Terms and Conditions

KIA ORANA !  

THE WAY WE DO BUSINESS

Please, before You register as a member, take a few minutes to read our conditions - how we do business. If You choose to use our Website, We will treat You as having accepted these conditions. We are a Cook Islands-based marketplace, aiming to provide a marketplace for Cook Islanders wherever You may be. With almost 90% of You scattered around the world, in dozens of different countries, that makes things a bit complex. We want You all to be able to use the Website so We operate in a way that’s slightly different from other online marketplaces.

MEMBERSHIP

Are you an adult? We don’t mind where You live – and you don’t even have to be a Cook Islander to become a member - but if you aren’t an adult, You cannot be a member. In the Cook Islands this means you must be at least 21 years old. In other countries You may be treated as an adult at a younger age (18 in New Zealand for instance).

In applying for membership You promise Us all the personal information You provide is true, correct, and up to date. You also promise you will keep all your personal information up to date. You agree We can make enquiries of You and others to check the accuracy of Your personal information.

You may choose to register as a business with a different name than Your own; if You do this You must also give us your name and other personal information so We know who represents the business. You promise not to trade under multiple identities (whether false or otherwise). You may use a name or nickname but You must give us Your real name and personal information. 

COOK ISLANDS LAW

As We are a Cook Islands business, You agree all Your dealings with Us will be governed by Cook Islands law; We and You both agree that if a dispute between us has to go to Court it will be to the Courts of the Cook Islands.

BUYING AND SELLING ON RAROTRADE.

There aren’t many of us here in the Cook Islands so whether You are a Seller or a Buyer, You  probably may not be here in the Cook Islands. Although You may not wish to rely on Cook Islands law or the Cook Islands Courts, You will want to know exactly what law does apply.

We are not involved in either buying or selling; if You buy or sell, Your sale and purchase is not with Us, it is with the other party to that trade. We just provide a comfortable place for Seller and Buyer to get to know each other and to allow each to build up an “on-line” trading reputation.

However, so there is no confusion or uncertainty, We do require everyone who becomes a member to agree that whether You buy or sell, that contract will be governed by the laws of the Seller’s place of sale.

If You are a Seller, this means You can be sure of the law applying to Your sale before You even list Your sale item; if You are a Buyer, You will have the benefit of the consumer and other protections applying to the Seller in the Seller’s place of sale.  This is important; by using the Website as a member We, and everyone You deal with, will treat You as agreeing to this – if You do not agree with this, or do not understand, You should not become a member.

(a)                  We’re in business to provide a cost-efficient service, but neither telecommunications nor the internet are fault-free – and here in the Cook Islands, not even uninterrupted power can be taken for granted. So, We do not promise this Website and its services will be fault-free or uninterrupted.

(b)                  The internet is not a secure place and for that reason We do not guarantee Our service will be secure.

(c)                  You are probably familiar with data corruption and loss – We do not guarantee that will not happen to Your data on the Website. 

7         WHEN THINGS GO WRONG

Yes – we will make mistakes; some of those may be due to Our carelessness. What does this mean for You?  Quite simply this: 

(a)                  By becoming a member, You agree neither We nor any of those We are responsible for shall have no liability to You for any loss or damage (whether financial or to Your reputation, and whether direct or indirect) that arises from Your becoming a member and Your use of or reliance upon any of the services of the Website.  You agree that this exclusion is as effective as Cook Islands law allows.  Note the extended definitions of “those We are responsible for” and “You” below; this exception covers a wide range of people both on Your side and Ours.  

(b)           If anyone else should bring a claim against Us and that claim relates in any way directly or indirectly to Your use (or abuse) of the Website, then You agree to indemnify Us.  In other words, whatever a court may find we have to pay, You have to repay Us – this includes legal costs and expenses and relates to any loss or damage We may suffer (of any sort) wherever and however we may suffer that loss.   

(c)     As noted above, We may, from time to time, make mistakes – We may be careless in making those mistakes.  In using this site You agree that the exceptions to Our liability and Your indemnity shall apply even if loss or damage is caused by or contribute to in any way by Our carelessness. 

(d)     If anything should happen beyond Our reasonable control, (“force majeure”), then without effecting the clauses above, we will not have any liability to You. 

(e)     If, despite all the agreements and promises set out earlier in this clause, any court should find Us liable, then You agree that our liability to You shall be limited to the lesser of;

 i)                     Any amount You have paid to Us for the provision of services; or

ii)                   NZD$50 and You agree that money shall be due and payable to you at Rarotonga in the Cook Islands. 

(f)         If any Court, anywhere, finds We are unable to enforce or rely on any one of these terms and conditions, (it may be illegal, invalid or enforceable for some reason) then You agree with Us that these terms and conditions are each able to be separated from all the other terms and conditions so that the provision will be severed from the remaining terms and conditions and those shall continue to have full effect.
 

8.          PRIVACY ISSUES 

The Cook Islands has no privacy law.  In fact, being a small Pacific Islands community, very  little is confidential.  However, as part of Our business, we will be professional in the way we handle Your personal information.   Obviously, We retain all information You give us, and We do oversee and supervise Your use of the Website. We do, though, promise We will not allow anyone else to gain access to Your personal information, unless We believe We are required to as a matter of law or We believe We should as part of the proper and responsible conduct of Our business.   

While data that is personal to You will be kept confidential on that basis, one of the features of the Website is that We allow You and other members to view the trading history of all members and provide Feedback.  We think this is a valuable part of Our service and in using the Website you must understand that in the same way You are able to access the trading history of other members, other members will be able to access Yours. 

If You are unhappy with this, do not become a member.     

9.       ABUSE OF RAROTRADE BY YOU 

In becoming a member of Rarotrade You promise to be a honest and responsible user of the website.  This should not be difficult so long as You follow a few simple rules: 

(a)     You are responsible for Your own actions. If You give Your membership details to anyone else, We and other members will treat You as responsible for Your actions as they appear on the website – even if someone else pretends to be You. 

(b)     Don’t sell or trade Your membership (we will terminate Your membership if we find You have done this!) and don’t give Your password or other details to other people.  Encourage them to sign up as members themselves!  

(c)     Please be honest, polite and courteous in Your dealings with all other members.   

(d)     You must not try to alter or modify the Website or interfere in any way with Our software or hardware or anything to do with them.  In particular, any attempt to infect the Website with any sort of virus, robot software or other similar way of accessing the Website or its information, or harvesting data from the Website will be treated by Us as a serious breach. In particular You will not make any use of our feedback except for your individual dealings on the Website. 

(e)     Our message boards should be used responsibly.  You agree not to make any statements that are defamatory or obscene or offensive.  You also agree that You take full personal responsibility for Your comments on any message board and accept that comments posted on a message board are the responsibility (and liability) of those who post them and are not ours.

(f) Bid rigging by using an accomplice to raise the auction price with no intention to purchase is a definite no-no. The integrity of the auction process will be rigorously protected and any users engaging in questionable practices will have their membership cancelled.

   

10      OUR INTELLECTUAL PROPERTY 

(a)     You acknowledge We (and others who have licensed Us to use their software) have spent time, money and effort developing the Website.  You agree that You will not – unless We have specifically given You written permission to do so – copy, reproduce, modify, imitate, or in any way make use of our intellectual property or that of Our licensor.  In short, You will not interfere with Our intellectual property (or that of Our licensor) in Our software, designs, and the overall shape and appearance of the Website. 

(b)     You acknowledge that “Rarotrade” as an online marketplace, is a body of information, “know how” and valuable property having commercial value.  You agree You will in no way attempt to make use of that information other than for the purpose of undertaking Your sales or Your purchases.  You will not transfer the data in whole or in part to any other site controlled by You or anyone else nor will You attempt to deal in a similar way with any of the goods and services featured on the Website belonging either to Ourselves or to others (although obviously, if you are reading this at Google or a similar search engine, we encourage favorable listings!).

11      CREDIT CARD PAYMENTS

We think there may be advantage to You in being able to process Your credit card payments through the Website.  However, We offer this facility for Your convenience of You (whether a buyer or a seller).  We are not involved in the credit card transaction in any way (we do not, for instance, take any commission from any credit card company) and if there is any problem with the credit card transaction, all responsibility rests with the person who is the seller in that transaction.

12       FEEDBACK

Feedback is an important part of Our service.  You promise that You will be honest and courteous in your feedback.  If You are unhappy, We certainly expect You to let other members know, but please use appropriate, polite, language.  We certainly don’t expect You to use Our feedback facility to give information about You or Your contact details – the whole point of feedback is to allow a way for You to let other members know about Your experiences with the member You have dealt with.  Your feedback should be limited to the particular transaction in which You have been involved.

13      SOME SIMPLE RULES FOR YOU AS A SELLER 

(a)          Obviously, we expect You to be honest and accurate in Your listing.  As this is an international site we expect You to specify: 

i)                     the place of sale;

ii)                   the currency of Your asking price;

iii)    Your required payment terms;

iv)  shipping details (options available and whether You will meet the cost of shipping or not); 

b)              You will list Your item in only one category.  We do not want Our website cluttered up with multiple listings, for obvious reasons. 

c)              You promise any item listed by You either belongs to You or is Yours to sell, legally so that when the sale is completed the Buyer gets good legal title to the goods or services. You promise to charge only reasonable amounts for shipping, and to ship the item promptly to the Buyer at the time and in the way promised in Your listing. 

d)              You promise that you will offer nothing for sale that others might consider offensive if offered for sale (and We will make the final decision as to whether anything is “offensive” not You).  

e)              You acknowledge that Your breach of these terms may well attract the interest of Customs, the Police or other authorities either in the Cook Islands, or in some other country, and that as a responsible business, We will co-operate fully with law enforcement authorities.   

f)                We do not vet Your listing before it is screened so You acknowledge Our screening does not mean We accept its content as complying under this condition.   

g)              In the case of every listing, We reserve the right to remove it (whether an auction or a classified) if – in Our sole discretion – We believe its screening is unlawful, inappropriate or contrary to Our interest or to the interest of any member, or to the public interests. 

h)              Rarotrade is a website, and not a search engine.  If You have a business or website of Your own, please do not use a listing with Us to promote that. If You do wish to advertise Your business; our charges for that service are different (and more expensive) for those charged for classified advertisements or the listing of individual goods or services.   

i)                The world is full of “get rich quick” schemes, scams, and other offers; everyone using the internet is familiar with these.  You agree that You will not use the Website in any way, or any of Our services in a way which might be considered by Us or by other members as an attempt to trade in an unfair, fraudulent or unethical way. 

j)                We provide an “auction feature” for Your convenience. We are not auctioneers.  Instead, this feature is designed to stimulate Buyer interest for the benefit of You as a Seller.  As in any auction process, We forbid You to try to push up the price by placing bids – Yourself or others for You. If We find, or any other person advises Us, that You are doing this, You can expect to lose Your membership.  Be aware that We forward Your email details to the successful bidder. 

k)              In using the Website, You agree that if You choose to use Our auction feature, then You will sell Your goods or services to the highest bidder (unless that bidder does not meet Your reserve price).  You promise You will not sell those goods or services to any other person (whether a bidder or not) unless You have failed in all reasonable efforts to conclude the sale with that winning bidder.  We invite winning bidders who believe a Seller has breached this term, to contact Us direct and that seller may lose membership.

14      SOME SIMPLE RULES FOR YOU AS A BUYER

(a)  You should treat our classified ads in the same way You would treat classified ads in a print publication.  Do Your homework, move forward with care, remembering that in the Cook Islands, as in most countries, the law urges You “Buyer beware”.   

(b)  We are not auctioneers, but if You wish to be a member of this site, we expect you to honour the spirit of the bidding process.  This means: 

i.                     Do not place a bid unless You have checked the relevant currency and are prepared to buy the item at that price and currency (remember shipping costs may be extra). 

ii.                   The Website has no feature allowing You to withdraw Your bid once the auction has closed.  Both We (under these conditions) and the Seller (in terms of the agreement between Seller and Buyer) expect You to complete Your purchase.  When You make a bid, the Seller treats You (and You promise) that You have the legal right to make the bid, become a purchaser, and purchase the item.   

iii.                  Unless the Seller allows deferred payment as part of the terms of sale in the listing, You must pay in full and promptly for Your purchase.   

iv.                  If any member of Your extended family, someone You live with, Your friend or anyone else known to You personally has listed as a Seller, You promise You will not bid on that auction unless You wish to purchase that item.  We take, seriously, any attempt by You to artificially raise the price of any auction.   

(c)                              You agree that when You place a bid, the amount of Your bid and Your username will be shown on the Website.  If You win an auction, then Your email address will be supplied by Us to the Seller.   

(d)        If You do not pay for an item in full and promptly, then You will receive a warning from Us if the Seller chooses to complain about You.  We keep a record of all complaints received and We reserve the right – at our discretion – either to suspend or terminate Your membership at any time after We have given You three warnings of this sort.    

15       YOUR BREACH – OUR REMEDIES 

(a)   If You breach these terms and conditions, We reserve all our legal rights against You  and take whatever action We may be entitled to in the Cook Islands, or elsewhere. 

(b)    For example, We may terminate Your membership, or suspend it, and remove all Your listings (if You are a Seller) and all Your bids (if You are a buyer).  

(c)  We also reserve the right to remove all feedback and other data You may have contributed to the Website.  We accept no responsibility for any loss or damage You may suffer as a result of those actions taken by Us, and We may take those actions without giving You any prior warning.   

(d)   You accept that in deciding whether to take this action or not, We will make our own enquiries and will also consider complaints or comments received from other members.   

(e)   You acknowledge that given the international nature of e-commerce and our location in the Cook Islands, it may not be practical to verify comments and complaints.  We will act in good faith at all times, but You agree we shall not be liable if it is afterwards demonstrated that You have been the subject of false or malicious complaints or are free of wrongdoing on Your part.

16         OUR FEES – YOUR ACCOUNT WITH US

  (a)                  We charge fees for all members.  Please visit Our fees page for further details of current fees charged.  As a Cook Islands company, we carry on business in the Cook Islands, all Our fees are in New Zealand dollars. 

(b)                 The Website is designed to ensure that “You pay as You go”.  We do not pay You interest nor (except where these conditions specifically provide) do We expect You to pay interest or further costs.  Fees payable by You will be electronically debited from Your account with Us, but if under any circumstances, that doesn’t happen, You promise that You will pay us monies owed.   

(c)                  When You become a member, we set up an account for You.  That account must remain in credit at all times and may be used by You to meet Your accounts with Us.  Your account cannot be used to pay for items purchased by You from any Seller on the Website – it is just an account to be accessed by Us in settling Your debts with Us.   

(d)                  If Your account falls to a zero balance You must top it up to a minimum of $10.00.  If, Your account balance becomes negative (due to our debiting Your account for services) You must immediately re-establish a minimum credit of $10.00.   

(e)                  We would prefer You pay larger amounts, smaller amounts cause us administrative work.  For this reason, if You pay into Your account an amount less than $10.00 then we will debit, from that, a $2.00 administration fee.  

(f)                    Maintaining Your accounts also involves us in administration work and for this reason, if You do not log on to the Website for a period of 24 months, any balance remaining in Your account at the end of that period will be treated by Us as abandoned by You and will be forfeited by Us.   

(g)                  We reserve the right to suspend or terminate Your membership if Your account remains at a zero balance (or a negative balance) for more than 14 days.  Where, at the time of suspension or termination, You have a negative account balance, You agree that suspension or termination will not prevent Us taking action against You to recover amounts owed by You to Us.  If We take action against You, then You agree that in addition to the negative balance we may recover interest (at the rate from time to time allowed under Cook Islands law) and our reasonable legal expenses (on a solicitor and client cost basis). 

(h)                  If You choose to terminate Your membership with a balance standing to Your credit in Your account, then we will repay that, deducting our $5.00 administration fee.  However: 

i.          If Your account balance is less than $5.00 that will be applied to closing Your account; 

ii           If You breach our terms and conditions and we decide to terminate Your membership, then We will decide whether or not to pay You a refund and may (at our discretion) retain Your credit account if we reasonably believe that amount equates to or is less than our loss (including administrative time and effort) in dealing with You and Your breach; 

iii.         You will only be refunded money You have actually paid into Your account.  We may, from time to time, credit Your account, ourselves.  You will under no circumstances be entitled to redeem those credits in cash. 

     

17   THESE CONDITIONS

(a)   We do change these conditions – and our fees - from time to time (this version was updated on 20 June 2007). Our marketplace is new, and growing, so We expect to review these conditions – and our fee structure - regularly. If You keep using Our Website We will treat You as accepting Our amended conditions – so keep checking!! Keep an eye on our fee structure as well.

(b)     Although there is other material on the Website relating to Rarotrade, and although there may be communications from Us to You from time to time, these terms and conditions (nothing else!) are the whole and only agreement between Us and You.  As noted above, these terms and conditions may change from time to time, but You should rely on those changes on this page of the website and nowhere else.

(c)     These terms and conditions mean what they say.  Do not think – if We do not enforce them strictly on any occasion or for any reason – that We will not do so in the future.  You specifically agree that in those circumstances, We have not waived any of Our rights.

(d)     In these conditions, unless it is obvious they mean something else the following words have these meanings:-                     

 “Buyer” means a member who offers to buy an item;-                    

 “Item” means any goods or services offered for sale, either through Our classified advertisements of Our auction process;-                     

“Member” means a person who has been accepted for membership by Rarotrade, whose registration is current and whose membership has not been suspended or terminated; -                     

 “Seller” means a member who offers to sell an item;-                     

 “those We are responsible for” means each of Our employees, agents, contractors, officers and licensors and licensees;-                       

“Us”, “We” and “Our” mean Rarotrade and include our successors and assigns;-                     

“You” and “Your” mean you and include, should You die, your executors and administrators; and  -                       

“Website” means the linked structure of website pages that make up the Rarotrade internet site