- 2. This Agreement sets out the legally binding terms and conditions for your use of the website at thelittlebigmarkets.co.nz (the “Site”) and all services provided by The Little Big Markets on the Site.
- 3. 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.
- 4. 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.
How it works
- 5. The Little Big Markets acts as a venue to allow users, who comply with The Little Big Markets Policies, sell and buy certain goods within a fixed-price format.
- 6. The Little Big Markets is not directly involved in the distribution of goods between buyers and sellers. As a result, The Little Big Markets has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings.
- 7. The Little Big Markets cannot ensure that a buyer or seller will actually complete a transaction.
- 8. The Little Big Markets does not transfer legal ownership of items from the seller to the buyer.
We are not responsible for content
- 9.You agree that The Little Big Markets is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on The Little Big Markets. BACK TO TOP
- 10. You agree to comply with all local laws regarding online conduct and acceptable content.
- 11. In addition, you must abide by The Little Big Markets policies as stated in this Agreement and The Little Big Markets 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.
- 12. In addition, some services offered through the Site may be subject to additional terms and conditions published by The Little Big Markets from time to time. Your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement. BACK TO TOP
- 13. 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.
- 14. You agree to immediately notify The Little Big Markets of any unauthorised use of your password or any breach of security.
- 15. You also agree that The Little Big Markets cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
- 16. You agree not to provide your username and/or password information to any other party other than The Little Big Markets without The Little Big Markets express written permission. BACK TO TOP
- 17. You may not transfer or sell your The Little Big Markets account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement. BACK TO TOP
Right to Refuse Service
- 18. The Little Big Markets reserves the right to refuse service to anyone at any time. The Little Big Markets also reserves the right at its sole discretion, to cancel unconfirmed or inactive accounts. BACK TO TOP
Fees and Services
you remain obligated to pay The Little Big Markets for all unpaid fees plus any penalties, if applicable. BACK TO TOP
- 19. Any changes to the fees for The Little Big Markets services are effective after The Little Big Markets provides you with at least thirty (30) days’ notice by posting the changes on the Site.
- 20. The Little Big Markets may, at its sole discretion, change some or all of The Little Big Markets services at any time
- 21. You are responsible for paying all fees and applicable taxes associated with using The Little Big Markets.
- 22. If a seller has fees due to The Little Big Markets then they will be invoiced for that month for the amount due. This amount will be taken automatically by The Little Big Markets from the seller’s registered PayPal account 2 working days later.
- 23. If the Seller fails to pay the amount due in full they risk penalties such as termination of their The Little Big Markets subscription, suspension of their selling privileges or termination of their account.
- 24. All fees are exclusive of GST where applicable. In certain circumstances fees will not be subject to GST but you may be liable to indirect taxes in your own country. The Little Big Markets recommends that you research whether you are liable to declare such taxes to the relevant tax authorities. A valid GST identification number is required from New Zealand sellers who are GST registered.
- 25. If:
- 25.1 the Little Big Markets terminates a listing or your account; or
- 25.2 you close your account; or
- 25.3 the payment of you’re the Little Big Markets fees cannot be completed for any reason
Listing and Selling
- 26. By listing an item on the Site you warrant that:
- 26.1 you and all aspects of the item comply with The Little Big Markets published policies; and
- 26.2 you may legally sell the item.
- 27. You must accurately describe your item and all terms of sale in your listing.
- 28. Your listings may only include text descriptions, pictures and other content relevant to the sale of that item.
- 29. 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 variations, details of which must be included on the listing). BACK TO TOP
- 30. 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:
- 30.1 the buyer fails to meet the terms of the seller’s listing (such as payment method), or
- 30.2 the seller cannot authenticate the buyer’s identity.
- 31. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance. BACK TO TOP
- 32. The price stated in each item listing description must be an accurate representation of the sale.
- 33. 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.
- 34. You may not alter the item’s price, misrepresent the item’s location, or use another user’s account without permission. BACK TO TOP
Prohibited, Questionable And Infringing Items and Activities
- 35. You are solely responsible for your conduct and activities on and regarding to The Little Big Markets 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 The Little Big Markets. BACK TO TOP
- 36. Your Content and your use of The Little Big Markets must not:
- 36.1 be false, inaccurate or misleading;
- 36.2 be fraudulent or involve the sale of illegal, counterfeit or stolen items;
- 36.3 involve the sale of real fur items. Unless of a vintage nature;
- 36.4 infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary;
- 36.5 infringe intellectual property rights or rights of publicity or privacy;
- 36.6 violate this Agreement, any site policy or community guidelines, or any applicable law;
- 36.7 violate any regulations (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- 36.8 contain items that have been identified as hazardous to consumers;
- 36.9 be defamatory, libellous, unlawfully threatening or unlawfully harassing;
- 36.10 impersonate or intimidate any person (including The Little Big Markets Staff and users), or falsely state or otherwise;
- 36.11 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;
- 36.12 be obscene;
- 36.13 contain or transmit any code of a destructive nature that may damage, interfere with, intercept or expropriate any system, data or personal information;
- 36.14 modify, adapt or hack The Little Big Markets or the Site or modify another website so as to falsely imply that it is associated with The Little Big Markets;
- 36.15 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 The Little Big Markets.
- 38. The Little Big Markets does not claim ownership rights in your content.
- 39. You grant The Little Big Markets a licence solely to enable The Little Big Markets to use any information or content you supply The Little Big Markets with, so that The Little Big Markets is not violating any rights you might have in that content.
- 40. You grant The Little Big Markets 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.
- 42. As part of a transaction, you may obtain personal information, including email address and shipping information, from another The Little Big Markets user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for The Little Big Markets' related communications. The Little Big Markets has not granted you a licence to use the information for unsolicited commercial messages.
- 43. Without limiting the foregoing, without express consent from the user, you are not licensed to add a The Little Big Markets user to your email or physical mail list.
- 43.1 By uploading images to The Little Big Markets, you agree that The Little Big Markets has the right to use your images to promote The Little Big Markets and/or your stall in any external press as well as across all The Little Big Markets websites.
- 44. 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 The Little Big Markets harmless for any dispute concerning this use. If you choose to display your own The Little Big Markets hosted image on another website, the image must provide a link back to its listing page on the Site. BACK TO TOP
- 45. The Little Big Markets 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 The Little Big Markets shall not be liable for the disclosure or use of such Material.
- 46. If, at The Little Big Markets request, any member sends material to improve the Site (for example through forums or to customer support), The Little Big Markets will also consider that material to be non-confidential and non-proprietary and The Little Big Markets will not be liable for use or disclosure of the material.
- 47. Any communication by you to The Little Big Markets is subject to this Agreement. You hereby grant and agree to grant The Little Big Markets, 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. BACK TO TOP
- 48. The Little Big Markets does 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.
- 49. Additionally, there may also be risks dealing with international trade. By using The Little Big Markets, you agree to accept such risks and that The Little Big Markets (and The Little Big Markets directors and employees) is not responsible for any acts or omissions of users on the Site.
- 50. Please use caution, common sense, and practice safe buying and selling when using the Site. BACK TO TOP
- 51. The Little Big Markets is not responsible for the availability of outside websites or resources linked to or referenced on the Site. The Little Big Markets 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 The Little Big Markets 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. BACK TO TOP
Interactions with Other Users
- 52. Users are solely responsible for interactions with others. Users understand that The Little Big Markets 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. BACK TO TOP
Resolution of Disputes and Release
- 53. In the event a dispute arises between you and The Little Big Markets, please contact The Little Big Markets.
- 54. 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.
- 55. 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.
- 56. Should you have a dispute with one or more users, or an outside party, you release The Little Big Markets (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.
- 57. The Little Big Markets, for the benefit of users, may try to help users resolve disputes. If The Little Big Markets 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 The Little Big Markets attempts to resolve a dispute it will do so in good faith based solely on its own policies. The Little Big Markets will not make judgments regarding legal issues or claims and all disputes related to transactions will ultimately be determined by PayPal. BACK TO TOP
- 58. The Little Big Markets, and other ‘LBM’ graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks of The Little Big Markets and its subsidiaries. The Little Big Markets 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.
- 59. All content on the Site is the copyright and absolute property of The Little Big Markets.
- 60. The Little Big Markets will use all means at its disposal to enforce its intellectual property rights. BACK TO TOP
- 61. Without limiting any other remedies, The Little Big Markets may, without notice, and without refunding any fees, delay or immediately remove Content, warn The Little Big Markets 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:
- 61.2 The Little Big Markets is unable to verify or authenticate any of your personal information or Content;
- 61.3 The Little Big Markets believes that a user is acting inconsistently with the letter or spirit of The Little Big Markets policies, has engaged in improper or fraudulent activity in connection with The Little Big Markets or the actions may cause legal liability or financial loss to The Little Big Markets users or to The Little Big Markets. BACK TO TOP
- 63. THE LITTLE BIG MARKETS, DIRECTORS, AND EMPLOYEES PROVIDE THE SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. THE LITTLE BIG MARKETS, IT'S 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 THE LITTLE BIG MARKETS SHALL CREATE ANY WARRANTY. BACK TO TOP
- 64. IN NO EVENT SHALL THE LITTLE BIG MARKETS, 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, THE LITTLE BIG MARKETS SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
- 65. THE LITTLE BIG MARKETS 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:
- 65.1 THE AMOUNT OF FEES YOU PAY TO THE LITTLE BIG MARKETS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND
- 65.2 $100. BACK TO TOP
- 66. The Little Big Markets does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside The Little Big Markets control. BACK TO TOP
Legal Compliance and Taxes
- 67. You shall comply with all applicable domestic and international laws and regulations regarding your use of the Site and any The Little Big Markets 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. BACK TO TOP
- 68. 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. BACK TO TOP
- 69. You and The Little Big Markets are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. BACK TO TOP
Service May Be Terminated
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- 71. The Little Big Markets is totally committed to protecting the privacy of our Site visitors and customers. The team at The Little Big markets are not robots, they are human, and customers of the Site. The Little Big Markets fully appreciates the importance of having its own privacy protected on the internet and respects your right to that same privacy.
- 72. The Little Big Markets 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. The Little Big Markets will only otherwise disclose your information where it has your express permission to do so. BACK TO TOP
- 73. The Little Big Markets 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. BACK TO TOP
Transfers of Your Information
- 74. The information that The Little Big Markets 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 The Little Big Markets server.
- 75. Unfortunately, the transmission of information via the Internet is not completely secure. The Little Big Markets 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 The Little Big Markets has received your information, it will use strict procedures and security features to try to prevent unauthorised access.
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- 76. The Site may contain links to and from the websites of The Little Big Markets 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 The Little Big Markets does not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
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Checking Your Details
- 77. If you wish to verify the details you have submitted to The Little Big Markets you may do so by contacting The Little Big Markets via the e-mail address or address given below. The Little Big Markets 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 The Little Big Markets 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. BACK TO TOP
Contacting The Little Big Markets
- 78. The Little Big Markets (at the address below) is the data controller.
- 79. You have the right to access the information, which The Little Big Markets holds about you.
- 80. The Little Big Markets always wants to hear from its customers, even if it is in the form of a complaint. The Little Big Markets is always grateful for any time you spend providing it with the knowledge it needs to ensure its customers are completely satisfied - The Little Big Markets 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 The Little Big Markets to stop processing your information, please do not hesitate to contact The Little Big Markets team, who will be delighted to answer any questions you may have.
- 81. You can contact The Little Big Markets at email@example.com
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- 82. The Little Big Markets is dedicated to protecting intellectual property rights, copyrights and trademarks. The Little Big Markets 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 Little Big Markets customer care team and it will investigate. The Little Big Markets operates a zero tolerance policy against anyone found to be selling counterfeit goods. BACK TO TOP
- 84. While The Little Big Markets may help facilitate the resolution of disputes through various means, it has no control over and does not guarantee:
- 84.1 the quality, safety or legality of items advertised;
- 84.2 the truth or accuracy of listings;
- 84.3 the truth or accuracy of feedback or other content posted by users on the Site;
- 84.4 the ability of sellers to sell items;
- 84.5 the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item.
- 85. Although The Little Big Markets uses techniques that aim to verify the accuracy and truth of the information provided by its users, user verification on the internet is difficult. The Little Big Markets 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 The Little Big Markets or post on the Site.
- 86. The Little Big Markets (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 The Little Big Markets arising, directly or indirectly, out of your use of or your inability to use the Sites and The Little Big Markets' services.
- 87. Regardless of the previous paragraphs, if The Little Big Markets is found to be liable, its liability is limited as set out above under the heading "Liability Limited".
- 88. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
- 89. Nothing in this Agreement shall limit or exclude The Little Big Markets' 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. BACK TO TOP
- 90. If you have a dispute with one or more users, you release The Little Big Markets (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. BACK TO TOP
Access and Interference
- 91. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to The Little Big Markets 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.
- 92. Additionally, you agree that you will not:
- 92.1 Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on The Little Big Markets' infrastructure;
- 92.2 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 The Little Big Markets and the appropriate third party, as applicable;
- 92.3 interfere or attempt to interfere with the proper working of the Site or any activities conducted on or with the Site. BACK TO TOP