Terms and Conditions
These terms and conditions are the contract between you and Humbugaa Limited (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.
Humbugaa is a trade name of Humbugaa Limited, a company number incorporated in New Zealand, whose registered address] is at 41 Alexandra Rd, Hataitai, Wellington.
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website and stop using Our Website or the Services immediately.
It is now agreed as follows:
In this agreement, the following words shall have the following meanings, unless the context requires otherwise:
“Content” means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you;
“Auctions” include listings with a ‘buy now’ only price.
“Item” or “items” means an art work or event that may be offered, bought, or sold through the auction;
“Work” or “Works” refers to any item listed on the online gallery;
“Member” means a registered member of Humbugaa, both free and paid;
“Services” means any one or more of the services offered by Humbugaa Limited including the listing of Work
“We”, “us” and “Our” are a reference to Humbugaa Limited;
“You” and “Your” are a reference to you;
“Listing” means a listing on the Website through which you offer, negotiate, buy, sell or advertise any item;
“Buyer” includes any person who pays for any Service, Work, or Event
“Seller” includes any person placing a listing.
“Event” May include workshops, talks, visits, or any other experience whether paid or free;
“Humbugaa Membership” means any service we provide, whether through Our Website or otherwise. It includes the membership service we provide as set out on Our Website and in this contract.
Services” means all of the services available from Our Website, whether free or charged.
“Our Website” means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us. It includes all web pages controlled by us.
2. Specific Warnings
- The Services: Humbugaa provides a venue to introduce members who want to buy and sell items or to run and attend events. Humbugaa does not take any part in the sale of items or organization of events other than by providing our Website as a venue for members. If a bid is accepted 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. As a result, even though some of the Services are being referred to as an auction, Humbugaa is not an auctioneer (whether under the Auctioneers Act 2013 or otherwise).
- At your own risk: Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that Humbugaa 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. Humbugaa gives no undertakings, representations, or warranties in relation to items sold or listed on the Website, including:
- about ownership of any item;
- as to the content, safety, description, worthiness, quality, or legality of the items listed on the Website;
- as to the accuracy or truth of listings;
- that any item, or Member Service listed in the Services Category, will meet your requirements or expectations; or
- about the ability of members to complete a transaction, including credit card transactions.
- Disclaimer: You expressly understand and agree that:
- your use of the Services is at your sole risk. The Website and Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law and without limiting clause 2.2, Humbugaa 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;
- where Member Services are offered in the Services Category, Humbugaa 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;
- Humbugaa 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 or reliable;
- no advice or information that is obtained by you from Humbugaa or anyone else shall create any warranty by Humbugaa that is not expressly stated in the terms and conditions; and
- while Humbugaa may facilitate payment for some items by credit card, Humbugaa is in no way involved in the transaction itself, and responsibility for any refund rests with the seller.
- while Humbugaa has systems in place to reduce the risk of credit card fraud, Humbugaa is not responsible for protecting members from credit card fraud. Humbugaa’s fraud protection systems may from time to time block legitimate credit card payments. In these cases payment will need to be made by other means.
- Breach: Without limiting any other rights and remedies available to Humbugaa, Humbugaa may limit your activities on the Website, remove your bids, 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, in particular, your obligations under Clause 4, or where Humbugaa considers it appropriate.
3. Our contract
- These terms and conditions regulate the business relationship between you and us. By buying Humbugaa Full or Free Membership, or using Our Website free of charge, you agree to be bound by them.
- We do not offer the Services in all countries. We may refuse to provide the Services if you live in a country we do not serve.
- In entering into this contract you have not relied on any representation or information from any source except the definition and explanation of the Services given on Our Website.
- Subject to these terms and conditions, we agree to provide to you some or all of the Services described on Our Website at the prices we charge from time to time.
- Our contract with you and licence to you last for one year from the date of start / payment. Any continuation by us or by you after the expiry of one year is a new contract under the terms then posted on Our Website. Your continued use of our Services after that shall be deemed acceptance by you of the changed Service, system and/or terms.
- The contract between us comes into existence when we receive payment from you for a Service.
- If we give you free access to a Service or feature on Our Website which is normally a charged feature, and that Service or feature is usually subject to additional contractual terms, you now agree that you will abide by those terms.
- We may change this agreement in any way at any time. The version applicable to your contract is the version which was posted on Our Website at the time that the contract was made.
4. Your account and personal information
- When you visit Our Website, you accept responsibility for any action done by any person in your name or under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
- You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
- You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.
- Details of the cost and benefits of Full and Free Membership are as set out on Our Website from time to time.
- Payment for a Humbugaa Full Membership is for one year. At least four weeks before expiry of that period we shall send you a message to your last known email address to tell you that your membership is shortly to expire and inviting you to renew. An invoice for a new period of Humbugaa Full Membership will be included.
- At any time before expiry of your Humbugaa Full Membership, you may use the “My Account” tab on Our Website to access your personal information and change your renewal membership status or cancel renewal.
- At expiry of your Humbugaa Full Membership we shall automatically take payment from your credit card of the sum specified on the invoice sent earlier and shall confirm the renewal of your Humbugaa Full Membership for a further period.
- Termination of this agreement by you or us at any time for any reason will not entitle you to a refund of monies paid.
- You may not transfer your Humbugaa Membership to any other person.
- We reserve the right to modify the Humbugaa Membership rules or system and to change the terms and conditions of this agreement at any time, without notice. Your continued use of the Humbugaa Full Membership after such modifications shall be deemed an acceptance by you to be bound by the terms of the modified agreement. The terms that apply to you are those posted here on Our Website on the day you join as a member.
6. Your obligations as a seller
- You will only enter listings that are accurate, current, complete, and include all relevant information about the terms of sale, payment terms, shipping methods and who bears the cost of shipment.
- You will only place listings for items that exist, are to be sold, and that you are legally entitled to sell. You will only list items that are in your possession, except where Humbugaa has approved otherwise in writing.
- You must ensure you hold the copyright or are otherwise licensed to use any images you add to your listings.
- You must not manipulate prices through shill-bidding or assuming multiple roles in a single transaction.
- For auctions, you must sell to the highest bidder if the reserve price is met. You must only sell to a bidder who is not the highest bidder after reasonable attempts have been made to contact the winning bidder without success.
- You agree to your email address being provided to the buyer when your auction closes.
- You must promptly forward the listed item to the successful buyer on completion of the transaction.
- You must not charge unreasonable amounts for shipping and packaging costs.
7. Your obligations as a buyer
- Your bids are not retractable once the auction has closed. You must only place a bid if you intend to buy the relevant item at the bid price entered. Reasonable allowances should be made for postage where applicable.
- If you are notified that your bid has been successful, you must complete the transaction in the manner specified. By making a bid, you warrant and represent that you have the legal right to enter into and complete the transaction.
- You must make full and prompt payment for any item you buy.
- You agree to your username and the amount of your bid being publicly shown on the Humbugaa Website. You also agree to your email and delivery address being provided to the seller when you win an auction, and to your email address and username being provided if you send an email through a classified.
- If your bid is successful and you do not pay for the item, you will receive a warning from Humbugaa if the seller complains about you. After 3 such complaints, Humbugaa may suspend or terminate your membership.
- You may not bid on an auction that has been listed by a family member, flatmate, friend or any member that is personally known to you, only in order to raise the price of that auction.
- The price payable for Services that you order is clearly set out on Our Website.
- The price charged for any Service may differ from one country to another. You may not be entitled to the lowest price unless you reside in the qualifying country.
- Prices are inclusive of any applicable goods and services tax or other sales tax.
- Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than New Zealand dollar will be borne by you.
- Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
- You will pay all sums due to us under this agreement by the means specified without any set-off, deduction or counterclaim.
- All monies paid by you to us are non-refundable and cancellation and/or termination of this agreement by you or us at any time for any reason will not entitle you to a refund of monies paid.
- If, by mistake, we have under-priced a Service, we will not be liable to supply that Service to you at the stated price, provided that we notify you before we provide it to you.
9. General Rules
- All listings, bids or communications made through Humbugaa shall be made in good faith.
- You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so.
- You may not use a robot, spider, scraper or other unauthorised automated means to access the Website or information featured on it for any purpose.
- You shall not list your email address, phone number or any other contact detail within the description of listings, listing comments and/or questions, in your member profile, or in the Humbugaa message boards.
- You must list auctions and classifieds in New Zealand dollars and include GST in the price. All tax obligations are the responsibility of the seller and/or the buyer (as the parties determine).
- You must not complete a transaction on behalf of a non-member. Attempts by you to on-sell membership benefits without written permission from Humbugaa may result in Humbugaa suspending or terminating your membership at the discretion of Humbugaa.
- You are responsible for any actions taken through your membership. Humbugaa memberships are not transferable and therefore cannot be sold, leased, lent or traded without specific written authorisation from Humbugaa.
10. How we handle your Content
- If you Post Content to any public area of Our Website it becomes available in the public domains. We have no control who sees it or what anyone does with it.
- Even if access to your text and images are behind a user registration they remain effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
- Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
- You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
- You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
- Please notify us of any security breach or unauthorised use of your account.
11. Removal of offensive Content
- For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
- We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
- If you are offended by any Content, the following procedure applies:
- your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email;
- we shall remove the offending Content as soon as we are reasonably able;
- after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
- we may re-instate the Content about which you have complained or not.
- In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
- You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
12. Security of Our Website
If you violate Our Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
- modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it;
- link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
- collect or use any product listings, descriptions, or prices;
- collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
- aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
- for any purpose use our name, any proprietary information (including images, text, page layout, or form) of ours or of our affiliates in any way and in particular to entice search robots to some other website;
- share with a third party any login credentials to Our Website;
- despite the above terms, we now grant a licence to you to copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.
- The law differs from one country to another. This paragraph applies so far as the applicable law allows.
- All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
- The Humbugaa Website and Humbugaa Services are provided “as is”. We make no representation or warranty that the Services will be:
- useful to you;
- of satisfactory quality;
- fit for a particular purpose;
- available or accessible, without interruption, or without error.
- Neither use of the Services nor the exercise of any right granted under this agreement will infringe any other intellectual property or other rights of any other person.
- Our Website contains links to other Internet websites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
- We are not liable in any circumstances for special, indirect or consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website.
- We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website or receive directly from a third party as a result of an introduction via Our Website.
14. Duration and termination
- You may terminate this agreement at any time, for any reason, with immediate effect. You may terminate the agreement either by sending notice to us by post or email, or by completing the form on the Web Site and submitting it. We reserve the right to check the validity of any request to terminate membership.
- We may terminate this agreement at any time, for any reason, with immediate effect by sending you notice to that effect by post or e-mail.
- Termination by either party shall have the following effects:
- your right to use the Services immediately ceases;
- we are under no obligation to forward any unread or unsent messages to you or any third party.
- There shall be no re-imbursement or credit if the Service is terminated due to your breach of the terms of this agreement.
- We retain the right, at our sole discretion, to terminate any and all parts of the Services provided to you, without refunding to you any fees paid if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.
15. Storage of data
- We assume no responsibility for the deletion or failure to store or deliver email or other messages.
- We may, from time to time, set a limit on the number of messages you may send, store, or receive through the Service. We may delete messages in excess of that limit. We shall give you notice of any change to your limit, except in an emergency.
- You accept that we cannot be liable to you for any such deletion or failure to deliver to you.
16. Interruption to Services
- If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we think the down time is such as to justify telling you.
- You acknowledge that the Services may also be interrupted for many reasons beyond our control.
- You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.
17. Limitation of liability
- Our total liability to you, for any one event or series of related events, and whether in contract, tort, negligence, breach of statutory duty or otherwise, shall be $1,000 in aggregate.
- Neither party shall be liable to the other in any possible way, for any loss or expense which is:
- indirect or consequential loss; or
- economic loss or other loss of turnover, profits, business or goodwill.
- This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.
- Nothing in this agreement excludes liability for death or personal injury or for a party’s fraud.
You agree to indemnify us against any loss, damage or liability, suffered by us at any time and arising out of:
- any act, neglect or default of yours in connection with this agreement or your use of the Services;
- your breach of this agreement;
- your failure to comply with any law;
- any act, neglect or default by any agent, employee, licensee or customer of yours;
- a contractual claim arising from your use of the Services.
19. Miscellaneous matters
- If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
- The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
- If you are in breach of any term of this agreement, we may:
- publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
- terminate your account and refuse access to Our Website;
- remove or edit Content, or cancel any order at our discretion;
- issue a claim in any court.
- Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
- No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
- Any communication to be served on either of the parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.It shall be deemed to have been delivered:
- if delivered by hand: on the day of delivery;
- if sent by post to the correct address: within 72 hours of posting;
- If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
- In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
- This agreement does not give any right to any third party.
- Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control, including any labour dispute between a party and its employees.
- The validity, construction and performance of this agreement shall be governed by the laws of New Zealand.