Terms & Conditions
last updated: 21 July 2009
Thank you for visiting www.sella.co.nz (the Website). This page states the terms and conditions on which the Website may be used (Terms). Please read these Terms carefully. By accessing and using the Website you agree to be bound by these Terms. If you do not accept these Terms, do not use the Website.
1. Intended Meanings for certain Words
In these Terms, the following words have the meanings set out as follows:
“Buyer” means any Registered User who has offered to purchase or otherwise transact with a Seller for any Goods, Services or Vacancies advertised by the Seller on the Website and who the Seller has agreed to transact with.
“Buy Now Price” means that price (if any) at which the Seller has specified that the bidding process can be bypassed.
“Verifications” means the indications given by us that any email, address, mobile phone number and/or alternative contact phone number (as applicable) have, at the date indicated, been checked by us.
“Goods” means any goods (including but not limited to property and motor vehicles) that we do not prohibit from being advertised on the Website.
“Registered User” means a user that has completed our registration process.
“Seller” means any user who advertises any Goods, Services or Vacancies on the Website.
“Price Only Goods” means Goods that the only term to be finalised is a price.
“Services” means any services that we do not prohibit from being advertised on the Website.
“Store” means any store that we may allow to be registered on the Website.
“user” means any user of the Website.
“Vacancies” means any vacancy (including but not limited to job vacancies and properties or rooms to let) that we may allow to be advertised on the Website.
"we”, "us" and "our" are a reference to Sella Limited
"you" and "your" are a reference to you.
2. Operation of Site
2.1 The Website is intended as a venue where Registered Users can advertise and/or locate Goods, Services or Vacancies. Once a Buyer and Seller to a transaction have been identified we will where necessary provide relevant contact details of the parties to each other but will not play any other role in the transaction. We are not acting as agent for either the Buyer or Seller and are not acting as an auctioneer.
2.2 If you enter into any transaction having located the other party on our Website, this is a transaction that you enter into directly with the other party (and independent of us). Therefore any such transaction you enter into is entirely in reliance on your own judgement and inquiries. Any statements, warranties or representations made to you or to any other person by the other contracting party are not made by or on behalf of us.
2.3 Some Goods will be offered in a manner where users can bid for those Goods and the price (if it passes any stated minimum price) will be determined by the highest bid.
3.1 To advertise and seek Goods, Services or Vacancies on the Website, or to use any other function offered on the Website you must be a Registered User. As part of registration a user must provide the information we require and agree to these Terms.
3.2 In becoming a Registered User you will provide us with certain information. You confirm that this information is current, complete and accurate at the time you provide it, and you agree to maintain and update the data as required to keep it so.
3.3 We may use the information provided by you on registration to verify the accuracy of that information (including using the information to contact you).
3.4 sella may send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the sella Newsletter mailing list.
3.5 You must be 18 years or older and a New Zealand or Australian resident to become a registered user.
4. Conduct of Users
4.1 You will not post or transmit any software, data, information, pictures, graphics and other material (Content) on the Website that:
- is or is reasonably likely to be defamatory, offensive, upsetting, obscene, or that we may advise from time to time that we reasonably consider to be in any way objectionable;
- without limiting clause 4.1(a), is or is reasonably likely to be unsuitable for persons under the age of 18 years unless the Content is posted or transmitted in the R18 section (if any is established);
- infringes the intellectual property rights of any person;
- you know or suspect to be false or misleading;
- contains any virus or other destructive component;
- is included in our Banned & Restricted Items lists;
- is prohibited by or violates any applicable law; or
- otherwise breaches the Terms.
4.2 You will not do any of the following (either directly or indirectly) while using the Website:
- defame, abuse, harass, stalk, threaten, breach the confidence of or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- impersonate any other person, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a posted file;
- hack into any part of the Website;
- commit or encourage a criminal offence.
- disrupt an exchange of information between users or otherwise act in a manner that negatively affects other users;
- transmit any unsolicited advertising, promotional materials or any other forms of solicitation, unless expressly authorised by us;
- breach any applicable law or regulation; or
- engage in any other conduct that we may advise that we consider (in our absolute discretion) breaches the Terms or is otherwise inappropriate for the Website.
4.3 You will ensure that any use you make of the Website will be made in good faith and that you use the Website in accordance with the Code of Conduct.
4.4 You must ensure that any password you have as a Registered User is kept secure and confidential and not revealed to any other person. Any instruction issued using your password will be deemed to be an instruction by you and may be acted upon accordingly until you notify us otherwise. You agree to notify us immediately of any unauthorised use of your password or any other breach of security. Upon your notification we will cease to rely on that password.
4.5 You waive any claim against us in respect of or arising from any reliance by us upon any use of your password, including us disclosing information relating to your registration and/or affairs with us.
4.6 Where you are a Buyer or Seller in a transaction you agree that we may disclose your email address to the other party in that transaction. You also agree that we may disclose your telephone number to other users where you have ticked the relevant box allowing Sella to do so.
5.1 Where you choose to advertise Goods, Services or Vacancies on the Website you will ensure that the information about the Goods, Services or Vacancies is accurate, correct and that you have all the necessary rights to advertise (and where relevant sell) those Goods, Services or Vacancies at the time the information is posted and for the period it remains on the Website.
5.2 You must intend to sell or provide the relevant Goods that you advertise or offer on the Website. Therefore you should not advertise or offer the same items through an alternative forum at the same time as listing on the Website.
5.3 Where Goods, Services or Vacancies advertised by you on the Website are no longer available or the information relating to them is no longer correct, you will remove or correct the information.
5.4 To the extent that any information you post is or becomes incorrect, you will indemnify us against any loss, costs, liability or damages we may suffer as a result of this.
5.5 All prices advertised and/or agreed by you must be stated in New Zealand dollars and where applicable must include GST in the price.
5.6 Where you are advertising Goods and the price for them is to be determined by way of bid:
- You must not in any way influence that bidding process through shill bidding (where you or an associate of yours assumes the manner of a buyer to drive up the sale price) or any other way whatsoever;
- If you specify a Buy Now Price you will:
- before that price is offered and before any bids are placed remove the Buy Now Price if you no longer wish to sell at that price; or
- discontinue the bidding process and sell to any Registered User that offers that price.
- You must set out the period within which you will accept bids (“Listing Duration") and the minimum price (if any) that you will accept for the Goods (“Reserve"). If you do not set a minimum price you will be deemed to have indicated a minimum price of $0;
- If a Registered User has selected any Buy Now Price specified by you, or at the end of any listing duration has offered a price which exceeds your Reserve:
- And the Goods are Price Only Goods then the Registered User who offers that Buy Now Price or the highest price (as applicable) shall be the Buyer and a binding agreement shall exist between you and the Buyer for you to sell the Price Only Goods to that Buyer;
- And the Goods are not Price Only Goods then you will negotiate the other terms of sale in good faith with the Registered User who offers that Buy Now Price or the highest price (as applicable).
5.7 Where you are advertising Goods and the price for them is set out in the advertisement, then if a Registered User offers that price:
- And the Goods are Price Only Goods then the Registered User who makes that offer shall be the Buyer and a binding agreement shall exist between you and the Buyer for you to sell the Price Only Goods to that Buyer.
- And the Goods are not Price Only Goods then you will negotiate in good faith the other terms of sale with the Registered User who makes the offer.
5.8 You agree to receive any communications from other Registered Users for the purposes of allowing them to obtain further information about the Goods, Services or Vacancies advertised.
5.9 If a binding agreement for the sale of Goods is reached between you and a Buyer, you will complete that transaction and deliver the relevant Goods in the manner agreed with the Buyer.
5.10 All Goods sold through the website must be sold free from any security interest.
5.11 We may from time to time set out on the Website criteria that you must comply with when advertising Goods, Services or Vacancies. You will ensure that any advertisement and any subsequent sale of Goods or fulfilment of Services or Vacancies by you comply with this criteria and any relevant law. (The relevant law includes without limitation the laws relating human rights (see Human Rights Commission), property (see New Zealand Law Society Guide), motor vehicles (see Motor Vehicle Regulations and Motor Vehicle trader Register), films, videos and DVDs (see Selling Imported DVDs), alcohol (see Liquor Licence Information) and firearms (see Police Arms Code (PDF format)).
5.12 Where you provide content for inclusion on the Website (“Seller Content”) you:
- grant us a perpetual, royalty-free, non-exclusive, irrevocable, world-wide licence to include that Seller Content on the Website; and
- warrant and represent that you are the owner or licensee of such Content and that you have the right to upload such Content and grant the licence set out in clause 5.12(a).
6. Buying /Seeking
6.1 Where you offer to buy Goods through the Website you will ensure that the information you provide in that offer is accurate, correct and that you have all the necessary rights to buy those Goods.
6.2 Where the price for Goods is to be set by a listing duration then:
- The Listing Duration will automatically extend by two minutes if a bid is placed within the last two minutes of the Listing Duration. You must be the final person to place a bid before the Listing Duration closes to have the winning bid.
- If you make a bid that bid shall not be retractable. If you wish to remove any leading bid you make you may contact the Seller and request that your bid be removed but that Seller is under no obligation to remove your bid.
- We may disclose your username and the amount of your bid on the Website.
- If a Seller specifies a Buy Now Price you understand that the Seller may:
- if that price has not been offered and no bids have been placed, remove the Buy Now Price if they no longer wish to sell at that price; or
- discontinue the bidding process and sell to any Registered User that offers that price.
- If you have selected the Buy Now Price or, at the end of any Listing Duration you have offered a price which exceeds the Reserve and is the highest bid:
- And the Goods are Price Only Goods then you shall be the Buyer and a binding agreement shall exist between you and the Seller for you to buy the Price Only Goods from the Seller.
- And the Goods are not Price Only Goods then you will negotiate the other terms of sale in good faith with the Seller.
6.3 Where you make an offer for Goods and the price for them is set out in the advertisement, then if:
- the Goods are Price Only Goods then you shall be the Buyer and a binding agreement shall exist between you and the Seller for you to buy the Price Only Goods from the Seller;
- the Goods are not Price Only Goods then you will negotiate in good faith the other terms of sale with the Seller.
6.4 If a binding agreement for the purchase of Goods is reached between you and a Seller you will complete that transaction and pay for them in the manner agreed with the Seller.
6.5 Stores may (subject to our prior approval) offer you the choice to use the Quick Pay facility to purchase their Goods and Services. If you are purchasing from an approved Store using the Quick Pay facility and wish to use a credit card you acknowledge that by providing us with your credit card number you authorise us to charge that credit card for the amounts stated on the applicable payment page and that once payment is authorised such payment is final. You also warrant that any credit card, the details of which are provided through your log-in, you are authorised to use and that we are entitled to assume it has been authorised by you and act upon it accordingly, until you notify us otherwise. If, for any reason, we do not receive payment for any amounts that you have authorised to be paid, you agree to pay such amounts immediately on demand by us. If you make a credit card payment and there is a subsequent dispute in relation to the relevant Goods or Services between you and the Seller, you agree to resolve such dispute directly with the Seller (including any refund of payment made) and you acknowledge we will not be a party to any such dispute.
7. Fees & Accounts
7.1 Sella Listing fees
- Sella charges fees for the use of the Website as a venue.
- Sella's current fees are listed on our fees page in the help section.
- Fees for extra listing options are charged when items are listed, and are only refundable if the refund process is followed and Sella accepts that a refund is appropriate in the circumstances. Sella will only issue refunds in the form of credit to the Sella account of the member. Cash refunds will not be issued. Credits on accounts with Sella are not transferable between members.
- Sella reserves the right to change the fees charged for any of our Services at any time, any changes will be immediately reflected in the fees page. 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.
- Fees are deducted from your Sella account.
- All fees paid by New Zealand resident members include GST and are in New Zealand dollars.
- All fees paid by members who are not New Zealand residents do not include GST and are in New Zealand dollars.
- Before listing an item, you should read Sella's fee page to ensure you are aware of the fees that you will incur.
7.2 Sella Accounts
- Sella accounts may not be used to pay for items purchased using the Sella web site.
- 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 Sella.
- If your membership is terminated by Sella, or you choose to terminate your membership, Sella 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. Promotional giveaways of Sella credits, bonus credits, or any free credits gifted to the member on registration will not be refunded.
- If you have not signed into Sella for a period of 24 months any unused balance on your Sella account is forfeited to Sella and your membership suspended.
8. Intellectual Property
8.1 You acknowledge that we are the proprietor or the authorised licensee of the copyright, trade marks and all other intellectual property rights (IP Rights) in any Content displayed or available through the Website. Except for any Seller Content that you own no Content may be reproduced, published or transmitted without our prior written consent.
8.2 You will remove or cease any link upon our request.
You or we may terminate this agreement and your registration at any time for any reason (including without limitation, a failure by you to comply with any of these Terms). Once terminated, you may not access the Website in any manner or for any reason without our express written consent.
10. No Endorsements/Your Risk
10.1 Much of the Content relating to Goods, Services or Vacancies including descriptions, reviews and opinions, is developed and/or provided by third parties including sellers of goods or services and advertisers of jobs and flats and other users on the Website (“Third Party Content”) and will not have been prepared by us. As a result, subject to clause 14.1:
- do not endorse, warrant or make any representation about any Third Party Content transmitted via or posted on the Website and you acknowledge that we have not independently verified any of the information contained in the Third Party Content.
- we take no responsibility for the Third Party Content or for any inaccuracy or omission contained in it.
10.2 Where we indicate the Verifications of a Registered User you acknowledge that we have merely carried out the following process:
- In the case of email validation we have sent the Registered User an email to their registered email address. If the Registered User replies to the email we have taken this as validation that it is an email address controlled by them;
- In the case of address validation we have sent the Registered User a letter with a unique code to their registered address. When the Registered User enters that unique code in their account on the Website we have taken this as validation that they are contactable at this address;
- In the case of mobile phone verification the Registered User has provided us with a mobile phone number and we have allocated the Registered User with a unique code. When the Registered User sends us a text message with the unique code we have taken this as validation that the mobile phone is controlled by them;
- In the case of phone validation other than by mobile phone we have phoned the Registered User on the phone number supplied by them. If we are able to speak to someone at that phone number who can confirm information provided to us we have taken this as validation that they are contactable at this phone number.
10.3 Any Verification will be date stamped to indicate when the process was carried out. You acknowledge that we cannot be certain that a Registered User is still at the validated address or is still contactable at the validated email address and/or phone number. You should consider carefully (taking into account the process we have outlined, the date of the validation and the value of your transaction) whether you will rely on the information. Subject to clause 14.1, we do not warrant or make any representation about any validation we have provided.
10.4 We do not control and therefore are not responsible for any communication between you and any other user of the Website that may have been initiated as a result of use of the Website.
10.5 The views expressed in Third Party Content may not be our views. While we will endeavour to monitor Third Party Content and exercise editorial control where possible, you acknowledge that you use and rely on the Third Party Content obtained through this Website at your own risk.
10.6 We may at any time:
- refuse to post any Content that we in our absolute discretion consider will breach the Terms or is otherwise inappropriate for the Website; or
- remove Content where we determine (acting reasonably) that the Content breaches these Terms or is otherwise inappropriate for the Website.
10.7 Where Content has been provided by us (“Our Content”) it has been prepared and provided free of charge and solely for informational purposes. Subject to clause 14.1, we do not warrant or make any representation about any Content we have provided for informational purposes.
10.8 You understand and agree that, subject to clause 14.1, any Content downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and that you will be solely responsible for any and all damages to your computer system or loss of data.
11.1 We may at any time and without notice, remove, amend and/or vary any of the Content which appears on the Website or cease operating the Website in whole or in part.
11.2 We reserve the right to change, alter or modify these Terms at any time and will update you of this by updating the “last updated” notice beside the link to these Terms. By continuing to access the Website you agree to be bound by the amended Terms. You should check from time to time to see if these Terms have changed or not.
12. Privacy and Personal Information
12.1 You agree that we may disclose your personal information (including but not limited to your name and contact details) to the relevant authorities and/or the applicable intellectual property rights holders (or their representatives) if we consider you are in breach of clause 4.1(c).
12.2 We may also disclose any information we consider in our absolute discretion we are required to in order to satisfy any applicable law, regulation, legal process or government request.
12.3 Please refer to the Privacy Statement for further conditions relating to your personal information (the terms of such Privacy Statement are incorporated into these General Terms and Conditions of Use).
The Website may include links to other websites not owned by us. If you visit a linked website you will be subject to the terms of that website and any dealing will be solely between you and that other website. These links do not imply our endorsement of that other website or product or service being advertised (as applicable) or any association with their operators unless this is specifically stated on the Website.
14.1 The New Zealand Consumer Guarantees Act 1993 may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified. These Terms must in all cases be read subject to those statutory provisions. However, if you are a business using this Website, then you agree that the provisions of the Consumer Guarantees Act 1993 shall not apply to your use of the Website or your reliance on the Website.
14.2 Subject to the above paragraph you expressly understand and agree that we make no warranties that:
- the Website will meet your requirements; or
- the Website will operate uninterrupted, secure or error–free.
14.3 You agree to indemnify and hold us and our officers and employees harmless from any claims, actions, costs (including legal costs) or losses by us or any third party due to or arising out of:
- reasonable reliance by us or any third party upon any acts carried out, requests made or information provided through the use of your password or credit card (where applicable);
- your failure to complete any transaction that the Website may have facilitated;
- your breach of any of these Terms; or
- any conduct of yours or any transaction entered into by you that does not comply with the relevant law.
14.4 Subject to the clause 14.1, to the fullest extent permitted by law, we exclude all responsibility and liability in relation to the Website and we will not be responsible for errors or misstatements or be liable whether in contract, tort (including negligence) or otherwise for any loss or damage however caused (whether direct, indirect, consequential, special or loss of profits). Where any such liability cannot be excluded then, subject to the above paragraph, Sella Limited limits its liability to a maximum of $50 per event.
We may, at any time, and without the need for further consent from you, assign or transfer all or any of our rights or obligations under this agreement to any person. You may not assign or transfer any of our rights or obligations under this agreement to any other person without obtaining our prior written consent.
If any portion of these Terms is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.
17. Dispute Resolution
Where any dispute arises between you and another Registered User of the Website you agree to in good faith use best endeavours to attempt to resolve the dispute amicably through negotiation or other informal means before pursuing any further formal action. You acknowledge that we will not be a party to any such dispute.
These Terms are governed by and will be construed in accordance with the laws of New Zealand and you submit to the jurisdiction of the courts of New Zealand.
19. Sella Credit Card Information Security Policy
Sella uses the DPS Payment Express Payment Gateway for its online credit card transactions. DPS processes online credit card transactions securely for thousands of merchants globally, providing a safe and secure online payment service.
Payments are processed in real-time
- DPS have bank grade security. All transaction details are stored in their PCI-DSS compliant Data Centre
- DPS Payment Express Software is certified with over 200 banks globally
Click here for more information on secure payment processing
If you have any questions or concerns in relation to the Website or these General Terms and Conditions of Use please Contact Us.
21. Donate to Charity
Please refer to the “Donate to Charity” Terms and conditions for more details.
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