Trade Me Motors Vehicle Trader Terms and Conditions

  1. General
    1. These Vehicle Trader Terms and Conditions (Trader Terms) are the terms and conditions under which Trade Me Limited (Trade Me, us, we etc) offers the Services to users who are commercial motor vehicle traders, whether licensed or otherwise (each a “Trader” or “you”).
    2. In using the Services you agree to comply with these Trader Terms and the Trade Me Terms and Conditions.
    3. To the extent that there is any conflict between these Trader Terms and the Trade Me Terms and Conditions these Trader Terms will prevail.
    4. You agree to comply with the Vehicle Trader Code of Conduct in your use of the Services and the Trade Me Marketplace.
    5. We may change these Trader Terms at any time. We will give you reasonable notice by email and (where we reasonably can) an opportunity to provide feedback before the change comes into effect.
  2. The Motors Services
    1. The services provided to a Trader subject to these Trader Terms may be any of the services (each a Motors Service) set out here or any combination of those Motors Services.
    2. Each of the Motors Services is delivered by Trade Me through the Trade Me marketplace hosted at trademe.co.nz and its associated apps (the Trade Me Marketplace).
    3. The fee/s payable by the Trader for each Motors Service (the Fees) are the current Fees published on the DealerBase website at http://www.dealerbase.co.nz/resources. 
    4. If you wish to cancel or amend a Motors Service you’re using, you must give us not less than 30 days’ notice in writing.
    5. If you exceed the number of vehicle listings allowed under your Motors Service, we may upgrade you to the Motors Service most similar to your current one which increases your vehicle listing limit.
    6. While we may upgrade you at any time once we become aware you have exceeded your vehicle listing limit, we will endeavour to provide you with written notice by email:
      • (a) not less than two working days before we upgrade you; and 
      • (b) at the time, or just before, we upgrade you.
    7. If you are upgraded:
      • (a) in the month you are upgraded you will be liable for the Fees applicable to the Motors Services used (as pro-rated between the Fees for your previous and upgraded Motors Services); and 
      • (b) you will remain on your upgraded Motors Service (and will be liable for the applicable Fees) unless you request to be changed to a different Motors Service. 
    8. If a Motors Service is subject to a minimum advertising period or service term the earliest you may cancel or amend that Motors Service is at the end of the applicable minimum advertising period or service term.
  3. Dealer Analytics
    1. Dealer Analytics is a Motors Service by Trade Me which allows Traders using DealerBase to access information about the performance of their Trade Me advertisements, and anonymised aggregated information about other sellers of motor vehicles on Trade Me. No personal information about you is made available to Traders who use Dealer Analytics.
    2. If you pay for access to Dealer Analytics, Trade Me grants you a limited, revocable, non-transferable, non-exclusive, non-sublicensable, New Zealand-wide licence to use Dealer Analytics for the purpose of understanding the performance of your inventory and business advertising on Trade Me. The parts of Dealer Analytics you are allowed to access under this licence depends on the type of Dealer Analytics product you purchase or which you are entitled to access (for example, under a free trial). Your Dealer Analytics licence expires upon cancellation or suspension of your access to Dealer Analytics, DealerBase or Trade Me.
    3. If Trade Me grants you access to Dealer Analytics as part of a free trial, you agree that this clause 3 of the Trader Terms applies with any necessary modification and that Trade Me may suspend or cancel your access to Dealer Analytics at any time.
    4. You acknowledge that Dealer Analytics is generated with the assistance of Microsoft’s Power BI analytics software via DealerBase. As such, you agree that (to the extent applicable) Trade Me may immediately suspend or cancel your access to Dealer Analytics if:
      1. Trade Me reasonably believes that you have:
        • (a) breached these Trader Terms (or Trade Me’s Terms and Conditions);
        • (b) accessed, or attempted to obtain access to, another Trader’s information held in Dealer Analytics without permission;
        • (c) attempted to re-identify any aggregated anonymised information available to you in Dealer Analytics; 
        • (d) introduced, or attempted to introduce, any malicious software or code or otherwise have done anything that could interrupt or disrupt Trade Me’s systems; or
        • (e) may have committed fraud or otherwise acted unlawfully in connection with DealerBase;
      2. Trade Me becomes unable to provide Dealer Analytics via Microsoft’s Power BI analytics software (but, in such case, Trade Me will endeavour to provide advance notice to you).
    5. If you are entitled to use Dealer Analytics, Trade Me will use its reasonable endeavours to ensure the availability of Dealer Analytics, subject to any downtime required for maintenance. However, Trade Me takes no responsibility for any unavailability or interruption of your access to Dealer Analytics, or for any loss that is incurred as a result.
    6. The information provided to you through Data Analytics is updated each working day based on the newest information Trade Me can upload at the time (which may be some days old).  Although Trade Me will make reasonable endeavours to ensure the accuracy of this information, to the extent permitted by law, Trade Me does not warrant that the information provided to you through Data Analytics will always be accurate or error-free.
  4. Sitelink
    1. Sitelink: if you use our Sitelink product:
      1. you must only use it to link to a relevant external website;
      2. we reserve the right to reject any website you propose to link to; and
      3. you must not link to any external website that does not at any time have a greater number of vehicle listed for sale than you currently have listed on Trade Me.
  5. Billing, pricing and debt recovery
    1. You agree to pay the Fees for each Motors Service you request.
    2. Trade Me will invoice you monthly for the Fees.
    3. If you fail to pay any amount due you acknowledge that Trade Me uses third party debt recovery providers and we may pass your information to them.
    4. Where we incur costs in recovering an amount you owe us, you agree that we can pass those costs on to you and that you will reimburse us for them.
    5. You agree that you are responsible the security of your account, and liable for the price of any Motors Service requested using your account, regardless of who accessed your account to make the request.
    6. Where a court or tribunal rules against you in any dispute with any Trade Me user, you agree that we may in our absolute discretion apply any money we receive or have received from you to make reparation to that user or other users.
  6. Intellectual property
    1. You represent and warrant that for any content (images, text etc) you upload or otherwise make available through Trade Me Motors you have sufficient rights, either through ownership or otherwise, to make that content available and that you (and Trade Me) will not infringe the rights of any third party by making that content available.
    2. You agree to indemnify Trade Me from any liability whatsoever arising from your use of the Trade Me Marketplace to display content.
    3. You agree that the provisions of this clause 6 of the Trader Terms survives cancellation of your relationship with Trade Me under these Trader Terms.
  7. Trade Me’s liability excluded and You indemnify Trade Me
    1. You acknowledge the exclusion of liability and indemnity contained in clauses 2.4 and 2.5 of the Trade Me Terms and Conditions and agree that these apply to these Trader Terms.
  8. Suspension and cancellation
    1. Trade Me may suspend or cancel your use of any Motors Services immediately by notice to you if you breach any of these Trader Terms.
    2. You may stop using the Services at any time by providing us with not less than 30 days’ notice in writing, however any minimum period or service term applicable to a Motors Service you are currently using must expire before your notice period can commence.
    3. If your use of the Motors Services is suspended or cancelled you remain liable to pay the Fees.
    4. If your use of the Motors Services is suspended or cancelled the provisions of these Trader Terms relating to payment, debt collection and any other provisions stated or intended to survive suspension or cancellation remain in force.
  9. Register of motor vehicle traders
    1. You must be a registered motor vehicle trader and maintain your RMVT status at all times.
    2. You authorise Trade Me to search the register of motor vehicle traders to check your RMVT status.

Vehicle Trader Code of Conduct

  1. Stock
    1. Make sure your stock is accurate at all times.
  2. Users
    1. Be respectful of other users of the Trade Me Marketplace.
  3. Listings
    1. Only post images that are related to the vehicle (or whatever) you’re listing.
    2. Be accurate and honest in your listings.
    3. Do not try to contract out of any obligations you owe to consumers at law (for example, the Consumer Guarantees Act). This means you can’t claim vehicles are sold “as is where is” or that any listings are “sold on behalf of” a private seller.
    4. Do not put your contact details in the listing body, or the comments. This is a breach of rule 4.1(d) of the Trade Me Terms and Conditions. Your contact details will appear in the dealer information section.
  4. Your account
    1. Don’t share your account details (username, password, email etc) with anyone.