1. Terms and Conditions.
Welcome to Unixmo Ltd, New Zealand owned online Automotive trading community. These terms and conditions are intended to help keep Unixmo a safe place to Automotive trade.
The use of this website and these Terms and Conditions shall be governed by the laws of New Zealand. Unixmo Limited reserves the right to vary these Terms and Conditions at any time.
Acceptance of terms and conditions :
The terms and conditions are the terms on which Unixmo Limited offers you access
to the Services and the Website. By registering as a member of Unixmo you accept
these terms and conditions. If you do not accept these terms and conditions, you
must refrain from using the Services.
Amendment of terms and conditions :
As UNixmo operates in a changing commercial, technological and regulatory environment, we may amend these terms and conditions from time to time. We will communicate all changes by Site Announcement. Occasionally, we may make urgent changes, but will generally give notice to review these changes. We may also seek your feedback on proposed changes on the Message Board, or, for significant changes notify you directly via email. Unless otherwise stated, 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.
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 Unixmo;
'Member Service(s)' means a trade or business service that has been advertised by a Unixmo member in the Services Category;
'Services' means any one or more of the services offered by Unixmo Limited or Unixmo's wholly owned subsidiaries, from time to time, including online Listings, classifieds, sms alerts and any other service that Unixmo may offer;
'Services Category' means the category on the Unixmo homepage where members can list services;
'we', 'us' and 'our' are a reference to Unixmo Limited;
'you' and 'your' are a reference to you;
'Website' means any Unixmo 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, service or job, whether by auction or classified;
'seller' includes any person placing a listing.
2. SPECIFIC WARNINGS.
The Services: Unixmo provides a venue to introduce members who want to buy and sell items or to advertise and find jobs and Member Services. Unixmo does not take any part in the sale of items other than by providing our Website as a platform for members. If a Sale is made 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. If you use the credit card service, we simply pass on payments made by one member to another. Unixmo provides a Services Category venue where members can be connected with trades people and service providers.
At your own risk: Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that Unixmo 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. Unixmo gives no undertakings, representations, or warranties in relation to items sold or listed on the Website, or Member Services advertised or offered through the Services Category including:
a. about ownership of any item;
b. as to the content, safety, description, worthiness, quality, or legality of the items or Member Services that are listed on the Website;
c. as to the accuracy or truth of listings;
d. that any item, or Member Service listed in the Services Category, will meet your requirements or expectations;
e. about the ability of members to complete a transaction, including credit card transactions.
Disclaimer: You expressly understand and agree that:
a. 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 and without limiting clause 2.2, Unixmo 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;
b. where Member Services are offered in the Services Category, Unixmo disclaims and excludes liability for any guarantees that a Member Service will be carried out with reasonable care and skill, fitness for a particular purpose, time of completion or price for the provision of a Member Service;
c. Unixmo 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;
d. no advice or information that is obtained by you from Unixmo or anyone else shall create any warranty by Unixmo that is not expressly stated in the terms and conditions; and
e. 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 Unixmo's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
f. while Unixmo may facilitate payment for some items by credit card (Unixmo Credits etc), Unixmo is in no way involved in the transaction itself, and responsibility for any refund rests with the seller.
Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Unixmo 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. Unixmo'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.
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.
Breach: Without limiting any other rights and remedies available to Unixmo, Unixmo may limit your activities on the Website, remove your items, listings or other content, 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, in particular, your obligations under Clause 4, or where Unixmo considers it appropriate.
3. Registering with Unixmo / Become Unixmo Member.
Becoming a Member: Registering with Unixmo or Becoming a member is free. Any can become member of Unixmo and can form a legally binding contract that is enforceable against you. You must be at least 18 years old. By registering as a member, you warrant that you can form a legally binding contract. To register Business or any Listing you must be resident in New Zealand.
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 Unixmo to ensure it is kept current at all times. Unixmo 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 Unixmo's discretion, you may create a business membership in addition to your personal membership.
Termination of membership: Unixmo reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, Unixmo 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 behavior to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled. When limiting your activities on the Website Unixmo may consider offsite conduct such as prior criminal convictions, insolvency, or any other conduct that puts our community or systems at risk. In the event of termination, you also agree that you will not open or attempt to open any new Unixmo memberships. You may at any time close your Unixmo membership. If you close your membership, or if it is terminated by Unixmo, your ability to use the Unixmo website will end. To the extent that you continue to access the site, clauses 2.2-2.5, 4.1 and 6.8 of these terms continue to apply.
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:
a. not to permit any other person to use your user name or membership; and
b. 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.
Emails : Unixmo will send you emails relating to your membership, transactions and other activities on the Website, and for promoting and marketing other Unixmo products and Services to you. Emails will contain clear and obvious instructions for how you can unsubscribe from the mailing list.
Other ways to access Unixmo and Unixmo-related data: Unixmo provides an application programming interface (API) to enable software to interface with the Website. As a result, information you publish on Unixmo may be accessed through the API and may appear in other places such as applications or websites. Also, if you grant an application permission to access your Unixmo account, that application will be able to access information that you can see when you are logged in to Unixmo. If someone is using an application to access Unixmo and trades with you, that application may be able to access information that you provide to the other person during the trading process, such as your email and delivery address.
4. GENERAL RULES.
a. All listings, bids or communications made through Unixmo shall be made in good faith.
b. 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.
c. You may not use a robot, spider, scraper or other unauthorised automated means to access the Website or information featured on it for any purpose.
d. You can 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.
e. You must list all listings and classifieds in New Zealand dollars and include GST in the price. All tax obligations are the responsibility of the seller and/or the buyer (as the parties determine).
f. You are free to complete a transaction outside of the Unixmo process, no extra fees.
g. You can use the Services or the Website to promote items for sale outside the Services.
h. You are responsible for any actions taken through your membership. Unixmo memberships are not transferable and therefore cannot be sold, leased, lent or traded without specific written authorisation from Unixmo.
Your obligations as a seller:
a. Sellers must be located in New Zealand. Sellers outside of New zealand are not permitted to sell on Unixmo, unless specifically authorised in writing by Unixmo.
b. 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. Unless you purchase a second category, you must list an item in one category only which must be the most appropriate category for your item. If your item is likely to attract
customs duty for buyers in New Zealand, you must ensure that this is clearly indicated in your listing.
c. You will only place listings for items that exist, are to be sold, and that you are legally entitled to sell. You will only list items that are in your possession, except where Unixmo has
approved otherwise in writing. In the case of motor vehicles that are offshore, they must be in transit to New Zealand, and you must be a registered motor vehicle trader, and hold clear
authority to sell such vehicles before being able to list them. You must also clearly indicate that such vehicles are offshore or in transit in the listing.
d. You may only sell or offer services in our Services Category. All Services Category listings must comply with our Member Services Category Policy.
e. All listings must comply with New Zealand law. You must not list anything that is illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically
objectionable nature), stolen, or unsafe, anything which infringes copyright or other intellectual property rights, items which have been illegally imported or which would require illegal
import or export in order to complete the transaction, or any item of which the sale is prohibited by, or violates any, law. You are responsible for ensuring that any listing by you does not
breach this. You agree that Unixmo may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual
property right holders (or their representatives) if we consider that you are in breach of this clause 4.2(f) at any time.
f. To protect your images, we will watermark with our logo any images you upload to your listings. You must ensure you hold the copyright or are otherwise licensed to use any images you
add to your listings.
g. When you list an item for sale on Unixmo, you should do so with the intention of selling this item through the site.
h. Unixmo 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 can place multiple
listings for a single item or job.
i. Your listing may only contain a URL for a website that contains further information on the item you have listed. This website can offer any items for sale, or contain contact details. You
can use Unixmo listings to promote a business or website other than one for sale in your listing.
j. You must not use the Services or the Website to sell items that are of a speculative nature including, but not limited to, pyramid or similar schemes.
k. You must not manipulate prices through shill-bidding or assuming multiple roles in a single transaction.
l. For classifieds, you may choose to sell to any buyer at your discretion.
m. Listings are not pre-screened for content. Unixmo reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions.
n. You must promptly forward the listed item to the successful buyer on completion of the transaction.
o. You must not charge unreasonable amounts for shipping and packaging costs.
p. The sale of firearms and ammunition remotely on Unixmo is within the provisions of section 43A of the Arms Act 1983. It is an offence to sell by mail order a firearm or any ammunition
for a firearm otherwise than pursuant to a written order signed by the purchaser and bearing an endorsement signed by a member of the Police stating that the member of Police has
inspected the purchaser's firearms licence and is satisfied that the purchaser is a fit and proper person to purchase that firearm or ammunition. Sellers must sight the firearms licence of
the buyer, or for remote sales must receive written confirmation signed by Police confirming the buyer holds a valid firearms licence. Forms are available at any police station. You may
only list "A" category firearms, in sporting configuration, as defined by the Arms Act 1983. You may not sell firearms that require additional license endorsements to purchase or large
capacity magazines. You may only sell firearms that are already in New Zealand. Overseas members may not buy or sell firearms on the site. Only one firearm may be advertised per
q. If you're a motor vehicle trader selling a car online, you must attach to the motor vehicle, a Consumer Information Notice (CIN), in a prominent position on your listing (e.g., through a
clear photo) and provide the CIN to the successful buyer.
If you sell six or more vehicles in a year you are likely to be required by law to register as a registered motor vehicle trader (RMVT). If so, you must register and state your RMVT
number in your listings. You authorise us to search the Motor Vehicle Traders Register on your behalf to check your RMVT status.
Regardless of whether you are a motor vehicle trader or not, if you are selling a car on Unixmo, you are required to ensure that the buyer of the motor vehicle takes the motor vehicle
free of any security interest, and you must disclose in the listing whether there is any security interest over the vehicle.
Your obligations as a Buyer:
a. Feedback is provided for the purpose of facilitating trading between members on the Unixmo Website. Feedback you provide on other members must not contain offensive, defamatory,
retaliatory or inappropriate language or content. Unixmo may remove any feedback that we consider to be offensive, defamatory, retaliatory or inappropriate.
b. 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.
c. You must not post feedback about yourself or include any contact details or personal information in your feedback.
5. FEES AND ACCOUNTS.
Unixmo Listing Fees and Success Fees:
a. Unixmo charges fees for the use of the Website as a venue.
b. Unixmo current fees are only for Business owners who registered heir business on Unixmo and listed items to sell. We have Packages. To Buy Packages User can buy Unixmo Credits
to activate the appropriate packages which will suitable to their Business and Items listing Requirements.
c. No commission on listing or sale from Unixmo. For any Item sale Unixmo has no role for completion of the item order or payment.
d. Unixmo 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.
e. If you are a New Zealand resident, then all fees are inclusive of GST and in New Zealand dollars unless otherwise stated. If you are not a New Zealand resident, then all fees are,
unless otherwise stated, in New Zealand dollars and include GST. Unless otherwise stated in these terms and conditions, no interest or other financial charges will be applied to Unixmo
f. Unixmo reserves the right to investigate queries regarding the refund of success fees with Buyers, other members and any other relevant party.
g. Before listing an item, you should review Unixmo's fees to ensure you are aware of the fees that you will incur.
h. You must pay the fees immediately upon demand by Unixmo.
a. Unixmo maintains only Unixmo credits. Any member and from which members must pay fees including payment of advance listing options. Unixmo accounts may not be used
for the payment of items sold using the Services.
b. Unixmo will maintain an amount that exceeds the aggregate face value of members' Unixmo accounts (less any amounts that have been cancelled, redeemed, or forfeited in
accordance with these terms and conditions) in a separate bank account. Unixmo acknowledges and declares that all amounts deposited in that separate bank account are held on trust
for members, such that each member has the right to a proportion of the separate bank account equal to the face value of his or her Unixmo account. Unixmo may deduct amounts
from the Unixmo Creditsa as contemplated by these terms and conditions, and reserves the right to retain any interest earned on amounts deposited in the separate bank account.
c. Any payment to your Unixmo account of any amount there is no handling fee that is payable to Unixmo.
d. There is no negative Unixmo Credits.
e. If your membership is terminated Unixmo will refund the balance of your credit account, there should be manual processing fee that is payable to Unixmo. Consequently, no refund will
be made if the Unixmo account balance is below $10. 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 Unixmo credits, bonus credits, or any free credits gifted to the member on registration will not be refunded.
f. Unixmo will ensure that, at all reasonable times, an electronic statement is available to you (on your 'My Account and My Transaction' page) that contains the following information:
i. the Credits of your Unixmo account; and
ii. records of the past transactions of your Unixmo account
g. Unixmo will ensure that, at all reasonable times, you can check the balance of your Unixmo account on your 'Unixmo Credit History or Go to My Account' page.
6. GENERAL PROVISIONS .
System Integrity: Unixmo will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, Unixmo takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, Unixmo assumes no responsibility for the corruption of any data or information held by Unixmo.
Resolution of disputes:As Unixmo is not a party to any sale or transaction between you and another member, you agree not to involve, or attempt to involve, Unixmo in any dispute or in the resolution of disputes that arise between you and another member as a result of the Services provided, If you wish to take Disputes Tribunal (or other) proceedings against another member, you can contact Unixmo for any disputer using Unixmo Contact us Form, which must be completed before we will consider releasing anyone else's information to you. You may only request contact details for the sole purpose of making a claim.
Force Majeure: Unixmo has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of Unixmo to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Unixmo.
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.
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.
Governing Law:These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
Intellectual Property Rights:Unixmo (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.
a. You may not without our prior written permission, in any form or by any means:
i. Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
ii. Commercialise, copy, or on-sell any information, or items obtained from any part of this Website.
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
Privacy: Unixmo collects uses and discloses personal information about you, as outlined in detail within our privacy Statement.