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Our terms and condition |
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User Agreement For buy and sell
THE FOLLOWING DESCRIBES THE TERMS ON WHICH kaunia.COM OFFERS YOU ACCESS TO
OUR SERVICES.
Welcome to the user agreement (the "Agreement" or "User Agreement") for
kaunia. This Agreement describes the terms and conditions applicable to
your use of our services available under the domain and sub-domains of
http://www.kaunia.com/ (the "Site") (including stores.kaunia.com) and the
general principles for the websites of our subsidiaries and affiliates. If
you do not agree to be bound by the terms and conditions of this Agreement,
do not use or access our services.
If you have any questions, please refer to our email us at webteam@kaunia.com.
You must read, agree with and accept all of the terms and conditions
contained in this User Agreement and the Privacy Policy, which include those
terms and conditions expressly set out below and those incorporated by
reference, before you may become a member of kaunia. We strongly recommend
that, as you read this User Agreement, you also access and read the
information contained in the other pages and websites referred to in this
document, as they may contain further terms and conditions that apply to you
as an kaunia user. Please note: underlined words and phrases are links to
these pages and websites. By accepting this User Agreement, you also agree
that your use of other kaunia websites will be governed by the User
Agreement and Privacy Policy posted on those websites.
Membership Eligibility.
Our 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, our services are not available to children (persons under the
age of 18) or to temporarily or indefinitely suspended kaunia members. If
you are a under the age of 18, you can use this service only in conjunction
with, and under the supervision of your parents or guardians. If you do not
qualify, please do not use our Site. Further, your kaunia account
(including feedback) and kaunia ID may not be transferred or sold to
another party. If you are registering as a business entity, you represent
that you have the authority to bind the entity to this Agreement.
Fees and Services.
Joining and bidding on items at kaunia is free. We do not charge any fees
for listing items for sale through Auction and Classified service. We may
charge a small fee to listing items for sale through FixedPrice on our Site
and when you list an item you have an opportunity to review and accept the
fees that you will be charged. We change corporate clients to run stores on
our sub-domains (http://www.stores.kaunia.com) which is covered in writing
and signed by store owner and kaunia.com. You are responsible for paying
all fees associated with using our service and the Site and all applicable
taxes.
kaunia is a Venue.
3.1 kaunia is not an Auctioneer. Although we may referred to as an online
auction web site, it is important to realize that we are not a traditional
"auctioneer." Instead, the Site acts as a venue to allow anyone to offer,
sell, and buy just about anything, at anytime, from anywhere, in a variety
of pricing formats, including a fixed price format and an auction-style
format commonly referred to as "online auctions" or "auctions." We are not
involved in the actual transaction between buyers and sellers. As a result,
we have no control over the quality, safety or legality of the items
advertised, the truth or accuracy of the listings, the ability of sellers to
sell items or the ability of buyers to pay for items. We cannot ensure that
a buyer or seller will actually complete a transaction. Consequently, we do
not transfer legal ownership of items from the seller to the buyer, and
nothing in this agreement shall modify the governing provisions of Com. Code
§ 2401(2) and Uniform Com. Code § 2-401(2), under which legal ownership of
an item is transferred upon physical delivery of the item to the buyer by
the seller.
3.2 Fixed Price Marketplace. We offer you the availability to purchase items
at a fixed price from a service on an area of the site. This area is a venue
that allows users to find and purchase items from other users at a fixed
price.
3.3 Classified. We also offer you the ability to response to a classified
ad. This area is a venue that allows users to find services or items from
other users who are looking for a person-to-person negotiation before
trading such service or item.
3.4 Identity Verification. We use many techniques to verify the accuracy of
the information our users provide us when they register on the Site.
However, because user verification on the Internet is difficult, kaunia
cannot and does not confirm each user's purported identity. Thus, we have
established a user-initiated feedback system to help you evaluate with whom
you are dealing. We also encourage you to communicate directly with
potential trading partners through the tools available on the Site and off
the Site. You may also wish to consider using a third party escrow service
or services that provide additional user verification.
3.5 Information Control. We do not control the information provided by other
users that is made available through our system. You may find other user's
information to be offensive, harmful, inaccurate, or deceptive. Please use
caution, common sense, and practice safe trading when using the Site. Please
note that 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 this Site, you
agree to accept such risks and kaunia is not responsible for the acts or
omissions of users on the Site.
Bidding and Buying.
As a buyer, you are obligated to complete the transaction with the seller:
if you purchase an item through one of our fixed price formats; or
if you are the highest bidder at the end of an auction (meeting the
applicable minimum bid or reserve requirements) and your bid is accepted by
the seller.
By bidding on an item you agree to be bound by the conditions of sale
included in the item's description so long as those conditions of sale are
not in violation of this Agreement or unlawful. Unless you and the seller
agree otherwise, you will become the item's lawful owner upon physical
receipt of the item from the seller, in accordance with Com. Code § 2401(2)
and Uniform Com. Code § 2-401(2). Bids are not retractable except in
exceptional circumstances, such as: when the seller materially changes the
item's description after you bid; a clear typographical error is made; you
cannot authenticate the seller's identity; or when the seller does not
confirm your purchase in the fixed price area of our services. If you choose
to bid on mature audience items or items that are restricted to adult use,
you are certifying that you have the legal right to purchase such items.
Listing and Selling.
5.1 Listing Description. You must be legally able to sell the item(s) you
list for sale on the Site. You must describe your item and all terms of sale
on the listing page of the Site. Your listings may only include text
descriptions, graphics, pictures and other content relevant to the sale of
that item. All listed items must be listed in an appropriate category. All
items in multiple item listings must be identical. All auction listing must
not contain negotiable price information or seller's direct contact
information or any information that indicate intention of bypassing kaunia
system.
5.2 Market Price. You must not put too high Reserve Price or unreal Market
Price on your listing.
5.3 Binding Bids. Except for items listed in a category under the
Non-binding Bid Policy, if you receive at least one bid at or above your
stated minimum price (or in the case of reserve auctions, at or above the
reserve price), you are obligated as the seller to complete the transaction
with the highest bidder upon the auction's completion, unless there is an
exceptional circumstance, such as: (a) the buyer fails to meet the terms of
your listing (such as payment method), or (b) you cannot authenticate the
buyer's identity.
5.4 Fraud. Without limiting any other remedies, kaunia may suspend or
terminate your account if we suspect that you (by conviction, settlement,
insurance or escrow investigation, or otherwise) have engaged in fraudulent
activity in connection with the Site.
5.5 Manipulation. Neither you, bidders nor sellers may manipulate the price
of any item nor may you interfere with other user's listings or
transactions.
Your Information.
6.1 Definition. "Your Information" is defined as any information you provide
to us or other users in the registration, bidding or listing process, in any
public message area (including the Café or the feedback area) or through any
email feature. You are solely responsible for Your Information, and we act
as a passive conduit for your online distribution and publication of Your
Information.
6.2 Restricted Activities. Your Information (or any items listed) and your
activities on the Site shall not: (a) be false, inaccurate or misleading;
(b) be fraudulent or involve the sale of counterfeit or stolen items; (c)
infringe any third party's copyright, patent, trademark, trade secret or
other proprietary rights or rights of publicity or privacy; (d) violate any
law, statute, ordinance or regulation (including, but not limited to, those
governing export control, consumer protection, unfair competition,
antidiscrimination or false advertising); (e) be defamatory, trade libelous,
unlawfully threatening or unlawfully harassing; (f) be obscene or contain
child pornography or, if otherwise adult in nature or harmful to minors,
shall be posted only in the Mature Audiences section and shall be
distributed only to people legally permitted to receive such content; (g)
contain any viruses, Trojan horses, worms, time bombs or other computer
programming routines that may damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or personal
information; (h) create liability for us or cause us to lose (in whole or in
part) the services of our ISPs or other suppliers; and (i) link directly or
indirectly to or include descriptions of goods or services that: (aa) are
prohibited under this Agreement; (bb) are identical to other items you have
up for auction but are priced lower than your item's reserve or minimum bid
amount; (cc) are concurrently listed for sale on a web site other than
kaunia's (this does not prevent linking to or advertising an kaunia item
from another web site); or (dd) you do not have a right to link to or
include. Furthermore, you may not list any item on the Site (or consummate
any transaction that was initiated using our service) that, by paying to us
the listing fee or the final value fee, could cause us to violate any
applicable law, statute, ordinance or regulation, or that violates our
current Prohibited, Questionable and Infringing Items.
6.3 License. Solely to enable kaunia to use the information you supply us
with, so that we are not violating any rights you might have in that
information, you agree to grant us 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 Your Information, in any media now known or not currently known,
with respect to Your Information. kaunia will only use Your Information in
accordance with our Privacy Policy.
Access and Interference.
The Site contains robot exclusion bfonts. Much of the information on the
Site is updated on a real time basis and is proprietary or is licensed to
kaunia by our users or third parties. You agree that you will not use any
robot, spider, scraper or other automated means to access the Site for any
purpose without our express written permission. Additionally, you agree that
you will not: (i) take any action that imposes, or may impose in our sole
discretion an unreasonable or disproportionately large load on our
infrastructure; (ii) copy, reproduce, modify, create derivative works from,
distribute or publicly display any content (except for Your Information)
from the Site without the prior expressed written permission of kaunia and
the appropriate third party, as applicable; (iii) interfere or attempt to
interfere with the proper working of the Site or any activities conducted on
the Site; or (iv) bypass our robot exclusion or other measures we may use to
prevent or restrict access to the Site.
Feedback.
8.1 Integrity. You may not take any actions that may undermine the integrity
of the feedback system. We may limit the number of bids and listings you may
place on the Site based upon the level of your feedback. If you earn a net
feedback rating of -4 (minus four), your membership may be suspended, and
you may be unable to list or bid.
8.2 Export. You acknowledge that your feedback consists of comments left by
other users and a composite feedback number compiled by kaunia, 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 kaunia users, you agree that you
shall not market or export your kaunia feedback rating in any venue other
than an kaunia operated website.
8.3 Import. We do not provide you the technical ability to import feedback
from other (non-kaunia operated) websites to kaunia because a composite
number, without the corresponding feedback does not reflect your true online
reputation within our community.
Breach.
Without limiting other remedies, we may limit your activity, immediately
remove your bids or item listings, warn our community of your actions, issue
a warning, temporarily suspend, indefinitely suspend or terminate your
membership and refuse to provide our services to you if: (a) you breach this
Agreement or the documents it incorporates by reference; (b) we are unable
to verify or authenticate any information you provide to us; or (c) we
believe that your actions may cause financial loss or legal liability for
you, our users or us.
Privacy.
We do not sell or rent your personal information such as your name, credit
card information, and billing address to third parties for their marketing
purposes without your explicit consent and we only use your information as
described in the Privacy Policy. We view protection of users' privacy as a
very important community principle. We understand clearly that you and your
information is one of our most important assets. We store and process your
information on computers located in the United States that are protected by
physical as well as technological security devices. We use third parties to
verify and certify our privacy principles. Our current Privacy Policy is
available at http://www.kaunia.com/php/privacy-policy.php. If you object
to your Information being transferred or used in this way please do not use
our services.
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Softway Computer |
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Computer sales, accessories sales,Servicing & repairing and networking solutoin |
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