Terms of Use
TheGlobe Marketplace is a New Zealand–based online platform that enables users to buy, sell, or find a wide range of goods and services – from vehicles and properties to jobs, services, and everyday items.
This page sets out the Terms of Use ("Terms") that you agree to by accessing or using our Platform. The defined terms used in these Terms are explained in clause 2.
Your entire Agreement with TheGlobe when using the Platform consists of:
- these Terms
- our Posting Policies
- our Privacy Policy (including Cookies Policy)
Together, these documents form the Agreement between you and TheGlobe. See clause 3 for how you agree to be bound by this Agreement.
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1. AGREEMENT SUMMARY
You must review this Agreement in full before proceeding with using the Platform or registering an Account. For your convenience and understanding, a general summary of your key undertakings is as follows:
True Descriptions – Consumer Law Obligations
If you are a Seller, you must provide accurate and complete information in all Listings. Information must not be false, misleading, or deceptive under the Fair Trading Act 1986.
Buyers, including those purchasing second-hand goods, have non-excludable rights under the Consumer Guarantees Act 1993 (CGA). As a Seller, to ensure compliance with New Zealand law, you must:
- clearly describe any known defects, damage, or deficiencies in Listings for Goods; and
- provide Services with reasonable care and skill, ensuring they are fit for purpose and supplied within a reasonable timeframe.
Fair Work – Employment Law
Users posting Jobs must comply with the Employment Relations Act 2000, the Minimum Wage Act 1983, the Holidays Act 2003, and any other applicable Employment Laws.
Employers must ensure all job listings meet New Zealand employment standards and accept full responsibility for compliance.
Employees and job seekers should understand their rights under New Zealand law. Guidance is available from Employment New Zealand.
Your Privacy – Privacy Act 2020
We take privacy obligations seriously in line with the Privacy Act 2020 and our Privacy Policy. We may collect and store information about your use of the Platform for operational, legal, or genuine business purposes, while you hold an Account and for as long as reasonably required.
Risks and Online Safety
Buying and selling online carries inherent risks. To stay safe:
- Never share your bank details or sensitive financial information directly with other Users.
- Verify the condition of Goods in person whenever possible, especially for vehicles and high-value items.
- Use safe meeting places and trusted payment methods.
Seller Liability
If you sell Goods or Services through TheGlobe.nz, you are solely responsible for compliance with New Zealand laws. You may be liable to Buyers under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. TheGlobe.nz does not accept liability for disputes between Buyers and Sellers.
Buyer Obligations
If you buy Goods or Services on the Platform, you must carefully inspect items or services before completing payment. All transactions are strictly between you and the Seller. TheGlobe.nz is not a party to any sales agreement and does not provide refunds or guarantees.
Community Behaviour
You must not use the Platform for any unlawful purpose and must treat other Users with respect. Prohibited behaviour includes scams, harassment, misleading Listings, and unlawful content.
Take Action Against Misuse
You are encouraged to report any misuse or breaches of this Agreement. TheGlobe.nz reserves the right to suspend, restrict, or terminate Accounts or Listings at any time where there is suspected non-compliance, fraud, or misconduct, without liability to you.
2. DEFINED WORDS USED IN THESE TERMS
3. HOW YOU AGREE TO THIS AGREEMENT
Use Without an Account:
For all parts of this Agreement that apply to using the Platform without creating an Account (for example, browsing or viewing Listings), you agree to be bound by this Agreement by simply using the Platform.
Agreement Upon Account Creation:
By creating an Account in accordance with clause 5, you will be required to tick a box or otherwise indicate that you agree to be bound by this Agreement at all times while using the Platform.
Enforceability Regardless of Reading:
Your failure to read these Terms at any time before posting a Listing, engaging in an Exchange, or using any part of the Platform will not limit or affect the enforceability of this Agreement in relation to that Listing, Exchange, or other use of the Platform.
Your Representations and Warranties:
You represent and warrant that you have read this Agreement in full. You must not use the Platform if you do not agree to this Agreement, including these Terms.
Updates to the Agreement:
We may update any part of this Agreement from time to time to reflect changes in our business operations, compliance with New Zealand law, or other regulatory or operational requirements. We may notify you of updates by email or by posting the revised Agreement on the Platform.
Acceptance of Updates:
If you continue to use the Platform after such notice is given, you are deemed to have accepted and agreed to the updated Agreement. If you do not agree with any updated terms, you must stop using the Platform immediately.
4. YOUR RELATIONSHIP WITH THEGLOBE.NZ AND OTHER USERS
Binding Agreement:
This Agreement forms a binding contract between you and TheGlobe Limited (NZBN 9429052669668).
Role of TheGlobe.nz:
You acknowledge and agree that TheGlobe.nz:
- provides an introductory service as a passive conduit to facilitate relationships between Users through the Platform;
- is not a party to any contractual relationship formed between Users in relation to any Listing or Exchange; and
- does not personally offer, endorse, or recommend any Goods, Services, or Jobs advertised in any Listings.
User-to-User Obligations:
To the extent a clause is relevant to the relationship between Users, this Agreement will form a binding set of obligations between Users for the purpose of interacting on the Platform, including Listings, Exchanges, and any issues or disputes.
Compliance with New Zealand Law:
It is your responsibility to ensure that you comply with all applicable laws while engaging with the Platform, including but not limited to:
- Employment Laws (e.g., Employment Relations Act 2000, Holidays Act 2003, Health and Safety at Work Act 2015);
- Consumer Laws (e.g., Fair Trading Act 1986, Consumer Guarantees Act 1993);
- Privacy Laws (e.g., Privacy Act 2020);
- Animal Welfare Laws (e.g., Animal Welfare Act 1999);
- Conveyancing Laws (e.g., Land Transfer Act 2017); and
- Tenancy Laws (e.g., Residential Tenancies Act 1986, Unit Titles Act 2010),
as applicable, when posting Listings or engaging in any Exchange.
Enforcement and Platform Rights:
While compliance is your responsibility, TheGlobe.nz is committed to protecting its community of Users and reserves the right, without being under any obligation, to take all necessary steps to enforce compliance with this clause and the Agreement in accordance with clause 21(b).
5. REGISTERING A USER ACCOUNT
Requirement to Register:
To access most of the functionality of the Platform, you must register an Account on the Platform.
Single Account Rule:
You must not register more than one Account on the Platform, including through using multiple email addresses. You may request TheGlobe.nz's permission to hold more than one Account, and we may at our discretion grant or deny such permission.
Age and Consent:
By registering an Account, you represent and warrant that you are a legitimate User and that you are at least 18 years of age, or have your parent or guardian's informed consent to use the Platform and enter into this Agreement as a binding contract under New Zealand law.
Information Provided:
When registering an Account (and using your Account), you will be asked to provide personal information, and potentially sensitive information, which we will handle in accordance with clauses 15 and 16 and the Privacy Act 2020 (NZ).
You must provide true, accurate, current, and complete information about yourself and any organisation which you represent, as prompted by the Platform.
Account Security:
You are responsible for ensuring the security of your Account, including safeguarding your passwords and devices. You are responsible for the actions of any person you allow, by act or omission, to access your Account.
If you suspect any unauthorised use of your Account, you must notify TheGlobe.nz immediately using the contact methods provided on the Platform. Until such notice is received, you remain responsible for all activity under your Account.
Account Deactivation or Modification:
We reserve the right to deactivate, suspend, or modify your Account for any reason we, at our absolute discretion, deem necessary, including for breaches of this Agreement or for compliance with New Zealand law.
6. LISTINGS AND AGREEING TO EXCHANGE
Any User may post a Listing at any time using the functionality provided on the Platform.
All Listings must comply with the Posting Policies, and TheGlobe.nz reserves the right to not publish, remove, or modify any Listing that violates the Posting Policies or applicable New Zealand laws.
Any User may, in their discretion, engage with any Listing; however, engagement does not constitute a commitment to proceed with the offer until all criteria under this Agreement are satisfied.
Unless directed otherwise by the Platform, you agree to use only the Platform's messaging functionality to communicate with other Users and in accordance with the Privacy Law (Privacy Act 2020).
You agree to personally post and respond to inquiries about Listings. You must not use any automated tools or software to provide responses on your behalf, except those provided as part of the Platform.
When two Users agree to the terms of a Listing (including any communications through the Platform), they may use the Platform functionality to agree to exchange the Goods, perform the Services, or accept the Job for an agreed fee, in compliance with all applicable New Zealand laws.
7. SPECIFIC TERMS FOR SERVICES
This clause applies if a Listing offers the performance of Services (e.g., "Services for Hire").
The Seller represents and warrants that they have the appropriate skills, qualifications, and experience to perform the Services described in the Listing.
Services must:
- be of an acceptable standard for the type of Service;
- be performed with due diligence and skill;
- meet all representations made to the Buyer, including delivery times.
Buyers are responsible for reading the Service description and satisfying themselves that the Services meet their requirements.
The Buyer must ensure the location for performance is accessible to the Seller.
Sellers must comply with all applicable Health and Safety at Work Act 2015 requirements and hold appropriate insurance (e.g., professional indemnity, public liability, or employee compensation, as relevant).
Buyers are encouraged to maintain relevant insurance (e.g., home, contents, or public liability) when applicable.
8. SPECIFIC TERMS FOR JOBS
This clause applies if a Listing is for a Job (employment).
Employers and Employees must comply with all Employment Laws, including:
- Employment Relations Act 2000
- Holidays Act 2003
- Health and Safety at Work Act 2015
- Wages Protection Act 1983
- Human Rights Act 1993
Employers must ensure all Listings comply with Posting Policies and Employment Law obligations, including minimum wage, entitlements, and workplace safety.
Employees are responsible for assessing the suitability of a Job and performing it professionally.
Employees should understand their rights and monitor compliance with Employment Laws.
9. SPECIFIC TERMS FOR GOODS
This clause applies to Listings offering Goods for sale (including second-hand items).
Seller Responsibilities:
- Sellers warrant they are the lawful owners of the Goods, free from encumbrances.
- Any defects must be accurately described.
- Sellers must maintain evidence of the condition of Goods (photos, descriptions).
- Sellers must comply with Consumer Guarantees Act 1993 where applicable.
Buyer Responsibilities:
- Buyers must review descriptions and satisfy themselves of the condition and suitability of the Goods before Exchange.
- If exchanging in person, Buyers should take safety precautions (public meeting place, daylight hours, verify identity).
- For delivery, Sellers and Buyers must agree on costs, use a reputable courier, and provide tracking.
Title and Risk:
- Title passes to the Buyer on payment.
- Risk passes on delivery.
- Delivery issues should first be pursued with the courier; Sellers must provide evidence of shipment.
10. SPECIFIC TERMS FOR VEHICLES
This clause applies in addition to Clause 9 for Vehicle Listings.
Vehicles may be sold by individuals or dealers:
- Individuals: Buyer beware applies; Consumer Guarantees Act may have limited application.
- Dealers: Must comply with Consumer Laws and other applicable NZ regulations.
Sellers must provide accurate and comprehensive Listings, including:
- Disclosure of defects affecting safety, functionality, or performance.
- Accurate representation of features and capacities.
Buyers are encouraged to:
- Obtain a third-party inspection (e.g., licensed mechanic).
- Check vehicle registration and ownership, including encumbrances.
- Test drive the Vehicle.
Vehicles are sold without manufacturer warranty unless explicitly stated.
Buyers are encouraged to maintain suitable insurance coverage for vehicles, including all risks and liability.
11. SPECIFIC TERMS FOR PETS
If a Listing offers a Pet for sale, in addition to clause 9, this clause 11 applies and will prevail to the extent of any inconsistency with clause 9.
Seller Responsibilities:
- You are solely responsible for ensuring compliance with our Pets Policy and all applicable New Zealand laws, including the Animal Welfare Act 1999, the Dog Control Act 1996, and the Animal Welfare (Records and Statistics) Regulations 2022.
- You must comply with all regulations relating to breeding, microchipping, registration, vaccination, and the welfare of animals.
- You must not list banned or restricted animals under New Zealand law.
Buyer Responsibilities:
- You are solely responsible for inspecting the Pet and ensuring all relevant documentation (e.g., vaccination, registration, or breeding records) is provided to you at the point of Exchange.
- Once you take possession of a Pet, you are solely responsible for providing for its welfare, including veterinary expenses.
- We strongly encourage all Pet owners to obtain suitable pet insurance in New Zealand.
TheGlobe.nz is not an agent or party to any Pet sale. We are not liable for the health, behaviour, or suitability of any Pet listed on the Platform.
12. SPECIFIC TERMS FOR REAL PROPERTY
If a Listing offers Real Property for sale or rent, in addition to clause 9, this clause 12 applies and will prevail to the extent of any inconsistency with clause 9.
Buying or Selling Real Property
Individuals:
- You must only post the Listing if you have a valid Agreement for Sale and Purchase of Real Estate prepared by a licensed real estate agent or solicitor.
- You warrant that you hold registered title to the property under the Land Transfer Act 2017, encumbered only by any disclosed mortgages.
- If co-owned, all owners must consent to the Listing.
Real Estate Agents:
- You must hold a current licence under the Real Estate Agents Act 2008.
- You warrant that you have a valid and binding agency agreement with the owner.
All Users:
- Must use a licensed conveyancer or solicitor for settlement.
- Contracts are not binding until validly signed and exchanged.
- Buyers should conduct all searches, inspections, and due diligence.
- Buyers should obtain suitable insurance from the date of possession.
TheGlobe.nz will not be:
- a party to any contract for sale;
- considered an agent in respect of the Listing; or
- liable for any misrepresentation in Listings.
Renting Real Property
If you offer a property for rent:
- You must comply with the Residential Tenancies Act 1986 and the Healthy Homes Standards.
- Real estate agents must have binding authority from the landlord.
- Landlords must provide a written tenancy agreement that complies with NZ Tenancy Law.
- All tenancy disputes must be directed to the landlord/agent, and if unresolved, referred to the Tenancy Tribunal (MBIE).
13. PAYMENT OF FEES
Creating an Account on TheGlobe.nz is free.
Payments to TheGlobe.nz:
- We may charge you fees for posting Listings or for optional premium features.
- Any fees will be clearly displayed on the Platform.
- All such fees are non-refundable unless required by the Consumer Guarantees Act 1993.
Payments between Users:
- The price for any Exchange (the "Exchange Fee") must be monetary.
- Sellers must not require cash payment for Jobs. Cash is only permitted for second-hand Goods if agreed between the parties.
- For all other cases, payment must occur by electronic transfer or via our third-party payment provider (Stripe).
Stripe Payments:
- TheGlobe.nz uses Stripe Payments New Zealand Limited as its payment provider.
- By using Stripe, you agree to comply with Stripe's Terms of Service.
- Stripe may require you to provide identification and comply with KYC/AML laws (Anti-Money Laundering and Countering Financing of Terrorism Act 2009).
- TheGlobe.nz is not responsible for any delays or errors in settlement caused by Stripe.
Timing of Payment:
- Exchange Fees are payable upon Agreement to Exchange, prior to delivery or performance.
- For Jobs, payment must comply with Employment Law.
- If the Buyer does not pay, the Seller may cancel the Exchange.
14. REFUNDS, CHARGEBACKS & CONSUMER LAW
Nothing in this Agreement limits your rights under New Zealand law, including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.
Buyers:
- For major failures, you may be entitled to a refund, replacement, or repair.
- For minor failures, the Seller may choose the remedy.
Sellers:
- You must honour all consumer rights available under NZ law.
- You are responsible for resolving refund requests directly with Buyers.
Disputes:
- If disputes cannot be resolved, Buyers may escalate to Stripe's dispute process or to the Disputes Tribunal.
- Chargebacks processed by Stripe will be final, and Sellers must provide all evidence requested.
- Return shipping costs (if applicable) are payable by the Buyer unless required otherwise by law.
15. USER CONTENT
Summary
This section explains how your listing content may be used when you post on TheGlobe.nz.
- You keep ownership of your images, videos, and descriptions.
- You give TheGlobe.nz permission to use your content on and outside the Platform.
- Your content may be used for promotion, advertising, and traffic generation.
- This includes use on social media platforms, social media marketplaces, search engines, Google advertising campaigns, and partner platforms.
- We may use your listing content to bring traffic back to TheGlobe.nz.
- Content may continue to be used for a reasonable period after removal for operational or legal purposes.
- You are responsible for ensuring your content is accurate and lawful.
This summary is provided for convenience only. The full legal terms below apply.
Ownership of Content:
You retain Intellectual Property Rights in your Listings and other Content. By creating an Account and posting any Listing on TheGlobe.nz, you grant us a non-exclusive, worldwide, royalty-free, sublicensable licence to use, host, store, reproduce, modify, adapt, publish, display, distribute, and promote your Content, both on and outside the Platform.
This includes the right to use Listing images, videos, titles, descriptions, pricing, and related information for Platform promotion, traffic generation to TheGlobe.nz, and marketing purposes, including (without limitation) use on social media platforms, social media marketplaces, search engines, Google advertising campaigns, digital marketing channels, and partner or affiliate platforms.
Where Content is provided via third-party systems, dealer feeds, or platform integrations, you confirm that you are authorised to distribute such Content and to permit its promotional and marketing use by TheGlobe.nz in accordance with these Terms.
This licence continues for as long as the Content remains available on the Platform and for a reasonable period after removal where required for operational, legal, or promotional purposes.
Responsibility for Content:
- You are solely responsible for the accuracy, completeness, and lawfulness of your Listings and any related Content.
- TheGlobe.nz does not guarantee the accuracy, completeness, or usefulness of Content posted by Users.
Content Rights Warranty:
You warrant and represent that you own, or have obtained all necessary rights, licences, and permissions to upload and use all Content in your Listings, and that TheGlobe.nz’s use of such Content in accordance with these Terms does not infringe any Intellectual Property Rights, privacy rights, or other rights of any third party.
Prohibited Content:
You must not post any Content that:
- breaches NZ law (including the Privacy Act 2020, Harmful Digital Communications Act 2015, or Human Rights Act 1993);
- is defamatory, obscene, harassing, or discriminatory;
- involves illegal Goods, Services, or Jobs;
- infringes Intellectual Property Rights;
- contains viruses, bots, or disruptive software;
- is unsolicited advertising, spam, or scams.
TheGlobe.nz reserves the right (but has no obligation) to remove or restrict Content at its sole discretion.
16. PRIVACY & USER COMMUNICATIONS
We will abide by, and you agree to, our Privacy Policy, which can be accessed via the link at the start of these Terms. Our Privacy Policy complies with the Privacy Act 2020 (NZ) and may be updated from time to time by notice to you.
You must not share any Content with any other User, including in any Listing, which is not necessary to understand or discuss the Listing. You must never provide credit card or bank details to any other User. Any information you provide to another User is done so at your own risk.
All Users must take reasonable steps to protect from misuse or distribution any information received from another User. If TheGlobe.nz becomes aware of a User misusing or distributing information of another User, we may investigate and suspend or terminate the User's Account.
Without limiting our Privacy Policy, you agree that TheGlobe.nz may monitor, use, access, store, and disclose your Content, including communications with other Users:
- to provide the Platform in an efficient and safe manner;
- to ensure compliance with this Agreement;
- to administer your Account in accordance with our standard operating procedures; and
- if required by law in New Zealand, including compliance with court orders or investigations.
We may also provide you with messages or offerings from our business partners (including advertisements) via the Platform, social media, or email, provided this is in accordance with the Privacy Act 2020 and the Unsolicited Electronic Messages Act 2007.
You may request deletion of your Account at any time. We will action your request within a reasonable timeframe, although some Content may be retained where necessary for legal, tax, or compliance purposes.
17. PLATFORM LICENCE AND INTELLECTUAL PROPERTY
While you continue to comply with this Agreement, TheGlobe.nz grants you a non-exclusive, non-transferable, royalty-free, revocable licence to use the Platform for the sole purpose of engaging in lawful Listings and Exchanges in New Zealand.
You acknowledge that the Platform contains Intellectual Property Rights and confidential information owned by TheGlobe.nz and its licensors. Nothing in this Agreement transfers ownership of Intellectual Property Rights to you.
You must not:
- copy, scrape, or data-mine any part of the Platform;
- manipulate or exploit any vulnerability in the Platform for your own gain;
- modify, reverse-engineer, or attempt to sub-license the Platform;
- use automated bots, scripts, or programs to interfere with the Platform; or
- use any content on the Platform without proper authorisation.
All advertisements or content presented through the Platform are protected by copyright, trademarks, and other intellectual property laws.
18. DISCLAIMERS
The Platform is provided on an "as is" and "as available" basis. You are responsible for making your own inquiries as to the legitimacy of Users and accuracy of Listings.
To the fullest extent permitted by New Zealand law, TheGlobe.nz makes no warranty that:
- the Platform will meet your requirements;
- the Platform will be uninterrupted, timely, secure, or error-free;
- any Listing, product, or service will meet your expectations; or
- any defect will be corrected.
Nothing in this Agreement limits your rights under the Consumer Guarantees Act 1993 (NZ) or the Fair Trading Act 1986 (NZ).
19. ISSUES AND DISPUTES
Issues with the Platform:
If you encounter issues with the Platform, please contact us using the details at the end of these Terms. We will endeavour to resolve your issue within 5 business days.
Disputes with other Users:
Any dispute about a Listing or Exchange is strictly between the relevant Users (e.g., Buyer and Seller, or Employer and Employee).
If Users cannot resolve the dispute themselves, they agree to attempt good faith mediation before pursuing legal action. Mediation costs will be shared equally between the disputing Users.
This clause does not prevent urgent court action where necessary. Users are encouraged to seek independent legal advice in the event of serious disputes.
20. LIABILITY AND INDEMNITY OF THEGLOBE.NZ
To the maximum extent permitted by law, TheGlobe.nz is not liable for any indirect or consequential loss (including loss of profits, reputation, or opportunity) arising from use of the Platform.
If TheGlobe.nz is liable to you under New Zealand law, our maximum aggregate liability will be limited to:
- for disputes relating to an Exchange — the value of the relevant goods or services exchanged; or
- for disputes relating to use of the Platform — the greater of (i) the amount you paid to TheGlobe.nz in the 12 months before the claim, or (ii) NZD $100.
You agree to indemnify TheGlobe.nz against all claims, losses, or damages arising from your:
- breach of this Agreement;
- breach of applicable NZ laws (including Consumer Law, Employment Law, Privacy Law, Animal Welfare Act 1999, or Tenancy Law);
- misuse of the Platform; or
- negligent, fraudulent, or unlawful conduct.
21. REPORTING MISUSE & ACCOUNT TERMINATION
If you suspect another User is breaching these Terms, please report it to TheGlobe.nz immediately.
If TheGlobe.nz knows or reasonably suspects you are in breach of this Agreement, we may, at our discretion:
- suspend or terminate your Account;
- permanently prohibit your use of the Platform; and/or
- report your conduct to law enforcement or regulators in New Zealand.
22. GOVERNING LAW AND INTERPRETATION
This Agreement is governed by the laws of New Zealand. Both parties submit to the exclusive jurisdiction of the courts of New Zealand.
If any clause of this Agreement is found unenforceable, the remainder will continue in full force.
Failure to enforce any right does not waive that right.
This Agreement applies from the time you agree to it under clause 3 and continues unless updated by TheGlobe.nz.
23. NOTICES
General inquiries, feedback, or complaints can be sent to infotheglobe.nz.
Formal legal notices must be delivered to:
TheGlobe Limited (NZBN 9429052669668)
TheGlobe.nz Marketplace
www.theglobe.nz