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:
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.
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, misrepresent the item's location, or use 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 to 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.
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 on 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.
WAY does not control the Content provided by users that is 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 pretense.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, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS PROVIDE WAY MARKETPLACE'S WEB SITE 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.
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.
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
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.
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.
DISCLOSURESThe services hereunder are offered by WAY Marketplace Limited.
CONTACT INFORMATION Questions about the Terms of Service should be sent to us at firstname.lastname@example.org