Terms of Service

BlueTika Limited ("BlueTika", "we", "our") runs the marketplace at bluetika.nz to help Kiwis find great local products and services at prices as close to free as possible. By using BlueTika, you agree to these Terms. If you don't agree, that's okay — just don't use the platform.

1. Acceptance of Terms

These Terms are a legal agreement between you and BlueTika Limited. When you register, list a product, or buy something on the platform, you agree to these Terms, our Privacy Policy, and our Seller Agreement.

2. Eligibility

To use the Platform you must:

• Be at least 18 years old (or have parental/guardian consent)
• Have the legal capacity to enter into a binding contract under New Zealand law
• Provide accurate, current, and complete registration information
• Not have been previously suspended or removed from the Platform

If you are registering as a seller, you confirm you are carrying on a business or intend to carry on a business in New Zealand.

3. Account Registration & Security

3.1 Account Creation

You are responsible for maintaining the confidentiality of your account credentials. You agree to:

• Provide truthful and accurate information during registration
• Keep your password secure and not share it with others
• Enable two-factor authentication (2FA) or passkey login where available
• Notify us immediately of any unauthorised access to your account

3.2 Account Types

• Buyer accounts: for browsing and purchasing products
• Seller accounts: for listing and selling products/services
• Both: for users who both sell and buy on the Platform

4. Using BlueTika the Right Way

To keep the marketplace fair and safe for everyone, please don't:

• Use BlueTika for anything unlawful
• List fake, stolen, or misleading products
• Try to scam or mislead other users
• Access parts of the platform you shouldn't have access to
• Use bots or scrapers without asking us first
• Claim to be someone you're not
• Use the platform to sell prohibited items

Most people use BlueTika to do the right thing — these rules just help us make sure everyone stays safe.

5. Seller Responsibilities

By listing products or services, sellers agree to:

• Provide accurate, complete, and truthful product descriptions
• Set competitive and fair pricing
• Fulfil all orders within a reasonable timeframe
• Process payments through Stripe and honour all transactions
• Provide responsive customer service to buyers
• Handle returns and refunds in compliance with the Consumer Guarantees Act 1993
• Display the "Powered by BlueTika.nz" branding on their storefront (unless they have a Premium URL plan)
• Comply with all applicable NZ laws, including the Commerce Act 1986 and Fair Trading Act 1986

6. Prohibited Products & Services

The following are prohibited on BlueTika:

• Illegal goods or services under NZ law
• Weapons, ammunition, or military equipment
• Drug-related paraphernalia or substances
• Animal products regulated by the Wildlife Act 1953
• Counterfeit or grey-market goods
• Adult content or services
• Financial services or securities trading
• Stolen or fraudulent goods
• Items infringing intellectual property rights
• Used car seats, helmets, or other safety-critical used goods that cannot be verified as safe

7. Payments & Fees

7.1 Commission Policy

BlueTika charges 0% commission on sales. You keep 100% of your sale price. We are financially supported through our premium subscription plans (Silver, Gold, Platinum).

7.2 Processing Fees

Stripe payment processing fees apply to all transactions. Sellers are responsible for these fees. The exact rate is displayed at checkout.

7.3 Subscription Plans

• Silver (Free): Basic storefront, up to 50 products
• Gold (Local Kiwi): Premium templates, up to 250 products, bulk import/export
• Platinum (Global Business): Full POS, up to 500 products, advanced analytics, priority support

Subscription fees are charged monthly. You may cancel at any time — cancellation takes effect at the end of your current billing period.

7.4 Wallet & Notifications

BlueTika provides a wallet system for sellers to manage marketplace credits. The wallet may be used exclusively for the following marketplace services:

• Subscription payments — monthly fees for Gold or Platinum store plans
• Bidding — placing bids on premium URLs, keyword auctions, and Grand Sale events
• Email notifications — sellers may opt in to receive email notifications (order placed, order shipped, order delivered, order pickup ready) at a cost of $0.01 (one cent) per notification, deducted from wallet balance
• Premium URL leases — acquiring or renewing premium URL slots

Wallet restrictions:

• Wallet credits cannot be used for peer-to-peer transfers between users
• Wallet credits cannot be used to buy or sell goods between users outside the platform
• Wallet credits cannot be exchanged for cash or refunded
• The minimum top-up amount is $5.00 NZD — amounts below this will be rejected
• All top-ups are non-refundable once processed
• If your wallet balance is insufficient, email notifications will not be sent — but your orders and sales are unaffected
• Sellers may configure which notification types they receive via their dashboard settings. Notifications can be toggled on or off at any time

By topping up your wallet, you acknowledge that the funds are intended solely for marketplace services and are non-refundable.

8. Cancellation & Refund Policy

8.1 Subscription Cancellation

You may cancel your subscription at any time via your account settings. Cancellations take effect at the end of the current billing cycle. No refunds are provided for partial billing periods.

8.2 Refund Rights

All refund rights are governed by the Consumer Guarantees Act 1993 and Distance Transactions Regulations 2023. Key rights include:

• Right to a full refund if goods are of unacceptable quality
• Right to return goods within 20 business days of purchase (Distance Transactions Regulations)
• Right to a replacement or repair for faulty goods
• Sellers must accept returns for items not matching their description
• Change-of-mind returns are at the seller's discretion (not required by law for second-hand goods)

8.3 Dispute Resolution

If a buyer and seller cannot resolve a dispute directly, either party may open a dispute through BlueTika. Our dispute team will review evidence from both parties and make a binding decision within 14 business days.

9. Intellectual Property

BlueTika and its licensors own all intellectual property rights in the Platform, including text, graphics, logos, icons, images, software, and the "BlueTika" name and logo. You may not reproduce, distribute, or create derivative works without our written permission.

Sellers retain all intellectual property rights in their product listings and content. By listing products, you grant BlueTika a non-exclusive licence to display and use your content solely for the purpose of operating the Platform.

10. User Content & Licensing

By submitting content (listings, images, reviews, messages) to the Platform, you:

• Represent that you own or have the right to share the content
• Grant BlueTika a worldwide, non-exclusive, royalty-free licence to display, distribute, and modify the content for Platform operations
• Agree not to submit content that is defamatory, obscene, or infringing

11. Disclaimers & Limitation of Liability

THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. BlueTika disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

To the maximum extent permitted by law, BlueTika shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, goodwill, or other intangible losses
• Any transaction between a buyer and seller (these are governed by the Sale of Goods Act 1908 and Consumer Guarantees Act 1993)
• The accuracy or reliability of any user-generated content

BlueTika's total liability shall not exceed the amount you paid us in the 12 months preceding the claim.

12. If Things Go Wrong — Dispute Resolution

These Terms are covered by New Zealand law. If a dispute comes up, please try our internal resolution process first — most issues can be sorted out without legal action.

13. Account Suspension

We may suspend or close your account if you:

• Break these rules or any relevant law
• Mislead or act dishonestly toward others
• Get multiple genuine complaints from other users
• Don't respond to our reasonable requests

If this happens, we'll explain why and give you a chance to respond. You can request your data be deleted afterward (we're legally required to keep transaction records for 7 years).

14. Changes to These Terms

We may amend these Terms from time to time. Material changes will be communicated via email or prominent notice on the Platform. Continued use of the Platform after changes constitutes acceptance of the new Terms.

15. Contact Us

BlueTika Limited
Email: hello@bluetika.nz
Address: Auckland, New Zealand
Phone: [To be added]