- TERMS AND CONDITIONS
Welcome to PNG Online Trade, Papua New Guinea's own online trading community. These terms and conditions are intended to help keep PNG Online Trade a safe place to trade.
1.1 Acceptance of terms and conditions: The terms and conditions are the terms on which PNG Online Trade offers you access to the Services and the Website. By agreeing to sell and buy with PNG Online Trade you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Services.
1.2 Amendment of terms and conditions: These terms and conditions may be amended in whole or in part by PNG Online Trade from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended.
1.3 Terminology: In these terms and conditions, the following expressions have the meanings set out:
'item', 'items' means goods or property that may be bought or sold through the auction or classified process;
'Services' means any one or more of the services offered by PNG Online Trade from time to time, including online services like, advertisements, promotions, and jobs.
- SPECIFIC WARNINGS
2.1 The services: PNG Online Trade provides a venue to introduce members who want to buy and sell items. PNG Online Trade does not take any part in the sale of items other than by providing our Website as a venue for advertisements items only for buy and sale. If a buyer agrees to buy an item from a seller, a contract of sale will be formed between the buyer and the seller directly. We do not act as agent for either party and do not participate in any sale or transaction between the seller and other buyer, including where the use any form of payment method is involved.
2.2 At your own risk: Transactions and all other contact between the seller and buyer are conducted entirely at their own risk. Buy advertising with PNG Online Trade you agree that PNG Online Trade takes no responsibility or liability for any misconduct of any of the sellers and buyers including, without limitation, those that have advertised or agreed under false pretences or who attempt to defraud others. PNG Online Trade gives no undertakings, representations, or warranties in relation to items sold or listed on the Website including:
- about ownership of any item;
- as to the content, safety, description, worthiness, quality, or legality of the items that are listed on the Website;
- as to the accuracy or truth of listings;
- that any item, will meet your requirements or expectations; or
- about the ability of those who involved to complete a transaction, including credit card transactions.
2.3 Disclaimer: You expressly understand and agree that:
- your use of the website is at your sole risk. The Website and services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting clause 2.2, PNG Online Trade disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
- PNG Online Trade does not warrant that i) the services provided will be uninterrupted, timely, secure, or error free, or ii) that any information (including feedback) provided on the Website is error-free or reliable;
- no advice or information that is obtained by you from PNG Online Trade or anyone else shall create any warranty by PNG Online Trade that is not expressly stated in the terms and conditions; and
- responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute PNG Online Trade's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
- while PNG Online Trade may facilitate payment for some items by credit card, PNG Online Trade is in no way involved in the transaction itself, and responsibility for any refund rests with the seller.
2.4 Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of PNG Online Trade to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, another Member's acts or omissions, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. PNG Online Trade's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
2.5 Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction, your use of PNG Online Trade's message boards, your sale or attempted sale of an item prohibited under clause 4.2(e), or arising out of any content or item you submit, post, transmit, or make available through the Services.
2.6 Breach: Without limiting any other rights and remedies available to PNG Online Trade, PNG Online Trade may limit your activities on the Website, remove your bids or listings, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our Services to you if you breach these terms and conditions or where PNG Online Trade considers it appropriate.
- GENERAL RULES
- All listings,advertisements or communications made through PNG Online Trade shall be made in good faith.
- You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so.
- You may not use a robot, spider, scraper or other unauthorised automated means to access the Website or information featured on it for any purpose.
- You must list Advertisements and classifieds in Papua New Guinea Kina.
- You must not complete a transaction outside of the PNG Online Trade process.
- You are responsible for any actions taken through your advertisements. PNG Online Trade memberships are not transferable and therefore cannot be sold, leased, lent or traded.
3.2 Your obligations as a seller
- You will only enter listings that are accurate, current, complete, and include all relevant information about the terms of sale, payment terms, shipping methods and who bears the cost of shipment. You must list an item in one category only which must be the most appropriate category for your item.
- You will only place listings for items that exist and are to be sold. You will not list items that you are not legally entitled to sell or that are not in your possession. In the case of automobiles that are offshore or in transit to Papua New Guineayou must be a registered motor vehicle trader and hold clear authority to sell such vehicles before being able to list them. You must also clearly indicate that such vehicles are offshore or in transit in the listing
- You may only sell bookings and tickets in our Travel, Events & Activities Category. All flight tickets, accommodation and travel packages must be able to be transferred into the buyer's name from within Papua New Guinea(either directly with the airline, service provider, or via a travel agent).
- You must not list anything that is illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or unsafe, anything which infringes copyright or other intellectual property rights, items which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any item of which the sale is prohibited by, or violates any, law. You are responsible for ensuring that any listing by you does not breach this clause 4.2(e). You agree that PNG Online Trade may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause 4.2(e) at any time.
- When you list an item on PNG Online Trade, you should do so with the intention of selling this item through the site. Therefore you should not advertise your item through another forum.
- PNG Online Trade classifieds may be used by individuals or businesses to list specific items or jobs only and must not be used for multiple or generic item or job listings. You must not place multiple listings for a single item or job.
- Your listing may only contain a URL for a website that contains further information on the item you have listed. This website must not offer any items for sale, or contain contact details. You must not use PNG Online Trade listings to promote a business or website other than one for sale in your listing.
- You must not use the Services or the Website to sell items that are of a speculative nature including, but not limited to, pyramid, surf-for-free, or similar schemes.
- For classifieds, you may choose to sell to any buyer at your discretion.
- Listings are not pre-screened for content. PNG Online Trade reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions.
- You agree to your email address, phone numbers and addresses being supplied to the website for publication.
- You must promptly forward the listed item to the successful buyer on completion of the transaction.
- You must not charge unreasonable amounts for shipping and packaging costs.
- You are not allowed to list any form of fires arms or weapons on this website.
3.3 Your obligations as a buyer
- You must be located in any of the provinces in Papua New Guinea.
- You must make full and prompt payment for any item you buy.
- Feedback you provide on other members must not contain offensive, defamatory or inappropriate language. PNG Online Trade reserves the sole right to determine what is considered offensive, defamatory or inappropriate language.
- You may only give member feedback that relates to a specific transaction. You must not post feedback on a transaction that does not relate to that specific transaction.
- You must not post feedback about yourself or include any contact details or personal information in your feedback.
- Feedback is provided for the sole purpose of facilitating trading between members on the PNG Online Trade Website. You must not market or export any feedback to any venue other than the PNG Online Trade Website. Linking to your PNG Online Trade feedback from other buying and selling websites will be considered a breach of our terms and conditions.
4 FEES AND ACCOUNTS
4.1 PNG Online Trade Listing Fees and Success Fees
- PNG Online Trade charges fees for the use of the Website as a venue.
- PNG Online Trade's current fees are listed on our fee pages in the help section.
- Any non-commission listing fees are charged at the time of listing and are not refundable. PNG Online Trade may (at our sole discretion) refund a commission or success fee charged on completed auctions if the sale is not successfully completed, provided that a member follows our defined refund process. PNG Online Trade will only issue refunds in the form of credit to the PNG Online Trade account of the member. Cash refunds will not be issued. Credits on accounts with PNG Online Trade are not transferable between members.
- PNG Online Trade reserves the right to change the fees charged for any of our Services at any time. In the event that we introduce a new service, the fees for that service are effective at the launch of the service, unless otherwise stated.
- If you are a Papua New Guinea resident, then all fees are inclusive of GST and in Papua New Guinea Kina unless otherwise stated. If you are not a Papua New Guinea resident, then all fees are, unless otherwise stated, in Papua New Guinea Kina. Unless otherwise stated in these terms and conditions, no interest or other financial charges will be applied to PNG Online Trade account balances.
- Before listing an item, you should review PNG Online Trade's fees to ensure you are aware of the fees that you will incur.
- You must pay the fees immediately upon demand by PNG Online Trade.
4.2 PNG Online Trade Email Accounts
- PNG Online Trade maintains a secure Email Accounts. You must pay the prescribed fees to access through PNG Online Trade domain and website.
- Your refusal to use the email account after you have paid the necessary fees will not guarantee your refund.
- In the event that some technical faults occur in a period of 6 months and the email system is not restore, PNG Online Trade will refund half of the fees paid.
- Your email account will be terminated when you don’t pay up the due fees, when email accounts provided by PNG Online Trade are abused.
5. GENERAL PROVISIONS
5.1 System Integrity: PNG Online Trade will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, PNG Online Trade takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, PNG Online Trade assumes no responsibility for the corruption of any data or information held by PNG Online Trade.
5.2 Resolution of disputes: As PNG Online Trade is not a party to any sale or transaction between you and another member, you agree not to involve, or attempt to involve, PNG Online Trade in any dispute or in the resolution of disputes that arise between you and another member as a result of the Services provided, other than as provided in clause 4.3 i (i).
5.3 PNG Online Trade Message Boards: PNG Online Trade provides Message Boards for the use of PNG Online Trade members. The Message Boards may not be used to promote auctions, websites or any commercial or business activity. PNG Online Trade is not responsible for any of the opinions expressed in the Message Boards. By posting a message to the message board you agree to take full legal responsibility and liability for your comments, including for offensive or defamatory statements.
5.4 Force Majeure: Without prejudice to clause 2.3(a), PNG Online Trade has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of PNG Online Trade to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of PNG Online Trade.
5.5 No Waiver: 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.
5.6 Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
5.7 Governing Law: These terms and conditions are governed by the laws of PNG. You submit to the non-exclusive jurisdiction of the Courts of Papua New Guinea.
5.8 Intellectual Property Rights: PNG Online Trade (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the Website.
- You may not without our prior written permission, in any form or by any means:
- Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
- Commercialise, copy, or on-sell any information, or items obtained from any part of this Website.
5.9 Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.
5.10 Privacy: PNG Online Trade collects personal information about you through your use of the Services and the Website, including:
- your registration details; and
- information relating to your use of the Website and the content you access.
You agree that PNG Online Trade may use this personal information to assist us to provide the Services to you, for internal research purposes, to verify your identity, to enforce or apply our terms and conditions, to protect the rights, property, or safety of PNG Online Trade Limited, our users, or others, for promoting and marketing other PNG Online Trade products and Services to you, and for any other use that you authorise. You agree to your membership's trading history being published in your feedback.
We will not sell or allow third parties to access your personal information without your consent. We release account and other personal information only when we believe release is appropriate to comply with law; facilitate court proceedings; enforce or apply our terms and conditions; or protect the rights, property, or safety of PNG Online Trade Limited, our users, or others.
If you intend to take Disputes Tribunal proceedings against another member and you require that member's contact details in order to take such proceedings, PNG Online Trade will release those details to you if you make a Statutory Declaration stating that you require that member's contact details for the sole purpose of taking Disputes Tribunal proceedings. You may obtain a Statutory Declaration for this purpose by contacting PNG Online Trade or the Disputes Tribunal.