Last Updated 9th October 2014
2. Neeboz.com.au is a Facilitator
Neeboz.com.au is not involved in the actual share and trade transactions between members. As a result, Neeboz.com.au has no control over the quality, safety or legality of the goods, services, activities or content posted by members on the Site, the truth or accuracy of the listings, the ability of the Lister to post goods, services or tasks or the ability of the Receivers or the Listers to finalise a trade. Neeboz.com.au do not ensure or guarantee that the Receiver or the Lister will actually complete a transaction or act lawfully in using the Site.
You agree not to infringe the rights of any third party in any way whilst using the Neeboz.com.au site and you indemnify the Site and its owner from any loss or damage that you may suffer as a result of your breach of this Agreement.
Neeboz.com.au does not act as a broker or agent for any user.
3. Membership Eligibility
Neeboz.com.au services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, Neeboz.com.au services are not available to persons under 18 years of age or to temporarily or indefinitely suspended Neeboz.com.au members. If you do not qualify, you cannot use Neeboz.com.au services.
Membership and accounts are tied to residential addresses and in the event of moving to another address/location where Neeboz is not yet activated, access to your established Neeboz account cannot be guaranteed at your new place of residence. If a minimum of thirty (30) Neeboz members are available at your new address/location, your Boz Dollars and account can be transferred to your new address.
Unless otherwise stated, membership fees are GST inclusive and are quoted in Australian Dollars. You are responsible for paying all membership fees by the payment due date. Your membership end date is displayed on the top right hand side of the MY NB page; if your payment method fails or your account is past due, we will cancel your membership including the termination of all content and Boz Dollars earned through your account. Cash payment is the preference for Neeboz membership and the acceptance of bartering services or goods as payment for Neeboz membership is at the sole discretion of Neeboz.com.au and is not a guaranteed form of payment.
Your Neeboz.com.au account may not be transferred or sold to another party.
No individual is permitted to have more than one single account at any time. No more than two accounts are permitted per address or household, and Neeboz.com.au has the right to limit a household to one account when it deems it necessary to protect its users from fraud, or the risk of fraud. Neeboz may at any time request a form of identification to verify a members identity and their compliance with these terms (including photo identification and proof of current residential address. ie. drivers licence, passport, student card, bank statement, utilities bill and/or lease agreement etc).
The site is for the personal use of individual members that have paid the nominated fee to become a member of the site (following the six week trial period). Members are not permitted to share accounts with other households.
If an individual is registering as a business entity or as a community group, that individual represents that they have the authority to bind that entity or group to this Agreement.
Accounts must be registered only by the individual seeking membership. Registration of accounts in a name other than the registrant's, fictitious or real, is expressly prohibited. Such use constitutes fraud and may give rise to criminal prosecution and substantial damages. Neeboz.com.au prosecutes fraud to the fullest extent of the law. Without limiting any other remedies, Neeboz.com.au may suspend or terminate your account if suspected (by conviction, settlement, insurance or escrow investigation, or otherwise) that you have engaged in fraudulent activity in connection with the Site. This includes, but without limiting, failing to deliver a good or complete a service or task when you are obligated to do so, creating accounts and trades with the purpose of falsely obtaining an item or completing a task, or obtaining additional Boz Dollars that were not rightfully earned (through successful friend referrals, initial registration Boz Dollar bonuses and/or positive feedback provided for example), or failing to acknowledge the delivery of a good or the completion of a service or task when it has been delivered/finalised. Neeboz.com.au assumes no liability for this or any other fraudulent activity conducted by its members.
In posting goods or services or tasks for trade on Neeboz.com.au, you must provide true and accurate descriptions, without any false or misleading information.
You are solely responsible at your own cost and expense for creating backup copies and replacing any user content posted or stored on the Site or provided to Neeboz.com.au.
When you give Neeboz.com.au content, you are granting Neeboz.com.au, and representing that you have the right to grant, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content.
To protect our users' privacy, user identities should be kept anonymous.
Providing personal contact details on the site (including your public profile statement or within ad posts or notices) is not permitted. Personal contact details can include email addresses, Skype/IM usernames, telephone numbers, residential addresses, third party websites (such as facebook) or any other personal contact details (other than your name).
All communications, information and file exchanges must be performed exclusively using Neeboz’s messaging system.
5. Listings and Trading
Neeboz.com.au will not be held responsible for any fraudulent or illegal activity conducted through the Neeboz.com.au internet site, including, but not limited to, the trade of stolen goods, breaches of copyright, trademarks or intellectual property rights.
Neeboz.com.au cannot review items posted to the Site. You agree to assume full responsibility for any goods posted to your accounts. You indemnify and agree to hold Neeboz.com.au harmless for any violations of law or regulation that arise in connection with the posting to member accounts of goods or services or tasks for trade resulting in civil or criminal liability and you agree that you are responsible for ensuring your own personal insurances cover for any issues occurring as a result of goods, service or task trades and associated social interactions facilitated through the Site.
The Receiver of loaned goods must return them at the agreed time and in the same (or better) condition. If an item is damaged by a Receiver, the Receiver agrees not to return the item until the defect has been corrected or the whole item is replaced at their expense (within three days from the accepted trade delivery date unless otherwise agreed by the Lister).
Neeboz.com.au is not responsible for trade related postage arrangements or for the loss or damage of an item during postage. The timely delivery of an item in the same condition that the Lister ascribed to that item is the responsibility of the Lister who is posting the item. If an item is returned to the Lister as defective, the Lister agrees not to post that item for trade until the defect has been corrected.
Offers are not retractable except in certain circumstances as outlined in the FAQ section of the Site.
Neeboz Ads and Notes can be shared across social media platforms as per the options available on the Site.
6. Information Control
Neeboz.com.au does not control the information provided by users of the Neeboz system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. You need to use caution, common sense, and practice safe trading when using the Site. You must note that there are also risks of dealing with underage persons or people acting under false pretense. By using this Site, you agree to accept such risks and Neeboz.com.au is not responsible for the acts or omissions of users on the Site. Members are not permitted to publish personal contact details including email addresses, and residential addresses and phone numbers, on their public profile statement, noticeboard or feedback ratings. For security reasons, you will not be permitted to post any personal contact details on your profile, including links to facebook (or other third party websites).
Neeboz.com.au may make available to users of the Site, message boards, opinion forums, bulletin board services or other interactive communication facilities. Neeboz.com.au cannot review all communications made on or through the Site. However, Neeboz.com.au reserves the right to monitor the Forums and edit, modify or delete any materials which Neeboz.com.au in its sole discretion determines to violate this Agreement or to be in any other way offensive or contrary to any Neeboz.com.au policy, either written or unwritten. Neeboz.com.au further reserves the right to use posted materials for its own purposes for marketing, communication, advertising, promoting featured members or any other purpose at the sole discretion of Neeboz.com.au.
You agree not to use Neeboz.com.au forums for the posting of any material that is illegal, threatening, sexually explicit, pornographic, obscene, infringing on intellectual property rights, injurious to third parties, defamatory, or otherwise objectionable.
You may not take any actions that may undermine the integrity of the feedback and vouch for me system. Neeboz.com.au may limit the number of trades and goods, services or tasks for trade you may place on the Site based upon the level of your feedback. If you earn a net feedback rating below a level Neeboz.com.au may deem to be unacceptable, your membership may be suspended, and you may be unable to list, trade or even login to the site.
You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by Neeboz.com.au, and that the composite number without the comments does not convey your full user profile. Because feedback ratings are not designed for any purpose other than for facilitating trading between Neeboz.com.au users, you agree that you shall not market or export your Neeboz.com.au feedback rating into any venue other than a Neeboz.com.au operated website.
By providing a ‘vouch for me’ reference for a member, you are representing that you personally know that member and are willing to confirm their participation in Neeboz as trustworthy and reliable and you understand that this endorsement may reflect (either positively or negatively) on your reputation in the Neeboz community. You also understand that if an investigation into the member that you provided a vouch for me reference for occurs, you may be contacted for information regarding that member.
Neeboz.com.au does not provide you with the technical ability to import feedback from other (non-Neeboz.com.au operated) websites to Neeboz.com.au because a composite number without the corresponding feedback does not reflect your true online reputation within our community.
8. Site Termination
Neeboz.com.au reserves the right to terminate service at any time without notice. In the event of service termination, you will not be entitled to a membership refund or any other compensation.
Without limiting other remedies, Neeboz.com.au may limit your activity, immediately remove your trades or item listings, warn the Neeboz.com.au community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate a membership and refuse to provide services if: (a) you breach this Agreement or the documents it incorporates by reference; (b) Neeboz.com.au are unable to verify or authenticate any information provided by you; or (c) Neeboz.com.au believes that your actions may cause financial loss or legal liability for Neeboz.com.au or its members; (d) Neeboz.com.au believes that your actions may negatively impact on the Neeboz community and/or brand.
The failure of Neeboz.com.au to act with respect to a breach by members or others does not waive the right of Neeboz.com.au to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between Neeboz.com.au and members with respect to the subject matter hereof.
10. Member Disputes and Investigations
A member can request an investigation by the Neeboz administrator as outlined in the FAQ section of the Site.
Use of this Site requires a password. You agree to maintain the confidentiality of your password and are solely responsible for all activities associated with its use, whether authorised or unauthorised. Sharing of account passwords with other persons is a violation of this agreement and may result in account termination.
If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorised disclosure or use of ID or password), you should notify Neeboz.com.au immediately of the problem to avoid possible liability for unauthorised use of and charges to your account.
You acknowledge that your profile (which includes a username, your suburb of residence, your feedback, and, at your option, an image, your name, gender, your ads and noticeboard posts, your vouch for me references, and your interests) will be available for viewing by the public (Neeboz members and non-members).
13. Email Preferences
Upon completion of your registration with Neeboz.com.au, below are the notifications that may be sent to your external email account. This is enabled by default in your profile settings. It is a condition of membership, that you receive such notifcations; however, if you prefer not to receive 'trade updates and reminders' externally, you can deselect ‘Receive Messages via Email’ in the ‘Privacy’ settings of your profile. By registering with us, you are agreeing with the initial email settings default and the external email notifications as outlined below:
- Receive occasional news & updates on our site
- Receive a monthly newsletter on new/updated items
- Receive all trade updates and reminders
- Receive notifications whenever a message is posted to a notice that you own/or contributed to
- Receive private messages and questions from members
- Receive 'Vouch for Me' Updates
14. Boz Dollars Currency
Neeboz.com.au operates and maintains a trading system in local currency units called Boz Dolalrs. The rules and guidelines that apply to the trading system are detailed in the “How it Works” and the “FAQ” section of the website.
You acknowledge that at the end of each financial year any Boz Dollars balances above 500 Boz Dollars will be reduced by 15% in encouraging Boz Dollars as an exchange value rather than a storage value.
You cannot purchase Boz Dollars with real money.
Boz Dollars are not redeemable for real money.
Members agree not to over-extend their offers beyond their Boz Dolalrs balance (including pending transactions).
Neeboz reserves the right to fix any Boz Dollars processing errors we discover by crediting or debiting your Boz Dollars account as appropriate.
If cash forms a component of a Neeboz trade (accepted for parts or materials of a skill share or task completion only); the cash component will be self organised and self managed and cash transactions are not Neeboz responsibility or business. Neeboz will not be held accountable for any cash transaction trade related disputes.
You agree not to post, email, or otherwise make available Content: a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; b) that is pornographic or depicts a human being engaged in actual sexual; c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; d) that violates the relevant State or Territory based Anti-Discrimination Act; e) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; f) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; g) that constitutes or contains any form of advertising or solicitation if: posted in areas of the Neeboz.com.au site which are not designated for such purposes; or emailed to Neeboz.com.au users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests; h) that includes links to commercial services or web sites, except as allowed in "services"; i) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law; j) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; k) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or l) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service. Additionally, you agree not to: m) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; n) "stalk" or otherwise harass anyone; o) collect personal data about other users for commercial or unlawful purposes; p) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by Neeboz.com.au; q) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; r) post the same item or service in more than one classified category or forum; s) attempt to gain complementary Boz Dollars through fraudulent or deceptive means; t) attempt to gain unauthorised access to Neeboz.com.au's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Neeboz.com.au website, or; u) use any form of automated device or computer program that enables the submission of postings on Neeboz.com.au without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
16. Identity Verification
The feedback and verification tools outlined in the FAQ section of the Site aim to assist you in your decision-making to trade; however, trading safely is your sole responsibility as member authentication on the Internet is difficult and Neeboz.com.au cannot and does not confirm each member's posted identity.
17. No Warranty
Neeboz.com.au cannot and will not provide any warranty in relation to any goods or services traded on its website. In no event shall Neeboz.com.au (or its founders, employees, agents, contractors, partners, licensors, suppliers or other affiliates) be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the Neeboz.com.au website, the related services or this agreement (however arising, including negligence). The liability of Neeboz.com.au (or its founders, employees, agents, contractors, partners, licensors, suppliers or other affiliates) to you or any third party in any circumstance is limited to the amount of fees paid by you to Neeboz.com.au in the 12 months prior to the action giving rise to liability.
You agree not to hold Neeboz.com.au responsible for goods, services or task trades posted by, or the actions of any other members of the Neeboz.com.au internet site.
You agree to indemnify and hold Neeboz.com.au (or its founders, employees, agents, contractors, partners, licensors, suppliers or other affiliates) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Your use of the Site and its content is at your sole risk. The member agrees that obtaining any information or materials, or goods, services, or the use of real estate, whether temporary or permanent, through the Site is done at the member's discretion and at the member's own risk and that the member will be responsible for any and all damages that may result from any transaction.
You are wholly responsible for your participation on the site and you use the site at your own risk.
20. Assumed Risk
You assume certain risks when and to the extent you use the Site, including the possibility that you will find the content of other users offensive, inaccurate or deceptive, and the trading practices of other users unfair or predatory. There is the risk of inadvertently trading with individuals who do not have the legal right to trade or are otherwise dealing under false pretenses. The user agrees to accept such risks and Neeboz.com.au is not liable for the acts or omissions of the users of the Site.
21. Third Party Sites and Services
Neeboz.com.au will not provide personal information about any of its clients to any third party unless we have obtained your explicit consent. The site may contain third party advertisement and links to third party sites. Access to any other internet site linked to this site is at your own risk and we accept no responsibility for the accuracy or reliability of any information, data, opinions, advice or statements made in any third party advertisements or on any third party site.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, patents, trade secrets or other proprietary information belonging to Neeboz.com.au or others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Neeboz to terminate the privileges of any User who infringes the copyright rights of Neeboz.com.au or others upon receipt of notification to Neeboz.com.au or others by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work was copied or posted on the Neeboz.com.au Website or otherwise through the Service in a way that constitutes copyright infringement, please contact us with the following information: (i) an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.
23. Modifications to the Agreement
24. Resolution of Disputes
Any dispute, controversy or claim between Neeboz.com.au and members or between members (trial or full members) of Neeboz.com.au must be dealt with in accordance with this clause. In the event a dispute arises between you and Neeboz.com.au, Neeboz.com.au aims to provide you with a neutral and cost effective means of resolving the dispute quickly. Before resorting to legal proceedings, Neeboz.com.au strongly encourages direct contact initially to seek a resolution and Neeboz.com.au will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation. If a dispute occurs between Neeboz members, each party agrees to negotiate with the other for at least two weeks to try and resolve the dispute amicably. If the dispute can't be resolved, the parties must try to settle the dispute with the help of firstname.lastname@example.org. If the dispute still can't be resolved, the parties agree to try to settle the dispute by mediation. Unless otherwise agreed by the parties, the mediation will be administered by the Australian Commercial Disputes Centre (or a comparable organisation), at an evenly shared cost between the Lister and Receiver, and conducted in accordance with their mediation guidelines. No party to a dispute may commence legal proceedings concerning the dispute unless the parties have attempted to resolve the dispute in accordance with this clause.
25. Tax Implications
Your tax position is an individual matter and an individual responsibility. Neeboz takes no responsibility for collecting or policing tax. Under law, it cannot prevent the Australian Tax Office from obtaining access to view our documents and trading records. We recommend you keep track of your Neeboz transactions for tax purposes by regularly printing off your account statements (your Boz Dollars statement collects information about your Neeboz transactions and it is your responsibility to regularly backup and file this information).
26. Additional Items
27. Intellectual Property
The site is protected by Australian and International copyright and other intellectual property laws. You may download material on this site for your personal, non-commercial use only. You must obtain our express written permission to reproduce any part of the site or other intellectual property owned by us or to create a link to the site.
These terms of agreement are governed by and construed pursuant to the laws of Queensland, Australia and you agree to submit to the non-exclusive jurisdiction of the courts in that State. Any failure by us at any time to enforce any of the provisions of these terms and conditions or any of its rights will not be a waiver of such provisions, rights or elections or affect the validity of these terms and conditions. If any clause or part of a clause of these terms and conditions is invalid, illegal, unlawful or otherwise being incapable of enforcement, that clause or part of a clause will be deemed to be severed and of no force and effect but all other clauses and parts of clauses of these terms and conditions will nevertheless prevail and remain in full force and effect and be valid and fully enforceable. No clause or part of a clause of these terms and conditions will be construed to be dependent upon any other clause or part of a clause unless so expressed.
Neeboz.com.au does not guarantee continuous, uninterrupted or secure access to its services, and operation of the Site may be interfered with by numerous factors outside of its control. Neeboz.com.au is not liable for any compensation, financial or in-kind, in the event of a Site service interruption.
© 2013 Neeboz. All rights reserved.