How to become a trusted seller
  Browse     Search     Sell     My Account         My Kmp     Selling fees     Contact Us  
 
    Register     Sign In  
  Quick Search  

Advanced Search

  Categories  
Africa(33)
Artwork(1)
Australia(38)
Asia(41)
British Colonies(280)
Canada(146)
Europe(1314)
Great Britain(36)
Latin America(45)
Middle East(22)
New Zealand(106)
United Nations(0)
United States(76)
Worldwide(1)
Topical & Specialty(17)
Kiloware(1)
Albums & Supplies(0)
Sports Cards(0)
Sports Memorabilia(0)
Coins(0)
Under_9.99(14)

Terms & Conditions..gd.

The following describes the terms and conditions by which Karl Marquis Philately. permits you to access and use the services we provide. You are required to read, agree with and accept all of the following terms and conditions contained in this Agreement and the Privacy Policy before you become a member of Karl Marquis Philately. If you do not agree to be bound by the following Terms and Conditions, you may not use or access our services. If you have any questions, please contact us accordingly.

Welcome to the User Agreement for Karl Marquis Philately (herein referred to as the "Agreement"). This Agreement describes the terms and conditions applicable of your use for the services that we provide under the domain and sub-domains of www.kmphilately.com (herein referred to as the "Site").

Membership Eligibility

The services of this Site are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting to the following, our services are not available to persons under the age of 18, or to temporarily or indefinitely suspended Karl Marquis Philately members. If you are under the age of 18, you can use this Site only in conjunction with, and under the supervision of your parents or guardians. You may not transfer, or sell your Karl Marquis Philately account to another party. If you are registering a business entity, you are stating that you have the authority to bind the entity to this Agreement. If you do not meet these terms and conditions, you cannot register and you may not use this Site.

We may change our fees at any time and should such a change occur, by posting the changes on the Site, they will become effective after we provide you with at least seven (7) days notice. Certain taxes and government charges may be payable in relation to the purchase transactions. We accept no responsibility for such taxes and other government charges of transactions on the Site. Credits issued by the Site for any reason, including (but not limited to) registration credits, may only be used towards listing item(s) for sale and may not be used in any other manner, furthermore they may not be sold or transferred.

Listing Items for Sale

Listing an Item
As the seller, you must be legally able to sell the item(s) that you are listing for sale. You must provide an accurate and detailed description of the item, as well as any terms of sale clearly in the description. All sellers must offer the paypal payment option. You may include text and graphics relevant to the item in your description. You must also list your item in the appropriate category. You may not list illegal, threatening, harmful, harassing, or otherwise unlawful items (such as, but not limited to, child pornography, pornography, drugs, racist items). You may not list any item(s) for sale that are on the Prohibited Items list. You can view this list at the Info Centre.

Time Extensions
During the last minutes of an auction a lot receiving a bid will automatically receive a time extension.

Fraud
Without limiting any other remedies, we may suspend or terminate your account, without notice if we find you guilty of having engaged in fraudulent activity, or any other action prohibited by the use of this site.

Manipulation
Neither you, nor bidders, nor sellers may manipulate the price of any item nor may you interfere with another user's listings or transactions.

Bids are a Binding Contract
If you receive at least one bid at or above your stated minimum price (or reserve price), you are obligated to complete the transaction with the highest bidder (winning bidder) at the time the auction cycle is completed. If the buyer fails to meet the terms of your listing, or of the Site, you are released from this binding contract.

Your Information

Providing Your Information
You are solely responsible for the information you provide us, and/or other users in the registration, bidding, listing process, in any public message area or email. We act as a passive conduit for your online distribution and publication of your information. Your information shall not be (a) false, inaccurate, or misleading; (b) infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or privacy; (c) violate any law, or regulation, (d) only one registered user account is permitted per person and/or entity. Several user accounts per person/entity is forbidden without prior written permission from Karl Marquis Philately.

License
You agree to grant us (Karl Marquis Philately.) non-exclusive, worldwide, perpetual, irrevocable, royalty-free rights to exercise the copyright and publicity rights you have in your information so that we may use the information that you supply us without violating any rights you might have on or in that information.

Release
Because we are a venue, in the event that you have a dispute with one or more users, you agree to release KMPhilately.com and Karl Marquis Philately. (and all such persons, directors, agents and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with such disputes. You use our services at your own risk.


Identity Verification
We may use techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user authentication on the Internet is extremely difficult, we cannot and does not confirm each user's purported identity. To aid in protecting our buyers and sellers from fraudulent users and other deception, we have established a user-initiated feedback system that will allow you to efficiently evaluate with whom you are dealing. We also strongly encourage you to communicate directly with potential trading partners through the tools provided by the Site.

Control of Information
We do not control the information provided by other users which is made available through the Site. 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. There are risks when dealing with underage persons, or people acting under false pretence. By using this Site, you agree to accept such risks and that Karl Marquis Philately is not responsible for the acts or omissions of its users.

Bidding and/or Buying
As a buyer you are obligated to complete the transaction with the seller:
(1) If you purchased the item using the "Buy It Now" feature, or
(2) If you are the highest bidder at the end of an auction (meeting the applicable minimum or reserve bid requirements) and your bid is accepted by the seller.
(3) When paying for your purchase the use of cheque or cash is at your own risk. The credit card or Paypal payment method offers dispute resolution tools and chargeback not offered by KMPhilately.com
(4) Some lots, which have been approved by the auction web-site authority, are offered subject to a reserve price. In this case, on behalf of a consignor, the auctioneer reserves the right to bid on a listing without being held liable for errors or omissions.
(5) You are not obligated to complete the transaction if the transaction is prohibited by law or by this agreement.
(6) By bidding on an item, you agree to be bound by the terms and conditions of sale included in the item's description by the seller so long as those conditions of sale are not in violation of this Agreement or otherwise unlawful. Bids are not retractable except in the most extreme of exceptional circumstances.


Records on File
You agree to grant us (Karl Marquis Philately.) non-exclusive, worldwide, perpetual, irrevocable, royalty-free rights to keep the information that you provide us on file.

Your Activities and Use of the Site
Your activities on this Site shall not be (a) fraudulent or misleading; (b) involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trades secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation; (e) be unlawfully threatening, harassing or defamatory; (f) contain, produce, or upload any viruses, Trojan horses, worms, time bombs, Cancel-bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) create liability for us, or cause us to lose our services provided to, and/or provided by this Site. You agree that you will not use any robot, or other automated program, script or machine to access the site for any purpose without our express written consent. Additionally, you agree that you will not (a) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our servers; (b) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information, Signs and Flyers) from the Site without prior written permission from Karl Marquis Philately. and the third party applicable; (c) interfere or attempt to interfere with the proper working condition of the Site or any activities conducted on the Site.

Breach
Without limiting other remedies, we may limit your activity, immediately remove your bids or domain names; 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
Your privacy and protection is a major concern to us, and we understand clearly that you and your information are our most important assets. For a detailed description of your privacy and how we use your information, please read our privacy policy. If you object to your information being transferred or used in this way please do not use our services.

No Warranty
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE THE WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Liability Limit
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, OUR WEB SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY AND THE LIABILITY OF OUR 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 US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.

Indemnity
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, employees and representatives, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to, or arising out of, 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.

Legal Compliance
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our services and your bidding on, listing, purchase, solicitation of offers to purchase and sale of items.

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

Notices
Any and all notices must be served by registered mail to Karl Marquis Philately., and any notices from Karl Marquis Philately to you (A user of the site), shall be sent to the email address that you provided when registering on KMPhilately.com. That notice shall be deemed effective 48 hours after the email is sent. We may alternatively serve notice to you by registered mail to the address you provided to us during registration at KMPhilately.com. A notice sent by registered mail will be deemed effective 7 (Seven) days from the date of mailing.

Dispute Resolution
Any and all disputes, discrepancies, and disagreements between Karl Marquis Philately. and yourself shall first be addressed by both parties directly and resolved through mutual written agreement, if possible. Any unresolved disputes will then be addressed through binding arbitration in the Province of Quebec, Canada. You further agree and acknowledge that any action or cause of action is forfeited and any such right of action may only be resolved through the binding arbitration process.

General
This Agreement shall be governed in all respects by the laws of the Province of Quebec as such laws are applied to agreements entered into and to be performed entirely within Quebec between residents of Quebec. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Web Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable,
such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Karl Marquis Philately., in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

©Copyright 2007 www.kmphilately.com All Rights Reserved.