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Terms and Conditions ​

1 Introduction
1.1 These terms and conditions (Terms) are entered into between Unixmo Limited (NZBN 9429041607510) (we, us or our) and you, together the Parties and each a Party.
1.2 We provide an automotive listing directory platform where businesses can list cars, parts, services, and jobs (Sellers) and users of our platform (Users) can browse listings and connect and transact with Sellers (Platform).
1.3 In these Terms, you means (as applicable) the person or entity registered with us as either a User or a Seller or the individual or entity accessing or using the Platform.
1.4 If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.
2 Acceptance and Platform Licence
2.1 You accept these Terms by signing up as either a User or a Seller on the Platform.
2.2 You must be at least 18 years old to use the Platform.
2.3 We may amend these Terms at any time, by providing written notice to you. By continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment and it adversely affects your rights, you may cancel your Membership with effect from the date of the change in these Terms by providing written notice to us. If you cancel your membership, (a) you will no longer be able to use the Platform on and from the date of cancellation, and (b) if you have paid Fees upfront you will be issued a pro-rata refund having regard to the date of termination and the period for which you have paid.
2.4 Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
2.5 When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:
(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
(b) using the Platform to defame, harass, threaten, menace or offend any person;
(c) using the Platform for unlawful purposes;
(d) interfering with any user of the Platform;
(e) tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);
(f) using the Platform to send unsolicited electronic messages;
(g) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or
(h) facilitating or assisting a third party to do any of the above acts.
3 Accounts
3.1 You must register on the Platform and create an account (Account) to access the Platform’s features.
3.3 You may only have 1 Account on the Platform which you can use as a Seller and as a User.
3.4 You must provide basic information when registering for an Account including your contact name, address, phone number and email address and you must choose a password. As a Seller, you must provide us with your business name and business number.
3.5 Once you have registered an Account, your Account information will be used to create a profile which you may then curate.
3.6 All personal information you provide to us will be treated in accordance with our Privacy Policy.
3.7 You agree to provide and maintain up to date information in your Account and to not share your Account password with any other person. Your Account is personal and you must not transfer it to others.
3.8 You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.
3.9 We may make access to and use of certain parts of the Platform subject to conditions or requirements, including identity verification, cancellation history, quality of services and threshold of reviews.
3.10 As a Seller, you may also select a Package (Package). You may choose between different tiers of Package with different services, payment terms, Package periods, and Buyer Listing inclusions, as set out on our Platform.

4 Platform summary
4.1 The Platform is a marketplace where Users and Sellers can find each other, and advertise, buy and sell automotive related goods and services online. We provide the Platform to Users and Sellers (including hosting and maintaining the Platform) (together the Unixmo Services). You understand and agree that we only make available the Unixmo Services. We are not party to any agreement entered into between a User and a Seller, we do not process payments between Users and Sellers, and we have no control over the conduct of Sellers, Users or any other users of the Platform.
4.2 A Seller wanting to provide goods and services creates an Account on the Platform and posts an accurate and complete description of the goods and services they can provide, including the fees for the goods and services (Listing Fees) along with details related to their goods and services (as permitted in accordance with Seller’s selected Package) (Seller Listing).
4.3 A User wanting to buy goods and services creates an Account on the Platform to view and browse Seller Listings, free of charge.
5 Communication
5.1 We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as text message or email.
5.2 Users and Sellers can communicate privately using our private messaging service or offline using the listed contact details.
5.3 We take no responsibility for the content of any communications between Users and Sellers irrespective of how or where this communication occurs.
6 Packages
Where you are a Seller:
6.1 You may purchase a Package by paying the Package fees outlined on the Platform (Package Fees) in advance on a monthly or annual basis or some other recurring interval disclosed to you prior to your payment of the Package Fees (Billing Cycle).
6.2 Your Package will conclude at the end of your Billing Cycle unless you elect to purchase another Package on the Platform and pay the Package Fees outlined on the Platform.
6.3 Alternatively, you may use a free version of the Platform. Where you Package concludes, all Seller Listings which are still live on the date of expiry will be downgraded to reflect the free version of the Platform.
6.4 The Package Fees are only refundable and cancellable in accordance with any rights you may have under New Zealand consumer laws and these Terms.
6.5 We may need to change what is available as part of your Package (for example, the inclusions, exclusions, updated features), or the Package Fees from time to time. If we change what is available as part of your Package or the Package Fees, we will provide you with at least 30 days’ notice of the change. After the notice period has lapsed, we will apply the changes to your Package. If the changes adversely affect your enjoyment of the Package, you may cancel your Package with effect from the date we apply the changes to your Package by providing written notice to us. If you cancel your Package, (a) you will no longer be able to use the Platform on and from the date of cancelation, and (b) if you have paid Fees upfront you will be issued a pro-rata refund having regard to the date of termination and the period for which you have paid.
7 Job Listings
7.1 Recruiters may use their Account to purchase a job posting, which allows them to post an accurate and complete description of any job vacancies that they wish to advertise (Job Posting).
7.2 At a minimum, a Job Posting must include a detailed description of the job, minimum level of education, experience, start date, availability, application requirements and any other terms of engagement, including whether the role is full time, part time or on a casual contractor basis.
7.3 As a Recruiter, you agree:
(a) the Job Posting is an advertisement for a genuine job advertisement;
(b) to provide all details requested by us about the job in a Job Posting, including an accurate description of the job, and any other details requested by us;
(c) that we may at any time and for any reason reject the Job Posting, or remove the Job Posting from our Site, in our reasonable discretion.
7.4 Any Job Posting placed by you is an offer by you to purchase a Job Posting for the price notified, including any taxes (Job Posting Price). If we reject your Job Posting after you have paid the Job Posting Price, we will refund you the Job Posting Price.
8 Applications for Job Listings
8.1 A User may apply for a job with a Recruiter as set out in the Job Posting.
8.2 It is the Users responsibility to check the Job Posting details, including any application requirements.
8.3 In order to apply for a job advertised in a Job Posting, a User may be required to submit a cover letter and a copy of their curriculum vitae or resume.
8.4 The User acknowledges and agrees that by submitting an application:
(a) the Recruiter may contact you for further information, including to arrange an interview or interviews with you;
(b) we do not guarantee that your application will be successful or that you will otherwise be able to find a job using the Platform; and
(c) it is at the Recruiter’s discretion as to whether they contact you for further information or to let you know whether or not your application is successful.
8.5 All information provided in your application must be true, accurate and complicate and you must not provide any false, misleading or fraudulent information in your application.
9 Payments
9.1 You acknowledge and agree that the Platform does not facilitate the payment of Listing Fees by Users to Sellers.
9.2 The payment methods we offer for the Fees are set out on the Platform. We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
9.3 You must not pay, or attempt to pay, the Fees by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third party payment processor to debit your account in accordance with these Terms and you certify that you are either an account holder or an authorised signatory on the account for which you provide details.
9.4 You agree that we may set-off or deduct from any monies payable to you under these Terms, any amounts which are payable by you to us in connection with the Platform.
10 Refunds and Cancellation Policy
10.1 The cancellation, exchange, variation, or refund of any goods and services ordered on this Platform is strictly a matter between the relevant User and Seller. The terms and conditions agreed to between the Seller and the User must be set out clearly in the relevant Listing.
10.2 For disputes between Users and Sellers, we encourage Parties to attempt to resolve disputes (including claims for returns or refunds) with the other Party directly and in good faith, either on the Platform or through external communication methods. In the event that a dispute cannot be resolved through these means, the Parties may choose to resolve the dispute in any manner agreed between the Parties or otherwise in accordance with applicable laws.
10.3 This clause will survive the termination or expiry of these Terms.
11 Intellectual Property
11.1 All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Platform, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.
11.2 We authorise you to use Our Intellectual Property solely for the purposes for which it was intended to be used.
11.3 You must not, without our prior written consent:
(a) copy, in whole or in part, any of Our Intellectual Property;
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
(c) breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.
11.4 Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:
(a) you do not assert that you are the owner of Our Intellectual Property;
(b) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
(c) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
(d) you comply with all other terms of these Terms.
11.5 This clause will survive the termination or expiry of these Terms.
12 Content you upload
12.1 You may be permitted to post, upload, publish, submit or transmit relevant information and content including images or videos (User Content) on the Platform.
12.2 If you make any User Content available on or through the Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Platform and our social media platforms.
12.3 You agree that you are solely responsible for all User Content that you make available on or through the Platform. You represent and warrant that:
(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform (including on social media) will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
12.4 We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
12.5 This clause will survive the termination or expiry of these Terms.
13 Warranties
13.1 You represent, warrant and agree that:
(a) you will not use our Platform, including Our Intellectual Property, in any way that competes with our business;
(b) there are no legal restrictions preventing you from entering into these Terms;
(c) all information and documentation that you provide to us in connection with these Terms is true, correct and complete;
(d) where you are a Seller, you are responsible for complying with all laws, rules and regulations which apply to providing the goods and services in your Seller Listings;
(e) where you are a Seller, you are appropriately qualified, and have any required skills, knowledge or training, to provide the goods and services; and
(f) where you are a Seller, you are solely responsible for determining which projects to accept, the type, timing, manner and means, methods or processes of providing your goods and services, the price you charge for goods and services. You are not our employee and are not entitled to any employment benefits. We do not supervise, direct or control any of the goods and services you offer. We do not set your fees, work hours, your schedule or your location. We do not provide you with training, equipment or tools or any materials to provide your goods and services. You are responsible for any taxes payable on any fee you receive for your goods and services.
14 Consumer Law
14.1 Subject to any rights you may have under New Zealand consumer laws, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
14.2 If you are a business using our Platform, you agree and represent that you are using our Platform for the purpose of trade, and we and you both agree that:
(a) the Consumer Guarantees Act 1993 and sections 9, 12A and 13 of the Fair Trading Act 1986 do not apply to the Unixmo Services and these Terms; and
(b) it is fair and reasonable that we and you are both bound by these Terms, including this clause.
14.3 As a User, the goods and services provided by a Seller may also confer on you certain rights under New Zealand consumer laws.
14.4 This clause will survive the termination or expiry of these Terms.
15 Limitations on liability
15.1 To the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:
(a) any aspect of the User and Seller interaction including the goods and services offered by the Seller, the description of the goods and services requested or offered, any advice provided, the performance of services or supply and delivery of goods.
15.2 Despite anything to the contrary, to the maximum extent permitted by law:
(a) neither Party will be liable for Consequential Loss;
(b) each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party or any of that Party’s personnel, including any failure by that party to mitigate its losses; and
(c) our aggregate liability for any Liability arising from or in connection with these Terms will be limited to the Fees paid by you to us in the 12 months immediately preceding the act, event or omission giving rise to the Liability (and where there has been less than 12 months of Fees paid, an amount equal to 12 months of Fees calculated on a pro rata basis having regard to the amount of Fees paid and the period of time). If you have not paid any Fees in the 12 months immediately preceding the act, event or omission giving rise to the Liability, then our total aggregate liability to you shall be limited to NZD$500.
15.3 This clause will survive the termination or expiry of these Terms.
16 Termination
16.1 Your Account and these Terms may be terminated by you at any time, using the ‘cancel Account’ functionality (or similar) in the Account page section of your Account settings. Your cancellation will take effect from the end of the minimum period as set out in your Account.
16.2 These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:
(a) the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
(b) the Defaulting Party is unable to pay its debts as they fall due.
16.3 Should we suspect that you are in breach of these Terms, we may suspend your Account while we investigate the suspected breach. If appropriate and in our sole discretion we may keep your account suspended during the notice period of 14.2(a) until you have rectified the breach or your account is terminated.
16.4 Upon expiry or termination of these Terms:
(a) all live Seller Listings will be downgraded to the free version of the Platform; and
(b) subject to clause 16.4(a), we will immediately cease providing the Unixmo Services;
(c) where we terminate the Terms as a result of your unrectified default, you also agree to pay us our reasonable additional costs directly arising from such termination, including recovery fees.
16.5 Where termination is due to our breach of these Terms, we agree to refund you for any prepaid unused Fees on a pro-rata basis.
16.6 Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.
16.7 This clause will survive the termination or expiry of these Terms.
17 General
17.1 Assignment: Subject to the below clause, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
17.2 Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.
17.3 Confidentiality: Other than where the disclosure is permitted by law, each Party agrees not to disclose any confidential information it may access on or through the Platform to a third party, or otherwise misuse such confidential information. Confidential information may include confidential information supplied to you by us, by a User, or by a Seller.
17.4 Disputes: In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) between a User and us, or a Seller and us, a Party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the New Zealand Disputes Resolution Centre to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
17.5 Entire Terms: These Terms contains the entire understanding between us and the Users and us and the Buyers and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.
17.6 Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notifies the other party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations, and uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.
17.7 Further assurance: Each Party must promptly do all things and execute all further instruments necessary to give full force and effect to these Terms and their obligations under it.
17.8 Governing law: These Terms are governed by the laws of New Zealand. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New Zealand and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
17.9 Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
17.10 Publicity: You agree that we may advertise or publicise the broad nature of our supply of the Unixmo Services to you, including on our website or in our promotional material.
17.11 Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.
17.12 Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
17.13 Third party sites: The Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Platform, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform (Affiliate Link) or for featuring certain products or services on the Platform. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Platform, or which (if any) third party links are Affiliate Links.
18 Definitions
18.1 Consequential Loss means, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise; any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Terms as the probable results of the relevant breach, act or omission, and/or, any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data. The Parties agree that your obligation to pay us the Fee under these Terms will not constitute “Consequential Loss”.
18.2 Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control.
18.3 Fees means the fees charged by us to you for your use of the Platform, and includes the Package Fees and the Job Posting Price.
18.4 Intellectual Property means any and all existing and future rights throughout the world conferred by statute, common law, equity or any corresponding law in relation to any copyright, designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing, whether or not registered or registrable.
18.5 Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
18.6 Recruiters means any Sellers who are listing Job Postings on the Platform for the purposes of looking to recruit candidates for job vacancies.
18.7 User Content means any content uploaded by any user of the Platform, including Users, Buyers and Sellers.
For any questions or notices, please contact us at:
Unixmo Limited (NZBN 9429041607510)