NZHX Terms of Use

The following are the terms on which NZHX (New Zealand Honey Exchange) offers you access to its online honey trading service (nzhx.co.nz).

  1. Terminology in these terms and conditions:
    ‘honey’ refers to any monofloral, or multifloral honey or honey dew or available in the honey industry and created in New Zealand
    ‘we, ‘our’ and ‘us’ refer to NZHX
    ‘you’ and ‘your’ refer to you and any person or persons using your log-in  details.
    NZHX refers to www.nzhx.co.nz, other websites owned or run, and any other service associated with NZHX
  2. Acceptance:
    Your registration and/or use of the NZHX is only under your acceptance of these terms of use. Please do not use NZHX if you do not accept these terms.
  3. Amendments/Changes to these terms:
    NZHX may amend these terms. If this occurs, it will be effective from the time these changes are posted on the NZHX website. Any user of NZHX is responsible for ensuring they are familiar with any changes. Use of NZHX on an ongoing basis constitutes your agreement to be bound by these terms as amended.

Last update 5 September 2018

  1. A Sale:
    A sale contract occurs between a buyer a seller:
    1. when an “Offer” from a buyer is accepted by a seller for a quantity equal to or less than the available amount in any lot, or
    2. at any time when a buyer  chooses to use the ‘buy now’ feature on  a quantity equal to or less than the available amount in any lot.
      If  we are satisfied that any offer or ‘buy now’ was unauthorised or made in error, we may at our sole discretion declare any sale contract void.
      Terms of the sale contract are specified in a later section of these terms.
  2. NZHX’s Part:
    We provide an online place for members to buy and sell honey and other products associated with the honey industry in New Zealand. We also administer a bank account to facilitate payments between the buyer and the seller.
    We are not a party to any sale through NZHX. Any contract is between the buyer and the seller. NZXH only enables the transaction through our account
    We are not responsible or liable for anything a member does or does not do. Neither do we:
    1. endorse or guarantee any honey or other product or service offered through NZHX;
    2. make any representation or give any other assurance about any honey (including ownership, description, quality) or listing (including accuracy or truth), or member (including ability to complete a transaction);
    3. try to verify any information provided by any person through NZHX. The only exception to this is the NZHX Honey Grading role described in a later section;
    4. try to resolve disputes between members over particular transactions, unless we decide to do so at our sole discretion; and
    5. have authority to bind any member or make any promise or statement on behalf of any member
      We will operate NZHX as we see best in assisting members trade safely and efficiently. We are here to help, and we welcome any comment or feedback you have about NZHX and its associated services.
  3. MEMBERSHIP:
    Membership is free. But you must be a NZHX account holder to buy or sell through NZHX. You may  register as a member if  you can form a legally binding contract that is enforceable against you. For example, you must be 18 years old. By registering as a member, you warrant that you can form a legally binding contract.
    You agree that you will:
    1. comply with these terms of use and act honestly and in good faith;
    2. not try to manipulate bidding (including through false bids or multiple identities);
    3. have only one membership (unless we have agreed otherwise);
    4. keep your password secret and not let anyone use your membership log-in, except where you ask us to make a bid on your behalf . You are responsible for anything done by anyone using your membership log-in (including when we make a bid on your behalf ) and your membership is not transferable;
    5. provide complete and accurate membership details (including your email address, postal address and telephone number) and keep your membership details current;
    6. not include any of your contact details on your profile, your listings, questions and answers, feedback or elsewhere on NZHX, except where NZHX specifically provides for contact details to be provided;
    7. not use NZHX to promote any Honey or other goods or services outside of NZHX;
    8. not complete a transaction outside of the NZHX process or otherwise attempt to avoid NZHX’s commission and/or fees;
    9. only use NZHX as it is intended to be used. You may not try to circumvent our system or charging structure.
    10. not use NZHX to make any offensive, disruptive, vulgar, hostile, defamatory, unlawful or other inappropriate comment.
    11. Comply with our Terms of Sale which can be viewed at http://www.nzhx.co.nz/Terms-of-sale/ with respect to any sales and purchases of honey made via our site
      The use of NZHX is a privilege not a right. We may at any time and without notice:
    12. suspend or cancel any membership;
    13. remove any listing or any bid;
    14. bar any person from using NZHX; or
    15. take any other action we consider desirable.
  4. SELLING
    By listing honey products for sale on NZHX you agree to the terms of sale available to view here.
    As a Seller you warrant and confirm  that:
    1. the honey exists and is in your possession and control;
    2. you can legally sell the honey and any sale and purchase of the honey will be in accordance with these terms;
    3. your NZHX listing for the honey is an exclusive listing and you have not listed the honey for sale elsewhere;
    4. all pricing is in New Zealand dollars, exclusive of GST (if any);
    5. your listing is accurate, complete and not misleading. NZHX reserves the right to remove any listing that it deems unsuitable or in breach of our terms of use;
    6. your listing, the honey and its sale through NZHX does not infringe any person’s rights;
    7. you will not use NZHX to promote anything other than the honey for sale in your listing;
    8. you agree to payment through the NZHX account as outlined below;
    9. a buy now price must be added to your listing and can be altered on your listing. Buy now price remains available to all buyers until a) a buyer selects a buy now on part or all of a lot for sale or b) an offer for part or all of a lot is accepted by the seller and
    10. our site administrator may change any of your listing details (including your reserve or buy now price) on your written or verbal instruction. We may also lodge bids for purchasers under the ‘Buying’ section below.
  5. BUYING
    By bidding  for products  on NZHX you agree to the terms of sale available to view here.
    As a Buyer you warrant and confirm  that:
    1. you have the legal right to enter into and complete the transaction;
    2. your selection of ‘buy now’ or ‘make offer’ is an irrevocable offer to buy the item at the price entered. The transaction is not retractable once the ‘buy now’ has been used or ‘make offer’ has been accepted (within 72 hours of being made). You must only ‘buy now’ or ‘make offer’ if you intend to buy the relevant item at the price entered;
    3. you will promptly complete the transaction in the manner specified in the listing and required by the terms of use and
    4. any sale and purchase of honey through NZHX will be under the ‘A Sale’ section of these terms of use.
      We may purchase honey for you using your membership log-in and password where you have given us specific consent to do so in the form that we nominate. While we are acting on your behalf in doing so, you remain bound by these terms of use and you are fully responsible for anything done by us using your membership log-in.
  6. OUR FEES
    Current fees: NZHX’s fees for each transaction will be NZHX’s standard commission charges or any other fee agreed in writing with a NZHX representative at the time of listing. NZHX reserves the right to change the fees charged at any time. Current fees are listed on our website.
    When payable: Our fees are payable for obtaining an unconditional contract, and are payable on the date for settlement of the transaction without any set off or deduction.
    We can deduct our fees from the purchase price paid into the NZHX account or from any account you have with NZHX or any of its related companies.
    Interest and late payment: You will pay us interest on any unpaid or late payment calculated at the rate charged by NZHX on its overdue debtor accounts. You will also pay us any costs we incur in recovering any amount from you or enforcing our rights against you.
  7. NZHX ACCOUNT
    We administer an interest bearing deposit account for NZHX transactions.
    Under the applicable terms of sale in  these terms of use, purchasers must pay the purchase price into the NZHX account number notified by us, and we will hold and deal with those funds in accordance with those terms of sale.
  8. NZHX Taste Verified
    Honey Grader: A Honey Grader is a NZHX representative who has extensive experience in the New Zealand Honey Industry. 
    NZHX Taste Verified Listings: Our Honey Grader takes reasonable professional care in providing Taste Verified listings. If a listing is approved as “Taste Verified” then:
    1. a NZHX honey grader has personally inspected and/or tasted the listed honey; and
    2. the Honey Grader considers that the honey corresponds to the listed analysis of that honey.
  9. DISCLAIMERS AND OUR LIABILITY
    NZHX: NZHX will use its reasonable endeavours to ensure the availability of the Website, subject to any downtime required for maintenance. NZHX is provided on an ‘as is’ and ‘as available’ basis. We do not promise that NZHX will operate uninterrupted, securely or error free, or give any other specific performance guarantee relating to NZHX or its operation or use. NZHX is not liable for any system unavailability, any corruption of any data or information held by NZHX, or for any loss that is incurred because the Website is unavailable.
    Disputes: NZHX is not a party to any transaction between you and another member, and you agree not to involve NZHX in any dispute between you and another member arising from this Website, except where we have specifically agreed to be involved in a contract entered into under our ability to act on behalf of the buyer or seller.
    External links: NZHX may include ads or links to external sites. We do not control, review or endorse any advertised product or service, or the external sites. The responsibility for the content of any ad appearing on this Website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. Putting ads on the Website does not constitute NZHX’s recommendation or endorsement. Each advertiser is solely responsible for any representation in its ads.
    No warranties: No advice or information that is obtained by you from NZHX or anyone else shall create any warranty by NZHX or us that is not expressly stated in these terms of use. All warranties and representations implied by law are excluded to the extent permitted by law.
    Force majeure: We are not liable for any failure or other thing that is not reasonably foreseeable or that is outside our reasonable control.
    Our liability: You use NZHX at your own risk. We will never in any circumstances be liable to you or any other person in contract, tort, negligence, equity or in any other way for any loss or damage of any kind, arising from or in relation to your use of, or inability to use, NZHX. This includes where we act on your behalf. NZHX is not liable for any misconduct or fraud of its members.
    If for any reason we cannot rely on the above exclusion of liability, our liability to you will be limited to direct physical loss suffered by you to a maximum of $50 per transaction. In no event will we be liable to you for any loss of profit, savings, data, goodwill or business opportunity or for any indirect or consequential loss or for general or special damages.
    Indemnity: You agree to indemnify us on demand against all claims, costs (including full legal costs), losses, liabilities and demands we incur directly or indirectly as a result of your failure to comply with these terms of use, your failure to complete any transaction through NZHX under the applicable terms of sale, or the use of NZHX by you or anyone else using your membership log-in, including where we act on your behalf.
  10. INTELLECTUAL PROPERTY
    We (and our licensors or suppliers, as applicable) own all copyright and other intellectual property rights in NZHX. We reserve all our rights.
    You may not in any form or by any means copy, reproduce, modify, create derivative works from, distribute, or publicly display anything from NZHX without our (and any applicable third party’s) prior written consent.
  11. PRIVACY
    We respect your personal information and are committed to protecting your privacy in your use of NZHX. Our Privacy policy  can be viewed at http://www.nzhx.co.nz/Privacy. This Privacy Policy tells you what information we collect and what we do with it
  12. OTHER LEGAL TERMS
    1. Not an auctioneer: NZHX is not an auction site. We are not auctioneers (under the Auctioneers Act 1928 or otherwise).
    2. No waiver: Any delay or failure by us to exercise any of our rights does not constitute a waiver of that right.
    3. Contract Privity: Your agreement to these terms of use is also for the benefit of, and enforceable by, other members.
    4. Joint and several liability: Where you comprise more than one legal person, each person’s liability will be joint and several.
    5. Severability: If any part of these terms of use is held to be invalid, unenforceable or illegal for any reason, then that part shall be severed or amended to the minimum extent necessary for the balance of these terms of use to continue in full force and effect.
    6. Entire agreement: These terms of use contain everything we have agreed in relation to your use of NZHX. You cannot rely on anything else said or done by us (any of our representatives).
    7. Governing law: New Zealand law governs these terms of use and your use of NZHX. You agree to the jurisdiction of New Zealand’s Courts.

 

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