Toivra

Toivra

Terms & Conditions

Last updated 14 August 2026

These terms govern your use of Toivra, our online vehicle auction and marketplace platform operated in New Zealand. By creating an account, bidding, listing, subscribing, or otherwise using Toivra you agree to these Terms & Conditions and any policies referenced within them. If you do not agree, you must not use the Platform.

1. Acceptance of terms

By accessing or using the Toivra Platform (the "Platform"), you confirm that you have read, understood, and agree to be bound by these Terms & Conditions, together with any platform policies, fee schedules, and plan descriptions referenced in these terms.

These terms apply to all users, including browsers, Buyers, Sellers, members, and administrators, regardless of whether a paid subscription is held.

We may update these terms from time to time. When we make material changes we will update the "Last updated" date above. Continued use of the Platform after changes are posted constitutes acceptance of the updated terms. If you do not accept updated terms, you should stop using the Platform.

Certain features may be subject to additional terms presented at the point of use, such as membership plan terms or AI Tools usage terms. Where a conflict exists, the specific additional terms prevail for that feature.

2. Definitions

In these terms, unless the context requires otherwise:

  • "Toivra", "we", "us" means the operator of the Platform, based in New Zealand.
  • "Platform" means the Toivra auction and marketplace website, mobile applications, and any related services.
  • "Vehicle" means any motor vehicle or related asset listed for auction or sale on the Platform.
  • "Listing" means any auction or fixed price offer created for a Vehicle.
  • "Seller" means a user who lists a Vehicle. Listing privileges for auction inventory are restricted to authorised Toivra administrators.
  • "Approved Seller" means a user who has completed the marketplace seller application and been approved to create marketplace listings.
  • "Buyer" means a user who bids on, negotiates, or purchases a Vehicle.
  • "Bidder" means a user who has completed bidder registration and is permitted to place bids.
  • "Winning Bid" means the highest qualifying bid at the close of an auction that meets or exceeds any reserve price.
  • "AI Tools" means the artificial intelligence features available on the Platform, including AI search, comparisons, recommendations, inspection checklists, listing assistance, and damage assessment.
  • "Fees" means the buyer premium, seller premium, GST, processing fees, and any other charges set out in clause 8.

3. Eligibility and user accounts

3.1 Eligibility

You must be at least 18 years old and legally able to enter into binding contracts in New Zealand to use the Platform. By registering you confirm you meet these requirements.

Use of the Platform is not permitted where prohibited by law.

3.2 Account information

You must provide accurate, current, and complete information when registering and keep your account details updated, including your contact email, phone number, and any information required for bidder registration.

You are responsible for all activity occurring under your account and for keeping your password and login credentials confidential. You must promptly notify us of any unauthorised use of your account.

3.3 One account per person

One account per person. Sharing, selling, renting, or transferring accounts or credentials is not permitted. We may refuse, suspend, or close accounts we believe breach this rule.

3.4 Account suspension and termination

We may suspend, restrict, or terminate any account, listing, bid, or membership where we reasonably believe there has been a breach of these terms, fraudulent activity, or conduct that harms the Platform or other users, whether or not that conduct was intentional.

On termination, outstanding Fees and amounts you owe remain payable. We may disclose information where required by law or to protect the rights, property, or safety of Toivra, our users, or others.

4. The platform and our role

Toivra operates as both an online auction platform and a marketplace for the sale of vehicles, including salvage and good condition vehicles.

We act as a facilitator between Buyers and Sellers. Except where Toivra lists inventory directly, we are not the seller of any Vehicle and do not take title to any Vehicle. Contracts for the sale of a Vehicle are between the Buyer and the Seller.

We provide listing, bidding, payment handling, escrow, notifications, and AI Tools to assist with information and decisions, but we do not guarantee any particular outcome, that a transaction will complete, or that any Vehicle meets any particular standard.

The Platform is provided on an as is basis and availability is not guaranteed. We may restrict, modify, suspend, or discontinue any feature, or the whole Platform, at any time without notice, except where required by law.

5. Listings and sellers

5.1 Auction inventory

Auction inventory Listings are created and managed by authorised Toivra administrators to maintain inventory quality and accuracy. Toivra may act as the seller for this inventory on its own behalf or as agent for a principal.

5.2 Marketplace sellers

Marketplace Listings may be created by Approved Sellers only. Sellers must complete the marketplace seller application and be approved before listing, and must maintain approved status to continue listing.

We may refuse, suspend, or remove any Listing or seller approval at our discretion, including for accuracy, quality, or conduct concerns, with or without notice.

5.3 Listing standards

Sellers must ensure Listings are accurate and not misleading, that they have the legal right to sell the Vehicle, that the Vehicle is lawfully available for sale with clear title, and that there are no undisclosed encumbrances.

The following are required for listing completeness: a Vehicle Identification Number (VIN) and a registration number where applicable, accurate condition and damage disclosures, and photographs that genuinely depict the Vehicle.

5.4 Prohibited and restricted listings

Sellers must not list Vehicles that are illegal, stolen, encumbered without disclosure, or otherwise unable to be lawfully sold. We may remove such Listings, withhold payouts, and involve authorities where appropriate.

We may moderate Listings, including AI assisted content and authenticity checks, and may reject or remove Listings that are off category, prohibited, or otherwise non compliant with these terms.

5.5 Seller obligations after sale

If a Seller's Vehicle sells, the Seller must cooperate with the handover process, provide accurate documentation, and respond to Buyer enquiries within a reasonable time. Failure to do so may result in reversal of the sale, withheld payouts, and removal of selling privileges.

6. Bidding and auctions

6.1 Binding bids

Every bid is a binding offer to purchase the Vehicle at the bid amount, subject to any reserve price. You must not bid unless you intend and are able to pay the full amount, including all Fees.

6.2 Bid increments and limits

Bids are placed in the increments shown on the Listing. We may set minimum and maximum bid limits and may require additional verification for high value bids.

6.3 Auction extension

Toivra may extend an auction closing time when late bids are received, to allow fair response time for other Bidders. The closing time shown on the Platform at any moment is the governing time.

6.4 Auction results and reserves

Auction results are final once the auction ends. The highest qualifying bid that meets or exceeds the reserve price is the Winning Bid. If the reserve is not met, the Vehicle may be withdrawn, relisted, or offered through other channels. Reserve prices may be set or changed before bidding and are not disclosed except where shown.

6.5 Proxy and automatic bidding

Proxy or automatic bidding is available where offered. You are responsible for any proxy bids you set and must ensure their maximum amount is acceptable to you.

6.6 Bidder registration

To place bids you must first complete bidder registration, which collects required identification and contact information used to verify identity and deter fraud. We may decline, suspend, or reinstate bidding privileges at any time.

6.7 Bidding conduct

Shill bidding, bid shielding, bid siphoning, coordinated bidding, or any form of manipulating price or auction outcome is strictly prohibited. Bids or accounts involved in such conduct may be voided, reversed, and removed.

7. Buy now, fixed price, and negotiations

Where a Vehicle is offered at a fixed price or with a buy now option, the first Buyer to complete the checkout at the stated price secures the Vehicle, subject to payment and these terms.

Where negotiation is offered, any accepted offer becomes a binding agreement on the same terms as a sale, and the same Fees and payment obligations apply.

Availability of buy now, fixed price, or negotiation is at our or the Seller's discretion and may be withdrawn at any time before acceptance.

8. Fees and pricing

The following Fees may apply to transactions on the Platform, in addition to the Vehicle sale price:

  • Buyer premium of 5% of the winning bid or sale price.
  • Seller premium of 3% of the final sale price.
  • Goods and Services Tax (GST) of 15% where applicable.
  • A processing fee may apply to certain transactions, as shown at checkout.
  • Optional paid features, such as Listing feature boosts, charged at the price shown before purchase.

Fee rates and the fee structure may be changed at our discretion. Any change applies to transactions entered into after the change is posted. Current rates are always those displayed at checkout and in the relevant confirmation and invoice documents.

All amounts are in New Zealand dollars unless stated otherwise. Taxes are calculated and shown in accordance with New Zealand law.

9. Payments, invoices, and escrow

9.1 Payment processing

Payments are processed securely through our payment provider, Stripe. We do not store your full card details. By making a payment you authorise the charge for the full amount, including all Fees and taxes.

9.2 Escrow

For auction purchases, winning Buyer payments may be held in escrow for up to 48 hours after the auction ends before being released to the Seller. This hold period supports dispute review and protects both parties. Release may be manual or automated at the end of the hold period where no dispute is raised.

9.3 Invoices and due dates

Invoices are generated for completed sales and must be paid by the due date shown on the invoice. Unpaid invoices may attract further action, including account suspension, loss of bidding privileges, and forfeiture of the Vehicle.

9.4 Chargebacks and unsupported disputes

Filing a chargeback or payment dispute without first contacting Toivra to resolve the matter may be treated as a breach of these terms. We may recover amounts owed, including reasonable costs, where a chargeback is made without a valid basis.

9.5 Refunds

Refunds, where offered, are processed in accordance with our refund policy and New Zealand law. Vehicle sales are generally final; refunds are considered only where a genuine defect, misrepresentation, or Platform error has materially affected the transaction.

10. Vehicle condition, inspections, and salvage disclosure

10.1 As is sale

Vehicles, particularly salvage vehicles, are sold on an as is, where is basis. Toivra provides available information and AI assisted condition assessments to help Buyers, but does not warrant the condition, roadworthiness, or fitness for purpose of any Vehicle.

10.2 Inspections

Buyers are strongly encouraged to arrange independent inspections, attend viewings where available, and use the inspection request feature before bidding or purchasing.

10.3 Information accuracy

All Vehicle information, images, and AI assessments are provided in good faith but may contain errors. Final inspection by the Buyer is the Buyer's responsibility. Historically reported matters, including import damage records, are disclosed where known but do not constitute a warranty.

10.4 Salvage and damage disclosure

Sellers must disclose known damage, prior repair history, imported as damaged status, and any material defects. Failure to disclose may result in sale reversal and seller sanction.

11. Post auction, handover, and title

11.1 Handover

After a successful sale, the Buyer and Seller must arrange Vehicle handover through the handover process provided on the Platform, including scheduling pickup and completing required documentation.

11.2 Title, registration, and charges

Title transfer, registration, warranted fitness certification, and any applicable Road User Charges remain the responsibility of the Buyer or Seller as applicable under New Zealand law, unless we expressly agree otherwise in writing.

11.3 Buyer failure to collect

Where a Buyer does not complete handover within the time provided, the sale may be cancelled, the Vehicle relisted, and the Buyer held liable for any loss or Fees incurred, with any deposit or payment retained at our discretion.

12. Subscriptions and membership

12.1 Membership tiers

Toivra offers membership tiers, including Free, Pro, and Pro Max. Plans, pricing, features, and any recurring billing are shown on the membership page and may change over time.

12.2 Billing and renewal

Subscriptions renew automatically under the terms of our payment provider until cancelled. You may cancel at any time; cancellation takes effect at the end of the current billing period and access continues until then, except where we remove access for a breach of these terms.

12.3 AI Tools usage

Pro and Pro Max memberships unlock AI Tools subject to monthly usage quotas, with limits set per plan. Unused allowances do not roll over. AI Tools are provided for personal use only and may not be resold, shared, or automated beyond the features offered.

12.4 Refunds and price changes

Subscriptions are not refundable except where required by law. We may adjust plan features, prices, and quotas. Price changes take effect from the next billing cycle with notice where reasonable.

12.5 Early or priority alerts

Where a plan includes priority or earlier alerts, those alerts are provided on a best efforts basis and are not guaranteed to arrive on time or to arrive at all. Availability depends on device settings, network, and email delivery.

13. Verification and identity

Sellers must complete identity verification before being approved and may be required to provide proof of identity and proof of ownership. Buyers must complete bidder registration before bidding.

Submitted information may be reviewed, including AI assisted identity checks, to protect the integrity of the Platform. You consent to us processing identity and verification information for these purposes.

We may refuse or revoke verification, approval, or bidding privileges at any time where we reasonably suspect fraudulent, inaccurate, or non compliant activity, or cannot confirm identity to our satisfaction.

You must keep verification information accurate and current and inform us of material changes.

14. Prohibited conduct and anti abuse

You must not engage in fraudulent, misleading, abusive, or unlawful conduct, including bid shielding, bid manipulation, shill bidding, fake accounts, attempts to defeat payment or verification, scraping, or unauthorised access.

You must not use the Platform to harass another user, evade Fees, circumvent the Platform to transact off platform, or interfere with Platform operations or security.

The Platform uses layered anti bot and rate limiting protections on forms and sensitive actions, including honeypot fields, human challenges, and behavioural timing checks. We may restrict, throttle, suspend, or terminate access for accounts that trigger these protections or otherwise breach these terms in good faith.

Prohibited conduct may be referred to law enforcement where appropriate.

15. Ratings, reviews, and community content

Users may post ratings, reviews, questions, and answers. Such content must be honest, lawful, and based on genuine experiences.

You retain ownership of content you post but grant Toivra a non exclusive, royalty free licence to use, display, reproduce, and process it for the operation of the Platform.

We may remove content we consider false, abusive, off topic, defamatory, or otherwise non compliant, and may restrict users who repeatedly breach these standards.

16. AI Tools

AI Tools are provided to assist with information and decision support only. AI outputs may be inaccurate, incomplete, or outdated. You must use your own judgement and not rely solely on AI output for any purchasing, bidding, or safety decision.

Toivra gives no warranty that AI output is correct, suitable, or free from error. We are not liable for losses arising from reliance on AI Tools.

AI Tools must not be used to discriminate, deceive, or in any way that breaches these terms or the law.

17. Disclaimers and limitation of liability

17.1 Disclaimers

The Platform and all Vehicle information and AI Tools are provided on an as is basis. Toivra gives no warranty or representation regarding any Vehicle, the accuracy of Listings, the conduct of any user, or the outcome of any transaction.

17.2 Limitation of liability

To the maximum extent permitted by New Zealand law, Toivra is not liable for indirect, incidental, or consequential losses, or for loss of profit or opportunity arising from your use of the Platform or any transaction. Our liability for matters that cannot be excluded is limited, where permitted, to resupplying the relevant service or the cost of that resupply.

17.3 Consumer guarantees

Where the Consumer Guarantees Act 1993 applies to you as a consumer and cannot be excluded, its guarantees apply and nothing in these terms limits your rights under it. Where we contract on a business to business basis, we exclude those guarantees to the extent permitted.

17.4 Indemnity

You indemnify Toivra against claims, losses, and reasonable costs arising from your breach of these terms, your misuse of the Platform, your conduct toward other users, or any inaccurate or unlawful content you submit.

18. Intellectual property

18.1 Platform rights

All Platform branding, design, content, and software are owned by Toivra or our licensors and are protected by New Zealand and international law. You may not copy, reproduce, or misuse them except to use the Platform as intended.

18.2 User content

You retain ownership of content you submit, such as Listing details and images. You grant Toivra a licence to use, display, and process that content for the operation of the Platform and related features, including AI assisted services and moderation.

18.3 No reverse engineering

You must not reverse engineer, decompile, scrape, or attempt to extract the source, structure, or data of the Platform, except to the extent permitted by law or for accessibility.

19. Privacy and data

19.1 Privacy law

We handle personal information in accordance with the Privacy Act 2020 (New Zealand) and our Privacy Policy. We collect only what is necessary to operate the Platform, complete verification, and process transactions.

19.2 Data we hold

This may include your name, email, phone number, date of birth, address, identity and verification documents, payment information handled by our payment provider, bidding and transaction history, and device and usage data while you use the Platform.

19.3 Storage outside New Zealand

Your personal information may be stored, processed, or transferred to, and accessed from, countries outside New Zealand, including where our service providers and cloud infrastructure are located. By using the Platform you acknowledge and consent to such cross border transfers. We take reasonable steps to ensure that providers we rely on offer protections consistent with New Zealand privacy law.

19.4 GDPR compliance

To the extent these terms and the General Data Protection Regulation (GDPR) apply to users located in the European Economic Area or the United Kingdom, Toivra acts as a data controller for the personal information it processes to operate the Platform.

We process personal information on the following lawful bases: performance of a contract with you, compliance with our legal obligations, our legitimate interests in operating and securing the Platform, and your consent where you provide it.

You may exercise any of the following rights where they apply: to access, rectify, erase, restrict, object to, or port your personal information, and to withdraw consent at any time without affecting lawfully processed prior activity. Requests can be made through the Contact page.

International transfers are made under appropriate safeguards as required by the GDPR, including standard contractual clauses or other recognised transfer mechanisms, and only where necessary to operate the Platform for you.

You may complain to your local data protection authority if you believe our handling of your information breaches the GDPR.

19.5 Access and retention

You may access, correct, or request deletion of your personal information subject to our legal obligations and Platform record keeping. We retain transaction and identity records for as long as required for tax, legal, dispute, and integrity purposes.

20. Notifications and communications

We may communicate with you by email, in Platform notifications, or push notifications where you have enabled them. Transactional messages are sent to your registered email and may be required to use the Platform.

Alerts and reminders are provided on a best efforts basis and are not guaranteed. You are responsible for keeping your contact details current.

21. Dispute resolution

If a dispute arises, we encourage users to first contact the other party and Toivra support to attempt resolution in good faith.

Escrow holds are intended to allow time for genuine disputes to be raised and reviewed. We may act as a reasonable administrator in reviewing disputes but are not an adjudicator of title or condition.

Unresolved disputes may be referred to the New Zealand courts or a dispute resolution service as appropriate.

22. Force majeure

We are not liable for failure or delay in performance caused by events beyond our reasonable control, including natural events, network or payment provider outages, supplier failures, or legal or regulatory restrictions.

23. Changes to these terms

We may revise these terms at any time. The date of the most recent update is shown above. Your acceptance of the current terms is indicated by continued use after the update is posted.

Not all changes will be individually notified. We encourage you to review these terms periodically.

24. Governing law and jurisdiction

These terms are governed by the laws of New Zealand. Any dispute arising in connection with them is subject to the exclusive jurisdiction of the New Zealand courts, except where the Consumer Guarantees Act 1993 applies and cannot be excluded for consumers, and except where a different dispute process is agreed.

25. Contact

Questions about these terms, your account, or any transaction can be directed to Toivra support through the Contact page on the Platform.

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Toivra

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Terms & Conditions