Terms and Conditions Agreement
[Issue 1.00 dated 2003-03-01]
(herein after called the "Agreement")
This agreement between you and aKaNiC ("aKaNiC")
details how you can use our web sites. Use of aKaNiC web sites are governed
by this agreement. By using these web sites you acknowledge and
signify that you have read, understood, and agreed to be bound by this agreement.
1. Who is aKaNiC?
aKaNiC operates a number of web sites, including
aKaNiC.com (collectively the "web site/s") that allow
aKaNiC users ("user/s") from around the world to purchase ("buyer/s")
any legal items ("item/s") from sellers around the world ("seller/s")
acting on their own behalf. A user may be a buyer and/or a seller.
2. Who Can Be a user?
Only individuals and businesses that are legally entitled to enter into legally binding and
enforceable contracts may be a user and purchase or sell through the web sites.
Users must comply with all applicable laws.
All information submitted by users through the web sites, including registration
information, payment information, and transaction-related information must be true, accurate,
current and complete. You are referred to as a "user",
"you", "your" or "yourself" for the purposes of this agreement.
3. How This Works
The web sites are a forum for users. users may be buyers and/or sellers. Buyers buy items
from sellers, not from aKaNiC. aKaNiC only facilitates
transactions, and does not enter into any sale or purchase contract in its own name on behalf
of buyers or sellers. aKaNiC is not involved in transactions between users. Only buyers and sellers (not aKaNiC) are responsible for all transactions through the Web sites and the terms and conditions of all transactions.
Orders placed through the web sites are forwarded to the selected seller by electronic mail
(e-mail), or any other electronic means, for acceptance and fulfilment by the seller.
In the case of credit card purchases, either the seller or aKaNiC, depending
upon the process requested by the seller, may process the credit card. Passwords must be kept
confidential and not disclosed to or shared with any other person. You are solely responsible
and liable for any use and misuse of your password and for all activities that occur under
your password. You must immediately notify aKaNiC of any unauthorized use
of your password, or if you know or suspect that your password has become known to any other
person. aKaNiC is not under any obligation to verify the actual identity or
authority of the user of any password.
4. Misprints and Orders
Although aKaNiC strives to provide reliable and current information on the
web sites, misprints or other errors may occur. aKaNiC reserves the right
to change information on the web sites at any time and from time to time without any notice
or liability to you or any other person. Items listed on the web sites are subject to
availability, and may not be available when ordered or afterwards.
The Items offered on the web sites are invitations for purchase orders, and shall not
constitute binding offers to sell. Your properly completed and delivered order form
constitutes your offer to purchase the items referenced in your order. Your order will be
accepted only if and when the seller sends an order acceptance and shipping notice to your
5. We Respect Your Privacy
Your personal information will be collected and saved by aKaNiC.
All data and information collected from you by aKaNiC is treated
confidentially respecting the applicable laws on data protection and in accordance with our
6. Warranty Disclaimer and Liability Exclusion and Limitation Clauses
Since aKaNiC is not a party to any transactions through the web sites,
aKaNiC does not give any representation or warranty regarding any
transactions or any of the items. aKaNiC has no control over or liability
for the quality or legality of the items advertised, the truth or accuracy of the listings,
or the ability of sellers to sell Items. The web sites are provided on an "as is" and
"as available" basis, and without any representations, warranties or conditions of any kind,
whether express or implied, and including without limitation implied conditions, warranties
or representations of merchantability, fitness for a particular purpose, performance,
durability, security, availability, or accessibility, all of which are hereby disclaimed by
aKaNiC to the fullest extent permitted by law.
Regardless of the nature of the claim or the reasons for the loss and damages,
aKaNiCís liability is limited to foreseeable and typical damages.
aKaNiC will not under any circumstances be liable to you for any loss of
use, loss of production, loss of income or profits (anticipated or otherwise), loss of
markets, economic loss, special, indirect or consequential loss or damage or punitive damages,
whether in contract, tort or under any other theory of law or equity, arising from, connected
with, or relating to the use of the web sites by you.
In no event will aKaNiCís total liability to you or any other person for
any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in
contract, tort or under any other theory of law or equity, and regardless of any negligence
or other fault or wrongdoing by aKaNiC or any person for whom
aKaNiC is responsible, exceed the lesser of US$25 or the purchase price of
the Item that is the subject of the claim. The exclusion of certain warranties and the
exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions.
Such limitations may apply to You. The warranty disclaimer and liability exclusion and
limitation clauses survive indefinitely after the termination of this agreement.
7. Legal Claims
For all disputes between aKaNiC and you or any other person arising from,
connected with or relating to the web sites, this agreement, transactions facilitated or
conducted through the web sites, items ordered or purchased through the web sites, dealings
between you and aKaNiC, or any related matters or any legal relationship
associated therewith or derived therefrom ("Dispute/s"), the relevant parties will attempt to
find a reasonable solution least onerous to the parties. If a dispute cannot be resolved by
the parties, then the dispute must be resolved before the Courts of Queensland sitting in the
City of Brisbane, Queensland, Australia, and you hereby irrevocably submit and attorn to the
original and exclusive jurisdiction of those courts in respect of all disputes. Proceedings
regarding disputes must be commenced in a court of competent jurisdiction in the City of
Brisbane, Queensland, Australia within six (6) months after the dispute arose, after which
time any and all proceedings regarding the dispute are barred. Any shorter time limit
provided by statute law remains unaffected.
8. How Do You or aKaNiC End This Agreement?
You or aKaNiC may terminate this agreement at any time with immediate effect
and without any prior notice. aKaNiC may at any time and in its discretion
immediately suspend or terminate (in whole or in part) your permission to use the web sites
without any notice or liability to you or any other person. If this agreement or your
permission to use the web sites is terminated by you or aKaNiC for any
reason, this agreement will nevertheless continue to apply and be binding upon you in respect
of your prior use of the web sites and prior purchases or sales of items through the web sites
and anything connected with, relating to or arising from those matters.
9. Changes to Web Sites, Policies and Procedures, and this Agreement
aKaNiC may, in its discretion, change, suspend or terminate, temporarily or
permanently, the web sites or any part of them at any time, for any reason, without any
notice or liability to you or to any other person.
aKaNiC may, in its discretion, change, supplement or amend its policies and
procedures and this agreement as they relate to future use of the web sites from time to time
and without any notice or liability to you or to any other person, by posting revised
documents on the web sites. You may not change, supplement or amend this agreement or any
aKaNiC policies or procedures.
You and aKaNiC have expressly requested and required that this agreement and
all other related documents be drawn up in the English language.
Thank you for using aKaNiC. We look forward to serving you as a