These Terms are divided into 6 sections
Clauses 1 to 4 Introductory provisions that apply to all Users.
Clauses 6 to 16 Provisions that are directed at those Users (referred to in these Terms as “Organisations”) that are using Webfair to facilitate the raising of funds
Clauses 17 to 32 Provisions that are directed at those Users (referred to in these Terms as “Gifters”) that are disposing of items using Webfair and donating the proceeds (if any) to their chosen Organisation.
Clauses 33 to 42 Provisions that are directed at Users (referred to in these Terms as “Buyers”) that are buying or otherwise obtaining an Item using Webfair.
Clauses 43 to 47 Provisions required by our lawyers including definitions and limitations of liability.
WebFair recommends that all first time Users read all of these Terms to ensure that all Users understand how WebFair works. Users should also review these Terms from time to time as changes will be made. These Terms were last amended on  May 2017.
Introduction to WebFair
WebFair is the modern electronic version of the traditional school or church fair but uses the power of the internet to raise money for the fund raising Organisation while WebFair takes care of the administrative tasks.
All items will be displayed in NZD only.
Organisations enter into an agreement with Us to run a WebFair. Organisations promote the WebFair among their supporters, and the general public, requesting that those people both
Organisations pay Us a fee for the running of the WebFair. That fee is $1 plus GST for each donation made to them (for GST registered Organisations) and $1 including GST for each donation made to them (for Organisations that are not GST registered).
Gifters (Users that are disposing of an Item) electronically load the Item that they wish to dispose of in an Organisation’s WebFair in the weeks prior to the WebFair being conducted (similar to delivering the Item to the school or church in the weeks prior to a traditional fair). In a WebFair the Gifter holds the Item until it is collected by a Buyer. All Items are auctioned with a $1 reserve. Gifters authorise US to collect the proceeds from the sale of the Item. Gifters authorise Us to pay to the Organisation nominated by the Gifter, and on behalf of the Gifter, the proceeds from selling an Item as a donation to the Organisation. Gifters make arrangements with the Buyer, for the Buyer to collect the Item from the Gifter.
Buyers (Users that are buying an Item) attend the electronic WebFair during the fixed period that it is open and bid on an Item. If successful the Buyer pays for the Item by making the payment to the Gifter via WebFair. After payment has been made the Buyer contacts the Gifter and makes arrangements to collect the Item from the Gifter. WebFair will provide an email to both the Gifter and the Buyer recording when a payment has been processed.
SECTION 1 – INTRODUCTORY PROVISIONS
1.1 These Terms apply to your use of the Website. By accessing and using the Website:
a you agree to these Terms; and
b where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
1.2 If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.
2.1 We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.
2.2 We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
3 YOUR OBLIGATIONS
3.1 You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
3.2 You will be given a User ID and password. You must keep your password secure and:
a not permit any other person to use your User ID, including not disclosing or providing your Password to any other person; and
b immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to Info@WebFair.co.nz.
3.3 You must:
a not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
b unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
3.4 You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.
4 INTELLECTUAL PROPERTY
4.1 We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems
4.2 Any Giftee loading details of an item onto the Website undertakes that they have all necessary intellectual property rights to use any images, trademarks, brandnames or similar property rights used in the description of the item.
4.3 Any person may use our logo, brandname or trademark or provide a link to the Website provided that they do so solely to promote Us or a particular Webfair or group of Webfairs and provided that they do not alter the logo or trademark in any way.
5.1 You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website available to you. For example, we may need to have your contact information in order to provide you with updates from our Website.
5.2 When you provide personal information to us, we will comply with the New Zealand Privacy Act 1993.
5.3 The personal information you provide to us (including any information provided if you register for an account) is collected and may be used for communicating with you, statistical analysis, the marketing by us of products and services to you, credit checks (if necessary), and research and development.
5.5 Generally, we do not disclose personal information to third parties for them to use for their own purposes. However, some of the circumstances in which we may do this are:
a to service providers and other persons working with us to make the Website available or improve or develop its functionality (e.g. we may use a third party supplier to host the Website);
b in relation to the proposed purchase or acquisition of our business or assets; or
c where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency.
5.6 Any personal information you provide to us may be stored on the secure servers of our trusted service providers, which may be located outside New Zealand. This may involve the transfer of your personal information to countries which have less legal protection for personal information than New Zealand.
5.7 You have the right to request access to and correction of any of the personal information we hold about you. If you would like to exercise these rights, please email us at Info@WebFair.co.nz.
SECTION 3 - WEBFAIR AND THE ORGANISATION
make space available on Our website for the Organisation to promote their fundraising objective;
make the Website available to Gifters to offer to sell items with the money being donated by the Gifter to the Organisation;
Enable the Gifter to load their items onto the Website including a description of the item, a photograph and indication of where it can be collected after the completion of the Webfair.
Use Our best endeavours, but with no legal liability, to moderate all content to protect the reputations and images of Us, WebFair, Organisations and other users.
Any amounts refunded to Buyers in accordance with clause 39 of these Terms;
Any collection costs, transaction fees and other charges deducted by the banks, credit card companies, transaction processing companies or other similar third parties; and
Our fee as determined in accordance with Clause 10. We will provide a GST invoice to the Organisation for Our fee.
remove any Item or other content whether loaded by the Organisation or a Gifter;
remove any bid for any Item; or
terminate the contract at any time with no prior notice.
no money will have been received by WebFair; and
Any Items loaded on the Organisation’s WebFair will be cancelled and the Gifter notified of the cancellation of the WebFair (and therefore the cancellation of the listing of the Item).
Pay to the Organisation the amount specified in clause 12 in accordance with the payment provisions in clause 13; or
Where WebFair determines in its discretion that it is likely that We, a Buyer and or Gifter has been misled as to the purpose of the fund raising or the bona fides of the Organisation; then WebFair may at its choice:-
divide the amount collected between any other WebFairs running at the same time; or
pay the money to the Gifter.
SECTION 4 - WEBFAIR AND THE GIFTER
SECTION 5 - WEBFAIR AND THE BUYER:
that the Buyer is seeking a refund of the payment made then:-
39.1 If the refund sought is less than $100 then We shall make the refund; and
39.2 If the refund sought is $100 or more then We shall approach the Gifter and seek their consent to refund the payment.
the Gifter has refused to hand over the Item; or
that there is an issue as to the description or quality of the Item; or
that there is some other reason why the payment shouldn’t be made to the Organisation on behalf of the Gifter
Webfair may make such payment to the Organisation and
if the Buyer is or subsequently becomes entitled to cancel the agreement between the Buyer and the Gifter, or becomes entitled to compensation from the Gifter and becomes entitled to obtain a full or partial refund of the purchase price then that is a matter between the Buyer and the Gifter; and
the payment that the Buyer made to WebFair shall be deemed to be a donation by the Buyer to the Organisation.
SECTION 6 - DEFINITIONS
44.1 To the extent permitted by law, we have no liability or responsibility to you or any other person for any Loss in connection with:
a the Website being unavailable (in whole or in part) or performing slowly;
b any error in, or omission from, any information made available through the Website;
c any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
d any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
44.2 We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.
45.1 To the maximum extent permitted by law:
a you access and use the Website at your own risk; and
b we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
45.2 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD100.
45.3 To the maximum extent permitted by law and only to the extent clauses 7.1 and 7.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed NZD100.
46 SUSPENSION AND TERMINATION
46.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).
46.2 On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.
47.1 If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
47.2 These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.
47.3 For us to waive a right under these Terms, the waiver must be in writing.
47.4 Clauses which, by their nature, are intended to survive termination of these Terms.
47.5 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
47.6 These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.
Acknowledgement of Delivery and Acceptance of Item
The Buyer hereby acknowledges receipt from the Gifter of the Item referred to below and confirms that the Buyer has had an opportunity to examine it and it matches the Description and quality specified in the WebFair listing.