Terms of Use

Our team is currently putting bits and pieces together for you to use our new marketplace.

We have set some initial terms, please make sure you follow these when you are using our new site.

Always take good quality photos of your products and keep your inventory UpToDate.

Make sure the delivery of products to your customers with the delivery details that you provided for them.

We will have Returns & Disputes policy/procedure ready when we launch.

We reserve the right to not accept your listing or a store’s product listing for any reason for which we decide in our sole discretion.

Terms and Conditions

UNIXMO.co.nz (‘this website’) is owned and operated by UNIXMO Limited (‘UNIXMO’, ‘we’, ‘us’, ‘our’). These terms of use constitute an agreement made between you, the website user (‘you’, ‘your’), and us. You must not access or use this website unless you accept all of these terms of use. By accessing and using this website you are agreeing that you have read, understood, and accepted these terms of use, and agree to be bound by them. If you have any questions about the Terms, please contact us at [[email protected]].

Privacy

Where we collect personal information about you as a result of your accessing and using this website, our Privacy Policy will apply to that information. Accordingly, these terms and conditions must be read together with our Privacy Policy.

Electronic Communication

When you visit this website or send us emails, text messages, and other communications, you consent to receive communications from us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages on this website or through the other services, such as email. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing in terms of the Electronic Transactions Act 2002.

Changes

We reserve the right to change, suspend, or discontinue any aspect of the website at any time, including hours of operation or availability of the website or any feature, without notice or liability. We reserve the right to change these terms and conditions at any time by publishing the changed terms on this website. Your continuing access or use of this website following such publication shall be deemed your acceptance of the revised terms and conditions. 

Your Account

To create a free account on our website you must:

  • Be at least 18 years of age and able to enter into contracts;
  • Be a New Zealand or Australia resident (unless we specifically agree with you otherwise); and
  • Complete the registration process and provide true, accurate, current and complete information to UNIXMO.  

You may not share your account information with, or allow access to your account by, any third-party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorised access to or use of the website and to preserve the confidentiality of your username and password, and any device that you use to access the website. You agree to notify us immediately of any breach in secrecy of your log-in information. You agree to not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third-party, you agree to immediately notify UNIXMO by email to [[email protected]]. You will be solely responsible for the losses incurred by UNIXMO and others due to any unauthorised use of your account.

We may at our discretion (at any time and without notice to you) suspend or terminate your account, or your ability to use the functions available through this website. 

Intellectual property

All content included on this website, including images, illustrations, designs, icons, photographs, video clips and written and other materials (together, “UNXIMO Content”) is the property of UNIXMO or its licensors, partners or affiliates and is protected by New Zealand and international copyright laws. Except with our prior written permission, you may not in any form or by any means: 

  • Use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, publish, or create in any way any works contained in any part of this website; or 
  • Commercialize any information, products or services obtained from any part of this website. 

 

Trademarks

All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this website are proprietary to UNIXMO, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of UNIXMO, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the website.

Your use of this website

You may not (a) resell or make any commercial use of this website or any of the contents of this website; (b) use this website for any purpose that is unlawful or to engage in any conduct that is likely to impair or cause damage to the operation of this website whether by way of a virus, corrupted file or through use of any other software or program; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this website (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) alter, modify, reproduce, transmit or otherwise deal with the content, software, text, graphics, layout or design of this website without our prior written approval. 

Right to user content

This website enables you to submit information and other user-supplied content (‘user content’) for the purpose of creating Listings, or otherwise. By creating, modifying, transmitting, uploading, or submitting any user content, you: 

  • Grant us a non-exclusive, royalty-free, fully paid-up, worldwide, perpetual, irrevocable, licence to publicly display and make your user content available, excluding personal details, (by all means and in any media now known or hereafter developed) to other users of this website and other users of our services in such manner as we may permit from time to time; and 
  • Acknowledge and agree that no royalties or other remuneration will be paid or payable to you for your user content, or for the granting of the rights described above. We have no obligation to you to make this website or any user content available. We may at any time edit, refuse to display or remove any part of this website (including your user content) as we deem appropriate. 

 

Gift and offer codes; Referral Program

From time to time, UNIXMO may offer qualified consumers “gift codes” or “offer codes” through a variety of promotional activities and communications (collectively referred to herein as “offer codes”) that are redeemable towards a purchase on UNIXMO.co.nz, while supplies last, and subject to certain merchandise exclusions or any other restrictions as may be determined and communicated by UNIXMO in its sole discretion. Only valid offer codes provided or promoted by UNIXMO will be honoured at checkout. Codes supplied or promoted by third parties unauthorised by UNIXMO (including any unauthorized third-party websites) will not be considered valid. Each offer code promoted by UNIXMO is non-transferable and valid for single use on an item (or items) of merchandise as determined by UNIXMO. Offer codes may not be combined and may not be used in conjunction with the UNIXMO Referral Program – customers are limited to the use of a single offer code per order. The code must be entered in the ‘offer code’ field at checkout. UNIXMO is not responsible for lost, stolen or corrupted codes or any unauthorised use of codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the merchandise is returned. Expiration dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all offer code requirements will not be honoured.

Feedback and unsolicited submissions

If you give us feedback about this website or our Services, you grant us the right to use that feedback for the purpose of improving our website or services (and for any other purpose we deem necessary or desirable) without being obliged to pay you any compensation in respect of our use of that feedback. If you do send us unsolicited ideas: 

  • They will be treated as if they were ‘user content’ in accordance with these terms of use; and 
  • They will be deemed to be non-confidential; and 
  • We will not be required to provide any acknowledgement of their source. 

Reviews

UNIXMO may allow you to post reviews, comments, photos, or similar materials on the website on other UNIXMO members or UNIXMO (collectively, “Reviews”). Any Reviews you submit must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third parties and must not include any profanity, obscene, indecent, pornographic, defamatory, or unlawful material.

No Objectionable Content. You agree not to submit Reviews that: (i) are or could be interpreted to be infringing, defamatory, libellous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred, as determined by UNIXMO in its sole discretion; or (ii) introduce viruses, time-bombs, worms, cancel bots, Trojan Horses and/or other harmful or malicious code.

Monitoring. UNIXMO has no obligation to monitor this website or any portion thereof. However, we reserve the right to review any Reviews and remove, delete, redact or otherwise modify such Reviews, in our sole discretion, at any time and from time to time, without notice or further obligation to you. UNIXMO has no obligation to display or post any Reviews. UNIXMO, subject to our Privacy Policy, reserves the right to disclose, at any time and from time to time, any information or posted content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request.

Disclaimers

While we endeavour to ensure that the content of this website is free from errors, we do not give any warranty or other assurance as to the content of the material appearing on this website, its accuracy, completeness, timeliness or fitness for any particular purpose. 

UNIXMO.co.nz does not represent either the seller or the buyer in specific transactions. UNIXMO.co.nz does not control and is not liable or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the websites, the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.

To the maximum extent permitted by Law, we provide our Service on an ‘as is’ basis, without any warranty of any kind. That means you use our Service at your own risk. It also means that we exclude and disclaim all implied warranties, to the extent that we legally can.

To the maximum extent permitted by law, we disclaim all responsibility for any damages or losses (including, without limitation, financial loss, damages for loss in business projects, loss of profits or other economic losses) whether arising in contract, tort or otherwise from the use of, or inability to use, this website, our services, or any information or material appearing on this website, or from any action or decision taken as a result of using this website or any such services, information or material.

Additional rights under consumer law

If you’re a “consumer” under the Fair Trading Act 1986 or Consumer Guarantees Act 1993, nothing in our terms will limit any rights or remedies that you may have under the Fair Trading Act 1986 or the Consumer Guarantees Act 1993 to the extent those rights cannot be limited by Law.

Entire agreement

These Terms (including any document or terms expressly incorporated into these Terms) constitute the entire agreement between you and UNIXMO with respect to this website apply instead of any prior version of any of the Terms. Our terms are governed by New Zealand Law, and the Courts of New Zealand have exclusive jurisdiction if there is a dispute.