Moon Mama - Terms of Use

MOON MAMA LIMITED - TERMS OF USE    

Welcome to Moon Mama. We are an online marketplace where our members can buy and sell pre-loved baby clothing, toys, travel and nursery items and accessories. Our members will also have access to a directory of like-minded conscious businesses and regular journal features from a range of Mothers, brands and holistic wellness professionals. 

  1. ACCEPTANCE OF TERMS OF USE
  1. MEMBER REGISTRATION –

 2.1 To register as a Member of our Site (“Member”) you must:

  1. be at least 18 years old;
  2. be an individual;
  3. be residing in New Zealand (as our buy/sell platform is currently NZ wide only)
  4. complete the Member application form on our Site
  5. receive an acceptance email from us; and
  6. verify your account within 48 hours of receiving our acceptance email.

2.2 In completing the Member application form, you warrant that you have provided us with true and accurate information and will not register more than one account with us.

2.3 We reserve the right, in our sole discretion, to decline your membership application.

2.4 You agree to keep your log in information secure and confidential at all times and you will not permit any other person to use your account.

2.5 You will notify us immediately if you become aware of a security breach of your account. 

  1. OPERATION OF THE MOON MAMA SITE

3.1 Members may sell or purchase pre-loved high quality baby clothing, toys and accessories through our Site.

3.2 Listings may only be of products and/or brands that meet the criteria of our quality standards. You must not list any replicas or counterfeit items. We reserve the right, in our sole discretion, to decline and/or remove a listing. 

3.3 By listing an item for sale on our Site (as a “Giver”), you warrant and represent that: 

  1. you have the full legal authority to do so;
  2. the description of the item is truthful and accurate;
  3. if the item is purchased, you understand that you are obliged to complete the transaction pursuant to the terms set out in your listing and you will undertake your best endeavours to complete the transaction promptly.

3.4 By purchasing an item on our Site (as a “Receiver”), you warrant and represent that:

  1. you have the full legal authority to do so;
  2. you have read the item description carefully before proceeding to buy;
  3. if an item is purchased, you understand that you are obliged to complete the transaction pursuant to the terms set out in the Giver’s listing and you will undertake your best endeavours to complete the transaction promptly;

3.5 A Giver must specify the cost of shipping upon listing the item. The shipping terms shall form part of the agreement for sale and purchase of the item listed. To ensure the safe transport of items sold, we recommend Givers and Receivers courier items and require a signature before delivery is completed. If a Member chooses to send or accept a delivery from a courier company without a signature, then they do so at their own risk. 

3.6 Items must be in an orderly and clean state upon selling. 

3.7 A Giver may modify or withdraw their listing at any time before it is accepted by a Receiver.

3.8 All sales and purchases agreements completed between a Giver and Receiver on our Site create a legally binding contract between the Giver and Receiver (“Transaction”). There is no ability to cancel a Transaction unless the Giver and Receiver both agree to do so in writing and in such case we may choose to refund our Transaction Fee, in our sole discretion.  

3.9 When a Transaction is confirmed through our Site the payment will be made through the third party provider Paypal. Paypal will hold the funds for 12 days before depositing the funds into the “Giver’s’ bank account. If the “Receiver” finds the item arrives in poor condition or it differs from that advertised they have 10 days from purchased date to request a refund or lodge a complaint.  Once a sale is made Moon Mama will disclose the required contact information to the parties involved via email to exchange mailing information.

3.10 Upon completion of a Transaction, the Giver and Receiver will be prompted to submit feedback on one another using our star chart. We reserve the right, in our sole discretion, to withhold, modify or delete any feedback from a Member’s account.

3.11 If a Transaction is confirmed through our Site but something goes wrong (i.e. the item is not received by the Receiver, or the Giver is not paid for the item) then we reserve the right to investigate what has gone wrong and take such steps as we deem appropriate, in our sole discretion. This may include, but is not limited to, cancelling the Transaction and/or refunding our Transaction Fee to the Giver less any Cancellation Fees (see Fee Schedule).

  1. FEES –

5.1 Our fees are detailed in our Fees Schedule and can be viewed below. We reserve the right to change our fees at any time.

5.2 All fees are charged in New Zealand Dollars and include GST (if any), unless otherwise stated. 

5.3 We will charge a Transaction Fee against a Giver’s account based on the price agreed upon by the parties when completing a Transaction through our Site.

5.5 You agree that if we are not able to charge any Transaction Fees and/or other amounts payable by you under these Terms to your credit card due to insufficient credit then we may seek to recover these amounts from you through a debt collection agency and/or legal proceedings.

5.6 If you change your credit card, you agree to promptly notify us of your new credit card details and update your account information.

5.7 Our Members are solely responsible for complying with their own tax obligations in regard to any payments made or received through our Site. Moon Mama has no responsibility for such tax obligations.

  1. USER OBLIGATIONS

6.1 As a user of our Site, you agree and accept that you: 

  1. will use our Site in good faith;
  2. are solely responsible for all activity which occurs through your account, including any feedback posted;
  3. may share your listing/s on social media platforms;
  4. will not offer to sell or buy any item to or from (as applicable) another Member outside of our Site, if you have been introduced to that Member through our Site and such an act would have the effect of avoiding liability for our Transaction Fee on the Transaction;
  5. will not use the physical address and/or contact details of another Member which you obtain when completing a Transaction through our Site for any purpose other than the purpose intended by these Terms and, further, that you will hold such information on a strictly confidential basis;
  6. will not use our Site for any improper purpose, advertising or marketing;
  7. will not use our Site to buy and sell baby clothing, toys and/or accessories in conjunction with any business you may own or be directly or indirectly involved in;
  8. will not list your contact details anywhere on our Site (including, without limitation, within a listing) other than via email once a Transaction has been confirmed;
  9. will not engage in any act which modifies, alters or deletes all or any party of our Site or its software. This shall include, but is not limited to, the introduction or use of any viruses, corrupted files or data mining or harvesting resources and these words shall have the widest possible interpretation;  
  1. INACTIVE ACCOUNTS-

7.1 If a Member does not log into their account for a consecutive period of 12 months or longer then the Member shall be deemed to be inactive and we have the right to delete or suspend their account, in our sole discretion. Any credit held against the account shall be reimbursed to the Member. Any debit balance shall be charged against the Member’s Paypal account.

7.2 A Member may apply to have their account re-activated by contacting us and submitting a re-activation request.

  1. RISK AND LIMITATION OF LIABILITY

8.1 You acknowledge and agree that Moon Mama is an online marketplace which provides a platform for its Members to sell and buy items. We are not directly involved in any Transaction between our Members and give no representation or warranty that a Member will uphold their side of a Transaction.

8.2 Any act or omission performed or undertaken by a user of our Site is done so at the user’s sole risk. 

8.3 Moon Mama gives no representation or warranty as to the identity, honesty, reliability or solvency of its Members, or the function, working order or quality of any items listed by them.

8.4 Moon Mama gives no representation or warranty that our Site will be available and functioning at all times and we reserve the right to alter, suspend or remove our Site at any time, whether temporarily or permanently.

8.5 Our site is provided on an “as is” basis and, to the maximum extent permitted by law, all warranties and representations (whether expressed, implied or statutory) relating to our Site, and its use, are excluded. 

8.6 Our Site may contain journal content from third parties, links to third-party websites and a directory of businesses who manufacturer and/or sell conscious baby clothing, toys, travel and nursery items and/or accessories. The intention of these features is to share ideas and knowledge with our Members, allowing them to make their own decisions on a variety of topics and products to purchase. In doing so, Moon Mama gives no representation or warranty as to the quality, accuracy or suitability of any third-party content, website and/or business nor are we endorsing such matters. Users of our Site must use their own judgment when deciding which information and/or products to adopt or purchase.

8.7 You acknowledge and agree that Moon Mama accepts no liability for, nor shall it be liable for:

  1. any act or omission of a user of our Site;
  2. the performance and/or continued availability of our Site;
  3. any event beyond our reasonable control;
  4. any damage, loss, liability, cost or expenses which any user of our Site incurs;
  5. any loss of profit and/or indirect and/or consequential loss (howsoever arising) arising out of any activity on our Site.

8.8 In the event that Moon Mama is found liable for any of the matters referred to in clause 8.7 then its liability shall not exceed the greater of: -

  1. the value of the item sold or rented under the Transaction; or
  2. the sum of $500. 

8.9 You agree that we are not an auctioneer under the Auctioneers Act 2013 or any successor legislation.

  1. DEFAULT

9.1 Should a Member default in payment or be declared bankrupt, or otherwise become insolvent, then in addition to any other rights and/or remedies we may have, we may demand immediate payment of all amounts owing to us.

9.2 We may charge penalty interest at a rate of 15% per annum on any amount outstanding after the date payment was due to us under these Terms. Penalty interest is payable from the date payment was due until the date payment is received by us. This clause is without prejudice to any other rights and/or remedies we have in respect of outstanding monies.

9.3 We may, in our sole discretion, allocate any payment received from a Member towards any amount outstanding as we see fit and we may do so at the time of receipt or at any time afterwards. 

9.4 Any costs, expenses and disbursements incurred by us in enforcing our rights under these Terms, including solicitor-client costs, shall be recoverable from the Member in default. 

  1. TERMINATION

10.1 We reserve the right to suspend or terminate your membership with us, with immediate effect, if we determine, in our sole discretion, that you have breached our Terms. This is without prejudice to any other rights and/or remedies we have against you in respect of your breach. 

10.2 Notice of suspension or termination will be provided by email and your account will be deactivated or deleted (as applicable).

10.3 If your membership is terminated: 

  1. any monies owing to us will become immediately due;
  2. you must not register or attempt to register a new account with us.
  1. INDEMNITY 

11.1 You agree to indemnify Moon Mama from and against all actions, claims, losses, damages, costs, expenses and disbursements incurred by us and/or any of our directors, arising directly or indirectly out of: 

  1. your use of our Site; and/or
  2. your breach of our Terms; and/or
  3. our enforcement of our rights under these Terms.

11.2 For the avoidance of doubt, the indemnity in clause 11.1 includes any costs and disbursements, including solicitor-client costs, we incur in enforcing our rights under these Terms against you. 

  1. INTELLECTUAL PROPERTY

12.1 Moon Mama is the owner of all past, present and future proprietary and intellectual property rights on our Site and its software, content and images and any copyright works created by us through the use of our Site (“Moon Mama’s IP”).

12.2 You agree that you will not use Moon Mama’s IP without our prior written consent, such consent may be withheld in our sole discretion.

12.3 By using our Site, you agree that you grant us a non-exclusive, royalty-free, worldwide licence to use and share any content you upload on our Site for the purposes of publishing content on our Site or the sites of third parties we are associated with, ensuring our Site can function as intended, the promotion of our Site and for any other purpose we may deem suitable, in our sole discretion, provided the purpose relates to our business and its services, directly or indirectly or the business and services of third parties we are associated with. 

  1. DISPUTES

13.1 You acknowledge and agree that Moon Mama is not a party to any Transaction or contract between Members and therefore we have no obligation to partake in or attempt to resolve any dispute between Members.

13.2 Where any dispute arises between Members regarding a Transaction, the Members agree that they will use their best endeavours to resolve the dispute by negotiation or other informal means before commencing formal legal proceedings.

13.3 If the dispute cannot be resolved within 20 working days of notice of it first being given by one Member to another then either party may commence formal legal proceedings to resolve the dispute. 

13.4 You agree that Moon Mama, in its sole discretion, may release a Member’s name and address to another Member for the purposes of that Member commencing formal legal proceedings.  

  1. PRIVACY

14.1 You authorise and consent to Moon Mama collecting, retaining and using your information for the purposes of our Site, marketing, assessing your credit worthiness, upholding these Terms and/or enforcing any rights against you under these Terms.

14.2 You agree the authority under clause 14.1 amounts to authority and consent for the purposes of the Privacy Act 1993.

14.3 You have the right to request a copy of the information we hold about you and the right to request that we correct any incorrect information about you. 

  1. MISCELLANEOUS

15.1 No waiver by us in respect of any breach of these Terms shall operate as a waiver in respect of any subsequent breach. 

15.2 If any clause(s) of these Terms shall be declared invalid, void, illegal or unenforceable then the validity, existence, legality and enforceability of the remaining clauses shall not be affected, prejudiced or impaired.

15.3 These Terms are to be governed by and construed in accordance with the laws of New Zealand and the parties agree to submit to the non-exclusive jurisdiction of the courts of New Zealand. 

15.4 Moon Mama may licence or sub-contract all or any part, aspect or function of its Site and/or associated services to one or more third parties without requiring the consent of its users.

15.5 We may permit other businesses to place advertisements on our Site from time to time and if we do so, we are in no way responsible for the content of such advertisements nor does the placement of an advertisement on our Site amount to an endorsement by us of the goods or services being advertised.

15.6 These Terms and/or the use of our Site by a user is not intended to create a relationship in the nature of a partnership, joint venture, agency or employer-employee between us and the user.

Fees Schedule:

Moon Mama will take a 20% transaction fee for any successful sale on our buy/sell platform to cover the costs of running this site.