Seller Terms

 

1          Introduction

1.1       Welcome to CR Market, operated by Christian Resource Centre CRC.  These terms of use (“Terms”) govern your use of the website as a seller.  By setting up an account to sell products or services through CR Market, and clicking I agree to these seller terms, you agree to be bound by the seller terms.

 

2          Changing Terms

2.1       CR Market has the right to amend these terms at any time for any reason.  Any change takes effect immediately.  It is your responsibility to ensure you are familiar with the current terms.  By continuing to use CR Market, you agree to be bound by the amended terms.

2.2       CR Market reserves the right to change, suspend, discontinue, or restrict access to the website without notice.

 

3          CR Market Services

3.1       CR Market is a marketplace.  When you buy or sell a product, the sale contract is strictly between the buyer and seller, and CR Market is neither a party nor an agent for anyone else in relation to that contract.

3.2       We act as an intermediary for transactions, and are not an agent (accept to the extent to facilitate payment of products or services).

3.3       While CR Market takes care to ensure that its sellers are honest and responsible, CR Market are not liable in any circumstance whatsoever including for CR Market negligence:

3.3.1    To any purchaser for the quantity, fitness for purpose, compliance with description or lawfulness of the products supplied by the seller.

3.3.2    If the seller does not provide the product.

3.3.3    If the buyer does not pay for the product.

3.3.4    To ensure the safety of any product.

3.4       The CR Market services are nonexclusive.  Nothing in these seller terms prevents us from providing the CR Market services to any other party.

3.5       We provide an application programming interface (API) to enable software to interface with our site.  We do not make any warranty representation on the availability or performance of the site features.  If a third party feature provider ceases to provide that feature or ceases to make that feature available, we may at our discretion either replace or cease to make available that feature to you.  If we exercise our right to cease the availability of a third party feature, you are not entitled to any refund, discount, or other compensation.

3.6       CR Market is committed to maintaining a safe and trusted platform for our users.  To ensure this, we have established a policy governing the types of content that are prohibited or restricted on our website.  The following types of content are strictly prohibited on CR Market:

3.6.1    Illegal content; any content that is illegal under New Zealand Law is strictly prohibited on our platform.  This includes but is not limited to content relating to drugs, weapons, or illegal activities.

3.6.2    Offensive content; any content that is offensive, abusive, or discriminatory towards any individual or group based on their race, ethnicity, national origin, religion, sex orientation, gender, or disability is strictly prohibited on our platform.

3.6.3    Infringing content; any content that infringes on the intellectual property rights of others including copy right, trademark, and patent, is strictly prohibited on our platform.

3.6.4    Misleading content; any content that is misleading, false or deceptive in nature is strictly prohibited on our platform.  This includes false advertising or fraudulent claims.

3.7       The following types of content are restricted on CR Market:

3.7.1    Adult Content; content that is sexually explicit in nature or intended for adult audiences is restricted on our platform.  Such content maybe permitted under certain circumstances but will require additional verification and approval before it can be listed.

3.7.2    Financial Content; content relating to financial services, including loans, credit cards, and investments, is restricted on our platform.  Such content maybe permitted under certain circumstances but will require additional verification and approval before it can be listed.

3.7.3    Healthcare Content; contain relating to healthcare products or services including medications, medical devices, and supplements is restricted on our platform.

3.7.4    Such content maybe permitted under certain circumstances but will require additional verification and approval before it can be listed.

3.8       We reserve the right to remove any content that violates this policy or to suspend or terminate the accounts of users who repeatedly violate this policy.

 

4          REGISTRATION

4.1       To become a seller on CR Market you must complete the Registration process by registering an account and provide accurate, true, and current information about yourself and your business.

4.2       You agree to keep your account information up to date and to update your account if any changes occur.  We may contact you to verify your details.

4.3       You are responsible for all the activity that happens on your account.  You must keep your user ID secure, change your password regularly, and do not let anyone else use your registration login.

4.4       You must use the CR Market website in accordance with these seller terms and solely for your business purposes.

4.5       You must ensure that the products or services you are selling complies with all New Zealand Laws.  Without limiting the generality of this provision, you must ensure the following.

4.5.1    That all food products comply with the Food Act and any regulations in force.

4.5.2    That products do not breach copyright or trademark legislation or the intellectual property rights of any third party.

4.5.3    That all products comply with safety relations in force in New Zealand.

4.5.4    That you comply with your obligations under the Unsolicited Electronic Messaging Act 2007, the Fair Trading Act 1986, the Consumer Guarantees Act 1993, the Privacy Act 2020 and any other relevant New Zealand Law.

4.6       You must provide true, current, and complete information in your dealing with CR Market, and must promptly update that information as required so the information remains true, current and complete.  You also confirm that the information provided through the registration process or subsequent to registration is not misleading or deceptive or is likely to misled or deceive.

4.7       When accessing and using CR Market, you must.

4.7.1    At all times work diligently and professionally to protect and promote the interests of CR Market.

4.7.2    Not to use any illegal or unethical methods to promote your products including but not limited to scamming, fraud or deception.

4.7.3    Not make any false or misleading claims about the website, its products or services, or Christian Resources.

4.7.4    Not to modify, alter or interfere with the website, its content or its functionality.

4.7.5    Not use or interduce any virus or similar designed to damage, disable or impair the use of CR Market.

4.8       You agree to indemnify and keep indemnified CR Market from and against any and all loss, damage or liability suffered by CR Market resulting from:

4.8.1    Any actual or alleged claim by a third party.

4.8.2    Your failure to comply with our Seller Terms including any failure of a person who accesses and uses CR Market by using your user ID or any loss arising from or in connection with an actual or alleged breach by you of any legal or regulatory requirements which occurs as a consequence of your listings or as a result of a relationship established through CR Market.

 

5          LISTINGS

5.1       As a seller on CR Market you are responsible for creating accurate and complete listings for your products.  When listing products on the website sellers must.

5.1.1    Clearly state the sale price in New Zealand Dollars and including GST.

5.1.2    Clearly set out any shipping prices and conditions.

5.1.3    Described the product faithfully without any misleading details or omissions.

5.1.4    List the product in an appreciate category or categories.

5.1.5    Clearly indicate when the product is not available.

5.1.6    Own the copyright for any photographs, images and/or any other digital media representations uploaded to the website.

5.1.7    Ensure all products and services listed for sale are not prohibited or restricted products.

5.1.8    Grant the right for CR Market to use your content to promote, improve and provide our services, or to use the content for marketing purposes.

5.2       You agree to fulfill all orders in a timely and professional manner.

 

6          FEES AND PAYMENT

6.1       CR Market charges a Commission Fee of 20% for each sale made through the website.  The Commission Fee will be deducted from the sale price of your product.  CR Market reserves the right to change its Commission Fee at any time.

6.2       All payments for products sold on CR Market will be processed through the Stripe Payment System.  All sellers are required to apply for Stripe.  You will be required to submit your bank account details to Stripe.  By using Stripe’s Payment Processing Services you agree to comply with Stripe’s Terms and Conditions, which includes the payment of a transaction fee for each order of products or services sold through CR Market.  For more information about Stripe’s transaction fees please see their terms and conditions.

6.3       The Stripe payment process is as follows:

6.3.1    A consumer presents their credit card or enters their card details online to make a purchase.

6.3.2    The Stripe payment gateway then encrypt the data and forwards it to the merchants processing bank, also referred to as the “Acquirer”.

6.3.3    Once the payment is processed successfully and passes through the credit card network, it is directed to the credit cards issuing bank.

6.3.4    When the transaction is complete, the purchaser receives a message confirming if the payment was approved or not.

6.3.5    In most cases Stripe transactions take around two business days to complete.  Once they are processed, the company will send a payment to the businesses bank account.

6.3.6    Stripe payout times can be affected by various factors including the country where the business or consumer is working or living, the merchants industry, the status of the account, the payout schedule set for the account.

6.3.7    CR Market has no control over the speed at which the payment is processed.

 

7          Shipping and Delivery

7.1       You must promptly ship, post, or deliver your sold products to the buyer in a timely and professional manner.  Unless you and buyer agree otherwise, you are responsible for ensuring the product arrives in the condition as described.

7.2       You must provide accurate shipping information and ensure your products are packaged securely to prevent damage during transit.

 

8          Dispute Resolution

8.1       You agree to try to resolve any disputes you have with a buyer directly.

8.2       In accordance with your own established and displayed returns and refund policy, if a buyer requests a refund or return for a products you agree to promptly respond to the request and provide a resolution.

8.3       If you have a dispute with CR Market, please contact us directly to resolve it.

 

9          Termination

9.1       CR Market reserves the right to terminate your account at any time without specifying a reason, and without notice.

9.2       You may terminate your account at any time by giving two week’s notice to CR Market.

9.3       Termination of these seller terms does not affect either party’s rights or obligations that accrued before termination.  If you cease using CR Market, or if it is terminated by us, you must complete any outstanding transactions and pay any outstanding commission to us.

9.4       No compensation is payable by us to you as a result of termination of these Sellers Terms for whatever reason, and you will not be entitled to a refund of any commission that you have already paid.

9.5       Without limiting any other right or remedy available to us, we may restrict or suspend your use of the CR Market and/or delete, edit, or remove your content if we consider that you have:

9.5.1    Undermined, or attempted to undermine the security or integrity of CR Market.

9.5.2    Used, or attempted to use CR Market for improper purposes.

9.5.3    Breached applicable laws or regulations.

9.5.4    Supplied content that breaches or may breach these seller terms or any third party right or is or maybe objectionable, incorrect or misleading.

9.5.5    Otherwise materially breach these Seller Terms.

 

10        Privacy

10.1     When you provide personal information to us, we will comply with the New Zealand Privacy Act 2020.

10.2     CR Market only collects your personal data for the purposes of administering the website, your listing, and for charging commission.  Your personal details are not made available to any third parties for purposes other than administration of the CR Market website.

10.3     Where CR Market uses third parties to undertake services, we may provide those third parties with some of your information if it is required to fulfil those services.  We require any third party to undertake strict precautions to protect your information against unauthorised use or disclosure.

10.4     You are entitled to access your personal information and request changes whenever the information is incomplete or incorrect.  CR Market will respond to any privacy request within a reasonable time.

 

11        Disclaimer and limitation of liability

11.1     While CR Market strives to provide a safe and secure platform for our users, we cannot guarantee that sellers will not experience any losses as a result of using our website.

11.2     CR Market has no liability or responsibility to you or any other person for any loss in connection with:

11.2.1  Any loss of profit, revenue, savings, business use, data, and or goodwill.

11.2.2  Any store listing.

11.2.3  Any fraudulent or deceptive buyers.

11.2.4  Product defects or damages during transit.

11.2.5  Unexpected changes in market conditions or demand.

11.2.6  Any relationship established through CR Market.

11.2.7  Your access and use of the CR Market including if CR Market is unavailable in whole or in part or performing slowly.

11.2.8  Any error in or omission from any information made available through CR Market.

11.2.9  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 CR Market.

11.3     To the maximum extent permitted by law and only to the extent this clause does not apply, the total liability to you under these Seller Terms or in connection with CR Market will not exceed the commission we have received from sales by you through CR Market in the month prior to the first event giving rise to liability.

11.4     You agree that you access and use CR Market at your own risk.  All listings and sales of products or services through the CR Market are also carried out entirely at your own risk.

11.5     You agree to indemnify and keep indemnified Christian Resource from and against any and all loss, damage or liability suffered by Christian Resource resulting from a breach of these Seller Terms, any act, neglect, or default by you, or arising in connection with the use of the CR Market website.

 

12        Proper Law and Jurisdiction

12.1     This agreement is governed by New Zealand Law in every particular including formation and interpretation and such be deemed to have been made in New Zealand.

12.2     Any proceeding arising out of or in connection with this agreement maybe bought in any court of competent jurisdiction in New Zealand.

12.3     The submission by the parties to such jurisdiction shall not limit the right of CR Market to commence any proceedings arising out of this agreement in any other jurisdiction that may consider appropriate.

 

13        General

13.1     If we need to contact you, we may do so by email.  You agree that this satisfies all legal requirements in relation to written communications.

13.2     You agree not to assign, charge, or otherwise deal with any or all of your rights, entitlements, or obligations under this agreement in anyway.

13.3     You agree that our relationship is not a partner, joint venture, agency, or employment arrangement.  You are responsible for the payment of your own income tax, GST, levies under the Accident Compensation Act 2001 and all other relevant taxes and levies.

13.4     If any provision of these Sellers Terms is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable the parties must amend that provision in such responsible manner as achieves the intention of the parties and cures the defect or that provision will be severed from this agreement and the remaining provisions of this agreement will remain in full force and effect unless CR Market gives notice that it considers the effect of such severance is to defeat the original intention of the parties, or is otherwise materially prejudicial to its interests under the agreement, in which event CR Market will be entitled to terminate this agreement.