9.
Trading on Nui Markets and Limitation of Liability
While we strive to maintain a safe trading environment you accept that there are unfortunately
sometimes
risks when trading online and using Nui Markets, including dealing with underage or fraudulent
persons.
You will not hold Nui Markets responsible for other users' content, actions or inactions or items they
list. You acknowledge that Nui Markets is not a seller or an auctioneer. Nui Markets is only a venue
to allow anyone to offer, sell, and buy. We are not involved in the actual transaction between users. We
have no control over and do not guarantee the quality, safety or legality of items advertised, the truth
or accuracy of Users' content or listings, the ability of Users to sell items, the ability of Users to
pay
for items, the ability of Users to deliver items, the ability of Users to receive items or that a User
will actually complete a transaction in accordance with the terms agreed between Users.
When you enter into a transaction you must ensure that you comply with your obligations to that other
User and are aware of any laws relevant to you as a User. If another User breaches any obligation to
you,
you – not Nui Markets – are responsible for enforcing any rights that you may have.
You alone, and not Nui Markets, are responsible for ensuring that your listing, buying and selling
and
any other activities conducted on our site are lawful. You must ensure that you comply with all
applicable
laws in Australia and other countries. You must also ensure that you strictly comply with this Agreement
and the policies which form part of the Agreement.
We do not take ownership of the items at any time and do not transfer legal ownership of items from
User
to User. Further, we cannot guarantee continuous or secure access to the Nui Markets services, and
their
operation may be interfered with by numerous factors outside of our control. Accordingly, to the extent
legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any
loss
of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or
indirectly, out of your use of or your inability to use the Nui Markets services.
To the extent that Nui Markets is able to limit the remedies available under this Agreement,
Nui Markets expressly limits its liability for breach of a non-excludable statutory guarantee to the
following remedies:
(a)
the supply of the services again; or
(b)
the payment of the cost of having the services supplied again.