xuber's Terms of Use Agreement

By using the xuber.com.au web site ("xuber" or the “Site”), a service of xuber, you (the “user” or “you”) agree to be bound by the following terms and conditions (the “Terms of Use” or the "Agreement"), including those available by hyperlink. If you have any questions, please contact us.

Before you may become a member of xuber, you must read and accept all the terms and conditions in, and linked to, the Agreement. The Agreement is effective on April 29, 2009 for current users, and upon acceptance for new users.

1. xuber is a Venue

xuber acts as a venue to allow users who comply with xuber’s policies to offer, sell, and buy certain handmade goods within a fixed price format. xuber is not directly involved in the transaction between buyers and sellers. As a result, xuber has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. xuber does not pre-screen users or the content or information provided by users. xuber cannot ensure that a buyer or seller will actually complete a transaction.

Consequently, xuber does not transfer legal ownership of items from the seller to the buyer. xuber cannot guarantee the true identity, age, and nationality of a user. xuber encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third party escrow service or services that provide additional user verification.

You agree that xuber is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on xuber. You use the xuber service at your own risk.

2. Membership Eligibility

Age: xuber's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by xuber’s policies as stated in the Agreement and these xuber policy documents:


Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify xuber of any unauthorized use of your password or any breach of security. You also agree that xuber cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on xuber, you must have a valid credit card on file with xuber at all times.

Account Transfer: You may not transfer or sell your xuber account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Right to Refuse Service: xuber's services are not available to temporarily or indefinitely suspended xuber members. xuber reserves the right, in xuber’s sole discretion, to cancel unconfirmed or inactive accounts. xuber reserves the right to refuse service to anyone, for any reason, at any time.

3. Fees and Services

Joining and setting up an account on xuber is free. xuber charges a percentage of the sale price when the item sells. xuber's Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for xuber’s services are effective after xuber provides you with at least fourteen (14) days' notice by posting the changes on the Site. However, xuber may choose to temporarily change the Fees Policy and the fees for xuber's services for promotional events (for example, free listing days); such changes are effective when xuber posts the temporary promotional event on the Site. xuber may, at xuber's sole discretion, change some or all of xuber's services at any time. In the event xuber introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Australian Dollars (AUD).

You are responsible for paying all fees associated with using xuber. xuber keeps sellers' valid bank account details on file. At the beginning of the month, each seller is deposited with 70% of the total purchase of the sale.

Termination: There is no termination fee. Every member can terminate at any time by contacting xuber.

4. Listing and Selling

Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with xuber’s policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your xuber shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.

Shop Policies: All sellers are urged to outline shop policies for their xuber shop. These policies may include, for example: shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with xuber’s site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. xuber reserves the right to request that a seller modify a shop policy.

Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding xuber transaction fees, misrepresent the item’s location, or use another user’s account without permission.

5. Prohibited, Questionable and Infringing Items and Activities

You are solely responsible for your conduct and activities on and regarding to xuber and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on xuber.

Restricted Activities: Your Content and your use of xuber shall not:
  1. Be false, inaccurate or misleading
  2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items
  3. Infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (See also, xuber’s Copyright and Intellectual Property Policy
  4. Violate this Agreement, The DOs & DON’Ts of xuber, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
  5. Contain items that have been identified by the xxx as hazardous to consumers and therefore subject to a recall
  6. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including xuber staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
  7. Be obscene or contain pornography
  8. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
  9. Host images not part of a listing
  10. Modify, adapt or hack xuber or modify another website so as to falsely imply that it is associated with xuber;
  11. Appear to create liability for xuber or cause xuber to lose (in whole or in part) the services of xuber’s ISPs or other suppliers
  12. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, the DOs & DON’Ts of xuber, or other policy documents as posted on xuber.
Furthermore, you may not list any item on xuber (or consummate any transaction that was initiated using xuber’s service) that, by paying to xuber the listing fee or the final value fee, could cause xuber to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

6. Content

License: xuber does not claim ownership rights in your Content. You grant xuber a license solely to enable xuber to use any information or Content you supply xuber with, so that xuber is not violating any rights you might have in that Content. You grant xuber a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow xuber to store or re-format your Content on xuber and display your Content on xuber in any way as xuber chooses. xuber will only use personal information in accordance with xuber's Privacy Policy.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another xuber user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for xuber-related communications. xuber has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any xuber user to your email or physical mail list. For more information, see xuber’s Privacy Policy.

Re-Posting Content: By posting Content on xuber, it is possible for an outside website or a third party to re-post that Content. You agree to hold xuber harmless for any dispute concerning this use. If you choose to display your own xuber-hosted image on another website, the image must provide a link back to its listing page on xuber.

7. Information Control

xuber does not control the Content provided by users that is made available on xuber. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.

Additionally, there may also be risks dealing with international trade and foreign nationals. By using xuber, you agree to accept such risks and that xuber (and xuber’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on xuber. Please use caution, common sense, and practice safe buying and selling when using xuber.

Other Resources: xuber is not responsible for the availability of outside websites or resources linked to or referenced on the Site. xuber does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that xuber shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

8. Meetings

Users may arrange and attend online virtual meetings or in-person meetings (“Meetings”) with one or more individuals. Users are solely responsible for interactions with others. Users must comply with xuber’s policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group’s contact person. xuber is not involved with user generated groups, the groups’ requirements, or the Meetings.

xuber does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that xuber does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.

Groups or User Fees: Some user-generated groups on xuber may require or request that users pay fees in order to be a member of the group, participate in a promotion, or participate in Meetings. xuber Is Not Involed In The Transactions, The Payments Or Their Processing. The Payment Does Not Go To xuber; This Money Is Separate From Any Fees Or Charges Assessed By xuber, And xuber Has No Control Over The Money, The User-Generated Groups, Promotions, The Meetings, Or The Leader Of The Group In Connection With Its Use. You Acknowledge And Agree That xuber Is Neither Involved Nor A Party In Any Payment, Transaction Or Interaction Between Or Among User-Generated Groups, xuber Users And/Or Third Parties (Together A “Third Party Transaction”), And That You Bear All Risk In Connection With Your Third Party Transactions. Users should use common sense and be careful in deciding whether to contribute money.

9. Resolution of Disputes and Release

In the event a dispute arises between you and xuber, please contact xuber.

Should you have a dispute with one or more users, or an outside party, you release xuber (and xuber's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. xuber encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

xuber, for the benefit of users, may try to help users resolve disputes. xuber does so in xuber’s sole discretion, and xuber has no obligation to resolve disputes between users or between users and outside parties. To the extent that xuber attempts to resolve a dispute, xuber will do so in good faith based solely on xuber’s policies. xuber will not make judgments regarding legal issues or claims.

10. xuber's Intellectual Property

xuber and other xuber graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of xuber, Inc. in the U.S. and/or other countries. xuber's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

11. Access and Interference

xuber may contain robot exclusion headers which contain internal rules for software usage. Much of the information on xuber is updated on a real-time basis and is proprietary or is licensed to xuber by xuber's users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access xuber for any purpose without xuber’s prior express written permission. Additionally, you agree that you will not:

  1. Take any action that imposes, or may impose, in xuber’s sole discretion, an unreasonable or disproportionately large load on xuber’s infrastructure
  2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content, or other allowed uses as set out in the the DOs & DON’Ts of xuber from the Site without the prior expressed written permission of xuber and the appropriate third party, as applicable
  3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
  4. Bypass xuber’s robot exclusion headers or other measures xuber may use to prevent or restrict access to xuber

12. Breach

Without limiting any other remedies, xuber may, without notice, and without refunding any fees, delay or immediately remove Content, warn xuber’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

xuber suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, the DOs & DON’Ts of xuber, or other policy documents and community guidelines incorporated herein; xuber is unable to verify or authenticate any of your personal information or Content; Or xuber believes that a user is acting inconsistently with the letter or spirit of xuber’s policies, has engaged in improper or fraudulent activity in connection with xuber or the actions may cause legal liability or financial loss to xuber's users or to xuber.

13. Privacy

Except as provided in xuber’s Privacy Policy xuber will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. xuber stores and processes Content on computers located in the United States that are protected by physical as well as technological security.

14. No Warranty

xuber, xuber's Subsidiaries, Officers, Directors, Employees, And xuber's Suppliers Provide xuber's Web Site And Services "As Is" And Without Any Warranty Or Condition, Express, Implied Or Statutory. xuber, xuber's Subsidiaries, Officers, Directors, Employees And xuber's Suppliers Specifically Disclaim Any Implied Warranties Of Title, Merchantability, Performance, Fitness For A Particular Purpose And Non-Infringement. In Addition, No Advice Or Information (Oral Or Written) Obtained By You From xuber Shall Create Any Warranty. Some States Do Not Allow The Disclaimer Of Implied Warranties, So The Foregoing Disclaimer May Not Apply To You. This Warranty Gives You Specific Legal Rights And You May Also Have Other Legal Rights That Vary From State To State.

15. Liabiity Limit

In No Event Shall xuber, And (As Applicable) xuber's Subsidiaries, Officers, Directors, Employees Or xuber's Suppliers Be Liable For Any Damages Whatsoever, Whether Direct, Indirect, General, Special, Compensatory, Consequential, And/Or Incidental, Arising Out Of Or Relating To The Conduct Of You Or Anyone Else In Connection With The Use Of The Site, xuber’s Services, Or This Agreement, Including Without Limitation, Lost Profits, Bodily Injury, Emotional Distress, Or Any Special, Incidental Or Consequential Damages.

16. Indemnity

You agree to indemnify and hold xuber harmless from any claim or demand, including reasonable attorneys' 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.

17. No Guaranty

xuber does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside xuber’s control.

18. Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of xuber’s service and your listing, purchase, solicitation of offers to purchase, and sale of items.

19. Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

20. No Agency

You and xuber are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

21. xuber Service

xuber reserves the right to modify or terminate the xuber service for any reason, without notice, at any time. xuber reserves the right to alter these Terms of Use or other Site policies at any time. If the alterations constitute a material change to the Terms of Use, xuber will notify you via email to the email address in your account. What constitutes a "material change" will be determined at xuber's sole discretion, in good faith, and using common sense and reasonable judgment.