TERMS OF USE

(Last updated June 2015)

To use the Kuz Site and Kuz Services, you must abide by these Terms of Use as well as any other written agreement(s) between Kuz Pty Ltd & you.

Kuz Pty Ltd reserves the right to change these Terms of Use from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review the Site and these Terms of Use. Your continued use of the Site and its Services, as defined in these Terms of Use, after any such modifications will constitute acknowledgment and acceptance of the modified Terms of Use.

BY USING THE SITE AND ITS SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT THE SITE AND DISCONTINUE USE OF THE SITE AND ITS SERVICES. YOUR SOLE REMEDY AGAINST KUZ PTY LTD AND ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES FOR DISSATISFACTION WITH THE SITE & ITS SERVICES, PRODUCTS OR OFFERINGS AVAILABLE ON THE SITE, OR THESE TERMS OF USE, IS TO CEASE USING THE SITE & ITS SERVICES, AND/OR THOSE PARTICULAR PRODUCTS OR OFFERINGS WITH WHICH YOU ARE DISSATISFIED. THESE TERMS ARE EFFECTIVE AND BINDING UPON YOU ONCE YOU USE THE SITE OR ANY OF ITS SERVICES.

  1. Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY Kuz Pty Ltd ("Kuz "). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.KUZ.COM.AU (THE "SITE") AND ALL SERVICES PROVIDED BY KUZ PTY LTD ON THE SITE.

Kuz and/or its affiliates provide website features and other products and services to you when you visit or shop at www.kuz.com.au, use Kuz products or services, use Kuz applications for mobile, or use software provided by Kuz in connection with any of the foregoing (collectively, Kuz Services). Kuz provides the Kuz Services subject to the following terms and conditions.

By using the Kuz Services in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of Kuz , including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.

If you have any questions, please refer to the Help section of the Site. By using Kuz Services and/or the Site, you agree to these conditions and Terms of Use and agree to be bound by this Agreement.

  1. The Site Is a Venue

You agree that the Site is a venue. As such, Kuz is not responsible or liable for any content (e.g., data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links) posted by you, other users, or outside parties on the Site. You use the Site and any other Kuz Services at your own risk.

The Site is a venue to allow users who comply with Kuz 's policies to offer, sell and buy certain electronic goods within a fixed-price format. Kuz is not directly involved in the transaction between buyers and sellers. As a result, Kuz has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Kuz does not pre-screen users or the content or information provided by users. Kuz cannot ensure that a buyer or seller will actually complete a transaction. Kuz holds no right, title, or interest in any products or items listed on the Site and does not transfer legal ownership of items from the seller to the buyer.

Kuz does not verify and cannot guarantee the true identity, age, and nationality of a user. Kuz encourages each user to communicate directly with potential transaction partners through the tools available on the Site.

  1. Membership Eligibility
  2. Age
  3. Kuz Services are available only to, and may only be used by, individuals who are 18 years or older who can form legally binding contracts under applicable law. By using the Site or any Kuz Services, you represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Kuz may, in its sole discretion, refuse to offer access to or use of the Site or any Kuz Services to any person or entity. Moreover, Kuz may change its user eligibility criteria at any time. This provision is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
  4. Individuals under the age of 18 must at all times use the Site or any other Kuz Services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.
  5. Compliance

You agree to abide by Kuz 's policies as stated in this Agreement and the Kuz policy documents listed below (if applicable to your activities on or use of the Site), as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Kuz , each of which is incorporated herein by reference and each of which may be updated by Kuz from time to time without notice to you.

  1. Compliance with Local Laws. You agree to comply with all local laws regarding online conduct and acceptable content.
  2. Compliance with Tax Laws. You are responsible for all applicable taxes.
  3. Password. Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Kuz of any unauthorized use of your password or any breach of security. You also agree that Kuz cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information to any other party other than Kuz without Kuz 's express written permission.
  4. Account Information. You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on the Site, you must provide and maintain valid payment information such as a valid PayPal account.
  5. Account Transfer. You may not transfer or sell your Kuz account and User ID to any other party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
  6. Right to Refuse Service. Kuz may refuse service to or for any user, for any reason, at any time. Kuz reserves the right, in Kuz's sole discretion, to temporarily or indefinitely suspend users of the Site or other Kuz Services. Kuz reserves the right, in Kuz 's sole discretion, to cancel unconfirmed or inactive accounts.
  7. Privacy Policy

Please review our Privacy Policy at www.kuz.com.au/privacy, which governs your use of Kuz Services, to understand our practices.

  1. Fees Policy

Joining and creating a listing on the Site is free. Kuz may charge fees for listing an item for sale, as well as a fee for the sale price when the item sells. When you list an item, you have an opportunity to review and accept the fees that you will be charged. Kuz 's Fees Policy (available online at http://kuz.com.au/policies ), which is subject to change at any time without notice to you, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for Kuz 's services are effective upon being published on the Site. However, Kuz may choose to temporarily change the Fees Policy and the fees for Kuz 's services for promotional events (e.g., free listing days). Such changes are effective when Kuz posts the temporary promotional event on the Site. Kuz may, at its sole discretion, change some or all of its services at any time. In the event Kuz introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in AUD.

You are responsible for paying all fees and applicable taxes associated with using the Site or any other Kuz Services.

  1. Marketplace Operation

In addition to these Terms of Use, you agree to the procedures and guidelines contained Kuz 's Market Policies (available online at http://kuz.com.au/policies),which are incorporated by reference into and made part of, these Terms of Use. Like these Terms of Use, Kuz may change Kuz 's Market Policies without notice to you, and any such changes will be effective immediately upon posting, regardless of whether or not you received notice of such change(s). You should refer regularly to Kuz 's Market Policies to understand the current procedures and guidelines. In the event there is a conflict between these Terms of Use and Kuz 's Market Policies, Kuz 's Market Policies shall supersede the Terms of Use and control use of the Site and the Marketplace.

  1. Product Listings. By listing an item on the Site, you warrant that you and all aspects of the item comply with Kuz 's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale. You are responsible for ensuring accuracy of all product listings, including but not limited to, pricing, model numbers, descriptions, images, available quantities, and item condition. Each listing must accurately and completely describe the item/items for sale in that listing. Each unique item must have its own listing. You are responsible for setting the listing price of each item to includeshipping costs in accordance with Kuz 's Sale fulfillment policies. Kuz may add a fee to any listing price for selling services.

Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. Kuz may reject and remove from the Site any text descriptions, graphics, pictures and other content posted by any user of the Site or other Kuz Services at its discretion.

  1. Rejection or Removal of Listings. Kuz may, in its sole discretion and determination, reject or remove product listings without notice to the Seller.
  2. No Endorsement by Kuz . Kuz neither endorses nor assumes any liability for any material uploaded or submitted by users on any part of the Site. Kuz and its agents reserve the right to remove any and all postings or listings that Kuz determines, in its sole discretion, do not comply with these Terms of Use and any other rules of user conduct for the Site, or are otherwise harmful, objectionable or inaccurate. You expressly understand and agree that Kuz is not responsible for any delay in removing such postings.
  3. Return Policies. All sellers are urged to outline return policies for their listing. Sellers must create reasonable policies in good faith and must abide by such policies. All return policies must comply with Kuz 's site-wide policies. Sellers are responsible for enforcing their own reasonable policies. Kuz reserves the right to request that a seller modify a listing return policy.
  4. Binding Sale. All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner. A sale may be voided under circumstances defined in Kuz 's Market Policies relating to Sale Voidance.
  5. Transaction Payments. Marketplace payments are to be made directly by the Buyer to the Seller via PayPal or another third-party payment provider as mutually agreed upon by the Buyer and Seller. Seller is solely responsible for ensuring proper payment is received from Buyer, including any necessary taxes and shipping expenses, before fulfilling the sale. Kuz shall not be liable for any consequential, incidental, special, punitive or indirect damages incurred by Buyer or Seller for insufficient payments or Seller's failure to ensure that proper payment was received from Buyer.
  6. Buyer and Seller Communication. Seller is responsible for providing support for any sale-related issues beyond functionality of the Site or the Kuz Marketplace. As a condition of using the Site and the Kuz Marketplace, Sellers agree to use his/her/its best efforts to offer support and assistance in the resolution of Buyers' concerns and disputes.

Communication between Buyer and Seller shall be conducted as outlined in Kuz 's Market Policies relating to Buyer and Seller Communication.

  1. Sale Fulfillment. The Seller is obligated to fulfill the order or otherwise complete the transaction with the Buyer in a prompt manner in accordance with Kuz 's Market Policies relating to Sale Fulfillment.
  2. Third-Party Sites and Information.

The Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While Kuz makes every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand and agree that Kuz is not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor is Kuz responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by Kuz , or any warranty of any kind, either express or implied.

  1. Prohibited, Questionable and Infringing Items and Activities

You are solely responsible for your conduct and activities on the Site and/or conduct or activities relating to or regarding any Kuz Services. You are also solely responsible for any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on the Site.

  1. Restricted Activities.

Your Content and your use of the Site or any other Kuz Services shall not:

  1. Be false, inaccurate or misleading;
  2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items;
  3. Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see alsoKuz 's Copyright and Intellectual Property Policy);
  4. Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  5. Contain items that have been identified by the Australian Competition and Consumer Commission (ACCC) as hazardous to consumers and therefore subject to a recall;
  6. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Kuz staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through, for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device;
  7. Be obscene or contain child pornography;
  8. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  9. Host images not part of a listing;
  10. Modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with Kuz ;
  11. Appear to create liability for Kuz or cause Kuz to lose (in whole or in part) the services of Kuz 's ISPs or other suppliers;
  12. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on Kuz .

Furthermore, you may not list any item on the Site (or consummate any transaction that was initiated using Kuz Services) that, by paying to Kuz the listing fee or the final value fee, could cause Kuz to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

  1. Content
  2. User's Grant of License In Favor of Kuz . Kuz does not claim ownership rights in your Content. You grant Kuz a license to use any information or Content you supply, but you agree that Kuz is not violating any rights you might have in any information or Content you supply to Kuz . You grant Kuz a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Kuz to store or re-format your Content on the Site and display your Content on the Site in any way Kuz chooses. Kuz will only use personal information in accordance with Kuz 's Privacy Policy.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another Kuz user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Kuz -related communications. Kuz has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Kuz user to your email or physical mail list. For more information, see Kuz 's Privacy Policy.

  1. Kuz 's Grant of License in Favor of User. Subject to your compliance with the Terms and Conditions, this Agreement, and your payment of any applicable fees, Kuz or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Site. This license does not include any resale or commercial use of any Kuz Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Kuz Service or its contents; any downloading or copying of account information for the benefit of another user, seller, buyer or merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in this Agreement are reserved and retained by Kuz or its licensors, suppliers, publishers, rightsholders, or other content providers. No Kuz Service, nor any part of any Kuz Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Kuz.You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Kuz without express written consent. You may not use any meta tags or any other "hidden text" utilizing Kuz 's name or trademarks without the express written consent of Kuz . You may not misuse the Site or any Kuz Services. You may use the Site and any other Kuz Services only as permitted by law. The licenses granted by Kuz terminate if you do not comply with this Agreement.
  2. Re-Posting Content. By posting Content on the Site, it is possible for an outside website or a third party to re-post that Content. You agree to indemnify, defend, and hold Kuz harmless for any dispute concerning this use. If you choose to display your own Kuz -hosted image on another website, the image must provide a link back to its listing page on Kuz .
  3. Idea Submissions. Kuz considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and Kuz shall not be liable for the disclosure or use of such Material. If, at Kuz 's request, any member sends Material to improve the site (for example through the Forums or to customer support), Kuz will also consider that Material to be non-confidential and non-proprietary, and Kuz will not be liable for use or disclosure of the Material. Any communication by you to Kuz is subject to this Agreement. You agree to grant, and hereby do grant, to Kuz , under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
  4. Information Control
  5. No Control of Content by Kuz . Kuz does not control the Content provided by users that is made available on Kuz . You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. By using the Site or any Kuz Service, you assume all risk.
  6. International Transactions. There may be risks dealing with international trade and foreign nationals. By using the Site or any Kuz Service, you agree to accept such risks and you expressly agree that Kuz (and Kuz 's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for acts or omissions of users on the Site. Please use caution, common sense, and practice safe buying and selling when using the Site.
  7. Other Resources. Kuz is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Kuz does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Kuz shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
  8. Resolution of Disputes and Release
  9. Disputes with Kuz . In the event a dispute arises between you and Kuz , please contact Kuz . Any dispute arising from or relating to the subject matter of this Agreement shall be litigated in Victoria.The Site (excluding any third-party sites) is controlled by Kuz from its offices in Melbourne, and the statutes and laws Victoria shall be controlling, without regard to the conflicts of laws principles thereof. You agree and hereby submit to the exclusive personal jurisdiction and venue of Victorian courts or Australian Federal court with respect to any disputes arising from or relating to the subject matter of this Agreement and these Terms of Use.

Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Kuz agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

  1. Disputes with Users or Third Parties. In the event a dispute arises between you and another user or a third party, Kuz has no obligation to resolve or to attempt to resolve such dispute. You release Kuz and its officers, directors, agents, subsidiaries, joint ventures and employees from any and all claims, demands and damages (actual and/or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute between you and another user or a third party. Kuz encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

Kuz may, for the benefit of users, try to help users resolve disputes. However, Kuz does so in its sole discretion, and Kuz has no obligation to resolve disputes between users or between users and outside parties. To the extent Kuz attempts to resolve a dispute, Kuz will do so in good faith based solely on Kuz 's policies. Kuz will not make judgments regarding legal issues or claims.

  1. Kuz 's Intellectual Property

Kuz , and other Kuz graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Kuz Pty Ltd in Australia and/or other countries. Kuz 's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

  1. Access and Interference

Kuz may contain robot exclusion headers that contain internal rules for software usage. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to Kuz by Kuz 's 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 whatsoever, except to the extent expressly permitted by and in compliance with Kuz 's API Terms of Use or otherwise without Kuz 's prior express written permission. Additionally, you agree that you will not:

  1. Take any action that imposes, or may impose, in Kuz 's sole discretion, an unreasonable or disproportionately large load on Kuz 's infrastructure;
  2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) from the Site except to the extent expressly permitted by and in compliance with Kuz 's API Terms of Use or otherwise without the prior express written permission of Kuz and the appropriate third party, as applicable;
  3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
  4. Bypass Kuz 's robot exclusion headers or other measures Kuz may use to prevent or restrict access to the Site
  5. Breach

Without limiting any other remedies, Kuz may, without notice, and without refunding any fees, delay or immediately remove content, warn Kuz 's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

  1. Kuz suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein;
  2. Kuz is unable to verify or authenticate any of your personal information or Content; or
  3. Kuz believes that a user is acting inconsistently with the letter or spirit of Kuz 's policies, has engaged in improper or fraudulent activity on the Site or in connection with Kuz or the actions may cause legal liability or financial loss to Kuz 's users or to Kuz .
  4. Privacy

Except as provided in Kuz 's Privacy Policy, Kuz will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. Kuz stores and processes Content on computers located in the USA, Australia & elsewhere in the world that are protected by physical as well as technological security.

  1. DISCLAIMER OF WARRANTIES

Kuz , Kuz 'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND KUZ'S SUPPLIERS PROVIDE THE SITE AND KUZ SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. KUZ & KUZ'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND KUZ'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE SITE, KUZ’S SERVICES, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR THROUGH KUZ SERVICES ARE PROVIDED BY KUZ ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. KUZ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO ANY KUZ SERVICES, THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR OTHER SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE & ITS SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KUZ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KUZ DOES NOT WARRANT THAT THE SITE OR ITS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR ELECTRONIC COMMUNICATIONS SENT FROM KUZ ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KUZ WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY ITS SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

FURTHER, KUZ SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OFFERINGS OR CONTENT ON THE SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH A THIRD PARTY THROUGH THE SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM KUZ SHALL CREATE ANY WARRANTY.CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. PLEASE CONSULT THE LAW IN YOUR JURISDICTION.

  1. LIMITATION OF LIABILITY

IN NO EVENT SHALL KUZ AND/OR (AS APPLICABLE) ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, KUZ, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

KUZ 'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF KUZ 'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO KUZ IN THE 12 MONTHS PRIOR TO THE ACTION OR EVENT GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

  1. INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD KUZ AND (AS APPLICABLE) KUZ'S PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OR MISUSE OF THE SITE OR ANY KUZ SERVICES, YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY. KUZ RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH KUZ IN ASSERTING ANY AVAILABLE DEFENSES.

  1. No Guarantee

Kuz does not guarantee continuous, uninterrupted access to the Site. Operation of the Site may be interfered with by numerous factors outside Kuz 's control. You understand and agree that temporary interruptions of the site may occur as normal events that are out of Kuz 's control. You also understand and agree that Kuz has no control over the third-party networks or service(s) that Kuz may use to provide the Site and/or Kuz Services to you. You agree that the Site and any Kuz Services are provided AS IS and that Kuz assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

  1. Legal Compliance; Taxes

Your use of the Site and any Kuz Service is subject to all applicable laws and regulations. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on Kuz 's net income).

  1. Confidentiality
  2. Content and Communications With Kuz Treated as Non-Confidential. All information and communications sent by you to Kuz will be treated as non-confidential and non-proprietary (subject to Kuz 's privacy policy). Please do not submit confidential or proprietary information to Kuz (including patentable ideas, new content suggestions or business proposals) unless you and Kuz have mutually agreed in writing otherwise. Idea and information that Kuz receives unsolicited will be treated as property owned by Kuz and will not be returned to you.
  3. Compliance With Law Enforcement and Other Investigative Agencies. Kuz does not routinely inspect or disclose any information or communications received from users. However, Kuz makes every effort to comply with law enforcement officials or other investigative agencies to prevent crime and/or the sale of stolen goods or products on the Site. Kuz reserves the right to inspect or disclose to any third party and for any reason whatsoever any information provided by you to Kuz , including but not limited to, compliance with the Australian Privacy Law, or as otherwise required by law or by court or governmental order.
  4. Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

  1. No Agency

You and Kuz are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

  1. Modification or Termination of Kuz Services

Kuz reserves the right to modify or terminate any Kuz Service for any reason, without notice to you, at any time. Kuz reserves the right to alter these Terms of Use or other Site policies at any time without notice to you, so please review the policies frequently. If Kuz makes a material change to this Agreement or to its Terms of Service, Kuz will attempt to notify you here, by email, by means of a notice on Kuz 's home page, or other place(s) Kuz deems appropriate. What constitutes a "material change" will be determined at Kuz 's sole discretion, in good faith, and using common sense and reasonable judgment.

  1. Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Victoria.

  1. Notices
  2. Notice to Kuz . Except as explicitly stated otherwise, any notices shall be given by postal mail to Kuz , Pty ltd; Attn: Legal Department 289 Broadway Reservoir 3073. Notice shall be deemed given upon receipt by Kuz .

For issues with intellectual property, you must provide notice as specified in Kuz 's Copyright and Intellectual Property Policy.

  1. Notice to User(s). Except as explicitly stated otherwise, any notices shall be given by Kuz to you at the email address you provide to Kuz either during the registration process or when your email address changes. Notice shall be deemed given 24 hours after the email is sent.Alternatively, Kuz may give you notice by registered mail to the address provided to Kuz . In such case, notice shall be deemed given three days after the date of mailing.
  2. Disclosures

The services hereunder are offered by Kuz Pty Ltd 289 broadway reservoir 3073

  1. Entire Agreement

This Agreement contains the entire agreement and understanding of the parties with respect to its subject matter and supersedes any prior or contemporaneous written or oral representations, discussions, proposals, understandings, Terms of Service, and the like respecting the subject matter hereof.