1.1 Acceptance of terms
and conditions: The terms and conditions set out below are
the terms on which KcKpers Ltd offers you access to the
KcKpers Ltd information booklets. By registering this booklet
you accept these terms and conditions. If you do not accept
these terms and conditions, you must refrain from using
the information contained in theis booklet
1.2 Amendment of terms
and conditions: These terms and conditions may be updated
from time to time. Amendments will be effective immediately
upon notification on the kckpers.com web site. You are responsible
for ensuring you are familiar with the latest terms and
conditions and your continued use of the services represents
your agreement to be bound by the terms and conditions as
amended.
2.1 Description of the KcKpers Ltd service: KcKpers Ltd
provides this information to you so that you can create
a big screen TV projection system. KcKpers Ltd only offer
this information, and does not take any part in the creation
or usage of the final outcome of the information provided
in this booklet or on the KcKpers.com web site
2.2 At your own risk: Creating and using the information
in this booklet is at your own risk You agree that KcKpers
Ltd takes no responsibility for any mishaps that may occur
from using this information without limitation, damages
to yourself or personal property. KcKpers Ltd gives no warranties
as to the content, safety, description or legality of the
items that are listed within this information booklet/
2.3 Disclaimer: You
expressly understand and agree that:
a. Your use of KcKpers Ltd is at your sole risk. To the
extent permitted by law KcKpers Ltd expressly disclaims
all conditions or warranties, which would otherwise be implied
into these terms and conditions, including, but not limited
to, any warranties of merchantability, fitness for a particular
purpose, and non-infringement.
b. KcKpers Ltd makes no warranty that i) the services provided
will be uninterrupted, timely, secure, or error free, ii)
that the information provided on the web site is error-free
or reliable, iii) that the final outcome of any DIY projected
created will cause no harm if not properly followed and
correct safety measures are adhered to
c. No advice or information that is obtained by you from
KcKpers Ltd or any member or otherwise shall create any
warranty not expressly stated in the Terms and Conditions.
d. We do not accept responsibility for any loss or damage
however caused (including through negligence) which you
may directly or indirectly suffer in connection with your
use of this web site or any linked web site nor do we accept
any responsibility for any such loss arising out of your
use or reliance on information contained on or accessed
through this web site, nor do we accept responsibility for
the conduct of other members or third parties.
e. Responsibility for the content of advertisements appearing
on this web site (including hyperlinks to advertisers own
web sites) rests solely with the advertisers. The placement
of such advertisements does not constitute a recommendation
or endorsement by us and each advertiser is solely responsible
for any representations made in connection with its advertisement.
3.0 Liability and Indemnity:
You agree that:
a. We will be under no liability to you in respect of any
loss or damage (including indirect, special or consequential
loss or damage) which may be suffered or incurred by you
or which may arise directly or indirectly as a result of
your use of the services offered on this web site or in
respect of any act, failure, omission or breach of these
terms and conditions by any member or another party to a
transaction.
b. You release and indemnify us against all actions, claims
and demands (including the cost of defending or settling
any action, claim or demand) which may be instituted against
us and arising out a failure by us to comply with these
terms and conditions or a failure by the other party to
a transaction to comply with these terms and conditions
or to complete a transaction.
c. You also release and indemnify us against all actions,
claims and demands (including the costs of defending or
settling any action, claim or demand) which may be instituted
against us arising out of any act or omission on your part,
including but not limited to a failure by you to comply
with your obligations under these terms and conditions.
d. System Integrity: KcKpers Ltd will make the best possible
efforts to ensure the best possible availability of the
KcKpers Ltd web site and services, however KcKpers Ltd takes
no responsibilty for any lack of system availability, or
any losses that are incurred as a result of site availability
or performance. No responsibility is assumed by KcKpers
Ltd for the corruption of any of the data held by Trade
Me.
e. Force Majeure: We accept no liability for any failure
to comply with these terms and conditions where such failure
is due to circumstances beyond our reasonable control.
f. No Waiver: If we do not exercise any rights available
to us under these terms and conditions on one occasion,
it is not a waiver of those rights.
g. Partial Invalidity: If any provision of these terms and
conditions are held to be invalid, unenforceable or illegal
for any reason, that provision shall be severed and the
remaining terms and conditions shall continue in full force
and effect.
h. Governing Law: These terms and conditions are governed
by the laws of New Zealand.
i. Termination of Access: Access to this web site and services
may be terminated at any time by us without notice. Our
disclaimer will survive any such termination.
j. Copyright: Copyright in this web site (including, graphics,
logos, icons, sound recordings some text and software) is
owned or licensed by us. You may not without our written
permission, in any form or by any means:
a. Adapt, reproduce, store, distribute, print, display,
perform, publish or create derivative works from any part
of this web site; or
b. Commercialise or on- sell any information, items obtained
from any part of this web site.
