General Terms and Conditions
This web-site is intended to be a friendly, enjoyable and useful experience, but as with anything concerning any kind of transactions there are risks involved and we strongly advise you to understand all of these terms before joining. If you see a listing that you feel is violating the general terms and conditions of this web-site as stated below please let us know by contacting us.
MotorAuction will only allow New Zealand sellers to list goods for sale and will only allow buyers from a small number of countries. An overseas seller may apply to MotorAuction to be considered as a permitted non-New Zealand seller, MotorAuction's decision on the merits of this application will be final. Any listings submitted by non-approved overseas members will be removed without notice.
Rights To Suspend or Terminate.
You agree that this web-site, in its own discretion, may terminate any auction or use of the service immediately and without notice if
(a) We believe that you are not abiding by the general rules of this web-site
(b) You have repeatedly broken a certain term
(c) You have listed a suspicious item
(d) We believe you to be a non paying bidder.
(e) We believe that your continuing membership is unhealthy for the web-site
In most cases when we suspect foul play we will suspend your account/listing whilst we investigate further. If our investigation is conclusive then your account with us will be terminated.
Without limiting any other rights and remedies available to MotorAuction, MotorAuction may limit your activities on the web-site, remove your bids or listings, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our Service to you if you breach these terms and conditions or where MotorAuction considers it appropriate.
If your membership is terminated MotorAuction will refund the balance of your credit account, less a $5 manual processing fee that is payable to MotorAuction. Consequently, no refund will be made if the account balance is below $5. If your membership is removed due to breach of our terms and conditions it is at our discretion whether you are eligible for a refund. Promotional giveaways of MotorAuction credits, or any free credits gifted to the member on registration will not be refunded.
You are solely responsible for the contents of your actions through this web-site. You must ensure that your participation in the selling or buying of items does not violate any applicable laws or regulations. By this we mean that you must check that you are entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law or regulation.
You must not transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation.
Membership to this web-site is only available to those who can form a legally binding contract. This web-site does not permit minors (under 18) to register. If any member fails to register with their correct age the account will be terminated immediately.
This site acts as the window for sellers to conduct auctions and for bidders to bid on sellers' auctions. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items listed the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items.
We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchases of items they have bid on. In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretence.
This web-site shall not be responsible for any items sold by Auction, for any damage to items during transit or during the inspection period, nor for misrepresentations and/or breaches of contract by either buyer and/or seller. This web-site shall not be responsible for the cost of procurement of substitute goods or any losses resulting from any goods purchased or obtained.
This web-site assumes no liability for the content of the listings. This web-site assumes no responsibility for the content of feedback left by any member. We will consider complaints about feedback left by members.
However, if you fall victim of a fraudulent transaction we will assist you as much as we can.
These Terms of Service shall be governed by and constructed in accordance with the laws of New Zealand and any disputes will be decided only by the Courts of New Zealand.
You agree that, to the maximum extent permitted by law, any and all liability and responsibility of MotorAuction to you or any other person under or in connection with these terms and conditions, or in connection with the Service, this web-site, another Member's acts or omissions, or your use of or inability to use, the services or this web-site, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. MotorAuction's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
Changes to MotorAuction Terms and Conditions
These terms and conditions may be changed in whole or in part by MotorAuction from time to time. Changes will be effective immediately upon posting of the altered terms and conditions on this web-site. It is the member's responsibilty to ensure they are familiar with the latest terms and conditions. Your logging on to the Service represents your agreement to be bound by the terms and conditions as changed.