FoxyHub TERMS & CONDITIONS
It will take only a few minutes to read the FoxyHub Terms & Conditions. It is important that you understand the Terms & Conditions before you become a member, a Buyer or a Seller on this Site. For further useful information go to our Help Centre.
THIS AGREEMENT
This Agreement is a legal and binding document. It sets out your rights and obligations, and your legal relationship with FoxyHub Ltd , New Zealand, (“FoxyHub”, “we” “us” “our”). Registration with FoxyHub is free, but by registering to become a Member (“member” “you” “your”) you agree to abide by these Terms & Conditions, and every time you visit the FoxyHub website and use the services of FoxyHub, you re-affirm that Agreement.
1. DEFINITIONS
The following expressions used in this Agreement have these meanings:
- “Address verified” means that FoxyHub has established that the postal address supplied by a member has been confirmed as legitimate.
- “Agreement” means the contract formed by each member, incorporating these Terms & Conditions and us.
- “Auction Only” means an item to be sold using the general auction format.
- “Authenticated user” means a member who has topped up their account by credit card (minimum $10) and is thereby known to FoxyHub as a serious trader.
- “Bidder” means a person who bids for an item or places an order for an item under these Terms & Conditions.
- "Buy Now” means an item is for sale at a minimum or fixed price above the Seller’s reserve price.
- “Buyer” as it applies to a general auction means a member who places the highest bid for an item listed for sale.
- “Conditions” means these Terms & Conditions as they exist and as they may be amended from time to time according to Section 2.3, below.
- “Force majeure” FoxyHub accepts no liability for lack of performance, availability of the Site, or conformity to these Terms & Conditions where the event is reasonably beyond the control of FoxyHub.
- “General auction” means a transaction on the FoxyHub Site in which a Seller posts an item for sale, a Bidder makes a bid, and by placing the highest bid becomes a Buyer.
- “Item” “Items”, also referred to as “Listings”, means the objects, property or services listed for sale or for purchase on the Site by a member according to these Terms & Conditions.
- “Listing” “Listings” means the descriptions of objects, property or services listed for sale or for purchase on the Site by a member according to these Terms & Conditions.
- “Member” means a person, including you, who visits or uses the Site for the purpose of Selling, Buying, Bidding and otherwise using the services made available on the FoxyHub Site.
- “No waiver” If FoxyHub chooses not to exercise or enforce any of the provisions available to us under this Agreement this will not constitute a waiver of those rights.
- “Parties” means the Seller and the successful Bidder in a general auction and the Buyer and Seller in any other form of sale made through this Site.
- “Posting” means lodging an item description on the Site for a general auction, for fixed price sale or as classified advertising, for the purpose of selling the item.
- “Reserve price” means the lowest price at which the Seller will sell.
- “Seller” as it applies to a general auction means a member posting an item for sale.
- “Site” means the FoxyHub website with the URL of www.foxyhub.com, together with any other websites it may create from time to time.
- “Store” means that a Member with high volume sales and consistent positive feedback may apply for Store status that will be indicated by an icon on their postings.
- “Transaction” means the contract formed between the Parties (and for the sake of clarity at no time includes FoxyHub as a Party).
- “User” “Users” mean members who actively participate on the FoxyHub Site.
- “User Agreement Application” means the form provided on-line by FoxyHub to be completed by applicants for membership.
2. MEMBERSHIP
2.1 Qualification for membership
To be eligible for membership in FoxyHub, you must not:
2.1.1 Be under 18 years of age
2.1.2 Be an undischarged bankrupt
2.1.3 Be in partnership or in a group with any member who is not eligible for membership in FoxyHub
2.1.4 Be a person whose property is under the control of a receiver or liquidator
2.1.5 Be a company that is in liquidation, administration, receivership or other external control not consistent with the normal control exercised by the Board of Directors or trading when insolvent.
2.2 Conditions of membership
2.2.1 Membership is free and non-transferable. Membership details, including User ID, password, and transaction history may not be sold or transferred to another party.
2.2.2 To enter into any transaction, you must be legally able to enter into contracts for sale or purchase of the posted items and have provided your true name, your postal address and a valid email address to FoxyHub. Members are solely responsible for the quality of information submitted in their User Agreement Application and must keep this information up-to-date.
2.3 Revision of Terms & Conditions
2.3.1 FoxyHub may from time to time revise the Terms & Conditions, rules, policies or procedures without prior notice. When revisions are made, members will be notified by email and by the posting of an announcement in the forum discussion board, Site Announcements. Continued use of the Site subsequent to such announcement being made will constitute evidence that you agree to and accept the revised Terms & Conditions.
2.4 Rights reserved
2.4.1 At its sole discretion, FoxyHub has the right to refuse, cancel, or suspend temporarily or indefinitely, FoxyHub membership.
2.4.2 When a member knowingly and/or repeatedly breaches these Terms & Conditions, membership will be terminated and access to the Site denied.
2.4.3 Full access to the Site will be suspended if your account has a negative balance. A balance of $0.00 or greater ensures access.
2.4.4 FoxyHub will remove from the Site without notice to Buyers or Sellers any Listing where that Listing is on our Prohibited Listings page (as it is updated from time to time) or where the sale of the item may be illegal under New Zealand law.
2.4.5 FoxyHub may contact members from time to time with news about special offers and other information that may be of interest to members.
2.5 Acceptance of Terms & Conditions
2.5.1 By completing the User Agreement Application attached to these Terms & Conditions, you acknowledge that you have read and understood these Terms & Conditions and agree to abide by them on every occasion when you access the FoxyHub Site.
2.5.2 These Terms & Conditions may be varied and you agree to be bound by such variations as may be posted in the forum discussion board, Site Announcements, from time to time. You warrant that you are eligible for membership according to Section 2 above.
2.5.3 These Terms & Conditions represent the whole Agreement in respect of the listing, sale and purchase of Items on this Site and over-ride any contrary terms that may be found on this Site.
2.5.4 These Terms & Conditions shall be governed and interpreted by the laws of the State of Queensland, New Zealand, and by any applicable New Zealand national law.
2.6 Termination by member
2.6.1 You may terminate your membership at any time by using the facility provided on the My Account page. FoxyHub will acknowledge your termination by email. if you have an account credit of $5.00 or more you will receive a refund by cheque.
3. PRIVACY
Your privacy is important to FoxyHub. FoxyHub has created a Privacy Policy to assure you of our commitment to protecting your privacy. It forms part of these Terms & Conditions and you must acknowledge that you have read and understood this policy.
3.1 Personal information about you and/or your transactions will be fully encrypted and it will never knowingly be released to any outside persons. We do not pass on, rent or sell your personal data to third parties. For more information, read our
Privacy Policy. Access by members to the Site may only by obtained by use of the member’s password. You undertake to keep your password confidential and not to permit its use by another person. You must accept full responsibility for all transactions carried out under your ID and password.
4. INTELLECTUAL PROPERTY
4.1 All content of and materials provided on this Site, including but not limited to documents, images, graphics, logos, auctions, and services are copyright to FoxyHub and/or participating members and/or associates and may not be mechanically copied, reproduced, displayed or transmitted in any form whatsoever without the written permission of FoxyHub and/or the participating member or associate.
5. SERVICES
5.1 The FoxyHub Site provides a venue for members to carry out transactions in respect of Items or services bought and sold on the Site.
5.2 Every Seller is responsible for ensuring that the item is in his or her possession and that he/she has the legal right to offer the item for sale.
6. ROLE OF FoxyHub
6.1 Not an auctioneer
FoxyHub is not an "auctioneer" in the legal sense of the term, notwithstanding that "online auction" is commonly used to describe this and similar sites. On this Site, FoxyHub uses the term "auction" to apply to one of the services it offers and carries out.
6.2 No warranty for Items offered
FoxyHub expressly declares that we have not sighted or examined the Items listed for sale on the Site by Sellers and accepts no liability whatsoever for the condition, quantity, quality, safety or suitability for purpose of the items.
6.3 No warranty of completion of sale
FoxyHub expressly declares that we have no control over the outcome of any transaction between members and cannot guarantee the completion of any contract of sale entered into by the parties.
6.4 No warranty for loss
FoxyHub expressly declares that we have no liability for financial loss to members as a result of their transactions on this Site.
6.5 No warranty of authenticity of members
FoxyHub expressly declares that it is reliant on information provided by members and does not confirm such information. Members are warned to exercise caution in entering into transactions with members not known to them
6.6 No warranty in regards to feedback
FoxyHub expressly declares that it has no control over feedback provided on this Site and does not guarantee the authenticity or reliability of the postings.
6.7 Indemnification for FoxyHub
When a dispute arises between members from any use of this Site or its services, the member or members shall indemnify FoxyHub against all liabilities, claims, demands and damages of any nature.
6.8 Force Majeure
FoxyHub accepts no liability for an extraordinary event or circumstance beyond our control, such as system failure or human error or any other condition known as force majeure.
6.9 Costs of Litigation
In the event that a dispute between members is referred to an arbitrator, court of law or any other such authority and FoxyHub is sought or required to give evidence, FoxyHub will be entitled to claim from the member or members involved its actual costs including legal, litigation, and other costs in relation to the dispute.
7. MEMBER CONDUCT
7.1 Members are prohibited from:
7.1.1 Posting of any Listing that violates international, national, state or local laws or regulations.
7.1.2 Posting any Listing or transmitting any material that causes or could cause or result in any offence, damage, danger, liability or criminal behaviour.
7.1.3 Engaging in any conduct that could cause FoxyHub to unwittingly contravene the law or bring FoxyHub into disrepute.
7.1.4 Infringing the patent, copyright, trademark, design, right of publicity, or other intellectual property or proprietary rights of the legal holder of these rights.
7.1.5 Offering for sale stolen, counterfeit or false replica goods or falsifying of insurance claims.
7.1.6 Engaging in any fraudulent, counterfeit or other unlawful activity in relation to this Site or any listing.
7.1.7 Supplying any objectionable, false, libellous, defamatory, fraudulent, deceptive, erroneous information or material of any kind.
7.1.8 Posting Prohibited Listings listed on the Site and updated from time to time.
7.1.9 Falsifying your identity or the origin of any transmission related to a transaction.
7.1.10 Engaging in the making or receiving of chain letters, pyramid selling and/or gambling schemes.
7.1.11 Misusing the ‘send to a friend’ feature on the Site for spamming or for distribution of information not connected with a FoxyHub transaction.
7.1.12 Selling direct to Bidders identified through FoxyHub and its services for the purpose of avoidance of compliance with these Terms & Conditions.
7.1.13 Manipulation of the bidding process by artificial bidding by associates known to the Seller, Seller bidding, false identity bidding, insider trading or unauthorised links by URL or email address in the listing.
7.1.14 Posting with low selling price for the item, but with inflated delivery charges and/or unlawful additional charges purporting to be for tax or other costs.
7.1.15 Modifying, copying, transferring, selling, or exploiting the contents of the Site using any device now existing or yet to be invented for the purpose of illegal access to and use of the format and contents of the Site.
7.1.16 Engaging in any conduct prohibited under this Agreement.
7.2 Members further agree
7.2.1 To co-operate fully with FoxyHub in the investigation of any alleged prohibited conduct by a member or members or any other claims made against FoxyHub
in relation to the Site.
7.2.2 To immediately advise FoxyHub of any conduct on the part of any member that breaches these Terms & Conditions.
7.2.3 That in the event of a member engaging in prohibited or illegal conduct, FoxyHub has the right to remove immediately any offending material from the Site.
7.2.4 To report any alleged illegal conduct to the Police or to other appropriate authority.
8. HOW FoxyHub FUNCTIONS
8.1 Transactions and member Obligations
8.1.1 All sales on the FoxyHub Site are by online Auction, by the Buy Now service, Classified or display advertisements
8.1.2 Sellers must fully and honestly complete the description of Items, their location, a realistic reserve price in the case of an online Auction and/or a firm price for Buy Now, together with an opening and closing date and time for the auction and (wherever possible) a scanned/digital photograph.
8.1.3 All dates and times listed are New Zealand Eastern Standard Time (EST).
8.1.4 By posting Listings, the Seller warrants that he/she is legally entitled to sell the item listed; that the item is unencumbered and in good working order in accordance with the listed description; and that the photograph supplied is a fair and reasonable likeness of the item.
8.1.5 A Seller may withdraw a listed Item from an auction before bidding has commenced and in other limited circumstances spelled out in our Help Centre.
8.1.6 A Buyer may apply to withdraw from the auction up until one hour before the closing time of the auction and in other limited circumstances spelled out in our Help Centre
8.1.7 All transactions, bids and fees quoted on this Site will be expressed and transacted in New Zealand dollars.
8.1.8 Where GST is applicable, all fees, prices, bids and costs such as delivery charges will be GST inclusive under the relevant New Zealand Tax laws.
8.1.9 Bidders may only bid online in accordance with the FoxyHub format.
8.1.10 During an auction, when the reserve price is reached, an icon will appear on the listing.
8.1.11 At the close of the auction, the Bidder who has bid the highest price is declared to have won the auction.
8.1.12 The successful Bidder will be advised by email with details for contacting the Seller.
9. FEES
9.1 General
9.1.1 Fees are applicable on all successful transactions made by members on the FoxyHub Site, on certain listing enhancements, and when a member registers as a Store. There is no success fee for sales in the categories of vehicles, jobs, and properties.
9.1.2 In order to undertake a transaction on FoxyHub, you must have an account balance of $0.00 or greater.
9.1.2 FoxyHub reserves the right to review and amend fees at its sole discretion. Members will be advised of any change by email and by a posting in the forum discussion board, Site Announcements. Amended charges will apply from the time of posting of this announcement. Further details can be found in our Help Centre.
9.1.3 A summary of Current FoxyHub Fees appears at the end of these Terms & Conditions.
9.2 Invoicing, payments and credits
9.2.1 All transactions on the FoxyHub Site are GST inclusive, where GST is applicable.
9.2.2 No interest is payable by FoxyHub on credit balances held on behalf of members.
9.3 Online Auction and Buy Now
9.3.1 At the close of the auction, if you have made the highest bid, FoxyHub will advise you of your success by email.
9.3.2 As soon as possible, you must email the Seller in order to complete the purchase transaction, providing the Seller with your name, address, method of payment, method of dispatch, insurance (if required) and any other contact details applicable.
10. REWARDS POINTS
10.1 Rewards are awarded and calculated as points: 10 points equals one FoxyHub “dollar” expressed as “EZ$”.
10.2 Rewards points can be accumulated as follows:
10.2.1 Referring a friend to FoxyHub (5 points per sign up);
10.2.2 Having your address verified (5 points).
10.2.3 Buying an Item and placing feedback on the Seller (1 point);
10.2.4 Selling an Item on FoxyHub (1 point).
10.3 Rewards points are deducted as follows:
10.3.1 Selling an Item and receiving negative feedback (lose 1 point).
10.3.2 Bidding for an Item and requesting to have the bid removed (lose 1 point).
10.4 FoxyHub dollars can be used only on the FoxyHub Site and have no cash redemption value. FoxyHub reserves the right at its sole discretion to review and amend the rules relating to rewards points. Members will be advised of any changes via email and by a posting in our forum discussion board, Site Announcements. Changes are effective from the time of such posting.
11. INTERACTION WITH OTHER MEMBERS
11.1 Ratings and comments
FoxyHub provides facilities for you to make comments and rate Sellers on a three-point rating (positive, neutral, negative), reflecting your own experience only of the Seller’s trading performance. Misuse or manipulation of the rating and comments channel may lead to suspension or termination of membership.
11.2 Messages and forum boards
11.2.1 FoxyHub also provides facilities for members to participate in message and forum boards.
11.2.2 You agree to put genuine comments only and not to cause harm to any person or company by the content of your postings.
11.2.3 All official notices, including changes to these Terms & Conditions, amendments to fees and other important member information will be posted in our forum discussion board, Site Announcements.
11.3 Specific disclaimer
11.3.1 The postings on this Site are not mediated and the views expressed are those of the submitting members, not of FoxyHub. FoxyHub specifically assumes no liability or responsibility for any messages or communications posted on or sent through this Site.
12. INDEMNITY
12.1 FoxyHub is not directly involved in any transaction and consequentially we cannot guarantee the legality, quality or safety of Items sold or bought on this Site.
12.2 The Buyer must assume full responsibility for the accuracy of Seller statements, the quality, condition, suitability, safety, and/or completeness of any Listing offered for Sale on this Site.
12.3 FoxyHub hereby disclaims all expressed or implied representations, warranties, guarantees or conditions .in relation to any item offered for sale on this Site.
12.4 As a member, you agree to release FoxyHub Pty Ltd, its directors, employees, agents and representatives from any claim, damages, demands, proceedings or costs of any kind, including reasonable legal and litigation costs in relation to your use of this Site and/or any of its services. Your indemnification of FoxyHub applies to all matters arising from your membership and use of our services, including but not limited to your inability to use this Site, violation or infringement of these Terms & Conditions, violation of the law, of intellectual property rights, or any dispute whatsoever that arises with a third party.
13. MISCELLANEOUS
13.1 FoxyHub uses “cookies”, small bits of information that are stored on your computer hard drive and enable us to personalise your visits to this Site.
13.2 FoxyHub offers an “address verified” service under which the postal address is tested by us to confirm that the address provided by the member in the User Agreement Application is valid.
13.3 FoxyHub is reliant on the honesty and good faith of persons applying for membership and members covenant to hold FoxyHub harmless from any legal or other action against FoxyHub as a result of reliance on member addresses provided on this Site.
13.4 Auto-bid is a service provided by FoxyHub, by which you nominate an Item you wish to bid on, together with the maximum price you wish to pay. Bids will automatically progress in accordance with the value of the auction as follows: $1000 or lower = $1 increment; $1000 to $10,000 = $10 increment; $10,000+ = $100 increment. FoxyHub uses its best endeavours to provide this service. The Buyer agrees to hold FoxyHub harmless from any legal or other action pertaining this service against FoxyHub Ltd, its directors, employees or representatives.
You must also read and accept:
- The schedule of current fees, here.
- FoxyHub's Privacy Policy, here.
