Pay Now terms and conditions

These terms and conditions were last updated on 21 February 2017.

1. Background
   
   
   1. These are the terms and conditions on which Trade Me Limited ("Trade Me") offers to provide approved sellers (each a "Seller") with the Pay Now service (the "Service") that enables Sellers to offer online credit card payment as an option to buyers in the Trade Me’s marketplace.
      
      
   2. As Trade Me operates in a changing commercial, technological and regulatory environment, we may amend these terms and conditions from time to time. We will communicate all changes by Site Announcement. Occasionally, we may make urgent changes, but will generally give you at least two weeks’ written notice to review these changes. We may also seek your feedback on proposed changes on the Message Board, or, for significant changes notify you directly via email. Unless otherwise stated, amendments will be effective immediately upon posting of the amended Pay Now terms and conditions on any website through which the Service is offered (including www.trademe.co.nz). You are responsible for ensuring you are familiar with the latest Pay Now terms and conditions. Your continued use of the Service represents your agreement to be bound by the Pay Now terms and conditions as amended.
      
      
2. Sellers' obligations and service levels
   
   
   1. Sellers must not add any surcharge or impose any cost on buyers for making payment using Pay Now.
      
      
   2. A Seller using the Service must ship items as quickly as reasonably possible (and in any case no later than within three working days of notification of payment).
      
      
   3. Sellers are responsible for delivering items to the buyer within the time agreed with the buyer or, if this is not agreed, within a reasonable time. Items are treated as delivered to the buyer only when delivered to the buyer’s physical address (as notified to the Seller). A Seller’s failure to deliver an item in accordance with this clause 2.3 may be treated as a “non-delivery” under the Buyer Protection Policy.
      
      
   4. A Seller using the Service must offer clear shipping options with specific pricing on all listings offering Pay Now.
      
      
   5. If a buyer’s item has been damaged in transit, then it is the Seller's responsibility to refund the buyer. The Seller may choose to recover this cost by applying for insurance from the shipping company.
      
      
   6. In each listing, Sellers are responsible for bringing to the attention of buyers any defects, deterioration or imperfections of an item which are material (“material defects”). Items with undisclosed material defects, or which are not materially the same as described in a seller’s listing when received by the buyer, may be treated as “not as described” under the Buyer Protection Policy.
      
      
   7. Sellers agree to conduct themselves in good faith, respond to communications with Trade Me in the event of a dispute, and be bound by:
      
      
      1. Trade Me’s decision regarding a dispute report filed by a buyer claiming that the buyer is eligible for a refund under the Buyer Protection Policy (“Buyer Protection application”), subject to clause 2.9; or
      2. otherwise, the outcome of any dispute resolution process.
         
         
   8. In no circumstances will the Seller ship items sold through the Trade Me marketplace outside New Zealand or Australia.
      
      
   9. If a Seller is unsatisfied with Trade Me’s decision regarding a dispute the subject of a Buyer Protection application, the Seller may seek determination of its liability (as against the relevant buyer) by initiating proceedings in the Disputes Tribunal or a New Zealand court.
      
      
3. The Service
   
   
   1. Trade Me will provide the Seller with the option to accept payment by Pay Now when listing an item.
      
      
   2. For any listing where the Seller opts to accept payment by Pay Now during the listing process, Trade Me may indicate that a transaction paid via Pay Now may be subject to Buyer Protection and will:
      
      
      1. indicate on that listing that payment can be made by Pay Now; and
      2. facilitate the option for buyers to pay for the item using Pay Now.
         
         
4. How funds are held
   
   
   1. Trade Me will hold the money received from buyers on trust for the Seller until it is paid to the Seller's Nominated Bank Account. 
      
      
   2. The Seller hereby authorises Trade Me to deduct its fees from money held on trust and retain any interest earned on that money.
      
      
   3. Subject to clause 4.4, Trade Me will pay the money (after deduction of fees) to the Seller's Nominated Bank Account as soon as reasonably practical, but in any case no later than three working days after it is received.
      
      
   4. Trade Me may hold payments for longer periods at its reasonable discretion, such as to minimise fraud risk, to reduce transaction costs, where necessary due to circumstances beyond Trade Me's reasonable control, or to await the conclusion of a dispute.
      
      
   5. To provide the Seller with visibility of payments, Trade Me will provide the Seller with a Pay Now account where the Seller can view that payments have been made by the buyer, before being transferred to the Seller's Nominated Bank Account. The Seller acknowledges that payments into the Seller's Pay Now account are not a guarantee of payment into the Seller's Nominated Bank Account.
      
      
5. Charges and Fees
   
   
   1. Trade Me will charge the Seller a fee for every credit card or debit card transaction facilitated by Trade Me under this agreement. The fee will be 1.95% of the transaction value (the “Transaction Fee”) and will be deducted from the Seller's Pay Now account. Trade Me may change this fee at any time by giving not less than one week’s notice.
      
      
   2. If a Chargeback or Reversal occurs as a result of an incorrect transaction (such as a technical error), Trade Me will refund the Transaction Fee. If a Chargeback or Reversal occurs for reasons other than an incorrect transaction, Trade Me will not normally refund the Transaction Fee.
      
      
6. Seller's Accounts with Trade Me
   
   
   1. Sellers will not be able to list an item if either their general Trade Me account or Pay Now account are in debt.
      
      
   2. Sellers with negative account balances or any other debt to Trade Me, including a debt arising as a result of a Reversal or a Chargeback made in accordance with clause 9, may be referred to a debt collection agency. Costs of debt collection are the responsibility of the Seller and the Seller agrees to pay those costs, which will be added to the amount of the Seller’s debt.
      
      
7. Seller's bank account
   
   
   1. The Seller must nominate a legitimate, New Zealand-domiciled bank account, or (only with Trade Me’s written approval which may be granted or withheld at Trade Me’s sole discretion) a foreign account, that has been verified in accordance with Trade Me’s bank account verification process (the “Nominated Bank Account”).
      
      
   2. Before the Service to the Seller is enabled, the Seller must complete Trade Me's bank account verification process. Trade Me may require subsequent confirmation of this account if the Seller has not received a payment for three or more months.
      
      
   3. If the Seller wishes to change their Nominated Bank Account, they must complete the bank account verification process for the new account. Trade Me will continue to make payments into the existing Nominated Bank Account until the new account is verified. The Seller should still send any items as per clause 2.2.
      
      
8. Fraud prevention measures
   
   
   1. Trade Me employs fraud detection techniques designed to prevent fraud. Trade Me will sometimes hold or reverse payments or take other steps to protect members.
      
      
   2. Trade Me also has systems in place to reduce the risk of credit card fraud and prevent the unauthorised use of credit or debit cards. Sellers should not release or send items purchased via Pay Now until notified to do so by Trade Me. Where Trade Me is subsequently made aware that a transaction was not authorised by the registered card holder, and the Seller has acted in accordance with Trade Me's instruction regarding that transaction, Trade Me will not pass the loss onto the Seller.
      
      
   3. Trade Me is not liable for incorrectly declining transactions.
      
      
9. Buyer Protection, Chargebacks and Reversals
   
   
   1. Transactions made through Pay Now are subject to Trade Me’s Buyer Protection Policy. The Seller agrees that:
      
      
      1. the Seller will attempt in good faith to resolve any dispute with a buyer concerning a transaction paid for via Pay Now;
         
         
      2. if the parties are unable to resolve the dispute, and the buyer makes a Buyer Protection application to Trade Me, Trade Me may make a Reversal if Trade Me determines it appropriate under the Buyer Protection Policy, and the Seller may have its Pay Now account debited, or be required to pay Trade Me any amount remaining, in accordance with this clause 9; and
         
         
      3. the Seller will be liable for the costs of any return shipping if Trade Me determines (in accordance with clause 9.1(b) above) that the Seller is responsible for a dispute the subject of a Buyer Protection application.
         
         
   2. Reversals:
      If a member disputes a Pay Now transaction, Trade Me may at its sole discretion investigate the transaction and if Trade Me determines it appropriate Trade Me may reverse a transaction between a buyer and the Seller (a "Reversal").
      
      
   3. Where Trade Me determines a Reversal is appropriate Trade Me will reverse the disputed transaction and cause the amount originally charged to the buyer’s credit or debit card (the "Reversed Amount") at the time of purchase to be refunded. Trade Me will debit the Seller’s Pay Now account for the Reversed Amount.
      
      
   4. If Trade Me is unable for any reason to complete a Reversal, Trade Me may debit the Seller’s Pay Now account for the Reversed Amount and make payment to the relevant buyer through any other means Trade Me determines is appropriate in the circumstances.
      
      
   5. Chargebacks: 
      Banks and other credit card or debit card issuers ("Issuers") generally offer a dispute process for credit card or debit card payments known as a chargeback process. Where an Issuer determines that a transaction should be refunded (a "Chargeback") Trade Me will normally give effect to the Chargeback by debiting the Seller’s Pay Now account. The decision to debit the Seller’s account for a Chargeback is, however, at Trade Me’s sole discretion. If a buyer has received a Chargeback, Trade Me will not allow the buyer to receive the benefit of Buyer Protection in respect of the same transaction.
      
      
   6. Costs: If Trade Me gives effect to a Chargeback or makes a Reversal, the Seller agrees to indemnify Trade Me against any costs incurred as the result of the Chargeback or Reversal (including in relation to a buyer’s successful Buyer Protection application). The Seller authorises Trade Me to debit the Seller’s Pay Now account the amount of any such costs. Alternatively, the Seller can make a payment to their Trade Me account and transfer the funds. If, in respect of any Reversal or Chargeback, Trade Me is unable to debit the Seller’s Pay Now account or the Seller fails to pay any amount owing to Trade Me, the Seller acknowledges that this will create a debt between Trade Me and the Seller, and that Trade Me may refer the matter to a debt collector in accordance with clause 6.2.
      
      
   7. If an Issuer investigating a Chargeback requests information from Trade Me about the transaction, Trade Me may disclose such information to the Issuer and/or buyer. Any disclosure of personal information will be made in accordance with Trade Me's privacy policy.
      
      
   8. The Seller agrees to do all things reasonably requested by Trade Me or any Issuer (including providing further evidence or additional information such as (without limitation) proof of postage) to facilitate investigation by Trade Me or any Issuer of a Chargeback, a Reversal or any other buyer complaint or query.
      
      
10. Transaction limits 
    1. Transaction limits apply and may be changed by Trade Me at any time.
       
       
11. Disclaimers
    
    
    1. The Seller accepts that:
       
       
       1. Trade Me only facilitates the Service, and does not take any part in the sale itself including as an agent for either party.
          
          
       2. Trade Me's fraud protection systems may from time to time block legitimate payments. In these cases, payment will need to be made by other means.
       3. Trade Me makes no warranty that the Service will meet the requirements of all prospective users, or that the Service (including any reports) will be uninterrupted, timely, secure or error free.
          
          
       4. Trade Me bears no responsibility or liability for any misconduct or mistakes by buyers or other third parties who are involved in a transaction.
12. Indemnity and liability
    
    
    1. The Seller agrees to indemnify Trade Me, its officers and employees against any claim or demand made by any third party due to or arising out of the Seller's use of the Service.
       
       
    2. Except as expressly provided in this Agreement all representations or warranties (statutory, express or implied), except any which may not lawfully be excluded, are expressly excluded, including without prejudice to the generality of the foregoing, any implied warranties of merchantability and fitness for a particular purpose.
       
       
    3. Where the Seller is liable to Trade Me for any amount under these terms Trade Me may immediately deduct such amount from the Seller’s Pay Now account.
       
       
    4. Where the Seller’s Pay Now account does not have sufficient balance to cover money owed to Trade Me, the Seller must, if directed by Trade Me, immediately make payment sufficient to cover the full amount owed.
       
       
    5. Trade Me may in its sole discretion restrict or suspend the Seller’s account until all amounts owed to Trade Me are paid in full.|
       
       
13. Suspension and Termination
    
    
    1. Trade Me may suspend any Seller's use of the Service immediately by notice to the Seller if the Seller fails to comply with any of the Seller's obligations under this agreement.
       
       
    2. Trade Me may terminate this agreement immediately by notice to the Seller if the Seller breaches either this agreement or Trade Me's Terms or engages in conduct that Trade Me (acting reasonably) deems inappropriate or unacceptable or likely to damage the reputation or goodwill of Trade Me.
       
       
    3. Either party may terminate this agreement for any reason by giving not less than two weeks' notice in writing to the other party. Upon termination of this agreement, all provisions which by their nature are intended to survive termination, including but not limited to clauses 2.7, 6.2, 9, 11, 12 and 14 to the extent they relate to transactions formed prior to the agreement’s termination, shall remain in full force and effect.
       
       
14. Trade Me Terms and Conditions
    
    
    1. You agree to comply at all times with Trade Me's terms and conditions (the "Trade Me Terms") and the Trade Me Terms shall (with all necessary modifications) apply so far as is possible to this agreement. Where there is any direct conflict between the Trade Me Terms and these Pay Now terms and conditions, the Pay Now terms and conditions shall prevail.