This contract sets out your rights and responsibilities when you use kinwi.co.nz (our “Platform”), including on any mobile application (“App”). The Terms below are a legally binding contract between you and Kinwi Limited (“Kinwi”). The website kinwi.co.nz is operated by Kinwi Limited. Our services (“service/s”) consist of everything involved in providing the Kinwi marketplace to users.
Throughout this document, the terms “we”, “us”, and “our” refer to Kinwi. The terms “you”, “your”, “user” and “visitor” refer to anyone using our Platform, even if you are just browsing our website. Please see our Glossary at the end of this document for further clarification on the words used.
Kinwi offers this website, including all information, tools and services available from this site to you, the user, conditional upon your acceptance of all Terms of Use, including this document, our Privacy Policy, our Selling Policy and our Prohibited and Restricted items Policy. These Terms of Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, and/ or contributors of content. These Terms of Use and all separate agreements whereby we provide you service shall be governed by and construed in accordance with the Laws of New Zealand. In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, however such determination shall not affect the validity and enforceability of any other remaining provisions.
Kinwi provides the Platform for an online marketplace to bring together Kiwi buyers and sellers. In providing this Platform Kinwi does not participate in the actual sale of items, or the transaction itself. Kinwi does not manufacture goods, hold inventory, or deliver items on behalf of our sellers. Kinwi does not act as an agent for either party. Kinwi is a marketplace comprised of individual third-party sellers who run their own stores, create their own policies, and are responsible for their inventory, shipments, and complying with the law.
Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not access this website.
Any new features or tools which are added to the current Platform shall also be subject to these Terms of Use. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of, or access to the website following the posting of any changes constitutes acceptance of those changes. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. In some instances we have given examples to help explain what we mean. The examples given may not include all possible examples.
You must be 18 years or older to use our Platform: Minors under 18 are only permitted to use our Platform with the consent of a parent or legal guardian, with their appropriate permission and under their direct supervision. You are responsible for any, and all activity conducted by a minor dependent on our Platform.
You must reside in New Zealand
You agree to give your consent for Kinwi to provide Electronic communications with you: (including all legal Terms and legally-required disclosures): This covers all of those messages, including the Terms, Policies and user agreements applicable to your use of our Platform, billing statements, transaction information, privacy disclosures, tax statements, and other legal documents. You also consent that your agreement with electronic terms and disclosures has the same legal effect as if you had signed an agreement on paper. We will generally communicate using the email address listed in your Kinwi account, but may also post announcements on our website and/or in a seller’s dashboard. To ensure that you receive Electronic Communications, you should make sure that the contact information in your Kinwi account is accurate. Kinwi is not responsible for your failure to receive Electronic Communications if you failed to update your contact information. Please see our Privacy Policy for further information on how we will communicate with you.
You must provide accurate information: It is strictly prohibited to use false information or impersonate another person or company. You agree not to post any content that is false and misleading or uses the Platform in a manner that is fraudulent or deceptive.
Code of conduct: Please be respectful and conduct yourself honestly and in good faith at all times. Respond to email communication promptly. Do not engage in retaliatory feedback or behavior. Please make your best endeavors to resolve issues before you place negative feedback. Do not spam previous buyers/sellers.
Use appropriate language & content: Whether you’re listing items, writing reviews, or communicating with other users on Kinwi, discrimination and hate speech are strictly prohibited. Kinwi prohibits the use of our Platform to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against people based on the following personal attributes; race, colour, ethnicity, national origin, religion, gender, gender identity, sexual orientation, age or disability. Hate speech occurs when violent, offensive, derogatory or demeaning language is directed at a person or group based on their one or more group attributes. You agree that you will not post any content that is offensive, or that infringes someone else’s intellectual property rights, or that is in violation of our Prohibited & Restricted items Policy.
Your account: You will need to create an account with Kinwi to use our seller service, but this is optional for buyers. You are solely responsible for any activity on your account, so it is vital that you keep your account password secure. You are responsible for any, and all account activity conducted by a dependent minor on your account. You must maintain and update your personal and account information to ensure it is always current and correct.
Copyright: We grant you a limited, non-exclusive, non-transferable and revocable licence to use our Platform in accordance with our Terms. We retain all of our intellectual property rights, including our rights in the software and source code used. You agree not to adapt, reproduce, store, distribute, duplicate, publish or create derivative works, commercialise or on-sell any information obtained from our Platform, or exploit any part of our Platform without express written permission by us
Respect our Platform: You agree not to interfere with, or try to disrupt our Platform, for example by distributing a virus, worm, excessive requests to our Platform, or other harmful or destructive computer code. You agree not to crawl, scrape, or spider any page of our Platform or to reverse engineer or attempt to obtain the source code of the Platform (including both Kinwi Intellectual Property and Seller Content) without our express permission.
Personal information: You agree that we may disclose your personal information in accordance with our Privacy policy, including your name and contact details to complete a transaction, as well as any transactional records, site interactions or other relevant information as stated in this Policy.
You agree to comply with applicable laws: These may include but are not limited to; the Fair Trading Act 1986 , the Consumer Guarantees Act 1993, the Harmful Digital Communications Act 2015, the Copyright Act 1994, and the Trade Marks Act 2002.
Your suggestions and ideas to improve our Platform are appreciated! These are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, royalty-free, irrevocable, sub-licensable, perpetual license to use and/or publish those suggestions and ideas for any purpose, without compensation to you.
We reserve the right to refuse service to anyone, for any reason, at any time. A breach or violation of any of our Terms will result in an immediate termination of your access to our service.
Items you purchase: You understand that Kinwi does not manufacture, store, or inspect any of the items sold through our Platform. We provide the Platform to connect buyers and sellers in New Zealand only, and you acknowledge the items listed in our online marketplaces are produced, listed, and sold directly by independent sellers. Therefore Kinwi can not, and does not, bear any liability or responsibility for the safety, quality or legality of any Items that are listed on the Platform, or the accuracy or truth in any listings. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Kinwi from any liability for guarantees or assurances that a Seller has made regarding an item they have listed, including any implied warranties. We cannot guarantee or warranty that any item listed on our Platform will meet your requirements or expectations. All transactions and other contact between you and other Users is entirely at your risk. In any transaction, your legal relationship is with the seller, not with Kinwi.
Content you access: You may come across materials that you find offensive or inappropriate while using our Platform. We make no representations concerning any content posted by users on our Platform. Kinwi is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users on our Platform. We cannot guarantee or warranty that any information posted on our Platform, including feedback, is error-free or reliable. You release us from all liability relating to that content.
People you interact with: You can use our Platform to interact with other individuals, either online or in person. However, you understand that we do not screen Users of our Platform, other than to meet certain compliance and legal obligations, and you release us from all liability relating to your interactions with other users. We take no responsibility for any misconduct of our Users. For example, we are not liable if; a person has registered under false pretenses & has attempted to defraud you; the seller doesn’t have the right to sell the item; or a buyer fails to complete a transaction. Please be careful and exercise caution and good judgement in all interactions with others, especially if you are meeting someone in person.
Third-Party services: Our Platform may contain links to third-party websites or services that we don’t own or control or are not affiliated with us (for example, links to Social media, New Zealand legislation.) You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. The third parties may require you to accept their own Terms of use. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Kinwi is not a party to those agreements; they are solely between you and the third party. Complaints, claims, concerns, or questions regarding third-party products should be directed to that third-party.
Accuracy, completeness and timeliness of information: We are not responsible if information made available on this Platform is not accurate, complete or current. The material on this Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Platform is at your own risk. This Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. For example, our links to New Zealand legislation may be outdated if the legislation is updated. We reserve the right to modify the contents of this Platform at any time, but we have no obligation to update any information on our site.
Warranty: You understand that our Platform is provided “as is” and is without any kind of warranty (express or implied). We work hard to ensure the security and performance of our Platform but we don’t guarantee that it will be 100% secure, uninterrupted or error-free. You use the Platform solely at your own risk. We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade. We will do our best, but we do not guarantee that; the Platform will be secure or available at any particular time or location, any defects or errors will be corrected, the Platform will be free of viruses or other harmful materials, or the results of using the services will meet your expectations. To the maximum extent permitted by law, you assume full responsibility for any loss or damage that results from your use of our Platform. In no case shall Kinwi, our directors, employees, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. We won’t be liable to you or any other person in connection with the Platform, this website, your use of the Platform and App, or another User’s acts or omissions, whether for negligence, breach of contract, breach of statutory duty or otherwise. We won’t be liable for anything that is outside of our reasonable control. We won’t be liable for any loss or damage, whether direct or indirect. For example, we won’t be liable for loss of profits, loss of business or anticipated savings, general or special damages, or consequential or incidental loss. Any information or advice that we may give you regarding or during your use of our Platform is also subject to the disclaimers in these Terms and won’t create any warranty that isn’t expressly given in these Terms.
Indemnification: If Kinwi gets sued because of something that you did, you agree to defend and indemnify us. To the fullest extent permitted by law, neither Kinwi, nor our employees, directors or service providers, shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of, or in connection with, the Platform or these Terms. You agree to indemnify, defend and hold Kinwi, our directors, and employees, harmless from any legal claim or demand (including reasonable lawyer’s fees) that arises from your actions, your use (or misuse) of our Platform, your breach of the Terms, or you or your account’s infringement on someone else’s rights. You agree to indemnify us and hold us harmless against any claim made by yourself or any third party that is in any way related to; your access to, or use of our Platform; your failure to complete a transaction; your sale or attempted sale of a prohibited item; your breach of these Terms; or any content or item that you submit, post, transmit or make available through our Platform. Your indemnification under this clause covers all losses, damages or expenses (including legal costs) that we may suffer or incur. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
We reserve the right to discontinue the Platform at any time: Kinwi reserves the right to change, suspend, or discontinue our Platform, at any time, for any reason. We will not be liable to you for the effect this may have on you, including your income or your ability to generate revenue through the Platform.
All the sellers on our platform are deemed to be “In Trade” as they are crafting or growing items with the intention of selling them. This gives you, the buyer, protection under the Fair Trading Act and the Consumer Guarantees Act. Our payment gateway, Stripe, validates the identity of sellers before they are able to accept credit/debit card payments. Our sellers are required to provide valid identification as well as proof of address before they can open a Stripe account to accept payments.
Disclaimer: Kinwi works on a system of trust. We trust our sellers are being honest and transparent as per our Terms of Use. We cannot guarantee the conditions under which items listed for sale were made. Kinwi is not responsible for any production partners chosen by our sellers. Kinwi does not screen every listing before sellers publish them to our Platform, meaning that from time to time you may come across listings that do not qualify for our marketplace. When sellers sign up to sell on Kinwi, they agree to follow our policies. It’s each seller’s responsibility to make sure their store and its items are compliant with our Policies. Please contact us if you feel a listing has breached our selling policies.
Account: You do not have to open an account to buy on the Kinwi marketplace, however we do recommend this for the tracking of orders, as well as the ability to open a ticket if any issues arise.
You may open a support ticket by logging into your account and going to the Orders page. My Account -> Orders page.
Here you can click on the relevant order and open a support ticket based on;
Once you submit a ticket, a new “Support Ticket” tab will open under My Account for you to check your tickets for any updates, change the priority and status, as well as adding a new reply.
If you choose to open an account please choose a secure password and do not share it with anyone. You will be responsible for any unauthorized activity on your account if this is compromised.
Your responsibilities: You agree to provide current, complete and accurate purchase and account information for all purchases made on our Platform. Once you complete a purchase on Kinwi we’ll provide your email to the Seller so the transaction can go ahead. The seller can then arrange shipping or collection. Credit/debit card payments are processed immediately, but please pay promptly if you have chosen to pay by bank deposit. This will need to be done manually, as our payment gateway does not have access to your bank account. This is a legally binding contract between you and the seller. Please contact us if you have any problems with the transaction and we’ll do our best to mediate. If a refund is needed for any purpose, this will be refunded back to the original payment source only, to guard against fraud. If this won’t work (e.g. because your credit card has expired or your bank account has closed), we will contact you to determine the most appropriate way to get you your money back.
Please ensure details are correct: A buyer is not eligible for a refund if you, the buyer made the mistake. For example, an item is custom made and you ordered the wrong size or colour, changed your mind or provided an incorrect delivery address or contact details. Every effort will be made to display colours of items listed as accurately as possible, but we cannot guarantee that your computer monitor’s display of any color will be accurate. If exact colour is important we suggest you contact the seller to obtain more accurate colour codes to assist in your choice.
Safety: Kinwi maintains records associated with transactions only and does not pass any secure data, including credit card numbers or bank account information, to any sellers. Sellers will only receive delivery information and limited buyer account information necessary to complete the order. Kinwi’s Privacy Policy further explains how Kinwi handles user information. We do not screen every listing on Kinwi but trust our sellers will follow our Terms of Use and not list prohibited, stolen, unsafe or offensive items. Please let us know if we have missed something and we will take the appropriate action.
Feedback: We appreciate your feedback on a seller or an item they are selling as it helps guide other buyers to make an informed choice on a purchase. It also helps Kinwi confirm that sellers are meeting expectations. Please be honest, considerate, constructive, and recognise the value of positive feedback to our sellers. Your feedback must not contain offensive or defamatory language or content.
Paying by credit card: While we facilitate payment by credit card, our payment gateway, ‘Stripe,’ simply passes on payments made by the buyer directly to the seller and we aren’t involved in the transaction itself. Sellers are responsible for any refunds. ‘Stripe’ has robust systems in place to reduce the risk of credit card fraud, but we are not responsible for protecting you from credit card fraud. Please see further information about how Stripe protects against fraud under “Payment gateway” below.
Our payment gateway enables Sellers to offer online credit/debit card payment as an option to buyers in the Kinwi marketplace. We have chosen Stripe as our payment gateway due to the advanced security features they offer.
Stripe Radar uses sophisticated machine learning trained daily on data from millions of global businesses to protect you from fraud. Stripe’s machine learning system continuously monitors all payments processed by our users. This fraud prevention toolset contains powerful machine learning algorithms. This process detects patterns across payments processed with Stripe, assessing the risk level of each. By learning from millions of global businesses processing hundreds of billions in payments each year, Stripe can assign risk scores to every payment and automatically block many high-risk payments. Stripe algorithms adapt quickly to shifting fraud patterns It even monitors for fraudulent activity after a transaction has been processed. This can occur if Stripe detects further activity on the card which now suggests it’s being used fraudulently, or if they receive an alert from the card network.
Stripe is fully PCI-DSS compliant with Stripe Elements hosted input fields. This means Stripe Elements transmits all sensitive data directly to Stripe without passing through our servers to remain PCI-DSS compliant. Stripe has been audited by a PCI-certified auditor and is certified to PCI Service Provider Level 1. This is the most stringent level of certification available in the payments industry. To accomplish this, they use the best-in-class security tools and practices to maintain a high level of security. Stripe forces HTTPS for all services using TLS (SSL) and uses HSTS to ensure that browsers interact with Stripe only over HTTPS. All card numbers are encrypted at rest with AES-256. You can read more about Stripe’s security measures here. The Payment Request API is a browser standard that Stripe and a selected group of industry leaders are developing in cooperation with the World Wide Web Consortium (W3C). You are able to view Stripe’s Privacy Policy here.
Disclaimer: Kinwi only facilitates the Stripe payment gateway to enable this option for transactions. Kinwi does not take any part in the sale itself including acting as an agent for either party. Kinwi makes no warranty that the Stripe payment gateway will meet the requirements of all users, or that this service will be uninterrupted, timely, secure or error free. Kinwi accepts no responsibility or liability for any misconduct or mistakes by users or other third parties who are involved in the transaction. From time to time Stripe’s fraud protection systems may block legitimate payments. In these cases, payment will need to be made by other means. Kinwi is not liable for incorrectly declining transactions. Kinwi may refuse service of a payment gateway to anyone, for any reason, at any time. Kinwi may set limits on the value or number of transactions that members can make using a credit/debit card within a given period. These transaction limits may be changed by Kinwi at any time. Kinwi reserves the right to decline or refund transactions that we believe to be high risk, fraudulent, or otherwise in violation of Kinwi’s Terms of Use.
This is covered in our Selling Policy, which forms part of our Terms of Use.
Anyone opening a seller account on the Kinwi marketplace is deemed to be “In Trade.” This gives buyers peace of mind and protection under the Fair Trading Act and the Consumer Guarantees Act.
Kinwi users agree to conduct themselves in good faith and to respond promptly to communications with Kinwi regarding any dispute.
Disputes with Other Users
If you find yourself in a dispute with another user of our Platform, we encourage you to contact the other party first to try to resolve the dispute amicably. If you are a seller, act responsibly and promptly to fix any product faults within a reasonable time after the sale (other than those caused by unreasonable use) or offer a replacement or refund.
Buyers and sellers who are unable to resolve a dispute related to a transaction on our Platform may Contact Us for assistance. Kinwi will attempt to help you resolve the dispute in good faith, based solely on our interpretation of our policies, and in our sole discretion. However we will not make judgements regarding legal issues or claims and Kinwi has no obligation to resolve any disputes. Please keep in mind that we’re not a party in any transaction between you and another user, and there’s only so much we can do. We encourage you to post feedback on the seller about the transaction prior to raising a dispute as this can assist with resolution.
We’ll consider your situation, and if you meet the below eligibility criteria and we believe your situation is appropriate, we may be able to refund you if an item:
Send us any photos that will help establish the nature and condition of the item, evidence of purchase, and tracking numbers to show whether it was delivered, and we will do our best to help resolve the dispute. We’ll look at what’s happened, applying rules under the Consumer Guarantees Act 1993, Contract and Commercial Law Act 2017, Fair Trading Act 1986 or other relevant laws, to determine whether an item is not as described. If it’s likely you’d be protected by these laws and a refund is appropriate, we may be able to give you your money back.
Normally for a “not as described” dispute, you must return the item to the seller. We expect sellers to cover the cost of return shipping, and for you and the seller to work together in good faith to get the item returned. Returned goods should be done so tracked, and for items worth over $250, any return shipping will need to be sent via ‘signature required’ courier.
In particularly complicated scenarios we may refer you to the Disputes Tribunal instead. Buyers and sellers accept the advice of Kinwi as to whether a buyer will qualify for a refund, but this doesn’t affect the buyers’ and sellers’ ability to refer the matter to the Disputes Tribunal or a Court. Users authorise Kinwi to provide the other party with any correspondence or evidence relevant to the dispute. In limited circumstances, Kinwi may also provide a party’s contact details to the other party to help resolve the dispute (but will always seek the member’s permission first).
Buyers understand and agree that they won’t be eligible for further remedy if they have initiated a credit or debit card chargeback for the item through their bank or payment card company.
You agree to release Kinwi from any claims, demands, and damages arising out of disputes with other users or parties. We will do our best to mediate but unfortunately cannot guarantee resolution.
Disputes with Kinwi
If you’re upset with us for any reason, let us know, and we will do our best to resolve your issue. But if we are unable to come to a resolution, then either party can seek remedy through the Disputes Tribunal or other New Zealand legal method available.
Pre-owned items may only be offered for sale in our “Kiwiana & Vintage” & “Music, Movies & Books” categories. A guide to the condition of the item is listed below to ensure that items listed are “as described.”
“As New” condition
Books: Looks like a new copy and may never have been read. Cover is undamaged with no marks, dents or tears. Spine has no creasing and there are no pages missing or creased. The dust jacket is included and intact, if the book comes with a dust jacket. There will be no annotations, underlining, or highlighting in the text, or any remainder marks.
Records, CDs & DVDs: Looks new. May never have been watched or listened to, or removed from shrink wrap. Cover should have no signs of wear and should not be broken, bent or cracked. Boxed sets should be intact with no scratches or dents. Disc/record should have no scratches or smudges.
Other products: Looks like a brand-new, unused, unopened item in its original packaging, with item intact.
“Very Good” condition
Books: This has been read, but is still in very good condition. Wear and tear should be minimal. The cover and spine should be undamaged with no creases or tears. The pages will be intact in their binding, with none missing and no misprints or creases. Dust jacket may not be present. There will be no annotations, underlining, or highlighting in the text. It may contain a remainder mark. Identifying marks inside will be minimal (this does not apply to an author autograph). The book may be protected with plastic seal.
Records, CDs & DVDs: Can have slight wear and tear to the case or box set but only minor dents or scratches. No cracking to the case or breakages to the internal casing. May not have shrink wrap. No scratches or scuffing on the disc/record. May have a remainder mark on the barcode.
Other products: Item has had limited use and remains in great condition.
“Good” condition
Books: This has been read, but is still clean and without stains. Some slight yellowing may be present on the pages. Book may be covered in clear plastic seal. Cover should be without holes/tears, but may show signs of wear around the edges, and the spine may be slightly creased. Dust jacket may not be present. Pages can include some annotations/margin notes and highlighting, but these should be minimal. No pages should be missing. Some minor creasing, tears or miscut pages may be present. These may be ex library books with stamps, and this should be made clear in the listing.
Records, CDs & DVDs: Some wear and tear on the case and the paper slip, or curling to the plastic film cover, but case not broken. May not have a slipcase or shrink wrap. May have some exterior scratches, scuff marks/corner damage/minor dents to a box set. Can have minor surface scuffing and marks on the disc/record, however nothing that affects playback.
Other products: The item shows wear consistent with use, however it remains in good condition and in working order. May be slightly marked or show signs of use.
“Acceptable” condition
Books: Obviously read or used. May have some stains and yellowing on pages; dust jacket will not be present or can have tears. Cover may be marked or damaged, spine may be creased, but should have no major tears. Should still be readable, however may contain loose pages or misprints, but these should be minimal and identified in the listing. Can contain annotations and highlighting, however this should not obscure the text. Some very old editions or rare copies may be significantly worn at the edges but should be clearly identified as such.
Records, CDs & DVDs: Case may not have shrink wrap or slipcase, and may have minor cracks but disc should still be secure in the case. Will still close securely. Disc/record can have some surface marks but nothing that affects playback. Box sets should hold together however may be worn or dented. May have remainder marks.
Other products: Item shows visible signs of wear and tear from previous use but is in working condition.
Your account can be terminated by either party. However, the obligations and liabilities of the parties as set out in these Terms, prior to the termination date, shall survive this termination for all purposes. If you, or Kinwi, terminate your account, you will lose any information associated with your account, including your content. All transactions between users must be completed before you can terminate your account.
You may contact us to terminate your account with Kinwi at any time, for any reason. You will still be liable for any outstanding amounts due, up to, and including the date of termination. Transactions formed prior to the agreement’s termination shall remain in full force and effect. If you visit our Platform after termination, our Terms of Use will apply.
We may terminate or suspend your account and your access to our Platform without notice should we have reason to believe you, your content, or your use of our Platform violate our Terms. If we do so, you acknowledge that you don’t have a contractual or legal right to continue to use our Platform in any way. We may also warn other Users of your actions. If we don’t immediately take action on a breach of these Terms, that doesn’t mean we’re giving up any rights to do so at a later date.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use from time to time. You can review the most current version of the Terms of Use at any time by visiting this page. It is your responsibility to check this page periodically to view the latest Terms. If we believe that the changes are material, we’ll let you know by posting notification of the changes through our Platform and/or sending you an email or message about the changes. Changes will be effective upon the posting of the changes unless otherwise specified. If urgent/substantive changes are required, we’ll generally give you at least 14 working days’ notice to give you an opportunity to review the changes before they go into effect. That way you can decide whether you want to continue using the Platform. Your continued use of, or access to our Platform following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
If you have any questions about these Terms, please contact us here or email us at customercare@kinwi.co.nz
If you experience discrimination or hate speech, or you believe a listing violates our Prohibited & Restricted items Policy, please report it to customercare@kinwi.co.nz and we will promptly investigate.
Our category images may or may not represent an item currently available for purchase on our site. Some images used are sourced from public domain, creative commons sites including;
Flickr.com
Pexels.com
Unsplash.com
Pixabay.com
Images are used to represent a general category and provide crafting ideas for sellers.
Content means any of your listings or anything you have posted on our Platform.
Item(s) means goods or products that may be bought or sold through the Kinwi marketplace.
Listing means a product or item listed for sale on our Platform.
Platform means our website/site or application through which our marketplace is offered.
Seller includes any person opening a store on our Platform and placing a listing for the sale of an item.
Service/s is everything involved in providing the Kinwi marketplace to users.
Site our website kinwi.co.nz
Store a seller’s shop or stall on our marketplace.
Terms means these Terms Of Use, our Privacy Policy, our Selling Policy and our Prohibited & Restricted items Policy.
User means anyone using our Platform or App, for any reason, whether they have an account or not.
Visitor means anyone browsing our Platform.
We, us, our and Kinwi are a reference to Kinwi Limited.
You, your, user and visitor are a reference to you.
