^1. Pac Mart Limited is a company offering Marketing and Negotiating Tools enhancing a sale of a product or service, focussing mainly on the islands and regions within the Pacific Rim. As each region differs in government control and policies our attempt is to make this website safe and secure for all its members. We expect all members to treat the site and its members with the utmost integrity.

TERMS AND CONDITIONS

This Website User Agreement ("Agreement") sets out the terms and conditions for all members who wish to register and/or use the services under the Website of Pac Mart Limited. All registered members ("Users") must use the services of the Website provided by Pac Mart Limited subject to the terms and conditions set forth. If a User does not agree with the terms and conditions of this Agreement then the User must not use this Website.

Acceptance of the Terms and Conditions of the Agreement:

By accepting this agreement the User agrees to abide by the terms and conditions of this Agreement.

Eligibility Conditions

The User must be 18 years old and over.

Registering Terms

• The User is required to register a contact address or postal address or both. Fax and telephone numbers are optional.
• The User is required to have an email address for internal communications with Pac Mart Limited only.
• The User is not permitted to display his/her email address on your feature page or the Website linking pages in any form and any form of communication on the Website.
• In the event that the User does not have an email address you the User are exempted but you will not be able to receive newsletters from Pac Mart Limited.
• If the User does not have access to an Internet connection the User may contact us with their details by mailing it to: Registrations, Pacmart Ltd, PO Box 41330, St Lukes, Auckland New Zealand.
• The User may join for free on the condition that you the User will be an active member for buying and selling on the website. The User's account will be removed after a period of inactiveness (period to be decided by Pac Mart Limited). The User is permitted to browse through the website without having to register and still be able to have access to the member's postal addresses.
• Any information that the User submits to Pac Mart must be accurate and identifies the User as the person that is registered. Any false declarations will result in the User's membership being removed and banned from using the website.

Security

Pac Mart Limited extends its services to People in rural and remote areas of the Pacific exposing their services and products to the world. Some of these people do not have access to an Internet connection and for this reason full postal and location addresses are required. By doing so the User's listed address is a form of security assuring others that you are genuine and a serious trader. To upgrade to a paying feature page the User may have options not to display their physical address but may hinder the trust of others. In the event that Pac Mart Limited decides otherwise, in the matter of amending this clause, Pac Mart Limited will not take responsibility for any inconvenience incurred by this clause.

Any other personal information or communications to us that you did not publish in your advertisement that you have given us will remain private.

Auction and Tenders

• When using the Auction and Tender tools of negotiation the User must submit a genuine bid or offer and will take responsibility when it is completed. Auction and Tenders sites are to be treated with respect and honesty at all times. Pac Mart Limited will not accept any false bidding or false tenders lightly. Your account will be removed. Be considerate and think of other people's well being when trading.
• When using Auction and Tenders it is the User's responsibility to ascertain from either party, in good faith, that the products in trade are to your satisfaction.
• On completion of an Auction or Tender the two parties involved will take full responsibility for the closure of the transaction and shipping arrangements. Transfer of money and receiving of goods is not Pac Mart Limited's responsibility.
• The use of any stolen credit cards will immediately result in cancellation of the User's membership.
• Executing or selling stolen goods on the website is not permitted.
• The sale of any illegal items is not permitted.
• The sale of any firearms is not permitted.
• To trade any endangered living creature or items is not permitted.
• Pac Mart Limited has sole discretion to decide what items, products, services that cannot be sold on its website.
• Adult Products are to be sold without photos and must be listed under the appropriated category. Failing to do so, the user will be banned from the website. You have to be of 18 years of age to access this category.
• The User must not bid on his or her own auction.
• The User must not submit a Tender on his or her own Tender.

Conduct Requirements

The use of any unlawful, libelous threats, obscene, offensive or defaming language is prohibited.

• The User agrees to use the website lawfully and be solely responsible for the contents of your private and public communications transmitted through the website.

Indemnity

• The User agrees to indemnify and hold Pac Mart Limited, its officers, directors, employees, agents and suppliers from against all losses, expenses, costs and damages resulting in the User breaching the terms of this Agreement.

Payment and Currency

• All payments to Pac Mart Limited are in New Zealand currency and any linking websites of Pac Mart Ltd are all in New Zealand currency (www.pacmart.com)

Pac Mart Ltd Fees

1. Registration is FREE which will give you a basic listing consisting of:
   • 1 logo or 1 photo and
   • A description no longer than 250 characters of your product or services
   • Contact the listed members by email or post, telephone or fax
   • Place a bid on any item for auction
   • Respond to a tender
2. If you choose a feature page (the SERIOUS TRADER) this will cost you in subscription packages of:
   • 3 months for NZ$29.85
   • 6 months for NZ$47.70
   • 12 months for NZ$65.00
   • An option of up to 5 photos and your logo
   • A description of your product or services
   • A choice of 3 multi categories of your product or services
   • The option of using tool bars to enhance colour and designing for your product and services
   • The option of establishing a link to your own website
3. If you choose to just run an auction the costs are:
   • 1 Auction NZ$5.00
   • 10 Auctions NZ$40.00
   • 20 Auctions NZ$70.00
   • 40 Auctions NZ$110.00
4. If you choose to run a tender the costs are:
   • 1 Tender for NZ$49.00
   • 10 Tenders NZ$325.00
   • 20 Tenders NZ$450.00

For all other advertising on the website the price would need to be negotiated including flash advertising on the home page.

Pac Mart Limited's Policy on Refunds:

There are no refunds. Once the User purchases a product from the website the policy of Pac Mart Ltd is there are no refunds.

Termination

• This Agreement can be terminated by the User or Pac Mart Limited without notice, however, provisions under paragraphs headed "Conduct Requirements" and "Disclaimer of Warranties" and "Indemnity" survives termination of the agreement.

Disclaimer of Warranties

• The User agrees that the use of the Website is at the User's sole risk. The services are provided on an "as available basis".
• The User agrees that Pac Mart Limited makes no warranty that any goods or services purchased or obtained through or from the services of any transactions on the Website.
• Pac Mart Limited expressly disclaims all warranties of any kind, express or implied, not limited to implied warranties of merchantability, fitness for a particular purpose.