

 Without prejudice to clause 2.3(a), catchakiwi.co.nz has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of catchakiwi.co.nz to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of catchakiwi.co.nz. 

 If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.

If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect. 

These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand. 

catchakiwi.co.nz (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the Website. 

You may not without our prior written permission, in any form or by any means:

• Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
• Commercialise, copy, or on-sell any information, or services obtained from any part of this Website.

b.Buzzy Bee is a registered Trade Mark and is used with the permission of Lion Rock Licensing Ltd.

These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.