1. Platform Role & Transaction Disclaimer
uDong Market (“we”, “us”, “our”) provides an online intermediary platform for users to connect and trade.
Not a Party
We are not the seller, supplier, or agent of any goods or services listed by users. We are not a party to any contract formed between users.
User Responsibility
All aspects of a transaction—including quality, safety, legality, delivery, and refunds—are the sole responsibility of the seller and buyer.
No Guarantee
We do not verify the identity of users or the accuracy of listings. You participate in transactions and offline meetings at your own risk.
2. "As Is" Service & No Warranties
To the fullest extent permitted by New Zealand law:
- The Service is provided on an “as is” and “as available” basis.
- We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
- We do not warrant that the Service will be uninterrupted, secure, or error-free.
3. Limitation of Liability
To the maximum extent permitted by law, uDong Market shall not be liable for any indirect, incidental, or consequential damages (including loss of profits, data, or goodwill) arising from your use of the Service.
Liability Cap
If we are found liable despite the exclusions above, our total aggregate liability for all claims shall not exceed the greater of:
- The total fees paid by you to us in the three (3) months preceding the claim; or
- NZD $100.00.
Exceptions
This limitation does not apply to liability that cannot be excluded under New Zealand law, such as fraud or wilful misconduct by us.
4. Professional Sellers ("In Trade")
Under the Fair Trading Act 1986, users who sell goods or services "in trade" (as a business) have specific legal obligations.
Disclosure
If you are "in trade", you must clearly disclose this status in your listings.
Compliance
You are solely responsible for complying with consumer laws, including providing accurate descriptions and honouring consumer guarantees.
Indemnity
You agree to indemnify uDong Market against any losses or penalties resulting from your failure to disclose your "in trade" status or comply with your legal obligations.
5. Consumer Rights (CGA & FTA)
Nothing in these Terms is intended to limit or exclude your rights under the Consumer Guarantees Act 1993 (CGA) or the Fair Trading Act 1986 (FTA), except where:
- You are using the Service for business purposes, in which case you agree that the provisions of the CGA will not apply to the extent permitted by law.
6. Third-Party Links & Services
We are not responsible for the content or practices of third-party websites (e.g., payment gateways or external links) linked through our Service. Their respective terms govern your use of such services.
7. Indemnity
You agree to indemnify and hold harmless uDong Market and its affiliates from any claims, damages, or legal fees arising from your breach of these Terms, your use of the Service, or your violation of any third-party rights.
8. Service Interruptions & Force Majeure
We are not liable for any delay or failure in performance resulting from causes beyond our reasonable control, including technical failures, natural disasters, or government actions. We reserve the right to modify or suspend the Service at any time for maintenance or security.
9. Governing Law
The laws of New Zealand govern this Disclaimer. Any disputes shall be subject to the non-exclusive jurisdiction of the New Zealand courts.
