Terms and Conditions

These terms and conditions are the contract between you and My Markets NZ Limited trading as MyMotoMarket (“us”, “we”, “our”, “MyMotoMarket”). By visiting, registering for, purchasing from, listing on, messaging through or otherwise using Our Website, you agree to be bound by them.

We are My Markets NZ Limited, a company registered in New Zealand, company number 9442460, trading as MyMotoMarket.

GST number: Not currently applicable.

Our Website is: www.mymotomarket.co.nz and any related website, page, application or online service owned or operated by us.

Our contact email is: support@mymotomarket.co.nz 

You are: any person who visits, registers for, buys access to, lists on, contacts another user through, or otherwise uses Our Website, including any buyer, seller, business user, private individual, member or visitor.

Please read this agreement carefully and save it. If you do not agree with it, you must not use Our Website or any Service.

These are the agreed terms

1. Definitions

“Business Seller” means a User who lists, offers or sells any item on Our Website in trade or as part of a business, whether registered as a company, sole trader, partnership or other business.

“Buyer” means a User who browses, saves, enquires about, clicks Purchase This Listing for, negotiates for, buys or attempts to buy any Listed Item.

“Checkout” means the online process used by a User to pay any Membership Fee, Listing Fee, Fee Correction or other fee charged by MyMotoMarket.

“Content” means the textual, visual or audio content encountered as part of your experience on Our Website. It includes listings, descriptions, photographs, prices, messages, business details, reviews, comments, feedback and any other content Posted by you or another User.

“Fee” means any Membership Fee, Listing Fee, Fee Correction, Premium Business Service fee or any other charge stated on Our Website from time to time.

“Fee Correction” means an additional payment required where the advertised asking price entered for a Listing exceeds the price tier originally selected and paid for by the Seller.

“ID Verification” means the identity verification process made available through Stripe Identity or any other third party verification provider we use from time to time.

“Intellectual Property” means intellectual property owned by us or licensed to us, of every kind, whether or not registered or registrable in any country, including copyright, trade marks, domain names, software, designs, text, graphics, layout, database rights, know-how and all rights derived from those rights.

“Listed Item” means any motorcycle, trailer, part, accessory, riding gear, helmet, apparel, equipment or other item listed or offered by a Seller through Our Website.

“Listing” means a listing, advertisement, draft listing or renewed listing created by a Seller on Our Website.

“Listing Fee” means the upfront fee charged by us for creating or publishing a Listing, calculated according to the Listing fee tiers Posted on Our Website from time to time.

“Membership Fee” means the one-off fee charged by us for registering as a verified member of Our Website, unless a launch offer or other promotion applies.

“Our Website” means www.mymotomarket.co.nz and any website, platform, page, application, checkout, messaging system or electronic service owned or operated by us. It includes all web pages and functionality controlled by us.

“Post” means to place, upload, submit, list, publish, send or transmit Content to or through Our Website by any means.

“Premium Business Service” means any current or future paid service, package, subscription, enhanced account feature, business listing service, promotion, advertising or other service offered by us to Business Sellers or other Users.

“Purchase This Listing” means the Website function by which a Buyer indicates an intention to purchase or progress a Listing and by which the Buyer’s contact details may be shared with the Seller. It is not payment for the Listed Item and does not make us a party to the user-to-user transaction.

“Seller” means a User who creates a Listing, offers a Listed Item, responds to a Buyer enquiry, or sells or attempts to sell a Listed Item.

“Services” means all services, functions and facilities available through Our Website, whether free or paid, including registration, account access, ID Verification, Listings, messaging, purchase notifications, saved favourites, Membership Fees, Listing Fees, Fee Corrections, support and any Premium Business Service.

“Stripe” means Stripe or any Stripe group company or service provider used for payment processing or ID Verification.

“User” means any Visitor, member, Buyer, Seller, Business Seller or other person who uses Our Website.

“Verified Member” means a User whose ID Verification has been marked by us or our verification provider as successfully completed. Verification does not mean that we have approved, endorsed, screened or guaranteed that User.

“Visitor” means anyone who visits Our Website without registering or logging in.

2. Interpretation
   1. A reference to a person includes an individual, company, partnership, trust, incorporated body, unincorporated organisation and any other legal or commercial entity.
   2. A reference to a person includes that person’s successors, legal representatives, permitted assigns and any person to whom rights or obligations are transferred.
   3. In the context of permission, “may not” in connection with an action of yours means “must not”.
   4. The headings are for convenience only and do not affect interpretation.
   5. An obligation not to do something includes an obligation not to allow or assist any other person to do that thing.
   6. A reference to legislation includes any amendment, replacement, re-enactment or substantially similar law.
   7. This agreement is made in English. If there is any conflict between the English version and any translation, the English version prevails.
   8. Words in the singular include the plural and words in the plural include the singular.
   9. The words “including”, “for example” and similar expressions do not limit the general meaning of the words that come before them.
3. Basis of contract
   1. Our Website is an identity-verified classified listing marketplace for the New Zealand motorcycle community. It is intended to help Users connect in relation to second-hand motorcycles, trailers, parts, riding gear and related items.
   2. Our Website is a classified listing platform and is not an auction platform. We do not conduct auctions, take bids, manage offers, set sale prices, complete sales, collect sale proceeds, or act as auctioneer for any User.
   3. We provide a platform and related technology only. We do not own, inspect, store, transport, finance, sell, buy, verify title to, warrant or guarantee any Listed Item.
   4. We are not a party to any transaction between Users. Any sale, purchase, payment, collection, delivery, courier arrangement, test ride, inspection, negotiation, complaint or dispute about a Listed Item is solely between the Buyer and the Seller.
   5. Subject to these terms, we agree to provide you with some or all of the Services described on Our Website at the prices we charge from time to time.
   6. The contract between us comes into existence when you create an account, use a Service, tick an acceptance box at Checkout, pay a Fee, create a Listing, send a message through Our Website, or otherwise use Our Website after having had access to these terms.
   7. You acknowledge that you understand what is included in the Services and are satisfied that the Services are suitable for your requirements.
   8. If we give free or discounted access to any normally charged Service, including under a launch offer, you remain bound by these terms and any additional rules applicable to that Service.
   9. Some Services, including any future Premium Business Service, may be subject to additional terms Posted on Our Website or accepted at Checkout. If you use such a Service, those additional terms become part of this agreement.
   10. We may refuse, suspend or stop providing a Service where we reasonably consider that doing so is necessary to protect Users, Our Website, our business, our legal position, our payment or verification providers, or compliance with law.
4. Your account, eligibility and personal information
   1. You must be at least 18 years old, resident or located in New Zealand unless we agree otherwise, and legally able to enter into a binding contract. Our Website is intended for Listings where the Listed Item is located in New Zealand and the transaction is intended to be completed in New Zealand.
   2. You must create an account before using marketplace features, including creating Listings, contacting Sellers and using the Purchase This Listing function.
   3. You must provide accurate, current and complete information about yourself and keep it updated.
   4. You are responsible for all activity carried out using your account, login details or password, whether or not authorised by you, unless the unauthorised use resulted from our breach of legal duty.
   5. You must keep your login details confidential and secure and notify us immediately if you suspect unauthorised access or use.
   6. You may not create an account using false details, another person’s identity, misleading business details, or details that you are not authorised to use.
   7. We may refuse registration, require further information, suspend an account, restrict access or close an account if we reasonably consider that the account presents a fraud, safety, legal, operational, payment, verification or reputational risk.
   8. If a person registers or lists on behalf of a business, that person confirms that they are authorised to act for the business and to bind that business to these terms.
   9. A person who uses Our Website on behalf of a business must complete ID Verification in their own name. The business may be required to provide additional business details before its first Listing is published, and those business details may be displayed on Our Website.
5. Identity verification
   1. Every member must complete ID Verification before accessing marketplace features, unless we expressly waive or modify this requirement.
   2. ID Verification is carried out through Stripe Identity or another third party verification provider selected by us. We may change the provider or verification process at any time.
   3. You must provide genuine, accurate and current verification information and follow the instructions given by the verification provider.
   4. A current New Zealand passport, New Zealand driver licence or other accepted identification document may be required. Expired, altered, false or incomplete documents may fail verification.
   5. The verification provider may collect identity document images, facial images, biometric identifiers, name, date of birth, government identity number and other verification information, subject to its own terms, notices and privacy policy.
   6. We record the outcome of verification, including whether verification succeeded and when. Unless expressly stated otherwise, we do not store copies of your identity documents or verification photographs on Our Website.
   7. ID Verification is intended to reduce fake accounts and improve accountability. It is not a police check, background check, credit check, security clearance, endorsement, guarantee of honesty, guarantee of identity in all circumstances, or guarantee that a User will act lawfully or safely.
   8. We do not guarantee the identity, intentions, honesty, conduct, solvency, suitability or actions of any User.
   9. We may limit the number of ID Verification attempts. If ID Verification fails, is not completed, or you do not consent to a particular verification method, we may allow you to try again, require further information, or offer an alternative verification method, but we are not obliged to provide access to Services unless verification is completed to our satisfaction.
   10. You authorise us to rely on the verification outcome provided by our verification provider and to use that outcome for account access, safety, fraud prevention and platform administration.
   11. Any alternative verification method may include manual checks, direct communication, a video call, or other steps we consider appropriate. We may decide the method and conditions of alternative verification, and we may refuse access if we cannot verify you to our satisfaction.
   12. The verification provider may use automated tools to assess whether verification information appears genuine, consistent or linked to suspected fraud, including checks for duplicate, inconsistent or suspicious biometric information and personal information, where those tools are enabled for Our Website.
6. Membership, launch offers and fees
   1. Details of Membership Fees, Listing Fees, Fee Corrections, launch offers and any other Fees are as set out on Our Website and may be updated from time to time.
   2. The Membership Fee is a one-off fee for new Users unless a launch offer, discount or other promotion applies.
   3. As part of the initial launch offer, the first 300 members may receive free membership, including ID Verification, and Listings may be free until 30 September 2026, subject to the launch offer details and eligibility stated on Our Website.
   4. Even where a Fee is reduced to $0 under a launch offer, you may still need to complete the Checkout process so that the required account, verification or Listing steps can be triggered.
   5. Listing Fees are charged upfront and are based on the advertised asking price selected by the Seller when creating the Listing, or any other tier or method stated on Our Website.
   6. There is no commission, success fee or sale-price percentage payable to us on a user-to-user sale unless we expressly state otherwise for a specific Service.
   7. If your asking price is too high for the Listing Fee tier you selected, your Listing may remain in draft or hidden form until the appropriate Fee Correction is paid or the asking price is amended.
   8. Each Listing Fee applies to one Listed Item only. A Listing Fee cannot be reused for another item after the original item sells, is withdrawn or is deleted, unless we expressly agree otherwise.
   9. Listings remain active for 30 days unless hidden, removed, suspended, renewed or otherwise dealt with in accordance with these terms and Our Website rules.
   10. We may allow free relisting of unsold items where the Seller acts on the renewal process or reminders made available through Our Website.
   11. We do not currently offer Premium Business Services. We may introduce Premium Business Services in the future, including services offered on a recurring or subscription basis. We do not currently offer recurring membership Fees unless expressly stated on Our Website and accepted by you at Checkout.
   12. If you subscribe to any future recurring Premium Business Service, the price, renewal period, cancellation method and any additional terms will be shown on Our Website or at Checkout before you commit to that Service.
7. Payment processing and security of payment details
   1. Payments to us for Membership Fees, Listing Fees, Fee Corrections and other Fees are processed by Stripe or another payment service provider selected by us.
   2. Card and payment details are not processed on a page controlled by us. We use one or more online payment service providers who process payment details in a secure environment.
   3. We are responsible only for Fees charged by us for our Services. We are not responsible for payment for any Listed Item, refund of any purchase price, courier charge, transfer of ownership, security interest, finance payout, bank transfer, cash payment, escrow, third party payment arrangement or any other payment between Users.
   4. You must not treat any payment to us as payment for a Listed Item. Payment for Listed Items takes place directly between Buyer and Seller, off Our Website.
   5. You are responsible for ensuring that any payment method you use is lawful, authorised and properly funded.
8. Refunds and fee adjustments
   1. Fees are non-refundable except where required by law, where a specific refund policy Posted on Our Website applies, or where we decide to refund you as a matter of goodwill.
   2. A Listing Fee is not refundable merely because the Listed Item does not sell, sells for less than expected, sells outside Our Website, is withdrawn by you, is hidden, expires, or is deleted by you.
   3. No additional Fee is payable to us merely because a Listed Item sells for more than the advertised asking price, unless you purchased the wrong Listing Fee tier or another Fee is clearly stated on Our Website.
   4. If you pay the wrong Listing Fee tier, you may need to pay a Fee Correction before the Listing is published or re-published.
   5. Where a launch offer or free period applies, we may withdraw, change or end the offer at any time for future Users or future Listings, but this will not affect Fees already paid unless the offer terms expressly say otherwise.
9. Listings and Seller obligations
   1. You may create a Listing only for an item that you own, are authorised to sell, and are legally entitled to offer and transfer.
   2. You must ensure that each Listing is accurate, current, complete and not misleading. This includes the asking price, description, photographs, condition, location, ownership, registration information, Warrant of Fitness status, known faults, modifications, finance or security interests, damage, accident history, provenance and any other information material to a Buyer.
   3. You must not list any item that is stolen, counterfeit, unsafe, unlawful, subject to undisclosed finance or security interests, subject to an undisclosed dispute, recalled where sale is prohibited or unsafe, or otherwise inappropriate for sale through Our Website.
   4. You must promptly edit, hide, renew or mark a Listing appropriately when information changes, when the item is no longer available, or when the item is sold.
   5. You must not use Our Website for drop-shipping or overseas direct-to-consumer fulfilment. Drop-shipping, including shipping direct to purchasers from overseas suppliers, is strictly prohibited.
   6. Listings must relate to genuine items that are appropriate for the New Zealand motorcycle community. Business Sellers may list quality second-hand items, new clearance stock, specialist motorcycle products and other items that, in our opinion, add value to Our Website. Business Sellers must not list large volumes of low-value new items, irrelevant products, or items that are shipped directly to customers from overseas suppliers, including by way of drop-shipping.
   7. You must not create false, duplicate, misleading, speculative or bait Listings.
   8. You must not manipulate Listing categories, asking prices, Fee tiers, search features, messages, identity details or any other Website functionality.
   9. We may refuse, edit, hide, suspend, remove or require changes to any Listing, and may suspend or restrict any business account, if in our opinion the Listing or account breaches these terms, our safety standards, any law, the intended purpose of Our Website, or the quality and relevance standards we set for Business Sellers.
   10. Our review, publication, removal, non-removal or failure to detect an issue with a Listing does not make us responsible for the Listing or Listed Item.
10. Business Sellers and consumer law
    1. Business Sellers are welcome to use Our Website, but they must identify themselves as businesses where required and must not present themselves as private sellers if they are acting in trade.
    2. Each Business Seller is solely responsible for complying with all New Zealand consumer, trading, product safety, advertising, tax, business, record-keeping and other legal obligations applying to that Business Seller and its Listings.
    3. Without limiting clause 10.2, Business Sellers remain responsible for complying with the Consumer Guarantees Act 1993, the Fair Trading Act 1986 and any other law applicable to their goods, services, advertising, prices, statements, guarantees and dealings with Buyers.
    4. A Business Seller must not make misleading or deceptive statements, omit material information, use false urgency, misstate availability, misrepresent condition, misrepresent price, misrepresent ownership, misrepresent business status, or otherwise engage in unfair trading.
    5. We do not act as agent, broker, representative, distributor, retailer, reseller, auctioneer, motor vehicle trader, mechanic, inspection service or consumer law compliance adviser for any Business Seller.
    6. A Business Seller must deal with Buyer enquiries, complaints, statutory rights, returns, remedies, warranties and consumer law obligations directly.
    7. Nothing in these terms excludes, restricts or modifies any right or remedy under the Consumer Guarantees Act 1993, Fair Trading Act 1986 or other law that cannot lawfully be excluded, restricted or modified.
    8. Where a User acquires Services from us in trade, that User agrees, to the extent permitted by law, that the Consumer Guarantees Act 1993 does not apply to our supply of those Services to that User, and that it is fair and reasonable for the parties to be bound by this clause.
11. Buyers and purchase enquiries
    1. A Buyer may use Our Website to browse Listings, save favourites, ask questions, and contact Sellers directly through Our Website.
    2. When a Buyer clicks Purchase This Listing, the Buyer’s name, email address and phone number may be shared with the Seller, and the Listing may be automatically hidden while the Buyer and Seller finalise the transaction off Our Website.
    3. Purchase This Listing is a genuine indication that the Buyer wants to buy or progress the Listing. It is not payment for the Listed Item, does not by itself complete a sale, and does not make us responsible for requiring either User to complete the transaction.
    4. A Buyer must click Purchase This Listing only when genuinely ready to progress the purchase and should not use that function frivolously, speculatively or to block another User.
    5. If a transaction is not completed, there is no obligation on us to force completion, require the Seller to re-list, require either User to continue, decide a dispute or compensate either User.
    6. A Buyer is responsible for checking the Listed Item, asking questions, inspecting where appropriate, satisfying themselves as to condition, suitability, ownership and legality, and deciding whether to proceed with any purchase.
12. Off-platform user transactions
    1. All transactions for Listed Items take place directly between Buyer and Seller and off Our Website.
    2. We do not receive, hold, transfer, protect, insure, guarantee or release funds for Listed Items.
    3. We do not take possession of any Listed Item, supervise collection, supervise courier delivery, supervise payment, verify transfer of ownership, verify cancellation of security interests, supervise test rides, or provide a dispute resolution service.
    4. Each Buyer and Seller is responsible for agreeing all transaction terms between themselves, including price, payment method, timing, inspection, collection, delivery, courier, risk, title, insurance, test ride arrangements, paperwork, cancellation, return and any after-sale communication.
    5. You acknowledge that buying and selling second-hand goods involves risk and that identity verification does not remove that risk.
    6. You must use your own judgement, take appropriate precautions and seek your own advice or checks where necessary before entering into any transaction with another User.
13. Motorcycles, trailers, parts, gear and helmets
    1. Motorcycles, trailers, parts, riding gear, helmets and accessories may have mechanical, structural, legal, safety, finance, ownership or authenticity issues that are not visible from photographs or descriptions.
    2. Before purchasing a motorcycle or trailer, Buyers should consider checking registration details, Warrant of Fitness status, ownership, service history, modifications, finance or security interests, vehicle history and any other information relevant to the item.
    3. Buyers should consider arranging an independent mechanical inspection where appropriate.
    4. We do not recommend purchasing second-hand helmets. Helmets may have suffered impact, degradation, damage or improper storage that is not visible externally. A Buyer who purchases a second-hand helmet does so entirely at their own risk.
    5. Sellers must not list items that are unsafe, counterfeit, materially misdescribed or illegal to sell.
    6. We do not guarantee that any item is genuine, original, compliant, safe, suitable, fit for use, free from defects, free from finance, free from security interests, or free from intellectual property issues.
14. Test rides, meetings, collection and delivery
    1. Test rides can involve significant risk for both Buyers and Sellers.
    2. Before allowing or undertaking a test ride, Users should satisfy themselves that the rider holds the correct licence, that the motorcycle is insured where applicable, that reasonable identification has been exchanged, and that appropriate safety gear is worn.
    3. We do not participate in, supervise, authorise, insure or accept responsibility for test rides or any arrangements made between Users.
    4. Users should take reasonable precautions when meeting another User, including meeting during daylight where practical, considering a public location, telling another person where they are going, and taking another person with them where appropriate.
    5. For shipped gear, parts and accessories, Sellers should wait for cleared payment before dispatch and use tracked courier services. Buyers should check tracking details and inspect items on arrival.
    6. We are not responsible for courier loss, damage, delay, failed delivery, packaging, insurance, freight forwarder arrangements, claims against couriers or any delivery dispute between Users.
15. Prohibited conduct and restricted content
    1. You must not use Our Website to Post Content or undertake activity that is unlawful, fraudulent, misleading, deceptive, defamatory, threatening, abusive, harassing, obscene, discriminatory, malicious, unsafe or otherwise inappropriate.
    2. You must not impersonate any person, misrepresent your identity, misrepresent your age, misrepresent your business status or falsely state or imply any affiliation, verification, approval or endorsement.
    3. You must not collect passwords, login details or unnecessary personal information from another User.
    4. You must not request urgent payment, pressure Users to act unsafely, use suspicious payment arrangements, direct Users to fraudulent payment pages, or otherwise engage in scam-like behaviour.
    5. You must not Post or attempt to sell stolen goods, counterfeit goods, unsafe goods, illegal goods, goods subject to undisclosed finance or security interests, or goods you do not have authority to sell.
    6. You must not use Our Website to send spam, scrape data, harvest contact details, reverse engineer Website functions, introduce malware, interfere with security, overload systems, or bypass restrictions.
    7. You must not use Our Website for commercial purposes not intended by us, including collecting User details for sale, marketing or transfer to a third party.
    8. We may take any action we reasonably consider appropriate in relation to prohibited conduct, including refusing a Listing, removing Content, warning a User, suspending an account, closing an account, reporting a matter to authorities, or taking legal action.
16. Reporting concerns and platform action
    1. If you believe a Listing, User or communication is fraudulent, misleading, unsafe, stolen, counterfeit, unlawful or otherwise inappropriate, you should report it to us promptly at support@mymotomarket.co.nz.
    2. We may investigate reported Listings, Users or communications, but we are not obliged to investigate every report or to reach the conclusion requested by the person reporting.
    3. We may remove, hide, suspend, edit or restrict any Listing, Content or account while we investigate or where we consider it necessary to protect Users, Our Website, our business or compliance with law.
    4. We do not act as arbitrator, mediator, expert, mechanic, insurer, investigator, debt collector or enforcement agency in relation to disputes between Users.
    5. We may provide information to law enforcement, regulators, payment providers, verification providers, insurers, professional advisers or other relevant persons where we reasonably consider it lawful and appropriate.
17. How we handle your Content
    1. You retain ownership of copyright and other intellectual property rights in Content you Post, subject to the licence granted to us in this agreement.
    2. By Posting Content, you grant us a worldwide, royalty-free, non-exclusive licence to host, store, reproduce, display, publish, communicate, edit, crop, adapt, index, distribute, promote and otherwise use that Content for the operation, promotion, improvement, safety and administration of Our Website and Services.
    3. The licence in clause 17.2 includes the right to display Listings, photographs, descriptions, prices, business details and related Content to Visitors, Users and search engines, and to use Content in platform notifications, search results, emails and promotional material.
    4. You represent and warrant that you own or have all rights needed to Post the Content and grant the licence in this clause.
    5. You are personally responsible for any breach of intellectual property rights, confidentiality, privacy, defamation, consumer law or other law caused by Content you Post.
    6. Posting Content does not transfer ownership of that Content to us. We are not obliged to protect or enforce your rights in it.
    7. We may remove or alter Content for technical, moderation, compliance, formatting, safety, security or operational reasons.
18. Messaging and contact details
    1. Our Website may allow Users to send private messages, enquiries or notifications through the platform.
    2. Messages are intended only for genuine buying, selling, support, Listing and transaction-related purposes.
    3. When a Buyer clicks Purchase This Listing, the Buyer’s name, email address and phone number may be shared with the Seller so that the parties can arrange the transaction off Our Website.
    4. Other Users normally see only the display name and information made visible through the account, Listing or business details, unless additional information is shared through platform functionality, message content or by the User directly.
    5. You must not misuse contact details obtained through Our Website. You may use another User’s contact details only for the genuine transaction, enquiry or Listing purpose for which they were provided.
    6. We may monitor, access, store or review messages and related metadata where reasonably necessary for support, safety, fraud prevention, legal compliance, Website operation or enforcement of these terms.
19. Privacy and personal information
    1. Our privacy policy explains how we collect, use, disclose, store and protect personal information. It forms part of the terms on which you use Our Website.
    2. By using Our Website, you agree that we may collect and use personal information for account creation, ID Verification, payment processing, Website operation, Listings, messaging, Purchase This Listing notifications, safety, fraud prevention, support, compliance, records and communication.
    3. We may share personal information with Stripe, payment providers, identity verification providers, hosting providers, email providers, support providers, analytics providers, professional advisers, insurers, law enforcement, regulators and other service providers or recipients where reasonably necessary and lawful.
    4. When you use Purchase This Listing, your name, email address and phone number may be shared with the Seller.
    5. When you list as a Business Seller, additional business details may be visible on Our Website.
    6. We record verification outcome information, including whether verification succeeded and when. Identity document images and verification photographs are handled by the verification provider unless expressly stated otherwise.
    7. You must not Post unnecessary personal information about yourself or another person.
    8. Nothing in these terms limits our obligations under the Privacy Act 2020 or any other privacy law that applies to us.
20. Security of Our Website
    1. You must not modify, copy, damage, interfere with, disable, overburden, circumvent, reverse engineer, scrape, crawl or otherwise misuse any part of Our Website or any software, security, verification or payment process used by it.
    2. You must not share your login credentials with any third party or allow any unauthorised person to use your account.
    3. You must not attempt to obtain unauthorised access to any account, Content, system, data, database, server, payment process, verification process or network connected with Our Website.
    4. You must notify us promptly if you become aware of any security breach, unauthorised account access or suspicious activity.
    5. We may suspend or restrict access immediately if we reasonably suspect security misuse, attempted fraud, system abuse or other conduct that may harm Our Website, Users or service providers.
21. Availability, changes and data storage
    1. We may update, improve, suspend, withdraw, interrupt or change Our Website or any Service at any time.
    2. We will try to give reasonable notice of significant planned interruptions where practical, but we are not obliged to do so.
    3. Our Website may be interrupted for maintenance, updates, technical faults, provider issues, cyber incidents, payment or verification provider issues, legal requirements or other reasons beyond our control.
    4. We are not liable for any loss arising from interruption, unavailability, delay, data loss, message delivery failure, Listing expiry, Listing visibility issue, account issue or technical fault, except to the extent liability cannot lawfully be excluded.
    5. We may set limits on Listing numbers, messages, storage, photographs, file sizes, account features, relisting, renewal, support or other Services.
    6. We may delete, archive or restrict messages, Listings, drafts, expired Listings, account data or other Content in accordance with our operational needs, retention practices and privacy policy.
22. Intellectual Property
    1. All Intellectual Property in Our Website, our branding, software, design, layout, text, graphics, database structure, trade marks and original content belongs to us or our licensors.
    2. You may use Our Website only for the purposes intended by these terms.
    3. You must not copy, reproduce, adapt, distribute, frame, scrape, commercially exploit, reverse engineer or misuse any part of Our Website except as expressly allowed by these terms or by law.
    4. You must not use the MyMotoMarket name, logo, trade marks or branding without our prior written consent.
    5. You may create a normal hyperlink to Our Website provided that the link is fair, lawful, not misleading and does not damage our reputation or imply association, approval or endorsement where none exists.
23. Disclaimers and limitation of liability
    1. This clause applies to the fullest extent permitted by law.
    2. Nothing in these terms excludes, restricts or modifies any right, remedy, guarantee, warranty or liability that cannot lawfully be excluded, restricted or modified under New Zealand law, including under the Consumer Guarantees Act 1993 or Fair Trading Act 1986 where applicable.
    3. Our Website and Services are provided as a platform service. We do not warrant that Our Website or Services will be uninterrupted, error-free, secure, available at all times, free from defects, free from harmful code, or suitable for any particular purpose.
    4. We make no representation, warranty or guarantee in relation to any User, Listed Item, Listing, transaction, payment between Users, test ride, collection, delivery, courier, ownership, condition, authenticity, safety, legality, suitability, Warrant of Fitness, registration, finance, security interest, modification, product compliance or Seller conduct.
    5. We are not liable for any loss arising from the act, omission, statement, Content, Listing, conduct, default, dishonesty, negligence, breach of law or breach of contract of any User.
    6. We are not liable for any amount paid by a Buyer to a Seller, any unpaid amount owed by a Buyer, any refund relating to a Listed Item, any loss of or damage to a Listed Item, any accident, injury, property damage, theft, scam, failed transaction, failed collection, failed delivery, courier issue, test ride issue, mechanical defect, finance or ownership issue.
    7. We are not liable for indirect or consequential loss, loss of profits, loss of business, loss of opportunity, loss of goodwill, loss of data, loss of use, wasted expenditure, emotional distress, reputational loss or any similar loss, whether foreseeable or not.
    8. Subject to clauses 23.1 and 23.2, our total liability to you for all claims arising out of or in connection with Our Website, Services or these terms is limited to the greater of NZD 100 and the total Fees you paid to us for the relevant Service in the 12 months immediately before the event giving rise to the claim.
    9. Any public liability insurance or other insurance held by us does not increase, extend or alter our liability beyond the limits and exclusions stated in these terms, except where the law does not permit liability to be limited or excluded.
    10. The exclusions and limitations in these terms apply to our directors, officers, employees, contractors, agents, service providers and related entities, who may rely on them to the extent permitted by the Contract and Commercial Law Act 2017 or any other applicable law.
24. You indemnify us
    1. You agree to indemnify us and keep us indemnified against all claims, demands, losses, liabilities, damages, costs and expenses arising directly or indirectly from your breach of these terms, your use of Our Website, your Content, your Listing, your transaction with another User, your Listed Item, your payment or non-payment to another User, your conduct, or your breach of any law.
    2. Without limiting clause 24.1, this indemnity includes claims arising from inaccurate or misleading Listings, defective or unsafe items, counterfeit items, ownership disputes, finance or security interests, intellectual property infringement, privacy breach, defamation, consumer law breach, test rides, accidents, delivery issues, courier issues, product safety issues, regulatory breach, or any dispute between Users.
    3. A Business Seller indemnifies us against any claim made by a Buyer, regulator, authority or other person arising from the Business Seller’s goods, services, statements, consumer law obligations, Fair Trading Act compliance, Consumer Guarantees Act compliance, business status, taxes, products, warranties or dealings with Buyers.
    4. For the purposes of this clause, our costs include reasonable management time, technical time, investigation costs, debt collection costs, legal costs and professional adviser costs.
25. Suspension and termination
    1. You may stop using Our Website at any time. You may request closure of your account by contacting us, subject to completion of any reasonable verification, record-keeping or compliance steps.
    2. We may suspend, restrict or terminate your account or access to any Service at any time if you breach these terms, fail verification, misuse Our Website, create safety concerns, create legal or reputational risk, fail to pay a Fee, misuse another User’s information, or if we reasonably consider suspension or termination necessary.
    3. Termination or suspension does not affect rights and obligations that arose before termination or that are intended to continue after termination.
    4. If your account is suspended or terminated because of your breach, we are not obliged to refund Fees unless required by law.
    5. We may retain records after account closure where reasonably required for legal, regulatory, tax, accounting, insurance, dispute, fraud prevention, safety or legitimate business purposes.
26. Complaints and disputes between Users
    1. Users should try to resolve transaction disputes directly with each other.
    2. We may, but are not obliged to, provide information, restrict accounts, remove Content or take other platform action where a dispute suggests fraud, safety risk, legal breach or breach of these terms.
    3. We are not obliged to determine who is right in a User dispute, force a refund, force delivery, force completion of a sale, inspect an item, decide ownership, decide legal rights, or compensate either User.
    4. If a dispute arises between you and us, the parties agree to try to resolve it in good faith before commencing formal proceedings, unless urgent relief is required.
27. Changes to these terms
    1. We may change these terms from time to time.
    2. Changes take effect when Posted on Our Website or when otherwise notified to you, unless the notice states a later date.
    3. If you continue using Our Website or any Service after the change takes effect, you will be treated as having accepted the updated terms.
    4. If a change materially affects a paid Service you have already purchased, we will act reasonably and in accordance with any applicable law.
28. Miscellaneous matters
    1. These terms, together with any additional Service terms, Checkout terms, privacy policy and rules Posted on Our Website, form the agreement between you and us.
    2. If any term is held by any court or authority to be void, invalid or unenforceable, it shall be treated as changed or reduced only to the minimum extent necessary to make it valid and enforceable, and the remaining terms shall continue in force.
    3. No failure or delay by us to exercise any right, power or remedy operates as a waiver of it.
    4. You may not assign, transfer or subcontract your rights or obligations under these terms without our prior written consent.
    5. We may assign, transfer, subcontract or otherwise deal with our rights and obligations where reasonably necessary in connection with the operation, sale, transfer, restructuring or continuation of Our Website or business.
    6. Any communication to be served on either party may be delivered by hand, sent by post, sent by commercial courier or sent by email. Email to you may be sent to the last email address you provided or used on Our Website.
    7. We may disclose information, including account history, assigned IP numbers, verification outcome, Listing history, payment records and message records, to judicial, regulatory, law enforcement or other proper legal authorities where lawful and appropriate.
    8. Neither party is liable for failure or delay caused by circumstances beyond its reasonable control, except that this does not excuse payment obligations already due.
    9. The validity, construction and performance of these terms are governed by the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the New Zealand courts.