Terms and Conditions

 

By using the Chooza Platform, you agree to all of the following terms and conditions (Terms):

In these Terms, we use defined expressions which will begin with capital letters. The table below sets out all of the defined expressions we use and what their corresponding meaning is. A tip: skip this table for now and refer to it as you read through these Terms and come across a defined expression – then come back here to get the full meaning of that expression.

Expression

Meaning

Auction

The online auction for an Item in a Listing where Buyers will submit competing bids. You agree that this is not an auction for the purposes of the Auctioneers Act 2013.

Anti-Money Laundering Policy

See our Anti-Money Laundering Policy below.

API

Application programming interfaces used to operate the Chooza Platform.

Business User

A person or entity that is in business/trade including where it is reasonable for an ordinary member of the public to assume that such person or entity is acting in trade when buying or selling an Item using the Chooza Platform.

Buyer(s)

The Registered User that is the successful purchaser of an Item under a Listing.

Buyers & Sellers Registration Policy

See the Chooza Buyers & Sellers Registration Policy below.

Buying on Chooza Policy

See the Buying on Chooza Policy below.

Charity

A charitable organisation that is registered as a charity under the Charities Act or a School.

Charities Acts

Charities Act 2005.

Charities Registration Policy

See our Charities Registration Policy below.

Charity Monthly Subscription  Fee

$39.95 (plus GST) charged every 30 days.

Chooza

Chooza Limited (NZCN 8083306).

Chooza Account

Each Registered User’s unique account within in the Chooza Platform.

Chooza’s Fees

The fees payable by Sellers and Charities in accordance with Chooza Fee’s Policy.

Chooza Fees Policy

See the Chooza Fees Policy below.

Chooza Platform

The online marketplace hosted by Chooza via www.chooza.com including all associated URLs that Chooza controls and all APIs that are necessary for the Chooza Platform to operate.

Chooza Platform Policy

See the Chooza Platform Policy below.

Chooza Trust Accounts

Separate bank accounts where all monies are held in trust for the benefit of the Buyer, the Seller and Charities pursuant to these Terms.

Communications Policy

See our Communications Policy below.

Complaints Policy

See our Complaints Policy below.

Covid-19 Policy

See our Covid-19 Policy below.

CDD Provider

Chooza’s client due diligence approved third party provider being Bioverify (bioverify.app).

Dashboard

Means the dashboard on the Chooza Platform for each Registered User once they have logged into their Chooza Account.

Delivery Policy

See our Delivery Policy below.

Digital Content

Includes:·         Photos, software, video files, audio files.·         Access information for subscription sites (such as Disney Plus, Neon, Steampunk, Google Play, Apple Store, Netflix etc).·         Any content which does not comply with the Films, Videos, and Publications Classifications Act 1993.

Dispute

A dispute arising from the use of the Chooza Platform between:·         Registered Users; or·         A Registered User and Chooza.

Disputes Policy

See our Disputes Policy below.

Delivery Policy

See our Delivery Policy below.

Donation(s)

Either one of the following as the case may be:

  • A donation(s) made by a Donator to a Nominated Charity via the Chooza Platform including a donation which arises from a Ongoing Donation.

  • The gross dollar value of each Purchase Price which Chooza will, on a Seller’s behalf, apply to and for the benefit of a Nominated Charity in accordance with the Donations Policy.

Donations Policy

See our Donations Policy below.

Donator

A person or entity that makes a Donation or seeks to make a Donation.

Donation Receipt

A receipt issued by the recipient of a Donation pursuant to these Terms which must include the following information:

  • The name of the Donator;

  • The amount of the Donation;

  • The date of the Donation;

  • The name of the Nominated Charity;

  • The contact information of the Nominated Charity;

  • The logo of the Nominated Charity;

  • The Nominated Charity’s charity registration number;

  • A clear statement that the sums referred to are a donation;

  • The official stamp of the Nominated Charity;

  • The name and a copy of the signature of a representative of the Nominated Charity duly authorised to provide receipts for donations received by the Nominated Charity; and

  • A receipt number.

Fixed Price

The price noted as the advertised or fixed price on a Listing being the price that the Seller is willing to sell the Item for immediately which would prevent the Item being sold by Auction which price cannot be less than $15.00 (including GST).

Fixed Price Purchase

When a Buyer elects to purchase an Item at a Fixed Price under a Listing and pays that Fixed Price pursuant to the Payments Policy.

General Terms Policy

See our General Terms Policy below.

Individual User

A natural person.

Item

The product, Voucher, or item that a Seller advertises for sale on the Chooza Platform which must comply with our Items Policy

Items Policy

See our Items Policy below.

Listing

The listing of an Item by the Seller for sale on the Chooza Platform whether that Item is for sale via Auction, Fixed Price or both.

Listing Fees

The fees applicable to Sellers who wish to enhance their Listings with Chooza’s listing ad-ons as set out in the Listing Fees section of the website.

Listing Form

The form that a Seller must complete in order to list an Item for sale on the Chooza Platform.

Ongoing Donation Arrangement

A service whereby a Donator elects to make frequent and periodic Donations of particular values to particular Charities as set out in the Ongoing Donation Form.

Ongoing Donation Form

A form setting out the details for an Ongoing Donation Arrangement that a Donator chooses to enter into.

Ongoing Donations Policy

See our Ongoing Donations Policy below.

Nominated Charity

The Charity nominated by the Seller, Donator, Buyer or Chooza (as the case may be) to receive the Donation in accordance with these Terms.

Nominated Charity Policy

See our Nominated Charity Policy below.

Payment Gateway

Stripe, being Chooza’s online payment processing capability provided and administered by Stripe (https://stripe.com/nz

Payment Policy

See our Payment Policy below.

Personal Information

The information pertaining to a natural person as that expression is defined and used in the Privacy Act 2020.

Privacy & Chooza Communications Policy

See our Privacy & Chooza Communications Policy below.

Purchase

The proposed or actual purchase of an Item via the Chooza Platform which must be undertaken in accordance with these Terms.

Purchase Price

The price that an Item sells for under a Listing which will either be the Fixed Price or the highest bid at Auction (subject to the Reserve being met) which must be paid in accordance with the Payments Policy.

Registered User

A Buyer, Donator, Seller or Charity (as the case may be) who has successfully completed their Registration Application.

Registered Users Policy

See our Registered Users Policy below.

Registration Application

The form that every Registered User must complete in order to become eligible to use the Chooza Platform to buy and sell Items and, in the case of a Charity, to receive a Donation.

Reserve

  • A Seller may stipulate a reserve price for an Item in the Listing, provided that it cannot be less than $15.00 (including GST) and that the Seller cannot subsequently vary the reserve.

  • In the event that the Seller does not stipulate a reserve price for the Item in the Listing, a default reserve of $15.00 (including GST) will be noted on the Listing and the Seller cannot subsequently vary the reserve.

Sale

The proposed or actual sale of an Item via the Chooza Platform which must be undertaken in accordance with these Terms.

Sale Contract Policy

See our Sale Contract Policy below.

School

A state or state-integrated school registered as such by the Ministry of Education, New Zealand.

Schools Registration Policy

See our Schools Registration Policy below.

Seller

A person or entity that sells or proposes to sell an Item via the Chooza Platform.

Selling on Chooza Policy

See our Selling on Chooza Policy below.

Terms

These terms and conditions as updated by Chooza from time to time.

Time of Purchase

An Item will be considered purchased when Chooza has notified/confirmed to the Buyer that all of the following has occurred:

a.             The Buyer:

i.              Is the highest bidder at an Auction and the Reserve has been met; or

ii.             Has successfully made a Fixed Price Purchase.

b.             The Purchase Price has been paid in accordance with the Payments Policy.

VoucherA binding and enforceable ticket, voucher or letter of credit or otherwise which entitles the bearer to utilise for the full value noted in the ticket, voucher, letter of credit or otherwise for the purpose set out in such document which must comply in all respects with the Items Policy.

 

2.             The Chooza Platform Policy

2.1           Whether you’re a Buyer, Donator, Seller or Charity you agree that:

a.             The Chooza Platform operates solely as a:

i.              Marketplace whereby the Seller can advertise and sell its Items directly to Buyers; and

ii.             Convenient medium to enable Donators to make Donations.

b.             Chooza is not an auctioneer for the purposes of the Auctioneers Act 2013 including any associated regulation.

c.             Chooza’s role is simply to provide an independent platform for independent:

i.              Sellers and Buyers to connect with each other and undertake a sale and purchase transaction directly via an internet auction or internet peer to peer transaction; and

ii.             Donators to make Donations.

d.             Chooza helps facilitate a direct sale between a Seller and a Buyer and also helps Seller’s and Donators to make Donations.

e.             By using the Chooza Platform to undertake a Sale or Purchase, you agree that any sale resulting from a listing is a direct sale between a Seller and a Buyer and specifically not with Chooza.

2.2           Every user of the Chooza Platform (including Registered Users) agrees that to the maximum extent permitted by law:

a.             They have not relied upon any statement, representation, inducement, offer or warranty made by or on behalf of Chooza. 

b.             They have been advised to take their own tax advice regarding the transactions they propose entering into via the Chooza Platform.

c.             They are fully responsible for and will not hold Chooza to account for any loss or damage arising from their use of the Chooza Platform in the broadest possible sense and this includes assuming complete and entire responsibility for the purchasing of any Item (including its legality, safety and quality) and any matters arising out of a Donation that they make (including the legality of the Charity, the statements it may have made about what a Donation may be used for and otherwise).

d.             Chooza is not (and never will be) liable to them (or to anyone else) for anything that arises from their use of the Chooza Platform including the actions (or inactions) of other Registered Users you interact with and no matter how that liability may arise (whether through fraud, negligence, inappropriate behaviour, misleading conduct, breach of contract, breach of law or otherwise).

2.3           Every user of the Chooza Platform (including Registered Users) agrees with Chooza that to the maximum extent permitted by law:

 a.             You will assume sole and entire responsibility for and indemnify and save harmless Chooza from and against all claims, costs, liabilities, losses, expenses, responsibility and damages (on an on-demand basis) by reason of any claim, proceedings, action, liability or injury arising out of your use of the Chooza Platform and/or any breach by you of these Terms including (without limitation) where you have breached your covenants and obligations to other Registered Users.

b.             While Chooza will use reasonable, industry standard, efforts to ensure the integrity of the Chooza Platform and all data and information uploaded on or via the Chooza Platform and otherwise contained within it, Chooza is not (and will not be) liable to you or any third party in the event that the Chooza Platform is compromised and that results in any harm and/or loss to you of whatever kind or nature.

c.             You use the Chooza Platform at your own risk. While Chooza will use all reasonable efforts to ensure that the Chooza Platform is working properly at all times, Chooza does not guarantee that the Chooza Platform will work all of the time nor does Chooza take any responsibility for any errors or risks that arise from your use of the Chooza Platform

 

3.             Policies

3.1           By using the Chooza Platform, you agree to and accept each and all of Chooza’s Policies including (without limitation):

a.             The Chooza Platform Policy.

b.             Buyers & Sellers Registration Policy. 

c.             Charities Registration Policy.

d.             Schools Registration Policy.

e.             Registered Users Policy.

f.              Selling on Chooza Policy.

g.             Buying on Chooza Policy.

h.             Anti-Money Laundering Policy.

i.              Sale Contract Policy.

j.              Nominated Charity Policy.

k.             Donations Policy.

l.              Ongoing Donations Policy.

m.            Delivery Policy.

n.             Payment Policy.

o.             Items Policy.

p.             Chooza Fees Policy.

q.             General Terms Policy.

r.              Privacy & Chooza Communications Policy.

s.              Covid-19 Policy.

 

4.             Buyers & Sellers Registration Policy

4.1           In order to:

a.             Transact on the Chooza Platform, you must become a Registered User.

b.             Become a Registered User, you must complete a Registration Application.

 

4.2           To be eligible to become a Registered User you must:

a.             Be an identifiable legal entity like a company or a natural person.

b.             If you’re a natural person, you must be over 18 years of age.

c.             Not be restricted or otherwise prohibited from entering into legal contracts in New Zealand.

d.             Be a New Zealand resident (including a New Zealand tax resident).

e.             If you intend to undertake a Purchase, you must have a credit card in your own name.

f.              You must participate in and fully comply with the Anti-Money Laundering Policy if Chooza requires.

 

5.             Charities Registration Policy

5.1           In order to be noted as a Charity and be eligible to receive Donations via the Chooza Platform, you must be a Registered User:

5.2           To be eligible to become a Registered User as a Charity:

a.             You must be a registered charity under the Charities Act.

b.             Must not be subject to any sanction, order, prosecution or investigation by any government authority.

c.             Always have a current bank account number held with a registered New Zealand bank capable of accepting payments electronically.

d.             You must have paid the Charity Monthly Subscription Fee for the then current month.

e.             You must participate in and fully comply with the Anti-Money Laundering Policy if Chooza requires.

f.              You must be approved by Chooza (in its sole and absolute discretion).

5.3           Every Charity that is a Registered User can also be a Buyer, Seller or Donator.

 

6.             Schools Registration Policy

6.1           In order to be noted as a School and be eligible to receive Donations or otherwise trade via the Chooza Platform, you must be a Registered User.

6.2           To be eligible to become a Registered User as a School:

a.             You must submit to Chooza signed authority (to Chooza’s satisfaction) from your Board of Trustees authorising your ability to become a Registered User.

b.             Always have a current bank account number held with a registered New Zealand bank capable of accepting payments electronically.

c.             You must have paid the Charity Monthly Subscription Fee for the then current month.

d.             You must participate in and fully comply with the Anti-Money Laundering Policy if Chooza requires.

e.             You must be approved by Chooza (in its sole and absolute discretion).

6.3           Every School that is a Registered User can also be a Buyer, Seller or Donator.

 

7.             Registered Users Policy

7.1           Whether you’re a Buyer, Donator, Seller or Charity:

a.             Once Chooza approves you as a Registered User, Chooza will create a Chooza Account for you.

b.             Your Chooza Account is unique to you and it can’t be sold, exchanged, assigned or otherwise passed over to anyone else.

c.             You can’t have more than one Chooza Account.

d.             You must ensure that all of the information you provided in your Registration Application is updated via your Chooza Account login portal as it changes.

e.             You must ensure that you keep your Chooza Account login details securely to prevent unauthorised access to your Chooza Account and you should change your password regularly for the same reason.

f.              You accept all responsibility for any and all activity on and via your Chooza Account and warrant that any and all activity on your on and via your Chooza Account is by a person(s) duly authorised by you to undertake such activity.

g.             Each of the obligations and restrictions contained in these Terms are independent of every other obligation and restriction and of every other provision of these Terms placed on you.

h.             You use the Chooza Platform at your own risk.

7.2           If you’re a Buyer, Donator or a Seller, as long as you meet the following criteria, you can terminate your Chooza Account:

a.             You have completed any transactions that you have undertaken via the Chooza Platform;

b.             At least 5 days have passed since your last Donation; and

c.             There is no unresolved Dispute.

7.3           If you’re a Charity and you wish to terminate your Chooza Account, then:

a.             You must provide Chooza with 20 working days’ notice of your intention to terminate your Chooza Account;

b.             Any termination is subject to Chooza’s acceptance. That’s because you may have been nominated as a Nominated Charity by a Seller or a Buyer for a transaction that is yet to be concluded and you will need to remain a Registered User so that Chooza can process any relevant Donations to you.

c.             If you have sold any item via the Chooza Platform, you must meet the criteria in clause 7.2.

7.4           If you’re a Business User you agree:

 a.             With Chooza (in respect to your use of the Chooza Platform) and every other Business User (that you transact with on the Chooza Platform) that to the maximum extent permitted by law:

i.              The provisions of Part 3 of the Contract and Commercial Law Act 2017 and ss9, 12A, 13 and 14(1) of the Fair Trading Act do not apply to this Agreement and the parties contract out of the same;

ii.             All warranties, descriptions, representations and conditions as to fitness or suitability for any purpose, tolerance to any condition, merchantability or otherwise whether of a like nature or not and whether expressed or implied by law, trade, custom or otherwise are expressly excluded.

7.5           If Chooza considers that you have breached any of these Terms, it may immediately terminate you as a Registered User.

7.6           Immediately on your Chooza Account being terminated (whether by you or Chooza), you will cease to be a Registered User and you will not be able to undertake any transactions via the Chooza Platform.

7.7           If you want to terminate your Chooza Account, then provided you meet all of the criteria above, you can do so through your Dashboard. 

 

8.             Selling on Chooza Policy

8.1           If you’re a Seller, you agree with Chooza that:

a.             In order to be able to list an Item for sale on the Chooza Platform, you must complete the Listing Form.

b.             By completing a Listing Form, you are affirming your agreement to these Terms.

c.             You, in respect of each Item and each Listing:

i.              Are lawfully entitled to utilise any and all intellectual property that you include in your listing including logos and statements and slogans protected by copyright;

ii.             Are the lawful and beneficial owner of the Item;

iii.            Are lawfully entitled to sell the Item as advertised on the Chooza Platform;

iv.            Are registered for GST in New Zealand if it is legally obliged to be;

v.             Will honour your commitments to the Buyer as required by the Consumer Guarantees Act 1993 and all other law and regulation that is applicable to the sale of the Item; and

vi.            Agree that ownership in the Item will transfer from you to the Buyer as soon as the Purchase Price has been paid.

d.             You cannot list an Item for sale unless you physically have that Item in your possession and control.

e.             You must keep that Item in your possession and control until:

i.              The Item is de-listed for sale on the Chooza Platform (pursuant to these Terms); or

ii.             If the Item has sold, you have complied with your obligations under the Delivery Policy.

f.              If you are selling an Item as a Business User you may upload your own terms of sale to a Listing Form. Those terms will apply to the sale of the Item except where they are inconsistent with these Terms.

g.             If you are selling an Item as an Individual User, then you cannot apply any specific selling terms and these Terms shall apply, in full and exclusively, to the Listing.

h.             Except for the exception in clause 8.2, once you list an Item for sale on the Chooza Platform, you are irrevocably agreeing to sell that Item (to a Buyer) for the Purchase Price and otherwise in accordance with the terms set out in the Listing.

i.              You irrevocably instruct Chooza to exclusively receive the Purchase Price from the Buyer in the Chooza Trust Account and to disburse the Purchase Price in accordance with the Donation Policy and otherwise pursuant to these Terms.

j.              Chooza will notify you as soon as it can after the Time of Purchase and you will then immediately issue an invoice to a Buyer for the Item that has sold in accordance with the sale contract terms (see clause 11).

k.             You are responsible for communicating with the Buyer and ensuring that the Item (as advertised in your Listing) is delivered to the Buyer or able to be collected by the Buyer in accordance with the Delivery Policy.

l.              You will abide by all laws and regulations in New Zealand that relates to your use of the Chooza Platform and the proposed and ultimate sale of the Item on the Chooza Platform including (without limitation):

i.              Your taxation obligations including (without limitation) accounting to Inland Revenue for any GST payable as a result of the sale of the Item. For the avoidance of doubt, Chooza accepts no responsibility for collecting and paying GST as a result of any sale on the Chooza Platform.

ii.             Your obligations under the Fair Trading Act 1986, Consumer Guarantees Act 1993 and the Contract and Commercial Law Act 2017 and all other laws and regulations that are applicable to the sale of the Item.

m.            Any advertising and marketing of an Item on the Chooza Platform is fair and accurate to the best of the Seller’s knowledge and belief.

n.             You covenant and agree that you will assume sole and entire responsibility for and indemnify and save harmless Chooza from and against all claims, costs, liabilities, losses, expenses, responsibility and damages (on an on-demand basis) by reason of any claim, proceedings, action, liability or injury arising out of your use of the Chooza Platform and/or any breach by you of these Terms including (without limitation) where you have breached your covenants and obligations to a Buyer or to a Charity.

o.             Chooza can remove your Listing (and any other content you have on the Chooza Platform) and/or suspend or terminate your use of the Chooza Platform if you breach these Terms or where Chooza otherwise considers that to be appropriate.

8.2           If you no longer wish to sell an Item that you have listed, you can remove the Listing but only if:

a.             A Buyer has not committed to purchasing the item at a Fixed Price; and

b.             That removal is at least 12 hours before the closing of the Auction.

8.3           If you have listed an Item for sale on the Chooza Platform but that Item does not sell under its Listing, then you may re-list the Item for sale under a new Listing.

 

9.             Buying on Chooza Policy

9.1           By bidding at any Auction or making a Fixed Price Purchase, as a Buyer you:

a.             Are affirming your agreement to these Terms.

b.             Are also agreeing to accept any specific terms that the Seller, if it is a Business User, has posted to the Listing relating to that Item except where they are inconsistent with these Terms.

c.             Specifically agree that you are purchasing the Item directly from the Seller and not Chooza and, as such, any complaints you have in respect of the Item need to be made directly with the Seller and in accordance with the Disputes Policy. We will provide you with the Seller’s contact information as soon as we can after the Time of Purchase.

d.             You release Chooza absolutely and completely from any claim regarding arising out of your purchase of an Item.

e.             Agree that Chooza can remove your bids and/or suspend or terminate your use of the Chooza Platform if you breach these Terms or where Chooza otherwise considers that to be appropriate.

9.2           In respect of every Item that the Seller advertises for sale on the Chooza Platform, the Seller warrants and undertakes to each of Chooza and the Buyer that:

a.             It complies with the Items Policy and the Listing.

b.             The Seller is the legal and beneficial owner of the Item.

c.             The Item and the Purchase Price are not a donation to the Nominated Charity.

9.3           As a Buyer, you covenant and agree that you will assume sole and entire responsibility for and indemnify and save harmless Chooza from and against all claims, costs, liabilities, losses, expenses, responsibility and damages (on an on-demand basis) by reason of any claim, proceedings, action, liability or injury arising out of your use of the Chooza Platform and/or any breach by you of these Terms including (without limitation) where you have breached your covenants and obligations to a Seller or to a Charity.            

 

10.          Anti-Money Laundering Policy

10.1         Where any proposed transaction via the Chooza Platform is for the sum of $10,000 (including GST) or more or where Chooza otherwise requires from time to time, then:

a.             Prior to being able to complete the transaction, the Buyer and Seller agree that they both must have provided Chooza (to Chooza’s satisfaction) the information requested via the request to complete verification through the CDD Provider:

b.             And any other information that Chooza or the CDD Provider requests.

10.2         Both the Buyer and Seller agree with each other and with Chooza that if the requirements of clause 10.1 are not satisfied to Chooza’s satisfaction, then the sale of an Item cannot proceed.

 

11.          Sale Contract Policy

11.1         The Buyer and Seller each agree and covenant with each other (and with Chooza) that when a Buyer successfully purchases an Item (either via Auction or by Fixed Price Purchase):

  1. Chooza will advise the parties by way of update to the Listing and by email.
  2. The Seller will then issue an invoice for the sale of the Item and send it directly to the Buyer.
  3. Subject to the Payments Policy and the Disputes Policy, as soon as the Buyer pays the Purchase Price as required by the Payments Policy, the Seller has sold the Item to the Buyer and the Buyer has bought the Item from the Seller at the Purchase Price.
  4. If the Seller is a Business User, the Seller will then arrange for delivery of the Item to the Buyer in accordance with the Delivery Policy and the Listing.
  5. If the Seller is an Individual User then the Buyer will arrange collection of the Item pursuant to the Delivery Policy.

11.2         If the Buyer has not paid Purchase Price in accordance with the Payments Policy within 30 minutes of it buying an Item by Fixed Price or within 12 hours of the Time of Purchase when purchasing an Item via Auction (as the case may be), then:

  1. The Buyer and Seller agree that no sale of the Item has concluded; and
  2. The Seller agrees that the Item will automatically be relisted for sale on the Chooza Platform on the same terms as the original Listing.

11.3         The Buyer warrants and undertakes to the Seller that:

a.             It will immediately pay the Purchase Price if it is the successful Buyer of an Item.

b.             The delivery and contact details provided to the Seller (via the Chooza Platform) are true and correct.

11.4         The Seller warrants and undertakes to the Buyer that:

a.             It is the lawful and beneficial owner of the Item.

b.             It is lawfully entitled to sell the Item as advertised on the Chooza Platform.

c.             It is registered for GST in New Zealand if it is legally obliged to be.

d.             Any advertising and marketing of the Item on any platform or via any medium (including on the Chooza Platform) is fair and accurate to the best of the Seller’s knowledge and belief and does not contain any misleading or deceptive statements.

e.             It will honour its commitments to the Buyer as required by the Consumer Guarantees Act 1993 and all other law and regulation that is applicable to the sale of the Item.

f.              Ownership in the Item will transfer from the Seller to the Buyer as soon as the Purchase Price has been paid.

 

12.          Nominated Charity Policy

12.1         As a Seller you can elect a Nominated Charity when creating your Listing.

12.2         If a Seller doesn’t select a Nominated Charity when it creates its Listing, then immediately on submitting its Listing on the Chooza Platform, the Seller irrevocably:

a.             Revokes its right to choose a Nominated Charity for that Listing.

b.             Gives the Buyer the right to select the Nominated Charity on the Seller’s behalf.

12.3         Where the Buyer has the right to select the Nominated Charity, it must do so in order to successfully complete its purchase.

12.4         The appointment of a Nominated Charity as above will be final except that if any of the following situations apply, the Seller agrees that Chooza will select the Nominated Charity and make the Donation to that Charity:

a.             The Nominated Charity you have selected is no longer a Registered User.

b.             The Nominated Charity you have selected is not in full compliance with these Terms (for example, if it is no longer registered as a Charity under the Charities Act or the bank account number that Chooza has for that Charity is no longer valid).

12.5         If you’re a Charity:

a.             And you’ve received a Donation, you agree that you will immediately return that Donation to a Seller (on demand by the Seller) in the event that you were not a registered charity under the Charities Act 2005 when the Donation was made to you.

b.             You agree that you will only use the Donation made to you for charitable purposes as expressly permitted by your charitable trust deed.

c.             Where you have stated that you will apply any Donations for a specific purpose, you will only use the Donation for that purpose.

 

13.          Donations Policy

13.1         Once you’ve sold an Item via the Chooza Platform, the Buyer is required to pay the Purchase Price into the Chooza Trust Account.

13.2         As soon as the Purchase Price is received in the Chooza Trust Account, the Seller agrees that:

a.             Chooza receives the Purchase Price on your behalf and holds it in trust pursuant to the terms of these Terms.

b.             Subject to these Terms, Chooza will then transfer the gross value of the Purchase Price to and for the benefit of the Nominated Charity as a Donation.

c.             Chooza will procure that the Nominated Charity provides you with a Donation Receipt for your Donation.

13.3         If any of the following situations apply, the Seller agrees that Chooza will select the Nominated Charity and make the Donation to that Charity:

a.             The Nominated Charity you have selected de-registers as a Member.

b.             The Nominated Charity you have selected is not in full compliance with these Terms (for example, if it is no longer registered as a Charity under the Charities Act or the bank account number that Chooza has for that Charity is no longer valid).

13.4         If you’re a Nominated Charity, you agree:

a.             That immediately upon request by Chooza, you will provide Chooza with all information (including documentation and files) and in a format that Chooza requires in order that Chooza may generate a Donation Receipt on your behalf. Chooza will only ever use signature(s) you have provided for the purposes of issuing a Donation Receipt and not for any other purpose.

b.             That you authorise Chooza to:

i.              Accept Donations on your behalf from Donators who have appointed you as their Nominated Charity and to deal with that Donation in accordance with these Terms;

ii.             To send, on your behalf, a Donation Receipt to the Donator as soon as the Donation has been made (in accordance with these Terms);

iii.            To generate a receipt number for each Donation Receipt; and

iv.            To send you a statement showing the Donation made to you.

c.             That you are instructing Chooza to, on your behalf, generate a Donation Receipt for each and every Donation made to you and to send such Donation Receipt to the Seller without having the right to consent to the issue of the same.

d.             Provide all reasonable assistance that Chooza requires which arises from any Donation (whether or not that Donation is yet to be made).

e.             To notify Chooza immediately via your Member portal in the event that your charitable status under the Charities Act changes in any way.

f.              To notify Chooza immediately via your Member portal in the event that you become aware that you may not be complying with the Charities Act, or you are the subject of any sanction, order, prosecution or investigation by any government authority.

13.5         As a Donator you agree that:

a.             Any Donation you make is made at your own risk.

b.             Chooza is not (and never will be) liable or otherwise responsible for any statements, representations, promises or otherwise which a Charity may have made and upon which basis you decided to make a Donation to that Charity.

c.             At the time of every Donation made, you are satisfied on the basis of your own judgement and investigations that you wish to make the Donation.

13.6         Whether you’re a Donator or a Nominated Charity, you agree that:

a.             Chooza has not made any representations, warranties or assurances regarding any tax and accounting implications arising from your involvement with the Chooza Platform.

b.             It is possible that your use of the Chooza Platform may result in adverse tax consequences for you and that you assume full responsibility for any and all such consequences.

c.             You are responsible for seeking your own tax accounting and tax advice rising from your involvement with the Chooza Platform together with meeting all taxation obligations which arise as a result.

 

14.          Ongoing Donations Policy

14.1         Where a Donator has entered into an Ongoing Donation Arrangement, then:

a.             You instruct and authorise Chooza to charge your credit card on each day that a Donation is payable under an Ongoing Donation Arrangement.

b.             You can opt out of an Ongoing Donation Arrangement at any time via your Chooza Account provided:

i.              You have provided 2 working days’ notice via your Chooza Account; and

ii.             You have received confirmation from Chooza that the change has been affected.

c.             Unless and until you successfully opt out of an Ongoing Donation Arrangement, you are bound to continue to meet your obligations to make Donations in accordance with the an Ongoing Donation Arrangement.

d.             You can change the amount and/or frequency of an Ongoing Donation Arrangement at any time, but those changes will not be deemed to have taken effect unless:

i.              You have provided 2 working days’ notice via your Chooza Account; and

ii.             You have received confirmation from Chooza that the change has been affected. 

e.             You agree that you will immediately update your credit card details in the event it changes via your Chooza Account login.

14.2         If you’re a Nominated Charity benefiting from an Ongoing Donation Arrangement you agree with the Donator and Chooza that:

a.             The Donator may cancel an Ongoing Donation Arrangement at any time.

b.             Subject to these Terms, a Donator is under no obligation to continue to Donate to you.

c.             The rest of these Terms including (without limitation) the Donations Policy and Fees Policy apply to all Donations made via an Ongoing Donation Arrangement.

 

15.          Delivery Policy

15.1         Chooza will notify the Seller once an Item has been sold.

15.2         If the Seller is a Business User:

a.             Chooza will advise the Seller of the Buyer’s delivery address or requirements.

b.             The Seller must dispatch the Item to the Buyer’s delivery address using a reputable courier service (at the Seller’s cost) within 2 working days of Time of Purchase.

c.             The Seller must keep the Buyer appraised of any potential delays in delivery and use all reasonable endeavours to make sure that the Item is delivered to the Buyer as soon as is practicably possible.

d.             In the event that the Buyer elects to collect the Item from the Seller, the Seller shall ensure that the Item is available for collection at the collection time and place as agreed between the Buyer and the Seller.

e.             If the Buyer elects to have a courier collect the Item, then the Buyer must keep the Seller appraised of the estimated collection time.

f.              The Seller cannot change the collection address unless the Buyer has agreed in writing.

g.             The Seller must use all reasonable efforts to accommodate the reasonable delivery requirements of the Buyer.

15.3         If the Seller is not a Business User, then:

a.             The Buyer must arrange for the Item to be collected from the Seller (at the Buyer’s cost) in accordance with the delivery terms of the Listing.

b.             The Buyer must communicate that to the Seller and agree with the Seller on the date and time that the Item will be collected.

c.             If the Buyer elects to have a courier collect the Item, then the Buyer must keep the Seller appraised of the estimated collection time.

d.             The Seller cannot change the collection address unless the Buyer has agreed in writing.

e.             The Seller must use all reasonable efforts to accommodate the reasonable delivery requirements of the Buyer.

15.4         If an Item is being couriered, it is the Seller’s responsibility to ensure that the Item is:

a.             Properly and efficiently packaged to:

i.              Minimise the risk of any damage to the Item during delivery.

ii.             Mitigate against any increased courier charges arising from unnecessary packaging.

b.             Actually collected by the courier.

15.5         A Buyer or Seller who arranges for an Item to be collected by a third party (such as a courier service):

a.             Must ensure that the Item is adequately insured during transit; and

b.             Is responsible for any loss or damage to the Item that occurs during delivery of the Item.

 

16.          Payment Policy

16.1         Payment of every Purchase Price and every Donation must be undertaken through the Payment Gateway.

16.2         Every Buyer and Donator:

a.             Acknowledges that all payments made in connection with any transaction undertaken on the Chooza Platform is undertaken via a third-party owned and administered payment gateway.

b.             By making any payment to facilitate a transaction on the Chooza Platform, each Buyer and Donator agrees and accepts the terms and conditions of the Payment Gateway.   

16.3         If you’re a Buyer and you’ve paid a Purchase Price, you agree that:

a.             If you have not received delivery of the Item from the Seller within 10 days of the Time of Purchase, the Item is not as advertised or if you have any other reasonable issue with the Item, you will:

i.              Lodge a Dispute in accordance with the Disputes Policy.

ii.             Not under any circumstances instruct your bank or credit card supplier to charge back or otherwise reverse the Purchase Price.

iii.            Chooza will keep the Purchase Price in the Chooza Trust Account for 21 days from the Time of Purchase after which time the Purchase Price will be paid to the Seller pursuant to these Terms if no Dispute has been lodged or if that Dispute has been concluded for the benefit of the Seller and to Chooza’s reasonable satisfaction.

b.             Your acceptance of these Terms constitutes a valid and binding authority from you to your bank or credit card company instructing them to not undertake a to charge back or otherwise reverse the Purchase Price you have paid.

16.4         If you’re a Seller, you agree that Chooza will hold the Purchase Price in the Chooza Trust Account until the later of:

a.             Where no Dispute has been raised in respect of the transaction, then 21 days from the Time of Purchase.

b.             Where a Dispute has been raised in respect of the transaction, then the date such Dispute is resolved in accordance with the Disputes policy.

 

17.          Items Policy 

17.1         You cannot list an item for Sale on the Chooza Platform unless it complies with this Items Policy. If you do, then Chooza may:

a.             Prevent the Listing from going live.

b.             Delete the Listing.

c.             Suspend the Listing for a period of time that Chooza determines while it undertakes a review of the Listing or proposed Listing.

d.             Delete or suspend you as a Registered User.

17.2         Items which cannot be marketed, sold or referred to on the Chooza Platform are any Items which:

a.             Are illegal in New Zealand.

b.             Cannot be legally sold in New Zealand to anyone under 18 years of age.

c.             Are racist, sexist or otherwise harmful (or potentially harmful) to the sensitivities of any group of people that commonly identify themselves as being associated with such group.

d.             Are classified as prescription medication.

e.             Are weapons of any kind including any art or ornament that is made to look like a weapon.

f.              Fall into any of the following categories:

  •  Items that are of a sexual nature.
  •  Any product or thing that contains nicotine.
  •  Any product or thing designed to be inhaled or which enables something to be inhaled including vaping products.
  •  CCTV footage.
  •  Private conversations/images.
  •  Currency (including digital currency).
  •  Digital Content.
  •  Loyalty/membership points (including frequent flyer points).
  •  Laser pointers.
  •  Human body parts or excrement.
  •  Human or animal body fluids.
  •  Keys or security access cards.
  •  Novelty lighters.
  •  Shares and securities.
  •  Live animals.
  •  Tattoo ink.
  • Lottery or raffle tickets.
  • Seat belt extenders.

17.3         The above is not an exhaustive list of Items that cannot be advertised and sold via the Chooza Platform. Bearing in mind that the Chooza Platform is intended to be a social, safe, friendly and helpful community platform, as a Seller you agree that Chooza will have the ultimate right to remove any Listing that it considers is inappropriate and inconsistent with Chooza’s values.

17.4         Where you intend to sell a Voucher and you are the issuer of that Voucher, then you agree that:

a.             You are capable and legally entitled to undertake the services offered.

b.             The Voucher will not expire within 12 months form the date that you have posted your then current Listing for the Voucher.

c.             You will undertake the services to which the Voucher relates in a timely manner.

d.             You will not outsource or subcontract the services offered by the Voucher to anyone else unless the Buyer agrees.

e.             You must prominently display the expiry date of the Voucher in your Listing.

17.5         Where you intend to sell a Voucher and you are not the issuer of that Voucher, then you agree that:

a.             The Voucher has been lawfully issued by the issuer.

b.             The Voucher will not expire within 12 months from the date that you have posted your then current Listing for the Voucher.

c.             You must prominently display the expiry date of the Voucher in your Listing.

17.6         Where there is any Dispute regarding whether or not an Item is in breach of this Items Policy, Chooza shall have the ultimate discretion to determine whether or not the Item is complaint or not (and to take all action that Chooza considers appropriate regarding the Listing or the Registered User itself as Chooza considers appropriate). That is because the Chooza Platform has to be a safe please for all people to use and to have a great experience with.

 

18.          Chooza Fees Policy

18.1         If you’re a Charity, you agree that:

a.             To be eligible to be a Registered User and to accept Donations you must have paid the Charity Monthly Subscription Fee for the current month.

b.             Chooza will record in the Chooza Trust Account ledger every Donation that has been made to you.

c.             A Donation will be considered made to you when Chooza notifies you that it has credited a Donation to you in the Chooza Trust Account ledger.

d.             You will pay Chooza an administration fee equal to 15% (plus GST) of the gross value of every Donation that is made to you via the Chooza Platform. Chooza will send you an invoice for such fees as part of your monthly statement.

e.             Chooza will provide you with a monthly statement on or about the 10th day of every month which details:

i.              All Donations made to you during that month; and

ii.             All invoices that Chooza has issued to you during that month.

f.              Chooza will pay to you the sum of Donations due to you less the applicable Chooza Fees on or about the 20th day of every month, for Donations which were made to you in the preceding month.

18.2         Where a Seller elects to enhance its Listing and a Listing Fee is payable, then:

a.             The Listing will not be updated until the relevant Listing Fee has been paid;

b.             Upon the relevant Listing Fee having been paid, Chooza will activate the Seller’s enhanced Listing.

 

19.          Conduct Policy

19.1         Chooza operates to grow social generosity, and with this in mind we rely on your feedback to help make sure the Chooza Platform is a safe, friendly and helpful community for everyone to benefit from.

19.2         All Registered Users agree that they will:

a.             Make sure any Listings they post are accurate, honest, comply with the Chooza terms and all relevant laws.

b.             Not rush into placing negative feedback about other Registered Users. There are always two sides to a story, so please try and resolve any differences before giving any negative feedback.

c.             Respond to communications from other Registered Users in a timely, friendly and constructive manner (i.e. don’t take more than 24 hours to respond to someone).

d.             Not use the Chooza Platform as a medium to vent or send vindictive communications to or about other Registered Users and will instead use the Disputes Policy to resolve any Disputes.

e.             Not send any messages to other Registered Users that are threating, bullying, inappropriate (both in words and/or images) or in any way harmful.

f.              Not use the Chooza Platform for any purpose other than its intended use (which is to sell, buy or make donations).

19.3         Using the Chooza Platform makes a positive difference to our society, however there are unfortunately instances when people behave in a way that doesn’t align with being friendly, decent, honest, helpful or legal. If you feel someone on the Chooza Platform is in breach of those ideals or is otherwise being abusive, harassing, or their Listing is a scam, potentially illegal or suspicious, then please let us know by clicking on the “Report” button on their Listing so we can address it.

19.4         You can also contact us to report any issues you may have.

19.5         In summary, we expect members of the Chooza community to act in a way that delivers on growing social generosity.

 

20.          Communications Policy

20.1         All communications will be to the email address included in your Registration Application (you can and should update information – see clause 7.1d).

20.2         All Registered Users agree that:

a.             The purpose of Chooza is to operate and grow social generosity, and with this in mind the Chooza Platform must be a safe, friendly and helpful community for everyone to use and benefit from.

b.             All information that a Registered User posts or submits via the Chooza Platform must:

i.              Be polite and respectful.

ii.             Be true and not misleading in any way.

iii.            Not be disparaging or rude (to anyone) in any way.

iv.            Not contain references to anything that is illegal or objectionable.

c.             Chooza will have the sole and unilateral right to delete any content that a Registered User posts or otherwise sends via the Chooza Platform if Chooza considers such publication or communication to be:

i.              In any way inappropriate or harmful (or may be perceived as such).

ii.             In breach of these Terms (including this Communications Policy).

iii.            In breach of any laws, regulations and/or by-laws.

iv.            In any way which would make any person who accesses the Chooza Platform to feel unsafe or disrespected.

d.             In addition to the above, Chooza may also suspend or limit a Registered User's usage of the Chooza Platform or terminate a Registered User’s right to use the Chooza Platform.

20.3         As a Buyer, you agree that:

a.             Chooza will send your contact information (including your phone number, delivery address and email address) to the Seller if Chooza considers this necessary or otherwise appropriate.

b.             The Seller and the Nominated Charity may contact you directly in respect to any transaction undertaken on the Chooza Platform.

c.             Chooza can contact you (including by email) as it considers necessary to properly operate the Chooza Platform (including sending you notification emails regarding Items and Auctions).

20.4         As a Seller, you agree that:

a.             Chooza will send your contact information (including your phone number and email address) to the Buyer and the Nominated Charity.

b.             The Buyer and Nominated Charity may contact you directly in respect to any transaction undertaken on the Chooza Platform.

c.             Chooza can contact you (including by email) as it considers necessary to properly operate the Chooza Platform including (without limitation) to send you notification emails regarding Items and Auctions.

20.5         As a Charity, you agree that:

a.             Chooza will send your contact (including your phone number and email address) to the Seller and the Buyer of each transaction attributed to you.

b.             The Seller may contact you directly in respect to any transaction undertaken on the Chooza Platform.

c.             Chooza can contact you (including by email) as it considers necessary to properly operate the Chooza Platform.

20.6         Whether you are a Buyer, Seller or Charity you agree that:

a.             You will always keep your contact details relating to your Registration current and correct.

b.             You will truthfully and accurately respond promptly to all communications from Chooza, a Buyer, Seller or Nominated Charity which require your response.

c.             Chooza may contact you in a variety of ways including by email, via the Dashboard or otherwise (as Chooza considers appropriate from time to time).

20.7         Buyers and Sellers agree that they will not use another Registered User’s contact information for any purpose other than to facilitate and complete a transaction.

 

21.          Disputes Policy

21.1         A Buyer will have 21 days from the Time of Purchase to raise a Dispute and to attempt to resolve that Dispute.

21.2         If the Buyer wishes to raise a Dispute:

a.             The Dispute must be raised and dealt with strictly in accordance with these Terms.

b.             It must complete all the mandatory fields in the Raise a Dispute via the Dashboard and provide full details of the Dispute being made.

c.             The Buyer’s Raise a Dispute form must be submitted within 21 days of the Time of Purchase.

21.3         If a Buyer fails to raise a Dispute as above within 21 days of the Time of Purchase, then immediately on the expiration of that period:

a.             The Buyer is deemed to have received the Item.

b.             The Buyer is deemed to be completely satisfied with the Item, subject to any statutory rights available to the Buyer.

c.             The Buyer irrevocably directs Chooza to pay the Purchase Price to the Seller in accordance with the Payment Policy.

d.             The Buyer agrees that it can no longer raise a Dispute via the Chooza Platform.

21.4         Remember that a Buyer can only make a claim under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 in respect of an Item if the Seller is a Business User. A Buyer cannot make a claim against a Seller in respect of an Item bought from a Seller that is an Individual User.

21.5         Where a Dispute has been raised in accordance with clause 21.2 then:

a.             Chooza will keep the Purchase Price in a Chooza Trust Account pending the outcome of the Dispute in accordance with this Disputes Policy.

b.             Chooza will notify each of the Seller and the Buyer that a Dispute has been raised and provide details of the Dispute to the Seller.

c.             Each of the Seller and Buyer agree that they will try to resolve the Dispute in good faith as quickly as possible.

21.6         If within 21 days of the Time of Purchase the Buyer and Seller agree that the Purchase Price is to be refunded to the Buyer and the Item returned to the Seller (unless the Seller agrees that the Buyer can keep the Item), then:

a.             Each of the Buyer and Seller need to select the Dispute Resolved - Refund option via their Dashboard

b.             Unless the Buyer and Seller agree otherwise, it will always be the Buyer’s responsibility to arrange for the Item to be delivered back to the Seller in the same condition it was in when it was received by the Buyer and the Buyer must arrange for the Item to be delivered to the Seller as follows:

i.              Dispatch the Item to the Seller’s requested delivery address in New Zealand using a reputable courier service (at the Buyer’s cost) within 5 days of the Buyer and Seller agreeing that the Item is to be returned and the Purchase Price refunded.

ii.             Alternatively, the Item to the Seller’s nominated address in New Zealand.

iii.            The Buyer must keep the Seller appraised of any potential delays in delivery and use all reasonable endeavours to make sure that the Item is delivered to the Seller as soon as is practicably possible.

iv.            If an Item is being delivered by a third party (such as a courier service), it is the Buyer’s responsibility to ensure that the Item is actually collected by that third party and properly and efficiently packaged to minimise the risk of any damage to the Item during delivery.

v.             A Buyer who arranges for an Item to be collected by a third party (such as a courier service) must ensure that the Item is adequately insured during transit and is responsible for any loss or damage to the Item that occurs during delivery of the Item.

c.             In the event that the Seller elects to collect the Item from the Byer, the Buyer shall ensure that the Item is available for collection at the collection time and place as agreed between the Seller and the Buyer.

d.             Chooza will release the Purchase Price from the Chooza Trust Account and refund the same, on behalf of the Seller, to the Buyer via the same payment method (and Payment Gateway) that the Buyer used to pay the Purchase Price. Such payment will be made by Chooza to the Buyer as soon as possible after both the Buyer and the Seller have authorised the refund via their respective Dashboards.

21.7         If within 21 working days of the Time of Purchase the Buyer and Seller agree that the sale of the Item should proceed, each of the Buyer and Seller need to select the Dispute Resolved – Sale Completed option via their Dashboard and as soon as that happens Chooza will release the Purchase Price from the Chooza Trust Account to and for the benefit of the Seller and notify the Buyer and the Seller once completed.

21.8         If within 21 working days of the Time of Purchase the Buyer and Seller have not resolved the Dispute as contemplated by clauses 21.6 or 21.7, then:

a.             The Buyer (Claimant) may select the Dispute Raised with Disputes Tribunal link via their Dashboard within 31 days of the Time of Purchase.

b.             Chooza will then notify the other party that the status of the Dispute has been elevated to In Dispute with DT;

c.             The Claimant must lodge a claim with the Disputes Tribunal within 31 days of the Time of Purchase asking the Disputes Tribunal to resolve the Dispute.

d.             Each of the Buyer and Seller agree that if Chooza has not been notified that the Dispute has been lodged with the Disputes Tribunal within 31 days of the Time of Purchase, then Chooza (in its sole discretion) can determine when the sale, purchase and delivery of the Item shall be deemed to have been effected and, once Chooza makes that decision, each of the Buyer and Seller shall be deemed to have instructed Chooza to credit the Purchase Price to the Seller otherwise pursuant to these Terms.

e.             Each of the Buyer and Seller agree that the Disputes Tribunal decision (including all documents relating to it) will be shared with Chooza.

f.              Unless the Disputes Tribunal decides otherwise, if a Buyer is to return an Item to a Seller, then the Buyer must do so as required by clause 21.6b.

g.             Each of the Buyer and Seller agree that the Disputes Tribunal is irrevocably authorised to disclose any information relating to the Dispute to Chooza if Chooza requires.

21.9         Where the Disputes Tribunal issues a decision in respect of a Dispute, then the Buyer and Seller irrevocably agree:

a.             That they will each provide Chooza with a full and legible copy of the Disputes Tribunal decision by upload via the Dashboard within 3 days of receiving the decision.

b.             With each other and Chooza that they will each fully abide by the decision of the Disputes Tribunal in full and final settlement of the Dispute (to the maximum extent permitted by law).

c.             That they each instruct Chooza to deal with the Purchase Price in a manner consistent with the Disputes Tribunal decision regarding the Dispute.

21.10      Unless your Dispute with Chooza relates to a financial service that we offer (see clause 21.11), where any Registered User wishes to raise a Dispute against Chooza, then Chooza and the Registered User (parties) agree that:

a.             The Registered User will set out in detail the nature of the dispute through the Contact Us section of the website.

b.             The parties will make every effort to resolve the dispute in good faith and by mutual negotiation.

c.             No Dispute can be in respect of a sum that exceeds the value of a Purchase Price of an Item or the value of a Donation or where the Dispute has not arisen from the sale, purchase or attempted sale or purchase of an Item or from a Donation, then $1,000.

d.             In the event that the parties are unable to reach a resolution of the dispute within 21 days of the Dispute first being raised by one party with the other, either party may lodge a claim with the Disputes Tribunal within 28 days of the Dispute having arisen.

e.             To the maximum extent permitted by law, the decision of the Disputes Tribunal will represent a full and final settlement of the Dispute.

21.11      If a Dispute relates to a financial service that Chooza offers or provides, then:

a.             The Registered User must submit a Financial Services Dispute which fully sets out the nature of the complaint by email to info@chooza.com.

b.             Chooza will contact the Registered User and attempt to resolve the Dispute.

c.             If Chooza provides any of the following advice to you relating to your Dispute, then you may submit your Dispute via the Financial Dispute Resolution Service at https://fdrs.org.nz/complaints/make-a-complaint/:

i.               Chooza has notified you of its decision regarding the Dispute.

ii.             Chooza has notified you  that it has formed the view that you and Chooza are unlikely to resolve the Dispute directly.

iii.            3 months has passed since you first notified Chooza of your Dispute as required by clause 21.11a.

d.             You must have lodged your complaint regarding the Dispute with the Financial Dispute Resolution Service no later than:

i.              3 months after receiving notice as referred to in clause 21.11c.i or 21.11c.ii.

ii.             3 years after you first lodged your Dispute with Chooza in accordance with clause  21.11a.

21.12      Nothing in this section shall:

a.             Limit, prejudice or reduce Chooza’s rights and authorities under these Terms including (without limitation) Chooza’s right to terminate a Registered User’s membership.

b.             Prevent a party from seeking injunctive relief from an appropriate Court where failure to obtain such relief would cause irreparable damage to the party concerned.

 

22.          Intellectual Property Policy

22.1         If a Registered User uploads any content that is protected by the law of copyright, trade mark or any other form of intellectual property, that Registered User:

a.             Warrants to Chooza that it is the lawful owner or licensee of such intellectual property and it is entitled to use the same in the manner that it has used it on the Chooza Platform.

b.             Accepts and agrees that Chooza will deal with any illegal use of intellectual property on the Chooza Platform in accordance with its obligations in law including (without limitation) under s92C of the Copyright Act 1994).

22.2         Chooza retains all of its intellectual property rights in full and to the broadest possible extent. Chooza’s intellectual property rights includes (but is not limited to):

a.             Its trade name, logos and marketing statements; and

b.             All our software and source code that we own (or have a licence to use) or otherwise use to operate the Chooza Platform.

22.3         Chooza grants all Registered User’s a limited, non-transferable, non-exclusive and immediately revocable licence to use the Chooza Platform provided such use is undertaken in strict accordance with these Terms.

22.4         However, every Registered User agrees that it shall not do any of the following unless you have obtained Chooza’s consent in writing:

a.             Use our name outside of the Chooza Platform.

b.             Use our logo and/or marketing statements.

c.             Claim any association with Chooza or the Chooza Platform.

d.             Make any warranty, representation or statement on or behalf of Chooza (including the Chooza Platform).

22.5         For the avoidance of doubt, you are prohibited from using intellectual property which you are not expressly authorised by the relevant intellectual property owner to use.

 

23.          General Terms Policy

3.1         Non-Waiver: The failure by Chooza to enforce at any time the provisions of these Terms will in no way be considered to be a waiver of such provisions or in any way to affect the validity of these Terms. The exercise by Chooza of any of its rights or any of its elections under these Terms shall not preclude Chooza from exercising the same or any other right it may have under these Terms irrespective of any previous action or proceeding taken by Chooza.

23.2         No Accord & Satisfaction: No payment by a Registered User that is required to pay any money to Chooza (or by anyone else on its behalf) for any sum less than the amount due and owing by that Registered User to Chooza shall be deemed to amount to accord and satisfaction in respect to the total debt due. Chooza’s receipt and acceptance of any such payments will always be without prejudice to its rights to recover the balance of such debt and pursue any other remedy provided for under these Terms and the law generally.

23.3         Non-merger: On completion or termination of the transactions contemplated by these Terms, the respective rights and obligations of the parties set out herein shall not merge and any provision of these Terms that has not been fulfilled shall remain in full force and effect.

23.4         Partial Invalidity: In the event of the invalidity of any provision of these Terms such invalidity shall not affect the enforceability of any other part or provisions of these Terms.

23.5        Governing Law & Legislation:

a.             These Terms shall be governed by the laws of New Zealand and, subject to these Terms, the parties submit to the exclusive jurisdiction of the New Zealand Courts.

b.             The parties to these Terms shall do such things as are necessary to comply with all relevant national and local legislation, regulations and applicable by-laws in New Zealand.

c.             Subject to clause 23.5d, if in the reasonable opinion of Chooza any covenant, provision or agreement under these Terms does not comply with (or is unenforceable or unlawful under) New Zealand law and/or regulation, then Chooza may require a relevant and reasonable amendment or amendments to these Terms as is enforceable under such legislation and/or regulation.

d.             If the Registered User does not agree to such amendment or such amendment materially defeats the substance of these Terms, then Chooza may terminate its agreement with the Registered User by notice. For the purpose of these Terms, the words the substance of these Terms means the capacity of Chooza to lawfully and properly conduct its business of operating the Chooza Platform.

23.6         Amendments to these Terms: Chooza may update these Terms from time to time and a Registered User cannot utilise the Chooza Platform unless it agrees to such amended terms.

 

24.          Privacy & Chooza Communications Policy

24.1         At Chooza we respect your privacy and are committed to the protection of it.

24.2         All Personal Information is collected directly from the Chooza Platform which you consent to providing to Chooza by agreeing to these Terms. This Personal Information may include, amongst other things:

a.             Identifying information (like your name, date of birth and gender).

b.             Contact information (like your email address, physical address, postal address and contact telephone numbers).

c.             Authentication information (like a government issued ID such as a New Zealand driver’s licence).

24.3         When you create your Chooza Account and when enter into a transaction on the Chooza Platform (including a Sale, Purchase, Donation or buying any of our addon products and services), we collect the information that you provide such as:

a.             First and last name.

b.             Postal and delivery addresses.

c.             Email address.

d.             Phone number(s).

e.             Date of Birth.

f.              Gender (option of prefer not to say).

24.4         If you are a Business User or Charity then, in addition to the information in clause 1.3, we may also require that provide us with the following information:

a.             Business/Charity Name legal name.

b.             Trading Name.

c.             Business/Charity description.

d.             Company Registration Number or Charity Registration Number.

e.             IRD and GST numbers.

f.              Any other information as required in the Registration Application.

24.5         As the Chooza Platform is a transactional marketplace, you acknowledge and agree that:

a.             Any and all of the information in clauses 24.3 and 24.4 may become available to other Registered Users of the Chooza Platform as Chooza considers appropriate (for example, to a Buyer, Seller or Nominated Charity involved in a transaction and including, in the case of a Charity, to enable Chooza to issue a receipt for any Donation received).

b.             You shall not use another Registered User’s contact information for any other purpose than for completing a Sale or Purchase, making a Donation or communicating in respect of such transaction.

c.             Chooza will collect and retain all:

i.              Your Personal Information in accordance with the Privacy Act 2020 (as may be modified by these terms, to the maximum extent permitted by law).

ii.             Your personal Information as required by the Anti-Money Laundering and Countering Finance of Terrorism Act 2019.

iii.            Your Personal Information that you include on any forms that you complete on the Chooza Platform (such as under a Listing, a Buy Now or Auction).

iv.            Communications that you make other Registered Users.

v.             Communications that you make with Chooza including records of any audio conversations that you have with us.

vi.            Other information that you provide to us including your feedback, complaints and responses to our surveys and promotions.

d.             Chooza can use your Personal Information in any investigations it is undertaking to detect and prevent a breach of these Terms.

24.6         In addition, you agree that Chooza can collect additional Personal Information about you by using cookies, beacons, pixels and other similar means. This will let us:

a.             Scrutinize traffic on the Chooza Platform and the effectiveness of our marketing and promotional activities.

b.             Know about how you use the Chooza Platform (such as when you are looking at things, what you are looking at and what transactions you are undertaking).

c.             Determine what kind of transactions you have shown interest in on the Chooza Platform.

d.             See your preferences for Charities, businesses and Items.

e.             Know about your location (by using your IP address) and the type of device you are using.

f.              Add listings to your cart and to your wish list.

g.             Store language settings for you.

h.             Save your view preferences;

i.              Add listings to the recently listed items table.

j.              Save your login information for easy access to your Chooza Account.

24.7         If you do not wish to accept our cookies or if you wish to set your browser to warn you each time a cookie is being sent, or if you wish to turn off all cookies, then please use the options on your browser to assist you.  For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org. However, you agree that if you don’t accept our cookies then you may not be access important functions in the Chooza Platform. Sometimes, this will mean that you cannot conduct a transaction via the Chooza Platform.

24.8         If you have linked or otherwise connected your Chooza Account with third party providers (like Facebook), then those third party providers can send us your Personal Information as you have agreed with them.

24.9         The information collected from you is processed in New Zealand and stored with Australia and stored with Amazon Web Services. We will keep your Personal Information for as long as we reasonably require in accordance with this Privacy Policy, unless we are required by law to hold it longer.

 24.10      Chooza may use your Personal Information for the following purposes and you agree to Chooza disclosing your information for these purposes:

a.             To send you marketing and promotional materials and links that we consider are relevant to you (such as listings that we think you would be interested in, news and information about the Chooza Platform (including that of our Sellers and Charities) and general marketing purposes to encourage and promote the use of the Chooza Platform.

b.             To contact you regarding your use of the Chooza Platform including sending you notifications, alerts and information relating to your use of the Chooza Platform and otherwise assisting you with your use of the Chooza Platform.

c.             To send you the relevant Personal Information of Registered Users that you are undertaking a transaction with (including in respect of Sale, Purchase or Donation) to assist in the completion of a transaction and/or to ensure that any information that needs to be exchanged relating to a transaction can take place.

d.             To send other Registered Users that you are undertaking a transaction with (including in respect of a Sale, Purchase or Donation) your Personal Information to assist in the completion of a transaction and/or to ensure that any information that needs to be exchanged relating to a transaction can take place. 

e.             To send to Charities so that they can contact you directly in the future for their marketing purposes.

f.              To send to its marketing advisors to assist Chooza in developing marketing and promotional campaigns for Chooza.

g.             To sell your Personal Information to third parties (including, without limitation, any other Registered User) who may wish to send you offers, promotions or marketing materials.

h.             To pass on to our Payment Gateway to enable a transaction to be completed and you agree that in order to use the Payment Gateway, you must accept the Payment Gateway’s terms and conditions of use (including its privacy policy) which is completely independent of Chooza.

i.              To pass on to our other third party providers such as the CDD Providers or the Financial Dispute Resolution Service to enable us to give effect to these Terms.

j.              To pass on to our developers and other professional advisors as we consider necessary to enable us to improve the Chooza Platform and to otherwise protect our interests.

k.             To record your Sales, Purchase and Donations history against your profile so that other users can see your trading history on the Chooza Platform.

l.              To allow other Registered Users to post feedback about you and you agree that Chooza is not responsible for the content of any such feedback nor will Chooza ever be liable to you if that feedback is negative or untrue in any way.

m.            To comply with various laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

n.             To share anonymised data, for example, usage and transactional data with third parties for marketing and performance insights.

24.11      Where we provide your Personal Information to our third party providers (such as, for example, the Payment Gateway, CDD Providers, Financial Dispute Resolution Service our developers) or we receive your Personal information from such third parties, you agree and consent to:

a.             The exchange of your Personal Information in that way.

b.             To those providers individual privacy policies.

24.12      If you wish to:

a.             See any third party providers privacy policy, please email us at info@chooza.com and we will procure that they are provided to you.

b.             Update any of your Personal Information that Chooza holds, you may do so via your Dashboard.

c.             Opt out of receiving the Chooza newsletter, you may do so via your Dashboard.

24.13      You may contact Chooza to access, request corrections to, or deletion of, your Personal Information. If you have questions about our Privacy Policy or otherwise wish to contact us about it, please contact us through the Contact Us section of the website.

 

25.          Covid-19 Policy

25.1         Keeping you safe is important to us. 

Yes, you can use our Chooza as normal to support charities, but you must follow the government guidelines in relation to the current alert level in your region.

25.2         If you are unsure of any of these guidelines, please contact the COVID-19 Healthline:

a.             https://covid19.govt.nz.

b.             0800 358 5453 or +64 9 358 5453 if you have an international SIM.

25.3         The Chooza Covid 19 policy takes precedence over any of the other parts of these Terms but only where there is a clear conflict.

25.4         All members must follow the Government’s alert level restrictions.

25.5         If you fail to abide by this Covid-19 Policy, Chooza may suspend or terminate your use of the Chooza Platform.

 26. Complaints Policy 

26.1           Where a Registered User wishes to raise a complaint against:

      a.             Chooza, then it should follow the requirements of clauses 21.10 or 21.11of the Disputes Policy.

      b.             Another Registered User in respect of a transaction then it should follow the requirements set out in clauses 21.1 to 21.9 of the Disputes Policy.


      c.             Another Registered User in respect of such Registered User’s conduct on the Chooza Platform, then:
          i.              The Registered User making the complaint, must set out in detail the nature of the complaint and who it is against via the Contact Us section of the website; and
          ii.             Chooza will endeavour to investigate and deal with that complaint in a manner which we consider reasonable in the circumstances.