Kitmondo web site

This web site is owned and maintained by Kitmondo Ltd. The use of this web site is subject to the following terms and conditions, which you should ready carefully. By using this web site you agree to be legally bound by these terms and conditions. If you do not accept these terms and conditions, please do not use this web site.

Use of web site

All materials published on this web site, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips and flash animation, are protected by our copyrights or trademarks or those of our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display or in any way exploit any of the materials or content or this web site in whole or in part.

The technology and software underlying this web site is the property of Kitmondo Ltd, our affiliates and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in or otherwise transfer any right to the technology or software underlying this web site. You agree not to modify the software underlying this web site in any manner or form, or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to this website.

You hereby agree to indemnify, defend and hold Kitmondo Ltd, and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners and licensors (collectively, the "Kitmondo Parties") harmless from and against any and all liability, losses, costs and expenses (including legal fees) incurred by any Kitmondo Party in connection with any claim including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement or trademark infringement arising out of:

1. Your use of this web site
2. Your connection to this web site
3. Your violation of these Terms; or
4. Your violation of the rights of any other person or entity.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.

Disclaimers

We disclaim any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. We disclaim any responsibility for any service outages that are caused by our maintenance on the servers or the technology that underlies this web site failures of our service providers (including telecommunications, hosting and power providers) computer viruses, natural disasters or other destruction or damage of our facilities, an act of nature, war, civil disturbance or other cause beyond our reasonable control.

WE DO NOT WARRANT THAT THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON THIS WEB SITE. THIS WEB SITE AND ITS CONTENT IS DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) THIS WEB SITE WILL MEET YOUR REQUIREMENTS, (ii) THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS OR SERVICES OR OTHER MATERIAL THAT IS DESCRIBED ON THIS WEB SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEB SITE, ANY CONTENT OR ANY OUR SERVICES, TOOLS, PRODUCTS OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEB SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ANY PRICES DESCRIBED ON THIS WEBSITE ARE NON-BINDING. WE SHALL NOT BE LIABLE FOR THE AVAILABILITY OF PRODUCT OR SERVICES AT THE DISPLAYED PRICE.

ANY AVAILABILITY DESCRIBED ON THIS WEBSITE IS NON-BINDING. WE SHALL NOT BE LIABLE FOR THE AVAILABILITY OF PRODUCT OR SERVICES DISPLAYED ON THIS WEBSITE.

Kitmondo provides a destination for users who wish to buy or sell or negotiate the sale or purchase of equipment. Under no circumstances is Kitmondo involved in any transaction between its users and it will not be liable for any goods or services relating to the activities of its users. Kitmondo does not provide and warranties or representations concerning the quality, legitimacy, safety, or legality of any items listed, or the capacity of sellers to sell items or of buyers to buy items. Kitmondo has no responsibility for actions of third parties or for content provided or posted by others. In the event that a dispute arises relating to any use or activity on the Kitmondo website, you agree to release the Kitmondo Parties from claims, demands, and both actual and consequential damages of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are resident in California USA, you agree to waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing this release, which if known by him must have materially affected his settlement with the debtor."

Becoming a Member of Kitmondo enables you to create listings, respond to listings and to make contact with other Members. If you become a Member of Kitmondo, you accept responsibility for all activities that occur under your Membership, and agree not to sell, transfer or assign your Membership or any Membership rights. It is your responsibility to maintain the confidentiality of your Member ID and Password and you agree to accept responsibility for all activities that occur under your Membership. You may not transfer, assign or sell Your Account to any third party.

Kitmondo reserves the right to terminate Membership and deny access to the site to any person who violates these Terms and Conditions. If you are using the Site or our Services on behalf of a business entity, you represent that you have the authority to bind the entity to this Agreement.

"User Provided Information" is defined as information or content you provide to Kitmondo or other users during the use of the website including but not limited to registration information, content relating to a classified listing and information provided via the communication features. You represent and warrant: i) you own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in these Terms and Conditions; ii) all information you provide is true, accurate, current and complete, and does not violate these Terms and Conditions; iii) the content will not cause injury to any person or entity; iv) does not involve the sale of illegal, counterfeit or stolen items; (v) does not infringe any third party's copyright, patent or trademark.

For all such "User Provided information" and material, you grant Kitmondo, its affiliates and related entities, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future.

NONE OF THE EQUIPMENT LISTED ON THIS WEBSITE BELONGS TO KITMONDO. KITMONDO ACCEPTS NO RESPONSIBILTY FOR THE ACCURACY, AUTHENTICITY OR CONDITION OF EQUIPMENT LISTED AND OFFERS NO EXPRESS OR IMPLIED WARRANTY ON ANY EQUIPMENT. IT IS YOUR RESPONSIBILITY TO READ THE EQUIPMENT DESCRIPTION PROVIDED BY THE SELLER AND TO PHYSICALLY INSPECT THE EQUIPMENT PRIOR TO COMPLETING YOUR PURCHASE.

ALL EXPRESS OR IMPLIED REPRESENTATIONS REGARDING A EQUIPMENT ARE THAT OF THE SELLER AND NOT KITMONDO.

On occasion, unintentional, but material, errors may occur in the entry of condition, warranty, pricing and/or payment data that forms the basis of listings on the Kitmondo Website. In such an event, Kitmondo will not honour such listings.

You must have the legal authority to sell the equipment that you are listing on Kitmondo. You must describe the equipment accurately and honestly. Kitmondo is not responsible for errors made during submission of any listing. If there is an error in any listing it is the users responsibility to amend the listing using the editing tools provided on the site. You acknowledge that Kitmondo does not and cannot guarantee the placement and/or the timing of delivery of any listing, clicks on such listing or contact from other Members.

Kitmondo will endeavour to provide methods and features that enable Members to contact other Members. You agree only to contact another Member is you are genuinely interested in their listing. You shall not, and shall not allow any third party to use the methods or features for fraudulent or otherwise invalid reasons including spam, clickfraud etc.

We reserve the right to remove any content posted on our site at any time for any reason.

The Membership Fees applicable for the Kitmondo service are available at www.kitmondo.com and as published within the service.

Kitmondo shall issue invoices in respect of the Membership Fee and shall collect the Membership Fee from your credit card on a monthly basis.

The Membership Fee is exclusive of VAT or other sales tax which, if applicable to you, shall be payable by you at the then prevailing rate.

Kitmondo reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by email to the address you have most recently provided us).

In the event that the Membership Fee, as appropriate, is not collected in accordance with the provisions herein, Kitmondo may deny you access to the Services without notice.  

You acknowledge and agree that any credit card and related billing and payment information that you provide to Kitmondo may be shared by Kitmondo with companies who work on Kitmondo's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Kitmondo and servicing your account. Kitmondo may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Kitmondo shall not be liable for any use or disclosure of such information by such third parties.

You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on Kitmondo's own tracking of chargeable contact made between Members. Refunds (if any) are entirely at the discretion of Kitmondo.

By agreeing to be bound by these terms and conditions, you are consenting to us collecting and storing personal data about you. This data will be used to provide the service applied for and may be stored by Kitmondo Ltd to keep you informed of products and services which may be of interest to you. This data will not be used other than in the normal course of our business. If you do not wish to receive such information, please write to our registered office and your details will be removed.

Your Internet browser has a feature called "cookies" which stores small amounts of data on your computer about your visit this web site. You do not need to have cookies turned on to visit this web site, although active participation in certain areas may require cookies. You may elect not to allow cookies to be collected by adjusting your settings on your browser.

For more information about the data we collect, please read our Privacy Policy.

Copyright All rights, save as expressly granted, are reserved. Reproduction in any form of any part of the contents of this web site without our prior consent is prohibited.

This web site contains trade marks belonging to Kitmondo Ltd. The unregistered trademarks include graphics, logos, words, phrases and icons contained on this web site. No rights are granted in respect of any of the above trade marks. If you are in doubt whether an item is a trade mark of Kitmondo Ltd please contact us for clarification at the address below.

The terms and conditions of this web site are governed by the laws of England. And any dispute regarding this web site shall be subject to the exclusive jurisdiction of the English courts.

Changes to web site
The contents of this web site, including these terms and conditions of use are subject to change by us without notification.