Store Terms and Conditions
By opening or using AllGoods’ Store service, you confirm your understanding and agreement of the Store Terms and Conditions. These Terms and Conditions are in addition to AllGoods’ general Terms and Conditions.
We reserve the right, to change, modify, add, or remove portions of these Store Terms and Conditions of use at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions of use regularly for updates. You are responsible for ensuring that you are familiar with the latest terms and conditions. Your continued use of the AllGoods’ Store service following the posting of changes to these Terms and Conditions of use represents your acceptance of those changes.
“Auction” are listings by users in which the item sold is won by the highest bidder.
“Buyers” are users that bid on or buy an item or product listed on our site
“Sellers” are users that list auctions or products on our site.
“Store Owner” are users that use AllGoods store services to sell products
“Your Content” any content you post using our Services.
“Product” means items listed by an AllGoods store.
“Services” means one or more services AllGoods provide including stores, auctions,
“we”, “us” and “our” means company ALLGOODS GROUP LIMITED (6215996)
“Writing” includes electronic mail facsimile transmission and any comparable means of communication
AllGoods charge the following fees for using the Store Services and access to its benefits. A monthly subscription fees of $4 and a 2% success fee for all products sold with a cap of $100.
Subscription Fees are paid in advance and will be billed in monthly intervals (each such date, a “Billing Date”). You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Account Owner via the email provided. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
All Fees are inclusive of GST.
The user who opens the store is referred to as the store manager. The store manager may in future nominate other users to be managers and they can access the storefront and may make changes.
The store manager is responsible for ensuring that the Store complies with AllGoods’ rules and regulation.
The store manager is responsible for ensuring that the Store complies with New Zealand law. This includes without limitation the Consumer Guarantees Act 1993, Fair Trading Act 1986 and Sale of Goods Act 1994.
The store manager is responsible in ensuring that the products sold by the store meet any related safety standards.
AllGoods reserve the right to remove or decline to display content in your AllGoods store if we believe it is likely to negatively affect AllGood’s website or brand or other users' experience of AllGoods.
3. Intellectual Property
You are solely responsible for your content ensuring you have the rights to it and that you’re not infringing any third party’s rights. We have the right to remove your content if we deem it infringing another person’s intellectual property
By uploading your content onto AllGoods, you signify your agreement to give us the right to use it. We do not claim ownership of your content, but may use it.
4. Store Status
When registering your store, you will have the opportunity to register as Gold, Silver or Bronze Store. This system is put in place to encourage a high level of customer service and cannot be purchased.
To maintain a Gold or Silver Store status, your store will have to comply with the requirements as described in the Store Status Policy.
If you decide that you are unable to comply with the requirements laid out, you must downgrade your store to a Bronze Store.
AllGoods may regulate your store and reserve the right to downgrade your store status if we believe that your store is not compliant. In any such case, you will be notified and we will lay out the terms for you to upgrade your seller status.
5. Store termination and closure
You may close your store at anytime by emailing AllGoods at firstname.lastname@example.org and then following the instructions specified to you.
Upon cancelling your subscription, your store account will only close at the end of the billing period. After your store account closes, you will no longer be able to access your Account.
You will be required to complete any ongoing trades with your buyers in a timely manner.
We reserve the right to suspend or terminate your store account, if you are found breaching AllGoods Policies, Terms & Conditions or any other reason as per our discretion.
In any such case, you will be notified of the nature of your suspension and may lay out the terms for your store account to be reinstated. We will not reduce or negate your fee, or be liable for any effect the Store suspension will have on you.
6. Warranties and Limitations of Liability
AllGoods is dedicated to provide the best service, but does not warrant that our Service will be (i) uninterrupted, (ii) timely, (iii)secure or free from any virus or other harmful material. (iv) free from error or defects. Any interaction using our Service including buying, selling and contact between you and another member are conducted at your own risk.
AllGoods shall not be liable for any direct or indirect damages, including but not limited to; damages for loss of profits, goodwill, data or other intangible losses resulting from the use or inability to use our Service.
AllGoods does not manufacture or inspect any of the items sold through our Services. The items listed on our marketplaces are sold directly by independent sellers and AllGoods does not make any guarantee on their quality, safety or genuity. Any legal claim related to an item purchased on AllGoods must be brought against the seller, be it a user or a store. You release AllGoods from any claims related to items sold through our Services.
AllGoods is not responsible for the content posted by other users and store owners on our Site. AllGoods do not make guarantees on the accuracy, copyright compliance, legality or decency of the content posted by users and store owners. You release us from liability relating to that content.
We solely provide the Service allowing you interact with other members, but will be responsible for any consequence that may occur relating to your interactions with other member, either online or in person. You release us from all liability relating for your interaction with other users.
You agree to defend and indemnify AllGoods(and our employees) against any legal actions, claims, costs, losses, demands or damages that arise from your actions, use or misuse of our Services, your breach of our Terms and Conditions and Policies, or your infringement of someone else’s rights.
8. General Provisions
The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.
Resolution of disputes
For transactions that are carried out without fulfilment service with AllGoods, we are not a party to the transaction between you and another member. In the event of a dispute, you agree to release AllGoods (and our employees and affiliates) from all claims, demands, costs and damages that may arise. You agree not to involve AllGoods in the dispute, or resolution of dispute.
AllGoods will not be held liability for any delay, unavailability, lack of performance or failure of the Services or the Website resulting from causes beyond our reasonable control and/or acts of nature. This includes without limitation: , (i) explosion, flood, tempest, fire or accident, (ii) war or threat of war, sabotage, insurrection, civil disturbance or requisition (iii) acts of restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority (iv) import or export regulations or embargoes (v) interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (vi) internet or power failure.
If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights. We maintain our right to act with respect to subsequent or similar breaches.
If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
These terms and conditions are to be construed in accordance with the laws of New Zealand. In the event of any dispute associated with these terms and conditions, that dispute shall be subject to the exclusive jurisdiction of the New Zealand court.
Legal notices or demands to AllGoods shall be made in writing and sent to AllGoods in person or by mail to the following address: Unit 5, 297 Maskells Road, Balcairn, Amberley, 7481, New Zealand. The notices shall be effective when they are received by AllGoods in the above manner.
Legal notices to another member shall be made in writing and sent to AllGoods to the last known correspondence or email address provided by the member to AllGoods. The notice to the member shall be deemed to be received when AllGoods is able to demonstrate that mentioned form of communication has been sent to the member.
Intellectual Property Rights
AllGoods owns the proprietary and intellectual property right in the Website and the software and other material underlying and forming part of the Service and the Website. This includes, but not limited to text, graphics, logos, icons, video and audio recordings. Any unauthorized copying, modification, use or publication are strictly prohibited.
The AllGoods Payments Service (the "Service")
The Terms and Conditions described here constitute a legal agreement between the AllGoods Store Owner and ALLGOODS GROUP LIMITED (6215996), a New Zealand owned and operated company, registered address at Unit 5, 297 Maskells Road, Balcairn, Amberley, 7481, New Zealand.
We reserve the right to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the site, with no other notice provided. Please check these Terms and Conditions of use regularly for updates. You are responsible for ensuring that you are familiar with the latest terms and conditions. Your continued use of the site following the posting of changes to these Terms and Conditions of use represents your acceptance of those changes.
“Store Owners” are users that use AllGoods store services to sell products.
“AllGoods”, “We”, “us” and “our” means company ALLGOODS GROUP LIMITED (6215996).
“Transactions” mean Card not present Transactions
1. Our Role
The AllGoods Payments service (“AllGoods Payments” or the “Services”) is a (i) payment account boarding; (ii) payment underwriting; and (iii) payment data transmission service that helps you integrate with a payment processor (the “Processor”) as described more fully in this Agreement. You hereby appoint us as your agent to deliver information and instructions on your behalf to the Processor.
The AllGoods General Terms and Conditions are incorporated herein by reference and by accepting this Agreement you are also accepting them.
AllGoods is not a bank, payment institution or money services business, but is instead a supplier of the Services set out herein and those supplied under the AllGoods Terms.
2. Our Processor
The Processor is Stripe New Zealand Limited, a limited company incorporated under the laws of New Zealand, which is a technical service provider and may offer the services as an agent of one or more financial institutions in New Zealand (each, a “Financial Services Provider”). The processing and settlement of your Transactions (“Payment Processing”) are carried out by Stripe and the applicable Financial Services Provider under a separate Stripe Connected Account Agreement, including the New Zealand Terms of Service (collectively, the “Processor Terms”). By accepting this Agreement, you are also accepting and agreeing to be bound by the Processor Terms. AllGoods is not a party to the Processor Terms and is not liable to you in respect thereof. By accepting this Agreement and the Processor Terms you are agreeing to the creation of an account with the Processor for Payment Processing (the “Processor Account”). We reserve the right to change the Processor, subject to the terms of our agreement with Processor. In the event of any inconsistency between this Agreement and the Processor Terms concerning Payment Processing or the Processor Account, the Processor Terms shall prevail. The Processor’s role is to accept and process credit and debit card.
To utilize the Services, you must have a AllGoods user account and an AllGoods store.
AllGoods hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited, revocable right to use the Services (the “License”). The License shall be for the term of this Agreement only. Neither the License nor any other provision hereof shall grant any rights in the Service or other intellectual property rights except the limited License of use set out above.
You shall not: (i) permit any third party to access the Services, including but not limited to the Software, except as permitted herein and to carry out Transactions; (ii) create derivate works based on the Services; (iii) copy, frame or mirror any part of the content of the Services, other than copying or framing for your internal business purposes, (iv) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or trade secrets for any of Services; or (v) access the Services in order to build a competitive product or service.
It is your responsibility to obtain your Customers’ consent to be billed for each Transaction or, as the case may be, on a recurring basis in compliance with applicable legal requirements and Visa Europe Ltd., Visa U.S.A., Inc., Visa Canada Inc. and Visa International (collectively, “Visa”) and MasterCard International Incorporated (“MasterCard”), American Express or other applicable Card network (such networks being, collectively, the “Payment Networks”) payment rules (the “Payment Network Rules”).
5. Payment Methods
The Services support credit and debit cards. You assume sole and exclusive responsibility for the use of the Services. You also assume sole and exclusive responsibility for Transactions under the Processor Terms. You are solely responsible for verifying the identity of Customers and of the eligibility of a presented payment Card used to purchase products and services, and AllGoods does not guarantee or assume any liability for Transactions authorized and completed which may later be reversed or charged back. AllGoods or the Processor may add or remove one or more types of Payment Networks or Cards as a supported payment Card or Payment Network in their sole discretion at any time without prior notice to you.
6. Customer Service
AllGoods will use its commercially reasonable efforts to provide customer support to help resolve issues relating to the Service. The Processor retains sole and exclusive responsibility for processing Transactions and the settlement of funds, but AllGoods will provide reasonable assistance in liaising between you and the Processor concerning the Processing Services. You assume sole and exclusive responsibility for providing customer service or support to your Customers for any and all issues related to your products and services, including, but not limited to, issues arising from the processing of Customers’ Cards through the Service.
You have sole and exclusive responsibility to determine what, if any, taxes apply to the sale of your goods and services and/or the payments you receive in connection with your use of the Service (“Taxes”). It is solely your responsibility to assess, collect, report, or remit the correct tax to the proper tax authority, whether in Customer jurisdiction, your jurisdiction or elsewhere. AllGoods is not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any Transaction. AllGoods retains the right but not the obligation, at its sole discretion, to complete and file tax or related reports with tax authorities regarding Transactions in those jurisdictions where AllGoods deems such reporting necessary. You hereby indemnify and hold AllGoods harmless from and against any and all liability related to Taxes and filings made by AllGoods in respect thereof.
We maintain commercially reasonable administrative, technical and physical procedures to protect all the personal information regarding you and Customers that is stored in our servers from unauthorized access, accidental loss or modification. AllGoods cannot, however, guarantee that unauthorized third parties will never be able to defeat those measures or use such personal information for improper purposes.
9. Data Security
You assume full responsibility for the security of data on your website or otherwise in your possession or control. You agree to comply with all applicable laws and rules in connection with your collection, security and dissemination of any personal, financial, Card, or Transaction information (collectively, “Data" or “Cardholder Data”). You agree that at all times you shall be compliant with applicable Payment Card Industry Data Security Standards (“PCI-DSS”) and the Payment Application Data Security Standards (“PA-DSS”). You agree to promptly provide AllGoods with documentation evidencing your compliance with PCI DSS and/or PA DSS upon request. You also agree that you will use only PCI-DSS and PA-DSS compliant service providers in connection with the storage, or transmission of Card Data, including Cardholder’s account number, expiration date, and CVV2. You must not store CVV2 data at any time.
10. Audit Right
If AllGoods believes that a security breach or compromise of data may have occurred, AllGoods may require you to have a third party auditor, that is approved by AllGoods, conduct a security audit of your systems and facilities and issue a report to be provided to AllGoods, Processor, its acquiring bank, Payment Networks and law enforcement, at your sole cost and expense.
We will at all times comply with the provisions of applicable data protection law. If we process any personal data on your behalf when performing our obligations under this Agreement, we and you both agree that it is our intention that you shall be the data controller and we shall be the data processor in relation to that data. We shall process the personal data only in accordance with the terms of this Agreement and any lawful instructions reasonably given by you to us from time to time.
We will notify you (within a reasonable time frame) if we receive a request from a person to have access to that person’s personal data, a complaint or request relating to your obligations under applicable data protection legislation, or any other communication relating directly to the processing of any personal data in connection with this Agreement.
We will provide you with reasonable co-operation and assistance in relation to any complaint or request made in respect of any personal data processed by us on your behalf, including by providing you with details of the complaint or request, complying with any data subject access requests (within the relevant timescales set out in applicable data protection legislation) and providing you with any personal data we hold in relation to a person making a complaint or request (again, within a reasonable timescale).
You acknowledge that we are relying on you for direction as to the extent to which we are entitled to use and process the personal data you provide us with. Consequently, we will not be liable for any claim brought by a data subject arising from any action or omission by us, to the extent that such action or omission resulted from your instructions.
You consent to the exchange of your information between the account you have established through the AllGoods Services and that established under this Agreement; AllGoods will comingle such accounts and refers to them, together, in this Agreement as the AllGoods Payments Account.
In order to process, use, record and disclose your personal information, information related to your business and Data, we or our agents may transfer such information to and receive it from Processor, its acquiring bank or their respective agents, and in so doing we may transmit or possess it outside of your jurisdiction.
12. Privacy of Others
You represent to us that you are in compliance with all applicable privacy laws, you have obtained all necessary rights and consents under applicable law to allow us and Processor to collect, use, retain and disclose any Cardholder Data that you provide to or authorizes us to collect, including information that we may collect directly from you of Customers via cookies or other means, and that we will not be in breach of any such laws by collecting, receiving, using and disclosing such information in connection with the Service. As between the parties to this Agreement, you are solely responsible for disclosing to Customers that we will use their Cardholder Data in our supply of the Services to you and that in so doing we may transmit or possess it outside of your or their jurisdiction.
If you receive information about others, including Cardholders and other Customers, through the use of the Service, you must keep such information confidential and only use it in connection with the Service or as otherwise permitted by the subject of such information.
You may not disclose or distribute any such information to a third party or use any such information for marketing purposes unless you receive the express consent of the subject thereof to do so. You may not disclose Cardholder Data to any third party, other than in connection with processing a Card Transaction requested by the Customer.
13. Restricted Use
You are required to obey all laws, rules, and regulations applicable to your use of the Service In addition to any other requirements or restrictions set forth in this Agreement, you shall not: (i) utilize the credit available on any Card to provide cash advances to Cardholders, (ii) submit any Card Transaction for processing that does not arise from your sale of goods or service to a buyer Customer, (iii) act as a payment intermediary or aggregator or otherwise resell our services on behalf of any third party, (iv) send what you believe to be potentially fraudulent authorizations or fraudulent Card Transaction, or (v) use the Service or the Processing Services in a manner that a Payment Network reasonably believes to be an abuse of the Payment Network or a violation of Payment Network Rules.
You further agree not to, nor to permit any third party to, do any of the following: (i) access or attempt to access our systems, programs or data that are not made available for public use: (ii) copy, reproduce, republish, upload, post, transmit, resell or distribute in any way material from us; (iii) permit any third party to use and benefit from the Service via a rental, lease, timesharing, service bureau or other arrangement; (iv) transfer any rights granted to you under this Agreement; (v) work around any of the technical limitations of the Service, use any tool to enable features or functionalities that are otherwise disabled in the Service, or decompile, disassemble or otherwise reverse engineer the Service, except to the extent that such restriction is expressly prohibited by law; (vi) perform or attempt to perform any actions that would interfere with the proper working of the Service, prevent access to or use of the Service by our other users, or impose an unreasonable or disproportionately large load on our infrastructure; or (vii) otherwise use the Service except as expressly allowed under this section.
We reserve the right to not provide Services in respect of any Transaction you submit which we believe in our sole discretion is in violation of this Agreement, any other AllGoods or Processor agreement, or exposes you, AllGoods or Processor or any other third party to actual or potential risk or harm, including but not limited to fraud and other criminal acts. You are hereby granting us authorization to share information with law enforcement about you, your Transactions, or your AllGoods Payments Account (as defined below).
14. Payment Network Rules
The Payment Networks have established guidelines, bylaws, rules, and regulations in the form of the Payment Network Rules. You are required to comply with all Payment Network Rules that are applicable to merchants all of which are incorporated herein by reference. The Payment Network Rules for Visa and MasterCard are available on the Internet at the following links: Visa and MasterCard. The Payment Networks reserve the right to amend the Payment Network Rules. In so far as the terms of this Agreement are inconsistent with the Payment Network Rules, the latter shall prevail.
15. Disclosures and Notices
You agree that AllGoods can provide disclosures and notices, including tax forms that we deem appropriate regarding the Service to you by posting such disclosures and notices on our website, emailing them to the email address listed in the AllGoods Account profile, or mailing them to the address listed therein. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with a paper copy. Such disclosures and notices shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered.
Processing Card Transactions and Receiving Your Funds
1. Categories of Fees
Fees for Processing are set out in the fee schedule at the end of this Agreement (the “Processing Fees”). Processing Fees shall be paid pursuant to the Processor Terms and shall be collected from you by Processor thereunder. Fees for AllGoods Services are collected by AllGoods pursuant to the AllGoods Terms (the “AllGoods Service Fees”). AllGoods Service Fees, Processing Fees and Equipment Fees shall be referred to herein as the “Fees”.
We reserve the right to change the Fees at any time, subject to a thirty (30) day notice period to you. If you continue to use the Services and Processor Services for such thirty (30) days then you are deemed to have accepted the change in Fees contemplated by such notice.
2. Security Interest
As security for performance of your obligations under this Agreement, you grant us a first priority lien and security interest in funds maintained as a reserve account by the Processor or its acquiring bank under the Processor Terms (the “Reserve Account”), all Card Transactions (including future Card Transactions), any rights to receive credits or payments under the Processor Terms, and all deposits and other property of your possessed or maintained by Processor on your behalf. You will execute, deliver, and pay the fees for any documents we request to create, perfect, maintain and enforce this security interest.
The Agreement is effective upon the date you agree to it (by electronically indicating acceptance) and continues so long as you use the Service or until terminated by AllGoods.
You may terminate this Agreement by closing your AllGoods Payments Account at any time by following the instructions on our website in your Account profile. We may terminate or suspend this Agreement and close your AllGoods Payments Account at any time for any reason including if (i) we determine in our sole discretion that you may be ineligible for the Service because of the risk associated with your AllGoods Payments Account, including without limitation significant credit or fraud risk, or for any other reason; (ii) you may not comply with any of the provisions of this Agreement, or (iii) upon request of Payment Network, Processor or a Card issuer. Termination of the Processor Terms may, at the discretion of AllGoods, result in a termination of this Agreement. Termination of this Agreement shall entitle AllGoods to cause Processor to terminate the Processor Terms.
3. Effects of Termination
Termination does not relieve you of your obligations as defined in this Agreement and Processor may elect to continue to hold any funds deemed necessary pending resolution of any other terms or obligations defined in this Agreement, including but not limited to Chargebacks, Fees, Refunds, or other investigations or proceedings.
Termination of this Agreement will not necessarily terminate your AllGoods Terms, unless AllGoods determines otherwise.
Upon termination you agree: (i) to immediately cease your use of the Service (ii) to discontinue use of any AllGoods or Processor trademarks and to immediately remove any AllGoods or Processor references and logos from Merchant Site (iii) that the license granted under this Agreement shall end, (iv) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers, and (v) we will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Service, or any termination or suspension of the Service or deletion of your information or account data.
The Service is licensed and not sold. We reserve all rights not expressly granted to you in this Agreement.
2. Your Liability
Nothing in this Agreement shall serve to diminish your liability under the Processor Terms or AllGoods Terms. You are obliged to fulfill your obligations under this Agreement and those under the Processor Terms and AllGoods Terms.
3. Warranties and Limitations of Liability
AllGoods is dedicated to providing the best service, but does not warrant that our service will be (i) uninterrupted, (ii) timely, (iii)secure or free from any virus or other harmful material. (iv) free from error or defects. Any interaction using our service, are conducted at your own risk. AllGoods shall not be liable for any direct or indirect damages, including but not limited to; damages for loss of profits, goodwill, data or other intangible losses resulting from the use or inability to use our service.
4. Choice of Law; Jurisdiction and Venue
These terms and conditions are to be construed in accordance with the laws of New Zealand. In the event of any dispute associated with these terms and conditions, that dispute shall be subject to the exclusive jurisdiction of the New Zealand court
Legal notices or demands to AllGoods shall be made in writing and sent to AllGoods in person, or by mail to the following address: Unit 5, 297 Maskells Road, Balcairn, Amberley, 7481, New Zealand. The notices shall be effective when they are received by AllGoods in the above manner.
Legal notices to another member shall be made in writing and sent to AllGoods to the last known correspondence or email address provided by the member to AllGoods. The notice to the member shall be deemed to be received when AllGoods is able to demonstrate that mentioned form of communication has been sent to the member.
6. Intellectual Property Rights
AllGoods owns the proprietary and intellectual property rights in the website, the software and other material underlying and forming part of the Service. This includes, but is not limited to text, graphics, logos, icons, video and audio recordings. Any unauthorized copying, modification, use or publication is strictly prohibited.
This Agreement binds you and your respective heirs, representatives, and permitted and approved successors (including those by merger and acquisition) or any permitted assigns.
8. Force Majeure
AllGoods will not be held liable for any delay, unavailability, lack of performance or failure of the services or the website resulting from causes beyond our reasonable control and/or acts of nature. This includes, without limitation: (i) explosion, flood, tempest, fire or accident, (ii) war or threat of war, sabotage, insurrection, civil disturbance or requisition (iii) acts of restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority (iv) import or export regulations or embargoes (v) interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (vi) internet or power failure.