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Marine Hub Ltd Terms and Conditions
Last updated 23rd September 2014

Marine Hub is your one stop marine shop for everything marine. Our terms and conditions ensure Marine Hub is a secure and safe place for you to do business.

1.   General

The following terms used in these terms and conditions have the meanings set out below:

(a) “Member” means a registered member of Marine Hub;
(b) “Member Service(s)” means a trade or business service that has been advertised by a Marine Hub member in the Services Directory;
(c) “Services” means any one or more of the services offered by Marine Hub from time to time, including but not limited to classified advertisements, SMS alerts and any other service that Marine Hub may offer;
(d) “Services Directory” means the directory on the Marine Hub homepage where members can list services;
(e) “Listing” means a listing on the Website through which you offer, negotiate, buy, sell or advertise any item or services;
(f) “item(s) means goods or property that may be bought or sold:
(g) “seller” means any person placing a listing;
(h) “we”, “us” “our” and “Marine Hub” means Marine Hub Limited;
(i) “you” and “your” means the individual users of the Services;
(j) “Website” means any Marine Hub website through which the Services are offered.

Our terms and conditions state the terms on which Marine Hub offers you access to the Services and the Website. By registering as a member of Marine Hub you accept these terms and conditions. If you do not accept these terms and conditions, you must not use the Services provided by Marine Hub.

We may amend these terms and conditions at any time in our sole discretion. Any amendments will be effective immediately upon posting of the amended terms and conditions on the Website unless otherwise stated. You are responsible for ensuring that you are familiar with the latest terms and conditions. By continuing to use the Services you agree to be bound by the terms and conditions as amended from time to time.

2.   SPECIFIC ADVISORY

Marine Hub provides a venue to introduce members who want to buy and sell items or to advertise Member Services. Marine Hub plays no part in the sale of items apart from providing our Website as a venue for members. When a transaction is accepted by a seller, a contract of sale will be formed between the buyer and the seller directly. We do not act as an agent for either party. Marine Hub also provides a Services Directory area where members can be connected with trades people and service providers. Conditions and restrictions for using the Services Directory can be found in our Directory Services Policy.

You accept and understand that transactions and any other contact between yourself and other members is entirely at your own risk. Marine Hub takes no responsibility and has no liability in regards o any misconduct of its members. This includes, without limitation, any members that attempt to defraud you and/or that have registered under false pretences. Marine Hub gives no representations, warranties or undertakings, in relation to items listed or sold on the Website, or for Member Services advertised or offered through the Services Directory including:

(a) The ownership of any item; (b) In regards to the content, safety, description, worthiness, quality, or legality of items or Member Services that are listed on the Website;
(c) As to the truth or accuracy of listings;
(d) That a Member Service listed in the Services Directory or any item, will meet your expectations or requirements; or
(e) A member’s ability to complete a transaction.

You agree and understand that:

(a) You use the Services at your sole risk. Marine Hub provide the Website and all Services on an "as is" and "as available" basis. Marine Hub 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 to the maximum extent permitted by law and without limiting clause 2.2.
(b) Marine Hub does not warrant that:
(i) The Services provided will be secure, error free, uninterrupted or timely, or that
(ii) That any information provided on the Website is reliable or error free;
(c) Information or advice obtained from Marine Hub or anyone by you does not create any warranty by Marine Hub that is not expressly stated in the terms and conditions; and
(d) Content of advertisements appearing on the Website (including hyperlinks to advertisers' own websites) are solely the advertisers’ responsibility. The placement of advertisements on the Website does not constitute recommendation or endorsement of the advertised product or service by Marine Hub. All advertisers are solely responsible for any representation made in connection with their advertisements.
(e) In regards to Member Services offered in the Services Directory, Marine Hub 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.

By using our services you agree that, to the maximum extent permitted by law, any and all liability and responsibility of Marine Hub to you or any other person under or in connection with these terms and conditions, or in connection with the Services, this Website, another Member's acts or omissions, or your use of or inability to use, the services of this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Marine Hub'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.

You agree to release, indemnify and keep us indemnified from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction, your sale or attempted sale of an item prohibited under clause 4.2(e), or arising out of any content or item you submit, post, transmit, or make available through the Services.

Without limiting any other rights and remedies available to Marine Hub, Marine Hub may limit your activities on the Website, remove your 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 Marine Hub considers it appropriate.

In addition to the terms and conditions set out in this document, please refer to any further policies relating to the overall use of the Website. Any such policies are part of our terms and conditions. A breach of any condition in our policies is deemed to constitute a breach of our terms and conditions.

3.   MARINE HUB MEMBERSHIP

Becoming a member of Marine Hub is free. You may only register as a member if you are resident in New Zealand or Australia (unless specifically authorised by us in writing) and can form a legally binding contract that is enforceable against you. You must be at least 18 years old. By registering as a member, you warrant that you can form a legally binding contract.

You warrant that you have provided complete, accurate and current personal information when registering as a member. You warrant that you will maintain and update the personal information held by Marine Hub to ensure it is kept current at all times. Marine Hub 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 Marine Hub's discretion, you may create a business membership in addition to your personal membership.

Marine Hub reserves the right to decline to register you or to terminate your membership without entering into further discussions with you. Marine Hub shall not be obliged to provide reasons for termination of your membership or declining your registration. Without limiting the foregoing, Marine Hub may terminate your membership if a serious complaint or multiple complaints are received about you from other members, if you breach these terms and conditions, if you impersonate another member, or if we, at our sole discretion, deem your behaviour to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled. In the event of termination, you also agree that you will not open or attempt to open any new Marine Hub memberships. You may at any time close your Marine Hub membership by giving us three days' notice in writing. If you close your membership, or if it is terminated by Marine Hub, your ability to use the Marine Hub website and any associated services will end. To the extent that you continue to access the site, clauses 2.2-2.5, 4.1 and 6.8 of these terms continue to apply.

You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:

(a) You will not give permission for any other person to use your user name or membership; and
(b) To keep secure and not provide or disclose to any other person your password, email address or any other information in connection with your membership that may allow them to gain access to your membership.

Marine Hub will send you emails relating to your membership, transactions and other activities on the Website, and for promoting and marketing other Marine Hub products and services to you. Marine Hub may also send regular electronic newsletters to members. The ability to unsubscribe will be clear should you wish to be removed from the mailing list.

4.   GENERAL RULES

(a) You must not cause or attempt to cause damage, interfere with, or harm the Website or Services. This extends to any network or underlying system connected to them.
(b) You may not scrape, or use unauthorised automated means including but not limited to robots or spiders to gain access to the Website or information featured on it.
(c) Any communication or listing through Marine Hub shall be made in good faith. All actions taken through your membership/use of Marine Hub are your responsibility.
(d) 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.
(e) Notwithstanding 4.1(d) above, contact details are to be added to the relevant contact fields on listing categories which specifically provide for those details.
(f) All listings must be in NZ dollars and include GST in the price. All tax obligations are the responsibility of the seller and/or the buyer.
(g) Any efforts taken by users to avoid fees, including through multiple memberships could result in suspension or termination of membership at Marine Hub’s discretion.
(h) Marine Hub Services or the Website may not be used to promote items for sale outside the Services provided by Marine Hub.
(i) Marine Hub memberships are not transferable, cannot be sold, leased, lent, inherited or traded without specific written authorisation from Marine Hub.

(a) Sellers must be located in New Zealand or Australia. Sellers outside of these countries must obtain authorisation in writing from Marine Hub to use the Services prior to registration of your membership.
(b) You must list an item in one category only which must be the most appropriate category for your item. 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. If your item is likely to attract customs duty for buyers in New Zealand, you must ensure that this is clearly indicated in your listing.
(c) You will only place listings for items that exist and that you are legally entitled to sell. Items you list must be in your possession, except where Marine Hub has approved otherwise in writing. In the case of a listing being offshore you must clearly indicate that the item is offshore or in transit in the listing.
(d) You may only sell or offer services in our Services Directory. Any Services Directory listings must comply with our Member Services Directory Policy.
(e) All listings must comply with New Zealand law and the following:

(i) Nothing illegal, offensive (including items/material that is deemed by Marine Hub to be defamatory, pornographic, or of a racially or ethnically objectionable nature), acquired by fraudulent means, stolen, or unsafe can be listed.
(ii) You may not list anything which infringes copyright or other intellectual property rights.
(iii) You may not list items which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any item of which the sale is prohibited by, or violates any, law.
(iv) You are responsible for ensuring that any listing by you does not breach this clause.
(v) If we consider that you are in breach of this clause at any time you agree that Marine Hub may disclose your personal information, including but not limited to your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders or their representatives.

(f) You must ensure you hold the copyright or are otherwise licensed to use any images you add to your listings. Marine Hub is not liable should you display images you do not own copyright for or are not licensed to use. We may watermark any images you upload to your listings with our logo.
(g) You must not place multiple listings for a single item or job. Marine Hub classifieds may be used by individuals or businesses to list specific items only and must not be used for multiple or generic item listings. Your listing may only contain a URL for a website that contains further information on the item you have listed. This website must not offer any items for sale, or contain contact details. You must not use Marine Hub listings to promote a business or a website.
(h) Listings are not pre-screened for content. Should Marine Hub become aware and deem a listing or any part thereof unsuitable or in breach of these terms and conditions we reserve the right to remove that listing.
(i) You must promptly forward the listed item to the successful buyer on completion of the transaction.
(j) You must not charge unreasonable amounts for shipping and packaging costs.

5.   ACCOUNT & FEE INFORMATION

(a) You can find Marine Hub’s fees listed on our Fees Page in the Help Section. A link to the Help Section can be found in the footer of the Website.
(b) Marine Hub charges fees for the use of the Website as a venue.
(c) Listing fees are charged at the time of listing and are not refundable.
(d) Marine Hub may change the fees charged for our Services at any time. 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.
(e) All fees are inclusive of GST and in New Zealand dollars unless otherwise stated for New Zealand residents. If you are not a New Zealand resident, then all fees are, unless otherwise stated, in New Zealand dollars and do not include GST.
(f) Before listing an item, you should review Marine Hub’s fees so you are aware of the fees incurred by using Marine Hub’s services.
(g) You must pay any fees owing immediately upon demand by Marine Hub.

6.   MISCELLANEOUS PROVISIONS

All reasonable efforts and care will be taken by Marine Hub to provide availability of the Website and Services,subject to any downtime required for maintenance. Marine Hub takes no responsibility and is not liable for any or all system unavailability. Marine Hub takes no responsibility and is not liable for any loss incurred as a result of the Website or Services being unavailable. Marine Hub assumes no responsibility for the corruption of any data or information held by Marine Hub.

As Marine Hub is not party to any transaction or sale between you and another member you agree to the following:

(a) You agree not to involve, or attempt to involve, Marine Hub in any dispute or in the resolution of disputes that arise between you and another member as a result of the Services provided.
(b) If you wish to take Disputes Tribunal (or other) proceedings against another member, you can contact Marine Hub for a statutory declaration 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.

In the event of any cause reasonably beyond Marine Hub’s control and without prejudice to clause 2.3(a), Marine Hub shall not be held liable or accountable for:

(a) The unavailability, lack of performance, failure or delay of the Services or the Website.
(b) Marine Hub’s failure to comply with these terms and conditions.

Not exercising or enforcing any rights available to us under our terms and conditions does not constitute a waiver of those rights.

Should for any reason any clause or provision of these terms and conditions become, or is held to be illegal, invalid or unenforceable for any reason and in any respect, by a court, all other clauses and provisions contained in Marine Hub’s terms and conditions will continue in full force and effect.

The terms and conditions created for this document are governed by the laws of New Zealand. By agreeing to Marine Hub’s terms and conditions you submit to the non-exclusive jurisdiction of the Courts of New Zealand.

Marine Hub owns all intellectual property and proprietary rights to the Website. This includes, but is not limited to:

(a) All copy/text, icons, graphics, images, logo’s, video and sound recordings on the Website;
(b) The software, systems and all other materials forming or underlying any part of the Services and Website.

Your use of Marine Hub’s website grants you access and a limited licence to use the site and its Services on these terms and conditions. You may not:

(a) Copy, reproduce, alter, adapt, store for future use, distribute, display, or create work or systems derived from any part of this Website; or
(b) Obtain and commercialise, copy, or sell any material from any part of this Website.

Any and all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written are superseded by these terms and conditions. These terms and conditions constitute the entire agreement between you and us relating to the subject matter of these terms and conditions.

Any personal information collected, used and/or disclosed by Marine Hub is available to view in accordance with our Privacy Policy.

Marine Hub Ltd - Privacy Policy

Our Privacy Policy is part of our Terms & Conditions. Please review this page periodically for any changes to this policy.

How Marine Hub uses your information.

Information is collected through your use of the Marine Hub website and services. This includes details provided for your registration and information gathered from your use of the website including but not limited to, listings viewed and searches made. By using Marine Hub’s services you agree that we can use your personal information:

a) To verify your identity.
b) To protect the safety, property and rights of Marine Hub, including but not limited to the Marine Hub website and services.
c) To protect the property, rights and safety of any Marine Hub user.
d) To assist in enforcing and/or applying our Terms and Conditions.
e) To promote and/or market Marine Hub or associated products and services to you.
f) To allow Marine Hub to use a third party for services provided.
g) For internal research purposes.
h) For any other use that you authorise.

Public display of user personal information.

By voluntarily displaying your full name and contact phone number in the directory of services, within listings or any other area of the site publicly available, you release Marine Hub from any liability for any consequences of this personal information being publicly available.
Marine Hub does not sell your personal information to third parties. Conditions in which your personal information may be released to third parties are:

a) When release is appropriate for law enforcement purposes including legal compliance and / or court proceedings.
b) To enforce or apply Marine Hub’s Terms and Conditions.
c) To protect the rights and property of Marine Hub, our users and others.
d) Where government agencies are legally empowered to request data from us, including but not limited to, the NZ Police, the Inland Revenue Department and the Ministry of Business, Innovation and Employment.

Use of your email

Marine Hub may send announcements, newsletters and other communications to its members. These will contain clear and obvious instructions for how the member can remove himself or herself from that mailing list.

Membership registration

Our site's registration form requires you to provide us with contact information and may also require demographic information. Your contact information may also be used to contact you when necessary.

Updating your personal information

You can update your personal information, including changing your email address, password, phone number, etc. Marine Hub reserves the right to store previous information provided by you to ensure our Terms and Conditions are complied with.

Password security

The security and use of your user name, email address and password is your responsibility. You should not disclose these details to any third party. Should you disclose these details, you accept liability for all actions taken with this information.

Computer housekeeping

It is good practice to protect against unauthorised access to your computer. Always logout when you have finished visiting the Marine Hub website particularly if you are working on a shared computer.

Credit and debit card security

Marine Hub take all reasonable efforts to protect the security of your personal information, including credit and debit card information. We protect information during transmission by using the Secure Sockets Layer (SSL) protocol, which encrypts your information when transmitted over the Internet. Marine Hub does not retain any Credit Card details, however they may be held by Direct Payment Solutions (DPS). By using Marine Hub’s services, you accept that we are not liable for any unauthorised use of your credit or debit card details obtained by any third party as a result of a cyber attack or by other illegal means.

Cookies and local storage

Cookies and local storage allow Marine Hub to store information (including your personal information) in a file on the device you use to access Marine Hub. "Session" cookies are used to temporarily store information to help you use Marine Hub. Session cookies expire immediately when you close your browser. "Persistent" cookies and local storage are used to: personalise user experience, help protect our members, provide usage information (how often members visit Marine Hub) and help identify users abusing Marine Hub services.

Other information we collect

Personal correspondence sent to Marine Hub by you or correspondence about your activities or postings on the Site provided by other users or third parties may be held in a file specific to you. Conversations from Customer service phone calls may also be held in a file specific to you.

Cancelling Membership

Requests to cancel membership or have registration removed must be provided in writing by email to support@marinehub.co.nz.

Variations to this policy

This policy may be amended from time to time at the sole discretion of Marine Hub. Any amendments take effect from the time they are published on the Marine Hub Website. You are deemed to accept the amended policy by your continued use of the Services provided by Marine Hub.