TERMS AND CONDITIONS

Welcome and afio mai to Fiaola Land, Samoa’s own online trading community operated by Zone Marketing. These terms and conditions are intended to assist keep Fiaola Land a safe place to trade.

1.1    Acceptance of terms and conditions: The terms and conditions are the terms on which Fiaola Land Limited offers you access to the Services and the Website. By registering as a member of Fiaola Land 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: These terms and conditions may be amended in whole or in part by Fiaola Land from time to time. 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 2 April 2008.

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 Fiaola Land;
'Services' means any one or more of the services offered by Zone Marketing from time to time, including online auctions, classifieds, message boards, sms alerts and any other service that Fiaola Land may offer;
'we', 'us' and 'our' are a reference to Zone Marketing;
'you' and 'your' are a reference to you;
'Website' means any Fiaola Land 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 or job, whether by auction or classified;
'seller' includes any person placing a listing.

SPECIFIC WARNINGS

2.1    The services: Fiaola Land provides a place to introduce members who want to buy and sell items. Fiaola Land 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.

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 Fiaola Land takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you. Fiaola Land gives no undertakings, representations, or warranties in relation to items sold or listed on the Website, including:

• about ownership of any item;
• as to the content, safety, description, worthiness, quality, or legality of the items that are listed on the Website;
• as to the accuracy or truth of listings;
• that any item will meet your requirements or expectations; or
• about the ability of members to complete a transaction, including credit card transactions.

• 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, Fiaola Land 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;
• Fiaola Land 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;
• no advice or information that is obtained by you from Fiaola Land or anyone else shall create any warranty by Fiaola Land that is not expressly stated in the terms and conditions; and
• 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 Fiaola Land's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.

2.4    Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Fiaola Land 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. Fiaola Land'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 Fiaola Land's message boards, your sale or attempted sale of an item prohibited under clause 4.2, 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 Fiaola Land, Fiaola Land may limit your activities on the Website, remove your bids or listings, 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 Fiaola Land considers it appropriate.

 BECOMING A MEMBER

3.1    Becoming a Member: Becoming a member is free.You may only register if you can form a legally binding contract that is enforceable against you. By registering as a member, you warrant that you can form a legally 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 Fiaola Land to ensure it is kept current at all times. Fiaola Land 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 Fiaola Land's discretion, you may create a business membership in addition to your personal membership.

3.3    Termination of membership: Fiaola Land reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, Fiaola Land 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 behaviour to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled.

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:

• not to permit any other person to use your user name or membership; and
• 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.

4.GENERAL RULES

4.1    General

• All listings, bids or communications made through Fiaola Land shall be made in good faith.
• 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.
• You may not use a robot, spider, scraper or other automated means to access the Website or information featured on it for any purpose.
• 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 Fiaola Land message boards.
• You must list auctions and classifieds in Samoan tala and include VAGST in the price. All tax obligations are the responsibility of the seller and/or the buyer (as the parties determine).
• You must not complete a transaction outside of the Fiaola Land process or otherwise seek to avoid Fiaola Land's success fees. Attempts by you to avoid fees, including through multiple memberships, premature auction withdrawal, or otherwise, may result in Fiaola Land suspending or terminating your membership at the discretion of Fiaola Land.
• Contracts for the sale of land must be in writing to be legally enforceable.
• You must not use the Services or the Website to promote items for sale outside the Services.
• You are responsible for any actions taken through your membership. Fiaola Land memberships are not transferable and therefore can not be sold, leased, lent or traded.

• Sellers must have verifiable addresses.
• 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.

• Fiaola Land would like to promote only the trading of items which are legal and within the laws of Samoa. Fiaola Land  strongly supports law enforcement efforts to recover stolen property that is listed on its Web site, and will help where possible in the prosecution of those responsible for knowingly attempting to sell such items on Fiaola Land

  Fiaola Land  forbids its members from listing goods that have altered or removed serial numbers.

  Fiaola Land reserves the right to remove other items that are not on these lists if they are considered offensive or are in breach of our terms and conditions
  
  Adult items
  You must not sell any Adult rated items (videos, magazines, DVDs, etc) on this site. Fiaola Land reserves the right to remove any image it deems offensive.
  
  Agricultural compounds
  You must ensure that any agricultural compound complies with the requirements under the laws of the country you are residing
  
  Alcohol
  You must not sell alcohol of any nature on the site. The law states that the sale of liquor to the public or any member of the public requires a licence.
  
  Animal products
  You must not sell any endangered species, protected wildlife, sports fish, game or unwanted animals.Check with your authorities if in doubt 
  
  Backup or copied software, CDRs or DVDRs
  You are not permitted to list CDRs, DVDRs, or other forms of recordable media unless they are blank. This policy includes but is not limited to copies of software programs, video games, music albums, movies, electronic books, television programs or images.
  
  Copyrighted items and content
  You must not sell items or include content which breaches any copyright or other intellectual property rights on this site.
  
  Counterfeit Currency and StampsYou must not list for sale any counterfeit currency and stamps as well as equipment designed to make these illegal products.
  
  Drugs and Drug Paraphernalia
  You must not list for sale any narcotics, steroids or on clause substances on the site paraphernalia, need not be listed on on this site.Such drug paraphernalia includes all items that are primarily intended or designed for use in manufacturing, concealing or using controlled substance
  
  Finemats (Ie Samoa or Ie Toga) Finemats could be listed for sale.However, please note that there are restrictions on taking fine mats out of Samoa.
  
  Firearms and ammunition
  You must not list any firearms and ammunition for sale on this site.
  
  Fireworks
  You must not list for sale any fireworks for sale on the site.
  
  Food
  All food sold on the site must be produced in a registered premises approved by the Public Health inspectors of the Ministry of Health
  
  Human remains and body parts
  You must not list for sale a human body or body parts for sale on the site.
   
  Items subject to product safety standards
  Please ensure that any products particularly for young children comply with all applicable product safety standards before you list them for sale on the site
  
  Kava
  You may list for sale kava in Samoa subject to compliance with correct labelling. Also note that some countries ban the use of kava.Check with your authorities if in doubt about importing kava into your country
  
  Lottery and raffle tickets
  You must not list lottery or raffle tickets for sale.
  
  Medicine and supplements
  You must not sell medicine intended for human use. Items deemed to be medicine will be removed at Fiaola Land's sole discretion.
  
  Offensive weapons
  You must not sell weapons where they are purely intended for attack purposes. This includes but is not limited to: flick knives, butterfly knives, ninja stars, knuckle dusters.
  
  Original Equipment Manufacturer (OEM) software
  You must only sell Original Equipment Manufacturer (OEM) software on Fiaola Land if it is sold with a computer.
  
  Police-Related Items
  Fiaola Land does not allow the listing for sale of any law enforcement badges or official law enforcement equipment from any public entity.
  
  Radio transmitters or transceivers
  All radio transmitters or transceivers listed for sale must comply with Samoan licensing and compliance regulations.
  
  Recreational drugs
  You must not list recreational drugs (herbal or chemical) or related equipment on the site. ServicesSellers are not permitted to offer or solicit services on Fiaola Land which are illegal, sexual in nature or violate Fiaola Land’s trading policies
  
  Tobacco
  You must not sell tobacco on the site.  
  
  Underwear or undergarments
  Used or second hand underwear may be sold on the site. However, it must be washed thoroughly.
  
  Veterinary medicines
  You cannot sell Prescription Animal Remedies (PAR) or veterinary only medicines.
  
  Wholesale mailing lists and personal information
  You must not sell wholesale mailing lists containing names, addresses, phone numbers or other personal information. Any software designed to send unsolicited commercial messages wil not be permitted.
  
  If you are unsure of whether or not you are allowed to list an item please contact Fiaola Land for more details.
• You must ensure you hold the copyright or are otherwise licensed to use any images you add to your listings.
• When you list an item for auction on Fiaola Land, 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.
• Fiaola Land 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.
• 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 Fiaola Land listings to promote a business or website other than one for sale in your listing.
• You must not use the Services or the Website to sell items that are of a speculative nature including, but not limited to, pyramid, surf-for-free, or similar schemes.
• You must not manipulate prices through ghost-bidding or assuming multiple roles in a single transaction.
• 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.
• For classifieds, you may choose to sell to any buyer at your discretion.
• Listings are not pre-screened for content. Fiaola Land reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions.
• You agree to your email address being supplied to the buyer when your auction closes.
• You must promptly forward the listed item to the successful buyer on completion of the transaction.
• You must not charge unreasonable amounts for shipping and packaging costs.

• 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.
• 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.
• You must make full and prompt payment for any item you buy.
• You agree to your username and the amount of your bid being publicly shown on the Fiaola Land Website. You also agree to your email address being supplied to the seller when you win an auction.
• If your bid is successful and you do not pay for the item, you will receive a warning from Fiaola Land if the seller complains about you. After 3 such complaints, Fiaola Land may suspend or terminate your membership.
• 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.

• Feedback you provide on other members must not contain offensive, defamatory or inappropriate language. Fiaola Land reserves the sole right to determine what is considered offensive, defamatory or inappropriate language.
• 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.
• You must not post feedback about yourself or include any contact details or personal information in your feedback.
• Feedback is provided for the sole purpose of facilitating trading between members on the Fiaola Land Website. You must not market or export any feedback to any venue other than the Fiaola Land Website. Linking to your Fiaola Land feedback from other buying and selling websites will be considered a breach of our terms and conditions.

5. FEES AND ACCOUNTS

5.1    Fiaola Land Listing Fees and Success Fees

• Fiaola Land charges fees for the use of the Website as a market place for its main earnings.
• For the first 3 months (April-June 2008) all fees will be waived and therefore it will be free as you learn the new way for trading online in Samoa
• Any non-commission listing fees are charged at the time of listing and are not refundable. Fiaola Land 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. Fiaola Land will only issue refunds in the form of credit to the Fiaola Land account of the member. Cash refunds will not be issued. Credits on accounts with Fiaola Land are not transferable between members.
• Fiaola Land 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.
• All prices and fees are inclusive of VAGST (for VAGST registered businesses) and in Samoan tala (WST$) unless otherwise stated. Unless otherwise stated in these terms and conditions, no interest or other financial charges will be applied to Fiaola Land account balances. Approximate prices in NZ$, Aust$, US$ and Euro are also quoted using the currency switch button at the left hand corner at the bottom of each page.
• Fiaola Land reserves the right to investigate queries regarding the refund of success fees with bidders, other members, Internet Service Providers, and any other relevant party.
• Before listing an item, you should review Fiaola Land's fees to ensure you are aware of the fees that you will incur.
• You must pay the fees immediately upon demand by Fiaola Land.

• Fiaola Land maintains credit accounts for each member and from which members must pay fees including payment of advance listing options. Fiaola Land accounts may not be used for the payment of items sold using the Services.
• Any payment to your Fiaola Land account of an amount less than ST$10 incurs a ST$2 handling fee that is payable to Fiaola Land.
• You must settle any negative account balance immediately. Fiaola Land reserves the right to take action against you to recover outstanding debts. You are liable for all expenses (including legal fees) that Fiaola Land incurs when collecting that debt.
• If your membership is terminated Fiaola Land will refund the balance of your credit account, less a $5 manual processing fee that is payable to Fiaola Land. 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 Fiaola Land credits, bonus credits, or any free credits gifted to the member on registration will not be refunded.
• If you have not logged on to the Website for a period of 24 months (two years), any unused balance on your account is forfeited to Fiaola Land and your membership will be suspended.

6. GENERAL PROVISIONS

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

6.2    Resolution of disputes: As Fiaola Land is not a party to any sale or transaction between you and another member, you agree not to involve, or attempt to involve, Fiaola Land in any dispute or in the resolution of disputes that arise between you and another member as a result of the Services provided.

6.3     Fiaola Land Message Boards: Fiaola Land provides Message Boards for the use of Fiaola Land members. The Message Boards may not be used to promote auctions, websites or any commercial or business activity. Fiaola Land 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: Fiaola Land has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of Fiaola Land to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Fiaola Land.

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 Samoa. You submit to the non-exclusive jurisdiction of the Courts of Samoa.

6.8     Intellectual Property Rights: Fiaola Land (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.

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. Commercialise, 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: Fiaola Land 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.