Terms & Conditions. 

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes payable as a result of your activity on the Site. In addition, you agree to abide by WAY policies as stated in this Agreement and listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by WAY, each of which is incorporated herein by reference and each of which may be updated by WAY from time to time without notice to you:

Terms of Use
Privacy Policy
Copyright Policy

‍In addition, some services offered through the Site may be subject to additional terms and conditions published by WAY from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference. Feedback: WAY takes feedback integrity seriously. Sellers may offer small incentives for general feedback, however, manipulation and/or bribery is not tolerated. This includes feedback from a related account, offering incentives/bribes in return for specific feedback. WAY team reserves the right to remove any feedback which it suspects has been posted as a result of such manipulation or bribery and may close the seller account to which it relates. Right to Refuse Service: WAY reserves the right to refuse service to anyone at any time. WAY’s services are not available to temporarily or indefinitely suspended WAY members. WAY reserves the right, in WAY’s Marketplace's sole discretion, to cancel unconfirmed or inactive accounts.

Age: Our Services may only be used by members who are 16 years and older, and who are able to form legally binding contracts under applicable law. If you are using our Services, registering with our Website, or creating an account in order to use the Services we provide, you represent and warrant that: (a) you are at least 16 years old, (b) you are located and reside in the New Zealand or Australia; (c) all registration information you submit is truthful and accurate; and (d) if you are a legal or business entity, you are authorised to bind that entity to the Agreement. Individuals under the age of 16 must at all times use our Services under the supervision of a parent or legal guardian who is at least 18 years of age. In any case, the adult is the member and is responsible for any and all activities of any minors.

FEES AND SERVICES are subject to change, are incorporated into this Agreement by reference. Increase to the Features & Fees for WAY’s services are effective after WAY provides you with at least 30 days' notice by posting the changes on the Site. However, WAY may choose to temporarily change the Features & Fees for its services for promotional events; such changes are effective when WAY posts the temporary promotional event on the Site. WAY may decrease the fees as stated in the Features & Fees with no notice to you. WAY may, at its sole discretion, change some or all of WAY’s services at any time. In the event, WAY introduces a new service, the fees for that service are effective at the launch of the new service. Unless otherwise stated, all fees are quoted in New Zealand Dollars. You are responsible for paying all fees and applicable taxes associated with using WAY. WAY keeps accepted payment information in accordance with its Privacy Policy. If fees are due to WAY then we will be invoice the seller for the amount due that month. This amount will be taken automatically by WAY from the seller’s registered PayPal account 2 working days later. Commission on Stripe-funded orders is deducted at the point of sale. When purchasing an item, you agree that you are responsible for reading the item listing description in its entirety before committing to purchase, You also 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 WAY is not a party to the contract, and does not transfer legal ownership of the item from the Seller to you.

SELLERS LISTING AND SELLING
Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with WAY’s published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your listing. Your listings may only include text descriptions, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. You must not list an item more than once unless the item’s listing has naturally expired. If the "in stock" quantity is more than one, all items in that listing must be identical with the only exception being minor variations arising from items being hand-finished which must be included on the listing. Binding Sale: All sales are binding. The seller is responsible for shipping up to the point of delivery or otherwise completing the transaction with the buyer within 20 days unless there is an exceptional circumstance, such as (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased unless there is an exceptional circumstance. Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers are responsible to charge shipping and handling fees to cover the costs for packaging and posting in the listing fee. You may not alter the item's price after a sale for the purpose of avoiding WAY’s Marketplace transaction fees, misrepresenting the item's location, or using another user's account without permission. Trade Information Upon completion of a sale: Sellers will have access to the Buyer's full physical address. As a Seller, you are strictly prohibited from using this personally identifiable information for any purpose other than completing the sale.  

PROHIBITED, QUESTIONABLE AND INFRINGING ITEMS AND ACTIVITIES
You are solely responsible for your conduct and activities on and regarding WAY’s marketplace and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on WAY’s Copyright Policy.
Copyright Policy
Must not breach this Agreement, any site policy or community guidelines, or any applicable law or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)Must not contain items that have been identified as hazardous to consumers Must not link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement or other policy documents as posted on WAY. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. Furthermore, you must not list any item on WAY’s Marketplace (or conclude any transaction that was initiated using WAYs service) that, by paying to WAY a commission fee, could cause WAY to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

CONTENT License: WAY does not claim ownership rights in your Content. You grant WAY a license solely to enable WAY to use any information or Content you supply WAY with so that WAY is not violating any rights you might have in that Content. You grant WAY a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow WAY to store or re-format your Content on WAYl Marketplace and display your Content on WAY l in any way as WAY chooses. WAY will only use personal information in accordance with WAY’s Privacy Policy. By uploading Content to WAY you promise that you own and/or have the right to use such Content in this manner and that such Content does not infringe any third party intellectual property rights. In the event that WAY receives a complaint in respect of any Content posted by you it shall be your sole responsibility to deal with such a complaint and to compensate WAY for any loss suffered. WAY reserves the right to remove any such Content immediately. As part of a transaction, we may obtain personal information, including email address and shipping information, from another WAY user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for WAY’s Marketplace-related communications..Idea Submissions: WAY considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and WAY shall not be liable for the disclosure or use of such Material. If at WAY’s request, any member sends Material to improve the site (for example to customer support), WAY Marketplace will also consider that Material to be non-confidential and non-proprietary and WAY Marketplace will not be liable for use or disclosure of the Material. Any communication by you to WAY is subject to this Agreement. You hereby grant and agree to grant WAY, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the systems, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

INTERACTIONS WITH OTHER USERS AND PRIVATE MESSAGING
Users are solely responsible for interactions with others. Users understand that WAY Marketplace does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person. Messaging is your way to communicate privately with other WAY  Marketplace members. It’s essentially email, but purely for WAY  Marketplace members. Messages are primarily intended for communicating about transactions and orders that are underway. You must not use Messages to send unsolicited advertising or promotions, request samples, loans, donations or "spam”. You must not pass on email addresses or any other information to third parties. Spamming other boutiques in order to ask them to ‘follow’ your own boutiques will not be tolerated. Please use common sense when giving out personal information to others via messaging, for example, don’t send someone your credit card details. You must not use messages to knowingly harass, threaten, blackmail or abuse another member. If someone explicitly tells you not to contact them, you must not use Messages to contact them again, unless you are involved in an open transaction. You must not use Messages to interfere with a transaction. This means…You must not contact another member to buy or sell an item listed on WAY Marketplace outside of the WAY Marketplace site. This may also constitute fee avoidance. You must not communicate with a member involved in an active or completed transaction to warn the member away from a particular buyer, seller or item. As an anti-spam measure, sending too many messages too quickly may auto-disable your account. Contact WAY Team who will review account activity and enable your account if spam-free.

INFORMATION CONTROL
WAY does not control the Content provided by users that are made available on WAY Marketplace. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretence. Other Resources: WAY is not responsible for the availability of outside websites or resources linked to or referenced on the Site. WAY Marketplace does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that WAY shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources or via pop-ups which may appear when accessing the Site from your computer.

RESOLUTION OF DISPUTES AND RELEASE
In the event a dispute arises between you and WAY, please contact WAY. Any dispute arising from or relating to the subject matter of this Agreement shall be subject to the exclusive jurisdiction of the courts of New Zealand. Use of the Site is not authorised in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. Should you have a dispute with one or more users, or an outside party, you release WAY (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.WAY, for the benefit of users, may try to help users resolve disputes, at their request. WAY does so in its sole discretion, and it has no obligation to resolve disputes between users or between users and outside parties. To the extent that WAY attempts to resolve a dispute it will do so in good faith based solely on this agreement and its policies. For transactions completed by PayPal: WAY Marketplace will not make judgements regarding legal issues or claims and all disputes related to financial transactions will ultimately be determined by PayPal.For transactions completed by Stripe: WAY Marketplace will not make judgements regarding legal issues or claims. WAY Marketplace will only intervene when a boutique does not resolve a financial transaction which they are rightfully obliged to, in line with these terms and conditions.10. WAY

MARKETPLACE'S INTELLECTUAL PROPERTY
WAY and other WAY graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of WAY plc and its subsidiaries. WAY copyright, trademarks, service marks, logos, business name, domain name, rights in get-up and trade dress and all other intellectual property rights may not be used, including without limitation 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.11. BREACHWithout limiting any other remedies, WAY may, without notice, and without refunding any fees, delay or immediately remove Content, warn WAY's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply: WAY suspects a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein.WAY is unable to verify or authenticate any of your personal information or ContentWAY believes that a user is acting inconsistently with the letter or spirit of WAY policies and/or this Agreement, has engaged in improper or fraudulent activity in connection with WAY or the actions may cause legal liability or financial loss to WAY Marketplace's users or to WAY Marketplace.12. PRIVACYExcept as provided in WAY Privacy Policy. WAY will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent.13.

NO WARRANTY
WAY, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS PROVIDE WAY MARKETPLACE'S WEBSITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WAY MARKETPLACE, ITS OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM WAY MARKETPLACE SHALL CREATE ANY WARRANTY.14. LIABILITY LIMITING NO EVENT SHALL WAY, AND (AS APPLICABLE) ITS OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, WAY'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.15. INDEMNITY YOU AGREE TO INDEMNIFY AND HOLD WAY MARKETPLACE AND (AS APPLICABLE) WAY MARKETPLACE'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE OR YOUR BREACH OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.16. NO GUARANTEE WAY Marketplace does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside WAY’s control or otherwise.

LEGAL COMPLIANCE AND TAXES
You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Website and Services and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make using the Website and Services. If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties intention. All remaining provisions of this Agreement shall remain in full force and effect.18.

SEVERABILITY
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties intention. All remaining provisions of this Agreement shall remain in full force and effect.

NO AGENCY
You and WAY are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.20.

WAY MARKETPLACE SERVICE
WAY reserves the right to modify or terminate the WAY service for any reason, without notice, at any time. WAY reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If WAY makes a material change WAY will notify you here, by email, by means of a notice on our home page, or other places WAY deems appropriate. What constitutes a "material change" will be determined at WAY sole discretion, in good faith, and using common sense and reasonable judgment.

CHOICE OF LAW
This Agreement shall in all respects be interpreted and governed by the laws of New Zealand.22. SURVIVALSections What is WAY Is A Venue, Membership Eligibility, Fees And Services, Listing And Selling, Prohibited, Questionable And Infringing Items And Activities, Content, Information Control, Interactions With Other Users And Private Messaging, Resolution Of Disputes And Release, WAY Intellectual Property, Breach, Privacy, No Warranty, Liability Limit, Indemnity, No Guarantee, Legal Compliance; Taxes, Severability, No Agency, WAY Marketplace Service, Choice of Law, Survival, Notices, Disclosures shall survive any termination or expiration of this Agreement.

NOTICES
Please note that WAY will deal with all complaints (on valid receipt of your notice) as soon as they can and within a reasonable timeframe. For issues with intellectual property, please provide the notice as specified in WAY Marketplace's Copyright Policy.

disclosures services hereunder are offered by WAY Marketplace Limited.

CONTACT INFORMATION Questions about the Terms of Service should be sent to us at way@waywaywayway.com