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Terms of Services Agreement
1.1 Welcome to childer (the 'Site' / 'Website'), the online home of top quality, pre-loved children's items and accessories. childer is a peer to peer marketplace that allows you to buy and sell pre-loved children's items using our website. We'll refer to our Website and other services as our "Services", and childer will be addressed individually or collectively as "childer", "we", "us", or "our".
Please read the following terms of service agreement carefully before using our website and services. This agreement details the legally binding terms and conditions for your use of the website www.childer.co.nz and Services provided by childer. By browsing our Website, you agree to our Terms. The Terms are here for you, so that you are aware of your legal rights when using our Services and to ensure that childer is a safe place to buy and sell.
1.2 There are some particular services and portions of the Website that are subject to additional terms and conditions. These are included below via hyperlink, all of which are part of this Terms of Service Agreement. These include but are not limited to: Depot Service Terms and Conditions. If in the case there is any conflict between the Agreement and the terms published for a specific service, feature, or transaction offered on the Website, unless it is specifically stated in the Agreement, the service's individual terms for the specific feature, service or transaction are the terms to be adhered by. To view our Depot Service Terms and Conditions please follow this link.
1.3 This document and any documents referred to within it will collectively make up the 'Terms of Service'.
1.4 We may revise these Terms from time to time, however the most current version will always be available on our Website. At our discretion, we may also notify you of certain changes by sending you an email to the email address associated with your account. (You are responsible for providing us with your current email address, which is entered when you create an account.)
1.5 childer is an online marketplace where members can buy and / or sell certain children's goods within a fixed price format. Sellers also have the ability to accept or decline offers from any members at their discretion. childer is not in any way directly involved in the transaction between the Buyer and the Seller, unless you are selling through our Depot Service. The legal ownership of purchased items on childer is transferred by the Seller to the Buyer upon completion of a sale. childer does not transfer legal ownership of items from the Seller to the Buyer, except when items are being sold through our Depot Service. Outside of our Depot Service, childer has no control over the quality, morality, legality or safety of any aspect of any item listed, as well as no control over the accuracy or truth of any listings or information provided by the Seller, or the ability of the Sellers to sell items, or the ability of Buyers to pay for items. We do however strongly encourage Sellers to accurately explain their items in all fields provided and to upload clear images of their items.
1.6 Our "Services" include a) the Site, b) the Services provided by the Site, c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software and application services.
1.7 We reserve the right to change, modify, suspend or discontinue all or any part of the Site or Services at any time. We may also impose limits on certain features or restrict your access to parts of, or the entire Site or Service at our sole discretion without notice or liability.
1.8 We reserve the right to refuse to provide you access to the Site or Service or to allow you to open an Account for any reason.
2.2 Users in possession of another User's personal data obtained through the use of the Services hereby agree that, they will a) comply with all applicable personal data protection laws, b) allow the User (owner of personal data) the right to remove their collected data from the User (receiver of personal data) from the database upon request.
3. Your Account
3.1 You'll need to create an account with Us to use our Services. Here are a few rules about creating an account with Us:
3.1.1 You must be 18 or older to use our Service. Otherwise you may only use our Services under supervision of a parent or legal guardian.
3.1.2 Be honest with us, provide accurate information about yourself. It's not OK to use false information or impersonate another person or company through your account.
3.1.3 You are responsible for your account. You're solely responsible for any activity on your account. If you're sharing an account with other people, then the individual who's name is on the account will ultimately be responsible for all activity. If you're registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferrable.
3.1.4 As we've mentioned above, you're solely responsible for any activity on your account, so remember to keep your login and password secure.
3.1.5 By creating an account, you agree that you may receive email communication from childer, such as newsletters, promotions, special offers, account reminders and updates. You also understand that you can remove yourself from communications by clicking the "Unsubscribe" link in the footer of the email.
4. Limited License
4.1 We grant you a limited and revocable license to access and use our Services, subject to our Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property displayed on the Site are the property of childer and where applicable, third party proprietors identified on the Site. You agree not to copy, distribute, republish, mirror, frame or create derivative works without our prior written consent.
5. Your Content
5.1 Content that you post using our Services is Your Content. This includes usernames. profile pictures, listing photos, listing descriptions, reviews, comments, video etc.
5.2 You are solely responsible for Your Content. You represent that you have all the necessary rights to your content and that you're not infringing or violating any third party's rights by posting it.
5.3 By posting Your Content through our Services, you grant Us a license to use it. This license allows Us a non-exclusive, worldwide, royalty free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store and prepare derivative works of Your Content to promote the Service or Site. We do not claim ownership of Your Content, but we have your permission to use it to help us function and grow.
5.4 If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us. If Your Content infringes another person's intellectual property, we will remove it if and when we receive proper notice.
5.5. You agree to not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our Prohibited Items / Services section. You also agree not to post any content that is false, misleading or uses the Services in a manner that is fraudulent or deceptive.
6. Your Use of Our Services
6.1 We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services. You agree that you will not violate any laws in connection with your use of our Services. This includes any local, state, federal and international laws that may apply to you.
6.2 You are responsible for paying all fees that you owe to us. You are also solely responsible for collection and / or paying of any applicable taxes for any purchases or sales that you make through our Services.
6.3 You agree not to attempt to obtain secure codes of the Services. You agree to not interfere with or disrupt/harm our Services.
6.4 Violations of this policy may result in a range of actions, including any or all of the following: listing deletion, account suspension or legal action; if necessary.
6.5 If you believe a User on our Site is violating these terms, please contact us.
7. Purchase and Payment
7.1 Currently we only support Credit Card and Debit Card payments. These payments are processed through third-party payment channel Stripe.
7.2 All sales on the platform are binding. The seller is obligated to complete the transaction with the buyer in a prompt manner unless an exceptional circumstance arises.
8. Seller Fees
8.1 It is free to sign up and free to list items for sale. childer charges 15% commission on items with a sale price of $16.00 and over. For items under $16.00 there is a set transaction fee of $2.50; this is fixed to cover our minimum charges. Items sold via our Depot Service are subject to 50% commission less the cost of Stripe transaction fees. For more information on Depot Service fees click here. We may temporarily alter our fees for promotional offers (for example, reduced Seller commission rates). Any alterations are effective when the temporary promotion is published on the childer Website.
8.2 Our success fee will be deducted directly from your funds before the funds are settled into your account.
8.3 childer may also change some or all of our Services at any time, without notice and at our sole discretion. Any alterations to our fees are effective immediately following the publishing of such changes. childer also reserves the right to cancel any discount, promotion, coupon, or any other similar incentive before its originally stated expiration date. In the event that childer introduces a new service, the fees for that service are immediately effective at the launch of the service. Unless otherwise stated, all fees are quoted in New Zealand Dollars (NZD).
8.4 You are solely responsible for paying any and all fees and applicable taxes associated with using our Website and our Services in a timely manner with a valid payment method.
8.5 Any offer to buy or sell outside of the Website is viewed as an attempt at avoiding childer's success fees. This is unfair to other members on childer and breaks this Terms of Service Agreement and will result in immediate account cancellation / termination. You must not exchange personal information or engage in transactional activity with another member in any manner to avoid success fees.
8.6 When a sale is completed, Sellers will have access to the Buyer's full physical address. As a Seller, you are strictly prohibited from using this information for any purpose other than completing the sale.
9. Buyers Responsibilities
9.1 When purchasing an item, you are responsible for reading the item listing description in entirety before committing to purchase.
9.2 You agree that you are entering into a legally binding contract with the Seller to purchase their items when you commit to purchase the item. Furthermore, you agree that childer is not a party to the contract, and does not transfer legal ownership of the item from the Seller to you (unless you have purchased from our Depot Service.)
9.3 You agree that childer has no responsibility to issue a refund or negotiate the return of any item that you purchase.
10. Seller's Responsibilities
10.1 Sellers will properly manage and ensure that relevant information such as the price and the details of items are accurate and will not post inaccurate or misleading information. As a Seller, you may not change the item's price after a sale has been completed for the purpose of avoiding childer's success fee.
10.2 The Pricing of items/ services for sale are determined by the Seller at his / her own discretion.
10.3 Sellers arrange shipping of any items they sell and add reasonable shipping and handling fees to the sale price to cover the cost of packaging and mailing the item sold to the Buyer. The price of an item and shipping charges will include any additional charges such as sales tax, value-added tax, tariffs etc.
10.4 Sellers are obligated to deliver items as described in a prompt manner, unless there is an exceptional circumstance. If there are any exceptional circumstances the Seller is obligated to contact the Buyer to inform them of any delays or inability to complete the transaction. In the event where items received by the Seller are not as described and a refund is requested by the Buyer, the Seller is solely responsible for the payment of the refund and the return shipping of that item.
11. Changes to the Terms
11.1 We are constantly updating and improving the Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviors and the way people use the Internet and our Service.
11.2 We may revise the Terms of Service but the most current version will always be on this page of the Website.
11.3 We will try, where possible and reasonable, to contact you to let you know about significant changes to any of the documents referred to in these Terms of Service. We may make contact through the system via a separate email.
11.4 The current version of the Terms of Service contains the only items that apply to our relationship with you. Older versions of the Terms of Service will no longer apply to our relationship and will be completely replaced by the current version.
12. Prohibited / Restricted Activities and Items
12.1 With respect to your use of the Services, you agree that you will not:
- sell or list any item that is illegal to sell under any applicable law, statue, ordinance, or regulation, including but not limited to replica, counterfeit, or stolen items; child pornography; obscene materials; drugs; trade secrets; or items that have been identified by any New Zealand authority as hazardous to consumers and therefore subject to recall;
- impersonate any person or entity;
- stalk, threaten, or otherwise harass any person, or carry any weapons;
- violate any law, statute, rule, permit, ordinance or regulation;
- interfere with or disrupt the Services;
- post information through or interact with, the Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually orientated, threatening, harassing or illegal;
- use the Services in any way that infringes any third party's rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system data or personal information.
- "frame" or "mirror" any part of the Services, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose; or
- modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or any software used on or for the Services;
- rent, lease, lend, sell, redistribute, license, sub-license or access to any portion of the Services;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents;
- link directly or indirectly to any other websites;
- transfer or sell your account, password and / or identification to any other party;
- discriminate against or harass anyone on the basis of race, national origin religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or
- arrange the swap or trade of items with other members on childer;
- cause any third party to engage in the restricted activities above.
12.2 As a Seller and / or Buyer you are solely responsible for your conduct and activities on the Website, including any interactions with childer or its Services, and all member Submissions that you submit, post and display on the Website.
12.3 Without notice, childer may block access to, remove, or otherwise make unavailable any member Submission or other content that is a) in violation of any part of this Agreement; b) the subject of a court order or request from a governmental agency or law enforcement; or c) otherwise unlawful, unethical, immoral, or improper for the childer community, as determined by childer in its sole discretion.
13. Intellectual Property
13.1 All content on the Website is owned by or licensed to childer. Subject to this Agreement, childer grants you a non-exclusive, non-transferable, non-sublicensable license to access and view the Website and to make a reasonable number of copies of the content on the Website solely for your own personal and non-commercial use. All rights not expressly granted herein are reserved to childer and its licensors. Other than as expressly provided above, you may not display, reproduce, distribute, modify, sell or otherwise use any materials or content on the Website, and all such content is provided on an AS IS basis.
13.2 The trademarks, logos, service marks, trade names, graphics, page headers, button icons, scripts and other designs that are displayed on the Website are owned by childer and/or its affiliates or their third party licensers and may not be used unless authorized by the trademark owner. Nothing in the Agreement or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of childer's trademarks displayed on the Website, without our prior written permission in each instance. childer's intellectual property may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion. All goodwill generated from the use of childer's intellectual property will inure to our exclusive benefit.
14. Contact, feedback and complaints
14.1 If you need to contact us with any feedback and/or complaints please click on our "contact us" for our contact details. We value hearing from our users, and are always interested in learning about ways we can improve our Service.
14.2 By providing your feedback you agree that you are giving up any rights you have to your feedback so that we may use and allow others to use it without any restriction and without any payment to you.
15. Disputes with Us
15.1 If you are upset with us, please let us know and hopefully we can resolve your issue. If we are unable to resolve the issue, these rules will govern any legal dispute involving our Services:
15.1.1 Governing Law. childer's local laws govern the Terms of Service. The local laws are dependent on the location of incorporation. These laws will the apply no matter where in the world you live.
15.1.2 You agree that any dispute or claim arising from the Terms will be settled by arbitration where possible. Judgement on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. Any decisions made by the arbitrator will be deemed final.
16. Disputes with Other Users16.1 In the event that a dispute arises between you and another member or third party, childer encourages you to contact the member or third party to resolve the dispute amicably.
16.2 childer reserves the right, but has no obligation to monitor and / or manage disputes between you and other members of the Website. If you have a dispute with one or more members, you release childer, its affiliates and subsidiaries, and its respective officers, directors, employees and agents from claims, demands, and damages for every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes with one or more members, or an outside party. childer will only become involved in conflicts between members if we are requested to do so and the matter arising meets the requirements stated in our policies.
16.3 You may also report member-to-member disputes to your local law enforcement or a certified mediation or arbitration entity, as applicable.
17. Limitation of Liability
17.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT CHILDER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF PROFITS, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF CHILDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, DIRECTLY OR INDIRECTLY RESULTING FROM OR RELATED TO YOUR USE OF THE SERVICES OR WEBSITE, INCLUDING BUT NOT LIMITED TO ANY THIRD-PARTY ACTION RELATED TO THE SERVICES OR WEBSITE.
17.2 SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY SOME OF THE ABOVE LIMITATIONS SET FORTH MAY NOT APPLY TO YOU.
17.3 IF CHILDER IS FOUND LIABLE TO YOU OR ANY THIRD PARTY, SUCH LIABILITY IS LIMITED TO THE GREATER OF A) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES WHICH YOU PAID TO CHILDER IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR C) $200.00 NZD. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS SERVICE.
18.1 You agree to defend, indemnify, and hold harmless childer and its affiliates, and their directors, officers, employees, subsidiaries, stockholders, and agents, from and against all claims, demands, liabilities, costs, losses and expenses, including reasonable attorney's fees, arising from your use of the Services or Website or your breach of the Agreement, including any dispute with another member or claim from a third party. childer may elect to assume the defense and control of such a claim and, in such a case you agree to cooperate with childer in the defense of such a claim and to reimburse childer for all reasonable expenses and fees incurred in the course of defending such a claim.
2. Information collected or received
2.1 To use our platform to transact, you will need to provide us with a valid email address. Depending on the services you choose, we may collect additional information, for example: If you are a seller, we will collect additional information such as payment information, contact number and an address. Please note that for security and performance reasons, such content may need to be accessed by internal personnel from time to time.
2.2 Your username is publicly displayed. Other people may see the date you joined; ratings, reviews and related photos for items you are selling or have sold; your profile information; items you listed for sale.
2.3 We use technologies such as cookies, clear gifs, log files and flash cookies for several purposes, including to help understand how you interact with our site and services, in order to provide a better experience. The information we collect may include, without limitation, your Internet Protocol (IP) address, computer/mobile device operating system and browser type, type of mobile device, the characteristics of the mobile device, the address of a referring web site (if any), and the pages you visit on our website and mobile applications and the times of visit.
2.4 We automatically receive and record information (for example: an email address or IP address, cookies, and data) about a person who is not yet registered in connection with certain features.
2.5 We may contact Buyers / Sellers to confidentially request more information about their items listed on the Site, to request that certain changes be made to their listing or to ensure compliance with our rules and applicable law.
2.6 When you connect to us or register an account using an external third-party application, such as Facebook using an application programming interface (API), you will be granting us permission to receive information from these third-party applications. You can also choose to share some of your activity to certain social media networks which are connected to your account.
3. Uses and Sharing
3.2 We generally use your information to provide and improve our services and products, for billing and payments, for identification and authentication, for targeted online and offline marketing, to contact members or interested parties, and for general research and aggregate reporting. For example, we could use your feedback to improve our services; we use data analytics and work with certain third-party service providers for targeted online and offline marketing; and of course, we use your email address to communicate with you. We also partner with service providers and other third parties that collect, use, promote, and analyse information about our marketplace.
3.3 As part of the buying and selling process, we will facilitate the sharing of information between the two users involved in the transaction, such as the other buyer’s email address, shipping address, and payment information. By making a sale or a purchase on childer you are directing us to share your information in this way. We expect you to respect the privacy of the member whose information you received. Your ability to use this information extends to all marketplace related communication or for any transaction related communications. You have not be granted the ability to use the information for unsolicited commercial messages or unauthorised transactions. Without express consent from that person, you must not add any user to your email or physical mailing list or misuse any user’s personal information.
3.4 We may use your information to contact you. Primarily, these messages are delivered by email or by push notifications, and every account is required to keep a valid email address on file to receive messages. We may contact you by telephone to provide support or for transaction related purposes.
3.5 Some messages from us are service-related and required for users. Examples of service-related messages include an email address confirmation/welcome email when you register your account, notification of an order, and correspondence with the site. You may not opt out of receiving service-related messages from us, unless you close your account.
3.6 We may release your personal information to a third party in the following circumstances: to protect, establish, or exercise our legal rights or defend against legal claims or where such disclosure is necessary to comply with the law, such as investigations into illegal activities.
3.7 We may share demographic information with business partners, but it will always be aggregated and anonymised, so personally-identifiable information is not revealed.
4.1 We are both a marketplace and a community. We offer several features that allow users to communicate in public such as reviews or private means such as contacting the seller. Please use common sense and good judgment when posting or sharing your personal information with others. Be aware that any personal information you submit there can be read, collected, or used by others, or could be used to send you unsolicited messages. You are responsible for the personal information you choose to post.
5.1 The security of your personal information is important to us. Your account information is protected by a password. It is important that you protect against unauthorised access to your account and information by choosing your password carefully, and keeping your password and computer secure, such as by signing out after using our services.
5.2 We encrypt sensitive information (such as credit card numbers) using secure socket layer technology (SSL) which id handled by our payment processing partners. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. Your payment information is safe even from us.
5.3 Unfortunately, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to protect your personal information, we can't guarantee its absolute security.
6. Data Retention
6.1 We will retain your information only for as long as is necessary to provide you services. If you no longer want us to use your information to provide you services, you may close your account. We will retain and use your information to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
7. Changing Data
7.1 As a user, you can access, correct, change, and delete certain personal information associated with your account by visiting your account settings.