MotorcycleAuctions
Terms and Conditions
You agree to this Terms and Conditions, and any changes that MotorcycleAuctions makes to this User Agreement, by becoming a member of MotorcycleAuctions, or by using the MotorcycleAuctions web site.
GENERAL
The motorcycleauctions Terms and Conditions contain the terms on which motorcycleauctions offers you access to the Auction Website and associated services.
You are deemed to accept these terms and conditions by registering on the Auction Website.
If you do not accept these terms and conditions, you must refrain from using the services, including listing items on the Auction Website (motorcycleauctions.co.nz).
Periodic amendments to terms and conditions:
These terms and conditions may be amended in whole or in part by motorcycleauctions from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on the Auction 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.
CONDITIONS OF USE
Motorcycleauctions provides a venue to introduce members who want to buy and sell items.
Motorcycleauctions does not take any part in the sale of items other than by providing the Auction 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. We do not act as agent for either party and do not participate in any sale or transaction between you and other members. As a result, even though some of the services are being referred to as an auction, Motorcycleauctions is not an auctioneer.
Your liability for transactions conducted:
Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that Motorcycleauctions 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.
Motorcycleauctions gives no undertakings, representations, or warranties in relation to items sold or listed on the Auction Website, including:
1. about ownership of any item;
2. as to the, safety, description, worthiness, quality, or legality of the items that are listed on the website;
3. as to the accuracy or truth of listings;
4. that any item will meet your requirements or expectations;
5. about the ability of members to complete a transaction.
No Warranty:You expressly understand and agree that:
1. Your use of the services is at your sole risk. The Auction Website and services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting clause Motorcycleauctions 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;
2. Motorcycleauctions does not warrant that:
3. the services provided will be uninterrupted, timely, secure, or error free; or
4. that any information (including feedback) provided on the Auction Website is error-free or reliable;
5. no advice or information that is obtained by you from Motorcycleauctions or anyone else shall create any warranty by Motorcycleauctions that is not expressly stated in the terms and conditions; and
6. responsibility for the content of advertisements appearing on the Auction Website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the web site does not constitute Motorcycleauctions recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
Indemnity:
You agree to release, indemnify and keep us indemnified 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 completed a transaction, your use of Netbikes' message boards or arising out of any content or item you submit, post, transmit, or make available through the services or the Auction Website.
No liability:
You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Netbikes to you or any other person under or in connection with these terms and conditions, or in connection with the services, the Auction Website, another Member's acts or omissions, or your use of or inability to use, the services or the Auction Website is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Motorcycleauctions 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. In the event that a finding is made against Motorcycleauctions despite the provisions of these Terms and Conditions, the maximum amount recoverable against Motorcycleauctions is limited to the fee charged by Motorcycleauctions for the member to use the Auction Website
Use of Auction Website at sole discretion of Motorcycleauctions:
Without limiting any other rights and remedies available to Motorcycleauctions,Motorcycleauctions may limit your activities on the Auction Website in its sole discretion, including removing your bids or listings, warning other members of your actions, issuing a warning to you, suspending or terminating your membership, or refusing to provide our services to you if you breach these terms and conditions or where Motorcycleauctions considers it appropriate.
Membership information
1 You agree to keep your membership information, including email address, residential address, and telephone number, current at all times.
2 You agree not to allow any other person to use the MotorcycleAuctions web site using your account and Member Name.
3. Each person or business may have only one membership of MotorcycleAuctions. Businesses requesting membership may be required to provide evidence of or proposal for business.
4. You may not include or provide your membership details (including your email residential address, phone number or other method of contact) on your profile, your listings, and your feedback.
Selling at MotorcycleAuctions
If you offer items for sale on MotorcycleAuctions you agree that:
1. All prices stated are in New Zealand dollars and include GST if applicable;
2. You are legally entitled to sell the items you are offering for sale;
3. Your item description is accurate and complete, and includes all relevant information about terms of sale including shipping and payment information;
4. Your item description is not inaccurate, misleading or fraudulent;
5. Your item description or item for sale does not Infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights;
6. You will state in a listing if an item is not in your direct possession, and provide an estimated delivery time to New Zealand;
7. You will offer items for sale in the appropriate categories, and will not offer adult rated items in any category other than the Adult category;
8. You will not offer for sale five or more identical items at any one point in time;
9. Your item descriptions will not include references to other web sites where similar items are offered for sale, or contact details are provided for a seller of similar items;
10. You intend to sell the items to the highest bidder via MotorcycleAuctions if the reserve price is met;
11. You are willing to accept payment to a New Zealand bank account as one of your payment options if you live outside of New Zealand;
12. You will not attempt to manipulate the bidding on an auction by shill bidding, or by assuming multiple identities;
13. You will not offer items to another bidder unless contact with the winning bidder cannot be made within a reasonable time, or the winning bidder fails or declines to comply with the terms of sale stated in the item description of your listing;
14. You will not charge unreasonable amounts for shipping and handling; and
15. When listing films, videos, DVDs, VCDs, laser discs and videogames for sale, you will include within your listing the New Zealand classification rating and all the information on the classification label.
Buying at MotorcycleAuctions
When buying an item on MotorcycleAuctions you agree that:
1. By buying an item, you warrant that you have the legal right to enter into and complete the transaction;
2. Your bids are an irrevocable offer to buy the item at the bid price entered;
3. If your bid is successful, you must complete the transaction in the manner specified in the listing’s item description;
4. Your Member Name and the amount of your bid will be shown on the MotorcycleAuctions web site; and
5. You will not bid on an auction that belongs to any person that is personally known to you with the intention of increasing the current price of that auction.
Feedback
When placing feedback you agree that you will not place feedback that:
1. violates any New Zealand law;
2. contains another member's contact information; or
3. contains insults, profanity, vulgarity, hate speech, disruptive, or hostile comments, or threats of violence.
Fees
1. MotorcycleAuctions charges fees for the use of the MotorcycleAuctions web site as a venue.
2. Fees for extra listing options are charged when items are listed, and are only refundable if the refund process is followed and MotorcycleAuctions accepts that a refund is appropriate in the circumstances.
3. Success fees are charged if an item successfully sells and are only refundable if the refund process is followed and MotorcycleAuctions accepts that a refund is appropriate in the circumstances.
4. Fees are deducted from your MotorcycleAuctions account.
5. Refunds will be credited to your MotorcycleAuctions account.
6. All fees paid by New Zealand resident members include GST and are in New Zealand dollars.
7. All fees paid by members who are not New Zealand residents do not include GST and are in New Zealand dollars.
Accounts
1. MotorcycleAuctions accounts may not be used to pay for items purchased using the MotorcycleAuctions web site.
2. A negative account balance must be settled immediately. In the event of any failure by you to settle a negative account balance you are liable for all reasonable expenses (including legal fees) incurred by MotorcycleAuctions.
3. If your membership is terminated by MotorcycleAuctions, or you choose to terminate your membership, MotorcycleAuctions will refund the balance of your credit account less a $5 processing fee to a nominated New Zealand bank account. Account balances of $10 or less will not be refunded.
If you do not comply with this User Agreement MotorcycleAuctions may, without notice or warning, limit your activities on the Buying at MotorcycleAuctions
