Last updated: 14th October 2015
Kitmondo.com is owned and maintained by Converted Media Ltd which is registered in England and Wales under company number 5553920. Please send all correspondence to Converted Media Ltd, The Core, Science Central, Bath Lane, Newcastle Upon Tyne NE4 5TF, United Kingdom. The use of this web site is subject to the following terms and conditions, which you should read carefully.
Kitmondo.com (hereafter referred to as “Kitmondo”, “Kitmondo.com”, “us”, “we” or “our”) provides an online platform for sellers of equipment to connect with buyers of equipment (the “Services”), which services are accessible at http://www.kitmondo.com (the “Site”). By using the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms and Conditions ("Terms"). If you do not accept these terms and conditions, please do not use this web site.
These Terms, together with (i) any additional terms and conditions specific to a particular purchase or sale (“Transaction”), which are incorporated herein by reference and can be found on the Transaction Agreement relating to the particular Transaction in question constitute the entire agreement between Kitmondo and the Member and supersede and replace any and all prior agreements between the parties.
DEFINITIONS AND INTERPRETATIONS
“Content” means text, images, graphics, videos, audio, software, information or other materials
“Kitmondo Content” means all the Content made available by Kitmondo on the Site, excluding Member Provided Content
“Member Provided Content” means all the Content uploaded to the Site by a Member
“Member” means a user that completes the Site registration process
“Buyer” means a Member that makes an enquiry through a For Sale Listing or creates a WantToBuy Listing on the Site
“Seller” means a Member that creates a For Sale Listing on the Site or who makes an enquiry through a WantToBuy Listing on the Site
“Listing” means a For Sale or WantToBuy listing on the Site
“Equipment” means the equipment represented in a Listing on the Site
“Transaction” means a purchase and sale of Equipment through the Site
Use of web site
The Site and Services are available for business users only.
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 Converted Media 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.
Only businesses and professional entities are allowed to use the Site or Services. By accessing or using the Site or Services you represent and warrant that you are an authorized representative of a business or professional entity.
The Site and Services can be used to facilitate the Listing of Equipment or to enter into a Transaction for equipment. Such Equipment is included in Listings on the Site by Members. You may view Listings as an unregistered visitor to the Site; however, if you wish to create a Listing or enter into a Transaction with another Member you must first register as a Member. Transactions may only be entered into for commercial or professional purposes and cannot be entered into by consumers.
Becoming a Member of Kitmondo enables you to create Listings and to enter into Transactions 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 membership to any third party.
Kitmondo reserves the right to terminate membership and deny access to the site to any person who violates these Terms. 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 these Terms.
Member Provided Content
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Provided Content. By making available any Member Provided Content on or through the Site or services, you hereby grant to Kitmondo a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Provided Content on, through, or by means of the Site or and Services.
You acknowledge and agree that you are solely responsible for all Member Provided Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Provided Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to Kitmondo the rights in such Member Provided Content, as contemplated under these Terms; and (ii) neither the Member Provided Content nor your posting, uploading, publication, submission or transmittal of the Member Provided Content or Kitmondo’s use of the Member Provided Content (or any portion thereof) on, through or by means of the Site or Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
As a Member, you may create Listings. These can be For Sale Listings or WantToBuy Listings. Listings will be made publicly available via the Site and Services. Other Members will be able to make enquiries via the Site or offer you equipment for sale via the Site based upon the information provided in your Listing.
You acknowledge and agree that you are responsible for any and all Listings you create on the Site.
You must have the legal authority to sell any 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 your 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.
For any information or content you include in your Listings 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; ii) all information you provide is true, accurate, current and complete, and does not violate these Terms; 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 Listings, 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.
Kitmondo reserves the right to remove any Listing on the Site at any time for any reason.
You must have the legal authority to sell the equipment that you include in a Listing on Kitmondo. You must describe the equipment accurately and honestly. Kitmondo is not responsible for errors made during submission of any listing.
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.
ALL EXPRESS OR IMPLIED REPRESENTATIONS REGARDING EQUIPMENT ARE THAT OF THE MEMBER 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 Site. In such an event, Kitmondo will not honour such Listings.
Kitmondo does not endorse any Members or any Equipment. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity.
By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Kitmondo with respect to such actions or omissions.
Unless you request and receive Kitmondo’s express written permission, you agree not to enter into an agreement to buy or sell Equipment with another Member if such Equipment or Member was first made known to you through the Site or Service. For the avoidance of doubt, you will be required, by means of a tick box, to agree to the following statement before sending a message to another Member via the Kitmondo platform:
I agree that a transaction connected to this enquiry has to be conducted through Kitmondo in order to comply with our terms and conditions.
By ticking the tick box next to this statement, you are expressly agreeing to complete a transaction through the Kitmondo platform.
In the event you complete a transaction with another Member outside the Kitmondo platform or otherwise breach this “Non-Circumvention” clause then you shall be responsible to Kitmondo for damages and losses sustained by Kitmondo. Such loses will be limited to the maximum fee Kitmondo should realise from the transaction together with any legal fees or costs incurred by Kitmondo in pursuing such damages and losses.
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 Services and may be stored by Kitmondo to keep you informed of products and services which may be of interest to you. If you do not wish to receive such information, please email firstname.lastname@example.org and your data will be removed.
All trademarks, service marks, logos, trade names and any other proprietary designations of Kitmondo used herein the property of Kitmondo. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
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.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site or Services, and (b) deactivate or cancel your Kitmondo membership. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event Kitmondo terminates these Terms, or your access to our Site or Services or deactivates or cancels your Kitmondo membership you will remain liable for all amounts due hereunder. You may cancel your Kitmondo membership at any time via by sending an email to email@example.com. Please note that if your Kitmondo membership is cancelled, we do not have an obligation to delete or return to you any Member Content you have posted to the Site or Services.
Kitmondo disclaim any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. Kitmondo 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.
IF YOU CHOOSE TO USE THE SITE OR SERVICES YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT KITMONDO DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, BUYERS AND SELLERS OF EQUIPMENT, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE AND SERVICES, KITMONDO CONTENT AND MEMBER PROVIDED CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, KITMONDO EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. KITMONDO MAKES NO WARRANTY THAT THE SITE, SERVICES, KITMONDO CONTENT AND MEMBER PROVIDED CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY EQUIPMENT, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. KITMONDO MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS OR EQUIPMENT, THE SERVICES OR KITMONDO CONTENT OR MEMBER PROVIDED CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY KITMONDO CONTENT OR MEMBER PROVIDED CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM KITMONDO OR THROUGH THE SITE OR SERVICES OR KITMONDO CONTENT OR MEMBER PROVIDED CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY BUYERS OR SELLERS. YOU UNDERSTAND THAT KITMONDO DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW OR INSPECT ANY EQUIPMENT. KITMONDO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, BUYERS AND SELLERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY KITMONDO.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE OR SERVICES, KITMONDO CONTENT OR MEMBER PROVIDED CONTENT, YOUR LISTINGS OR PURCHASE OR SALE OF ANY EQUIPMENT VIA THE SITE OR SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF KITMONDO WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER KITMONDO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR SERVICES, KITMONDO CONTENT OR MEMBER PROVIDED CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, KITMONDO CONTENT OR MEMBER PROVIDED CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES OR FROM YOUR LISTING OR PURCHASE OR SALE OF ANY EQUIPMENT VIA THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KITMONDO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL KITMONDO’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE OR SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR PURCHASE OR SALE OF ANY EQUIPMENT VIA THE SITE OR SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, OR SERVICES, OR KITMONDO CONTENT OR MEMBER PROVIDED CONTENT OR AND IN CONNECTION WITH ANY EQUIPMENT OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNT OF FEES OR COMMISSIONS COLLECTED BY KITMONDO WITH RESPECT TO THE EQUIPMENT OR TRANSACTIONS WHICH ARE THE SUBJECT OF THE CLAIM.
You agree to release, defend, indemnify, and hold Kitmondo and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Services, or Kitmondo Content or Member Provided Content or your violation of these Terms; (b) your Member Provided Content; (c) your (i) interaction with any Member, (ii) purchase or sale of an Equipment, (iii) creation of a Listing or (iv) the use, condition or sale of Equipment by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a purchase, sale or use of Equipment.
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."
All notices shall be in writing and may be delivered via email to firstname.lastname@example.org for notices to Kitmondo, or to the email address specified by the Member for notices to the Member. Alternatively, notices may be sent by certified mail, postage prepaid to Converted Media Ltd, The Core, Science Central, Bath Lane, Newcastle Upon Tyne NE4 5TF, United Kingdom. Kitmondo may also broadcast notices or messages on the Site, such broadcast shall constitute notice to Members.
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.