Purpose
(a) We provide an online venue to introduce our account holders, and to allow our account holders to advertise flowers, plants, floral accessories, and other items as we may from time-to-time allow.
(b) In providing the online venue, we do not participate in the actual sale of Items or the transaction itself. We do not own any Items listed on our Site and do not offer them for sale, nor do we act as an agent for either party. We also do not take part in the actual provision of account holder Services.


2. Privacy Policy
(a) You agree that we may disclose your personal information in accordance with our Privacy Policy, including your name and contact details, as well as any transactional records, site interactions or other relevant information, to the relevant authorities, parties and/or intellectual property rights holders.


3. License of Intellectual Property
(a) To enable you to use and enjoy our Services, we grant you a limited, non-exclusive, non-transferable and revocable licence to use our Site and Services in accordance with our Terms.
(b) We retain all of our intellectual property rights, including our rights in the software and source code used, to provide the Site and Services. You may not adapt, reproduce, copy, store, distribute, publish or create derivative works from any part of the Site, or commercialise or on-sell any information obtained from the Site or our Services, without our prior written consent.


4. Services May Change
(a) We are constantly changing and improving our Site and Services. We may add or remove features or functions and we may suspend or stop providing a Service altogether without Notice to you.


5. Account Holder
To be an account holder you must:
(a) Be over 18 years old;
(b) Be a resident in New Zealand; and
(c) Be in trade in New Zealand;
(d) Complete the registration process and provide true, correct, and up-to-date information.


6. Maintaining your Account
(a) You must maintain and update your personal and account information, to ensure it is always current and correct. We may contact you to verify your details.
(b) You are responsible for all the activity that happens on your account. To protect it, keep your login information secret and secure, change your password regularly, and do not let anyone else use your account.


7. Termination of Account
(a) You may terminate your account at any time for any reason. We will process your termination as soon as possible.
(b) We may refuse to offer some or all of our Services to you without prior notice for any reason.


8. Ongoing Communication
(a) As an account holder we may contact you at any time about your account, your transactions, and any other activities on our Site. Our Privacy Policy has more information on this.
(b) If your account is terminated (whether by you or by us), your ability to access our Site will end and you must stop using our Services.
(c) Certain clauses from these Terms will survive termination including but not limited to 1, 2, 9, 19, 20, 21, 22.
(d) If you visit our site after termination, or otherwise use our Services, these Terms will apply.
(e) If you list an Item with us we may contact you to request further information about your listing. For example, we may ask you for proof that an Item is in your possession or an items meets relevant standards or laws.


9. Prohibited Conduct
The following conduct is expressly prohibited:
(a) Scraping: You may not use a robot, spider, scraper or other unauthorised automated means to access the Site or information featured on it for any purpose. You also may not manually scrape, harvest or otherwise extract data from our Site without our express permission.
(b) Unlawful Conduct: You will comply with all laws and regulations of New Zealand when using our Services including but not limited to the Fair Trading Act 1986, the Harmful Digital Communications Act 2015 and the Biosecurity Act 1993.
(c) Spamming: You will not use contact information or methods of contacting other account holders to promote your own products or services.
(d) Circumventing the Site: You agree not to a) use the Services or the Site to promote Items or services for sale outside of the Services; b) complete a transaction, that started on the Site, outside of the Site process; or (c) seek to avoid our commission or our process. For the same reason you must not list your contact details anywhere, other than in the relevant fields provided during the listing process.
(e) Dishonesty in the Listing: All listings must be accurate, current, complete and include all relevant information and key terms. Dishonesty or deliberate omission of such information is prohibited.


10. Added Content
(a) You confirm that you either own or have permission to use all of the content that you post and upload when using our Services. For example: any photos, data, information, Listing descriptions and other content (“your content”).
(b) You retain ownership of your content.
(c) You grant us a non-exclusive, transferable, sublicensable, royalty-free, and worldwide licence to us, to use, store, display, reproduce, modify, distribute, create derivative works, and save your content in any manner and on any media or platform to promote, improve and provide our Services.


11. Selling and Listing
(a) Fees
(i) Our current fees are explained on our fees page. You will be able to review and accept any fees before you list, and must pay them when they are due. By using our Services, you agree to pay our fees.
(ii) We may change our fees. We will notify you about fee changes with 10 working days’ notice. If we introduce a new Service, the fees for that Service are effective at the time the new Service is launched. If you want to know what our current fees are at any time, just visit our fees page.
(iii) If a listing is purchased but the transaction is not completed we may, in our complete discretion, choose to refund any fee taken by crediting your account via our refund process.
(iv) We will credit your nominated bank account with your sale proceeds, after deducting any relevant fees and charges. We may also deduct any other amounts owing by you to us that we have not been able to recover via your nominated credit card in accordance with Clause 13.
(v) It is your responsibility to maintain your bank account details with us, advising us of any changes.
(b) GST
(i) As you are a New Zealand resident, all of our fees are inclusive of GST (if any), unless we clearly express our fees as excluding GST.
(ii) If you are GST registered and you are a New Zealand based seller or you are a tax resident of New Zealand for the purposes of GST law, you must list Items in New Zealand dollars and include GST (if any) in the price.
(iii) If your Item is likely to attract customs duty for buyers in New Zealand, you must ensure that this is clearly indicated in your Listing.
(iv) You must tell us if you are a non-resident for GST purposes and if your residency position changes. If you are a non-resident for the purposes of New Zealand GST law and you sell Items to New Zealand buyers, you must provide us with a GST exclusive price for your Listings and we will add GST to your Listings and return GST to the New Zealand Inland Revenue Department.
(c) Policy Compliance
(i) We have several listing policies and other specific terms that govern how and what you can list on our Site. Please check them out before listing.
(ii) When you list an Item on the Site, you must do so with the intention of selling this Item through the Site. Therefore, you must not advertise your Item through another forum at the same time. You must sell to the purchaser of the listing.
(iii) You must promptly ship, post, or deliver sold Items to the successful buyer or arrange collection with the successful buyer.. You are responsible for ensuring the Item arrives in the condition described in the listing.
(iv) It is particularly crucial that for perishables that the transaction is completed as soon as possible following the listing closing unless otherwise agreed in writing and notified to us in writing as time is of the essence.
(v) You will always ensure any additional charges that may be incurred by a Buyer are clearly stated within the listing.
(d) Relevant Listings
(i) We may cap your number of listings or suspend your account to help achieve a marked of what we deem to be relevant goods in our complete discretion.


12. Buying
(a) Contract
(i) You should choose carefully before buying, as an order to purchase creates a legal contract between you and the Seller. If your payment is not immediate on the Site but via enquiry or pre-order, you agree to process your payment promptly before shipping. As the Items listed on the Site will often be fresh plants and flowers time is of the essence and you must take this into account when Buying such items.
(ii) If you do not collect your item or you take steps to reverse the payment made to the Seller we may issue you with a warning or suspend or terminate your account with or without prior warning.
(iii) It is particularly crucial that for listings of fresh plants or fresh flowers that payment is made and the transaction is completed as soon as possible following the listing closing unless otherwise agreed in writing as time is of the essence.
(iv) Our general returns and refunds guidelines are displayed on our returns and refunds section on the Site. These may vary by Seller and any specific Seller terms advised to you will take precedence over any general terms. It is particularly crucial that for purchases of fresh plants or fresh flowers that claims are made within 24 hours of receipt as time is of the essence.


13. Credit & Debit Card Payments
(a) When you sign up to be an account holder you agree to set up a credit or debit card authority (Card Authority) which authorises us to debit and credit your registered credit or debit Card will all amounts we have billed to your account, including but not limited to:
(i) Your account holder subscription fees;
(ii) The payments owing from you as a buyer if you are using our website to buy from, subject to a dispute being raised pursuant to Clause 15;
(iii) The payments owing from you as a Seller, including any Charge Backs, subject to a dispute being raised pursuant to Clause 15;
(iv) Our fees pursuant to our fees page.
(b) Your Card Authority will continue until you terminate your account with us. You may do this at any time by updating your details in your member portal on the Site.
(c) You acknowledge that:
(i) This Card Authority will remain in full force and effect in respect of all debits passed to your registered card in good faith notwithstanding your death, insolvency or other revocation of this Card Authority until actual notice of such event is received by us.
(ii) In any event, this Card Authority is subject to any arrangement now or hereafter existing between you and the card company in relation to your Registered Card.
(iii) You are responsible for providing us with updated information when there is a change of issuer of your Registered Card, a replacement card issued with a new card number, or when your Registered Card expires. You can update your information by updating your details in your member portal on the Site.
(d) We will use the personal information collected from you in relation to your Card Authority in accordance with our Privacy Policy. By setting up your account holding and Card Authority you confirm that you have read and accept the terms of the Privacy Policy.
(e) You agree to maintain your bank account details with us, advising us of any changes.


14. Feedback
(a) Feedback is provided to facilitate trading between account holders, and helps us to ensure a great experience for all account holders.
(b) The feedback you provide on other account holders must not contain offensive, defamatory or retaliatory language or content which will reserve the right to assess as such in our sole discretion. We will remove any infringing feedback that we become aware of.
(c) Any feedback must relate to the specific transaction and not any other transaction.


15. Resolving Problems
(a) With another account holder:
(i) You agree to try to resolve any disputes you have directly with the other account holder.
(ii) We are not a party in any transaction between you and another account holder.
(iii) It is our policy to release funds from the buyer to the seller between 5 and 11 days from the date of sale.
(iv) If you dispute that the seller has not met its obligations, you must contact us in writing within 24 hours from the purchase of the goods if they are perishable or 48 hours if they are non-perishable in order to halt the release of the payment to the seller.
(v) In the event that the release of the funds has been halted pending dispute resolution we will use our best endeavors to:
(A) Investigate the facts of the transaction which we decide are sufficient to come to a decision;
(B) Communicate our decision to each party;
(C) Act on our decision which may include a) a release the funds to the seller b) a partial release of funds to the seller c) no release of funds to the seller.
(D) You agree that while a dispute is being resolved through the above means you will not attempt to circumvent the procedure or prevent any release of funds.
(vi) If you are dissatisfied with the above and take the dispute to the Disputes Tribunal or other tribunal or committee, we will only release that account holder’s details if you sign a Statutory Declaration. See our Privacy Policy for more information.
(b) With us or our services
(i) If you have a dispute with us, please get in touch and we will try to resolve it informally. If we need to contact you about a dispute, we will use the last email address you gave us or any other reasonable method.
(ii) If we have been unable to resolve a dispute informally, either party can look to resolve a dispute or seek any remedy available through any legal method available.
(iii) If you have a complaint about us being misleading, or in relation to the Fair Trading Act, you can refer it to the Commerce Commission.
(iv) The Advertising Standards Authority is a self-regulating body for the advertising industry, dedicated to ensuring advertising is socially responsible, truthful, and not misleading. If you have concerns about any our advertising, you can submit these to the ASA.
(v) You agree that these terms are governed by the laws of New Zealand and that any dispute will be resolved in New Zealand


16. System Outage
(a) We do not guarantee that our Services will be 100% secure, uninterrupted or error-free. We provide our Services without any warranty of any kind. Your use of our Services is at your own risk. We exclude and disclaim all implied warranties, to the extent that we legally can, such as fitness for purpose, merchantability and non-infringement.
(b) If you are using our Services for a personal purpose, then nothing in our Terms limits any consumers’ legal rights that may not be waived or limited by contract.
(c) Any information or advice that we may give you regarding or during your use of our Services is also subject to the disclaimers in these Terms and will not create any warranty that isn’t expressly given in these Terms.


17. Limitation of Liability
(a) To the maximum extent permitted by law, you assume full responsibility for any loss or damage that results from your use of the Site and Services. We are not liable to you or any other person in connection with the Services, this Site, your use of the Services or Site, or another account holder’s acts or omissions, whether for negligence, breach of contract, breach of statutory duty or otherwise. We are not liable for anything that is outside of our reasonable control. We are not liable for any loss or damage, whether direct or indirect - including but not limited to loss of profits, loss of business or anticipated savings, general or special damages, or consequential or incidental loss.


18. Our Role
(a) Our Site is provided as a venue only. We do not take any part in the sale or purchase of Items on our Site, nor are we involved with the provision of account holder Services. All transactions and other contact between you and other account holders is entirely at your own risk.
(b) We are not responsible for:
(i) Any account holder Services that are offered or provided;
(ii) The safety, quality, or legality of any Items or account holder Services that are listed on the Site, or the accuracy or truth of any listings;
(iii) Any guarantees or assurances that a Seller has made regarding an account holder service or Item they have listed including any implied warranties.
(iv) The conduct of sellers, including but not limited to all representations related to listings including underlying ownership rights, feedback and other communication.
(v) The conduct of buyers including but not limited to all representations related to purchase of listings including payment by whatever means or nonpayment, feedback and other communication.
(vi) The content of advertisements appearing on our Site (including links to advertisers' own websites). The responsibility for any such advertisements rests solely with the advertisers. The placement of these advertisements on our Site does not mean that we endorse or recommend the product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
(c) We give no guarantee or warranty:
(i) That any Item or account holder service will meet your requirements or expectations;
(ii) In relation to Items listed or sold on the Site; or
(iii) That any information posted on the Site, including feedback, is error free or reliable.


19. Our Rights
(a) Without limiting any other rights and remedies available to us, we may limit your activities on the Site, remove your bids, Listings or other content, warn other account holders of your actions, issue a warning to you, suspend or terminate your account, or refuse to provide our Services to you (and your affiliates), if you breach our Terms, or where we consider it appropriate in our sole discretion.
(b) Failure to take immediate action in relation to Term breach does neither constitutes a waiver of that Term nor acceptance of the breach.


20. Indemnity
(a) You agree to indemnify us and hold us harmless against any claim made by yourself or any third party that is in any way related to:
(i) Your access to or use of our Service;
(ii) Your failure to complete a transaction;
(iii) Your sale or attempted sale of a prohibited Item;
(iv) Your breach of these Terms;
(v) Any content or Item that you submit, post, transmit or make available through our Services.
(b) Your indemnity under this clause covers all losses, damages, debt collection costs, or expenses (including legal costs) that we may suffer or incur.


21. Entire Agreement
(a) These terms, and all terms and policies posted by us on our Site govern your use of our Services and are the Terms that we offer our Services to you.
(b) By browsing our Site or registering as an account holder you are agreeing to the Terms. If you do not accept our Terms you must immediately cease using our Services or browsing our Site.
(c) We may update these Terms from time-to-time by site announcement or other notice. Once any updated Terms are in effect, you will be bound by them if you continue to use our Services. If you do not agree to any updated Terms, you must immediately stop using our Services.


22. Interpretation
(a) Headings and titles do not affect the interpretation of the Terms;
(b) Should any part of these Terms be unenforceable then that Term will be edited or removed and the remainder of the Terms will continue in full force and effect.
(c) “Account Holder” means any person or entity registered as an account holder on the Site;
(d) “Charge Back” means a buyer disputed or fraudulent transaction that has been remitted to the Seller on the Site;
(e) “Items” mean any good or service that may be bought or sold on the Site;
(f) “Listings” mean all listings of Items or Services that may be bought or sold on the Site.
(g) “Seller” means account holder placing a listing on the Site;
(h) “Services” means any one or more of the services offered by the Site, from time to time, including listings, advertising and any other service that the Site may offer.
(i) “Site” means any Site website or application through which Services are offered.
(j) “Terms” means these terms and conditions, our privacy policy and all terms and policies posted by us on our Site.
(k) “We”, “Us” and “Our” means 4Mooi Limited.
(l) “You” and “Your” means you.