Terms and Conditions

Effective from July 1, 2012

These terms and conditions may change at any time and without notice, you are advised to check these terms and conditions every time you use the site.

This is a legal agreement between you and Communikai (the web site), please read it carefully. By using or accessing this website or any website hosted at Communikai, or by accessing or using any part of the Communikai services (together with the Sites, the Service), you agree to be bound by these Terms of Service and by the Communikai Privacy Policy, which are collectively referred to as the Agreement. If you do not agree to these terms then you have no right to access or use the Service. The terms of this Agreement, as modified by Communikai from time to time in accordance with the following, will govern all your future use of the Service.

Definitions

"Communikai" means the web site Communikai, and can take the form of, and not limited to 'communikai.com', 'communikai.com.au', '*.communikai.com.au' and other related sites developed by Communikai Pty Ltd.
"Supplier" is any user that provides products or services.
"Buyer" is any user that orders a product or service or provides a product or service through the communikai site.
"Customer" is any user that orders a product or service through the communikai site.
"User" is any person who visits or uses the site for any purpose.
"Website" refers to www.communikai.com.au, or www.communikai.com
"Terms" refers to the Terms and Conditions laid out here

Your access to the Website and the information it contains is subject to the Terms and Conditions ('Terms') set out below. It is your responsibility to read these Terms before using the Website, and when using the Website you agree to be bound by these Terms. Communikai reserves the right to amend these Terms at any time and without notice by posting the amended Terms on the Website. All amended Terms will be effective immediately. If you do not agree with any of these Terms you must not use the Website. Communikai recommends that you keep yourself familiar with the terms and conditions.

Communikai reserves the right to refuse access to or remove the profile, data and files of any user, at any time with its sole discretion and without notice, for any user who abuses the Terms and/or the Website, or who uses the site to abuse or cause loss or damage to another.

When you access the Website, you are using web applications and functionality which is the intellectual property of or licensed by Communikai Pty Ltd. For each visit, Communikai Pty Ltd grants you a non-exclusive license to use the functionality associated with the Website for the duration of the visit and for the sole purpose of providing the services of the site.

Responsibility

Communikai Pty Ltd is essentially a software development company so is not responsible for shipping goods or taking payment on behalf of buyers, suppliers or users for their purchases. The website brings buyers and suppliers together and it is the responsibility of the supplier to collect payment from buyers.

Suppliers are responsible for the provision of the information and services specified. Communikai assumes no liability for any pricing, product defects, delivery, or disputes between users. All prices listed on the site are valid for the terms specified by your agreement with the supplier.They may be amended or removed at any time by the supplier without notice.

Communikai does not accept any responsibly for details contained on the website supplied by the suppliers, buyer or other users; it accepts no responsibility for any inaccuracy, information piracy, incompleteness, pricing, loss of data or other content made available on the site by any user. It will not be held accountable for any downtime caused directly or indirectly though services or providers, internet hosting, upgrades, bug fixes, enhancements or other issues that may cause the system to run slow or not at all.

Communikai is not an agent or partner of any supplier listed or not listed on the site. The products and services listed on the Website are provided by each Supplier for informational purposes only. Communikai, its directors, shareholders or employees do not endorse any product, supplier or service listed on the website. You should not use this information in situations where its inaccuracy would cause you to suffer any loss.

Responsibility for Data

You are advised to and have sole responsibility to keep a backup of all your data and files that you store on Communikai servers through use of the service. You acknowledge and agree that Communikai will not be responsible for any failure of the service to store data or files, for the deletion of a data or files stored on the service, or for the corruption of or loss of any data or files or information or content contained in a data or files.

Cost for File Storage

Communikai reserves the right to change any user fees for service. Users will be made aware of what these fees will be, allowing a term of 14 days file retrieval prior to charges being imposed.

Buyers

By accepting these Terms and Conditions you agree that:

You are an experienced buyer of the product you are procuring and are aware of risks and errors that may occur in the manufacturing or delivery processes of that product or service.
You are aware that not all Suppliers can supply exactly the same product, and that products from different Suppliers may vary due to thresholds in manufacturing processes or raw materials.
It is your responsibility to ensure the quality and reliability of Suppliers and their products prior to placing an order with them.
You understand you may incur a cancellation fee from Suppliers if you cancel any job, during at any stage after you have placed an order.
If you provide misleading or inaccurate information in your order, or if you provide information or files that do not conform to Suppliers requirements, you may incur additional charges by the Suppliers.
You will settle any disputes regarding products, pricing and delivery directly with the relevant Suppliers or Couriers and exclude Communikai from any such liabilities.
Any turnaround times listed by the Suppliers are from the time that the Supplier receives an authority to proceed by you. This does not constitute the time that the order is placed.

Suppliers

By accepting these Terms and Conditions you agree to:

Provide to the buyer any product or service that you have listed or accept to quote on the website.
Settle any disputes directly with the customer removing Communikai from any liability.
Make available your trading terms and conditions on your website or customer documentation.
Accept all orders placed by Buyers except in the case that:
- You cannot produce the job in the time frame required by the buyer.
- The job infringes on copyright, is illegal matter, or you have a moral, religious or legal obligation not to accept the job.
- If you cannot produce a job for any reason, you agree that you will communicate to the buyer a reasonable explanation for doing so in a timely manner.
Pay any fees due to Communikai once you have accepted a job request. Job cancellations or non-acceptance of jobs based upon the criteria outlined above do not exclude you from payment of Communikai fees once you have agreed to accept a job request. It is your responsibility to recover any loss directly from the customer.
Communicate any additional charges relating to any job to the Buyer, and recover them directly from the Buyer. No additional charges will be borne by Communikai.
Provide product prices on the Website inclusive of but not limited to file downloading, file checking / flight checking, production, delivery, taxes and duties as prescribed on the job request and the site. No other fees can be added to the cost of the job except in the case that the buyer has not supplied the correct details of the job or not in a format as outlined in your terms and conditions.
To collect payment from the Buyer. Communikai does not collect payment from the buyer behalf of the supplier.

Liability

By accepting these terms and conditions you (the User) agree that Communikai will not be held liable for:

Any financial loss caused by another user.
Any financial loss caused the Website.
Any loss of data.
Any incorrect pricing provided by other Users.
Any disputes arising between Users.

Intellectual Property

What we permit you to do/not do

Communikai owns of the material on this website. This includes, but is not limited to, all text, designs, logos, graphics, computer programs, files, audio, video and code (including HTML) in any form. Unless stated otherwise in these terms and conditions of use, none of the material on this web site may be reproduced, downloaded, distributed, copied, republished, displayed or transmitted in any form whatsoever without our written permission. We grant you permission to view this web site with a web browser provided that you do not:

Modify the material on this web site;
Resell the material on this web site; or
Create derivative works from the material on this web site.

We may withdraw this permission at any time without notice to you. You may not use, frame or use framing techniques to enclose, any material on this web site without our written consent. Further, you may not make use of any 'meta tags' or other 'hidden text' that uses our name or trademark or product name without our written consent.

Third Party Sites

Communikai does not assume any responsibility for the content of any third party sites provided through or on our site. We will take every care to uphold all copyrights and to respond accordingly when notified of the infringement of those rights. Our site may include links to other sites on the Internet that are owned and operated by third party suppliers and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site.

Trademarks

Any trademarks displayed on the Communikai site are the trademarks of their respective owners, and are not intended to imply, endorse or have any affiliation between Communikai and these companies.

Disclaimer

Communikai shall not be held responsible or liable for any actions taken based on the information, services or products provided on the Communikai website, or for any loss, damage, expense or injury resulting from any transactions conducted with any online supplier or other third party listed on Communikai website. This includes, without limitation, all text, graphics, and links. To the maximum extent permitted by law, Communikai DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES OR, PRODUCTS INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, as well as representations and warranties of title, non-infringement, freedom from computer viruses, worms, and other operating problems, and implied warranties arising from course of dealing or course of performance. Communikai is not able to ensure that information provided by suppliers and other third parties is always accurate. There may be errors in the collection or reporting of such information due to the large number of suppliers offering different products and services. Communikai does not represent or warrant that the information accessible via our website is always accurate, complete or current, and shall not be liable for or responsible to honour (or to cause any supplier to honour) any erroneous information regarding the price, description and availability of, or any discounts, offers and promotions relating to any product or service available on our site or through our other services. Furthermore, due to the dynamic nature of the manufacturing, raw materials and currencies etc, all information regarding such matters is subject to change without notice. Communikai SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU FOR ANY LOSS, DAMAGE, EXPENSE, OR INJURY YOU MAY SUSTAIN THROUGH YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH COMMUNIKAI SERVICES OR YOUR USE OF ANY THIRD PARTY PRODUCTS OR SERVICES, whether or not they were accessed via the Communikai site or other services.

If you have any questions about this Agreement, please contact Communikai at support@communikai.com.au