Terms and Conditions

General

The following Terms and Conditions shall apply to the business relationship between the domain and sub-domains of www.ziinga.com (hereinafter: "Ziinga") and our users. By using Ziinga the user accepts the following Terms and Conditions, as well as the manner in which Ziinga operates as described on our website. Any variations or alterations in the following Terms and Conditions shall only be binding if agreed to in writing. We recommend reading through all of the Terms and Conditions before participating in any of our auctions.

Bidding advice, articles or other information posted on our website, such as under the "How it works" section, are only suggestions, and are not to be relied upon. Ziinga shall not be liable or responsible for any action taken by a user on our website or the action of any other person who may have read or been informed of any such information or other written material.

The original text of the Terms of Use is in English and any interpretation of them will be based on the original English text. If the Terms of Use or any documents or notices related to them are translated into any other language, the original English version will prevail.

Eligibility

In order to participate at Ziinga, you must be at least 18 years of age. Ziinga employees and their family members are not eligible to participate.

Registration

Ziinga reserves the right to limit the number of users per household. Users must not provide false information. Accounts are non-transferable.

When selecting a user name, the user is subject to choosing a name that is not in any way offensive, indecent or derogatory. Additionally, a user may not select a user name that is misleading or advertises other websites. Ziinga reserves the right to change or delete user accounts that violate these conditions. It is solely the responsibility of the user to ensure that their password is kept confidential. In most cases, the user shall be liable for all activities that are undertaken using their account. Any misuse of the account may result in the user subsequently banned from participation on Ziinga.

You may cancel your account at any time by sending an email to info@ziinga.com.

Membership

Ziinga offers different types of memberships and each membership has a corresponding monthly fee.

All members get to enjoy value added benefits:

• Extra bids for bid package purchases
• Free shipping
• Free bid
• Bid-for-Free auctions
• Daily Bid Agent

Once you become a paying member, you can review the benefits and the price of your membership by going to "My Account".

You can always cancel your membership by emailing into info@ziinga.com. Remember to include your username.

All memberships come with a 3-month binding contract. Customers who breach the 3-month binding contract will be charged a cancellation fee of NZ$54.00. Note that cancellation of the contract will void any free promotional gift offer.

As part of our 30-day return policy, refunds must be claimed within 30 days after the date of sign up. However, users may only be entitled to a subscription fee refund if they have not used any of their membership benefits (cancellation fee applies). If the member has already received a free promotional gift from Ziinga, that item must be returned to Ziinga's return address in an unopened condition. Once Ziinga receives the item and all requirements have been fulfilled, Ziinga will process the refund request immediately.

Membership fees will be charged upfront to your credit card every month. Member price and benefits are subject to change without notice. Membership fees cannot be refunded.

Bidding

Users are permitted to bid by means of single bids or the Bid Agent feature. Once a bid has been placed, it is deducted from the user’s account and cannot be refunded. Bid Agents permit users to bid on auctions even whilst they are not present. They function as per parameters specified by the user. Users are prohibited from using alternate bidding software and doing so will result in immediate disqualification.

Unused bids will expire after 12 months from the date they were purchased or received.

A user can win 2 auctions in a 14-day rolling period. They will not be able to place bids on new products until this period has passed. Users will not be permitted to continue bidding on products they placed bids on before crossing the 2 auction limit. Bids placed before crossing the 2 auction limit will not be refunded.

Please note that bids bought or received due to special offers and bids won from Ziinga auctions and from the slot machine will have a value of 0 and will therefore have no effect when using the "Buy it Now" function.

The Daily Bid Agent

The Daily Bid Agent allows the user a chance to bid once on any closing auctions automatically, even while logged off. The Daily Bid Agent is no guarantee that the bid will be spent on a regular basis.

The Daily Bid Agent can only access unused FREE bids awarded to the user's account. Paid bids are not eligible for use with the Daily Bid Agent. Note that all won auctions must be claimed within 14 days of winning.

The Daily Bid Agent is available to members only.

How Ziinga Auctions Function

Each bid placed resets the remaining time on an auction by increments of 20 seconds, 1 minute or 2 minutes. The increment is dependent on how long the auction has been running or by the type of product. An auction will end if no new bids are placed before the timer reaches zero.

Bids are only placed once they have been entered into Ziinga’s system as opposed to when they were sent. This usually takes about a second to process. Ziinga will not be held responsible for technical errors caused by bid delay. This includes but is not limited to: faulty user equipment, technical errors caused by an ISP and high volumes of internet traffic.

Ziinga maintains the right to suspend auctions, revise bidding time of ongoing or future auctions and re-open closed auctions upon suspicions of any misdeeds.

Most auctions feature a "Buy it Now" option which allows users to purchase a product they are currently bidding on and have not won. Used bids from the auction can be used as a rebate on the ‘Buy it Now’ price, which is 7% higher than the value of the product. This feature is not available for auctions pertaining to gift cards or bid packages but is available for all other products. Note that the "Buy it Now" price cannot fall below 0 even if the bid rebate price is higher than the retail price of the product. The user can choose this option from the time the product goes live to 24 hours after the auction has been closed.

If the user opts to use the "Buy it Now" feature, they will not be permitted to continue bidding on the auction. Any Bid Agents placed on that auction will be canceled, and bids will be returned to the user’s account. The auction winner will also not be permitted to use the ‘Buy it Now’ feature. If the user fails to pay for the product within 24 hours of selecting the "Buy it Now" option, Ziinga reserves the right to withdraw the purchase contract, and the user will not be entitled to a refund on the bids they have placed on that product. Note that when a user elects to use this feature, it will not affect the auction for other users.

"Buy it Now" is limited to 2 auctions in a period of 30 days.

Purchasing Bids and Products

Bid packages need to be purchased before bidding on products. Bid packages are non-refundable and it is the user's responsibility to ensure that they do not purchase more bids than they intend to use. Upon completion of purchase, bids are directly deposited into the user's account.

Bids and products can be purchased using Visa, Visa Electron, MasterCard or Maestro. Ziinga reserves the right to halt delivery of a product if the user does not complete the payment. Ziinga will not accept responsibility for technical problems caused by the supplier of the payment facility.

Once an auction has ended, the winner has 14 days to pay for the product and shipping. If the user fails to do so, they lose their right to buy the product. Ziinga will deliver the product within 2 weeks of receiving payment. Products will be sent to the shipping address provided by the user.

Unless otherwise mentioned, products come with the manufacturer's warranty.

Ziinga does not accept responsibility for potential third party issues that may interfere with your account transactions. Should a transaction problem be suspected, you are compelled to inform Ziinga right away.

In the event that Ziinga is unable to deliver a product due to the product being out of stock, having a too long delivery time or other reasons Ziinga will transfer to the user monetary compensation equivalent to the product retail price.

Promotional Auction and Special Offers

Due to Ziinga's one gift per household policy, users need to confirm their identity by sending the following documents as proof:

• Scanned copy of Credit Card (front and back)
• Scanned copy of valid ID (passport or driver's license)
• Scanned copy of signed credit card form. Download and fill up the form from this link: http://www.ziinga.com/nz/pages/creditcard_form

All required documents have to be submitted to info@ziinga.com.

As soon as the documents are approved, the package should arrive at the given shipping address within 2 to 4 weeks.

Customer Service

All customers who send an email to info@ziinga.com will automatically receive reference numbers. This number confirms that the email has been received and will be attended to by our support staff. Please note that Ziinga is not liable for unattended requests from customers who have lost their reference numbers.

Users who wish to cancel their subscriptions through phone and chat will receive a cancellation link by email upon advice from our support staff. The user must verify receipt of this link and complete the cancellation link interactively. If the user cannot complete this verification process, info@ziinga.com cannot guarantee the completion of the request for cancellation.

Return Policy

Ziinga grants winners the right to cancel an order. This begins from the moment the user completes payment for a product. If the user chooses to return a product, they are entitled to a refund of the auction end price they have paid, even if the goods are not defective in any way. These cancellation rights end 14 days after the day on which a winner received the goods. Products which have been used or are unsealed are not eligible for return or refund. Please note that bid packages also cannot be returned. Exceptions apply to products which are damaged or not as described. Damaged goods should be reported within 14 days of receipt to info@ziinga.com. The cost of postage for returned products will be incurred by the user, unless goods were faulty upon receipt.

Users are permitted to exchange won products for bids equivalent to the retail value of the product they have won, up to 2 times in a calendar month. Users who opt to receive bids will not be charged the final product price or delivery charges. The value of each bid will be in accordance to the value of bid packages (rounding upward). Thereby products with a retail value of NZ$16.48 or less will receive 1 bid for every NZ$1.65 of the retail value. Products with a retail value of NZ$463.35 and above will receive 1 bid for every NZ$0.93 spent.

Please note that bid packages can only be refunded if unused. By policy, refund claims for completely or partially used bid packages are invalidated immediately. Send us an email within 14 days from the date of purchase for a full purchase price refund on unused bid packages.

We offer a 30-day return policy to all users who purchase any promotional offers. Refunds are approved only if no bids or credits have been used. A cancellation fee of NZ$54.00 applies to all refunds. A user can cancel the platinum membership if no membership benefits has been used within the first 3 months with an applicable cancellation fee of NZ$54.00. All users disclaims any right to a cooling-off period when signing up to the platinum membership.

Overdue Balance / Chargeback

Customers of Ziinga.com who have an overdue balance or owe the website money in charges for items, membership or other fees must settle the debt in a timely manner or risk having their case handed over to a debt collector. In the event that a debt collector is involved, the overdue balance must be settled directly with the debt collector.

Accounts that do not settle overdue balances or unduly chargebacks within the allotted time, whereby allotted time is determined on a case-to-case basis, may be blacklisted and may also incur further fees. Any and all fees will be paid by the member. A fee of NZ$877.00 will apply per unduly chargeback.

Disruptions in Service

Occasionally there may be service disruptions that are beyond Ziinga’s control. In such cases, ongoing auctions will be temporarily suspended and the highest bid will remain as before. Auctions will resume once technical errors have been resolved. Ziinga reserves the right to change the date or time of an auction’s close should unplanned disruptions occur. Users bidding on temporarily suspended auctions will not be entitled to a refund for bids.

Privacy Policy

Information Collection and Use

Ziinga is the sole owner of the information collected on this site. Unless required to do so by law, we will not share, sell or distribute any of the information you provide to us without your consent.

Registration

During registration a user is required to provide us with their email address. After you register, we recommend going to "My Account", and filling out your name (as per your credit card) and shipping address. The information you supply us will enable us to provide you with access to all parts of our website and to supply the goods or services you have requested. It will also enable us to bill you and to contact you where necessary, which is why it is important to provide us with valid details. Your information may also be used to administer, support, improve and develop our business.

This information may also be used to contact the user about Ziinga services in which they have expressed an interest. You may revoke your consent at any point by canceling your account. To cancel your account, send an email to info@ziinga.com.

Publicity

Ziinga reserves the right to publish the name, region, and photograph of the winners. This policy is one of the conditions of participating on the Website, which allows Ziinga to provide the public with testimony of the auctions won by users. This constitutes a crucial transparency issue.

As a winner of a major auction, users may be asked, depending on marketing needs, to provide a photo or video about the circumstances surrounding his/her win. The following rules apply to the photo or video:

1. The face must be uncovered.
2. He/she must hold the product he/she has won on the photo or video.

The information gathered may be used to write a press release sent to the media and may also appear in one of Ziinga's commercials, including but not limited to, television and radio, as well as on the Website. We may, or may not, provide a small incentive for winners who provide this.

Third Party Data Collection

Your personal information may be passed on to third parties only if this is necessary to process a payment transaction or a business transaction with our partners. Abovementioned third parties are always reputable businesses that strictly comply with applicable data protection regulations.

Ziinga maintains the right to modify terms and conditions at any given time.

Ziinga.com is a trade name of Flamingo Intervest Ltd., OMC Chambers, P.O. Box 3152, Road Town, Tortola, British Virgin Islands.