Ping terms and conditions

  1. Background

    1. These terms form part of Trade Me Limited’s ("Trade Me") standard terms and conditions, and outline the terms on which Trade Me offers the Ping service ("Ping"). Ping enables sellers to offer online credit/debit card payments and bank funded payments as an option to buyers in the Trade Me marketplace. It also provides sellers with the ability to retain funds from previous sales within their Ping balance, and to use these funds to pay for subsequent items on Trade Me. For clarity, by using Ping you agree to these Ping terms and conditions.
  2. Using Ping

    1. Trade Me will provide sellers with the option to accept payment via Ping when listing an item (subject to clauses 5.5 and 15). If Ping has been selected by the seller, the Ping payment method will automatically be enabled for all future listings unless turned off by the seller or unless automatic selection is unavailable.
    2. Where Ping has been selected by the seller, Trade Me will display on the seller’s listing that payment can be made by Ping, and will facilitate the option for buyers to pay for the item using Ping. Trade Me may also indicate that a transaction paid via Ping may be subject to Buyer Protection.
    3. Ping may not be used to acquire a financial product, or a beneficial interest in a financial product.
  3. How funds are held

    1. Trade Me holds funds received from buyers on trust on behalf of the seller (less any Transaction Fees charged in accordance with clause 4), until the seller instructs Trade Me to either:

      1. Continue to hold the funds within the seller’s Ping balance, which is held on trust by Trade Me for the seller, until the seller chooses to use the funds to pay for goods or services on Trade Me (the contributed amount held in the Ping balance referred to as a "stored balance"); or,
      2. transfer the funds into their Nominated Bank Account, in each case subject to Trade Me’s ability under clauses 3.4, 3.5 and 11 to take the actions contemplated by those clauses in appropriate circumstances.
    2. The seller authorises Trade Me to deduct its fees from money held on trust and retain any interest earned on the money held on trust.
    3. To provide members with visibility of funds held on trust and any payments or withdrawals authorised by the member, Trade Me will provide the members with a Ping ledger and balance where members can view all Ping transactions. Members can see their stored balance within their Ping balance.
    4. Trade Me may hold payments for longer periods at its reasonable discretion, such as to minimise fraud risk, where necessary due to circumstances beyond Trade Me's reasonable control, or to await the conclusion of a dispute. In this situation, the seller acknowledges that payments into the seller's Ping balance are not a guarantee of payment into the seller's verified Nominated Bank Account.
    5. In the event a person purchases an item on Trade Me, and the transaction is reversed in accordance with clause 11, the Ping funds will be refunded back to the original source. If multiple funding sources (e.g., Ping stored balance and credit card) are used to fund a single transaction, Trade Me will ascertain, at its discretion, the appropriate source to refund the funds to.
    6. If a member has not used Ping for a period of 36 months and the member retains a Ping stored balance, Trade Me will notify the member via their registered email address, phone number or other contact details. If the member does not use Ping within 12 months of Trade Me giving such notice, the member’s stored balance may be forfeited to Trade Me.
  4. Charges and Fees

    1. Trade Me will charge the seller the current fee described on Trade Me's fees page ("Transaction Fee") for every item the member sells via Ping. The Transaction Fee will be deducted from the seller's Ping balance. Trade Me may change this fee at any time by giving not less than two weeks’ notice.
    2. If a Chargeback or Reversal occurs as a result of an incorrect transaction (such as a technical error) Trade Me will refund the Transaction Fee. If a Chargeback or Reversal occurs for reasons other than an incorrect transaction Trade Me will not normally refund the Transaction Fee.
    3. In the event of a refund, as outlined at clause 3.5, the Transaction Fee will be refunded.
  5. Ping balances

    1. Trade Me does not permit negative Ping balances. However, in the event one arises, a member may still list an item for sale. Any subsequent sale amount will be used to clear any negative Ping balance.
    2. Where the member’s Ping balance does not have sufficient balance to cover money owed to Trade Me, the member must, if directed by Trade Me, immediately make payment sufficient to cover the full amount owed.
    3. In the event a member has a negative or zero Ping balance, a buyer is required to top up their balance from a funding source at the same time as they complete the transaction.
    4. Members with negative Ping balances or any other debt to Trade Me, including a debt arising as a result of a Reversal or a Chargeback made in accordance with clause 11, may be referred to a debt collection agency. Costs of debt collection are the responsibility of the member and the member agrees to pay those costs, which will be added to the amount of the member’s debt.
    5. Trade Me may in its sole discretion restrict or suspend a member’s Trade Me account, or a member’s use of Ping, until all amounts owed to Trade Me are paid in full.
  6. Seller's bank account

    1. Members must nominate a legitimate, New Zealand-domiciled bank account(s), or (only with Trade Me’s written approval which may be granted or withheld at Trade Me’s sole discretion) a foreign bank account (a “Nominated Bank Account”). Trade Me may require you to verify your control and access to your Nominated Bank Account prior to funds being withdrawn from your Ping balance.
    2. Your Nominated Bank Account will be visible within your Ping Overview, where you may also change your Nominated Bank Account.
  7. Direct debits – Bank account payments via Ping

    1. In the event a person wishes to set up bank funded payments via Ping, to enable purchases to be paid out of their bank account rather than from their credit/debit card, the member must agree to the Ping direct debit terms and conditions.
  8. Fraud prevention measures

    1. Trade Me employs fraud detection techniques designed to prevent fraud. Trade Me will sometimes hold or reverse payments or take other steps to protect members.
    2. Trade Me also has systems in place to reduce the risk of credit card fraud and prevent the unauthorised use of credit or debit cards. Sellers should not release or send items purchased via Ping until notified to do so by Trade Me. Where Trade Me is subsequently made aware that a transaction was not authorised by the registered card holder, and the seller has acted in accordance with Trade Me's instruction regarding that transaction, Trade Me will not pass the loss on to the seller.
  9. Members’ obligations

    1. Any Trade Me member may use Ping to facilitate the purchase and sale of goods and services on Trade Me, subject to clauses 5.5 and 15.
    2. Members must not add any surcharge or impose any cost on buyers for making payment using Ping.
    3. Members agree to conduct themselves in good faith, respond to communications with Trade Me in the event of a dispute, and be bound by:

      1. Trade Me’s decision regarding a dispute report filed by a buyer claiming that the buyer is eligible for a refund under the Buyer Protection Policy (Buyer Protection application), subject to clause 9.4; or
      2. otherwise, the outcome of any dispute resolution process.
    4. If a member is unsatisfied with Trade Me’s decision regarding a dispute the subject of a Buyer Protection application, the member may seek determination of its liability (as against the other member in the dispute) by initiating proceedings in the Disputes Tribunal or a New Zealand court.
  10. Sellers’ obligations

    1. A seller using Ping must ship items as quickly as reasonably possible (and in any case no later than within three working days of notification of payment).
    2. Sellers are responsible for delivering items to the buyer by the time agreed with the buyer or, if this is not agreed, within a reasonable time. Items are treated as delivered to the buyer only when delivered to the buyer’s physical address (as notified to the seller). A seller’s failure to deliver an item in accordance with this clause 10.2 may be treated as a “non-delivery” under the Buyer Protection Policy.
    3. If a buyer’s item has been damaged in transit, then it is the seller's responsibility to refund the buyer. The seller may choose to recover this cost by applying for insurance from the shipping company.
    4. In each listing, sellers are responsible for bringing to the attention of buyers any defects, deterioration or imperfections of an item which are material ("material defects"). Items with undisclosed material defects, or which are not materially the same as described in a seller’s listing when received by the buyer, may be treated as “not as described” under the Buyer Protection Policy.
    5. A seller must offer clear shipping options with specific pricing on all listings offering Ping.
  11. Buyer Protection, Chargebacks and Reversals

    1. Transactions made through Ping are subject to Trade Me’s Buyer Protection Policy. Members agree that:

      1. they will attempt in good faith to resolve any dispute with another member concerning a transaction made through Ping;
      2. if the parties are unable to resolve the dispute, and the buyer makes a Buyer Protection application to Trade Me, Trade Me may make a Reversal if Trade Me determines it appropriate under the Buyer Protection Policy, and the seller may have its Ping balance debited, or be required to pay Trade Me any amount remaining, in accordance with this clause 11; and
      3. the seller will be liable for the costs of any return shipping if Trade Me determines (in accordance with clause 11.1(b) above) that the seller is responsible for a dispute the subject of a Buyer Protection application.
    2. The Seller agrees that if Trade Me determines (in accordance with clause 11.1(b) above) that the Seller is responsible for a dispute, and Trade Me has agreed to allow the buyer to return the item to Trade Me instead of to the Seller (as permitted by the Buyer Protection Policy) then, provided the Seller has paid to Trade Me any amount owing in accordance with this clause 11, Trade Me will use its reasonable endeavours to arrange the return of the item to the Seller, at the Seller's cost. If Trade Me has been unable to arrange the return of the item to the Seller within a period of 90 days (for example because the Seller is refusing to accept the item, the Seller is not making contact with Trade Me or the Seller has not paid to Trade Me any amount owing in accordance with this clause 11), then the Seller agrees that:

      1. Trade Me is entitled to dispose of the item as it sees fit.
      2. Trade Me may keep the proceeds of such disposal (if any);
      3. Trade Me's disposal of the item shall not reduce or otherwise affect the Seller's obligation to pay to Trade Me any amount owing in accordance with this clause 11.
    3. Reversals: If a member disputes a transaction, Trade Me may at its sole discretion investigate the transaction and if Trade Me determines it appropriate, Trade Me may reverse a transaction between a buyer and the seller (a “Reversal”).
    4. Where Trade Me determines a Reversal is appropriate, Trade Me will reverse the disputed transaction and cause the amount originally charged to the buyer’s credit/debit card or deducted from the buyer’s bank account or stored balance (the “Reversed Amount”) at the time of purchase to be refunded. Trade Me will debit the seller’s Ping balance for the Reversed Amount.
    5. If Trade Me is unable for any reason to complete a Reversal (e.g., because a buyer’s credit/debit card has expired or their bank account has been closed), Trade Me may debit the seller’s Ping balance for the Reversed Amount and make payment to the relevant buyer through any other means Trade Me determines is appropriate in the circumstances, including from the seller’s Ping stored balance.
    6. Chargebacks: Banks and other credit/debit card issuers (“Issuers”) generally offer a dispute process for credit card or debit card payments known as a chargeback process. Where an Issuer determines that a transaction should be refunded (a “Chargeback”) Trade Me will normally give effect to the Chargeback by debiting the seller’s Ping balance. The decision to debit the seller’s Ping balance for a Chargeback is, however, at Trade Me’s sole discretion. If a buyer has received a Chargeback, Trade Me will not allow the buyer to receive the benefit of Buyer Protection in respect of the same transaction.
    7. Costs: If Trade Me gives effect to a Chargeback or makes a Reversal, the seller agrees to indemnify Trade Me against any costs incurred as the result of the Chargeback or Reversal (including in relation to a buyer’s successful Buyer Protection application). The seller authorises Trade Me to debit the seller’s Ping balance the amount of any such costs. For clarity, if in respect of any Reversal or Chargeback Trade Me is unable to debit the seller’s Ping balance or the seller fails to pay any amount owing to Trade Me, this will create a debt between Trade Me and the seller, and Trade Me may refer the matter to a debt collector in accordance with clause 5.4.
    8. If an Issuer or Trade Me’s acquiring bank (known as its “Acquirer”) is investigating a Chargeback and requests information from Trade Me about the transaction, Trade Me may disclose such information to its Acquirer or the Issuer (via the Acquirer) for the purpose of determining the Chargeback . Any disclosure of personal information will be made in accordance with Trade Me's privacy policy.
    9. The seller agrees to do all things reasonably requested by Trade Me or any Issuer (including providing further evidence or additional information such as, without limitation, proof of postage) to facilitate investigation by Trade Me, Trade Me's Acquirer or an Issuer of a Chargeback or Reversal or any other buyer complaint or query.
  12. Transaction limits

    1. Trade Me may set limits on the value or number of transactions that members can make using Ping within a given period. These transaction limits may be changed by Trade Me at any time.
  13. Disclaimers

    1. Members accept that:

      1. Trade Me only facilitates Ping, and (except to the extent that Trade Me is holding money on trust for sellers in accordance with clause 3) does not take any part in the sale itself including as an agent for either party.
      2. Trade Me's fraud protection systems may from time to time block legitimate payments. In these cases, payment will need to be made by other means.
      3. Trade Me makes no warranty that Ping will meet the requirements of all prospective users, or that Ping (including any reports) will be uninterrupted, timely, secure or error free.
    2. Trade Me bears no responsibility or liability for any misconduct or mistakes by members or other third parties who are involved in the transaction.
  14. Liability

    1. Trade Me is not liable for incorrectly declining transactions.
  15. Suspension

    1. Without limiting any of Trade Me's rights under the Trade Me standard terms and conditions, Trade Me may suspend or restrict any member’s use of Ping immediately, and with subsequent notice to the member, if the member:

      1. fails to comply with any of the member’s (in their capacity as either a seller or a buyer) obligations under this agreement or Trade Me's standard terms and conditions;
      2. has a history of fraudulent or inappropriate behaviour; or
      3. may pose a risk to the smooth operation, safety or security of Ping, or to other members using Ping.
    2. In limited circumstances, Trade Me may temporarily suspend or restrict access to Ping or certain Ping functionality. In such circumstances, Trade Me will endeavour to provide reasonable advance notice to members who may be affected.
  16. Trade Me Terms and Conditions

    1. Where there is any direct conflict between the Trade Me Terms and these terms, these terms shall prevail.



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