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Terms and Conditions

Effective: 25 Aug 2025 · Jurisdiction: New Zealand

Welcome to ShackSwap, a community marketplace for amateur radio gear in Aotearoa New Zealand. These Terms set out your rights and responsibilities when using the site. By accessing or using ShackSwap you agree to these Terms.

Plain-English summary: ShackSwap is a venue, not a party to sales. Listings are generally private person-to-person sales made “as-is, where-is”. Use common sense, meet safely, and inspect before you pay. Any deal you do is at your own risk.

1. About ShackSwap (we’re a venue)

  • ShackSwap provides listing, messaging and discovery tools only. We do not buy, sell, own or inspect items; we do not hold payments or provide escrow; we do not guarantee buyers, sellers or items.
  • Unless stated otherwise, sellers use ShackSwap as private individuals. The Consumer Guarantees Act 1993 (CGA) and most provisions of the Fair Trading Act 1986 (FTA) apply only to sellers acting in trade. If a seller is “in trade”, they must clearly disclose this on their listing; consumers then have CGA/FTA rights.
  • Nothing in these Terms limits any rights you have at law that can’t be excluded.

2. Eligibility & accounts

  • You must be 18+ and legally able to enter contracts. If you create an account, you’re responsible for keeping your login secure and for actions taken under it.
  • Use your correct contact details and callsign (if applicable). You must be able to be contacted about a listing or transaction.

3. Using the site

  • Be respectful and use common sense. Arrange safe public meet-ups. Inspect items in person where possible.
  • Prohibited: illegal or non-compliant radio equipment, content that is misleading, offensive or infringing, spam, scraping, interfering with the site, or attempting to bypass security.
  • You must comply with New Zealand spectrum and equipment rules (including Radiocommunications Act and Radio Spectrum Management requirements). Items must be legal to sell and use in NZ.
  • ShackSwap may moderate, edit or remove listings and may suspend accounts at our discretion (e.g., suspected fraud, safety, or legal reasons).

4. Listings & transactions

  • Sellers must describe items accurately, disclose known faults, and set a good-faith price. If selling in trade, you must disclose this and comply with NZ consumer law (including the CGA and FTA).
  • Buyers should check the listing, ask questions, verify compliance (e.g., power levels, permitted bands), and inspect items before paying.
  • Unless a seller states otherwise or is in trade, sales are typically “as-is, where-is” with no warranties.
  • Title and risk pass directly between buyer and seller. ShackSwap is not a party to your contract and is not responsible for shipping, payment or returns.
  • Where shipping is used: agree method, cost, and insurance in writing. Risk of loss in transit sits with buyer and seller according to your agreement or the carrier’s terms.

5. Fees

  • We do not charge listing fees.

6. Disputes between users

  • Because ShackSwap is a venue, disputes are between buyer and seller. Try to resolve issues directly and politely.
  • We may (but are not required to) provide basic information we hold (e.g., contact email) to the parties, suspend accounts, or remove feedback/listings where we reasonably believe a policy breach occurred.
  • Nothing stops you using the Disputes Tribunal or courts. For traders acting in trade, the FTA and CGA may provide additional remedies.

7. Safety & common-sense rules

  • Meet in public, daylight locations. Bring a friend for high-value trades.
  • Test radios/PSUs safely. Do not energise unknown gear without appropriate checks. Observe electrical and RF safety, fusing and earthing.
  • Never share passwords or full payment details in chat. Verify bank details on the phone before sending money.

8. Your content

  • You retain your rights in photos and text. You grant ShackSwap a non-exclusive licence to host and display your listing content for operating the marketplace and for reasonable promotion.
  • Do not upload anything you don’t have the right to use or that breaches another person’s rights.

9. Privacy

  • We handle personal information under the Privacy Act 2020 and the Information Privacy Principles. See the Privacy Notice for details on collection, use, disclosure, overseas service providers and your access/correction rights.

10. Disclaimers & liability

  • To the maximum extent permitted by law, ShackSwap provides the site “as-is” and disclaims all warranties about listings, users or availability.
  • ShackSwap is not liable for any loss, damage, cost or expense arising from transactions between users, including but not limited to misdescription, non-delivery, faulty items, or payment disputes.
  • Nothing in these Terms excludes liability that cannot be excluded under NZ law. If we are liable to you, our total liability is limited to the greater of NZD $100 or the fees you paid to us in the 3 months before the event giving rise to the claim.
  • You agree to indemnify ShackSwap against claims arising from your breach of these Terms or your misuse of the site.

11. Takedown & enforcement

  • We may remove content, restrict features or suspend accounts where we reasonably believe these Terms, the law, or community safety are at risk. We may cooperate with law enforcement and Radio Spectrum Management where appropriate.

12. Changes, suspension & termination

  • We may update these Terms or the site from time to time. Material changes will be posted on the site with a new “Effective” date. You may stop using the site at any time; we may suspend or end access for policy or safety reasons.

13. Governing law

  • These Terms are governed by the laws of New Zealand and subject to the jurisdiction of the New Zealand courts.

14. Contact

  • Questions? Email us via our contact page

Legal note: This is a general template for a NZ person-to-person classifieds venue (TradeMe-style). It does not constitute legal advice. Please have a NZ lawyer review before launch, especially if you charge success fees, hold payments, or run on-site auctions.