1. By clicking Sign Up and register a user account with Skykiwi, or being a person who uses (taking in its ordinary meaning) and views any contents of Skyiwi (hereinafter referred as to “User”), you expressly agrees that use of skykiwi.com and Apps is at your sole risk. Skykiwi does not warrant that skykiwi.com and Apps will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of skykiwi.com and Apps or as to the accuracy, reliability or content of any information service, or merchandise provided through skykiwi.com and Apps.
2. skykiwi.com and Apps is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion restriction or modification under the laws applicable to this agreement.
3. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract tortious behavior, negligence, or under any other cause of action. User specifically acknowledges that Skykiwi is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with user.
4. In no event will Skykiwi, or any person or entity involved in creating, producing or distributing skykiwi.com and Apps, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use skykiwi.com and Apps. User hereby acknowledges that the provisions of this section shall apply to all content on the site.
5. In addition to the terms set forth above neither, Skykiwi shall not be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within skykiwi.com and Apps whether or not such information is created by Skykiwi, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
6. Skykiwi is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, Skykiwi has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of skykiwi.com and Apps are those of the respective author(s) or distributor(s) and not of Skykiwi. Neither Skykiwi nor any third-party provider of information guarantees the accuracy, completeness or usefulness of any content, nor its merchantability or fitness for any particular purpose. Skykiwi shall not be liable for any loss or damage caused by any author or Users.
7. In many instances, the content available through skykiwi.com and Apps represents the opinions and judgments of the respective information provider, User, or other user not under contract with Skykiwi. Skykiwi neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on skykiwi.com and Apps by anyone other than authorized Skykiwi’s employee while acting in their official capacities. Under no circumstances will Skykiwi be liable for any loss or damage caused by a User's reliance on information obtained through skykiwi.com and Apps. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Skykiwi. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
8. Skykiwi does not provide any warranty in any aspects of any contents on the skykiwi.com and Apps that was not produced, created, or otherwise expressly claimed as products, article or information by Skykiwi. Skykiwi takes no responsibility on any disputes, claims or otherwise raisen from any such contents and the users shall indemnify Skykiwi in full of any liabilities, obligations to answer or produce.
9. The skykiwi.com and Apps, when applicable, provides a platform for the Users to trade second-hand products. Skykiwi does not take any responsibility nor control over the accuracy, truthfulness or otherwise of any product on the platform, nor does Skykiwi take any responsibility or control over the elected method of delivery by the User. Users agree that trading on skykiwi.com and Apps platform is at the own risk of the User and Skykiwi shall not be held, under any circumstances, liable for any losses, damages, costs or otherwise suffered by the User.
10. Force majeure – neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers(including providers of internet services and telecommunications). The performance of this agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this agreement.