Logo

ClueMart Terms of Use

Effective Date: 25 December 2025

Version: 1.0

Last Updated: January 2026

1. Related Policies

These Terms of Use must be read together with ClueMart’s Privacy Policy. By using the ClueMart app, you confirm that you have read, understood, and accepted both the Terms of Use and the Privacy Policy. For the purposes of these Terms of Use, the most frequently used definitions are set out in Appendix A.

2. Eligibility

To use ClueMart, you must be at least 16 years old. If you are under 18, you must have the permission of a parent or legal guardian. By accessing or using the app, you confirm that you meet these requirements and that all information you provide is true, accurate, and complete. We may request age or identity verification to comply with legal requirements or in case of suspected misuse.

3. User Accounts

Certain features of ClueMart require account registration. You agree to:

  • Provide true, current, and complete registration data
  • Keep login credentials secure and confidential
  • Notify us immediately of unauthorized access or use of your account
  • Be fully responsible for all actions taken using your account

We reserve the right to suspend or delete any account found to contain false or misleading information, or which violates our Acceptable Use Policy.

4. User Roles

4.1. Organisers

  • Can create and manage market listings (dates, locations, participation rules, fees)
  • Review and approve/reject stallholder applications
  • Manage visibility, descriptions, and communication tools
  • Must maintain accurate and current event information

4.2. Stallholders

  • Create vendor profiles including products, photos, and business info
  • Apply to markets and pay fees via integrated payment tools
  • Communicate professionally with organisers and users
  • Indicate availability for external events (schools, corporates)
  • Are solely responsible for content accuracy and legality

4.3. Dual Role Users

  • Users may operate as both market organiser and stallholder, but all actions are tracked separately.

4.4. Visitors

  • Anonymous guests may browse public content but cannot interact
  • Visitors (e.g., contest participants) must provide limited data (e.g., email, first name, last name)

All data collection is limited to stated purposes per our Privacy Policy.

4.5. Partnership Program

ClueMart allows registered Users to apply for participation in the official Partnership Program. Partners are Users who provide value to the market community through charitable contribution (“Heart Partners”), professional services (“Support Partners”), or media exposure (“Media Partners”). Each Partner category receives specific visibility or benefits as described in the Partnership Policy. Becoming a Partner requires an active User account and does not modify any obligations described in these Terms of Use. ClueMart supports multiple user roles to promote community engagement and platform diversity.

5. Acceptable Use of the App

5.1. Platform Role and Content Moderation

ClueMart operates as a digital platform and intermediary only. ClueMart is not a regulatory authority and does not perform comprehensive or prior legal review of all user-generated or advertising content published on the platform. The presence of any content on the platform does not constitute approval, verification, or endorsement by ClueMart.

If ClueMart becomes aware of content that is allegedly unlawful, infringing, or otherwise inappropriate, ClueMart may, at its sole discretion, restrict, remove, or disable such content. Where ClueMart receives a valid notice, court order, or binding decision from a competent authority requiring the removal or restriction of specific content, ClueMart will comply with such decision without delay. Except where required by law, ClueMart is not obliged to proactively monitor or investigate user-generated or advertising content.

5.2. Verification and Compliance Checks

ClueMart reserves the right to request reasonable information or documentation from Users to verify compliance with applicable laws, platform policies, eligibility requirements, or representations made on the Platform. Failure to provide such information within a reasonable timeframe may result in suspension, restriction, or termination of access to the Platform.

5.3. You agree to use ClueMart only for legal, fair, and constructive purposes.

Permitted activities include:

  • Browsing markets and stallholder listings
  • Creating, joining, and managing markets or stallholder profiles
  • Participating in official promotions or giveaways
  • Purchasing subscriptions or advertising placements
  • Communicating respectfully via built-in messaging

Prohibited behavior includes:

  • Uploading false, deceptive, or illegal content
  • Harassment, abuse, discrimination, or intimidation
  • Impersonation or identity theft
  • Violating intellectual property or third-party rights
  • Disrupting ClueMart services, systems, or infrastructure
  • Using bots, scripts, or automation to interact with the app
  • Promoting scams, pyramid schemes, or unlicensed commercial activity

5.4. Content Standards and Enforcement

Violations may result in warnings, content removal, account suspension, or termination. In particular, any content must not be unlawful, pornographic, sexually explicit, obscene, defamatory, hate-inciting, or otherwise offensive to public morals or accepted community standards. ClueMart reserves the right to reject, remove, or disable such content at any time and without notice. The removal or restriction of content does not constitute a legal determination or admission of unlawfulness. Where appropriate, ClueMart may reinstate content if concerns are resolved.

ClueMart may become aware of allegedly unlawful or inappropriate content through user reports, automated tools, third-party notifications, or other reasonable means. In non-authority cases, ClueMart will take reasonable action within a reasonable timeframe, having regard to the nature of the content and available information. The exercise of content moderation discretion does not create a duty to remove all reported content. ClueMart does not act as a publisher or editor of user-generated or advertising content. Content must not breach the Harmful Digital Communications Act 2015.

6. Payments

6.1. Annual Subscription Agreement

An annual subscription means a binding commitment to ClueMart services for a period of twelve (12) months. By choosing this option, you agree to maintain your subscription for the full 12-month term. You may choose to pay monthly or in one upfront payment; however, selecting the monthly payment option does not alter your obligation to pay for the entire 12-month term.

If you cancel your annual subscription before the end of the 12-month period, any discounts applied under the annual subscription will be revoked. The months already used will be recalculated at the standard monthly rate, and the resulting difference must be paid in full. Early cancellation does not release you from the obligation to pay the remaining balance for the contracted period.

6.2. Debt Recovery

Where any fees, subscriptions, or other amounts remain unpaid after the due date, ClueMart may charge reasonable interest on the overdue amount and recover any reasonable costs incurred in connection with debt recovery, including legal fees and collection agency costs, to the extent permitted by law.

6.3. Cancellation and Payment Structure

A. Monthly Subscription (No Contract)

The monthly subscription is a non-contracted plan. No automatic charges are made. The User must manually pay each month in order to activate or continue the subscription. If payment is not made, the subscription will simply expire at the end of the paid period. Once a monthly payment has been made, the fee is non-refundable. If the User chooses to stop using the service during a paid month, no full or partial refund will be provided for the unused portion of that period. Cancellation does not create any right to refund or compensation.

B. Annual Subscription – Monthly Instalments

An annual subscription constitutes a binding 12-month contractual commitment. Under this option, monthly instalments are automatically charged. Entering into an annual subscription creates a full 12-month payment obligation. If the User cancels before the end of the 12-month term, the full remaining contractual amount becomes immediately due and payable. ClueMart reserves the right to invoice and legally recover any outstanding balance. Early cancellation does not release the User from the obligation to pay the full annual amount.

C. Annual Subscription – One-Time Payment

An annual subscription paid in full constitutes a 12-month commitment. The annual fee is non-refundable in whole or in part, regardless of the level of use of the service. ClueMart does not provide refunds for subscription fees except where required by mandatory law.

D. Free and Trial Access

The Standard package is currently available free of charge with no time limits. ClueMart reserves the right to modify or withdraw free access at any time. New Stallholders receive introductory access to the Pro package for a period of two (2) months from the date of registration. This introductory Pro access is provided on a trial basis and may be modified, extended, or withdrawn at ClueMart’s discretion. At the end of the introductory period, Stallholders may choose to subscribe to a paid Pro package or continue using the Standard package where applicable. Availability of free packages, trial periods, features, and subscription pricing may change over time as the platform evolves.

ClueMart reserves the right to modify platform features, package structures, and pricing as the service evolves.

7. ClueMart distinguishes between two types of payment:

7.1. Market-related Payments:

  • These are negotiated between Market Organisers and Stallholders
  • Include stall fees, event participation costs, or private arrangements
  • ClueMart does not process or control these transactions
  • Disputes must be resolved directly between the two parties

7.2. ClueMart Services Payments

  • Include subscriptions, advertising, featured listings, and promotional tools
  • Processed securely via Stripe (a third-party payment provider)
  • ClueMart does not store or access full credit card or bank information
  • Users are encouraged to review billing terms, renewals, and refund eligibility on the Pricing page

8. Content Ownership and License

You retain ownership of all content you submit, such as product photos, listings, business descriptions, and reviews. By uploading content, you grant ClueMart a worldwide, royalty-free, non-exclusive license to use, display, reproduce, and promote this content within the platform.

  • You have the rights to share and publish submitted content
  • Your content does not infringe on third-party rights
  • You accept responsibility for any legal claims arising from your content

9. Termination

9.1. We reserve the right to suspend or permanently terminate accounts in cases of:

  • Repeated policy violations
  • Fraud, abuse, or illegal conduct
  • Serious harm caused to other users or ClueMart systems

Users may voluntarily delete their accounts at any time by contacting support or using the Delete my Account option in the ClueMart app. Data deletion requests are handled per our Privacy Policy and applicable law.

9.2. Suspension and Termination at ClueMart’s Discretion

ClueMart reserves the right, at its sole discretion, to suspend, restrict, or terminate a User’s access to the Platform, in whole or in part, at any time, where ClueMart reasonably determines that the User’s conduct, activity, or continued participation:

  • is commercially unacceptable, abusive, hostile, disruptive, or damaging to the integrity of the Platform or its community;
  • poses a reputational risk to ClueMart or other Users;
  • results in a disproportionate operational or support burden; or
  • is otherwise inconsistent with the legitimate business interests of ClueMart.

9.3. Non-Payment and Access Restriction

Where a User fails to pay any fees, subscriptions, or charges when due, ClueMart may, without liability or obligation to compensate, suspend or restrict the User’s access to paid or unpaid features of the Platform until full payment is received. Continued non-payment may result in termination of the User’s account.

9.4. No Compensation

To the maximum extent permitted by law, no suspension, restriction, or termination of access under these Terms shall give rise to any right to compensation, refund, loss of profits, or goodwill claims against ClueMart.

9.5. Platform Availability and Discontinuation

ClueMart may modify, suspend, or discontinue the Platform or any part of its services at any time. Users acknowledge that continued availability of the Platform is not guaranteed, and no compensation shall be payable for any such modification, suspension, or discontinuation, to the extent permitted by law.

10. Limitation of Liability

To the maximum extent allowed by law, ClueMart and its operators shall not be liable for:

  • Loss of revenue, profits, business, or data
  • Service outages due to third-party infrastructure
  • User disputes or contract breaches between market organisers and stallholders
  • Errors in listings or unverified user-generated content

ClueMart is a platform provider, not a party to agreements between users.

11. Disclaimer

11.1. ClueMart is provided 'as is' and 'as available'. We do not guarantee:

  • Continuous, uninterrupted service
  • That content is accurate, complete, or verified
  • That all users or listings are authentic

Users are responsible for performing their own due diligence when engaging with others.

11.2. No Waiver

Any failure or delay by ClueMart to enforce any provision of these Terms shall not constitute a waiver of that provision or any other rights under these Terms.

12. No Agency or Event Organisation

ClueMart operates solely as a digital platform and intermediary. ClueMart does not act as an event organiser, promoter, agent, partner, employer, or representative of any Stallholder, Event Organiser, school, advertiser, or other third party. Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship between ClueMart and any User. All Events, promotions, school activities, listings, and transactions displayed on the Platform are independently organised and operated by Users or third parties, unless ClueMart expressly states otherwise in writing.

13. Updates to These Terms

We may revise these Terms of Use from time to time. Users will be notified of significant changes via the app or email. Continued use of ClueMart after updates constitutes acceptance of the revised Terms.

14. Governing Law

These Terms are governed by the laws of New Zealand, including but not limited to:

  • Privacy Act 2020
  • Contract and Commercial Law Act 2017
  • Fair Trading Act 1986
  • Consumer Guarantees Act 1993

Any legal disputes must be resolved within the appropriate jurisdiction of New Zealand.

15. Fraud Prevention and Official Payments

ClueMart will never ask for personal information or payment through unofficial channels such as:

  • Email
  • SMS
  • Phone calls
  • Social media messages

All legitimate payments (including subscriptions, advertising fees, and optional event participation) must be completed within the ClueMart app or via our official website cluemart.co.nz.

For more details, please refer to our Privacy Policy.

16. Contact Us

For assistance or questions regarding these Terms, please contact us via the ClueMart website using the Contact Us page.

17. Promotions

ClueMart may offer promotions or rewards programs for Stallholders from time to time (e.g., free subscriptions in exchange for contributions). Participation is optional and subject to additional terms listed in the Promotions section of our website. These programs do not modify your rights or obligations under these general Terms of Use. Certain promotional activities, including sweepstakes and prize drawings, are governed by the ClueMart Promotions Terms, which users must accept before participating.

APPENDIX A - Definitions

“ClueMart” means ClueMart Ltd., a company incorporated in New Zealand.

“Platform” refers to the ClueMart mobile application and its related digital services.

“User” refers to any individual or entity that accesses or uses the Platform.

“Stallholder” means a User who registers on the Platform for the purpose of promoting, listing, or selling goods or services at markets or events.

“Event Organiser” or “Organiser” means a User who creates, manages, or promotes markets, fairs, festivals, or similar events through the Platform.

“Visitor” means a User who browses public content without operating as a Stallholder or Organiser.

“Advertiser” means a User or approved entity purchasing advertising placements on the Platform.

“Content” means any text, image, listing, advertisement, or other material uploaded or displayed on the Platform.

“Subscription” refers to a paid access plan that provides enhanced features, as described on the Platform.