Last updated 28 August 2020
Welcome to Peddle! By using the Peddle platform (including accessing the peddlenz.com website or any future app and/or purchasing any goods or services through the site or app) (‘the Platform’), you agree to, and are automatically bound by, these terms and conditions.
We refer to the customer, as ‘you’ or the ‘Patron,’ and to the vendors who offer goods or services for sale through the Platform as ‘Peddlers’. References to ‘Services’ is to any service you access through the Platform, including payment services. References to ‘Peddle NZ’ or to us or we are to Peddle NZ Limited, a New Zealand registered company.
1. We are not the vendor
As a Patron, you acknowledge that:
you are buying goods and/or services through the Platform from the relevant Peddler, who is the vendor of those goods and/or services; and
- Peddle NZ is not a vendor. We provide the Platform as a venue but we don’t take part in the offer for sale or purchase of any goods or services through it. You accept that all transactions and contact between you and any Peddler is entirely at your risk and is your responsibility.
Peddle NZ has engaged third-party service providers to perform payment processing services that connect to the Platform, including card processing, currency exchange, identity verification, fraud analysis and regulatory compliance.
Peddle NZ partners with Stripe to facilitate card and other payments, and the disbursement of funds to the Peddlers. Stripe in turn has relationships with other third-party payments providers, including PayPal, Apple Pay and Google Pay. When you make payments through the Platform, you may also be subject to an agreement with Stripe and those other third party service providers. You accept those terms when you access those Services.
If you use a Peddle Gift Card or Peddle Points to pay or partially pay for goods or services ordered through the Platform, please note that the Peddle Points Policy will apply.
If you want to return goods purchased through the Platform, you must arrange this directly with the relevant Peddler. All Peddlers are required to comply with their obligations under the Consumer Guarantees Act 1993 (CGA) which requires them to provide refunds or returns for damaged or faulty goods. You will not be entitled to return goods just because you have changed your mind, unless the Peddler voluntarily accepts change of mind returns in its Returns Policy. If you believe the Peddler is not meeting its CGA obligations then please contact us and we will do our very best to find an acceptable solution.
For more information about your rights under the CGA, please refer to this link: https://comcom.govt.nz/consumers/dealing-with-typical-situations/returns-and-refunds
Please refer any complaints about Peddlers to us at email@example.com and we will determine whether it’s appropriate to take further action.
5. Disclaimer of liability
We vet our Peddlers and their products and services, and we take care to ensure that our Peddlers are honest and responsible, but neither Peddle NZ nor any of our directors, employees or officers is liable in any circumstances whatsoever to you or any other person, including for Peddle NZ’s negligence:
for the quality, fitness for purpose, compliance with description or lawfulness of the product offer for sale or supplied to you by the Peddler;
if the Peddler does not provide the product or service you buy;
for any modification, price change, suspension or discontinuance of any Service; nor
- to ensure the safety of any product,
except to the extent required by mandatory law.
6. Transaction data
7. Your privacy
Where we use third parties to undertake any Services, we may provide those third parties with some of your information if it is required to fulfil those Services. We use third party software such as customer relationship management and marketing automation software that holds your information, sometimes overseas. We require any third party to undertake strict precautions to protect your information against unauthorised use or disclosure.
You are entitled to access your personal information and request changes where the information is incomplete or incorrect.
8. Our rights
We reserve the right:
- To modify, suspend or discontinue the Platform and/or any Services at any time without notice to you.
To refuse access to the Platform or any Service to any person for any reason at any time.
- To impose transaction limits (by value and/or number) on any Patron as a security measure at any time. If we do so, we will not be liable to any Patron or Peddler nor any other person if we do not process a transaction, or if we permit or require a Patron or a Peddler or to withdraw from a transaction.
- To decline transactions that we believe to be high risk, fraudulent, illegal or in violation of our Peddler Terms or these terms and conditions at any time.
9. Intellectual property
As between us and you, all information, brands and copy on the Platform is our property and is protected by New Zealand and international copyright laws. The Peddle brand, logos and trademarks may not be used in connection with any product or service in any territory unless such use has been previously agreed in writing by Peddle NZ, nor in any manner that is likely to cause confusion among our customers or in a manner which could discredit the Peddle brand.
10. No discrimination or hate speech allowed
Please enjoy looking through Peddle’s pages and interact with our Peddlers. However, please don’t leave rude or offensive messages for anyone in the Peddle community! We reserve the right to remove any messages or content from the Platform, or any of the affiliated social media pages, at our discretion.
11. Third party links
Links on the Platform may direct you to third-party websites, including our Peddlers’ websites. We are not responsible for examining or evaluating the content or accuracy of the content on those sites, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
Without limiting any other provision of these terms and conditions, we are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the relevant third party.
12. Things you promise not to do
You agree not to:
- reproduce, duplicate, copy, or exploit any part of the Platform or any Services in any manner, without our prior express written permission.
- transmit any worms or viruses or any code of a destructive nature when accessing the Platform or any Services.
13. Changes to these terms and conditions
You can review the most current version of these terms and conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these terms and conditions where we consider we need to do so for legitimate business purposes or to comply with applicable law. If this occurs, we will publish the revised terms immediately. It is your responsibility to check this page periodically for changes. Your continued use of the Platform following the posting of any changes to these terms constitutes acceptance of those changes.
14. General terms
Entire agreement: These and any other terms and policies referred to in them from time to time constitute the entire agreement and understanding between you and us in relation to the Platform and the Services.
Contact email: Please send your questions about the Platform to firstname.lastname@example.org.
Consent to receive electronic communications: You consent for all purposes to receive in electronic form or via electronic process any communications, agreements, documents, or disclosures that we may or must provide in connection with the Platform and the Services.
Taxes and fees: You acknowledge and agree that you are solely responsible for any and all currency conversion charges, third party fees, sales, use, value-added, personal property or other tax, duty or levy of any kind, including interest and penalties, imposed at any time by any person as a result of your use of the Platform and the Services.
15. Governing law and jurisdiction
New Zealand law applies. These terms and conditions are governed by, and are to be construed in accordance with, New Zealand law. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand. This clause operates subject to the next sub-section (Arbitration).
Arbitration. You unconditionally and irrevocably agree that any dispute or disagreement arising out of or in connection with these terms and conditions, and the provision or use of the Platform and/or Services will be settled by binding arbitration by a sole arbitrator in accordance with the New Zealand Arbitration Act 1996 and its amendments and the AMINZ Arbitration Rules current at the time arbitration is commenced. The place of arbitration will be Auckland and the law applicable to the arbitral proceedings and the matters in dispute will be New Zealand law. The language of the arbitration will be English.