Terms of Use

IN THE PRIVATE

GLOSSARY OF TERMS

ARC of the Covenant - This is the energy exchange of our members, subscribers, users in social agreement with the terms of this divine covenant. 

​AU - This is the symbol of gold and it represents authority and means "me" or "I" in the Maori / Mauri language. The hue-man race hold the spirit (mauri) of energy exchange, therefore they are the gold standard of authority.

Body Corporate – When you’re buying a town house or apartment and the title is a ‘unit title’, there is a legal entity that makes arrangements for maintenance of common areas and helps resolve any disputes. They are called the Body Corporate.

Certificate of Title (CT) – The CT is housed at Land Information New Zealand (LINZ) and records all the legal interests in the land. When you buy a property, your lawyer will register a transfer of the land to you and your name will be recorded as the owner on the Certificate of Title.

Chattels - The items in a house that are included as part of the sale, e.g. curtains and white-ware.

Commission – The fee a seller pays to an agent when the house sells.

Conditional agreement – This is a negotiated sales and purchase agreement that is subject to conditions, e.g.  Finance or a legal review.

Covid 19 - This is the abbreviation for Certificate Of Vaccination IDentification (19 = AI) Artificial Intelligence. (Bio-Weapon)

Credit-Euro - This is our own private medium of exchange based on energy exchange current-see of the members in agreement (Arc of the Covenant). It has a bench-mark (CPI) value equivalent to the euro dollar only by the agreement and acceptance of our members. We do not purport to be dollars or currency. When the euro dollar fiat currency loses value or becomes obsolete or the elite banking cartel crashes the system and it's value of money (fiat currency), the bench mark (CPI) value of our internal credit-euro will become equivalent to 1 gram of gold to 1 credit-euro (known also as ₠ credit exchange) by the social tacit agreement of our gold standard of authority members, in divine covenant from within and the (mauri) spirit of energy exchange between each member of the alliance.

Cross lease title – This generally applies to town houses and flats, when all the owners share ownership in a section of the land.

Easement – This means someone else has to use your property for a particular purpose, e.g. to use a drain on your property.

Equity – If the value of your property is more than how much you owe, the difference between the two is referred to as ‘your equity’.

Fixtures and fittings – These are the items attached to a house which cannot be removed when the seller leaves. See chattels.

Freehold – This is ownership of the land and the house with no restrictions on your ownership rights, apart from those covered by laws or regulations.

Government Valuation (GV) Home loan agreement – See rateable valuation.

Instalments – Your weekly, fortnightly or monthly payments of principal and/or interest off your loan.

Home loan agreement – This is the agreement that outlines the value and terms of the loan, e.g. the interest rate, repayments and how often these are made.  

Insurance certificate – This is the certificate that is issued by your insurer and confirms the assets you have covered and the maximum amount that can be paid out in the event of a loss.

Interest – This is the amount you pay the lender for your loan and it’s a percentage of the amount you borrow.

Fixed interest rate – This is when the interest rate and repayments are fixed for a set period, e.g.  Fixed at 5% for 2 years.

Floating or variable interest rate – In this case the interest rate can change depending on market conditions, e.g.  Floating rate at 5% for 2 years.

Land registration fee – The fee you pay to Land Information New Zealand to record the transfer of the land to you.

Land Information Memorandum (LIM) – The council document that records all information they hold about the property.

LINZ – This is Land Information New Zealand, the government department that holds the land registration records.

Legally binding – This means the terms of the agreement can be enforced by law.

Market value – This is the price a house is likely to sell for.

Mortgage – A loan to finance the purchase of the house

Mortgagee – This is the bank or funding agency that loans you the money to buy the house.

Mortgagor – This is you, the person who has borrowed the money.

Owner - This is you, the person who has full autonomy over unemcumbered property and chattels. If you create, you own. He who creates, owns as long as no other person has any private/public interest.

Principal – The initial amount you borrow.

Pledge - a solemn promise or undertaking.

Rateable Valuation (RV) – The estimated value of the property for rating purposes.

Rates – The fees you pay to the council for their services.

Right of way – If you share a driveway with a neighboring property, then the rights to do this is called a ‘right of way’. 

Sale and Purchase Agreement – The legal documents that records the agreement between the buyer and seller and is legally binding when it has been signed by both parties.

Table loan – The repayments on the loan are the same for the life of loan, assuming there is no change to the interest rates.

Unconditional agreement – This is a legally binding agreement that has no conditions.

TERMS OF USE
 
Note: Translated versions of our Terms Of Use are offered only for informational purposes, and may not always be up-to-date. In case of disagreement between the English and any translated versions of this document, the Maori Customary version or Sovereign Customary Lore and Biblical Counsel will be the one considered valid and definitive.
 
Welcome to our website - Thank you for visiting.
 
It is important to us that you, and our other visitors, have the best possible time while using our site, and that when you use this site you are fully aware of our respective legal, lawful rights and obligations. For that reason, we have created these Terms of Use as the legally binding terms to govern your use of this site. Please read these Terms of Use carefully before using the site because they affect your legal and lawful rights and obligations.
 
This agreement ("agreement") is a legal agreement covering the provision of the website services ("service" or "services") by Global Advertising Internet Network Foundation, GAIN ("GAIN", “gain2unetwork”. “GAIN”, “GAIN2U” GAIN2UMATRIX or "us" or "our" or "we") to you as an individual ("you" or "your"). Your use of the services will be governed by this agreement, along with the website privacy policy and disclaimer(s). Please read this agreement carefully before using this website. By using the service, you agree to become bound by the terms and conditions of this agreement.
 
You’re Acceptance of Terms
 
If you do not agree with any of these Terms of Use please do not use this site, because by using this Site you will be deemed to have irrevocably agreed to these terms. Please note that these Terms of Use may be revised and reissued without notice at any time. You should visit this page regularly to review the current Terms of Use, since your continued use of the site will be deemed as irrevocable acceptance of any revisions. These Terms of Use were last updated on May 19th, 2021.
 
Allowed jurisdiction
 
Services provided by our website might not be legally allowed in certain jurisdictions, so it is your responsibility to do your own due diligence.
 
How To Contact Us
 
This site is owned and operated by Global Advertising Internet Network Foundation. You can contact us during normal business office hours between 10:00am to 2:00pm except for Saturdays. Please send us any questions, requests or general correspondence by contacting our admin support team on our contact page.
 
You’re Registration
 
To access this site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this site that all the details you provide will be correct, current, and complete. If we at GAIN believe the details are not correct, current, or complete, we have the right to refuse you access to the site, or any of its resources, and to terminate or suspend your account.
 
Online Privacy Notice
 
Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at this site. Scroll down to read the Privacy Statement which forms part of these Terms of Use.
 
Registered Trademarks, Copyrights/Copy Claims and Name Patents
 
This site and all materials incorporated by GAIN are protected by registered copyrights/copy claims, trademarks and name patents, or other proprietary copyrights. Some of the logos or other images incorporated on this site are also protected.
 
You’re Use of Material
 
Your right to make use of this site and any material or other content appearing on it is subject to your compliance with these Terms of Use. Modification or use of the material or any other content on this site for any purpose not permitted by these Terms of Use may be a violation of the Registered Copyright/Copy Claim, Trademark, Name Patent and is prohibited. You may access and display material and all other content displayed on this site for non-commercial, personal, entertainment. The material and all other content on this site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by Global Advertising Internet Network Foundation.
 
Disclaimer of Warranties/Liability
 
Your use of this site is at your own risk. GAIN and all the materials, information, software, facilities, services and other content are provided 'As Is' and 'As Available' without warranties of any kind, either expressed or implied. GAIN does not warrant that the functions contained in this site will be available, uninterrupted or error-free, that defects will be corrected, or that GAIN and its connected websites or the servers that make them available are free of viruses or other harmful components. GAIN does not warrant or make any representation.
 
Limitation of Liability
 
GAIN does not accept any liability for any loss or damage, direct or indirect, resulting from any use of, or inability to use, our website or the material, information, software, facilities, services or other content on GAIN, regardless of the basis upon which liability is claimed and even if GAIN has been advised of the possibility of such loss or damage. Without limitation, you (and not GAIN) assume the entire cost of all necessary servicing, repair or correction in the event of any such loss or damage arising.
 
Messages
 
The materials, information’s and opinions included and/or expressed in or on the messages, feedbacks, advertisements or other pages on this site are not necessarily those of GAIN or its affiliated or related entities or content providers. GAIN is not responsible to monitor or review the messages, feedbacks or advertisements and the content of the messages, feedbacks or advertisements is not the responsibility of GAIN. We may remove or modify any content without notice of liability at any time in its sole discretion. Any use of the messages, feedbacks, advertisements or any other content on this site will be at your own risk and will be subject to the disclaimers and limitations on liability set out above.
 
Submissions, Postings and E-mails
 
GAIN is always interested in hearing from you. It is, however, our policy that we will not accept or consider unsolicited submissions of concepts, stories, or other potential content. Therefore, please do not send GAIN any unsolicited submissions. From time to time, areas on this site may expressly request submissions of concepts, stories, or other potential content from you. Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this site to govern those submissions, since they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms of Use will apply in full to any submissions you make.
 
Please act responsibly when using this site. You may only use this site and its contents for lawful purposes and in accordance with applicable natural law (GODS Lore/Law) and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by GAIN) or privately transmitted on or through this site are the sole responsibility of the sender, not GAIN, and that you are responsible for all material you upload, post or otherwise transmit to or through this site.
 
We at GAIN require that you do not post e-mails or submit to or publish through Forums or otherwise make available on this site any content, or act in a way, which in our opinion: (a) libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening warmongering or offensive; (b) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (c) infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity; (d) violates any law or may be considered to violate any law; (e) you do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement); (f) advocates or promotes illegal activity; (g) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; (h) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on this Site; (i) solicits funds, advertisers or sponsors; (j) includes programs which contain viruses, worms and/or 'Trojan horses' or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; (k) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site; (l) copies any other pages or images on this site except with appropriate authority; (m) includes MP3 format files; (n) amounts to a 'pyramid' or similar scheme other than the affiliate referral and compensation program of this site; (o) amounts to 'data warehousing' (i.e., using any web space made available to you as storage for large files which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us; (p) disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this Site; or (q) contains links to other sites that contain the kind of content, which falls within the descriptions set out at (a) to (p) above. In addition, you are prohibited from removing any sponsorship banners or other material inserted by GAIN anywhere on this Site (e.g., on any web space made available for your use).
 
System Abuse
 
Without limitation, you agree not to send, create or reply to so called mail-bombs (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in spamming (i.e., unsolicited emailing or messaging for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of this site by any other person. You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Site other than the purpose it is meant for.
 
Security
 
Any passwords used for this site are for individual use only. You shall be responsible for the security of your password (if any). GAIN shall be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that GAIN considers insecure, GAIN will be entitled to require this to be changed and/or suspend or terminate your account. You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, GAIN reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
 
Investigations
 
GAIN reserves the right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from any submission, posting or e-mails you make or send to any Forum. GAIN may seek to gather information from the user who is suspected of violating these Terms of Use, and from any other user. GAIN may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If GAIN believes, in its sole discretion, that a violation of these Terms of Use has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. GAIN depending on what type of action or enforcement, may co-operate with any law enforcement authorities or court order requesting or directing GAIN to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.
 
Service
 
GAIN reserves the right to modify or discontinue, temporarily or permanently, all or any part of this site and/or any software, facilities and services on this site, with or without notice, and/or to establish general guidelines and limitations on their use.
 
Third-Party Sites
 
This site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of GAIN, and you acknowledge that (whether or not such sites are affiliated in any way with GAIN) GAIN is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by GAIN or any association with its operators.
 
GAIN cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from GAIN since other sites/stores are owned and operated by independent webmasters/retailers.
 
Jurisdictional Issues
 
Users of GAIN are themselves responsible for making sure they are in compliance with legislation of the jurisdiction they operate in. You are a Non-Government Foundation affiliated to (GAIN) Gain2u Network under the authority of IO Matua Te Runga Rawa our Supreme Heavenly Father, Almighty GOD. You are also affiliated to “The Kingdom House of IO” - "Te Whare Matamuatanga o IO – “Aotearoha Kawanatanga” – “World of Love Governance” and the Holy Triune who is the (USA) Universal Sovereign Authority. There is no other authority above this by “Universal Lore/Law”.
 
Members JOIN on faith.
 
Members who join the GAIN Community Support Network receive a business start-up of 10 Million Digital Credits or (₠) Credit Euro that can be exchanged on real tangible and true intrinsic value of crypto-currencies, products and services. The business start-up is not required to be repaid as it is deemed to be part of a divine inheritance. Please note there is a 10% Tithe on this amount including any items sold or exchanged and any transfers within the system.
 
Trading of this nature requires ALL Members to be in agreement by mutual consent that our (₠) Credit Euro is abundance-based credits that increase in value. When NEW members activate their platinum membership and ad plan subscriptions and start sponsoring New Trading Partners to earn ongoing weekly credit residuals that can be exchanged with tangible products and services, the (ICO) initial credit offering is set at 10,000 to 50,000 up to a Platinum Member which increases weekly.
 
Each (₠) Credit Euro is valued at €1 Euro Dollar based on acceptance of agreement of all members when joining. The external value of the Company would be based on the internal credits and trade values of all products and services within the network.
 
As New Trading Partners join and activate their accounts to start exchanging current-sees, products and services, the value of our credits increase in value, with the (ICO) initial credit offering of up to 50,000 Credits multiplied by the number of active platinum members, multiplied by the number of weeks they have been active. There is no cap on the value of our (₠) Credit Euro. All credits within the system remain in the system at a 1 for 1 value exchange.
 
While members can join without using cash, money or fiat currency within the GAIN Community Support Network with no obligation to repay the business start-up, GAIN is a private group and use of the GAIN e-wallet does have a €240 a year plus GST e-Wallet Fee. We will be growing at a very fast pace as a community and GAIN Admin uses these fees to cover the costs of the entire GAIN technology and daily operations. We are not like the other public centralized market driven crypto-coins you see in the marketplace, we are exclusively private and decentralized and will introduce "Abundance-based" credits into the world, with a mission to End Poverty and Oppression globally.
 
Forced Binary Matrix (if applicable)
 
When Members join they are automatically placed into a 4 x 12 forced binary matrix. For those members who introduce four (4) financially active members (FAM) or more into their frontline support network, they qualify to receive a 10% Deposit for Lease to own Real Estate or a Business Venture when the 4 x 12 forced binary matrix positions are completely filled with subscribers to the platform. More details can be found by reading the (FAQ’s) frequently asked question?, on the website.
 
GAIN2U Network Membership Agreement
 
The formula begins with a membership agreement. All members of GAIN community support network agree that the (₠) Credit Euro shares value will never go down in value; it can only go up in value with the number of members who join. This agreement is hinged on a software program that drives the shares value of GAIN up by the number of members on active trading platinum membership and ad subscriptions that will never be capped, therefore creating wealth and abundance for all participants of the platform.
 
Penalty for Breaking the Membership Agreement
 
All of your GAIN e-wallets will be suspended without warning FOREVER if submitted documentation proves that you are attempting to or have broken the Membership Agreement. All buying and selling of GAIN credits must be done at the Current Price of the (€) Euro Dollar and ONLY Admin can sell any credits externally. Selling GAIN credits at a discount is strictly forbidden and punishment will be swift and without notice given. All packages of GAIN credits sold adding GAIN credits as a gift will also be considered as discounting the price of GAIN and will be punished. Writing an instalment contract is the same as discounting the future price of GAIN credits. Any activity that creates competition between members on the basis of price is some form of discounting. The foundation of the GAIN community support network is the Membership Agreement and we will not allow anyone to discredit it, and have zero tolerance for anyone who attempts too.
 
The Uncapped Price
 
The formula of the Uncapped Price of GAIN (The Company) and its (₠) Credit Euro is 50,000 (€) Euro Dollars multiplied by the total number of Verified Members on active trading platinum membership and ad plan subscriptions within the community, multiplied by the number of weeks they have been active.
The Initial Price
 
We Launched GAIN2U Network on 1st July, 2019 with the Initial Price of 1 (€) Euro Dollar per GAIN (₠) Credit Euro for the first member.
 
The Current Price
 
Internally the current price of items listed will be set at the prices people are willing to pay, creating a fair and competitive market place. Externally, the business Current Price or value of the exchange is determined by the Initial Price to the Uncapped Price and the number of active and verified Platinum Members.
 
The Path
 
The path the Current Price takes from the Initial Price to the Uncapped Price is determined by the verified active members on platinum membership subscriptions participating in ad plan trade and exchange of products and services that measures the average daily increase in value. From the Day of Launch on 1st July, 2019 the Current Price has followed the membership growth and has increased in value. The XLS calculation formula can provide an example by inserting a number of verified members to show how the Current Price will continue to increase in value.
 
Terms and Conditions of Use (“Terms”)
 
IBOA Independent Business Owners Agreement
 
Welcome to the Global Advertising Internet Network (GAIN) and Coffee Outbreak Network Group (CONG) Online Shopping website and thank you for taking the time to read these website Terms which apply with respect to your use of the website and our products and services. It is important that you read these terms and conditions carefully because by using our website, you will be deemed to have accepted the Terms.
 
1. General
 
Global Advertising Internet Network and Coffee Outbreak Network Group are the owners and publishers of the content contained in this website (referred to as "GAIN", "CONG", "our", "us", "we").
 
As a user of this website (referred to as ‘”you” and “your”), you are subject to these Terms, our Privacy Policy, Disclaimers and any other laws or regulations which apply to this website. If you do not accept these Terms, you must refrain from using this website.
 
We reserve the right to revise these Terms from time to time at our discretion. Such revisions will be effective immediately upon publication on this website. By continuing to use this website after such publication, you agree to be bound by these Terms as revised. You should therefore periodically visit this page to determine the current Terms.
 
2. Contract formation
 
The information contained on this website constitutes an invitation to treat and not an offer to supply goods or services to you. When you submit an order to us, you are making an offer to buy those products in accordance with these Terms and in accordance with our then current terms of trade. We reserve the exclusive right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by you, including any order we believe, in our sole judgement, to have been placed fraudulently.
 
3. Information/Content
 
The information contained on this website is intended for general information only. While we endeavor to ensure that information on the website is current and correct, sometimes errors or inaccuracies do occur, for which we apologize.
 
We do not accept any liability, direct or indirect, for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission whether negligent or otherwise, contained on this website. You are solely responsible for the actions you take in reliance on the content on, or accessed, through this website. We reserve the right to make changes at any time and without notice to you, to any element of this website.
 
To the extent permitted by New Zealand law, we make no warranties in relation to the merchantability, fitness for purpose, freedom from computer virus, accuracy or availability of this website or any other website.
 
4. Credits, Products and Services
 
All credits on this website have intrinsic value based on the potential resources of the planet. Member Plans, AD Plans, Products and Services will all be inclusive of any and all costs. Credits are in as seen values. Please note that we reserve the right to alter the prices at any time for any reason.
 
The information in this website has been published by Global Advertising Internet Network and Coffee Outbreak Network Group upon the basis that's relevant to Coffee Outbreak Network Group and Global Advertising Internet Network, GAIN and CONG Online Shopping, will offer the goods for sale until a specified date or until sold, whichever first occurs, at no greater than the advertised prices. No product or service can be deemed sold until full and final settlement of payment is received in our designated Bank Account(s) or the item(s) have been removed entirely from the website (whichever happens first).
 
Prices are subject to change by Global Advertising Internet Network and Coffee Outbreak Network Group, and do not include display accessories, options or delivery. Prices displayed may vary in different regions and different stores. Prices can also vary due to additional cost of sale referred to Lease to own Real Estate and Business Ventures listed below:
a)            Conveyancing Costs.
b)            Lease to own administration fee €1,500.
c)            Valuation at the time of agreement.
d)            Full 5 year Insurance Cover.
e)            €499 listing fee.
f)             2% marketing fee on the purchase price.
g)            Staging Fee and furnished package.
h)            Business viability study and audited accounts with 3 year financials.
i)             Goods and Services Tax (if any).
 
5. Returns Policy
 
Returns
 
A full refund on, we own privately, will be provided to any goods returned to our warehouse or the original owner/supplier, unopened and in their original packaging and within 30 days. Shipping expenses, freight and any delivery charges, in both directions, are not refundable.
 
If the goods you receive are faulty, we will replace those goods if they are returned to our warehouse within 30 days of purchase. Reimbursement for shipping expenses, freight and any delivery charges will be up to the value of the original quoted shipping cost, freight or delivery charges.
 
After 30 days returns and refunds are subject to manufacturer’s warranty.
 
Refunds
 
 
There are NO REFUNDS for Consumer Membership Subscriptions (includes the upfront capital outlay and platform service monthly subscriptions), Advertising Packages, CONG Private Business Tickets and Advertised Goods by members with both Global Advertising Internet Network and Coffee Outbreak Network Group. However you have the right to cancel your membership at any time in writing to gain2u.nz@gmail.com. By cancelling you will lose all entitlement and rewards immediately that are pertaining to that membership.
 
6. Delivery Times
 
We will process your order within 3-5 business days following payment in credits. Please ensure your credit payment is enough to cover shipping, freight, courier, postage charges. In some cases an alternative source of funding maybe required to cover these costs. We will send you an email notifying you when your order has been shipped. Please allow up to 7-14 days for delivery domestically, or up to 3-6 weeks internationally.
 
7. Intellectual Property
 
This website and all intellectual property rights, including graphics, logos, trademarks, copyrights, copy claims, name patents, design, text, icons, the arrangement of them, video and sound recordings and all software relating to this website, are owned by us, or in some cases, a related body corporate or third party, and unless stated, is copyright. These intellectual property rights are protected by New Zealand and International laws.
 
You may view our website and its contents for private and non-commercial use only, and as such this is subject to copyright law and the Copyright Act 1994. You may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialize any information obtained from any part of this website without our prior written permission or, in the case of third party material, from the owner of the copyright in that material.
 
Nothing contained in this website is to be interpreted as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any individual, company or entity. We make no representations or warranties that your use of the information on this website will not infringe such intellectual property rights.
 
8. Other Websites
 
Please note that although this site may have some hyperlinks to other third party websites, these sites have not been prepared by us and are not under the control of us. These links are provided for convenience only and may not remain current nor maintained. We should not be construed as endorsing, approving, recommending or giving preference to these third parties or their websites, or any information, products or services referred to on those third party websites unless expressly stated. You link to these websites at your own risk and should make your own enquiries as to the privacy policies of these third parties or the accuracy of the content on their websites. We are not responsible for information on, or the privacy practices of, such websites. We are not responsible for the availability of any of these links.
 
9. Secure Data
 
Given the nature of the internet, we cannot guarantee that any data transmission is totally secure. Whilst we take precautions to protect information, we do not warrant and cannot ensure the security of any information you transmit to us. You therefore transmit to this website at your own risk. However, once we receive your transmission, we will take reasonable steps to preserve its security. If you become aware of any problems with the security of the data or the website, please contact us immediately by email at gain2u.nz@gmail.com.
 
10. Viruses
 
Given the nature of the internet, we cannot guarantee that this website is free from viruses, fault or other conditions which could damage or interfere with your computer systems, and we do not warrant that your access to this website will be uninterrupted, error free or that any defects will be corrected. You assume the risk of any damage to your property as a result of using this website, and to the maximum extent permitted by law, we disclaim all liability for any errors, omissions and faults.
 
You must take your own precautions to ensure that the process which you use for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
 
11. Cookies
 
We may use a cookie file containing information that can identify the computer you are working from. The cookie file is anonymous as it only gives us details of your IP address, PC platform (Windows, NT or Mac), browser (e.g. Microsoft, Netscape or other, plus the version of Browser) and domain (whether you are accessing the site from NZ or elsewhere).
 
You can choose to refuse cookies by turning them off in your browser and/or deleting them from your hard drive.
 
12. Use of Your Information and Material
 
We appreciate any suggestions ("unsolicited ideas") you may have regarding ways in which this website may be improved or materials which we may add to this website. Any unsolicited ideas that you submit to us will not be regarded as confidential and will become our property. We may use, reproduce, disclose, publish, modify, adapt and transmit them to others, without restriction or any obligation to compensate you.
 
13. Privacy Policy
 
We are committed to protecting your privacy. We recognize that your private information is confidential and we understand that it is important for you to know how we treat your private information. In saying this, your public profile is on public display for other members to view to ensure you are a trusted trader.
 
The privacy of your customer data, orders and purchases are important to us. We will not disclose or sell your customer data to any third party. We will only send you email newsletters if you explicitly opt in.
 
 
Please read our Privacy Policy for more information.
 
14. Disclaimer
 
We make no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products, services included in this website or to its availability, functionality or performance, except as otherwise provided under any applicable law.
 
We do not, nor do our officers, employees, agents and other representatives accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside our control), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this website. To the maximum extent permitted by law, we disclaim any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website or the information that it contains.
 
The use of the information on this website is at your own risk. To the extent permitted by law, we exclude all liability of us, our officers, employees, agents and other representatives in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this website or provided through this website through email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims. If any liability is not able to be excluded by law, we limit our liability to the re-supply of the relevant information or services.
 
You agree to indemnify us, our officers, employees, shareholders, agents and other persons involved in the creation of this website from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide to us via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark, copyright, copy claim, name patent infringement and breaches of the Fair Trading Act 2012.
 
15. Consumer Guarantees Act
 
Nothing in these Terms of Use is intended to avoid the provisions of the New Zealand Consumer Guarantees Act 1993 (“CGA”) except to the extent permitted by the CGA or to exclude liability arising under any other statute, if and to the extent that such liability cannot be lawfully excluded, and these Terms shall be modified to the extent necessary to give effect to that intention. If you are acquiring goods or services from us, for the purposes of a business, you agree that the guarantees provided in the CGA shall not apply. We do not provide any express guarantees (as that term is defined in the CGA) other than those expressly confirmed in these Terms.
 
16. Electronic Transactions Act
 
You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002. You consent to receiving electronic messages and information sent by us (or on our behalf) for any purposes described in our Privacy Policy. You agree, pursuant to section 11(2) of the Unsolicited Electronic Messages Act 2007, that the person sending any such message need not include a functional unsubscribe facility in that message.
 
17. Applicable laws
 
This website and these Terms shall be governed by, and construed in accordance with, the laws of New Zealand and the Supreme Courts of New Zealand shall have non-exclusive Sovereign Natural Lawful Jurisdiction to hear and determine any dispute arising in relation to this website or these Terms. You irrevocably and unconditionally submit to the non-exclusive Sovereign Natural Lawful Jurisdiction of the Supreme Courts of New Zealand and agree that the Supreme Courts of New Zealand are a convenient forum in which to resolve any dispute arising in relation to this website or these Terms.
 
The information contained on this website has been prepared in accordance with New Zealand Natural law and may not satisfy the laws of any other country. We make no representations, warranties, or guarantees as to whether or not the information or products available from this website are appropriate or available for use in other countries. If you choose to access this website from outside New Zealand, you are responsible for compliance with applicable local and international law that is the natural law of GOD.
 
18. Severability
 
If any provision of these Terms is found to be invalid or unenforceable by a court of natural law, such invalidity or unenforceability will not affect the remainder of the Terms, which will continue in full force and effect.
 
19. Changes to these Terms/General
 
We may, from time to time, add or remove information, products or services from this website without notice.
 
We reserve the right to amend these Terms at any time without notice, and we may suspend or terminate your access to this website at any time without notice. Your continued use of this website following such notification will represent an agreement by you to be bound by the Terms as amended. Where your access to this website is suspended or terminated, all disclaimers and limitations of liability set out in these Terms will survive.
 
Reference to "website" means the whole or any part of the web pages located on this webpage (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content).
 
Terms of Use (In-depth)

Welcome to www.godzonecreditexchange.comwww.gain2unetwork.comwww.gain2umatrix.comwww.gain-global-trader.com and www.nzcong.com, the website and online service of Global Advertising Internet Network (GAIN) and Coffee Outbreak Network Group (CONG) ("GAIN", "CONG," "we," “our” or "us"). This page explains the terms by which you may use our online and/or mobile services, web site, and software provided on or in connection with the service (collectively the "Service"). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement ("Agreement"), whether or not you are a registered user of our Service.

We reserve the right to amend this Agreement at any time by notifying you as provided in this Agreement, provided that no notice shall be required for non-substantive changes to the Agreement. If we substantively amend this Agreement, we will give you at least seven (7) days’ notice before the changes take effect, during which period of time you may reject the changes by terminating your account. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service ("Users").

1. USE OF OUR SERVICE.

1. Eligibility

You may use the Service only if you can form a binding contract, agreement or covenant with GAIN and CONG, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 must be accompanied by a signed Parent Consent Form by a legal Guardian or Parent who agrees to the terms of this Agreement. The Service is not available to any User previously removed from the Service by GAIN and CONG.

2. Member Accounts

Your GAIN and CONG account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a GAIN and CONG account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity's behalf. By connecting to GAIN and CONG with a third-party service or installing a GAIN and CONG application on a third-party service, you give us permission to access and use your information from that service as permitted by that service and, if applicable, to store your log-in credentials for that service.

You may never use another User's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify GAIN and CONG immediately of any breach of security or unauthorized use of your account. GAIN and CONG will not be liable for any losses caused by any unauthorized use of your account. You may control your User profile and how you interact with the Service by changing the settings in your [name settings page]. By providing GAIN and CONG your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service, special offers, newsletters, events, updates and correspondence related to business matters. If you do not want to receive such email messages, you may opt out or change your preferences in your [name settings page]. Opting out may prevent you from receiving email messages regarding updates, improvements, correspondence or offers.

3. Service Rules

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the GAIN and CONG servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that GAIN and CONG grants the operators of public search engines revocable permission to use spiders to copy materials from www.godzonecreditexchange.comwww.gain2unetwork.comwww.gain2umatrix.comwww.gain-global-trader.com and www.nzcong.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service, except as expressly permitted by the Service features; (viii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (ix) interfering with the proper working of the Service; (x) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xi) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

You are solely responsible for your interactions with other GAIN and CONG Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. GAIN and CONG shall have no liability for your interactions with other Users, or for any User's action or inaction.

You are bound to introduce a minimum four to ten (4 to 10) new financially active members within the first month of joining the gain2umatrix and/or gain2unetwork and 1 new financially active member to join us thereafter, every month or 12 people accumulating per year and to ensure that your advertising fees, service fees, monthly subscriptions, dues to GAIN and CONG are up to date and paid on time without default. We reserve the right to cancel and stop without notice and without refund any monthly recurring reward if the before is not upheld by any member and we also reserve the right to terminate any membership with continual abuse of these terms. 

2. USER CONTENT.

Some areas of the Service allow Users to post content such as profile information, comments, questions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service "User Content"). You retain ownership of your User Content.

You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, natural man or womb-man or to any animal; (ii) may create a risk of any other loss or damage to any person, natural man or womb-man or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal or unlawful (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity and privacy. GAIN and CONG reserves the right, but is not obligated, to reject and/or remove any User Content in its sole discretion.

For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright/copy claim rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

In connection with your User Content, you affirm, represent and warrant the following:

1. You have the written consent of each and every identifiable natural person, natural man or womb-man in the User Content to use such individual's name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.

2. Your User Content and GAIN and CONG's use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.

3. GAIN and CONG may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

4. To the best of your knowledge, all you’re User Content and other information that you provide to us is truthful and accurate.

3. USER CONTENT LICENSE GRANT

By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to GAIN and CONG a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed. You agree that this license includes the right for GAIN and CONG to make your User Content available to others for the publication, distribution, syndication, or broadcast of such User Content on other media and services.

4. END USER LICENSE GRANT

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable, license to use the Service as it is provided to you. GAIN and CONG reserves all rights not expressly granted herein in the Service and the GAIN and CONG Content (as defined below). GAIN and CONG may terminate this license at any time for any reason or no reason.

5. OUR PROPRIETARY RIGHTS

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, name patents, trademarks, service marks, copyrights, copy claims, photographs, audio, videos, music, and User Content (the "GAIN Content", "CONG Content"), and all Intellectual Property Rights related thereto, are the exclusive property of GAIN and CONG and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the GAIN and CONG Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited. Any feedback, comments, or suggestions you may provide regarding GAIN and CONG or the Service are entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

6. NO PROFESSIONAL ADVICE

If any aspect of the Service provides professional information (for example, medical, legal, or inheritance), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from an individual who is licensed and/or qualified in the applicable area.

7. PRIVACY

We care about the privacy of our Users. By using the Service, you are consenting to have your personal data collected, used, transferred to and processed in New Zealand.

8. SECURITY

We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes, especially in public profiles. You acknowledge that you provide your personal information at your own risk.

9. DMCA NOTICE

Since we respect artist and content owner rights, it is GAIN and CONG's policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA").

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify GAIN’s and CONG's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Service;
4. Information reasonably sufficient to permit GAIN and CONG to contact you, such as your address, telephone number, and, e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice, GAIN and CONG
Email: gain2u.nz@gmail.com
 
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.

Please note that this procedure is exclusively for notifying GAIN and CONG and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with GAIN and CONG's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal and lawful advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, GAIN and CONG has adopted a policy of suspending and terminating, in appropriate circumstances and at GAIN and CONG's sole discretion, members who are deemed to be repeat infringers. GAIN and CONG may also at its sole discretion limit access to the Service and/or suspend or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

10. THIRD-PARTY LINKS

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by GAIN and CONG. GAIN and CONG does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and GAIN and CONG's Privacy Policy do not apply to your use of such sites. You expressly relieve GAIN and CONG from any and all liability arising from your use of any third-party website, service, or content. Your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that GAIN and CONG shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

11. INDEMNITY

You agree to defend, indemnify and hold harmless GAIN and CONG and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of New Zealand or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party's access and use of the Service with your unique username, password or other appropriate security code.

12. NO WARRANTY

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GAIN AND CONG OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY. WITHOUT LIMITING THE FOREGOING, GAIN AND CONG, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

GAIN AND CONG DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GAIN AND CONG SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND GAIN AND CONG WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

13. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GAIN AND CONG, ITS AFFILIATES, AGENTS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL GAIN AND CONG BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GAIN AND CONG ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL GAIN, CONG, ITS AFFILIATES, AGENTS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO GAIN AND CONG HEREUNDER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF GAIN AND CONG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Service is controlled and operated from its facilities in New Zealand. GAIN and CONG makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable New Zealand and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by New Zealand, or are a foreign person or entity blocked or denied by New Zealand government in relation to Aotearoha Kawanatanga – World of Love Governance of Te Whare Matamuatanga o IO – The Kingdom House of IO, GOD Almighty, Supreme Source. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located throughout the world.

14. ASSIGNMENT

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GAIN and CONG without restriction.

15. GENERAL

1. Governing Law

You agree that: (i) the Service shall be deemed based in New Zealand; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over GAIN and CONG, either specific or general, in jurisdictions other than New Zealand. This Agreement shall be governed by the internal substantive laws of New Zealand, without respect to its conflict of laws principles of natural law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between you and GAIN and CONG that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction of natural law located in New Zealand, unless submitted to arbitration as set forth in the following paragraph.

2. Arbitration

For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than 10,000 CREDITS only, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction of natural law.

3. Notification Procedures

GAIN and CONG may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by GAIN and CONG in our sole discretion. GAIN and CONG reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. GAIN and CONG is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add gain2u.nz@gmail.com to your email address book to help ensure you receive email notifications from us.

4. Entire Agreement/Severability

This Agreement, together with any amendments and any additional agreements you may enter into with GAIN and CONG in connection with the Service, shall constitute the entire agreement between you and GAIN and CONG concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction of natural law, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

5. No Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and GAIN and CONG's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Please contact us with any questions regarding this Agreement.
  
1. TERMS AND CONDITIONS

Welcome to Global Advertising Internet Network and GAIN Global Trader, our own online trading community. These terms and conditions are intended to help keep Global Advertising Internet Network and GAIN Global Trader a safe place to trade.

1.1 Acceptance of terms and conditions: The terms and conditions are the terms on which Global Advertising Internet Network and GAIN Global Trader offers you access to the Services and the Website. By registering as a member of Global Advertising Internet Network and GAIN Global Trader you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Services.

1.2 Amendment of terms and conditions: As Global Advertising Internet Network and GAIN Global Trader operates in a changing commercial, technological and regulatory environment, we may amend these terms and conditions from time to time. Unless otherwise stated, amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended.

These terms and conditions were last updated 19 May, 2021.

1.3 Terminology: In these terms and conditions, the following expressions have the meanings set out:

'item', 'items' means goods or property or services that may be bought or sold through the auction or classified process;
'member' means a registered member of Global Advertising Internet Network and GAIN Global Trader;
'Member Service(s)' means a trade or business service that has been advertised by a Global Advertising Internet Network and GAIN Global Trader member in the Services Category;
'Services' means any one or more of the services offered by Global Advertising Internet Network and GAIN Global Trader from time to time, including online auctions, classifieds, message boards, sms alerts and any other service that Global Advertising Internet Network and GAIN Global Trader may offer;
'Services Category' means the category on the Global Advertising Internet Network and GAIN Global Trader homepage where members can list services;
'we', 'us' and 'our' are a reference to Global Advertising Internet Network and GAIN Global Trader;
'you' and 'your' are a reference to you;
'Website' means any Global Advertising Internet Network and GAIN Global Trader website through which the services are offered;
'listing' means a listing on the Website through which you offer, negotiate, buy, sell, trade, exchange, barter or advertise any item, service or job, whether by auction or classified;
'seller' includes any person placing a listing.
2. SPECIFIC WARNINGS

2.1 The Services: Global Advertising Internet Network and GAIN Global Trader provides a venue to introduce members who want to buy and sell items or to advertise and find jobs and Member Services. Global Advertising Internet Network and GAIN Global Trader does not take any part in the sale of items other than by providing our Website as a venue for members. If a bid is accepted by a seller, a contract of sale will be formed between the buyer and the seller directly. We do not act as agent for either party and do not participate in any sale or transaction between you and other members, including where you use the credit card service. If you use the credit card service, we simply pass on payments made by one member to another. As a result, even though some of the Services are being referred to as an auction, Global Advertising Internet Network and GAIN Global Trader is not an auctioneer (whether under the Auctioneers Act 1928 or otherwise). Global Advertising Internet Network and GAIN Global Trader also provides a Services Category venue where members can be connected with trades people and service providers. Restrictions for using the Services Category are outlined in the Member Services Category Policy. 
 2.2 At your own risk: Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that Global Advertising Internet Network and GAIN Global Trader takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretenses or who attempt to defraud you. Global Advertising Internet Network and GAIN Global Trader gives no undertakings, representations, or warranties in relation to items sold or listed on the Website, or Member Services advertised or offered through the Services Category including:
a) about ownership of any item;
b) as to the content, safety, description, worthiness, quality, or legality of the items or Member Services that are listed on the Website;
c) as to the accuracy or truth of listings;
d) that any item, or Member Service listed in the Services Category, will meet your requirements or expectations; or
e) about the ability of members to complete a transaction, including credit card transactions.
f) about the delivery services, times, date, which service provider and any logistic details.
2.3 Disclaimer: You expressly understand and agree that:
a) your use of the Services is at your sole risk. The Website and Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting clause 2.2, Global Advertising Internet Network and GAIN Global Trader disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
b) where Member Services are offered in the Services Category, Global Advertising Internet Network and GAIN Global Trader disclaims and excludes liability for any guarantees that a Member Service will be carried out with reasonable care and skill, fitness for a particular purpose, time of completion or price for the provision of a Member Service;
c) Global Advertising Internet Network and GAIN Global Trader does not warrant that i) the Services provided will be uninterrupted, timely, secure, or error free, or ii) that any information (including feedback) provided on the Website is error-free or reliable;
d) no advice or information that is obtained by you from Global Advertising Internet Network and GAIN Global Trader or anyone else shall create any warranty by Global Advertising Internet Network and GAIN Global Trader that is not expressly stated in the terms and conditions; and
e) responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute Global Advertising Internet Network and GAIN Global Trader's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
f)  while Global Advertising Internet Network and GAIN Global Trader may facilitate payment for some items by credit card, Global Advertising Internet Network and GAIN Global Trader is in no way involved in the transaction itself, and responsibility for any refund rests with the seller.
g) while Global Advertising Internet Network and GAIN Global Trader has systems in place to reduce the risk of credit card fraud, Global Advertising Internet Network and GAIN Global Trader is not responsible for protecting members from credit card fraud. Global Advertising Internet Network and GAIN Global Trader's fraud protection systems may from time to time block legitimate credit card payments. In these cases payment will need to be made by other means.
2.4 Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Global Advertising Internet Network and GAIN Global Trader to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, another Member's acts or omissions, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Global Advertising Internet Network and GAIN Global Trader's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.

2.5 Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction, your use of Global Advertising Internet Network and GAIN Global Trader's message boards, your sale or attempted sale of an item prohibited under clause 4.2(e), or arising out of any content or item you submit, post, transmit, or make available through the Services.

2.6 Breach: Without limiting any other rights and remedies available to Global Advertising Internet Network and GAIN Global Trader, Global Advertising Internet Network and GAIN Global Trader may limit your activities on the Website, remove your bids, listings or other content, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our Services to you if you breach these terms and conditions or where Global Advertising Internet Network and GAIN Global Trader considers it appropriate.

2.7 Additional rules: In addition to the terms and conditions set out in this document, the Banned and Restricted Items list, Listing Policies, Job Listing Policies, and Member Services Category Policy form part of these terms and conditions.
3. BECOMING A MEMBER

3.1 Becoming a Member: Becoming a member is simple. You may only register as a member if you are resident in an internationally recognized country (unless specifically authorized by us in writing) and can form a lawfully binding contract that is enforceable against you. There is an age limit to join us and you must be at least 18 years old to enter any lawful contract. By registering as a member, you warrant that you can form a lawfully binding contract or that your parents or guardian have given you permission too if you are under this age limit. If it is the later, then the parents or guardian are deemed to be your guarantor(s) of any lawfully binding contract.

3.2 Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by Global Advertising Internet Network and GAIN Global Trader to ensure it is kept current at all times. Global Advertising Internet Network and GAIN Global Trader may phone or mail you to verify these details. You must not register as a member under multiple identities or personas (whether false or not). However, at Global Advertising Internet Network and GAIN Global Trader's discretion, you may create a business membership in addition to your personal membership.

3.3 Termination of membership: Global Advertising Internet Network and GAIN Global Trader reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, Global Advertising Internet Network and GAIN Global Trader may terminate your membership if a serious complaint or multiple complaints are received about you from other members, if you are proven to commit a serious criminal offence, if you breach these terms and conditions, if you impersonate another member, or if we, at our sole discretion, deem your behavior to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled. In the event of termination, you also agree that you will not open or attempt to open any new Global Advertising Internet Network and GAIN Global Trader memberships. You may at any time close your Global Advertising Internet Network and GAIN Global Trader membership by giving us three days' notice in writing. If you close your membership, or if it is terminated by Global Advertising Internet Network and GAIN Global Trader, your ability to use the Global Advertising Internet Network and GAIN Global Trader website will end. To the extent that you continue to access the site, clauses 2.2-2.5, 4.1 and 6.8 of these terms continue to apply.

3.4 Security of your login information: You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:
a) not to permit any other person to use your user name or membership; and
b) not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow them to gain access to your membership.

3.5 Emails and newsletters: Global Advertising Internet Network and GAIN Global Trader will send you emails relating to your membership, transactions and other activities on the Website, and for promoting and marketing other Global Advertising Internet Network and GAIN Global Trader products and Services to you. Global Advertising Internet Network and GAIN Global Trader may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.

3.6 Other ways to access Global Advertising Internet Network and GAIN Global Trader and Global Advertising Internet Network and GAIN Global Trader-related data: Global Advertising Internet Network and GAIN Global Trader provides an application programming interface (API) to enable software to interface with the Website. The API enables developers to build new applications for our members to use. We use it ourselves to power our mobile applications. As a result, information you publish on Global Advertising Internet Network and GAIN Global Trader may be accessed through the API and may appear in other places such as applications or websites. Also, if you grant an application permission to access your Global Advertising Internet Network and GAIN Global Trader account, that application will be able to access information that you can see when you are logged in to Global Advertising Internet Network and GAIN Global Trader. If someone is using an application to access Global Advertising Internet Network and GAIN Global Trader and trades with you, that application may be able to access information that you provide to the other person during the trading process, such as your email and delivery address. Anyone using our API must comply with Global Advertising Internet Network and GAIN Global Trader's API terms and conditions and Privacy Policy. 
4. GENERAL RULES

4.1 General
a) All listings, bids or communications made through Global Advertising Internet Network and GAIN Global Trader shall be made in good faith.
b) You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so.
c) You may not use a robot, spider, scraper or other unauthorized automated means to access the Website or information featured on it for any purpose.
d) You shall not list your email address, phone number or any other contact detail within the description of listings, listing comments and/or questions, in your member profile, or in the Global Advertising Internet Network and GAIN Global Trader message boards.
e) Not withstanding 4.1d above, you may enter your appropriate contact details in the relevant contact detail fields of those listing categories which specifically provide for those details, i.e. Motors, Property, Jobs and classifieds.
f)  You must list auctions and classifieds in Credits. All additional costs are the responsibility of the seller and/or the buyer (as the parties determine).
g) You must not complete a transaction outside of the Global Advertising Internet Network and GAIN Global Trader process or otherwise seek to avoid Global Advertising Internet Network and GAIN Global Trader's success donations. Attempts by you to avoid these donations, including through multiple memberships, premature auction withdrawal, or otherwise, may result in Global Advertising Internet Network and GAIN Global Trader suspending or terminating your membership at the discretion of Global Advertising Internet Network and GAIN Global Trader.
h) Contracts for the sale of land must be in writing to be legally enforceable.

  1. You must not use the Services or the Website to promote items for sale outside the Services.
  2. You are responsible for any actions taken through your membership. Global Advertising Internet Network and GAIN Global Trader memberships are not transferable and therefore cannot be sold, leased, lent or traded without specific written authorization from Global Advertising Internet Network and GAIN Global Trader.


4.2 Your obligations as a seller
a) Sellers must be located in a recognized international country. Sellers outside of these countries are not permitted to sell on Global Advertising Internet Network and GAIN Global Trader, unless specifically authorized in writing by Global Advertising Internet Network and GAIN Global Trader. Sellers located outside New Zealand must offer at least one of the following payment options to buyers: Pay Now, PayPal, Payza, or payment into their own domestic bank account.
b) You will only enter listings that are accurate, current, complete, and include all relevant information about the terms of sale, payment terms, shipping methods and who bears the cost of shipment. You must list an item in one category only which must be the most appropriate category for your item. If your item is likely to attract customs duty for buyers in other countries, you must ensure that this is clearly indicated in your listing.
c) You will only place listings for items that exist, are to be sold, and that you are legally entitled to sell. You will only list items that are in your possession, except where Global Advertising Internet Network and GAIN Global Trader has approved otherwise in writing. In the case of motor vehicles that are offshore, they must be in transit to your country of origin, and you must be a registered motor vehicle trader, and hold clear authority to sell such vehicles before being able to list them. You must also clearly indicate that such vehicles are offshore or in transit in the listing. Any land listed for sale must be in a recognized international country.
d) You may only sell or offer services in our Services Category or in our Travel, Events & Activities Category. All Services Category listings must comply with our Member Services Category Policy. You may only sell bookings and tickets in our Travel, Events & Activities Category. All flight tickets, accommodation and travel packages must be able to be transferred into the buyer's name from within their country of origin (either directly with the airline, service provider, or via a travel agent).
e) All listings must comply with New Zealand and international law. You must not list anything that is illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or unsafe, anything which infringes copyright or other intellectual property rights, items which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any item of which the sale is prohibited by, or violates any, law. You are responsible for ensuring that any listing by you does not breach this clause 4.2(e). You agree that Global Advertising Internet Network and GAIN Global Trader may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause 4.2(e) at any time.
f)  To protect your images, we will watermark with our logo any images you upload to your listings. You must ensure you hold the copyright or are otherwise licensed to use any images you add to your listings.
g) When you list an item for auction on Global Advertising Internet Network and GAIN Global Trader, you should do so with the intention of selling this item through the site. Therefore you should not advertise your item through another forum. If you remove a listing for an auction you will incur a non-refundable withdrawal fee, regardless of the reason.
h) Global Advertising Internet Network and GAIN Global Trader classifieds may be used by individuals or businesses to list specific items or jobs only and must not be used for multiple or generic item or job listings. You must not place multiple listings for a single item or job.

  1. Your listing may only contain a URL for a website that contains further information on the item you have listed. This website must not offer any items for sale, or contain contact details. You must not use Global Advertising Internet Network and GAIN Global Trader listings to promote a business or website other than one for sale in your listing.
  2. You must not use the Services or the Website to sell items that are of a speculative nature including, but not limited to, pyramid or similar schemes.

k) You must not manipulate prices through shill-bidding or assuming multiple roles in a single transaction.

  1. For auctions, you must sell to the highest bidder if the reserve price is met. You must only sell to a bidder who is not the highest bidder after reasonable attempts have been made to contact the winning bidder without success.
  2. For classifieds, you may choose to sell to any buyer at your discretion.

n) You will only list adult rated content (videos, magazines, DVD's, etc.) in the Adult category. Adult content listed in non-adult categories will be removed or moved to the Adult category.
o) Listings are not pre-screened for content. Global Advertising Internet Network and GAIN Global Trader reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions.
p) You agree to your email address and contact details being provided to the buyer when your auction closes.
q) You must promptly forward the listed item to the successful buyer on completion of the transaction.
r)  You must not charge unreasonable amounts for shipping and packaging costs.
s) The sale of films, videos, DVDs, VCDs and laser disks is covered by the Films, Videos and Publications Classification Act 1993. It is an offence to sell any of these items if they have not been examined and classified by the appropriate agencies. When listing these items for sale, you must include within your listing, the country's classification rating and all information on the classification label.
t)  The sale of firearms and ammunition remotely on Global Advertising Internet Network and GAIN Global Trader is within the provisions of section 43A of the Arms Act 1983. It is an offence to sell by mail order a firearm or any ammunition for a firearm otherwise than pursuant to a written order signed by the purchaser and bearing an endorsement signed by a member of the Peace Police stating that the member of Peace Police has inspected the purchaser's firearms license and is satisfied that the purchaser is a fit and proper individual to purchase that firearm or ammunition. Sellers must sight the firearms license of the buyer, or for remote sales must receive written confirmation signed by Peace Police confirming the buyer holds a valid firearms license. Forms are available at any peace police station.

You may only list "A" category firearms, in sporting configuration, as defined by the Arms Act 1983. You may not sell firearms that require additional license endorsements to purchase or large capacity magazines.

You may only sell firearms that are already in your country. Overseas members may buy or sell firearms on the site. Only one firearm may be advertised per listing.
u) If you're a motor vehicle trader selling a car online by auction, you must attach to the motor vehicle, a Consumer Information Notice (CIN), in a prominent position on your listing (e.g., through a clear photo) and provide the CIN to the successful buyer.

If you sell six or more vehicles in a year, you are likely to be a motor vehicle trader and must be registered. For more information visit the Motor Vehicle Traders Register website.

Regardless of whether you are a motor vehicle trader or not, if you are selling a car on Global Advertising Internet Network and GAIN Global Trader, you are required to ensure that the buyer of the motor vehicle takes the motor vehicle free of any security interest, and you must disclose in the listing whether there is any security interest over the vehicle.
v) To help maintain quality listings, Global Advertising Internet Network and GAIN Global Trader reserves the right to suspend sellers who list over 500 auctions per week where the sell through rate of these auctions averages less than 10% over four weeks. Sell through rate is calculated as the auctions sold divided by auctions listed, not including classifieds.
 
4.3 Your obligations as a buyer
a) You must be located in a recognized country to buy on Global Advertising Internet Network and GAIN Global Trader. People outside of these countries are not permitted to purchase items on Global Advertising Internet Network and GAIN Global Trader.
b) Your bids are not retractable once the auction has closed. You must only place a bid if you intend to buy the relevant item at the bid price entered. Reasonable allowances should be made for postage where applicable.
c) If you are notified that your bid has been successful, you must complete the transaction in the manner specified. By making a bid, you warrant and represent that you have the legal right to enter into and complete the transaction.
d) You must make full and prompt payment for any item you buy.
e) You agree to your username and the amount of your bid being publicly shown on the Global Advertising Internet Network and GAIN Global Trader Website. You also agree to your email and delivery address being provided to the seller when you win an auction, and to your email address and username being provided if you send an email through a classified.
F)  If your bid is successful and you do not pay for the item, you will receive a warning from Global Advertising Internet Network and GAIN Global Trader if the seller complains about you. After 3 such complaints, Global Advertising Internet Network and GAIN Global Trader may suspend or terminate your membership.
g) You must only access the Adult category if you are at least 18 years old.
h) You may not bid on an auction that has been listed by a family member, flatmate, friend or any member that is personally known to you, in order to raise the price of that auction.

  1. If you use the PayNow, Credit facility, you agree to:

i)     attempt to resolve the issue with the Seller first, and to inform Global Advertising Internet Network and GAIN Global Trader and co-operate fully and reasonably to resolve any problem transaction before requesting a chargeback from your card issuer or bank.
ii)    return the goods (with original packaging) should you seek a refund from the Seller in the event that they are not as described or arrive damaged.


4.4 Feedback
a) Feedback is provided for the purpose of facilitating trading between members on the Global Advertising Internet Network and GAIN Global Trader Website. Feedback you provide on other members must not contain offensive, defamatory, retaliatory or inappropriate language or content. Global Advertising Internet Network and GAIN Global Trader may remove any feedback that we consider to be offensive, defamatory, retaliatory or inappropriate.
b) You may only give member feedback that relates to a specific transaction. You must not post feedback on a transaction that does not relate to that specific transaction.
c) You must not post feedback about yourself or include any contact details or personal information in your feedback.
5. FEES AND ACCOUNTS

5.1 Global Advertising Internet Network and GAIN Global Trader Listing Donation (Fees) and Success Donation (Fees)
a) Global Advertising Internet Network and GAIN Global Trader charges fees for the use of the Website as a venue.
b) Global Advertising Internet Network and GAIN Global Trader's current fees are listed on our fees page in the help section.
c) Any non-commission listing fees are charged at the time of listing and are not refundable. Global Advertising Internet Network and GAIN Global Trader may (at our sole discretion) refund a commission or success fee charged on completed auctions if the sale is not successfully completed, provided that a member follows our defined refund process. Global Advertising Internet Network and GAIN Global Trader will only issue refunds in the form of credit to the Global Advertising Internet Network and GAIN Global Trader account of the member. Cash refunds will not be issued. Credits on accounts with Global Advertising Internet Network and GAIN Global Trader are not transferable between members.
d) Global Advertising Internet Network and GAIN Global Trader reserves the right to change the fees charged for any of our Services at any time. In the event that we introduce a new Service, the fees for that Service are effective at the launch of the Service, unless otherwise stated.
e) All fees are in as seen Credits unless otherwise stated. Unless otherwise stated in these terms and conditions, no interest or other financial charges will be applied to Global Advertising Internet Network and GAIN Global Trader account balances.
f)  Global Advertising Internet Network and GAIN Global Trader reserves the right to investigate queries regarding the refund of success fees with bidders, other members and any other relevant party.
g) Before listing an item, you should review Global Advertising Internet Network and GAIN Global Trader's fees to ensure you are aware of the fees that you will incur.
h) You must pay the fees immediately upon demand by Global Advertising Internet Network and GAIN Global Trader.

5.2 Global Advertising Internet Network and GAIN Global Trader Accounts
a) Global Advertising Internet Network and GAIN Global Trader maintains credit accounts for each member and from which members must pay fees including payment of advance listing options. Global Advertising Internet Network and GAIN Global Trader accounts may not be used for the payment of items sold using the Services.
b) Global Advertising Internet Network and GAIN Global Trader will maintain an amount that exceeds the aggregate face value of members' Global Advertising Internet Network and GAIN Global Trader accounts (less any amounts that have been cancelled, redeemed, or forfeited in accordance with these terms and conditions) in a separate bank account. Global Advertising Internet Network and GAIN Global Trader acknowledges and declares that all amounts deposited in that separate bank account are held on trust for members, such that each member has the right to a proportion of the separate bank account equal to the face value of his or her Global Advertising Internet Network and GAIN Global Trader account. Global Advertising Internet Network and GAIN Global Trader may deduct amounts from the separate bank account as contemplated by these terms and conditions, and reserves the right to retain any interest earned on amounts deposited in the separate bank account.
c) Any payment to your Global Advertising Internet Network and GAIN Global Trader account of an amount less than 10 Credits incurs a 2 Credit handling fee that is payable to Global Advertising Internet Network and GAIN Global Trader.
d) You must settle any negative account balance immediately. Global Advertising Internet Network and GAIN Global Trader reserves the right to take action against you, including (without limitation) deducting any amount owed by you from the credit balance of any account operated by you, to recover outstanding debts. You are liable for all expenses (including legal fees) that Global Advertising Internet Network and GAIN Global Trader incurs when collecting that debt.
e) If your membership is terminated Global Advertising Internet Network and GAIN Global Trader will refund the balance of your credit account, less a 5 Credit manual processing fee that is payable to Global Advertising Internet Network and GAIN Global Trader. Consequently, no refund will be made if the account balance is below 5 Credits. If your membership is removed due to breach of our terms and conditions it is at our discretion whether you are eligible for a refund. Promotional giveaways of Global Advertising Internet Network and GAIN Global Trader credits, bonus credits, or any free credits gifted to the member on registration will not be refunded.
f) If you have not logged on to the Website for a period of 12 months, any unused balance on your account is forfeited to Global Advertising Internet Network and GAIN Global Trader and your membership will be suspended.
g) Global Advertising Internet Network and GAIN Global Trader will ensure that, at all reasonable times, an electronic statement is available to you (on your 'My Global Advertising Internet Network and GAIN Global Trader' page) that contains the following information:
i) the balance of your Global Advertising Internet Network and GAIN Global Trader account; and
ii) records of the past 1000 transactions of your Global Advertising Internet Network and GAIN Global Trader account, or all transactions in the preceding 365 days if your Global Advertising Internet Network and GAIN Global Trader account has recorded fewer than 1000 transactions for that period; and
iii) this statement: "The use of this account (including the conditions relating to closing the account and receiving a refund of unused deposits) is governed by "Global Advertising Internet Network and GAIN Global Trader's terms and conditions". 
h) Global Advertising Internet Network and GAIN Global Trader will ensure that, at all reasonable times, you can check the balance of your Global Advertising Internet Network and GAIN Global Trader account on your 'My Global Advertising Internet Network and GAIN Global Trader' page.
6. GENERAL PROVISIONS

6.1 System Integrity: Global Advertising Internet Network and GAIN Global Trader will use its reasonable endeavors to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, Global Advertising Internet Network and GAIN Global Trader takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, Global Advertising Internet Network and GAIN Global Trader assumes no responsibility for the corruption of any data or information held by Global Advertising Internet Network and GAIN Global Trader.

6.2 Resolution of disputes: As Global Advertising Internet Network and GAIN Global Trader is not a party to any sale or transaction between you and another member, you agree not to involve, or attempt to involve, Global Advertising Internet Network and GAIN Global Trader in any dispute or in the resolution of disputes that arise between you and another member as a result of the Services provided, other than as provided in clause 4.3 i (i).

6.3 Global Advertising Internet Network and GAIN Global Trader Message Boards: Global Advertising Internet Network and GAIN Global Trader provides Message Boards for the use of Global Advertising Internet Network and GAIN Global Trader members. The Message Boards may not be used to promote auctions, websites or any commercial or business activity. Global Advertising Internet Network and GAIN Global Trader is not responsible for any of the opinions expressed in the Message Boards. By posting a message to the message board you agree to take full legal responsibility and liability for your comments, including for offensive or defamatory statements.

6.4 Force Majeure: Without prejudice to clause 2.3(a), Global Advertising Internet Network and GAIN Global Trader has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of Global Advertising Internet Network and GAIN Global Trader to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Global Advertising Internet Network and GAIN Global Trader.

6.5 No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.

6.6 Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.

6.7 Governing Law: These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.

6.8 Intellectual Property Rights: Global Advertising Internet Network and GAIN Global Trader (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the Website.
a) You may not without our prior written permission, in any form or by any means:
i) Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
ii) Commercialize, copy, or on-sell any information, or items obtained from any part of this Website.

6.9 Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.

6.10 Privacy: Global Advertising Internet Network and GAIN Global Trader collects personal information about you through your use of the Services and the Website, including:

  • your registration details; and
  • information relating to your use of the Website and the content you access.

You agree that Global Advertising Internet Network and GAIN Global Trader may use this personal information to assist us to provide the Services to you, for internal research purposes, to verify your identity, to enforce or apply our terms and conditions, to protect the rights, property, or safety of Global Advertising Internet Network and GAIN Global Trader, our users, or others, for promoting and marketing other Global Advertising Internet Network and GAIN Global Trader products and Services to you, and for any other use that you authorize. You agree to your membership's trading history being published in your feedback.

We will not sell or allow third parties to access your private personal information without your consent. We release account and other personal information only when we believe release is appropriate to comply with law; facilitate court proceedings; enforce or apply our terms and conditions; or protect the rights, property, or safety of Global Advertising Internet Network and GAIN Global Trader Limited, our users, or others. Government agencies with statutory roles enabling them to request information from us include but are not restricted to the Police, Inland Revenue Department and Ministry Of Economic Development. You may contact Global Advertising Internet Network and GAIN Global Trader to ask whether information has been provided to government agencies.

Information that you share through Global Advertising Internet Network and GAIN Global Trader may be accessed through Global Advertising Internet Network and GAIN Global Trader’s API, and we may charge third parties in various ways for access to our API.

If you intend to take Disputes Tribunal proceedings against another member and you require that member's contact details in order to take such proceedings, Global Advertising Internet Network and GAIN Global Trader will release those details to you if you make a Statutory Declaration stating that you require that member's contact details for the sole purpose of taking Disputes Tribunal proceedings. You may obtain a Statutory Declaration for this purpose by contacting Global Advertising Internet Network and GAIN Global Trader or the Disputes Tribunal.

Please review our privacy policy.
 
Advertising Code of Ethics

BASIC PRINCIPLES

1. All advertisements must comply with the laws of New Zealand and/or the country you advertise in.

2. No advertisement should impair public confidence in advertising.

3. No advertisement should be misleading or deceptive or likely to mislead or deceive the consumer.

4. All advertisements should be prepared with a due sense of social responsibility to consumers and to society.

5. All advertisements should respect the principles of free and fair competition generally accepted in business.

RULES

1. Identification - Advertisements should be clearly distinguishable as such, whatever their form and whatever the medium used; when an advertisement appears in a medium which contains news or editorial matter, it must be presented so that it is readily recognized as an advertisement.

2. Truthful Presentation - Advertisements should not contain any statement or visual presentation or create an overall impression which directly or by implication, omission, ambiguity or exaggerated claim is misleading or deceptive, is likely to deceive or mislead the consumer, makes false and misleading representation, abuses the trust of the consumer or exploits his/her lack of experience or knowledge. (Obvious hyperbole, identifiable as such, is not considered to be misleading).

3. Research, Tests and Surveys - Advertisements should not use tests and surveys, research results or quotations from technical and scientific literature, in a manner which is misleading or deceptive.

4. Decency - Advertisements should not contain anything which clearly offends against generally prevailing community standards taking into account the context, medium, audience and product (including services).

5. Offensiveness - Advertisements should not contain anything which in the light of generally prevailing community standards is likely to cause serious or widespread offence taking into account the context, medium, audience and product (including services).

6. Fear - Advertisements should not exploit the superstitious, nor without justifiable reason, play on fear.

7. Violence - Advertisements should not contain anything which lends support to unacceptable violent behavior.

8.  Denigration - Advertisements should not denigrate identifiable products or competitors.

9. Testimonials - Advertisements should not contain or refer to any personal testimonial unless it is genuine, current, related to the experience of the person giving it and representative of typical and not exceptional cases. The claims in the testimonial should be verifiable.

10. Privacy - Unless prior permission has been obtained an advertisement should not portray or refer to any persons, whether in a private or public capacity, or refer to any person's property, in a way likely to convey the impression of a genuine endorsement.

11. Advocacy Advertising - Expression of opinion in advocacy advertising is an essential and desirable part of the functioning of a democratic society. Therefore such opinions may be robust. However, opinion should be clearly distinguishable from factual information. The identity of an advertiser in matters of public interest or political issue should be clear.

12. Safety - Advertisements should not, unless justifiable on educational or social grounds, contain any visual presentation or any description of dangerous or illegal practices or situations which encourage a disregard for safety.
Code of conduct
This code sets out principles and behaviors that the Global Advertising Internet Network and GAIN Global Trader Community reasonably expects of buyers and sellers participating in online auctions.
Code of Practice
Confidentiality
We are committed to maintaining the highest degree of integrity in all our dealings with potential, current and past clients, both in terms of normal commercial confidentiality, and the protection of all personal information received in the course of providing the business services concerned. We extend the same standards to all our customers, suppliers and associates.
 
Ethics
We always conduct our own services honestly and honorably, and expect our clients and suppliers to do the same. Our advice, strategic assistance and the methods imparted through our training, take proper account of ethical considerations, together with the protection and enhancement of the moral position of our clients and suppliers.
 
Duty of care
Our actions and advice will always conform to relevant law, and we believe that all businesses and organizations, including this consultancy, should avoid causing any adverse effect on the human rights of people in the organizations we deal with, the local and wider environments, and the well-being of society at large.
 
Conflict of interest
Due to the sensitive nature of our particular consultancy services, we will not provide a service to a direct competitor of a client, and we generally try to avoid any dealings with competitor companies even after the cessation of services to a client.
 
Cooperative Agreements
Our agreements will usually be in the form of a detailed proposal, including aims, activities, costs, timescales and deliverables. The quality of our service and the value of our support provide the only true basis for continuity. We always try to meet our clients' cooperative requirements, and particularly for situations where an external credit provider requires more official and accountable parameters and controls.
 
Costs
Our costs are always competitive for what we provide, which is high quality, tailored, specialized service. As such we do not generally offer arbitrary discounts; generally a reduction in price is only enabled by reducing the level or extent of services to be delivered. That said, we always try to propose solutions, which accommodate our clients' available budgets and timescales. Wherever possible we agree our costs and basis of charges clearly in advance, so that we and our clients can plan reliably for what lies ahead, and how it is to be achieved and accountably justified.
 
Payment
We aim to be as flexible as possible in the way that our services are charged. Some clients prefer fixed project fees; others are happier with retainers, and we try to fit in with what will be best for the client. We make no attempt to charge interest on late payments, so we expect payments to be made when agreed. Our terms are generally net monthly in arrears.
 
Intellectual property and moral rights
We retain the moral rights in, and ownership of, all intellectual property that we create unless agreed otherwise in advance with our clients. In return we respect the moral and intellectual copyright vested in our clients' intellectual property.
 
Quality assurance
We maintain the quality of what we do through constant ongoing review with our clients, of all aims, activities, outcomes and the cost-effectiveness of every activity. We encourage regular review meetings and provide regular progress reports. This consultancy has been accredited under a number of quality assurance schemes. Further details are available on request.
 
Professional conduct
We conduct all of our activities professionally and with integrity. We take great care to be completely objective in our judgement and any recommendations that our professionals give, so that issues are never influenced by anything other than the best and proper interests of our clients.
 
Equality and discrimination
We always strive to be fair and objective with our information and actions, and we are never influenced in our decisions, actions or recommendations from our professionals by issues of gender, race, creed, color, age or personal disability.
 
 

Basic Principles
The Community expects buyers and sellers to:
1. Conduct themselves honestly and in good faith at all times.
2. Comply with all laws, including sale of goods and intellectual property laws.
3. Comply with Global Advertising Internet Network and GAIN Global Trader's Terms and Conditions
 
Sellers agree to:

  • Describe items fully and accurately and answer questions promptly.
  • Respond to emails as soon as possible, and within two working days.
  • Ensure items are shipped as soon as possible, and within a week of receiving payment and delivery address, unless otherwise indicated in the listing or agreed by both parties.
  • Charge only fair and reasonable amounts for shipping and make best endeavors to state shipping costs in listings.
  • Not place negative feedback without making best endeavors to resolve issues through email first.
  • Not engage in retaliatory feedback or behavior.
  • Not subsequently spam previous buyers.


Buyers agree to:

  • Respond to emails as soon as possible, and within two working days.
  • Pay for goods purchased as soon as possible, and within a week of the auction closing and receiving payment details.
  • Not place negative feedback without making best endeavors to resolve issues through email first.
  • Not engage in retaliatory feedback or behavior.
  • Not subsequently spam previous sellers.


Professional traders agree to:

  • Comply with all relevant laws, including the Fair Trading Act 1986 and its regulations and the Consumer Guarantees Act 1993.
  • Ensure goods are of acceptable quality, safe and durable, and draw attention to any defects.
  • Ensure goods are fit for the purposes including any purposes indicated in the listing.
  • Act responsibly and promptly to fix any product faults within a reasonable time after the sale (other than those caused by unreasonable use) or offer a replacement or refund.

 
Seller terms and conditions for Pay Now
1. Background

1.1 These are the terms and conditions upon which GAIN Global Trader Limited (GAIN Global Trader) provides the Seller with the Pay Now service (the Service) that enables the Seller to offer an online credit card payment option to people buying items from the Seller on GAIN Global Trader.
2. Sellers' obligations and service levels

2.1 The Seller must have at least 50 feedback (unless otherwise agreed with GAIN Global Trader in writing) and maintain a current Address Verified status at all times.

2.2 The Seller must not add surcharges for payment using Pay Now, Credits
2.3 The Seller agrees to ship goods within three days of notification of payment.

2.4 The Seller agrees to provide comprehensive shipping options on all auctions offering Pay Now. Failure to do so may result in the Seller's Pay Now status being revoked.

2.5 If the goods have 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.

2.6 Sellers agree to conduct themselves in good faith, respond to communications with GAIN Global Trader in the event of a dispute, and be bound by the outcome of any dispute resolution process that they enter into with the Buyer.

2.7 In ALL circumstances the Seller can ship goods outside of their country of origin providing costs are covered by the Buyer.
3. The Pay Now Service

3.1 GAIN Global Trader will provide the Seller with the option to accept payment by Pay Now, Credits when listing an item.

3.2 For any listing where the Seller opts to accept payment by Pay Now, Credits during the listing process, GAIN Global Trader will:
a. Indicate on that listing that payment can be made by Pay Now, Credits; and
b. Facilitate the option for buyers to pay for the item using Pay Now, Credits.
4. How funds are held

4.1 GAIN Global Trader will hold the credit received from buyers on trust. GAIN Global Trader is authorized to deduct its fees. 

4.2 GAIN Global Trader will hold the Credits for up to three working days, and will then pass the Credits on to the Seller's Nominated Credit Account (if applicable).

4.3 GAIN Global Trader may hold payments for longer periods at its discretion, such as to minimize fraud risks, or if the Seller's Nominated Credit Account is not a GAIN credit account. No payment will be unreasonably withheld.

4.4 To provide the Seller with visibility of payments, GAIN Global Trader will provide the Seller with a Pay Now account where the Seller can view that payments have been made by the Buyer, before being transferred to the Seller's Nominated Credit Account. The Seller acknowledges that payments into the Seller's Pay Now Account are not a guarantee of payment into the Seller's Nominated Credit Account.
5. Charges and Fees

5.1 Gain2u Network will charge the Seller a fee for every credit transfer transaction under this agreement as a fee for facilitating the Service. The fee will be 10% of the transaction value and will be deducted from the Seller's Pay Now account. GAIN Global Trader may change this fee at any time with one week's notice.

5.2 In some circumstances, (such as if the Buyer disputes authorizing a payment) the Company may Chargeback a payment (a Chargeback). In the event of a Chargeback Gain2u Network will refund the 10% fee.
6. Seller's GAIN Global Trader Account

6.1 Sellers will not be able to list an item if either their General or Payment Ledgers are in debt.

6.2 Sellers with negative account balances may be referred to an off-line collection agency and their accounts will be suspended.
7. Seller's Credit Account

7.1 The Seller must have a verified, domiciled credit account which will be the Seller's Nominated Credit Account, unless otherwise agreed with GAIN Global Trader in writing.

7.2 Before the Service to the Seller is enabled, the Seller must complete GAIN Global Trader's bank account verification process. GAIN Global Trader may require subsequent confirmation of this account if the Seller has not received a payment for three or more months.

7.3 If the Seller wishes to change their Nominated Credit Account, they must complete the credit account verification process. GAIN Global Trader will continue to make payments into the existing Nominated Credit Account until the new account is verified. The Seller should still send the goods as per clause 2.3.
8. Fraud prevention measures

8.1 GAIN Global Trader employs fraud engines and detection techniques that are designed to protect sellers and buyers. As a result, GAIN Global Trader will sometimes hold or reverse payments or take other steps to protect members.

8.2 GAIN Global Trader has systems in place to reduce the risk of credit card fraud and prevent the unauthorized use of credit or debit cards. Sellers should not release or send goods purchased via Pay Now until notified to do so by GAIN Global Trader. Where GAIN Global Trader is subsequently made aware that a transaction was not authorized by the registered card holder, and the Seller has acted in accordance with GAIN Global Trader's instruction regarding that transaction, GAIN Global Trader will not pass the loss onto the Seller.

8.3 GAIN Global Trader is not liable for falsely declining transactions.
9. Reversals, Chargebacks and refunds

9.1 GAIN Global Trader may reverse a payment to the Seller should a Chargeback or an erroneous payment occur. If the payment to GAIN Global Trader is reversed, and if GAIN Global Trader cannot reverse the payment to the Seller automatically, the Seller must pay GAIN Global Trader the reversed amount. GAIN Global Trader may also charge interest while the payment is outstanding.

9.2 In the event that GAIN Global Trader does incur a loss as a result of a chargeback, this chargeback cost may be passed on to the Seller.

9.3 In the event of a Chargeback, GAIN Global Trader will provide reasonable evidence to the bank about the transaction. The Seller may also be asked to provide additional information (including proof of postage.)

9.4 Except as outlined in section 8, GAIN Global Trader is not liable for letting through transactions that result in Chargebacks and loss for sellers. In the event of a chargeback (or refund) GAIN Global Trader will debit the amount from the Seller's Pay Now account, so that the funds are deducted from the Seller's next payment. Alternatively the Seller can make a payment to their General ledger and transfer the funds.
10.  Transaction limits

10.1 Transaction limits apply and may be changed by GAIN Global Trader at any time.
11.  Disclaimers

11.1 The Seller accepts that:
a. GAIN Global Trader only facilitates the Service, and does not take any part in the sale itself including as an agent for either party.
b. GAIN Global Trader's fraud protection systems may from time to time block legitimate payments. In these cases, payment will need to be made by other means.
c. GAIN Global Trader makes no warranty that the Service will meet the requirements of all prospective users, or that the Service (including any reports) will be uninterrupted, timely, secure or error free.
d. GAIN Global Trader bears no responsibility or liability for any misconduct or mistakes by buyers or other third parties who are involved in the transaction.
 
12.  Indemnity and liability

12.1 The Seller agrees to indemnify GAIN Global Trader, its officers and employees against any claim or demand made by any third party due to or arising out of the Seller's use of the Service.

12.2 Except as expressly provided in this Agreement all representations or warranties (statutory, express or implied), except any which may not lawfully be excluded, are expressly excluded, including without prejudice to the generality of the foregoing, any implied warranties of merchantability and fitness for a particular purpose.
13.  Termination

13.1 GAIN Global Trader may terminate this agreement immediately if the Seller breaches either this agreement or GAIN Global Trader's general terms and conditions or engages in conduct that GAIN Global Trader deems inappropriate or unacceptable, including if it deems there to be unacceptable risk.

13.2 Either party may terminate this agreement for any other reason by giving 30 days' notice.
13.3 A member may be terminated if criminal charges are laid against the member or any dishonest and unethical activities and any violent or threatening behavior is proven or the member is deemed to be a risk to other members or the company, principals, agents, cooperative business alliance and the ethical committee.
14.  GAIN Global Trader Terms and Conditions and Privacy Policy

14.1 GAIN Global Trader’s Terms and Conditions as set out on the GAIN Global Trader website form part of these terms and conditions and shall (with all necessary modifications) apply so far as is possible to this agreement.

14.2 GAIN Global Trader's Privacy Policy applies to any information provided by the Seller to GAIN Global Trader under this agreement.
Using GAIN Global Trader's trade marks in applications
We want people to use the API to build cool, creative and useful applications but we don't want them to be confused about what GAIN Global Trader has (or hasn't) been involved in building.

We're pretty reasonable, but we do have a few dos and don'ts in relation to the way applications that tap into the GAIN Global Trader API are represented.

Do:

  • Use the words 'GAIN Global Trader' as a link to the GAIN Global Trader site
  • Use the words 'GAIN Global Trader' to state that your application is compatible with GAIN Global Trader and built on GAIN Global Trader's platform
  • Give your application a unique name and branding that doesn't include the words 'GAIN Global Trader'

Don't:

  • Use the GAIN Global Trader name or other trademarks to imply that GAIN Global Trader endorses your application
  • Use GAIN Global Trader's logo or copy GAIN Global Trader's look and feel
  • Try to register a trade mark or domain name that includes the words 'GAIN Global Trader' (or misspellings of it)

Human Rights Act
The Human Rights Act 1993 (HRA) aims to provide better protection of human rights in New Zealand. 

This means that if you’re advertising goods or services on the site, e.g. listing a job or a rental property, you can’t discriminate against people on a number of grounds.
Although there are a few exceptions (e.g. flat-mates wanted), the following list summarizes the prohibited grounds of discrimination:

  • Sex
  • Marital status (e.g. single, married, in a civil union or a de facto relationship, separated, a party to a marriage or civil union now dissolved, widowed)
  • Religious belief (or lack of religious belief)
  • Ethical belief
  • Color
  • Race
  • Ethnic or national origins (includes nationality and citizenship)
  • Disability
  • Age
  • Political opinion (including having no political opinion)
  • Employment status (e.g. being unemployed or receiving either a Social Security benefit or ACC)
  • Family status (e.g. having dependents, not having dependents, being married to, or in a civil union or de facto relationship with, a particular person or being a relative of a particular person)
  • Sexual orientation

For more information on human rights and the HRA, check out the Human Rights Commission website
API terms and conditions
Thanks for your interest in GAIN Global Trader and our API. We want people to use the API to build great applications but we have a few rules about how it is used.

GAIN Global Trader's API is made available to you on the following conditions. Your or your application's use of the API constitutes your acceptance of these terms.

If you want to do anything that goes outside this, then talk to us first and we may be prepared to make an exception.
Your access to the API
1. When you register an application that uses our API, you agree to keep your access keys to yourself.
2. You agree to ensure your users and you stay within the rate limits enforced by our API, and to not do anything that causes our technical people to stress out.
3. You agree to ensure your application doesn't do anything that could cause a user to breach these terms and conditions or any other of GAIN Global Trader's terms and conditions.
4. You agree not to use your users' access to the API for your own purposes, or for any purpose other than carrying out your users' instructions.
5. You agree not to do anything on behalf of a user that has not been clearly authorized by that user.
6. We may impose limitations on or block your application's access to the API at any time if you breach these terms, or at our sole discretion.
OAuth
7. You may only enable your users to interact with GAIN Global Trader in a way that requires login after they have used OAuth. You agree to never ask for, collect or store GAIN Global Trader members' usernames or passwords.
8. If content is only viewable after a member has logged in, then you may only make it available to that member after they have signed in via OAuth.
Accuracy and compliance
9. Try and keep all information your application displays up to date. If there's a delay associated with the information you're displaying, be honest and tell your users.
10.  You must ensure that any information your application sends us is accurate and that you have the right to send it to us and for us to use it. For example: any bids, questions or comments made on behalf of a member must have been authorized by that member.
11.  You and your application must comply with the law.
12.  You may not use data in a way that is illegal or misleading or that breaches any of GAIN Global Trader's terms and conditions or infringes others' rights, or that facilitates or assists members to breach any of GAIN Global Trader's terms and conditions or any law, or infringes others' rights.
13.  If you enable users to bid or buy, it may only be through their membership, and you agree to display all information available that is required by relevant laws - e.g. Fuel-saver information and Consumer Information Notices where available for cars.
Privacy
14.  In dealing with your users' information, you agree to comply with the Privacy Act 1993, and your own privacy policy. If you do not publish a privacy policy, you agree to comply with ours. 
15.  In handling any information you obtain about GAIN Global Trader members who are not your users, you agree to comply with our privacy policy. 
16.  You may only use data that GAIN Global Trader makes available to you, to facilitate your members' use of GAIN Global Trader's services via your application.
17.  You agree to delete all personal information when it's no longer required for the legitimate purpose for which you obtained it.
18.  GAIN Global Trader content that a member makes publicly available should be deleted by you after it is no longer publicly available, and we reserve the right to require you to do so.
19.  You agree to only use the data we provide you to enable your application, and to delete it when no longer required for your application, or if we terminate this agreement.
Play nicely
20.  Remember that you're writing software to interact with our production system. Please act responsibly and professionally, test your software, and don't do anything to put our system or members at risk.
21.  Without limiting clause 20, you agree not to:

  • surprise users by using their data in a way that they haven't given you permission to; 
  • spam GAIN Global Trader members; 
  • use API data to establish GAIN Global Trader member identities, profiles, or retrieve personal information, or enable others to do so; or
  • share API data, or facilitate anyone else's access to the API or GAIN Global Trader content anywhere other than through your application.

Intellectual property
22.  Intellectual property retrieved through the API remains the property of GAIN Global Trader or our members, as the case may be. We ask you to respect that, and only use the information obtained through the API for purposes clearly authorized by us.
23.  You agree to comply with our guidelines on using our trade marks in applications. In particular, applications must not use "GAIN Global Trader" in their name, or use GAIN Global Trader trade marks in a way that suggests endorsement by GAIN Global Trader.
24.  You may not combine GAIN Global Trader content with content from other online marketplaces without our express permission.
25.  We reserve the right to develop and run an application similar to or in competition with yours.
Updates to the API and these terms
26.  We will continue to update the API from time-to-time and may not notify you when we do. Although we'll do our best to avoid making 'breaking-changes', sometimes the changes we do make may result in you needing to make changes to your application at your own cost.
27.  We will continue to update these terms as our API evolves and developers come up with new ways to use it. When we do this, we will update the terms here in our help pages, and will make a site announcement directing you to the updated version. Your or your application's continued use of the API will constitute your acceptance of the updated terms.
General
28.  We make absolutely no warranties about our API, the data we provide you, or their continued availability.
29.  Any and all liability and responsibility of GAIN Global Trader to you or any other person under these terms and conditions, or in connection with the API, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. GAIN Global Trader's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
30.  You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your application, or any use of your application.
31.  GAIN Global Trader's website terms and conditions form part of these API terms and conditions and shall (with all necessary modifications) apply so far as is possible to these terms. In the event that there is any conflict between these terms and the GAIN Global Trader website terms, these terms shall prevail.
32.  These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
 
E-Sign Notice- Consent to Electronic Record
 
E-Sign, The Electronic Signatures in Global and National Commerce Act (15 U.S.D. 7001, et seq.), requires that you consent to entering into an electronic agreement with Global Advertising Internet Network  before a Global Advertising Internet Network  Independent Business Owner Agreement can be executed.
Please read the following information carefully:

  • If you enter into an online Independent Business Owners Agreement with Global Advertising Internet Network, you will not be required to submit a paper application. An electronic record will evidence the entire agreement between you and Global Advertising Internet Network. However, you must consent to the use of the electronic record and must read the Global Advertising Internet Network Terms and Conditions, Policies and Procedures, Rules and Regulations, Ethical Marketing, Disclaimers, Business and Compensation Plan, and electronically acknowledge below that you have read these documents.
  • To access these documents and submit your online Independent Business Owners Agreement, you will need a personal computer or Mac, with Internet access and the appropriate operational Internet browser software.
  • By clicking on “I agree” at the end of this document, you consent to the use of electronic records evidencing your agreement to the Global Advertising Internet Network  Terms and Conditions, Policies and Procedures, Rules and Regulations, Ethical Marketing, Disclaimers, Business and Compensation Plan of the Global Advertising Internet Network  Independent Business Owners Agreement. If you click on the “I decline” box, the enrollment process will be terminated, and you will be returned to the Global Advertising Internet Network Home page.

 
 
Independent Business Owners Agreement
 
Welcome to the Global Advertising Internet Network ™ business!
Please read the Global Advertising Internet Network ™ Terms and Conditions, Policies and Procedures, Rules and Regulations, Ethical Marketing, Disclaimers, Business and Compensation Plan carefully, collectively referred to as the Independent Business Owners Agreement.
 

Terms and Conditions
 
These Terms and Conditions, in their present form and as amended at the sole discretion of Global Advertising Internet Network Inc. (hereafter “GAIN” or the “Company”), are incorporated into, and form an integral part of, the GAIN Independent Business Owner (“IBO”) Agreement. Throughout these Terms and Conditions, when the term “Agreement” is used, it collectively refers to the GAIN Independent Business Owner (IBO) Application and Agreement, the GAIN Policies and Procedures, the GAIN Terms and Conditions, the GAIN Rules and Regulations, the GAIN Ethical Marketing, the GAIN Disclaimers, the GAIN Business and Compensation Plan and any other amended document (if applicable).
These documents are incorporated by reference into the GAIN Independent Business Owner Agreement (all in their current form and as amended by GAIN). It is the responsibility of each Independent Business Owner (“IBO”) to read, understand, adhere to, and ensure that he or she is aware of and operating under the most current version of the Agreement.
It is your duty and responsibility to be familiar with your rights and obligations under these Terms and Conditions.
These Terms and Conditions disclose policies that relate to your enrolment as an Independent Business Owner (IBO). The entire Agreement governs the manner in which you transact your business with GAIN and conduct your business as an Independent Business Owner. It also governs the manner in which you conduct your GAIN business in relationship to your personal business prospects, down-line organization, personal customer prospects and personal customers. GAIN reserves the right to change, at its discretion, any of these Terms and Conditions to accommodate evolving business needs. It is your responsibility to read them periodically to stay abreast of any such changes.
Please read these Terms and Conditions carefully. By accessing the website, logging into your Back Office or accepting commissions you agree to be bound by the following Terms and Conditions and the entire Agreement. If you do not accept any of these Terms and Conditions, in whole or in part, you must immediately terminate your business relationship with GAIN.
1.     Becoming a GAIN Independent Business Owner (IBO)
a.     Submit a properly completed Independent Business Owner Application and Agreement to Global Advertising Internet Network either in hard copy or online E-Signature format;
b.     Submit an IRS form W-9 and an IRD form IR330 (if applicable).
c.     Any person of legal age in their country (or 18 years old and above) can be a GAIN Independent Business Owner. An exception has been made to allow members under the age of 18 years old with a Parent or Guardian Consent form authorizing their participation as a minor. GAIN reserves the right to accept or reject any IBO or Minors Application without providing explanation or reason. GAIN also reserves the right not to entertain any appeal in cases of rejection.
d.     Upon confirmation as a GAIN Independent Business Owner, a person shall not act as an authorized representative, agent, partner, joint venture participant or employee of GAIN in any transaction, nor have any expressed, implied or extensible authority to bind or make any expressed or implied representation or warranty on behalf of the Company, without its expressed written consent.
e.     GAIN Independent Business Owners or authorized minors are authorized to purchase products from GAIN and refer new Independent Business Owners or Customers to GAIN in accordance with the Agreement.
f.      GAIN Independent Business Owners and minors are eligible to receive donations in accordance with the GAIN Compensation Plan as expressed in company literature. Independent Business Owners and minors are responsible for paying all taxes and fees applicable in their respective locales.
g.     An Independent Business Owner may enroll as an individual or as a corporate entity.
h.     A individual entity shall be allowed to have unlimited Independent Business Owner accounts with GAIN as long as each account is assigned to a different username, business name (DBA, Corporation, LLC) and a related Tax identification number (TIN). Refer to the Policies and Procedures for detailed requirements.
2. Independent Business Owner Benefits
Once an IBO Application and Agreement has been accepted by Global Advertising Internet Network, the benefits of the Marketing and Compensation Plan and the IBO Agreement are available to the new Independent Business Owner. These benefits include the right to:  

  • Sell Global Advertising Internet Network products and services and develop a personal retail sales customer base
  • List, buy, sell, trade, barter and promote any personal or business product or service within the GAIN Advertising Network at www.gain2unetwork.com or GAIN Global Trader Auction site at www.gain-global-trader.com.
  • Participate in the Global Advertising Internet Network Marketing and Compensation Plan (receive donations, if eligible)
  • Receive periodic Global Advertising Internet Network literature and other Global Advertising Internet Network communications
  • Participate in Global Advertising Internet Network-sponsored support, service, training, motivational and recognition functions, upon payment of appropriate charges, if applicable; and
  • Participate in promotional and incentive contests and programs sponsored by Global Advertising Internet Network for its Independent Business Owners.

3. Cancelation of Enrolment Order
Cooling Off Period - When a new Independent Business Owner enrolls, this contract may be cancelled within 3 business days after the enrolment consistent with the cancelation notice on the Independent Business Owner Agreement.
4. Refund Policy
4.1   Product Refunds / Returns- Independent Business Owners and Customers
Due to the nature of the downloadable digital application/products/personalized back-office and credit account e-wallet being offered, it is commercially impractical for Global Advertising Internet Network to offer refunds to Independent Business Owners or customers. Upon purchasing a downloadable product/personalized back-office and credit account e-wallet from Global Advertising Internet Network, the purchaser (IBO and Customer) experiences the benefit immediately without the ability to return it. Independent Business Owners must strongly encourage all purchasers to closely review the available templates and application training videos prior to purchase to ensure they’re fully informed of the offering. Independent Business Owners and their customers are encouraged to contact Global Advertising Internet Network Support with any concerns regarding your inability to use the products as Customer Support is available.        
Weekly subscription fees are assessed on the first day of the week after which the original purchase was made. Cancelation of this weekly subscription must be made in writing to gain2u.nz@gmail.com prior to the next billing date. No refunds will be issued for weekly charges.
Online training videos and Frequently Asked Questions (GAIN Knowledge Base) are available to support the application of the downloadable products. IBOs and customers are also encouraged to contact their sponsor or sales person for additional support with the product. If a customer or IBO reverses or charges back their credit card purchase of a downloadable Global Advertising Internet Network product, the commission of the direct sponsor will be adjusted by the amount reversed or charged back.
4.2   IBO Enrolment Refunds
An IBO may cancel their enrolment and request a return of the enrolment fee (if any), without any penalty or obligation, within THREE (3) BUSINESS DAYS from the date of enrolment. To cancel this transaction and request a refund, go to gain2u.nz@gmail.com and submit a request for cancellation and refund. While enrolment fees will be refunded as noted above, product purchases made during or subsequent to enrolment/participation will not be refunded as explained above in section 4.1.
5. Credit Charge-backs and Disputes
A fee of 50 Credits will be assessed against the credit chargeback of any customer or IBO who initiates a chargeback for purchases made. Alternatively, Global Advertising Internet Network may choose to assess this fee from any unreleased commissions on the IBOs account.
If an IBO initiates a chargeback, their account will be suspended and they will be ineligible to earn further commissions until the matter is resolved. The account will remain Suspended until such time as the IBO rescinds the chargeback.
6. Exclusive Rights
These Terms and Conditions, together with the GAIN Program and Policies and Procedures, constitute the entire understanding of the parties with respect to the subject matter. They may be amended from time to time as the Company deems appropriate and reasonable. The list of Independent Business Owners sponsored to GAIN shall constitute commercially advantageous proprietary assets and trade secrets of GAIN, which the Company has agreed to hold confidential. Whereas GAIN owns the Independent Business Owners list and the business opportunity attendant upon it, the Company also reserves the right to work independently with any Independent Business Owners and may use its list at its discretion.
7. Waiver
GAIN reserves its right to insist on compliance with these Terms and Conditions, or with any applicable laws governing the conduct of business in the respective countries. Any failure by the Company to exercise any rights stated in these Terms and Conditions, or any failure to insist upon strict compliance, shall not constitute a waiver of its right to demand exact compliance therewith. The IBO acknowledges this agreement is legal and binding and should seek legal counsel. By agreeing to the Terms and Conditions of this agreement the IBO waives this right.
It shall constitute an integral part of these Terms and Conditions any Regulation, Instruction, Condition and/or Policies including, Direct Purchase Bonus, New Business Startup, Travel Incentive Trip policy issued by GAIN or that which may be issued/amended from time to time in GAIN’s website, releases, bulletins and/or any other publication thereof. Any waiver by GAIN can only be effected in contracts or agreements specified in writing by an authorized GAIN officer.
8. Authorization and Contract
By executing the Global Advertising Internet Network IBO Agreement you apply for legal authorization to become a Global Advertising Internet Network Independent Business Owner (IBO) with Global Advertising Internet Network. You acknowledge that prior to signing you have received, read and understood the GAIN Policies and Procedures, which are incorporated into this Agreement and made part of it as if restated in full and the Income Disclosure Statement. Additionally you acknowledge that you read and agree to all the terms set forth in this Agreement. GAIN reserves the right to reject any application for any reason within 30 days of receipt and or upon proven unethical marketing and criminal activity during the term of engagement.
9. Expiration, Renewal, and Termination
The term of this Agreement is one year (subject to prior cancellation or disqualification as provided in the Policies and Procedures). If you fail to annually renew your GAIN business, or if it is cancelled or terminated for any reason, you understand that you will permanently lose all rights as an IBO. You shall not be eligible to sell GAIN products and services nor shall you be eligible to receive royalties, bonuses, or other income resulting from the activities of your former personally introduced down-line sales organization. In the event of cancellation, termination, or nonrenewal, you waive all rights you have, including but not limited to property rights, to your former personally introduced down-line organization and to any bonuses, commissions or other remuneration derived through the sales and other activities of your former down-line organization or their membership plans. GAIN reserves the right to terminate all IBO Agreements upon a 30 day notice if the Company elects to: (1) cease business operations; (2) dissolve as a business entity; or (3) terminate distribution of its products and/or services via direct selling channels. An IBO may cancel this Agreement at any time, and for any reason, upon written notice to GAIN at its principal business address. GAIN may also take actions short of termination of the Agreement, if the GAIN IBO breaches any of its provisions.
10. Independent Contractor Status
You agree this authorization does not make you an employee, agent, or legal representative of GAIN or your Sponsoring IBO. As a self-employed independent contractor, you will be operating your own independent business, buying and selling products available through GAIN on your own account. You have complete freedom in determining the number of hours that you will devote to your business, and you have the sole discretion of scheduling such hours. You will receive IRS Form 1099-MISC reflecting the amount of income paid to you during the calendar year. It will be your sole responsibility to account for such income on your individual income tax returns.
11. Presenting the Pay It Forward Donation Plan
You agree when presenting the GAIN Donation Plan to present it in its entirety as outline in the official GAIN materials, emphasizing that sales to end consumers are required to receive compensation in the form of product sales and weekly subscriptions on personally introduced down-line performance. In presenting the plan to prospects, you agree not to utilize any literature, materials or aids not produced or specifically authorized in writing by GAIN. You agree to instruct all prospective IBOs to review the GAIN Income Disclosure Statement.
12. Selling Product
You agree to make no representations or claims about any products beyond those shown on official GAIN literature other than your own listed items. You further agree to sell or promote products available through GAIN only authorized territories.
13. GAIN Proprietary Information and Trade Secrets
You recognize and agree that, as further set forth in the Policies and Procedures, information compiled by or maintained by GAIN, including Line of Sponsorship (LOS) information (i.e., information that discloses or relates to all or part of the specific arrangement of sponsorship within the GAIN business including, without limitation, IBO lists, sponsorship trees, and all GAIN IBO information generated therefrom, in its present or future forms), constitutes a commercially advantageous, unique and proprietary trade secret of GAIN, which it keeps as proprietary and confidential and treats as a trade secret. During the term of your contract with GAIN, GAIN grants you a personal, non-exclusive, non-transferable and revocable right to use the trade secret, confidential and proprietary business information (Proprietary Information), which includes, without limitation, LOS information, business reports, manufacturing and product developments, and IBO sales, earnings and other financial reports to facilitate your GAIN business.
14. Non-Competition Agreement
In accordance with the Policies and Procedures, you agree that during the period while you are an IBO, and for six months following resignation, non-renewal, or termination of your GAIN business, you will not compete with GAIN. This covenant shall survive the expiration or termination of your authorization and contract with GAIN.
15. Non-Solicitation Agreement
In accordance with the Policies and Procedures, you agree that during the period while you are an IBO, and for one calendar year following resignation, non-renewal, or termination of your GAIN business, you will not encourage, solicit or otherwise attempt to recruit or persuade any other GAIN IBO to compete with the business of GAIN.
16. Images/ Recordings / Consents
You agree to permit GAIN to obtain photographs, videos and other recorded media of your likeness. You acknowledge and agree to allow any such recorded media to be used by GAIN for any lawful purpose, and without compensation.
17. Modification of Terms
The terms of this Agreement may be modified as specified in Rule 1 in the Policies and Procedures.
18. Jurisdiction and Governing Law
The formation, construction, interpretation, and enforceability of your contract with GAIN as set forth in this IBO Agreement and any cooperative documents shall be governed by and interpreted in all respects under the laws of New Zealand without regard to conflict of law provisions.
19. Fax & Email Copy
A faxed or email scanned copy of the Agreement shall be treated as an original in all respects.
20. Dispute Resolution
All disputes and claims relating to GAIN, its products and services, the rights and obligations of an IBO and GAIN, or any other claims or causes of action relating to the performance of either an IBO or GAIN under the Agreement or the GAIN Policies and Procedures shall be settled totally and finally by arbitration as enumerated in the Policies and Procedures in Auckland, New Zealand or such location as GAIN prescribes, in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the New Zealand Arbitration Association, except that all parties shall be entitled to discovery rights allowed under Federal Rules of Civil procedure. This agreement to arbitrate shall survive any termination or expiration of the Agreement. Nothing in the Agreement shall prevent GAIN from applying to and obtaining from any court having jurisdiction a writ of attachment, garnishment, temporary injunction, preliminary injunction, permanent injunction, or other equitable relief available to safeguard and protect its interest prior to, during or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceedings.
21. Jurisdiction
The parties consent to jurisdiction and venue before any federal or state court in Auckland, New Zealand for purposes of enforcing an award by an arbitrator or any other matter not subject to arbitration. New Zealand residents: notwithstanding the foregoing, New Zealand residents may bring an action against Global Advertising Internet Network with jurisdiction and venue as provided by New Zealand law.
22. Time Limitation
If an IBO wishes to bring an action against GAIN for any act or omission relating to or arising from the Agreement, such action must be brought within one year from the date of the alleged conduct giving rise to the cause of action. The IBO waives all claims that any other statutes of limitations apply.
23. Miscellaneous
If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the balance of the Agreement will remain in full force and effect. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument. The provisions of this Agreement, including all documents incorporated herein by reference, embody the whole agreement between you and GAIN and supersede any prior agreements, understandings and obligations between you and GAIN concerning the subject matter of your contract with GAIN.
I consent to the use of electronic records and have read, understand and agree to the Global Advertising Internet Network IBO Agreement, including the Terms and Conditions, Policies and Procedures, Rules and Regulations, Ethical Marketing, Disclaimers, Business and Compensation Plan.

Disclaimers
Ownership Disclaimer
Global Advertising Internet Network Limited or otherwise herein known as GAIN Limited, (the "Company" or "we") owns and maintains this site. You are hereby granted a limited, non-exclusive license to view the materials on this site, to download one copy of the materials on any single computer and to print a reasonable number of copies of the materials, solely for your personal, non-commercial use. You may not remove any copyright, trademark or other proprietary notices from any copies of the site that you make. Nothing at this site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any image, trademark, logo or service mark at the site. No act of downloading or otherwise copying from this site will transfer title to any software or material at this site to you. You may not decompile, reverse engineer, disassemble, or otherwise reduce any computer files obtained from the site to a human-perceivable form. The Company reserves all rights with respect to copyright and trademark ownership of all material at this site. Except as specifically provided in these Terms of Use, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or other materials on, or services obtained from, this site. 
 
Transactions Disclaimer
Certain products or services may be offered for sale on the Sites. In the event you wish to purchase or to subscribe for any of these products or services, you will be asked by the Company or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit or debit card information. You agree to provide the Company or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes and if applicable exchange rates. 
 
Copyright Policy
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by this site infringe your copyright, you or your agent may send to the Company a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon the Company actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to the Company a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright  for details. The Company’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached at gain2u.nz@gmail.com
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.   
 
Fair Use Act Disclaimer
Copyright Disclaimer under section 107 of the Copyright Act 1976, allowance is made for “fair use” for purposes such as criticism, comment, news reporting, teaching, scholarship, education and research.
Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of fair use. FAIR USE DEFINITION: http://en.wikipedia.org/wiki/Fair_use Fair use is a doctrine in the United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as for commentary, criticism, news reporting, research, teaching or scholarship. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author’s work under a four-factor balancing test. The term “fair use” originated in the United States. A similar principle, fair dealing, exists in some other common law jurisdictions. Civil law jurisdictions have other limitations and exceptions to copyright. U.S. COPYRIGHT OFFICE- FAIR USE DEFINITION http://www.copyright.gov/fls/fl102.html one of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies or phone records. This right is subject to certain limitations found in sections 107 through 118 of the copyright law (title 17, U.S. Code). One of the more important limitations is the doctrine of “fair use”. The doctrine of fair use has developed through a substantial number of court decisions over the years and has been codified in section 107 of the copyright law. Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out in four factors to be considered in determining whether or not a particular use is fair: The purpose and character of the use, including whether such use is of commercial nature or is for non-profit educational purposes The nature of the copyrighted work The amount and substantiality of the portion used in relation to the copyrighted work as a whole The effect of the use upon the potential market for, or value of, the copyrighted work The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission. The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.” Copyright protects the particular way an author has expressed himself. It does not extend to any ideas, systems, or factual information conveyed in the work.
 
Technical Disclaimer/No Warranty
The materials at this site are provided "as is" without warranty of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law. Your use and browsing of this site is at your own risk. The Company further assumes no responsibility for, and makes no warranties that this site will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes it available will be free of viruses or other harmful components. The Company shall not be liable for any damages to, viruses that may infect, or services, repairs or corrections that must be performed, on your computer or other property on account of your accessing or use of this site. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you. 
 
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall the Company be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if the Company has been advised of the possibility of such damages. In no event shall the Company have any liability to you for damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) for accessing this site. 
 
Legal Disclaimer
This website may only be used for lawful purposes and may not be used in any way to harm another person. You may not use the website in violation of GAIN compliance regulations.
You may not false advertise, make inappropriate claims, provide obscenity, or create spam using this website in any way. Spam includes:
1) sending unsolicited e-mail messages or web addresses to online users,
2) posting messages that contain this website address in newsgroups that are unrelated to our products and services
3) creating false advertising.
You may not gain any illegal or unauthorized access to information or other computers or networks from this site. You may not assist or permit any person to engage in any named violations.
 
Earnings Disclaimer
 

  1. While we make every effort to ensure that we accurately represent all the products and services reviewed on this website and their potential for income, it should be noted that earnings and income statements made by gain2unetwork.com and its advertisers / sponsors are estimates only of what we think you can possibly earn.
  2. There is no guarantee that you will make these levels of income and you accept the risk that the earnings and income statements differ by individual.
  3. As with any business, your results may vary, and will be based on your individual capacity, business experience, expertise, and level of desire.
  4. There are no guarantees concerning the level of success you may experience.
  5. The testimonials and examples used are exceptional results, which do not apply to the average purchaser, and are not intended to represent or guarantee that anyone will achieve the same or similar results.
  6. Each individual’s success depends on his or her background, dedication, desire and motivation.
  7. There is no assurance that examples of past earnings can be duplicated in the future.
  8. We cannot guarantee your future results and/or success.
  9. There are some unknown risks in business and on the internet that we cannot foresee which could reduce results you experience.
  10. We are not responsible for your actions.
  11. The use of our information, products and services should be based on your own due diligence and you agree that gain2unetwork.com and the advertisers / sponsors of this website are not liable for any success or failure of your business that is directly or indirectly related to the purchase and use of our information, products and services reviewed or advertised on this website.
  12. There is no promise or representation that you will make a certain amount of digits, or any digits, or not lose digits, as a result of using our products and services.
  13. Any pay-it-forward donations are strictly estimates.
  14. There is no guarantee that you will make these levels for yourself.
  15. As with any business, your results will vary and will be based on your personal abilities, experience, knowledge, capabilities, level of desire, and an infinite number of variables beyond our control, including variables we or you have not anticipated.
  16. There are no guarantees concerning the level of success you may experience.
  17. Each individual's results will vary.
  18. There are unknown risks in any business, particularly with the Internet where advances and changes can happen quickly.
  19. The use of our information, products and services should be based on your own due diligence and you agree that we are not liable for your success or failure in any manner whatsoever.


Omissions Policy
While GAIN and CONG has made every endeavor to supply accurate information, errors and omissions may inadvertently occur from time to time. We cannot offer any guarantee or warranty as to the truth, accuracy, detail or extent of the description contained within each or any listing or link. Accordingly, GAIN and CONG accepts no responsibility for any loss or inconvenience occasioned by any person or organization either acting upon or refraining to act upon a particular course of action as a result of the material contained within our site pages or the links they may provide.
GAIN and CONG will welcome notice of error, omission or inaccuracy. Where such an error or omission or inaccuracy arises within this site and is duly, properly and authoritatively notified as being such, GAIN and CONG undertakes to correct, alter or include the appropriate information with a minimum of delay. In keeping with that undertaking, GAIN and CONG reserves its right to amend, alter, insert or delete any information, image or graphical representation contained in this site, with or without prior notice.
 
Website Usage Disclaimer
This website is owned and operated by Global Advertising Internet Network LTD hereinafter named GAIN, and may contain advertisements, sponsored content, paid insertions, affiliate links or other forms of digitization. GAIN abides by word of mouth marketing standards. We believe in honesty of relationship, opinion, and identity. The compensation received will not influence the advertising content, topics or posts made. That content, advertising space or post will be clearly identified as paid or sponsored content. GAIN is never directly compensated to provide opinion on products, services, websites and various other topics. The views and opinions expressed on this website are purely those of the authors. If we claim or appear to be experts on a certain topic or product or service area, we will only endorse products or services that we believe, based on our expertise, are worthy of such endorsement. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer or provider. This site does not contain any content which might present a conflict of interest. The content, services, information and access to the site are provided “as is” and without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, and non-infringement. GAIN makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the content contained on this website or any sites linked to or from this site.
Information about products not manufactured by GAIN or independent websites not controlled or tested by GAIN is provided without recommendation or endorsement. GAIN assumes no responsibility with regard to the selection, performance, or use of third-party websites or products. GAIN makes no representations regarding third-party website accuracy or reliability. Risks are inherent in the use of the Internet. Contact the vendor for additional information. Other company and product names may be trademarks of their respective owners.
If you have any questions regarding this policy or your dealings with our website, please contact us by sending us a message through our contact form. 
 
PRIVACY POLICY
1. Application
Global Advertising Internet Network Limited and Coffee Outbreak Network Group Limited (referred to as "GAIN", "CONG", “we”, “our”, or “us”) is committed to protecting the privacy of any personal information of the user (referred to as “you” or “your”) may provide us whether in person or via our website.
This policy applies to our treatment of your personal information, when collected by us when you enter or use our website. By continuing to use this website, you unconditionally consent to us dealing with your personal information in the manner set out in this Privacy Policy.
This Privacy Policy is governed by New Zealand law and is subject to (and must be read in conjunction with) our Terms and Conditions of Use.
We may, from time to time, collect information about identifiable individuals (“personal information”). All personal information that you supply to us through this website will be handled and saved according to the provisions of the New Zealand Privacy Act 1993 (“Privacy Act”).
 
2. Collection of your personal information
 
We may collect personal information about you, directly from you, when you use this website or deal with us over the telephone or by letter or e-mail. You may voluntarily provide us with your personal information to enable us to provide you with information or services, respond to your enquiries, or carry out a transaction that you have requested. Personal information collected by us may include your name, title, company name, email address, telephone number, postal or physical address, product preferences, or other personal information.
The privacy of your customer data, orders and credit cards are important to us. We will not disclose or sell your customer data to any third party. We will only send you email newsletters if you explicitly opt in.
Credit card details are not stored anywhere on our servers nor in our premises. Your credit card details are processed in real time by an independent payment gateway authorized by our bank, using secure encryption.
There are various situations in which we may request you to provide personal information to us, including when you:
(a) complete forms on this website (including surveys, search forms, competition entry forms, registration forms, and order forms)
(b) create, modify, or use any accounts or registered user facilities available through this website
(c) send messages using this website (for example, when you ask us a question)
Except for information collected automatically, we will not attempt to collect personal information about you without your knowledge. In most circumstances, you can use this website without telling us who you are or revealing any personal information about yourself. You may decide not to provide your personal information to us. However, if you do not provide your personal information (or if you provide incorrect personal information), we might not be able to provide you with access to certain information, products or services.
Where we collect personal information about you from a third party source, we will take reasonable steps to make you aware of such collection and to make you aware of the purposes for which we are collecting your personal information from that third party source.
 
3. Automated collection
When you visit this website, we may use automated tools and methods (such as cookies, sessions and website statistics software) to collect certain information about your visit, including:
(a) the internet protocol address and host name used by your computer to connect to this website
(b) the operating system and the browser your computer uses
(c) the search engine or inbound hyperlink you used to reach this website
(d) the date, time and duration of your visit
(e) the pages viewed by you
This information will be used (in aggregate form only) to analyze how this website is being used (for example, to improve the content and performance of this website). Except as set out in this Privacy Policy, we will not disclose this information other than in aggregate form.
We may gather more extensive information if we are concerned, for example, about abnormal website usage patterns or website security breaches.
 
4. Cookies
This website may use cookies to provide you with certain services or functionality. Cookies are small pieces of information stored on your computer’s hard drive, which may be used to identify you as an individual user of this website. We use cookies to:
(a) personalize your visits to this website
(b) enable us to improve the content, reliability and functionality of this website
(c) enable you to use certain services or functionality
(d) evaluate the effectiveness of the advertising on this website
(e) track website usage patterns
Accepting a cookie will not give us access to any data on your computer other than the data stored in the cookie. Although you may configure your web browser to not accept cookies, you may experience a loss of functionality as a result.
 
5. Use and disclosure
The personal information we collect from all users, will be used to operate this website and to provide services you have authorized or requested. This includes affiliated business advertisers you use or we market to you. We may also use personal information collected by us to:
(a) respond to any questions or correspondence from you
(b) improve this website and any related services
(c) monitor the quality and standard of services provided by any Global Advertising Internet Network Limited and Coffee Outbreak Network Group Limited franchisee
(d) carry out internal research and development
(e) provide you with information about a service that you are using (including critical updates and announcements)
(f) eliminate the need for you to repeatedly enter the same information
(g) customize this website to suit your particular preferences and interests
(h) where you create a message using this website (for the purpose of sending that message to us or to any other recipient specified by you), send that message
(i) analyze website usage, trends and statistics
(j) verify your identity or to provide you with a replacement password when you forget your username or password for any account you have with us
(k) supply you with further information concerning products and services which may be of interest to you
(l) carry out any other use that is authorized by you or is notified to you at the time of collection
We will not sell or lease your personal information. We will not disclose your personal information except in accordance with this Privacy Policy (and in accordance with the Privacy Act). We may use or disclose your personal information if you have authorized us to do so, or in any of the following circumstances:
(a) we have given you notification of the intended use or disclosure and you have not objected to that use or disclosure
(b) we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for national security in the performance of their functions
(c) we believe that the use or disclosure is reasonably necessary to enforce any legal rights we may have, or is reasonably necessary to protect the rights, property and safety of you, us, or others
(d) we are required or permitted by law to disclose the information
 
6. Unsubscribing
Where you have requested or authorized us to send you messages (for example, newsletters and information concerning products and services which may be of interest to you) you can request us to stop sending you such messages by taking any one of the following steps:
(a) using the unsubscribe feature (if present) in any such message
(b) if you are a registered user of this website, logging in to your account and updating the appropriate preferences (if available) for that account
(c) contacting our office at gain2u.nz@gmail.com. Once we have received your request we will, as soon as is practicable, comply with that request.
 
7. Personal Information About Other People
You must not provide personal information to us about another person, unless that person has authorized us, through you, to collect, use and disclose personal information about that person, for the purposes described in this Privacy Policy.
 
8. Access and Correction
Where we hold your personal information in such a way that it can readily be retrieved, you are entitled to request access to that information or to obtain our confirmation of whether we hold that information. We may require that you meet our reasonable costs of supplying this information to you. If we are unable to meet your request for access, we will let you know why.
If we refuse to provide you with access to your personal information, we will provide you with reasons for the refusal, in accordance with the requirements of the Privacy Act.
It is important to us that your personal information held by us is accurate, complete and current. If you are a registered user of this website, you may log in to your account and (functionality permitting) update your personal information.
To request access to, or correction of, your personal information held by us, you may contact our privacy officer.
 
9. Storage and security
Where we store your personal information will depend on the nature and purpose of the information and the manner in which you supply it to us. We may hold your personal information at Global Advertising Internet Network Limited and Coffee Outbreak Network Group Limited, 605b Great South Road, Manukau City, Auckland 2104, New Zealand
No data transmissions over the internet can be guaranteed as completely secure. Accordingly, we cannot warrant or guarantee the security of information transmitted from or to you. Once we have received your personal information, we will use reasonable efforts to protect that information against loss or misuse and against unauthorized access, use, modification, or disclosure.
 
10. Third Party Websites
This website may contain hyperlinks to third party websites. We are not responsible for the content of third party websites, or the manner in which those websites collect, store, use, and distribute any personal information you provide. When visiting a third party websites from hyperlinks on this website, we encourage you to review the privacy statements of those website so that you can understand how the personal information you provide will be collected, stored, used and distributed.
 
11. Changes
We reserve the right, at our discretion, to update or revise this Privacy Policy at any time. Changes to this Privacy Policy will take effect immediately once they are published on this website. Please check this Privacy Policy regularly for modifications and updates. By continuing to use this website or providing any personal information after we publish changes to this Privacy Policy, you agree to be bound by this Privacy Policy as revised.
 
PRIVACY POLICY (In-depth)
This Privacy Policy describes GAIN and CONG's policies and procedures on the collection, use and disclosure of your information when you use the GAIN and CONG Service. This Privacy Policy does not apply to information we collect by other means (including offline) or from other sources. Capitalized terms that are not defined in this Privacy Policy have the meaning given them in our Terms of Use.
 
1. Information Collection and Use
GAIN and CONG uses information we collect to connect users with others in their networks, analyze how the Service is used, diagnose service or technical problems, maintain security, personalize content, remember information to help you efficiently access your account, monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns, and track User Content and users as necessary to comply with the Digital Millennium Copyright Act and other applicable laws.
 
2. User-Provided Information
You provide us information about yourself, such as your name, e-mail address, and names of individuals in your online networks, if you sign up for an account with the Service (including by adding a GAIN and CONG application on or connecting to the Service through a third-party service). Your name and other information you choose to add to your profile will be available for public viewing on the Service. We may use your email address to send you Service-related notices (including any notices required by law, in lieu of communication by postal mail). You can control receipt of certain Service-related messages on your Settings page. We may also use your contact information to send you marketing messages. If you do not want to receive such messages, you may opt out by following the instructions in the message. If you correspond with us by email, we may retain the content of your email messages, your email address and our responses. We use information about your online networks and activities to connect you to others in your networks who we think may be of interest to you in connection with your use of the Service.
You also provide us information in User Content you post to the Service and features you use on the Service, such as endorsements. User Content you post to public areas of the Service and public actions you take on the Service may be publicly viewed on the Service and on the worldwide web.
The Service may permit you to invite friends to join the Service. If you choose to do so, we will use the email addresses and names you provide to send such invitations, and store this information to register your friends if your invitation is accepted and to track the success of our invitation service.
You consent to have your information shared with service providers and to be contacted by them by telephone or email, even if you have previously listed yourself on any corporate, state, or federal "do not call" list.
 
3. Cookies
When you visit the Service, we may send one or more "cookies" - a small data file - to your computer to uniquely identify your browser and let CONG help you log in faster and enhance your navigation through the site. A cookie may convey anonymous information about how you browse the Service to us, but does not collect personal information about you. A persistent cookie remains on your hard drive after you close your browser so that it can be used by your browser on subsequent visits to the Service. Persistent cookies can be removed by following your web browser's directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Service may not function properly if the ability to accept cookies is disabled.
 
4. Log Files
Log file information is automatically reported by your browser each time you access a web page. When you use the Service, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, referring / exit pages and URLs, number of clicks, domain names, landing pages, pages viewed, and other such information.
 
5. Clear Gifs Information
When you use the Service, we may employ clear gifs (also known as web beacons) which are used to track the online usage patterns of our users anonymously. No personally identifiable information from your GAIN and CONG account is collected using these clear gifs. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened by recipients. The information is used to enable more accurate reporting and make GAIN and CONG better for our users.
 
6. Third Party Services
GAIN and CONG uses third party analytics services to help understand use of the Service. These services collect the information sent by your browser as part of a web page request, including cookies and your IP address. Use of this information by each respective third party analytics service is governed by its privacy policy.
 
7. How We Share Your Information
A. Personally Identifiable Information
GAIN and CONG may share your personally identifiable and other information in connection with GAIN and CONG's business, subject to any restrictions on disclosure imposed by the source from which you permitted GAIN and CONG to collect the data (for instance, a social networking service). Examples of ways we might share your information include to connect you with opportunities we think may be of interest to you, or to share information about your activities on GAIN and CONG back to your networks. The Service may provide user settings that apply to certain types of information sharing. We may change the features and functionality of such settings from time to time. We cannot control third parties' use of your information.
In addition, GAIN and CONG may share your personally identifiable information with our third party business partners for the purpose of providing the Service to you. If we do this, such third parties' use of your information will be bound by this Privacy Policy. We may store personal information in locations outside the direct control of GAIN and CONG (for instance, on servers or databases co-located with hosting providers).
As we develop our business, we may buy or sell assets or business offerings. Customer, email, and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer or assign such information in the course of corporate divestitures, mergers, or dissolution.
GAIN and CONG may disclose your personal information if required to do so by law or subpoena or if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect GAIN and CONG's rights or property.
 
B. Non-Personally Identifiable Information
We may share non-personally identifiable information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to help them understand the usage patterns for certain GAIN and CONG services.
GAIN and CONG may allow third-party ad servers or ad networks to serve advertisements on the Service. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on GAIN and CONG. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or web beacons) to measure the effectiveness of their advertisements and to personalize the advertising content. GAIN and CONG does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent. However, please note that if an advertiser asks GAIN and CONG to show an advertisement to a certain audience and you respond to that advertisement, the advertiser or ad server may conclude that you fit the description of the audience they are trying to reach. In addition, third-party advertisers may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here. The GAIN and CONG Privacy Policy does not apply to, and we cannot control the activities of, third-party advertisers. Please consult the respective privacy policies of such advertisers for more information.
 
8. How We Protect Your Information
GAIN and CONG uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement any privacy settings on the Service. We cannot, however, ensure or warrant the security of any information you transmit to GAIN and CONG or guarantee that your information on the Service may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
In the event that personal information is compromised as a result of a breach of security, GAIN and CONG will promptly notify those persons whose personal information has been compromised, in accordance with the notification procedures set forth in our Terms of Use, or as otherwise required by applicable law.
 
9. Your Choices About Your Information
You may, of course, decline to submit personally identifiable information through the Service, in which case GAIN and CONG may not be able to provide certain services to you. You may update or correct your account information and email preferences at any time by logging in to your account.
 
10. Children's Privacy
Protecting the privacy of young children is especially important. GAIN and CONG does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register with the Service unless their membership is accompanied by a parent consent form. If we become aware that we have collected personal information from a child under age 13 without verification of parental consent, we take steps to remove that information.
 
11. Links to Other Websites
We are not responsible for the practices employed by websites linked to or from the Service, nor the information or content contained therein. Please remember that when you use a link to go from the Service to another website, our Privacy Policy is no longer in effect. You’re browsing and interaction on any other website, including those that have a link on our website, is subject to that website's own rules and policies.
 
12. Changes to Our Privacy Policy
If we change our privacy policies and procedures, we will post those changes on this page to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it. Changes to this Privacy Policy are effective when they are posted on this page.
If you have any questions about this Privacy Policy, please contact us at gain2u.nz@gmail.com or send mail to: GAIN and CONG, Attention: Privacy, 605/B Great South Road, Manukau City, Auckland 2104, New Zealand.


BOOKING APPOINTMENTS & TIME SCHEDULES
Reservation Policy
To Reserve a booking and scheduling a time remains a FIRM Appointment with a Consultant or Advocate Member from GLOBAL ADVERTISING INTERNET NETWORK and the GAIN GROUP OF COMPANIES. Please ensure you can meet your obligations to an arrangement of our SERVICES. As expected many people will be trying to book in and schedule time for this unique turn-key business opportunity. Please ensure you can meet your obligations to an arrangement of our SERVICES. As expected many people will be trying to book in and schedule time for this unique turn-key business opportunity. We hope you understand.
 
Payment Policy
Payments are made by CREDITS. GLOBAL ADVERTISING INTERNET NETWORK and the Affiliate Partners of the GAIN GROUP OF COMPANIES declares that we are NOT a Finance Company, Investment and Insurance Advisor, nor do we claim to OFFER Finance. We are Global Advertising Sales & Marketing Company with Affiliate Membership Referrers supporting their Community with Crowd Funding and addressing a humanitarian project of homeless, poverty, children & elderly care.
 
Cancellation Policy
 When you make a Cancellation you will forfeit your entire Fee that has been paid in ADVANCE, so there is NO REFUNDS. However, we understand that unforeseen circumstances do occur and we will make allowances to re-schedule an appointment at a suitable time for both you and our Consultants and Advocacy Group Members. To re-schedule you would be given the opportunity to a 50% Discount Rebate on your NEXT Fee payment. This charge is to compensate our Consultants or Advocacy Group Members for ANY loss of time and income as they are compensated a percentage of each Fee. Please ensure you can meet your obligations to an arrangement of our SERVICES. As expected many people will be trying to book in and schedule time for this unique turn-key business opportunity. We hope you understand.
 
General Service Policy
 A 24 hour notice is required to cancel or change your appointment. Please contact us directly to cancel. This can be done a number of ways;

Kingdom of God on Earth - Te Whare Matamuatanga o Io Aotearoha Kawanatanga
Universal Declaration of Human Rights
United Nations Declaration on the Rights of Indigenous Peoples
International Labour Organization Convention - ILO Convention 169
World Intellectual Property Organization - WIPO
Intellectual Property?
 

  1. TERMS AND CONDITIONS

    Welcome to Global Advertising Internet Network and GAIN Global Trader, New Zealand's own online trading community. These terms and conditions are intended to help keep Global Advertising Internet Network and GAIN Global Trader a safe place to trade.

    1.1 Acceptance of terms and conditions: The terms and conditions are the terms on which Global Advertising Internet Network and GAIN Global Trader Foundation offers you access to the Services and the Website. By registering as a member of Global Advertising Internet Network and GAIN Global Trader you accept these terms and conditions, including Terms and Conditions and Terms of Use. If you do not accept these terms and conditions, you must refrain from using the Services.

    1.2 Amendment of terms and conditions: As Global Advertising Internet Network and GAIN Global Trader operates in a changing commercial, technological and regulatory environment, we may amend these terms and conditions from time to time. Unless otherwise stated, amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended.

    These terms and conditions were last updated 1 July, 2019.

    1.3 Terminology: In these terms and conditions, the following expressions have the meanings set out:

    'item', 'items' means goods or property that may be bought or sold through the auction or classified process;
    'member' means a registered member of Global Advertising Internet Network and GAIN Global Trader;
    'Member Service(s)' means a trade or business service that has been advertised by a Global Advertising Internet Network and GAIN Global Trader member in the Services Category;
    'Services' means any one or more of the services offered by Global Advertising Internet Network and GAIN Global Trader Foundation from time to time, including online auctions, classifieds, message boards, sms alerts and any other service that Global Advertising Internet Network and GAIN Global Trader may offer;
    'Services Category' means the category on the Global Advertising Internet Network and GAIN Global Trader homepage where members can list services;
    'we', 'us' and 'our' are a reference to Global Advertising Internet Network and GAIN Global Trader Foundation;
    'you' and 'your' are a reference to you;
    'Website' means any Global Advertising Internet Network and GAIN Global Trader website through which the services are offered;
    'listing' means a listing on the Website through which you offer, negotiate, buy, sell or advertise any item, service or job, whether by auction or classified;
    'seller' includes any person placing a listing.
  2. SPECIFIC WARNINGS

    2.1 The Services: Global Advertising Internet Network and GAIN Global Trader provides a venue to introduce members who want to buy and sell items or to advertise and find jobs and Member Services. Global Advertising Internet Network and GAIN Global Trader does not take any part in the sale of items other than by providing our Website as a venue for members. If a bid is accepted by a seller, a contract of sale will be formed between the buyer and the seller directly. We do not act as agent for either party and do not participate in any sale or transaction between you and other members, including where you use the credit card service. If you use the credit card service, we simply pass on payments made by one member to another in the form of credit-euro energy exchange current-see to their back-office e-wallet balance that can be used on the Global Advertising Internet Network and GAIN Global Trader platform(s). As a result, even though some of the Services are being referred to as an auction, Global Advertising Internet Network and GAIN Global Trader is not an auctioneer (whether under the Auctioneers Act 1928 or otherwise). Global Advertising Internet Network and GAIN Global Trader also provides a Services Category venue where members can be connected with trades people and service providers. Restrictions for using the Services Category are outlined in the Member Services Category Policy.

    2.2 At your own risk: Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that Global Advertising Internet Network and GAIN Global Trader takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretenses or who attempt to defraud you. Global Advertising Internet Network and GAIN Global Trader gives no undertakings, representations, or warranties in relation to items sold or listed on the Website, or Member Services advertised or offered through the Services Category including:
    1. about ownership of any item;
    2. as to the content, safety, description, worthiness, quality, or legality of the items or Member Services that are listed on the Website;
    3. as to the accuracy or truth of listings;
    4. that any item, or Member Service listed in the Services Category, will meet your requirements or expectations; or
    5. about the ability of members to complete a transaction, including credit card transactions.

2.3 Disclaimer: You expressly understand and agree that:

  1. Your use of the Services is at your sole risk. The Website and Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting clause 2.2, Global Advertising Internet Network and GAIN Global Trader disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
  2. where Member Services are offered in the Services Category, Global Advertising Internet Network and GAIN Global Trader disclaims and excludes liability for any guarantees that a Member Service will be carried out with reasonable care and skill, fitness for a particular purpose, time of completion or price for the provision of a Member Service;
  3. Global Advertising Internet Network and GAIN Global Trader does not warrant that i) the Services provided will be uninterrupted, timely, secure, or error free, or ii) that any information (including feedback) provided on the Website is error-free or reliable;
  4. no advice or information that is obtained by you from Global Advertising Internet Network and GAIN Global Trader or anyone else shall create any warranty by Global Advertising Internet Network and GAIN Global Trader that is not expressly stated in the terms and conditions; and
  5. Responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute Global Advertising Internet Network and GAIN Global Trader's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
  6. While Global Advertising Internet Network and GAIN Global Trader may facilitate payment for some items by credit card, Global Advertising Internet Network and GAIN Global Trader is in no way involved in the transaction itself, and responsibility for any refund rests with the seller.
  7. Global Advertising Internet Network and GAIN Global Trader encourages users to top-up their internal e-wallet balances to make payments internally as we transact in credit-euro energy exchange current-see and not fiat currency debt instruments. A minimum recommended balance is €100 Euro Dollars for 100 Credit-Euro. Abuse of this service may cause account losses and suspension to remedy or termination entirely from the Global Advertising Internet Network and GAIN Global Trader platform(s).
  8. While Global Advertising Internet Network and GAIN Global Trader has systems in place to reduce the risk of credit card fraud, Global Advertising Internet Network and GAIN Global Trader is not responsible for protecting members from credit card fraud. Global Advertising Internet Network and GAIN Global Trader's fraud protection systems may from time to time block legitimate credit card payments. In these cases payment will need to be made by other means.


2.4 Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Global Advertising Internet Network and GAIN Global Trader to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, another Member's acts or omissions, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Global Advertising Internet Network and GAIN Global Trader's liability and responsibility is excluded in respect of any and all loss or damage, delay of funds or transfer of credit-euro energy exchange current-see, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.

2.5 Indemnity: You agree to release, indemnify and keep indemnified, Global Advertising Internet Network and GAIN Global Trader from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction, your use of Global Advertising Internet Network and GAIN Global Trader's message boards, your sale or attempted sale of an item prohibited under clause 4.2(e), or arising out of any content or item you submit, post, transmit, or make available through the Services.

2.6 Breach: Without limiting any other rights and remedies available to Global Advertising Internet Network and GAIN Global Trader, Global Advertising Internet Network and GAIN Global Trader may limit your activities on the Website, remove your bids, listings or other content, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our Services to you if you breach these terms and conditions or where Global Advertising Internet Network and GAIN Global Trader considers it appropriate.

2.7 Additional rules: In addition to the terms and conditions set out in this document, the Banned and Restricted Items listListing PoliciesJob Listing PoliciesMessage Board Policy and Member Services Category Policy form part of these terms and conditions.

3. BECOMING A MEMBER

3.1 Becoming a Member: Becoming a member is free unless you are joining the Affiliate Referral Program. You may register as a member if you are resident of the Universal realm and can form a legally and lawfully binding contract that is enforceable against you. You must be at least 18 years old. By registering as a member, you warrant that you can form a legally and lawfully binding contract.

3.2 Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by Global Advertising Internet Network and GAIN Global Trader to ensure it is kept current at all times. Global Advertising Internet Network and GAIN Global Trader may phone or mail you to verify these details. You must not register as a member under multiple identities or personas (whether false or not). However, at Global Advertising Internet Network and GAIN Global Trader's discretion, you may create a business membership in addition to your personal membership.

3.3 Termination of membership: Global Advertising Internet Network and GAIN Global Trader reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, Global Advertising Internet Network and GAIN Global Trader may terminate your membership if a serious complaint or multiple complaints are received about you from other members, if you breach these terms and conditions, if you impersonate another member, or if we, at our sole discretion, deem your behavior to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled. In the event of termination, you also agree that you will not open or attempt to open any new Global Advertising Internet Network and GAIN Global Trader memberships. You may at any time close your Global Advertising Internet Network and GAIN Global Trader membership by giving us three days' notice in writing. If you close your membership, or if it is terminated by Global Advertising Internet Network and GAIN Global Trader, your ability to use the Global Advertising Internet Network and GAIN Global Trader website will end. To the extent that you continue to access the site, clauses 2.2-2.5, 4.1 and 6.8 of these terms continue to apply.

3.4 Security of your login information: You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:

  1. not to permit any other person to use your user name or membership; and
  2. not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow them to gain access to your membership.


3.5 Emails and newsletters: Global Advertising Internet Network and GAIN Global Trader will send you emails relating to your membership, transactions and other activities on the Website, and for promoting and marketing other Global Advertising Internet Network and GAIN Global Trader products and Services to you. Global Advertising Internet Network and GAIN Global Trader may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.

3.6 Other ways to access Global Advertising Internet Network and GAIN Global Trader and Global Advertising Internet Network and GAIN Global Trader-related data: Global Advertising Internet Network and GAIN Global Trader provides an application programming interface (API) to enable software to interface with the Website. The API enables developers to build new applications for our members to use. We use it ourselves to power our mobile applications. As a result, information you publish on Global Advertising Internet Network and GAIN Global Trader may be accessed through the API and may appear in other places such as applications or websites. Also, if you grant an application permission to access your Global Advertising Internet Network and GAIN Global Trader account, that application will be able to access information that you can see when you are logged in to Global Advertising Internet Network and GAIN Global Trader. If someone is using an application to access Global Advertising Internet Network and GAIN Global Trader and trades with you, that application may be able to access information that you provide to the other person during the trading process, such as your email and delivery address. Anyone using our API must comply with Global Advertising Internet Network and GAIN Global Trader's API terms and conditions, and Privacy Policy.

4.  GENERAL RULES 

4.1 General

  1. All listings, bids or communications made through Global Advertising Internet Network and GAIN Global Trader shall be made in good faith.
  2. You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so.
  3. You may not use a robot, spider, scraper or other unauthorized automated means to access the Website or information featured on it for any purpose.
  4. You shall not list your email address, phone number or any other contact detail within the description of listings, listing comments and/or questions, in your member profile, or in the Global Advertising Internet Network and GAIN Global Trader message boards.
  5. Notwithstanding 4.1(4) above, you may enter your appropriate contact details in the relevant contact detail fields of those listing categories which specifically provide for those details, i.e. Motors, Property, Jobs and classifieds.
  6. You must list auctions and classifieds in Euro dollars and include GST in the price (except when listing commercial property for lease, which excludes GST) if applicable. All tax obligations are the responsibility of the seller and/or the buyer (as the parties determine).
  7. You must not complete a transaction outside of the Global Advertising Internet Network and GAIN Global Trader process or otherwise seek to avoid Global Advertising Internet Network and GAIN Global Trader's success fees. Attempts by you to avoid fees, including through multiple memberships, premature auction withdrawal, or otherwise, may result in Global Advertising Internet Network and GAIN Global Trader suspending or terminating your membership at the discretion of Global Advertising Internet Network and GAIN Global Trader.
  8. Contracts for the sale of land, real estate or business ventures must be in writing to be legally enforceable.
  9. You must not use the Services or the Website to promote items for sale outside the Services.
  10. You are responsible for any actions taken through your membership. Global Advertising Internet Network and GAIN Global Trader memberships are not transferable and therefore cannot be sold, leased, lent or traded without specific written authorization from Global Advertising Internet Network and GAIN Global Trader.


4.2 Your obligations as a seller

  1. Sellers can be located in any country of the Earthly realm that can freely exchange and deliver items anywhere in the world. Sellers outside of this Earthly realm are not permitted to sell on Global Advertising Internet Network and GAIN Global Trader, unless specifically authorized in writing by Global Advertising Internet Network and GAIN Global Trader. Sellers located outside New Zealand must offer at least one of the following payment options to buyers: Pay Now, or payment into their own international Wise bank account. Sellers should not send items outside their own country and remain local or national distributers to avoid international charges or delivery errors and overseas fraud. 
  2. You will only enter listings that are accurate, current, complete, and include all relevant information about the terms of sale, payment terms, shipping methods and who bears the cost of shipment. You must list an item in one category only which must be the most appropriate category for your item. If your item is likely to attract customs duty for buyers in other countries, you must ensure that this is clearly indicated in your listing.
  3. You will only place listings for items that exist, are to be sold, and that you are legally entitled to sell. You will only list items that are in your possession, except where Global Advertising Internet Network and GAIN Global Trader has approved otherwise in writing. In the case of motor vehicles that are offshore, they must be in transit to your country, and you must be a registered motor vehicle trader, and hold clear authority to sell such vehicles before being able to list them. You must also clearly indicate that such vehicles are offshore or in transit in the listing. Any land, real estate, business ventures listed for sale must be in your own country unless you have approved written authority from Global Advertising Internet Network and GAIN Global Trader.
  4. You may only sell or offer services in our Services Category or in our Travel, Events & Activities Category. All Services Category listings must comply with our Member Services Category Policy. You may only sell bookings and tickets in our Travel, Events & Activities Category. All flight tickets, accommodation and travel packages must be able to be transferred into the buyer's name from any country (either directly with the airline, service provider, or via a travel agent).
  5. All listings must comply with New Zealand law that comply with international law. You must not list anything that is illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or unsafe, anything which infringes copyright or other intellectual property rights, items which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any item of which the sale is prohibited by, or violates any, law. You are responsible for ensuring that any listing by you does not breach this clause 4.2(5). You agree that Global Advertising Internet Network and GAIN Global Trader may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause 4.2(5) at any time.
  6. To protect your images, we will watermark with our logo any images you upload to your listings. You must ensure you hold the copyright or are otherwise licensed to use any images you add to your listings.
  7. When you list an item for auction on Global Advertising Internet Network and GAIN Global Trader, you should do so with the intention of selling this item through the site. Therefore you should not advertise your item through another forum. If you remove a listing for an auction you will incur a non-refundable withdrawal fee, regardless of the reason.
  8. Global Advertising Internet Network and GAIN Global Trader classifieds may be used by individuals or businesses to list specific items or jobs only and must not be used for multiple or generic item or job listings. You must not place multiple listings for a single item or job on this website, however we recommend to use platform 2, God-zone Credit Exchange GAIN 2U Network for this purpose.
  9. Your listing may only contain a URL for a website that contains further information on the item you have listed. This website must not offer any items for sale, or contain contact details. You must not use Global Advertising Internet Network and GAIN Global Trader listings to promote a business or website other than one for sale in your listing.
  10. You must not manipulate prices through shill-bidding or assuming multiple roles in a single transaction.
  11. For auctions, you must sell to the highest bidder if the reserve price is met. You must only sell to a bidder who is not the highest bidder after reasonable attempts have been made to contact the winning bidder without success.
  12. For classifieds, you may choose to sell to any buyer at your discretion.
  13. You will only list adult rated content (videos, magazines, DVD's, etc.) in the Adult category. Adult content listed in non-adult categories will be removed or moved to the Adult category.
  14. Listings are not pre-screened for content. Global Advertising Internet Network and GAIN Global Trader reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions.
  15. You agree to your email address being provided to the buyer when your auction closes.
  16. You must promptly forward the listed item to the successful buyer on completion of the transaction.
  17. You must not charge unreasonable amounts for shipping and packaging costs.
  18. The sale of films, videos, DVDs, VCDs and laser disks is covered by the Films, Videos and Publications Classification Act 1993. It is an offence to sell any of these items if they have not been examined and classified by the appropriate agencies. When listing these items for sale, you must include within your listing, the New Zealand or International classification rating and all information on the classification label.
  19. The sale of firearms and ammunition remotely on Global Advertising Internet Network and GAIN Global Trader is within the provisions of section 43A of the Arms Act 1983. It is an offence to sell by mail order a firearm or any ammunition for a firearm otherwise than pursuant to a written order signed by the purchaser and bearing an endorsement signed by a member of the Police stating that the member of Police has inspected the purchaser's firearms license and is satisfied that the purchaser is a fit and proper person to purchase that firearm or ammunition. Sellers must sight the firearms license of the buyer, or for remote sales must receive written confirmation signed by Police confirming the buyer holds a valid firearms license. Forms are available at any police station.

    You may only list "A" category firearms, in sporting configuration, as defined by the Arms Act 1983. You may not sell firearms that require additional license endorsements to purchase or large capacity magazines.

    You may only sell firearms that are already in New Zealand. Overseas members may not buy or sell firearms on the site unless from their own country and bound by the country's laws. Only one firearm may be advertised per listing.
  20. If you're a motor vehicle trader selling a car online by auction, you must attach to the motor vehicle, a Consumer Information Notice (CIN), in a prominent position on your listing (e.g., through a clear photo) and provide the CIN to the successful buyer.

    If you sell six or more vehicles in a year, you are likely to be a motor vehicle trader and must be registered. For more information visit the Motor Vehicle Traders Register website.

    Regardless of whether you are a motor vehicle trader or not, if you are selling a car on Global Advertising Internet Network and GAIN Global Trader, you are required to ensure that the buyer of the motor vehicle takes the motor vehicle free of any security interest, and you must disclose in the listing whether there is any security interest over the vehicle.
  21. To help maintain quality listings, Global Advertising Internet Network and GAIN Global Trader reserves the right to suspend sellers who list over 500 auctions per week where the sell through rate of these auctions averages less than 10% over four weeks. Sell through rate is calculated as the auctions sold divided by auctions listed, not including classifieds.


4.3 Your obligations as a buyer

  1. You must be located in a (G.A.T) General Agreement on Trade country eligible to buy under the seal of (G.A.T) on Global Advertising Internet Network and GAIN Global Trader. People outside of these countries are not permitted to purchase items on Global Advertising Internet Network and GAIN Global Trader unless by expressly written agreement and consent.
  2. Your bids are not retractable once the auction has closed. You must only place a bid if you intend to buy the relevant item at the bid price entered. Reasonable allowances should be made for postage where applicable.
  3. If you are notified that your bid has been successful, you must complete the transaction in the manner specified. By making a bid, you warrant and represent that you have the legal right to enter into and complete the transaction.
  4. You must make full and prompt payment for any item you buy.
  5. You agree to your username and the amount of your bid being publicly shown on the Global Advertising Internet Network and GAIN Global Trader Website. You also agree to your email and delivery address being provided to the seller when you win an auction, and to your email address and username being provided if you send an email through a classified.
  6. If your bid is successful and you do not pay for the item, you will receive a warning from Global Advertising Internet Network and GAIN Global Trader if the seller complains about you. After 3 such complaints, Global Advertising Internet Network and GAIN Global Trader may suspend or terminate your membership.
  7. You must only access the Adult category if you are at least 18 years old.
  8. You may not bid on an auction that has been listed by a family member, flatmate, friend or any member that is personally known to you, in order to raise the price of that auction.
  9. If you use the PayNow facility to pay by credit card, you agree to:
    1. Attempt to resolve the issue with the Seller first, and to inform Global Advertising Internet Network and GAIN Global Trader and co-operate fully and reasonably to resolve any problem transaction before requesting a chargeback from your card issuer or bank.
    2. Return the goods (with original packaging) should you seek a refund from the Seller in the event that they are not as described or arrive damaged.


4.4 Feedback

  1. Feedback is provided for the purpose of facilitating trading between members on the Global Advertising Internet Network and GAIN Global Trader Website. Feedback you provide on other members must not contain offensive, defamatory, retaliatory or inappropriate language or content. Global Advertising Internet Network and GAIN Global Trader may remove any feedback that we consider to be offensive, defamatory, retaliatory or inappropriate.
  2. You may only give member feedback that relates to a specific transaction. You must not post feedback on a transaction that does not relate to that specific transaction.
  3. You must not post feedback about yourself or include any contact details or personal information in your feedback.

 
5. FEES AND ACCOUNTS

5.1 Global Advertising Internet Network and GAIN Global Trader Listing Fees and Success Fees

  1. Global Advertising Internet Network and GAIN Global Trader charges fees for the use of the Website as a venue.
  2. Global Advertising Internet Network and GAIN Global Trader's current fees are listed on our fees page in the help section.
  3. Any non-commission listing fees are charged at the time of listing and are not refundable. Global Advertising Internet Network and GAIN Global Trader may (at our sole discretion) refund a commission or success fee charged on completed auctions if the sale is not successfully completed, provided that a member follows our defined refund process. Global Advertising Internet Network and GAIN Global Trader will only issue refunds in the form of credit to the Global Advertising Internet Network and GAIN Global Trader account of the member. Cash refunds will not be issued. Credits on accounts with Global Advertising Internet Network and GAIN Global Trader are transferable between members and can be used to secure the purchase price of items.
  4. Global Advertising Internet Network and GAIN Global Trader reserves the right to change the fees charged for any of our Services at any time. In the event that we introduce a new Service, the fees for that Service are effective at the launch of the Service, unless otherwise stated.
  5. If you are a New Zealand resident, then all fees are inclusive of GST and in New Zealand dollars unless otherwise stated. If you are not a New Zealand resident, then all fees are, unless otherwise stated, in Euro dollars and do not include GST. Unless otherwise stated in these terms and conditions, no interest or other financial charges will be applied to Global Advertising Internet Network and GAIN Global Trader account balances. All internal e-wallet accounts are in credit-euro and can be used to purchase listed items. 
  6. Global Advertising Internet Network and GAIN Global Trader reserves the right to investigate queries regarding the refund of success fees with bidders, other members and any other relevant party.
  7. Before listing an item, you should review Global Advertising Internet Network and GAIN Global Trader's fees to ensure you are aware of the fees that you will incur.
  8. You must pay the fees immediately upon demand by Global Advertising Internet Network and GAIN Global Trader.
  9. Global Advertising Internet Network and GAIN Global Trader encourages members to top-up their trading account(s) to ensure all fees are covered and to make purchases in credit-euro from one member to another.


5.2 Global Advertising Internet Network and GAIN Global Trader Accounts

  1. Global Advertising Internet Network and GAIN Global Trader maintains credit accounts for each member and from which members must pay fees including payment of advance listing options. Global Advertising Internet Network and GAIN Global Trader accounts can be used for the payment of items sold using the Services. We encourage members to top-up their internal e-wallet account(s) for this purpose by purchasing credit-euro by exchanging from euro dollar to credit-euro to complete any exchange on this website.
  2. Global Advertising Internet Network and GAIN Global Trader will maintain an amount that exceeds the aggregate face value of members' Global Advertising Internet Network and GAIN Global Trader accounts (less any amounts that have been cancelled, redeemed, or forfeited in accordance with these terms and conditions) in a separate bank account. Global Advertising Internet Network and GAIN Global Trader acknowledges and declares that all amounts deposited in that separate bank account are held on trust for members, such that each member has the right to a proportion of the separate bank account equal to the face value of his or her Global Advertising Internet Network and GAIN Global Trader account. Global Advertising Internet Network and GAIN Global Trader may deduct amounts from the separate bank account as contemplated by these terms and conditions, and reserves the right to retain any interest earned on amounts deposited in the separate bank account.
  3. Any payment to your Global Advertising Internet Network and GAIN Global Trader account of an amount less than €10 incurs a €2 handling fee that is payable to Global Advertising Internet Network and GAIN Global Trader.
  4. You must settle any negative account balance immediately. Global Advertising Internet Network and GAIN Global Trader reserves the right to take action against you, including (without limitation) deducting any amount owed by you from the credit balance of any account operated by you, to recover outstanding debts. You are liable for all expenses (including legal fees) that Global Advertising Internet Network and GAIN Global Trader incurs when collecting that debt.
  5. If your membership is terminated Global Advertising Internet Network and GAIN Global Trader will refund the balance of your credit account, less a €5 manual processing fee that is payable to Global Advertising Internet Network and GAIN Global Trader. Consequently, no refund will be made if the account balance is below €5. If your membership is removed due to breach of our terms and conditions it is at our discretion whether you are eligible for a refund. Promotional giveaways of Global Advertising Internet Network and GAIN Global Trader credits, bonus credits, or any free credits gifted to the member on registration will not be refunded.
  6. If you have not logged on to the Website for a period of 18 months, any unused balance on your account is forfeited to Global Advertising Internet Network and GAIN Global Trader and your membership will be suspended.
  7. Global Advertising Internet Network and GAIN Global Trader will ensure that, at all reasonable times, an electronic statement is available to you (on your 'My Global Advertising Internet Network and GAIN Global Trader' page) that contains the following information:
    1. the balance of your Global Advertising Internet Network and GAIN Global Trader account; and
    2. records of the past 2000 transactions of your Global Advertising Internet Network and GAIN Global Trader account, or all transactions in the preceding 1000 days if your Global Advertising Internet Network and GAIN Global Trader account has recorded fewer than 2000 transactions for that period; and
    3. This statement: "The use of this account (including the conditions relating to closing the account and receiving a refund of unused deposits) is governed by Global Advertising Internet Network and GAIN Global Trader's terms and conditions."
  8. Global Advertising Internet Network and GAIN Global Trader will ensure that, at all reasonable times, you can check the balance of your Global Advertising Internet Network and GAIN Global Trader account on your 'My Global Advertising Internet Network and GAIN Global Trader' page.

 
6. GENERAL PROVISIONS

6.1 System Integrity: Global Advertising Internet Network and GAIN Global Trader will use its reasonable endeavors to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, Global Advertising Internet Network and GAIN Global Trader takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, Global Advertising Internet Network and GAIN Global Trader assumes no responsibility for the corruption of any data or information held by Global Advertising Internet Network and GAIN Global Trader.

6.2 Resolution of disputes: As Global Advertising Internet Network and GAIN Global Trader is not a party to any sale or transaction between you and another member, you agree not to involve, or attempt to involve, Global Advertising Internet Network and GAIN Global Trader in any dispute or in the resolution of disputes that arise between you and another member as a result of the Services provided, other than as provided in clause 4.3 (9).

6.3 Global Advertising Internet Network and GAIN Global Trader Message Boards: Global Advertising Internet Network and GAIN Global Trader provides Message Boards for the use of Global Advertising Internet Network and GAIN Global Trader members. The Message Boards may not be used to promote auctions, websites or any commercial or business activity. Global Advertising Internet Network and GAIN Global Trader is not responsible for any of the opinions expressed in the Message Boards. By posting a message to the message board you agree to take full legal and lawful responsibility and liability for your comments, including for offensive or defamatory statements.

6.4 Force Majeure: Without prejudice to clause 2.3(1), Global Advertising Internet Network and GAIN Global Trader has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of Global Advertising Internet Network and GAIN Global Trader to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Global Advertising Internet Network and GAIN Global Trader.

6.5 No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.

6.6 Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal and unlawful for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.

6.7 Governing Law: These terms and conditions are governed by the laws of New Zealand in compliance with international laws. You submit to the non-exclusive jurisdiction of the Courts of New Zealand in compliance with international laws.

6.8 Intellectual Property Rights: Global Advertising Internet Network and GAIN Global Trader (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the Website.

  1. You may not without our prior written permission, in any form or by any means:
    1. Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
    2. Commercialize, copy, or on-sell any information, or items obtained from any part of this Website.


6.9 Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.

6.10 Privacy: Global Advertising Internet Network and GAIN Global Trader collects personal information about you through your use of the Services and the Website, including:

  • your registration details; and
  • Information relating to your use of the Website and the content you access.

You agree that Global Advertising Internet Network and GAIN Global Trader may use this personal information to assist us to provide the Services to you, for internal research purposes, to verify your identity, to enforce or apply our terms and conditions, to protect the rights, property, or safety of Global Advertising Internet Network and GAIN Global Trader Foundation, our users, or others, for promoting and marketing other Global Advertising Internet Network and GAIN Global Trader products and Services to you, and for any other use that you authorize. You agree to your membership's trading history being published in your feedback.

We will not sell or allow third parties to access your private personal information without your consent. We release account and other personal information only when we believe release is appropriate to comply with law; facilitate court proceedings; enforce or apply our terms and conditions; or protect the rights, property, or safety of Global Advertising Internet Network and GAIN Global Trader Foundation, our users, or others. Government agencies with statutory roles enabling them to request information from us include but are not restricted to the Police, Inland Revenue Department and Ministry Of Economic Development. You may contact Global Advertising Internet Network and GAIN Global Trader to ask whether information has been provided to government agencies.

Information that you share through Global Advertising Internet Network and GAIN Global Trader may be accessed through Global Advertising Internet Network and GAIN Global Trader’s API, and we may charge third parties in various ways for access to our API.

If you intend to take Disputes Tribunal proceedings against another member and you require that member's contact details in order to take such proceedings, Global Advertising Internet Network and GAIN Global Trader will release those details to you if you make a Statutory Declaration stating that you require that member's contact details for the sole purpose of taking Disputes Tribunal proceedings. You may obtain a Statutory Declaration for this purpose by contacting Global Advertising Internet Network and GAIN Global Trader or the Disputes Tribunal.

Please review our privacy policy.


Seller terms and conditions for Pay Now

  1. Background

    1.1 These are the terms and conditions upon which GAIN Global Trader Foundation (GAIN Global Trader) provides the Seller with the Pay Now service (the Service) that enables the Seller to offer an online credit card payment option to people buying items from the Seller on GAIN Global Trader.
  2. Sellers' obligations and service levels

    2.1 The Seller must have at least 50 feedback (unless otherwise agreed with GAIN Global Trader in writing) and maintain a current Address Verified status at all times.

    2.2 The Seller must not add surcharges for payment using Pay Now.

    2.3 The Seller agrees to ship goods within three days of notification of payment.

    2.4 The Seller agrees to provide comprehensive shipping options on all auctions offering Pay Now. Failure to do so may result in the Seller's Pay Now status being revoked. (This may require an alternative funding source of payment)

    2.5 If the goods have 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.

    2.6 Sellers agree to conduct themselves in good faith, respond to communications with GAIN Global Trader in the event of a dispute, and be bound by the outcome of any dispute resolution process that they enter into with the Buyer.

    2.7 In no circumstances should a Seller ship goods outside their own Country unless they are certain of a satisfied result of settlement within a timely manner of 30-45 Days.
  3. The Pay Now Service

    3.1 GAIN Global Trader will provide the Seller with the option to accept payment by Pay Now when listing an item. It is recommended to top-up the internal e-wallet account into credit-euro to be transferred from member to another member for any transaction.

    3.2 For any listing where the Seller opts to accept payment by Pay Now during the listing process, GAIN Global Trader will:
    1. Encourage the easier option to top-up their internal e-wallet account for a faster and more controlled transaction.
    2. Indicate on that listing that payment can be made by Pay Now; and
    3. Facilitate the option for buyers to pay for the item using Pay Now.
  4. How funds are held

    4.1 GAIN Global Trader will hold the money received from buyers on trust, in an interest bearing account. GAIN Global Trader is authorized to deduct its fees and retain any interest. The Seller will not earn interest on monies held by GAIN Global Trader.

    4.2 GAIN Global Trader will hold money indefinitely as the recommended process is to top-up a member's internal e-wallet account(s) through Pay Now that manually transfers money into credits, less any fees to be used in the transaction between seller and purchaser/buyer. GAIN Global Trader will hold the money for up to three working days, and will then pass the credits on to the Seller's Nominated E-wallet Account.

    4.3 GAIN Global Trader may hold payments for longer periods at its discretion, such as to minimize fraud risks, or if the Seller's Nominated Bank Account is not a Euro bank account. No payment will be unreasonably withheld.

    4.4 To provide the Seller with visibility of payments, GAIN Global Trader will provide the Seller with a Pay Now account where the Seller can view that payments have been made by the Buyer, before being transferred to the Seller's Nominated E-wallet Account. The Seller acknowledges that payments into the Seller's Pay Now Account are not a guarantee of payment into the Seller's Nominated E-wallet Account and can be withdrawn at any time, if the payment deems to be fraudulent or insufficient funds to complete any transaction.
  5. Charges and Fees

    5.1 GAIN Global Trader will charge the Seller a fee for every credit card transaction under this agreement as a fee for facilitating the Service. The fee will be 5.9% of the transaction value and will be deducted from the Seller's Pay Now account. GAIN Global Trader may change this fee at any time with one week's notice.

    5.2 In some circumstances, (such as if the Buyer disputes authorizing a payment) a bank may Chargeback a payment (a Chargeback). In the event of a Chargeback GAIN Global Trader will refund the 5.9% fee.
  6. Seller's GAIN Global Trader Account

    6.1 Sellers will not be able to list an item if either their General or Payment Ledgers are in debt.
    6.2 Sellers with negative account balances may be referred to an off-line collection agency.
  7. Seller's bank account

    7.1 The Seller must have a verified, Wise international bank account in their own currency that includes a Euro Dollar Bank Account which will be the Seller's Nominated Bank Account, unless otherwise agreed with GAIN Global Trader in writing.

    7.2 Before the Service to the Seller is enabled, the Seller must complete GAIN Global Trader's bank account verification process. GAIN Global Trader may require subsequent confirmation of this account if the Seller has not received a payment for three or more months.

    7.3 If the Seller wishes to change their Nominated Bank Account, they must complete the bank account verification process for the purposes of account validity and verification to avoid (AML) anti-money laundering crimes. GAIN Global Trader will continue to make payments into the existing Nominated E-wallet Account until the new account is verified. The Seller should still send the goods as per clause 2.3.
  8. Fraud prevention measures

    8.1 GAIN Global Trader employs fraud engines and detection techniques that are designed to protect sellers and buyers. As a result, GAIN Global Trader will sometimes hold or reverse payments or take other steps to protect members.

    8.2 GAIN Global Trader has systems in place to reduce the risk of credit card fraud and prevent the unauthorized use of credit or debit cards. Sellers should not release or send goods purchased via Pay Now until notified to do so by GAIN Global Trader. Where GAIN Global Trader is subsequently made aware that a transaction was not authorized by the registered card holder, and the Seller has acted in accordance with GAIN Global Trader's instruction regarding that transaction, GAIN Global Trader will not pass the loss onto the Seller.

    8.3 GAIN Global Trader is not liable for falsely declining transactions.
  9. Reversals, Chargebacks and refunds

    9.1 GAIN Global Trader may reverse a payment to the Seller should a Chargeback or an erroneous payment occur. If the payment to GAIN Global Trader is reversed, and if GAIN Global Trader cannot reverse the payment to the Seller automatically, the Seller must pay GAIN Global Trader the reversed amount. GAIN Global Trader may also charge interest while the payment is outstanding.

    9.2 In the event that GAIN Global Trader does incur a loss as a result of a chargeback, this chargeback cost may be passed on to the Seller.

    9.3 In the event of a Chargeback, GAIN Global Trader will provide reasonable evidence to the bank about the transaction. The Seller may also be asked to provide additional information (including proof of postage.)

    9.4 Except as outlined in section 8, GAIN Global Trader is not liable for letting through transactions that result in Chargebacks and loss for sellers. In the event of a chargeback (or refund) GAIN Global Trader will debit the amount from the Seller's Pay Now account/E-wallet account, so that the funds are deducted from the Seller's next payment. Alternatively the Seller can make a payment to their General ledger and transfer the funds via a top-up to their e-wallet account.
  10. Transaction limits

    10.1 Transaction limits apply and may be changed by GAIN Global Trader at any time.
  11. Disclaimers

    11.1 The Seller accepts that:
    1. GAIN Global Trader only facilitates the Service, and does not take any part in the sale itself including as an agent for either party.
    2. GAIN Global Trader'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. GAIN Global Trader makes no warranty that the Service will meet the requirements of all prospective users, or that the Service (including any reports) will be uninterrupted, timely, secure or error free.
    4. GAIN Global Trader bears no responsibility or liability for any misconduct or mistakes by buyers or other third parties who are involved in the transaction. ​

12. Indemnity and liability

12.1 The Seller agrees to indemnify GAIN Global Trader, its officers and employees against any claim or demand made by any third party due to or arising out of the Seller's use of the Service.

12.2 Except as expressly provided in this Agreement all representations or warranties (statutory, express or implied), except any which may not lawfully be excluded, are expressly excluded, including without prejudice to the generality of the foregoing, any implied warranties of merchantability and fitness for a particular purpose.

13. Termination

13.1 GAIN Global Trader may terminate this agreement immediately if the Seller breaches either this agreement or GAIN Global Trader's general terms and conditions or engages in conduct that GAIN Global Trader deems inappropriate or unacceptable, including if it deems there to be unacceptable risk.
13.2 Either party may terminate this agreement for any other reason by giving 30 days' notice.

14. GAIN Global Trader Terms and Conditions and Privacy Policy

14.1 GAIN Global Trader’s Terms and Conditions as set out on the GAIN Global Trader website form part of these terms and conditions and shall (with all necessary modifications) apply so far as is possible to this agreement.
14.2 GAIN Global Trader's Privacy Policy applies to any information provided by the Seller to GAIN Global Trader under this agreement. ​

​Code of conduct
This code sets out principles and behaviors that the GAIN Global Trader Community reasonably expects of buyers and sellers participating in online auctions.

Basic Principles - The Community expects buyers and sellers to:

  1. Conduct themselves honestly and in good faith at all times.
  2. Comply with all laws, including sale of goods and intellectual property laws.
  3. Comply with GAIN Global Trader's Terms and Conditions


Sellers agree to:

  • Describe items fully and accurately and answer questions promptly.
  • Respond to emails as soon as possible, and within two working days.
  • Ensure items are shipped as soon as possible, and within a week of receiving payment and delivery address, unless otherwise indicated in the listing or agreed by both parties.
  • Charge only fair and reasonable amounts for shipping and make best endeavors to state shipping costs in listings.
  • Not place negative feedback without making best endeavors to resolve issues through email first.
  • Not engage in retaliatory feedback or behavior.
  • Not subsequently spam previous buyers.


Buyers agree to:

  • Respond to emails as soon as possible, and within two working days.
  • Pay for goods purchased as soon as possible, and within a week of the auction closing and receiving payment details.
  • Not place negative feedback without making best endeavors to resolve issues through email first.
  • Not engage in retaliatory feedback or behavior.
  • Not subsequently spam previous sellers.


Professional traders agree to:

  • Comply with all relevant laws, including the Fair Trading Act 1986 and its regulations and the Consumer Guarantees Act 1993.
  • Ensure goods are of acceptable quality, safe and durable, and draw attention to any defects.
  • Ensure goods are fit for the purposes including any purposes indicated in the listing.
  • Act responsibly and promptly to fix any product faults within a reasonable time after the sale (other than those caused by unreasonable use) or offer a replacement or refund.


Advertising Code of Ethics
BASIC PRINCIPLES
1. All advertisements must comply with the laws of New Zealand in compliance with International laws.

2. No advertisement should impair public confidence in advertising.

3. No advertisement should be misleading or deceptive or likely to mislead or deceive the consumer.

4. All advertisements should be prepared with a due sense of social responsibility to consumers and to society.

5. All advertisements should respect the principles of free and fair competition generally accepted in business.

RULES
1. Identification - Advertisements should be clearly distinguishable as such, whatever their form and whatever the medium used; when an advertisement appears in a medium which contains news or editorial matter, it must be presented so that it is readily recognized as an advertisement.

2. Truthful Presentation - Advertisements should not contain any statement or visual presentation or create an overall impression which directly or by implication, omission, ambiguity or exaggerated claim is misleading or deceptive, is likely to deceive or mislead the consumer, makes false and misleading representation, abuses the trust of the consumer or exploits his/her lack of experience or knowledge. (Obvious hyperbole, identifiable as such, is not considered to be misleading).

3. Research, Tests and Surveys - Advertisements should not use tests and surveys, research results or quotations from technical and scientific literature, in a manner which is misleading or deceptive.

4. Decency - Advertisements should not contain anything which clearly offends against generally prevailing community standards taking into account the context, medium, audience and product (including services).

5. Offensiveness - Advertisements should not contain anything which in the light of generally prevailing community standards is likely to cause serious or widespread offence taking into account the context, medium, audience and product (including services).

6. Fear - Advertisements should not exploit the superstitious, nor without justifiable reason, play on fear.

7. Violence - Advertisements should not contain anything which lends support to unacceptable violent behavior.

8. Denigration - Advertisements should not denigrate identifiable products or competitors.

9. Testimonials - Advertisements should not contain or refer to any personal testimonial unless it is genuine, current, related to the experience of the person giving it and representative of typical and not exceptional cases. The claims in the testimonial should be verifiable.

10. Privacy - Unless prior permission has been obtained an advertisement should not portray or refer to any persons, whether in a private or public capacity, or refer to any person's property, in a way likely to convey the impression of a genuine endorsement.

11. Advocacy Advertising - Expression of opinion in advocacy advertising is an essential and desirable part of the functioning of a democratic society. Therefore such opinions may be robust. However, opinion should be clearly distinguishable from factual information. The identity of an advertiser in matters of public interest or political issue should be clear.

12. Safety - Advertisements should not, unless justifiable on educational or social grounds, contain any visual presentation or any description of dangerous or illegal practices or situations which encourage a disregard for safety.
 
Website Pricing

(Note: Costs can be recouped by actively participating in our affiliate referral marketing program, referring affiliate subscribers, real estate, business ventures, business directory services, All types of vehicles and general products and service listings for lease or sale)

Our pre-launch mechanism for global marketing

Our Smart Phone Mobile Applications for Android on Google Play Store and an iOS Apple Store application allows anyone over the age of 18 years to join with a one-off start-up €10 Euro Dollar pre-launch pledge plus any gateway fees.

Members are required to sponsor 10 New Subscribers within the first month of joining and add 1 New Subscriber each month thereafter to qualify for rewards as they automatically upgrade through the 6 plans of each 10 x 6 matrix. The pledge increases 10 fold and the rewards increase 1,000 fold, providing members with uncapped rewards.

Remember that it is a one-off €10 Euro Dollar pre-launch pledge, plus any gateway fees, which means most people can and probably will establsh more than one account based on the affordability to get started. Also they can upgrade using their credit-line when they receive their automatic pledge and upgrade incentive rewards.

This is our own private medium of exchange supported by the true intrinsic exchange of items listed by our members and their agreed acceptance of value in credit-euro, as well as the accumulated legal tender currency from the initating pledges of our subscribers.

Members will be required to upgrade and pay the set-up pledge and monthly platform pledge below to use their credit-euro (energy exchange) current-see to spend on items listed on the advertising website. This can be done with accumulated credit-euro from your e-wallet balance or our payment gateway if you have insufficient credit-euro. Please note that paypal and stripe gateway fees have been preset at 5.9% of the tranaction values.

Your support is greatly appreciated. This pre-launch pledge establishes the internal administration infrastructure of a Buyer's Network and our internal private medium of exchange.

Platform Service Charge

One-time €250 Euro Dollars, upfront capital pledge to set-up your private account and a €20 Euro Dollars, monthly recurring subscription pledge thereafter, for the use of the service platform, (One year in advance) plus any gateway fees.

Syndicate 1000 Group

Plan 1 - Jumpstart Our Business Startup

​€10 Euro Dollars One-Off Pre-Launch Pledge, plus any gateway fees.

There are 6 Pledge and Upgrade Plans with a pre-set auto-upgrade function within the infrastructure that deducts credit-euro from your e-wallet balance after you have received a credit reward, to kick-start the next pledge of each new plan.

See More

(This is an internal reward system covered by GAIN Foundations credit-euro)

AD PLATFORM

50% Commissions Below

Advertising Costs

Real Estate and Business Ventures:

Rent

€149 Euro Dollars, Upfront Listing Fee for Real Estate and Business Ventures for Rent.

Sale / Lease to own / Auction / Tender

€499 Euro Dollars, Upfront Listing Fee for Real Estate and Business Ventures for sale, lease to own, Auction or Tender.

And a 2% Marketing Success Fee on the sale price of Real Estate and Business Ventures.

Business Directory Service:

€199 annual fee.

NO Commissions Below

ALL Types of Vehicles:

€0-€249 Euro Dollars, Land, Sea, Air and Space, and/or 0%-10% on Vehicle Listings (if any).

Vehicle amounts:

Asking Price Up to €2,000 = €49 Euro,

Asking Price €2,001 to €5,000 = €99 Euro,

Asking Price €5,001 to €10,000 = €149Euro,

Asking Price €10,001 to €25,000 = €199 Euro,

Asking Price €25,001 plus = €249 Euro.

General Items:

€0-€149 Euro Dollars, for General Items / Products and Services listed for sale, and/or

0%-10% on General Listings.

Godzone Credit Exchange:

Credit-Euro can be transferred by Voucher with the selected amount(s) having a 10% Tithe deducted from the balance when settled in a members account of platform 2 - Godzone Credit Exchange. 

Note that all transfers will have a 10% Tithe deducted from the balance at the very outset as this is the model of the pay-it-forward system. Give back to Creation to receive abundantly in nature.

Tithe:

(on commissions and incentive rewards).

A 10% tithe on profit margins is recommended for divine blessings to assist the Guardians Of Divinity to implement Conscious Communities with people in common unity.  All sales commissions and incentive rewards earned will come less the 10% tithe. This will already be a preset parameter built into the system. Please remember that all commissions and incentives are paid by and through the GAIN Foundation infrastructure that was initially inspired of our Supreme Creator. Never forget who we are and where we came from.

Payments can be made from your e-wallet balance, however, if there is insufficient credits, then you will be directed to the payment gateway to fund any purchase with an alternative funding source.

Gateway Fees:

Paypal, Stripe and GAIN Foundation has preset the gateway fees at 5.9% of the value of exchange.

IMPORTANT

NO exterrnal monthly subscription or default on payments will result in NO commissions or incentive rewards. Any internal credit-euro paid into your e-wallet account(s) can be reversed or withdrawn if the before occurs.

Any misconduct or dishonor will result in accounts being suspended for remedy or terminated entirely.

Our credit-euro zero balances the debt ledger of fiat currency and your exchange value is supported by the true intrinsic value of your products and services exchanged as well as the accumulated legal tender value from the initiating pledges made by our subscribers. You are no longer debt slaves. By using credit-euro you are now deemed to be sovereign creditors in credit and free to be infinite and eternal. 

Please make contact with us if you have any more questions.

Payments can be made from your e-wallet balance, however, if there is insufficient funds, then you will be directed to the payment gateway to fund any purchase with an alternative funding source.

IMPORTANT
NO external monthly subscription or default on payments will result in NO commissions or incentive rewards. Any internal credit-euro paid into your e-wallet account(s) can be reversed or withdrawn if the before occurs. Any misconduct or dishonor will result in accounts being suspended for remedy or terminated entirely. Our credit-euro zero balances the debt ledger of fiat currency and your exchange value is supported by the true intrinsic value of your products and services exchanged. You are no longer debt slaves. By using credit-euro you are now sovereign creditors in credit and free to be infinite and eternal. 


Real Estate & Business Ventures
Pricing
Our commission rate is 2% + (GST in New Zealand) and this is paid on the result of an unconditional sale. There is a minimum commission of €10,000 for residential sales and €5000 for land.
An administration fee of €499 + (GST in New Zealand) will be added to the commission statement on the result of a successful sale. 

Listing - Until SOLD
€499 - Real Estate and Business Ventures - Sale, Lease to own, Auction and Tender.
€149 - Real Estate and Business Ventures - Rent.

Licensing
Each of our [New Zealand] Aotearoa contracted real estate agents is government licensed by the Real Estate Authority (REA). This can be checked on https://portal.reaa.govt.nz/public/register-search/ or call 0800 367 7322.

Remarketing
GLOBAL ADVERTISING INTERNET NETWORK FOUNDATION T/A AOTEARO[H]A PROPERTY PROFILERS uses remarketing to advertise to people who have previously visited this website. This website or its third-party tools use cookies. The remarketing ads will appear on sites across the internet (Google Display Partner sites). Google uses cookies to serve ads based on someone’s past visit to this site. You may remove this cookie at any time by selecting the appropriate option in your browser settings.

GST
Goods and services tax (GST) is a 15% tax added to the price of most goods and services in New Zealand, including most imported goods and some imported services. GST is charged on real estate agent fees and other charges made by agents. House prices and selling fees noted on this website should be assumed to be exclusive of GST unless it is specifically noted as being included.

Disclaimer
It is the Purchaser’s responsibility to check information supplied to them by GLOBAL ADVERTISING INTERNET NETWORK FOUNDATION T/A AOTEARO[H]A PROPERTY PROFILERS or their salespeople. We use the best endeavors to ensure that the information contained in documents is true and accurate, but accept no responsibility and disclaim all liability in respect of all errors, inaccuracies or misstatements contained in documents.
GLOBAL ADVERTISING INTERNET NETWORK FOUNDATION T/A AOTEARO[H]A PROPERTY PROFILERS recommends that all prospective purchasers obtain legal advice and make their own enquiries to verify the information contained in documents provided to them.

Listing types

​Auction

  • Sellers can set a start price and specify a reserve. A Buy Now can also be added.
  • Members place bids – bids will begin at the start price, and may need to reach a reserve price. If a Buy Now is added, this can be selected at any time, until the bids exceed the Buy Now.
  • If the reserve is met, the highest bidder is the winner. If the Buy Now is accepted, the auction will close right away. 


Classified 
Classified sales happen off-site, and are used for property, motors, certain machinery and animals. 

  • Sellers create a listing and set an asking price. 
  • Interested members contact the seller directly. 
  • Once an agreement has been reached, the seller withdraws the listing. 


Services

  • Advertisers set up a listing to offer services. 
  • Members contact advertisers directly. 
  • Members can review their experience. 


Multiple Quantity Listings (MQL) New-Look Site

  1. When creating a listing, on the 'Price & payment' page, select 'Buy Now'.
  2. Enter the Buy Now price, leave 'Start price' and 'Reserve' empty.
  3. Scroll to the bottom of the page, and enter the quantity to the listing.


Desk-top Site

  1. Select 'Buy Now only' when creating a listing.
  2. Enter the amount you have in the 'Quantity available' box.


iOS App

  1. To list a Multiple Quantity Listing, head to our desktop or new-look site.


Android App

  1. To list a Multiple Quantity Listing, head to our desktop or new-look site.


If sellers have more than one of the same item, they can set up an MQL. These are Buy Now only, and shipping can be charged per order or per item

  1. Select 'Buy Now only' when creating a listing. 
  2. Enter the amount you have in the 'Quantity available' box. 


Listing length
​​General Marketplace
​Motors car listings (from 3 May 2019)
​All other vehicles
​Jobs
​All property for sale/lease
​Flat mates wanted/all property for rent
​Services
​Up to 10 days
Up to 90 days
​Up to 14 days
​Up to 30 days
​Up to 30 days
​Up to 14 days
​Up to 90 days

If a bid is placed within the last two minutes of an auction, it will auto extend by two minutes.
Check out the listing length for members who are part of the trial group for listing 10+ cars a year.
For Motors car listings, the maximum duration is 14 days for members who have listed seven or more cars in the previous 12 months or are Dealer base users. 

Viewing a listing
You can offer viewings for Property and Motors listings.
We don’t offer viewings for Marketplace listings, as there is a potential for trades to be completed offsite – feedback can’t be given, and buyers aren’t covered by Buyer Protection.

Expired listings
You can search for expired listings on our desktop site by selecting the down arrow to the right of the magnifying glass on the search bar and select 'Search expired listings'.
 
Buyer Protection
If you buy a Marketplace item using Ping, Pay Now or Afterpay, and it doesn’t turn up, it’s not as it was described, or it's faulty – Buyer Protection can help.

How does it work?
Buyers and sellers are expected to try and resolve these issues together, in the first instance. 
As a buyer, if you’re unable to reach a resolution, you have 30 days from buying the item to make contact with us about: 

  • non deliveries 
  • not as described 
  • faulty goods – must be reported within a reasonable timeframe.


Make contact by filing a dispute report.
We’ll consider your situation, and if you meet the below criteria and we believe your situation is appropriate, we’ll refund you:

  • the item hasn't been delivered by the seller ('non-delivery'),
  • is materially different from what the seller described in the listing ('not as described') or,
  • has stopped functioning as it should within a reasonable timeframe ('faulty goods').

 
Reporting listings
You can report listings or sellers who are breaching our terms and conditions by selecting 'Community Watch' at the bottom of every listing. 
You can use Community Watch for a bunch of reasons, which include:

  • An item is on Global Advertising Internet Network and GAIN Global Trader's Banned & Restricted list. If it’s unsafe or illegal to sell, let us know – we’ll remove it.
  • An item is listed in the wrong category.
  • People trying to complete the trade outside of the auction process.
  • Members who have contact details on their auctions.
  • Intellectual property infringements, such as fake goods or copied photos.
  • Suspicious bidding patterns, such as members bidding on their own auctions.
  • Buying items for credit-euro and exchanging them in and on an outside advertising source for money.


You can also let us know if you think an item listed is stolen property.
In your report, give as much detail as you can. The more evidence you add, the better we can understand your concern.

What happens after the listing is reported?
Due to the Privacy Act, we can't disclose the action taken on another member’s account. 
We won’t tell you what we’ve done to the listing or the seller’s account – that doesn't mean we haven't taken any action on your complaint, it just means we can’t discuss it with you for privacy reasons.
 
Stolen goods
If you think an item is stolen, contact your local Police station and provide this information directly.
We have a process in place with the NZ Police that needs to be followed. The police will contact us directly for any info they need.

Searching for stolen goods
If you’ve had goods stolen, and you think they may be listed on site, you can save as a Favorites listing. We can’t look out for your goods proactively.
Note: you can also search for expired listings that are no longer on the site. Select the down arrow next to the magnifying glass on the search bar and select 'Search expired listings'.
If you find your item on site, begin the process with the NZ Police to reclaim your goods:

  1. Note the seller's username and auction number.
  2. Let us know about the item via the Community Watch button on the listing.
  3. Gather evidence that proves the item is yours, e.g. serial numbers, proof of purchase and photos of your item with specific markings that match the listing.
  4. Take all of this info to your local Police station, including your Police file number from the burglary/theft, and file a complaint about the listed item. The Police will update you directly with the outcome of the investigation.

 
Banned and Restricted Items
Note: This list of banned and restricted items is not exhaustive, and is intended only as a guide. Global Advertising Internet Network and GAIN Global Trader reserves the right to determine what items are or are not allowed to be listed on our site at any time.  We may remove items that are listed below if we decide that they are offensive, in breach of our terms and conditions, or are in any other way a risk that we're not prepared to take.  This list is subject to change without notice.

Adult items
Adult rated items (videos, magazines, DVDs, etc.) must be listed in the appropriate adult category. Adult novelty and erotic clothing must be listed in the Novelty & adult category. We will remove any adult content not listed in a designated adult category, as soon as we become aware of it.
You may not use explicit language or descriptions. Photos, where permitted, should be of the item only. Use of props or accessories isn’t permitted. We’ll remove any image we consider offensive.

Agricultural compounds
You must ensure that any agricultural compound complies with the requirements of the Agricultural Compounds and Veterinary Medicines (ACVM) Act. For further information visit the Ministry for Primary Industries website or phone their Approvals and ACVM Group on 04 463 2550.

Air guns (BB and paintball guns)
People over the age of 18 do not need a firearms license to own an air gun. However those aged 16 and 17 years who wish to own an air gun must hold a firearms license.
Those trading air guns face to face should ensure that they sight the firearms license or proof of age of the person they are trading with.
You may only list air guns that are already in New Zealand. Overseas members may not list firearms on the site.

Alcohol
The Sale and Supply of Alcohol Act 2012 states that the sale of alcohol to the public or any member of the public requires a license. Unless you have registered as a wine seller with Global Advertising Internet Network and GAIN Global Trader (read more), you may not list alcohol of any nature on the site.

Animals
You may not list any endangered species, protected wildlife, sports fish, game or unwanted animals (e.g. ferrets). If in doubt contact the Department of Conservation.
You may not list snails, whales, sharks, dolphins, seals, sea lions or indigenous birds (or parts thereof). If you want to list fish, including shellfish (or parts thereof) contact the Ministry of Primary Industries for more information.

You may not sell ivory, or any part of any animal listed in Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (‘CITES’), except for:

  • Pianos with ivory keys manufactured before 1975; or
  • Bag pipes with ivory parts manufactured before 1975.


You must comply with the National Animal Identification & Tracing Scheme. Cattle and deer are required to be tagged prior to being listed for sale.
You may list bones, teeth, feathers and other remains of indigenous and non-indigenous species that are generally believed to be extinct. Where protected objects or taonga tuturu are made from or constructed using feathers, bones, or other remains of indigenous extinct species, these remain classified as protects objects, and the same restrictions apply to their sale.

Also see our section below on listing pets and domestic animals. The Ministry of Primary Industries has provided some more information about what to consider when buying or selling animals on Global Advertising Internet Network and GAIN Global Trader.

Animal traps
You may not list hard-jawed leg-hold animal traps.

Bees and hives
All sellers listing bees or beehives on the site must include their beekeeper registration number in the listing details. Registration is a legal requirement so all current beekeepers should be registered with the American Foulbrood Management Agency. Sellers must advise the Management Agency of all sold hives within 7 days. 

Beekeepers must comply with their legal requirements. Read more on the Ministry for Primary Industries' and Apiculture's websites.

The sale of hives, bees, bee products (beeswax, honey, propolis), or equipment used for hives, that are infected with varroa mite or American Foulbrood is prohibited on Global Advertising Internet Network and GAIN Global Trader.

The sale of imported bees, raw bee products (honey, bees wax, pollen, and propolis) and used beekeeping equipment is prohibited in New Zealand, and cannot be sold on Global Advertising Internet Network and GAIN Global Trader.

Bike helmets
You may only list a bike helmet if it is certified to a standard approved by Land Transport New Zealand. Your helmet should have a sticker inside it stating which standard it complies with. 

Businesses for sale
All businesses listed on Global Advertising Internet Network and GAIN Global Trader must be established and sold as a ‘going concern’. Franchises that are not a going concern may be listed where the lister can demonstrate a viable business model on request. 
‘Business opportunities’ or ‘work from home’ and other vague offerings are not permitted. 
Multi-Level Marketing schemes are not permitted as they are in direct competition with our affiliate referral marketing program. 
Global Advertising Internet Network and GAIN Global Trader will exercise its sole discretion to determine whether or not a business for sale listing is acceptable.

Carbon credits
You may only list certified credits that are registered with a carbon credits registry such as Market Environmental Registry or the NZ Emission Unit Register.

Chainsaws
You may only list a chainsaw if it has a chain brake. For more information about chain brakes and their ISO 6535:2008 requirements, visit the Ministry of Consumer Affairs website.

CCTV footage
To ensure compliance with the Privacy Act 1993, you may not list CCTV footage on Global Advertising Internet Network and GAIN Global Trader.

Child restraints
Child restraints must meet approved standards and be less than 10 years old. Child restraints certified for use in New Zealand will show an 'S' mark (New Zealand Standard NZS 1754), or a tick mark (Australian Standard AS 1754), or an 'E' mark (European Standard ECE 44).

Cigarette or nicotine replacements
You may not list cigarette or nicotine replacements, including e-cigarettes or products intended for use as a nicotine replacement.

Copyright and other intellectual property rights
You must not list any item which infringes anyone else's copyright or other intellectual property rights. As a seller it is your responsibility to ensure the items you list and the content of your listing are not in breach of any intellectual property rights.
Read our Intellectual Property Rights Guide, or learn more about copyright law.

Courier tickets
You may not list courier tickets for sale on Global Advertising Internet Network and GAIN Global Trader.

Digital currency
You may not list Bitcoins or other digital currency, offers of the service to mine coins, or digital or paper wallets. You may list rigs or devices which mine Bitcoins or other digital currencies.

Digital content
These restrictions on digital content are to prevent breaches of intellectual property rights and to ensure the requirements of the Films, Videos, and Publications Classifications Act 1993 (FVPC Act) are met.
You may not list any of the following unless one of the exceptions below applies:

  • Digital content (such as photos, software, audio files including music, and digital video files).
  • Storage devices (such as hard drives, flash drives, CDs or DVDs) containing digital content (if the contents of the device would not otherwise be allowed to be listed).
  • Access to subscription-based digital content (such as Netflix or Hulu accounts).
  • Accounts or memberships for online services (such as gaming networks).


Exceptions: Provided the item or content is classified in accordance with the FVPC Act or does not require classification, you may list:

  • Accounts, subscriptions or access to digital content or online services, but only if the service provider allows it (for example, Sky Television does not allow the re-sale of Sky subscriptions).
  • Digital content (like games and other software) on original discs.
  • Installation keys for games, add-on packs and items such as avatars and account top-ups for PlayStation and Xbox.
  • Installation keys for software.
  • Original Equipment Manufacturer (OEM) software, but only together with the equipment for which it is licensed.
  • Text works (such as eBooks) for which you are the sole copyright owner and the original author.


Dogs
You may not list the following menacing dog breeds:

  • American Pit Bull Terrier
  • Brazilian Fila
  • Dogo Argentino
  • Japanese Tosa
  • Presa Canario


You may not list the following dog breeds, which may be susceptible to Brachycephalic Obstructive Airway Syndrome:

  • Pugs
  • English Bulldogs
  • French Bulldogs


You may not make listings offering stud services or the semen of these breeds.

Event tickets
You may not list tickets to events which are subject to the Major Events Management Act 2007. For more information please see this Ministry of Economic Development site about major events.

Electrical items
All electrical items listed must be safe. Some items require a supplier declaration of compliance (SDOC) before they can be sold; other items considered higher risk also require safety approval or certification.
For more information on electrical items, visit the Energy Safety website and check out their guide to supplying safe electrical products.
Electrical items with foreign plugs may not be listed.  

Face masks
Only members that have explicit written permission from Global Advertising Internet Network and GAIN Global Trader may list face masks. You can apply to be an approved member.
Approved members may only list face masks in the designated face mask category. Non approved members may not list any masks, including fabric face masks and DIY face mask kits. 
All approved members need to demonstrate that their goods are safe and fit for purpose as part of their application. If approved members wish to sell different types of face masks after being approved, they will need to reapply.
Applications may be rejected at Global Advertising Internet Network and GAIN Global Trader's discretion.

Approved members selling face masks are also required to disclose their in trade status.

Sports, recreational and construction face coverings are not deemed to be face masks if they are listed in the correct category and make no therapeutic claims.

Felt soled waders
It is illegal under the Conservation Act 1987 to use felt soled waders for freshwater sports fishing in NZ.

If you are listing felt soled shoes or waders you will need to include the text below in your listing description:

“It is illegal under the Conservation Act 1987 to use felt soled waders for freshwater sports fishing in NZ. This is to assist in preventing the spread of aquatic pest organisms such as didymo and other pest species which can be spread by water droplets contained within the felt soles.”

Firearms and ammunition
You may list firearms that can be legally purchased and used by “A” category firearms license holders in New Zealand. 
You may not sell firearms that require additional license endorsements to purchase. You may also not sell any items that would allow “A” category firearms to be converted into semi-automatic firearms or other category firearms.
The sale of firearms and ammunition remotely on Global Advertising Internet Network and GAIN Global Trader is within the provisions of section 43A of the Arms Act 1983. It is an offence to sell by mail order a firearm or any ammunition for a firearm otherwise than pursuant to a written order signed by the purchaser and bearing an endorsement signed by a member of the Police stating that the member of Police has inspected the purchaser's firearms license and is satisfied that the purchaser is a fit and proper person to purchase that firearm or ammunition. Accordingly, sellers must sight the firearms license of the buyer, or for remote sales sellers must receive written confirmation signed by Police confirming the buyer holds a valid firearm's license. Forms are available at any police station and following an October 2015 change in Police policy, Police will email the completed form to the seller. Sellers will need to supply their name, physical address, email address and firearms license to buyers to facilitate this.
You may only sell firearms that are already in New Zealand. Overseas members may not buy or sell firearms or firearms parts on the site.
Only one firearm may be advertised per listing.
You may not list reloaded ammunition.

Flat Mates wanted
In flat mate wanted listings you may not use language intended to exclude marginalized or minority groups on the grounds of:

  • Race, ethnicity or national origin
  • Religion
  • LGBTQI+ identity
  • Disability, impairment or illness


Fireworks
You may not list fireworks for sale on the site.

Flights
You may not list any kind of flight ticket or airfare for sale on Global Advertising Internet Network and GAIN Global Trader (even if the ticket is transferable) unless you are the originating airline or a travel agent.

Foreign plugs
In order to comply with New Zealand laws, items with foreign plugs may not be listed. This applies to items that require an adaptor to connect to a New Zealand socket.

For more information on plugs, visit the Ministry of Economic Development's Energy Safety website and check out their guide to supplying safe electrical products.

Food
All food listed on the site must be produced in a registered premises or under an approved food safety programme or registered risk management programme. It must also comply with food labelling and standards requirements.

Visit the New Zealand Food Safety Authority website for further information or contact your local council.

Frequent flyer points
You may not list frequent flyer points on the site. Most frequent flyer reward schemes do not allow the transfer of points.

Fur
New items containing fur may not be listed, unless the fur is sourced from a New Zealand domestic species (like possum or rabbit). You may list second hand items (but not new items) containing fur, from non-domestic animals or animals covered by CITEs.

Gas appliances
All new and second-hand gas appliances must be safe, and need to have been declared safe under the Gas (Safety and Measurement) Regulations 2010 before they can be listed.

For more information, visit the Energy Safety website and check out their guide to supplying safe gas products.

Gang paraphernalia/memorabilia
You may not list gang-related paraphernalia or memorabilia on the site. Global Advertising Internet Network and GAIN Global Trader reserves the right to determine (in our sole discretion) what is considered to be gang-related.

Hang gliders and paragliders
Gliders must have a new Warrant of Fitness before they are listed. WOF's can only be issued by the New Zealand Hang Gliding and Paragliding Association.

Human bodies or body parts
You may not list a human body or body parts on the site. This includes such items as sperm, eggs, excrement, and bone.

Items subject to product safety standards
The following items must comply with all applicable product safety standards before you list them on the site:

  • Baby walkers
  • Children's nightwear
  • Children's toys
  • Cigarette lighters
  • Cots
  • Pedal bicycles


Read more about product safety standards.

Kwila and merbau
You may only list new kwila or merbau products that are certified by one of two accreditation bodies: the Programme for the Endorsement of Forest Certification (PEFC) or the Forest Stewardship Council (FSC).
We may ask for proof of these certifications if you wish to list new kwila or merbau products. 

Ladders
You may only list new ladders that comply with safety standard AS/NZS 1892.1:1996.

Laser pointers
You may not list laser pointers or any similar devices with an output power greater than 1 milliwatt.

Lottery and raffle tickets
You may not list lottery or raffle tickets for sale, as selling them online is prohibited under the Gambling Act 2003. For more information, visit the Department of Internal Affairs website.

Made to order items
You may list items that are 'made to order' only in the following circumstances:

  • The goods will be shipped within one week of the auction's close.
  • The auction is for a specific item, where the winning bidder may choose one simple thing such as color or size.
  • The winning bidder does not have to supply additional information, such as a photo, in order for the item to be made.


Magnetic and smart card readers
You may not list magnetic / smart card readers or writers, or blank cards that can be used with these devices.

Medical devices
If listing a medical device (excluding first aid kits) you must state in the listing "Consult a medical professional first and follow the instructions." Medical devices include but aren't limited to: insulin pumps, infusion pumps, enteral feeding devices, CPAP machines, ventilators and apnea alarms.

Medicines
Pharmacists who are registered by the Pharmacy Council under the Health Practitioners Competence Assurance Act 2003 can list general sale and pharmacy-only medicines on Global Advertising Internet Network and GAIN Global Trader with our express permission in writing. Medicines listings must be Buy Now Only, and created within the following medicines categories:

  • Allergy & sinus
  • Cough, cold & flu
  • Creams & lotions
  • Digestion & nausea
  • Pain relief
  • Contact lens solution

Prescription medicines are not able to be listed. Listings must comply with the Therapeutic Products Advertising Code, the Pharmacy Council Statement on the ‘Promotion and Supply of Medicines over the internet’ and the Pharmacy Council of New Zealand and Pharmaceutical Society’s ‘Advertising Guidelines'.

Movies and games
The sale of films, videos, DVDs, VCDs and laser disks is covered by the Films, Videos and Publications Classification Act 1993.
You may only list movies and games if they carry the correct New Zealand classification sticker. When listing such items, you must include in your listing the New Zealand classification rating and all information on the classification label. Additionally any photos you upload must prominently display the appropriate New Zealand classification rating.
For more information, visit the Office of Film and Literature Classification website.

Motor vehicles
Motor vehicles traders must not list motor vehicles that have been statutorily written off in Australia, unless you clearly disclose within the listing body that the vehicle was previously written off. This applies to vehicles that were imported to New Zealand, from Australia, on or after 1 January 2011.
We'll enforce this requirement from 1 July 2019 onward.

Natural Disaster & Civil Emergency Policy

You may not list any item that is intended to take advantage of a time of national or international crisis, natural disaster, or civil emergency. If any such event occurs, you may not:

  • Create any listing which attempts to take an excessive profit.  
  • Feature excessive Buy Now or Reserve prices that do not reflect normal retail pricing.

Global Advertising Internet Network and GAIN Global Trader will exercise its sole discretion to determine whether or not you are in breach of this policy. 
If we consider that you are taking advantage of any national or international crisis, natural disaster or civil emergency, we may remove or edit your listings, remove your access to certain categories or suspend your membership.

Novelty Lighters
You may not list novelty lighters on Global Advertising Internet Network and GAIN Global Trader. Novelty lighters produce a flame and are designed to look like another object. Lighters shaped as toys, tools, food or other objects, that make noise, have flashing lights or other functionality are likely to be novelty lighters. Global Advertising Internet Network and GAIN Global Trader has the discretion to determine whether a lighter is considered a novelty lighter. Please note that cigarette lighters can be sold, but these must meet the mandatory product safety standard.

Needles and syringes
The Health (Needles and Syringes) Regulations 1998 state that only approved professionals such as Pharmacists may sell needles or syringes. Unless you are approved under the regulations you may not list needles or syringes on the site.

Offensive items and memorabilia 
Global Advertising Internet Network and GAIN Global Trader does not support any hateful or intolerant ideologies.
We recognize the importance of remembering the past. We are aware that some groups may be distressed at offensive goods being in the marketplace and that others may use them for modern hate.
Legitimate collectors of these items may still trade such goods on Global Advertising Internet Network and GAIN Global Trader, subject to the restrictions outlined below.
Subject to the permitted categories listed in this section, you cannot list items that, either in themselves or by description, promote or glorify racial, sexual, religious or other intolerance, hatred or violence, or that promote organizations with such views.
In particular, this includes:
Confederate flags
You may not list items that feature the Confederate flag as a focal point. This excludes film and literature.
Golliwogs and Dinah/Jolly money boxes
You may not list items that utilize the black face caricature. This excludes film and literature.
Nazi and Nazi-related items

  • Permitted:
     
    • Stamps, letters, and envelopes displaying Nazi postmarks.
    • Currency issued by the Nazi German government, including military scripts.
    • Nazi-issued documents (including passports, travel papers).
    • WWII military model kits that have Nazi symbols.
    • Historical and religious items that bear a swastika if they are made before 1933 and are not related to Nazism.
    • German military items not related to the Nazi Party or the Schutzstaffel (SS) or Waffen SS.
    • Propaganda from Allied parties that contain reference to Nazism or Nazi symbology.
    • Books which are reproductions of original publications by Nazi personalities, or which contain information about the Nazi party, or the holocaust, may be listed where they contain information that informs the reader of its historical context e.g. Mein Kampf, academic text books.
  • Not permitted:

     
    • Historical Nazi-related items, including reproductions such as: Uniforms, uniform components, weapons, medals (not including sports medals), or other items that bear Nazi symbols, whether visible or covered.
    • Historical Holocaust-related items, including reproductions such as:
      • Uniforms and personal belongings of concentration camp prisoners
      • Jewish identification (including armbands, Star of David)
    • Listings in which images are edited or cropped to try and hide Nazi symbols.
    • Items that originally had Nazi symbols that have been removed Items that were owned by Nazi leaders or identities such as:
      • Joseph Goebbels
      • Hermann Goering
      • Rudolf Hess
      • Reinhard Heydrich
      • Heinrich Himmler
      • Adolf Hitler
      • Adolf Eichmann
    • Any item made after 1933 that bears a swastika (e.g., jewelry, clothing, rugs, fabrics, posters), unless expressly permitted in the section above. We appreciate that the swastika symbol is used in religions, including Hinduism and Buddhism. However, we have decided to not allow any non-historic items bearing a swastika as they may be used in support of modern hate groups.
    • Any other media identified as Nazi propaganda or that otherwise promotes hatred or racial supremacy including historic and current items.

Reproductions of racially or ethically questionable historical items
We allow the sale of items with historical significance in the following contexts:

  • Items of historical significance which are original in nature. Reproductions of these items are not permitted.
  • Images of items that contain offensive terms may be listed if it is part of the actual name of the item, but the term cannot be in the title or description of the listing.
  • Reprints of works of literature or art which are of historical significance.
  • Art and media listings and products (such as books and music) where the offensive word or phrase is part of the title of the work.

The examples provided above are not intended to be a prescriptive list. Given the wide variety of items relating to these categories, Global Advertising Internet Network and GAIN Global Trader reserves the right to remove any listing at its sole discretion. Global Advertising Internet Network and GAIN Global Trader will listen to all points of view when making these decisions.

Paint colors
If you're listing paints which are "tinted to" or "similar to" the colors of certain brands, you may not refer to those brands.

Pets and animals
Dogs, cats, birds, rabbits, horses, donkeys and ponies may not be auctioned. These animals must be listed in their correct category as a classified ad, so the seller won't be obliged to sell the animal to an unsuitable home.

We have banned the listing of some breeds of dogs on the site.
Puppies, kittens and rabbits may be listed but must be at least eight weeks old before they are rehomed, except where the mother has abandoned or is otherwise unable to nourish her offspring.
Unborn animals may not be listed.
Electronic dog collars may not be listed. You may not list a pinch or prong dog collar as doing so encourages buyers to breach MPI's Code of Welfare: Dogs, which states that this type of collar must not be used.
The Ministry of Primary Industries has provided some more information about what to consider when buying or selling animals on Global Advertising Internet Network and GAIN Global Trader.

Plants
You may not list plants that are on The National Pest Plant Accord, which can be found at Protect New Zealand.
You may not list kiwifruit plant material including kiwifruit bud wood, kiwifruit pollen or kiwifruit firewood.

Plastic shopping bags 
You may not list plastic shopping bags with handles, and that measure under 70 microns thick. This applies to the kind of plastic bags that used to be provided to supermarket shoppers prior to the Waste Minimization (Plastic Shopping Bags) Regulations 2018.

Protected New Zealand objects
Under the Protected Objects Act 1975 (previously the Antiquities Act), it is an offence to sell taonga tuturu (Maori cultural objects) to people other than registered collectors, public museums and licensed dealers. The Act also regulates the export of protected New Zealand objects and you must obtain permission from the Ministry for Culture and Heritage to export such objects. 

Radio transmitters or transceivers
All radio transmitters or transceivers listed for sale must comply with New Zealand licensing and compliance regulations. Check your compliance and licensing requirements.
All two-way radios must have the seller's license disclosed in the listing.
International sellers are prohibited from listing two-way radios on the site.
For further queries please contact Radio Spectrum Management on 0508 RSM INFO.

Recreational drugs
You may not list recreational drugs (herbal or chemical) or related equipment on the site. This includes such items as dance pills and NOS canisters, and items used in the cultivation of cannabis.

Seat belt extenders 
You may not list seat belt extenders on the site. 

Services
You may only list services on the site in the Services Category. You may not list 'adult services'.

Shares and securities
There are special laws and regulations that apply to trading items of a speculative nature. Because of this, you can’t use our Services to sell these sorts of items like shares, securities or pyramid schemes.

Software that interfaces with the Global Advertising Internet Network and GAIN Global Trader website
You may not list software that technically interfaces with the Global Advertising Internet Network and GAIN Global Trader website. This includes but is not limited to things such as auto-relisters.

Sunbeds and sunlamps
You may only list sunbeds or sunlamps if you include the following information within your listing:

  • Anyone under 18 should not be using the sunbeds or sunlamps
  • A warning that fair-skinned people may be at greater risk to skin damage
  • Recommend use of safety goggles
  • A link to Cancer Society’s information sheet on Sunbeds and Sunlamps.


In addition, you cannot make any therapeutic or health claims about the use of these products.
For more information on these products, check out the Cancer Society’s information sheet.

Supplements
Listings for supplements for human use must comply with the Dietary Supplements Regulations 1985. We do not permit listings for supplements which are intended to alter libido or sexual performance. We reserve sole discretion to permit or refuse permission for listings for particular supplements.

Tattoo ink
You may not list tattoo ink. Ink must also not be included in tattoo kits.

Treated timber
Treated timber may not be listed as being suitable for firewood. 

Tobacco
You may not list tobacco on the site. The advertisement and sale of tobacco based products contravenes the Smoke Free Environment Act of 1990.

Underwear or undergarments
Used or second hand underwear may be sold on the site. However, it must be washed thoroughly.

Uniforms for NZ Emergency services
You may not list uniforms or accessories for New Zealand 111 Emergency services. This includes police, fire and ambulance uniforms.

VCDs
You may not list VCDs for sale on the site.

Veterinary medicines
You cannot list Prescription Animal Remedies (PAR) or veterinary only medicines.

Weapons
You may not list weapons intended for attack purposes, including (without limitation):

  • Knives, or weapons incorporating blades which are designed to be thrown such as throwing knives, ninja stars, or throwing axes.
  • Knives with a blade that opens automatically by hand pressure applied to a button, spring, or other device in or attached to the handle of the knife, commonly known as flick knives or switchblades.
  • Knives with a blade that is released from the handle or sheath by the force of gravity or the application of centrifugal force, commonly known as butterfly or gravity knives.
  • Any knife or blade which is designed to give the appearance of another article such as sword sticks.
  • Any knife (excluding folding pocket knives with a blade less than 10cm in length) that is designed for easy concealment on the body, or has a double-edged blade designed for stabbing/throwing.
  • Knuckle dusters, nun chucks, mace/morning star/flail, axes (designed/advertised as weapons) hooks, and spikes.
  • Side handled/ASP/extensible batons, pepper/OC spray. Stun guns or Tasers.
  • Any weapon, the possession of which would constitute a criminal offence under current New Zealand legislation.


Listings may not promote or imply violence. This includes describing (or implying) that an item can be used in fighting, security, military or combat scenarios, or that using it in self-defense may cause injury (for example a 'self-defense knife').
Global Advertising Internet Network and GAIN Global Trader reserves the right to remove any listing which it deems to be for an offensive weapon.

Wholesale lists
You may not list wholesale lists or place listings that are used to solely promote the purchase of items through other channels.
 
Selling wine on Global Advertising Internet Network and GAIN Global Trader
The sale of alcoholic beverages (including wine) on Global Advertising Internet Network and GAIN Global Trader is generally prohibited, due to stringent laws governing the sale and purchase of alcohol in New Zealand. However, we allow licensed sellers to participate in the sale of wine, and we limit sales in our Wine category to these sellers.
Sellers of wine must meet the following requirements:

  • hold a current appropriate off-license certificate*
  • include their shipping policy on all wine listings
  • comply with the Code for Advertising and Promotion of Alcohol and all relevant New Zealand laws
  • upload (or provide a link to) a clear image of their off-license (on each listing)
  • enter details of their name (as license holder), license number and expiry date of the license within each listing.

If you meet this criteria and are interested in selling wine on Global Advertising Internet Network and GAIN Global Trader, please complete the application form:
Download the application form (PDF)
*If the seller has made an application to renew a license before the end of the license’s currency, the seller may continue to sell wine if Global Advertising Internet Network and GAIN Global Trader receives proof of the application and is satisfied that the license remains in force. A wine seller must immediately notify Global Advertising Internet Network and GAIN Global Trader of the outcome of a licensing authority’s decision whether or not to renew the seller’s license.
 
Intellectual Property Rights
We work hard to ensure that the site is free from counterfeit goods and items that infringe other people's intellectual property rights – which includes the protection of smartphones, tablets, clothing, and handbags across hundreds of popular brands.
We take this stuff seriously as we want Global Advertising Internet Network and GAIN Global Trader to remain a trusted place for Kiwis to buy and sell everything under the sun (minus all the stuff on our banned and restricted list, of course).
Our first priority is to protect our members and the marketplace we operate, and that means we need to do our bit to help consumers not be misled or confused about what they are buying by helping sellers understand what is and isn't OK to sell.

  • Don't sell counterfeit items on Global Advertising Internet Network and GAIN Global Trader. It makes no difference if you say they are fake, replicas, or counterfeits. No exceptions allowed.
  • Rights holders often monitor the site and may bring your listings to our attention. In reviewing these reports, considerations may include whether the item has any design elements copied from another product such as shape, colors, similar buttons and buckles, or switches and their placement.
  • Tablets and smartphones are welcome on Global Advertising Internet Network and GAIN Global Trader, as long as they aren't copies of other branded products or otherwise infringe intellectual property rights.
  • If it looks just like a genuine branded product, but isn't, don't list it. If the item could be easily confused with a branded product, don't list it.
  • Ensure that the text and pictures you use in your listings are yours to use and not simply copied from another website, or taken from another member’s listing.
  • Be sure to check that your product sources are reputable. There are many businesses and websites out there that will happily sell you items that infringe intellectual property rights. 


We want Global Advertising Internet Network and GAIN Global Trader to remain a site where our members can buy with confidence and be sure they are buying genuine items – if the deal you are about to offer is too good to be true, it probably isn't so don't list it. 
Intellectual property and Global Advertising Internet Network and GAIN Global Trader
There are also some legal requirements under Section 92C of the Copyright Act which mean that if we “know or have reason to believe” that a listing on the site breaches copyright, we need to remove it.
I'm a rights holder, how do I get on board the Global Advertising Internet Network and GAIN Global Trader IPR programme?
We take infringements of intellectual property rights seriously, so if you are a brand owner or intellectual property rights holder and believe products on Global Advertising Internet Network and GAIN Global Trader infringe your rights please contact us. We have an established process in place for intellectual property owners.
How many brands are part of it?
Our IPR programme is a dynamic beast and is not a new initiative – it has been in place for years. At the moment there are more than 800 brands we work with. We hear from them from time-to-time, and all of them have provided us with information about their rights. It’s important to note that the programme is not just in place for big companies – we work with rights holders across the spectrum and they come in all shapes and sizes from knife-makers and artists, to paint companies and singers.
What sort of proof do you require?
We usually require registered proof of intellectual property rights (e.g. IPONZ registration, registered patents, etc.), so some sort of vague email or phone call will not cut the mustard. Having proof means we guard against spurious claims between competitors.
How does Global Advertising Internet Network and GAIN Global Trader find out about alleged breaches?
Mainly via infringement notices provided by rights holders. If you see something and think we should take a closer look, hit the Community Watch button at the bottom of a listing.
What does Global Advertising Internet Network and GAIN Global Trader do?
It's a bit of a balancing act to make sure our actions are fair to buyers, and fair to sellers.
When an alleged breach is brought to our attention by a rights holder, we review it in conjunction with the information they have provided us. If we agree there’s a breach, the listings will be edited or removed and we will contact the seller to let them know why.
We also take proactive action in some cases where we believe products are likely to deceive or confuse the average buyer.
If a seller is blatantly disregarding our advice and continues to list items that are potentially in breach, they will be banned.
If we’re not presented with sufficient information, or if we believe the brand is overstepping the mark we push back and ask for more information (or decline the request). Our responsibilities under the Privacy Act mean we can release member information for the purpose of court or tribunal proceedings. We require evidence that proceedings are in play, or a court order before we pass on information about a seller, or provide their details to a rights holder. This is because we want to ensure Global Advertising Internet Network and GAIN Global Trader is also a fair venue for sellers. 
Handy Links:

 
Using GAIN Global Trader's trade marks in applications

​We want people to use the API to build cool, creative and useful applications, but we don't want them to be confused about what GAIN Global Trader has (or hasn't) been involved in building.

We're pretty reasonable, but we do have a few dos and don'ts in relation to the way applications that tap into the GAIN Global Trader API are represented.
Do:

  • Use the words 'GAIN Global Trader' as a link to the GAIN Global Trader site.
  • Use the words 'GAIN Global Trader' to state that your application is compatible with GAIN Global Trader and built on GAIN Global Trader's platform.
  • Give your application a unique name and branding that doesn't include the words 'GAIN Global Trader'.



Don't:

  • Use the GAIN Global Trader name or other trademarks to imply that GAIN Global Trader endorses your application.
  • Use GAIN Global Trader's logo or copy GAIN Global Trader's look and feel.
  • Try to register a trade mark or domain name that includes the words 'GAIN Global Trader' (or misspellings of it).

 
Before you copy that image from Google....
Copying photos is illegal as they are protected by copyright. It is only OK to use photos you have taken yourself.
9 February 2021
I'm sure you'd agree that as sellers on Global Advertising Internet Network and GAIN Global Trader, we all want to make our listings look pretty and professional.
And, what better way to do this than running a quick Google image search, and borrowing an image from the pros.
Right??
Well you can’t do this and here’s why…
Those images look professional, because they are. Popular brands like OPI, Nike and Samsung have most likely paid to have them created.
This means that they now own the copyright over them, and can control how they are used.
Copyright arises automatically in original works, and can cover things like drawings, art, photos and text.
If you ’borrow' an image off Google without permission or authorization, you could be breaching someone’s copyright.
Global Advertising Internet Network and GAIN Global Trader operates an intellectual property programme where we work with around 800 brands, rights holders and their lawyers on a daily basis.
If a rights holder gets in touch with us about your use of their copyright material, and we agree with their position, we’ll have to remove any copyright material from your listing, or remove it entirely.
This is why we recommend using your own images and writing your own text as the best course of action. Also, using your own detailed photos is a great way to avoid disputes with buyers.
If you advertise your products honestly and accurately, you’re way less likely to end up in the Dispute Tribunal.
There’s no register for copyright in New Zealand like there is in America, so we understand that copyright can be a bit of a grey area.
To get more info, we recommend you check out the Intellectual Property Office’s information on copyright and the Copyright Council of New Zealand’s FAQs.
If you’re an intellectual property rights holder, and you think your copyright is being infringed, make sure you get in touch.
 
Seller's Terms and Conditions for Pay Now.

  1. Background

    1.1 These are the terms and conditions upon which GAIN Global Trader Foundation (GAIN Global Trader) provides the Seller with the Pay Now service (the Service) that enables the Seller to offer an online credit card payment option to people buying items from the Seller on GAIN Global Trader.
  2. Sellers' obligations and service levels

    2.1 The Seller must have at least 50 feedback (unless otherwise agreed with GAIN Global Trader in writing) and maintain a current Address Verified status at all times.

    2.2 The Seller must not add surcharges for payment using Pay Now.

    2.3 The Seller agrees to ship goods within three days of notification of payment.

    2.4 The Seller agrees to provide comprehensive shipping options on all auctions offering Pay Now. Failure to do so may result in the Seller's Pay Now status being revoked. (This may require an alternative funding source of payment)

    2.5 If the goods have 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.

    2.6 Sellers agree to conduct themselves in good faith, respond to communications with GAIN Global Trader in the event of a dispute, and be bound by the outcome of any dispute resolution process that they enter into with the Buyer.

    2.7 In no circumstances should a Seller ship goods outside their own Country unless they are certain of a satisfied result of settlement within a timely manner of 30-45 Days.
  3. The Pay Now Service

    3.1 GAIN Global Trader will provide the Seller with the option to accept payment by Pay Now when listing an item. It is recommended to top-up the internal e-wallet account into credit-euro to be transferred from member to another member for any transaction.

    3.2 For any listing where the Seller opts to accept payment by Pay Now during the listing process, GAIN Global Trader will:
    1. Encourage the easier option to top-up their internal e-wallet account for a faster and more controlled transaction.
    2. Indicate on that listing that payment can be made by Pay Now; and
    3. Facilitate the option for buyers to pay for the item using Pay Now.
  4. How funds are held

    4.1 GAIN Global Trader will hold the money received from buyers on trust, in an interest bearing account. GAIN Global Trader is authorized to deduct its fees and retain any interest. The Seller will not earn interest on monies held by GAIN Global Trader.

    4.2 GAIN Global Trader will hold money indefinitely as the recommended process is to top-up a member's internal e-wallet account(s) through Pay Now that manually transfers money into credits, less any fees to be used in the transaction between seller and purchaser/buyer. GAIN Global Trader will hold the money for up to three working days, and will then pass the credits on to the Seller's Nominated E-wallet Account.

    4.3 GAIN Global Trader may hold payments for longer periods at its discretion, such as to minimize fraud risks, or if the Seller's Nominated Bank Account is not a Euro bank account. No payment will be unreasonably withheld.

    4.4 To provide the Seller with visibility of payments, GAIN Global Trader will provide the Seller with a Pay Now account where the Seller can view that payments have been made by the Buyer, before being transferred to the Seller's Nominated E-wallet Account. The Seller acknowledges that payments into the Seller's Pay Now Account are not a guarantee of payment into the Seller's Nominated E-wallet Account and can be withdrawn at any time, if the payment deems to be fraudulent or insufficient funds to complete any transaction.
  5. Charges and Fees

    5.1 GAIN Global Trader will charge the Seller a fee for every credit card transaction under this agreement as a fee for facilitating the Service. The fee will be 1.95% of the transaction value and will be deducted from the Seller's Pay Now account. GAIN Global Trader may change this fee at any time with one week's notice.

    5.2 In some circumstances, (such as if the Buyer disputes authorizing a payment) a bank may Chargeback a payment (a Chargeback). In the event of a Chargeback GAIN Global Trader will refund the 1.95% fee.
  6. Seller's GAIN Global Trader Account

    6.1 Sellers will not be able to list an item if either their General or Payment Ledgers are in debt.
    6.2 Sellers with negative account balances may be referred to an off-line collection agency.
  7. Seller's bank account

    7.1 The Seller must have a verified, Wise international bank account in their own currency that includes a Euro Dollar Bank Account which will be the Seller's Nominated Bank Account, unless otherwise agreed with GAIN Global Trader in writing.

    7.2 Before the Service to the Seller is enabled, the Seller must complete GAIN Global Trader's bank account verification process. GAIN Global Trader may require subsequent confirmation of this account if the Seller has not received a payment for three or more months.

    7.3 If the Seller wishes to change their Nominated Bank Account, they must complete the bank account verification process for the purposes of account validity and verification to avoid (AML) anti-money laundering crimes. GAIN Global Trader will continue to make payments into the existing Nominated E-wallet Account until the new account is verified. The Seller should still send the goods as per clause 2.3.
  8. Fraud prevention measures

    8.1 GAIN Global Trader employs fraud engines and detection techniques that are designed to protect sellers and buyers. As a result, GAIN Global Trader will sometimes hold or reverse payments or take other steps to protect members.

    8.2 GAIN Global Trader has systems in place to reduce the risk of credit card fraud and prevent the unauthorized use of credit or debit cards. Sellers should not release or send goods purchased via Pay Now until notified to do so by GAIN Global Trader. Where GAIN Global Trader is subsequently made aware that a transaction was not authorized by the registered card holder, and the Seller has acted in accordance with GAIN Global Trader's instruction regarding that transaction, GAIN Global Trader will not pass the loss onto the Seller.

    8.3 GAIN Global Trader is not liable for falsely declining transactions.
  9. Reversals, Chargebacks and refunds

    9.1 GAIN Global Trader may reverse a payment to the Seller should a Chargeback or an erroneous payment occur. If the payment to GAIN Global Trader is reversed, and if GAIN Global Trader cannot reverse the payment to the Seller automatically, the Seller must pay GAIN Global Trader the reversed amount. GAIN Global Trader may also charge interest while the payment is outstanding.

    9.2 In the event that GAIN Global Trader does incur a loss as a result of a chargeback, this chargeback cost may be passed on to the Seller.

    9.3 In the event of a Chargeback, GAIN Global Trader will provide reasonable evidence to the bank about the transaction. The Seller may also be asked to provide additional information (including proof of postage.)

    9.4 Except as outlined in section 8, GAIN Global Trader is not liable for letting through transactions that result in Chargebacks and loss for sellers. In the event of a chargeback (or refund) GAIN Global Trader will debit the amount from the Seller's Pay Now account/E-wallet account, so that the funds are deducted from the Seller's next payment. Alternatively the Seller can make a payment to their General ledger and transfer the funds via a top-up to their e-wallet account.
  10. Transaction limits

    10.1 Transaction limits apply and may be changed by GAIN Global Trader at any time.
  11. Disclaimers

    11.1 The Seller accepts that:
    1. GAIN Global Trader only facilitates the Service, and does not take any part in the sale itself including as an agent for either party.
    2. GAIN Global Trader'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. GAIN Global Trader makes no warranty that the Service will meet the requirements of all prospective users, or that the Service (including any reports) will be uninterrupted, timely, secure or error free.
    4. GAIN Global Trader bears no responsibility or liability for any misconduct or mistakes by buyers or other third parties who are involved in the transaction.

 
12. Indemnity and liability

12.1 The Seller agrees to indemnify GAIN Global Trader, its officers and employees against any claim or demand made by any third party due to or arising out of the Seller's use of the Service.

12.2 Except as expressly provided in this Agreement all representations or warranties (statutory, express or implied), except any which may not lawfully be excluded, are expressly excluded, including without prejudice to the generality of the foregoing, any implied warranties of merchantability and fitness for a particular purpose.

13. Termination

13.1 GAIN Global Trader may terminate this agreement immediately if the Seller breaches either this agreement or GAIN Global Trader's general terms and conditions or engages in conduct that GAIN Global Trader deems inappropriate or unacceptable, including if it deems there to be unacceptable risk.
13.2 Either party may terminate this agreement for any other reason by giving 30 days' notice.

14. GAIN Global Trader Terms and Conditions and Privacy Policy

14.1 GAIN Global Trader’s Terms and Conditions as set out on the GAIN Global Trader website form part of these terms and conditions and shall (with all necessary modifications) apply so far as is possible to this agreement.
14.2 GAIN Global Trader's Privacy Policy applies to any information provided by the Seller to GAIN Global Trader under this agreement. 
 
API terms and conditions
Thanks for your interest in GAIN Global Trader and our API. We want people to use the API to build great applications but we have a few rules about how it is used.

GAIN Global Trader's API is made available to you on the following conditions. Your or your application's use of the API constitutes your acceptance of these terms.

If you want to do anything that goes outside this, then talk to us first and we may be prepared to make an exception.
Your access to the API

  1. When you register an application that uses our API, you agree to keep your access keys to yourself.
  2. You agree to ensure your users and you stay within the rate limits enforced by our API, and to not do anything that causes our technical people to stress out.
  3. You agree to ensure your application doesn't do anything that could cause a user to breach these terms and conditions or any other of GAIN Global Trader's terms and conditions.
  4. You agree not to use your users' access to the API for your own purposes, or for any purpose other than carrying out your users' instructions.
  5. You agree not to do anything on behalf of a user that has not been clearly authorized by that user.
  6. We may impose limitations on or block your application's access to the API at any time if you breach these terms, or at our sole discretion.

OAuth

  1. You may only enable your users to interact with GAIN Global Trader in a way that requires login after they have used OAuth. You agree to never ask for, collect or store GAIN Global Trader members' usernames or passwords.
  2. If content is only viewable after a member has logged in, then you may only make it available to that member after they have signed in via OAuth.

Accuracy and compliance

  1. Try and keep all information your application displays up to date. If there's a delay associated with the information you're displaying, be honest and tell your users.
  2. You must ensure that any information your application sends us is accurate and that you have the right to send it to us and for us to use it. For example: any bids, questions or comments made on behalf of a member must have been authorized by that member.
  3. You and your application must comply with the law.
  4. You may not use data in a way that is illegal or misleading or that breaches any of GAIN Global Trader's terms and conditions or infringes others' rights, or that facilitates or assists members to breach any of GAIN Global Trader's terms and conditions or any law, or infringes others' rights.
  5. If you enable users to bid or buy, it may only be through their membership, and you agree to display all information available that is required by relevant laws - e.g. Fuel saver information and Consumer Information Notices where available for cars.

Privacy

  1. In dealing with your users' information, you agree to comply with the Privacy Act 1993, and your own privacy policy. If you do not publish a privacy policy, you agree to comply with ours.
  2. In handling any information you obtain about GAIN Global Trader members who are not your users, you agree to comply with our privacy policy.
  3. You may only use data that GAIN Global Trader makes available to you, to facilitate your members' use of GAIN Global Trader's services via your application.
  4. You agree to delete all personal information when it's no longer required for the legitimate purpose for which you obtained it.
  5. GAIN Global Trader content that a member makes publicly available should be deleted by you after it is no longer publicly available, and we reserve the right to require you to do so.
  6. You agree to only use the data we provide you to enable your application, and to delete it when no longer required for your application, or if we terminate this agreement.

Play nicely

  1. Remember that you're writing software to interact with our production system. Please act responsibly and professionally, test your software, and don't do anything to put our system or members at risk.
  2. Without limiting clause 20, you agree not to:
    • surprise users by using their data in a way that they haven't given you permission to; 
    • spam GAIN Global Trader members; 
    • use API data to establish GAIN Global Trader member identities, profiles, or retrieve personal information, or enable others to do so; or
    • share API data, or facilitate anyone else's access to the API or GAIN Global Trader content anywhere other than through your application.

Intellectual property

  1. Intellectual property retrieved through the API remains the property of GAIN Global Trader or our members, as the case may be. We ask you to respect that, and only use the information obtained through the API for purposes clearly authorized by us.
  2. You agree to comply with our guidelines on using our trade marks in applications. In particular, applications must not use "GAIN Global Trader" in their name, or use GAIN Global Trader trade marks in a way that suggests endorsement by GAIN Global Trader.
  3. You may not combine GAIN Global Trader content with content from other online marketplaces without our express permission.
  4. We reserve the right to develop and run an application similar to or in competition with yours.

Updates to the API and these terms

  1. We will continue to update the API from time-to-time and may not notify you when we do. Although we'll do our best to avoid making 'breaking-changes', sometimes the changes we do make may result in you needing to make changes to your application at your own cost.
  2. We will continue to update these terms as our API evolves and developers come up with new ways to use it. When we do this, we will update the terms here in our help pages, and will make a site announcement directing you to the updated version. Your or your application's continued use of the API will constitute your acceptance of the updated terms.

General

  1. We make absolutely no warranties about our API, the data we provide you, or their continued availability.
  2. Any and all liability and responsibility of GAIN Global Trader to you or any other person under these terms and conditions, or in connection with the API, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. GAIN Global Trader's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
  3. You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your application, or any use of your application.
  4. GAIN Global Trader's website terms and conditions form part of these API terms and conditions and shall (with all necessary modifications) apply so far as is possible to these terms. In the event that there is any conflict between these terms and the GAIN Global Trader website terms, these terms shall prevail.
  5. These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand. 

 
Video terms and conditions
All images and videos you submit must comply with New Zealand law in compliance with International laws. You agree:

  1. You will not submit any content that Global Advertising Internet Network and GAIN Global Trader considers misleading, deceptive, and defamatory, infringes on a third party’s intellectual property or is otherwise objectionable.
  2. You will disable annotations and the Advertising Feature on all videos so that no other paid content appears on Global Advertising Internet Network and GAIN Global Trader.
  3. Videos must not be used to exclusively promote an individual seller, business, agent or agency and must include content relating to the specific item or property advertised.
  4. In addition to your obligations under Global Advertising Internet Network and GAIN Global Trader’s terms and conditions, and any other agreement between you and Global Advertising Internet Network and GAIN Global Trader, you release, indemnify and keep indemnified Global Advertising Internet Network and GAIN Global Trader from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with the above.
  5. Global Advertising Internet Network and GAIN Global Trader uses YouTube API services for video content. If you include video content in your listing you're agreeing to the YouTube terms of service and the Google privacy policy.

Failure to comply with these obligations may result in the restriction or termination of your ability to add content to Global Advertising Internet Network and GAIN Global Trader.
 
Code of conduct
This code sets out principles and behaviors that the GAIN community reasonably expects of buyers and sellers participating in online classifieds and auctions. 

Basic Principles
The community expects buyers and sellers to:

  1. Conduct themselves honestly and in good faith at all times.
  2. Comply with all laws, including sale of goods and intellectual property laws.
  3. Comply with GAIN's terms and conditions.


Sellers agree to:

  • Describe items fully and accurately and answer questions promptly.
  • Respond to emails as soon as possible, and within two working days.
  • Ensure items are shipped as soon as possible, and within a week of receiving payment and delivery address, unless otherwise indicated in the listing or agreed by both parties.
  • Shipping charges should not be inflated for profit, and must be a fair and reasonable reflection of the actual packaging and postage costs.
  • Not place negative feedback without making best endeavors to resolve issues through email first.
  • Not engage in retaliatory feedback or behavior.
  • Not subsequently spam previous buyers.


Buyers agree to:

  • Respond to emails as soon as possible, and within two working days.
  • Pay for goods purchased as soon as possible, and within a week of the auction closing and receiving payment details.
  • Not place negative feedback without making best endeavors to resolve issues through email first.
  • Not engage in retaliatory feedback or behavior.
  • Not subsequently spam previous sellers.


Professional traders (sellers who are in-trade) agree to:

  • Comply with all relevant laws, including the Fair Trading Act 1986 and its regulations, and the Consumer Guarantees Act 1993.
  • Disclose they are selling in trade.
  • Ensure goods are of acceptable quality, safe and durable, and draw attention to any defects.
  • Ensure goods are fit for the purposes including any purposes indicated in the listing.
  • Act responsibly and promptly to fix any product faults within a reasonable time after the sale (other than those caused by unreasonable use) or offer a replacement or refund.
  • Ensure delivery terms are clear and can be met eg. Include shipping costs, taxes, fees and estimated delivery times.

 
ADVERTISING CODE OF ETHICS
BASIC PRINCIPLES
1. All advertisements must comply with the laws of New Zealand.
2. No advertisement should impair public confidence in advertising.
3. No advertisement should be misleading or deceptive or likely to mislead or deceive the consumer.
4. All advertisements should be prepared with a due sense of social responsibility to consumers and to society.
5. All advertisements should respect the principles of free and fair competition generally accepted in business.

RULES
1. Identification - Advertisements should be clearly distinguishable as such, whatever their form and whatever the medium used; when an advertisement appears in a medium which contains news or editorial matter, it must be presented so that it is readily recognized as an advertisement.
2. Truthful Presentation - Advertisements should not contain any statement or visual presentation or create an overall impression which directly or by implication, omission, ambiguity or exaggerated claim is misleading or deceptive, is likely to deceive or mislead the consumer, makes false and misleading representation, abuses the trust of the consumer or exploits his/her lack of experience or knowledge. (Obvious hyperbole, identifiable as such, is not considered to be misleading).
3. Research, Tests and Surveys - Advertisements should not use tests and surveys, research results or quotations from technical and scientific literature, in a manner which is misleading or deceptive.
4. Decency - Advertisements should not contain anything which clearly offends against generally prevailing community standards taking into account the context, medium, audience and product (including services).
5. Offensiveness - Advertisements should not contain anything which in the light of generally prevailing community standards is likely to cause serious or widespread offence taking into account the context, medium, audience and product (including services).6. Fear - Advertisements should not exploit the superstitious, nor without justifiable reason, play on fear.
7. Violence - Advertisements should not contain anything which lends support to unacceptable violent behavior.
8. Denigration - Advertisements should not denigrate identifiable products or competitors.
9. Testimonials - Advertisements should not contain or refer to any personal testimonial unless it is genuine, current, related to the experience of the person giving it and representative of typical and not exceptional cases. The claims in the testimonial should be verifiable.
10. Privacy - Unless prior permission has been obtained an advertisement should not portray or refer to any persons, whether in a private or public capacity, or refer to any person's property, in a way likely to convey the impression of a genuine endorsement.
11. Advocacy Advertising - Expression of opinion in advocacy advertising is an essential and desirable part of the functioning of a democratic 
society. Therefore such opinions may be robust. However, opinion should be clearly distinguishable from factual information. The identity of an advertiser in matters of public interest or political issue should be clear.
12. Safety - Advertisements should not, unless justifiable on educational or social grounds, contain any visual presentation or any description of dangerous or illegal practices or situations which encourage a disregard for safety.
 
GAIN Community Standards
In order to maintain a respectful, inclusive, and safe environment for everyone, we’ve created a set of community standards to serve as a moral compass for behavior on our platform. These standards help define what is acceptable in the GAIN community and marketplace, and explain how violations are enforced. They aren’t tied to any law, but are used to govern our platform policies. They reflect our attitudes, expectations, and social norms. Our community standards are rooted in our core values — love, respect, safety, acceptance, support, and open-mindedness.
 
Just like our community, these standards will continue to grow, evolve, and change. We have embedded examples in the community standards for unacceptable activities on GAIN. Please note that these are intended to be examples only and not a complete list.  
 
We encourage our community to use our reporting tools when encountering anything that is unacceptable. We want to create the best experience for all community members, and ask that you respect and follow these guidelines.
  
Integrity and Authenticity
Misrepresentation
Misrepresentation is defined as fraudulent, negligent, or innocent misstatements, or an incomplete statement of a material fact.
Misleading profile information
Do not:

  • Post a fake name, location, gender, or photo in your user profile. 
  • Present a fake document(s) if asked to verify your identity. 
  • Write misleading content in your profile description, skills, or education. 
  • Provide licensed services without the right license.

Misrepresenting Gig elements 
Do not:

  • Copy Gig descriptions, packages, and other gig elements from other users.  
  • Raise the price of your Gig service in personal messages before or after purchase. Bait-and-switch marketing is not acceptable.
  • Have someone else present you in your gig. 
  • Post non-original images or images you do not have the right to use in your Gig.
  • Do not post non-original videos or videos that you do not have the right to use in your Gig profile. 
  • Deliver non-original work or send non-original work samples.

Spam
We define spam on GAIN as a messaging activity that is unwanted, repeatedly occurring, and disruptive to the experience of recipients. Spam can take many forms ranging from unwanted offers to commercially-motivated solicitations that aim to drive traffic or attention to websites, products, and services outside of GAIN.
Please respect our members’ privacy by not contacting them with offers, questions, suggestions, or anything which is not directly related to their Gigs or orders.
Do not:

  • Contact our users with offers, questions, suggestions, or anything unrelated to their Gigs or orders.
  • Send multiple unsolicited or deceptive messages. 
  • Abuse our communication tools to distribute mass messages. 

  
Prohibited Services
GAIN is an open marketplace where users can offer or request a great variety of services. However, for a number of reasons, we prohibit certain types of services on GAIN. Some services can pose unwanted risks for our users like legal or financial risks; others are simply not in line with our values and policies.
Here are the type of services prohibited on GAIN: 
Services that can pose legal risks for our users
Do not offer or ask for:

  • Illegal services.
  • Services that are meant to support any illegal activity.
  • Fake documents — the creation, changing, or editing of official documents such as IDs, passports, driver’s license, bank statements, or death and birth certificates.

Services that can pose financial risks for our users        
Do not offer or ask for:

  • Services that require getting access to the buyer’s sensitive financial information.
  • Opening, managing, or implementing changes in a financial account. 
  • Providing loans.
  • Trading signals or indicators.

Services that have a high risk of piracy or hacking
Do not offer or ask for:

  • Verification services.
  • Hacking or cracking services. 
  • Services involving hacked or cracked software products (themes, templates, etc.).  
  • Setup pirate accounts. 

Services that Infringe third parties’ Terms of Service
We do not allow the infringement of third parties’ terms of service on GAIN. As a valued member of the GAIN community, we ask you to respect the broader Internet community and refrain from such violations in your Gig offerings. Gigs that will be flagged for violations of third parties terms of service will be removed from the marketplace. 
Do not post, offer, or ask for services that infringe third parties’ terms of service. 
Misleading Services
Do not post, offer, or ask for:
Paid reviews
Positive or negative feedback on any product, service, or performance.
Testimonials
A written or spoken statement of a person extolling the virtues of a product or a service.  
Fake engagement and traffic
Followers, traffic, visitors, fans, views on social media platforms, or any other fake engagement on any platform.
Deep fakes
Deep fakes are created using artificial intelligence technology that superimposes the movements and words of one person onto another.
Services that promise outcomes that are not in your control 
In certain instances, sellers may be tempted to promise outcomes of their service which is not in their control. For example, guaranteeing to restore your Amazon account or promising an exact amount of viewers for a Youtube video by its digital promotion. Please refrain from promising outcomes that are not in your control because it misleads buyers. 
Homework and academic services
GAIN’s marketplace is open for sellers to offer any creative and productive service they wish to propose. With that being said we ask to refrain from offering or asking for any academic work. Taking part in doing someone else’s academic work (which will likely be submitted as the student’s own work) or requesting academic work to be done for you, is unethical since it violates most schools’ Honor Codes and may constitute copyright infringement. GAIN does not allow these types of fraudulent activities and it will not be permitted on our platform.
Do not post, offer, or ask for:
Writing of: Homework, academic papers, bibliography, letters of recommendation, college applications, etc.
Services that involve sharing personal information of third parties 
We do not allow services that breach 3rd-party rights and lead to spamming individuals. In order to ensure this policy, we ask that the data provided in these services will be unique to each order and will only contain business data. 
Do not post, offer, or ask for:  

  • Lists with data (such as email addresses or phone numbers) of individuals, only business data.
  • Premade lists containing personal data.
  • Scraping social media platforms to obtain information about others.  

Medical-related services
We do not allow services that are meant to provide any medical treatment, advice, or supply.  
Do not post, offer, or ask for:

  • Medical treatment, advice on any medical condition, or pharmaceutical advice. 
  • Any kind of medical drugs or pharmaceuticals.  
  • Medical equipment or pharmaceutical supply.

  
Objectionable Content
Hate Speech
GAIN defines hate speech as words or ideas that are designed to incite violence or hatred against a person, or group of people, defined on the basis of race, ethnicity, sexual orientation, gender, marital status, religion, age, disability, or other similar ground. GAIN is committed to moving swiftly and aggressively to investigate conduct that has been flagged as hate speech, and will respond in a manner that is consistent with existing laws and the values of the company. We take hate speech violations very seriously, and anyone using hate speech towards another user or towards our customer support representatives will be removed from GAIN. We will also take action against any user asking or delivering hate speech-related content on GAIN.
Do not:

  • Use violent or dehumanizing speech against a person or group of people defined on the basis of race, ethnicity, sexual orientation, gender, marital status, religion, age, disability, or other similar ground. 

We do allow people to offer or ask for content regarding the research of hate speech or content that is related to the prevention of hate speech.
Discrimination
Under GAIN's community standards, discrimination means unfair or unequal treatment of an individual or group based on age, disability, ethnicity, gender, marital status, race, religion, and sexual orientation.
GAIN will investigate claims of discrimination on a case-by-case basis, and defend protected groups whenever possible.
Do not:

  • Express your unwillingness to work with a person or a group of people based on age, disability, ethnicity, gender, marital status, race, religion, sexual orientation, or other similar ground.
  • Publish, offer, or ask for any content that expresses or supports discriminatory ideas. 
  • Offer or ask for the writing or editing of texts that support discriminatory ideas or practices.

Adult, Nudity, and Sexual Activity
Explicit content meant to be sexually gratifying is not allowed on GAIN. If detected or reported, sexually explicit content will be blocked and participants could be banned from the marketplace. Gigs and deliveries portraying violent, graphic, or humiliating fetishes are also not allowed. 
Sexually explicit content featuring minors and content that seeks to sexually exploit minors is prohibited on GAIN. We immediately report content that violates this policy to the National Center for Missing and Exploited Children, who work with global law enforcement agencies.
Do not post, offer or ask for:

  • Nude or adult related images, or videos.
  • Sex or sexual partners.
  • Sex chats or conversations.
  • The execution of fetish scenarios.
  • Sexually gratifying modeling.
  • Content that depicts explicit sexual activity, unless the conditions for “documentary exception,” as listed above, exist.

GAIN will act quickly to block transactions that feature child nudity and will flag the offending account for review.   
Documentary Exception
GAIN will allow nudity when the primary purpose is educational, scientific, or artistic, and it isn't gratuitous. For example, a video edit ordered by a midwife depicting proper breastfeeding technique would be appropriate, while creating a video with clips from the same film but used out of context for the purpose of sexual gratification, would not. Out-of-context nudity from indigenous communities, protests, medical procedures, childbirth, artistic performances, breastfeeding or like, may not meet our documentary exception. 
Fake News
GAIN defines Fake News as false or intentionally misleading information or propaganda that is developed and presented as authentic news. If it is reported or flagged that GAIN's platform is being used to create or promote the spread of fake news; we will investigate and take action accordingly. 
Political and Election policies
GAIN will not tolerate attempts to use the GAIN marketplace to undermine elections. Election Interference is defined as any attempt to interfere with the voting process or to destabilize and undermine public faith in free and fair elections. 
Political affiliation
A user's political affiliation is not a basis for rejecting an offer on GAIN. 
Do not express your unwillingness to work with a person or a group of people based on political affiliation.
 
Intellectual Property
GAIN content is based on User Generated Content (UGC). If you believe any of the uploaded content violates your copyright or a related exclusive right, you should follow the process described here.
Upon receipt of a report from a rights holder or an authorized representative, we will remove or restrict content that engages in:

  • Copyright infringement
  • Trademark infringement

 
Violence and Criminal Behavior
Threats
While we know that people sometimes express frustration or disagreement by threatening or calling for violence in non-serious ways, we can’t risk the safety of our community or the general public by ignoring threats of physical harm. We will attempt to consider language and context when distinguishing casual comments from credible threats to public or personal safety, but GAIN will also act quickly to block accounts and may notify law enforcement when threats appear to be credible.
Do not:

  • Threaten violence against another community member
  • Offer or ask for gigs that threaten violence against individuals, groups, or the general public.

Incitement
Incitement means encouraging or asking other people to engage in unlawful conduct.  Be aware that inciting others to commit a crime may be a crime in itself, regardless of the outcome of the request. 
Do not:

  • Ask for or instruct people to break the law.
  • Engage in activities of questionable legality.

Terrorism
International and domestic terror organizations sometimes use the internet to create and spread propaganda designed to radicalize vulnerable people and to develop materials designed to foster and aid terrorist attacks.
Do not offer or ask for:

  • The promotion of terrorist activities.
  • Services or products related to terror organizations or terrorists.
  • Editing Content linked to terrorist acts.
  • Recruitment to terror organizations.

We do allow people to offer or ask for content regarding the research of terror or content that is related to the prevention of terror.
Self-Harm
At GAIN, we care deeply about the safety of our community. If someone you're communicating with expresses suicidal thoughts or is engaging in self-harm, please contact local authorities immediately and flag the content to our Trust and Safety or Customer Support teams.  
If you’re going through an emotionally challenging time yourself or struggling with thoughts of suicide or self-harm, we urge you to seek immediate assistance. For 24-hour free, confidential, and immediate support see: https://www.befrienders.org/
 
DISCLAIMERS
Ownership Disclaimer
Global Advertising Internet Network Foundation or otherwise herein known as GAIN Limited, (the "Company" or "we") owns and maintains this site. You are hereby granted a limited, non-exclusive license to view the materials on this site, to download one copy of the materials on any single computer and to print a reasonable number of copies of the materials, solely for your personal, non-commercial use. You may not remove any copyright, trademark or other proprietary notices from any copies of the site that you make. Nothing at this site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any image, trademark, logo or service mark at the site. No act of downloading or otherwise copying from this site will transfer title to any software or material at this site to you. You may not decompile, reverse engineer, disassemble, or otherwise reduce any computer files obtained from the site to a human-perceivable form. The Company reserves all rights with respect to copyright and trademark ownership of all material at this site. Except as specifically provided in these Terms of Use, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or other materials on, or services obtained from, this site. 
Transactions Disclaimer
Certain products or services may be offered for sale on the Sites. In the event you wish to purchase or to subscribe for any of these products or services, you will be asked by the Company or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit or debit card information. You agree to provide the Company or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes and if applicable exchange rates. 
Copyright Policy
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by this site infringe your copyright, you or your agent may send to the Company a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon the Company actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to the Company a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright  for details. The Company’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached at gain2u.nz@gmail.com
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.   
Fair Use Act Disclaimer
Copyright Disclaimer under section 107 of the Copyright Act 1976, allowance is made for “fair use” for purposes such as criticism, comment, news reporting, teaching, scholarship, education and research.
Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of fair use. FAIR USE DEFINITION: http://en.wikipedia.org/wiki/Fair_use Fair use is a doctrine in the United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as for commentary, criticism, news reporting, research, teaching or scholarship. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author’s work under a four-factor balancing test. The term “fair use” originated in the United States. A similar principle, fair dealing, exists in some other common law jurisdictions. Civil law jurisdictions have other limitations and exceptions to copyright. U.S. COPYRIGHT OFFICE- FAIR USE DEFINITION http://www.copyright.gov/fls/fl102.html One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies or phone records. This right is subject to certain limitations found in sections 107 through 118 of the copyright law (title 17, U.S. Code). One of the more important limitations is the doctrine of “fair use”. The doctrine of fair use has developed through a substantial number of court decisions over the years and has been codified in section 107 of the copyright law. Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out in four factors to be considered in determining whether or not a particular use is fair: The purpose and character of the use, including whether such use is of commercial nature or is for non-profit educational purposes The nature of the copyrighted work The amount and substantiality of the portion used in relation to the copyrighted work as a whole The effect of the use upon the potential market for, or value of, the copyrighted work The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission. The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.” Copyright protects the particular way an author has expressed himself. It does not extend to any ideas, systems, or factual information conveyed in the work.
Technical Disclaimer/No Warranty
The materials at this site are provided "as is" without warranty of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law. Your use and browsing of this site is at your own risk. The Company further assumes no responsibility for, and makes no warranties that this site will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes it available will be free of viruses or other harmful components. The Company shall not be liable for any damages to, viruses that may infect, or services, repairs or corrections that must be performed, on your computer or other property on account of your accessing or use of this site. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you. 
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall the Company be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if the Company has been advised of the possibility of such damages. In no event shall the Company have any liability to you for damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) for accessing this site. 
Legal Disclaimer
This website may only be used for lawful purposes and may not be used in any way to harm another person. You may not use the website in violation of GAIN compliance regulations.
You may not false advertise, make inappropriate claims, provide obscenity, or create spam using this website in any way. Spam includes:
1) sending unsolicited e-mail messages or web addresses to online users,
2) posting messages that contain this website address in newsgroups that are unrelated to our products and services
3) creating false advertising.
You may not gain any illegal or unauthorized access to information or other computers or networks from this site. You may not assist or permit any person to engage in any named violations.
Earnings Disclaimer

  1. While we make every effort to ensure that we accurately represent all the products and services reviewed on this website and their potential for income, it should be noted that earnings and income statements made by gain2unetwork.com and its advertisers / sponsors are estimates only of what we think you can possibly earn.
  2. There is no guarantee that you will make these levels of income and you accept the risk that the earnings and income statements differ by individual.
  3. As with any business, your results may vary, and will be based on your individual capacity, business experience, expertise, and level of desire.
  4. There are no guarantees concerning the level of success you may experience.
  5. The testimonials and examples used are exceptional results, which do not apply to the average purchaser, and are not intended to represent or guarantee that anyone will achieve the same or similar results.
  6. Each individual’s success depends on his or her background, dedication, desire and motivation.
  7. There is no assurance that examples of past earnings can be duplicated in the future.
  8. We cannot guarantee your future results and/or success.
  9. There are some unknown risks in business and on the internet that we cannot foresee which could reduce results you experience.
  10. We are not responsible for your actions.
  11. The use of our information, products and services should be based on your own due diligence and you agree that gain2unetwork.com and the advertisers / sponsors of this website are not liable for any success or failure of your business that is directly or indirectly related to the purchase and use of our information, products and services reviewed or advertised on this website.
  12. There is no promise or representation that you will make a certain amount of digits, or any digits, or not lose digits, as a result of using our products and services.
  13. Any pay-it-forward donations are strictly estimates.
  14. There is no guarantee that you will make these levels for yourself.
  15. As with any business, your results will vary and will be based on your personal abilities, experience, knowledge, capabilities, level of desire, and an infinite number of variables beyond our control, including variables we or you have not anticipated.
  16. There are no guarantees concerning the level of success you may experience.
  17. Each individual's results will vary.
  18. There are unknown risks in any business, particularly with the Internet where advances and changes can happen quickly.
  19. The use of our information, products and services should be based on your own due diligence and you agree that we are not liable for your success or failure in any manner whatsoever.

Omissions Policy
While GAIN and CONG has made every endeavor to supply accurate information, errors and omissions may inadvertently occur from time to time. We cannot offer any guarantee or warranty as to the truth, accuracy, detail or extent of the description contained within each or any listing or link. Accordingly, GAIN and CONG accepts no responsibility for any loss or inconvenience occasioned by any person or organization either acting upon or refraining to act upon a particular course of action as a result of the material contained within our site pages or the links they may provide.
GAIN and CONG will welcome notice of error, omission or inaccuracy. Where such an error or omission or inaccuracy arises within this site and is duly, properly and authoritatively notified as being such, GAIN and CONG undertakes to correct, alter or include the appropriate information with a minimum of delay. In keeping with that undertaking, GAIN and CONG reserves its right to amend, alter, insert or delete any information, image or graphical representation contained in this site, with or without prior notice.
Website Usage Disclaimer
This website is owned and operated by Global Advertising Internet Network LTD hereinafter named GAIN, and may contain advertisements, sponsored content, paid insertions, affiliate links or other forms of digitization. GAIN abides by word of mouth marketing standards. We believe in honesty of relationship, opinion, and identity. The compensation received will not influence the advertising content, topics or posts made. That content, advertising space or post will be clearly identified as paid or sponsored content. GAIN is never directly compensated to provide opinion on products, services, websites and various other topics. The views and opinions expressed on this website are purely those of the authors. If we claim or appear to be experts on a certain topic or product or service area, we will only endorse products or services that we believe, based on our expertise, are worthy of such endorsement. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer or provider. This site does not contain any content which might present a conflict of interest. The content, services, information and access to the site are provided “as is” and without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, and non-infringement. GAIN makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the content contained on this website or any sites linked to or from this site.
Information about products not manufactured by GAIN or independent websites not controlled or tested by GAIN is provided without recommendation or endorsement. GAIN assumes no responsibility with regard to the selection, performance, or use of third-party websites or products. GAIN makes no representations regarding third-party website accuracy or reliability. Risks are inherent in the use of the Internet. Contact the vendor for additional information. Other company and product names may be trademarks of their respective owners.
If you have any questions regarding this policy or your dealings with our website, please contact us by sending us a message through our contact form. 

Fair Trading Act
Content kindly supplied by consumer.org.nz.

The Fair Trading Act 1986 is one of the cornerstones of consumer law. It protects you against being misled or treated unfairly by traders or shops.

The Fair Trading Act applies to everyone in trade. As well as traders and shops, the Act covers government agencies and state-owned enterprises. Most of the Act does not cover private sales.

The Fair Trading Act applies to online auctions when you buy from a professional trader - but does not apply when you buy from a private, "one-off" seller. See our guide to online auctions and the law for more information.

The difference between the Fair Trading Act (FTA) and the Consumer Guarantees Act (CGA) is that, in general, the FTA covers claims about products and services prior to sale and the CGA covers the quality of those products and services after they have been bought.

Your rights under the Fair Trading Act:

Misleading or deceptive conduct
If you are told things by a shopkeeper that give you a false impression about goods you are buying, then you have been misled or deceived. For example, if you discover that bags advertised as leather are actually vinyl. Or if you buy faulty goods and the shopkeeper incorrectly tells you that you are not legally entitled to a refund, replacement or repair.

False representations
When information given to you about goods and services is not true, then a false claim has been made. For example, if you buy a shirt with a "Made in Italy" label and find it actually came from a factory in Korea.

The word "representations" covers any situation where a trader claims something about their product or services, either verbally or in writing. It can even cover cases where a trader doesn't say something. For example, neglecting to mention that prices exclude GST.

Unfair practices
Unfair practices are selling methods which mislead you. Unfair practices which are illegal under the Fair Trading Act include:

  • Offering prizes or gifts without intending to supply them, or not supplying them as offered.
  • Bait advertising - when a seller advertises particular goods or services at a particular price, and doesn't intend supplying or selling reasonable quantities at that price.
  • Making misleading claims about types of businesses. For example, claiming you can make $1000 a week selling cosmetics from home, when actually you would have to work about 20 hours a day, 7 days a week to make that sort of money.
  • Pyramid selling schemes.
  • Demanding or accepting payment without intending to supply the goods or services, or without believing they'll be ready at a specified time, or intending to supply different goods or services.
  • Using physical force, harassment or coercion when supplying goods or services.


Making a complaint

  • If you're unhappy with a product or service, first try to sort it out with the trader concerned. But if you can't make headway, you or anyone else can take criminal action under the Fair Trading Act.
  • You can also apply to the High Court for an injunction to stop the Act being breached.
  • The best option for consumers with small claims is civil action, most often through a Disputes Tribunal.
  • Disputes Tribunals can hear cases for claims up to $7500 or $12,000 if both parties agree. Although you can take claims for specific misrepresentations under the Act (such as about the price or quality of goods), bizarrely, cases under the general prohibition on misrepresentation can't be heard in tribunals.
  • A tribunal can award civil damages, which could include your getting compensation or your money back. But only the courts can impose fines.


This buying checklist is brought to you by consumer.org.nz. Last reviewed July 2019

 

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