TERMS & CONDITIONS
Welcome to Whai, these terms and conditions are intended to help keep Whai a safe place to shop.
1.1 Acceptance of terms and conditions: The terms and conditions are the terms on which Whai Limited offers you access to the Services and the Website. By registering as a member of Whai you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Services.
1.2 Amendment of terms and conditions: As Whai operates in a changing commercial, technological and regulatory environment, we may amend these terms and conditions from time to time. We will communicate all changes by Site Announcement. Occasionally, we may make urgent changes, but will generally give you at least two weeks’ notice to review these changes. We may also seek your feedback on proposed changes directly via email. Unless otherwise stated, 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.
These terms and conditions were last updated 02 January 2018.
1.3 Terminology: In these terms and conditions, the following expressions have the meanings set out:
'item', 'items' means goods or property that may be bought or sold through the Whai;
'member' means a registered member of Whai;
'Member Service(s)' means a trade or business service that has been advertised by a Whai member in the Services Category;
'Services' means any one or more of the services offered by Whai Limited, from time to time, including listings and any other service that Whai may offer;
'we', 'us' and 'our' are a reference to Whai Limited;
'you' and 'your' are a reference to you;
'Website' means any Whai website through which the services are offered;
'listing' means a listing on the Website through which you buy, sell or advertise any item;
'seller' ‘retailer’, ‘retailers’, ‘vendors’ includes any person placing a listing.
2.1 The Services: Whai provides a venue to allow vendors to list items. Whai does not take any part in the sale of items other than by providing our Website as a venue for members. If an item is purchased, a contract of sale will be formed between the buyer and the seller directly. We do not act as agent for either party and do 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.
2.2 At your own risk: Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that Whai takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretenses or who attempt to defraud you. Whai gives no undertakings, representations, or warranties in relation to items sold or listed on the Website, or Member Services advertised or offered through the Services Category including:
about ownership of any item;
as to the content, safety, description, worthiness, quality, or legality of the items 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; or
about the ability of members to complete a transaction, including credit card transactions.
2.3 Disclaimer: You expressly understand and agree that:
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, Whai 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;
where Member Services are offered in the Services Category, Whai 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;
Whai 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;
no advice or information that is obtained by you from Whai or anyone else shall create any warranty by Whai that is not expressly stated in the terms and conditions; and
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 Whai's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
while Whai may facilitate payment for some items by credit card, Whai is in no way involved in the transaction itself, and responsibility for any refund rests with the seller.
while Whai has systems in place to reduce the risk of credit card fraud, Whai is not responsible for protecting members from credit card fraud. Whai's fraud protection systems may from time to time block legitimate credit card payments.
2.4 Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Whai 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. Whai'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.
2.5 Indemnity: 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 sale or attempted sale of an item prohibited under clause 4.2(f), or arising out of any content or item you submit, post, transmit, or make available through the Services.
2.6 Breach: Without limiting any other rights and remedies available to Whai, Whai may limit your activities on the Website, remove your listings or other content, 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, in particular, your obligations under Clause 4, or where Whai considers it appropriate.
3.1 Becoming a Member: 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. You must be at least 18 years old. By registering as a member, you warrant that you can form a legally binding contract.
3.2 Accurate Information: 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 Whai to ensure it is kept current at all times. Whai 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 Whai's discretion, you may create a business membership in addition to your personal membership.
3.3 Termination of membership: Whai reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, Whai 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 behavior to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled. When limiting your activities on the Website Whai may consider offsite conduct such as prior criminal convictions, insolvency, or any other conduct that puts our community or systems at risk. In the event of termination, you also agree that you will not open or attempt to open any new Whai memberships. You may at any time close your Whai membership by giving us three days' notice in writing. If you close your membership, or if it is terminated by Whai, your ability to use the Whai website will end. To the extent that you continue to access the site, clauses 2.2-2.5, 4.1 and 6.8 of these terms continue to apply.
3.4 Security of your login information: 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
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.
3.5 Emails and newsletters: Whai will send you emails relating to your membership, transactions and other activities on the Website, and for promoting and marketing other Whai products and Services to you. Whai 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, sales or communications made through Whai 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.
You may not use a robot, spider, scraper or other unauthorized 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. Store information and contact information can be listed on your store profile.
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.
You must list in New Zealand dollars and include GST in the price. All tax obligations are the responsibility of the seller and/or the buyer (as the parties determine).
You must not complete a transaction outside of the Whai process or otherwise seek to avoid Whai's fees. Attempts by you to avoid fees, including through multiple memberships, premature sales withdrawal, or otherwise, may result in Whai suspending or terminating your membership at the discretion of Whai.
You must not use the Services or the Website to promote items for sale outside the Services.
You are responsible for any actions taken through your membership. Whai memberships are not transferable and therefore cannot be sold, leased, lent or traded without specific written authorization from Whai.
4.2 Your obligations as a seller
Sellers must be located in New Zealand. Sellers outside of New Zealand are not permitted to sell on Whai, unless specifically authorized in writing by Whai. Sellers should not send items to an address that is outside New Zealand.
You will only enter listings that are accurate, current, complete, and include all relevant information about the terms of sale, payment terms, shipping methods and who bears the cost of shipment. You must list an item in one category only which must be the most appropriate category for your item.
You will only place listings for items that exist, are to be sold, and that you are legally entitled to sell. Items you no longer possess must be removed from Whai. You will only list items that are in your possession, except where Whai has approved otherwise in writing.
All listings must comply with New Zealand law. 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, items 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(f). You agree that Whai 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(f) 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 an item for auction on Whai, you should do so with the intention of selling this item through the site.
Your listing may not contain a URL within the description. You must not use Whai 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 items that are of a speculative nature including, but not limited to, pyramid or similar schemes.
You will only list adult rated content (videos, magazines, DVD's, etc.) in the Adult category. Adult content listed in non-adult categories will be removed or moved to the Adult category.
Listings are not pre-screened for content. Whai 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 provided to the buyer when an item is purchased.
You must promptly forward the listed item to the successful buyer on completion of the transaction within 5 business days.
You must not charge unreasonable amounts for shipping and packaging costs.
The sale of films, videos, DVDs, VCDs and laser disks is covered by the Films, Videos and Publications Classification Act 1993. It is an offence to sell any of these items if they have not been examined and classified by the appropriate agencies. When listing these items for sale, you must include within your listing, the New Zealand classification rating and all information on the classification label.
The sale of firearms and ammunition remotely on Whai is prohibited.
To help maintain quality listings, Whai reserves the right to suspend sellers who list over 500 auctions per week where the sell through rate of these auctions averages less than 10% over four weeks. Sell through rate is calculated as the auctions sold divided by auctions listed.
Any listings listed using “Sell Through Whai” must also meet all obligations within this section (4.2)
4.3 Your obligations as a buyer
You must be located in New Zealand to buy on Whai. People outside of New Zealand are not permitted to purchase items on Whai.
If you are notified that your purchase has been successful, you must complete the transaction in the manner specified. By making a purchase, you warrant and represent that you have the legal right to enter into and complete the transaction.
You must make full and prompt payment for any item you buy.
You agree to your email and delivery address being provided to the seller when you purchase an item.
You will receive a warning from Whai if a seller complains about you. After 3 such complaints, Whai may suspend or terminate your membership.
You must only access the Adult category if you are at least 18 years old.
If you wish to obtain a refund for an item, you understand that in order to be eligible for a refund, in addition to meeting all other requirements, you must:
have attempted in good faith to resolve the dispute with the vendor first;
contacted Whai within 30 days of you buying the item and co-operate fully and reasonably with Whai's staff and the seller; and
returned the item in materially the same or similar condition as when you received it (with original packaging) to the seller’s address, if you claim that the item was materially different from what the seller described in the listing.
5.1 Whai Listing Fees and Success Fees
Whai charges fees for the use of the Website as a venue.
Whai's current fees are listed on our fees page.
Any non-commission listing fees are charged to the vendor and are not refundable. Whai may (at our sole discretion) refund a commission or success fee charged on member purchases if the sale is not successfully completed, provided that a member follows our defined refund process. Whai may only issue refunds in the form of credit to the Whai account of the vendor. Cash refunds will not be issued. Credits on accounts with Whai are not transferable between members.
Whai 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. Unless otherwise stated in these terms and conditions, no interest or other financial charges will be applied to Whai account balances.
Whai reserves the right to investigate queries regarding the refund of success fees with bidders, other members and any other relevant party.
Before listing an item, you should review Whai's fees to ensure you are aware of the fees that you will incur.
You must pay the fees immediately upon demand by Whai.
6.1 System Integrity: Whai will use its reasonable endeavors to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, Whai takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, Whai assumes no responsibility for the corruption of any data or information held by Whai.
6.2 Resolution of disputes: As Whai is not a party to any sale or transaction between you and a vendor, you agree not to involve, or attempt to involve, Whai in any dispute or in the resolution of disputes that arise between you and another member as a result of the Services provided, other than as provided in clause 4.3 i (i). If you wish to take Disputes Tribunal (or other) proceedings against a member or vendor, you can contact Whai for a statutory declaration form, which must be completed before we will consider releasing anyone else's information to you. You may only request contact details for the sole purpose of making a claim.
6.3 Force Majeure: Without prejudice to clause 2.3(a), Whai has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of Whai to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Whai.
6.4 No Waiver: 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.
6.5 Partial Invalidity: 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.
6.6 Governing Law: 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.
6.7 Intellectual Property Rights: Whai (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
Commercialize, copy, or on-sell any information, or items obtained from any part of this Website.
6.8 Entire agreement: 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.