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Stallholder Terms and Conditions

Home > Stallholder Terms and Conditions

Terms of Use for Stall holders

Introduction

Please read these terms of use (“Agreement” or “Terms of Use”) carefully before using the website and services offered by madeintonga.com.

www.madeintonga.com is a subsidiary of Pacific Marketing NZ Ltd

This Agreement sets out the legally binding terms and conditions for your use of the website at www.madeintonga.com (the “Site”) and all services provided on the Site.

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you” or "seller" or "buyer" as appropriate) agree to be bound by this Agreement, including the additional terms and conditions and policies referred to here and/or available by hyperlink.

This Agreement applies to all users of the Site, including without limitation users who are sellers, customers, merchants and contributors of content, information and other materials or services on the Site.

Compliance

You agree to comply with all local laws regarding online conduct and acceptable content.

In addition, you must abide by www.madeintonga.com policies as stated in this Agreement and www.madeintonga.com policy documents 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. In addition, some services offered through the Site may be subject to additional terms and conditions published by www.madeintonga.com from time to time. Your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement.

Password

It is up to you to keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality.

You agree to immediately notify www.madeintonga.com of any unauthorised use of your password or any breach of security.

You also agree that www.madeintonga.com cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.

You agree not to provide your username and/or password information to any other party other than www.madeintonga.com without www.madeintonga.com express written permission.

Account Transfer

You cannot transfer your www.madeintonga.com account and User ID to another party without written permission from www.madeintonga.com. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement. If you sell the business you agree to notify www.madeintonga.com in writing within 5 business days.

Right to Refuse Service

www.madeintonga.com reserves the right to refuse service to anyone at any time. www.madeintonga.com also reserves the right at its sole discretion, to cancel unconfirmed or inactive accounts.

Fees and Services

Any changes to the fees for www.madeintonga.com services are effective after www.madeintonga.com provides you with at least thirty (30) days’ notice by posting the changes on the Site.

www.madeintonga.com may, at its sole discretion, change some or all of www.madeintonga.com services at any time

You are responsible for paying all fees and applicable taxes associated with using www.madeintonga.com

If a stallholder has fees due to www.madeintonga.com then they will be invoiced for that month for the amount due. This amount will be taken automatically by www.madeintonga.com from the stallholders’ account 2 working days later.

If a stallholder fails to pay any fees due they risk penalties such as termination of their www.madeintonga.com account or suspension of their selling privileges.

All fees are exclusive of CT or GST where applicable. In certain circumstances fees will not be subject to CT or GST but you may be liable to indirect taxes in your own country. www.madeintonga.com recommends that you research whether you are liable to declare such taxes to the relevant tax authorities. A valid TIN number is required from Tongan registered stallholders who are CT registered and a GST identification number is required from New Zealand based companies who are GST registered.

     If:

You remain obligated to pay www.madeintonga.com for all unpaid fees plus any penalties, if applicable.

Listing and Selling

By listing an item on the Site you warrant that:

  • You and all aspects of the item comply with www.madeintonga.com published policies; and
  • 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. If the “in stock” quantity is more than one, all items in that listing must be identical (with the only exception being colour/size variations, details of which must be included on the listing).

Binding Sale

All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as:

  • The buyer fails to meet the terms of the seller’s listing (such as payment method), or
  • 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 may charge reasonable shipping and handling fees to cover the costs for packaging and posting the items. Sellers may not charge excessive shipping fees or otherwise avoid fees.

You may not alter the item’s price, misrepresent the item’s location, or use another user’s account without permission.

Prohibited, Questionable & Infringing Items and Activities

You are solely responsible for your conduct and activities on and regarding to www.madeintonga.com 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 www.madeintonga.com

Restricted Activities

Your “Content” and your use of www.madeintonga.com must not:

  • Be false, inaccurate or misleading
  • Be fraudulent or involve the sale of illegal, counterfeit or stolen items
  • Involve the sale of prohibited items defined or listed under CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora)
  • Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary
  • Infringe  intellectual property rights or rights of publicity or privacy
  • Violate this Agreement, any site policy or community guidelines, or any applicable law
  • Violate any regulations (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
  • Contain items that have been identified as hazardous to consumers
  • Be defamatory, libelous, unlawfully threatening or unlawfully harassing
  • Impersonate or intimidate any person (including www.madeintonga,com and users), or falsely state or otherwise
  • Misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
  • Be obscene
  • Contain or transmit any code of a destructive nature that may damage, interfere with, intercept or expropriate any system, data or personal information
  • Modify, adapt or hack www.madeintonga.com or the Site or modify another website so as to falsely imply that it is associated with www.madeintonga.com
  • 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 www.madeintonga.com
  • Contain links to alternative purchasing sites or business sites that aren't part of our advertising program.

Further, you must not list any item on www.madeintonga.com (or conclude any transaction that was initiated using www.madeintonga.com service) that, by paying to www.madeintonga.com, could cause www.madeintonga.com to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use

Content

www.madeintonga.com does not claim ownership rights in your content.

You grant www.madeintonga.com a licence solely to enable www.madeintonga.com to use any information or content you supply www.madeintonga.com with, so that www.madeintonga.com is not violating any rights you might have in that content.

You grant www.madeintonga.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media now known or not currently known, with respect to your content.

You agree to allow www.madeintonga.com to store or re-format your content on the Site and display your content on the Site in any way as www.madeintonga.com chooses.

www.madeintonga.com will only use personal information in accordance with the www.madeintonga.com Privacy Policy.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another www.madeintonga.com user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for www.madeintonga.com related communications. www.madeintonga.com has not granted you a licence to use the information for unsolicited commercial messages.

Without limiting the foregoing, without express consent from the user, you are not licensed to add a www.madeintonga.com user to your email or physical mail list.

By uploading images to www.madeintonga.com, you agree that www.madeintonga.com has the right to use your images to promote www.madeintonga.com and/or your stall in any external press as well as across all www.madeintonga.com websites.

By posting content on the Site, it is possible for an outside website or a third party to re-post that content. You agree to hold www.madeintonga.com harmless for any dispute concerning this use. If you choose to display your own www.madeintonga.com hosted image on another website, the image must provide a link back to its listing page on the Site.

Idea Submissions

www.madeintonga.com 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 www.madeintonga.com shall not be liable for the disclosure or use of such Material.

If, at the request of www.madeintonga.com, any member sends material to improve the Site (for example through forums or to customer support), www.madeintonga.com will also consider that material to be non-confidential and non-proprietary and www.madeintonga.com will not be liable for use or disclosure of the material.

Any communication by you to www.madeintonga.com is subject to this Agreement. You hereby grant and agree to grant www.madeintonga.com, under all of your rights in the material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable 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.

Information Control

The www.madeintonga.comdoes not control the content provided by users that is made available on the Site. 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.

Additionally, there may also be risks dealing with international trade. By using www.madeintonga.com, you agree to accept such risks and that www.madeintonga.com (and www.madeintonga.com directors and employees) is not responsible for any acts or omissions of users on the Site.

Please use caution, common sense, and practice safe buying and selling when using the Site.

Other Resources

www.madeintonga.com is not responsible for the availability of outside websites or resources linked to or referenced on the Site. www.madeintonga.com 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 www.madeintonga.com 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.

Interactions with Other Users

Users are solely responsible for interactions with others. Users understand that www.madeintonga.com does its best to screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.

Resolution of Disputes and Release

In the event a dispute arises between you and www.madeintonga.com, please contact www.madeintonga.com

Any dispute arising from or relating to the subject matter of this Agreement shall be subject to the exclusive jurisdiction of the courts of The Kingdom of Tonga.

Use of the Site is not authorised in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation, this section.

Should you have a dispute with one or more users, or an outside party, you release www.madeintonga.com (its directors 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.

www.madeintonga.com, for the benefit of users, may try to help users resolve disputes. If www.madeintonga.com does so, it does this in its sole discretion, and it has no obligation to resolve disputes between users or between users and outside parties.

To the extent that if www.madeintonga.com attempts to resolve a dispute it will do so in good faith based solely on its own policies. www.madeintonga.com will not make judgments regarding legal issues or claims and all disputes related to transactions will ultimately be determined by PayPal.

Intellectual Property

www.madeintonga.com graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks of www.madeintonga.com and its subsidiaries. www.madeintonga.com trademarks may not be used, including 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.

All content on the Site is the copyright and absolute property of www.madeintonga.com

www.madeintonga.com will use all means at its disposal to enforce its intellectual property rights.

Breach

Without limiting any other remedies, www.madeintonga.com may, without notice, and without refunding any fees, delay or immediately remove Content, warn www.madeintonga.com 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:

Privacy

Except as provided in www.madeintonga.com Privacy Policy www.madeintonga.com will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent.

No Warranty

www.madeintonga.com, directors, and employees provide the site and services “as is” and without any warranty or condition, express, implied or statutory. www.madeintonga.com, its directors and employees 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 www.madeintonga.com shall create any warranty.

Liability Limited

In no event shall www.madeintonga.com, and (as applicable) its directors and employees 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, www.madeintonga.com services, or this agreement, including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages.

www.madeintonga.com liability, and (as applicable) the liability of its directors and employees, to you or any third parties in any circumstance is limited to the greater of:

  • the amount of fees you pay to www.madeintonga.com in the 12 months prior to the action giving rise to liability, and
  • $100.

No Guarantee

www.madeintonga.com does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside www.madeintonga.com control.

Legal Compliance and Taxes

You shall comply with all applicable domestic and international laws and regulations regarding your use of the Site and any www.madeintonga.com service 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 on the Site.

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.

Parties Independent

You and www.madeintonga.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Service May Be Terminated

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

Your Privacy

www.madeintonga.com is totally committed to protecting the privacy of our Site visitors and customers. The team at www.madeintonga.com are not robots, they are human, and customers of the Site. www.madeintonga.com fully appreciates the importance of having its own privacy protected on the internet and respects your right to that same privacy.

www.madeintonga.com will not disclose information about its customers to third parties except where it is part of providing a service to you - e.g. arranging for a product to be sent to you, carrying out credit and other security checks and for the purposes of customer research. www.madeintonga.com will only otherwise disclose your information where it has your express permission to do so.

Your Consent

www.madeintonga.com will not sell your name, address, e-mail address, credit card information or personal information to any third party (excluding partners from whom you may have linked to our site) without your permission.

Transfers of Your Information

The information that www.madeintonga.com collects from you is used in order to fulfil your order, process your payment details or provide support services. Those details are then deleted off www.madeintonga.com server.

Unfortunately, the transmission of information via the Internet is not completely secure. www.madeintonga.com will do its best to protect your personal data, but cannot guarantee the security of data transmitted to the Site. Any transmission is at your own risk. Once www.madeintonga.com has received your information, it will use strict procedures and security features to try to prevent unauthorised access.

Other Sites

The Site may contain links to and from the websites of www.madeintonga.com partner networks, advertisers and other third parties. If you follow a link to any of these websites, please note that they have their own privacy policies and that www.madeintonga.com does not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites

Checking Your Details

If you wish to verify the details you have submitted to www.madeintonga.com you may do so by contacting www.madeintonga.com via the e-mail address or address given below. www.madeintonga.com security procedures mean that it may request proof of identity before it reveals information. This proof of identity will take the form of your e-mail address and password submitted upon registration. You must therefore keep this information safe as you will be responsible for any action, which www.madeintonga.com take in response to a request from someone using your e-mail and password. We would strongly recommend that you do not use the browser’s password memory function as that would permit other people using your terminal to access your personal information.

Contacting www.madeintonga.com

www.madeintonga.com (at the address below) is the data controller.

You have the right to access the information, which www.madeintonga.com holds about you.

www.madeintonga.com always wants to hear from its customers, even if it is in the form of a complaint in order for us to improve. www.madeintonga.com is always grateful for any time you spend providing it with the knowledge it needs to ensure its customers are completely satisfied - www.madeintonga.com wants you to return to the Site and to recommend it to your friends and family.

If you have any questions or feedback about this statement, or if you would like www.madeintonga.com to stop processing your information, please do not hesitate to contact www.madeintonga.com team, who will be delighted to answer any questions you may have.

You can contact www.madeintonga.com by email at info@madeintonga.com

Copyright

www.madeintonga.com is dedicated to protecting intellectual property rights, copyrights and trademarks. www.madeintonga.com works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify the www.madeintonga.com customer care team and it will investigate. www.madeintonga.com operates a zero tolerance policy against anyone found to be selling counterfeit goods.

Liability

You will not hold www.madeintonga.com responsible for any loss you may incur as a result of www.madeintonga.com taking any of the actions described in the Terms of Use, Privacy Policy or Copyright Policy nor for other users’ actions or inactions, including, without limitation, things they post, items they list or their destruction of allegedly fake items. The Site is a venue to allow just about anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a fixed price format. At no point does www.madeintonga.com have possession of anything listed or sold through the Site.

While www.madeintonga.com may help facilitate the resolution of disputes through various means, it has no control over and does not guarantee:

  • The quality, safety or legality of items advertised
  • The truth or accuracy of listings
  • The truth or accuracy of feedback or other content posted by users on the Site
  • The ability of sellers to sell items
  • The ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item.

Although www.madeintonga.com uses techniques that aim to verify the accuracy and truth of the information provided by its users, user verification on the internet is difficult. www.madeintonga.com cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users’ purported identities or the validity of the information, which they provide to www.madeintonga.com or post on the Site.

www.madeintonga.com (including its directors and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by www.madeintonga.com arising, directly or indirectly, out of your use of or your inability to use the Sites and www.madeintonga.com services.

Regardless of the previous paragraphs, if www.madeintonga.com is found to be liable, its liability is limited as set out above under the heading "Liability Limited".

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Nothing in this Agreement shall limit or exclude www.madeintonga.com liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of its agents or employees or for any other liability that cannot be limited or excluded by law.

Release

If you have a dispute with one or more users, you release www.madeintonga.com (our directors and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Access and Interference

Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to www.madeintonga.com by its users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express hand-written permission.

Additionally, you agree that you will not:

  • Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on www.madeintonga.com infrastructure
  • Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of www.madeintonga.com and the appropriate third party, as applicable
  • Interfere or attempt to interfere with the proper working of the Site or any activities conducted on or with the Site.

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