Terms and Conditions
GENERAL TERMS AND CONDITIONS
Welcome to Unixmo Limited (Unixmo), New Zealand owned one-stop online marketplace.
Unixmo is an online marketplace where users can buy and sell items, either new products or secondhand items with confidence.
The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties
Acceptance of terms and conditions: These terms and conditions are the terms on which Unixmo offers you access to the Services on 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. Unless otherwise stated, amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring that you are familiar with the latest terms and conditions. Your continued use of our services represents your agreement to be bound by the terms and conditions as amended.
Unixmo may remove or add features or functions and suspend or stop providing a service altogether.
• ‘Auction’ means a listing or listings by a user in which the item sold is won by the highest bidder
• ‘Buyer’ means a user who bids on or buys an item or product or a member service(s) listed on Unixmo website;
• ‘Business Category Plan’ means various payment plans offered for sellers/ businesses i:e: Unixmo Market Place, Automobile, Vehicle Parts, Charity etc.
• 'Items' mean goods, products or property that may be bought or sold through auction or classified process;
• 'Listing' means a listing on the Website through which you offer, negotiate, buy, sell or advertise any item, product , member service or job, whether by auction or classified;
• 'Member' means a registered member of Unixmo;
• 'Member Service ' means a trade or business service that has been advertised by a Unixmo member in the Services Category;
• ‘Mini Store ( Micro Store) Owner ’ means users that use Unixmo mini store (micro store) services to sell products;
• ‘Product(s)’ means goods, property, item or items that may be bought or sold through auction or classified process;
• ‘Seller’ means a user who lists items, goods, products or member service(s) for sale on the Unixmo platform under any one or more business category plan;
• ‘Seller/Business Account Holder’ means a registered seller who holds a business account with Unixmo;
• ‘Services’ means various products and services provided by Unixmo to help you buy and sell member services and items, including but not limited to mini stores ( micro stores), online listings, promotional marketing classifieds, SMS alerts and any other service that Unixmo may offer;
• 'Service Categories ' means the categories on the Unixmo homepage where members can list their trades or services;
• ‘We’, ‘Us’ and ‘Our’ mean UNIXMO LIMITED;
• ‘Writing’ includes electronic mail, facsimile transmission, and any comparable means of communication;
• 'You' or 'Your' are references to you;
• ‘Your Content’ is any content you post using our services.
2. REGISTERING WITH UNIXMO /BECOMING A UNIXMO MEMBER
Becoming a Member: Registering with Unixmo or becoming a member is free except for certain business accounts for sellers. Any natural or legal person can become a member of Unixmo. 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.
If we become aware of unlawful listings according to New Zealand laws and regulations we will take appropriate action immediately.
Without limiting the foregoing, Unixmo may terminate your membership if;
i) a serious complaint or multiple complaints are received about you from other members; and/or ii) you breach these terms and conditions; and/or iii) you impersonate another member; and/or iv) we at our sole discretion, deem your behaviour to be unacceptable.
You agree that you will not open or attempt to open any new Unixmo memberships once your membership is terminated by Unixmo.
In the event of a termination of membership by Unixmo, 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.
Closing of your account: You may at any time close your Unixmo membership. If you decide that you want to close your account with us, you may do so at any time, given that:
• you do not have any outstanding items listed,
• you resolved any outstanding matters,
• you have paid any outstanding fees you owe.
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, mobile number 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.
3. DISCLAIMER, INDEMNITY AND LIMITATION OF LIABILITY
The 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.
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
To the maximum extent permitted by law, 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 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;
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;
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 is in no way involved in the
transaction itself, and responsibility for any refund rests with the seller.
Liability: 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 Unixmo or its directors, shareholders and employees from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by Unixmo or its directors, shareholders and employees 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, or where Unixmo considers it appropriate.
4. FEES AND ACCOUNTS
Unixmo Listing Fees and Success Fees:
a. Registering with Unixmo or becoming a member is free except for certain business accounts for sellers. Unixmo charges fees for the use of the Website and accessing its benefits as a registered seller/ business account holder based on the business plan chosen by the seller. The available business plans are:
o Accounts with monthly subscription fee; i:e: Vehicle Parts Section, Automobile Section o Accounts with a success fee (commission).i:e: Unixmo Market Place and Unixmo
Foundation Charity b. Unixmo reserves the right to change the fees charged for any of our Services at any time which will be
notified by way of site announcements. We will generally give two weeks’ notice of any change of fees. 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.
c. All fees are inclusive of GST and in New Zealand dollars unless otherwise stated.
d. Unless otherwise stated in these terms and conditions, no interest or other financial charges will be
applied to Unixmo account balances.
e. Unixmo reserves the right to investigate queries regarding the refund of success fees with Buyers, other
members and any other relevant party.
f. Prior to listing an item, you should review Unixmo's fees to ensure that you are aware of the fees that
you will incur.
g. You must pay the fees immediately upon demand by Unixmo.
h. Subscription Fees shall be paid in advance and will be billed in monthly intervals on a particular date
(Billing Date). All outstanding fees including Subscription Fees and Transaction Fees (together Fees ) will be charged on each Billing date. You can request an invoice to be sent to your designated email address. Any issue or issues with regard to Fees can be brought within a time period of two weeks.
Please read the Terms and Conditions for Sellers / Business Accounts for more details on fees and accounts.
5. GENERAL PROVISIONS
Buyer Protection and Obligations:
In addition to these General Terms and Conditions there are certain specific rules and obligations applicable to buyers. Please read Unixmo policies relating to buyer protection and obligations for more information.
Seller /Business Accounts:
In addition to these General Terms and Conditions there are certain specific rules and obligations applicable to Seller/ Business Accounts. Please read Seller/ Business Account Terms and Conditions before registering as a member.
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 arises 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 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 including the Fair Trading Act 1986; the Consumer Guarantees Act 1993, the Harmful Digital Communications Act 2015, the Copyright Act 1994, the Trade Marks Act 2002 and Privacy Act 1993.
By using the services of Unixmo website you agree to submit to the non-exclusive jurisdiction of the Courts of New Zealand.
Intellectual Property Rights:
a. 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.
b. 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.
c. You are solely responsible for your content and shall ensure that you are not infringing intellectual property rights of any third party. We reserve the right to remove your content if we consider that you have infringed a third party’s intellectual property rights. d. When you upload your content on to Unixmo you agree to give us the right to use it. We may use your
content without further approval from you but do not claim ownership of your content.
Notices: Legal notices or demands to Unixmo shall be made in writing and sent to Unixmo to 1/8 Keith Hay Drive, Manukau 2104 New Zealand or by email to ................... The notices shall be effective when they are received by Unixmo.
Legal notices to another member shall be made in writing and sent to the last known correspondence or email address provided by the member to Unixmo. The notice to the member shall be deemed to be received when Unixmo is able to establish that the notice has been sent to the member.