TERMS OF USE

Welcome to www.kurdon.com, hereinafter refered to as ”The Website”. The aim of The Website is to provide facility ‐ mainly within the Kurdistan community ‐ for advertising of goods and services under the category headings listed.

In the following Terms of Use, ”Kurdon” refers to Kurdon Company, its parent corporation, subsidiaries, and affiliated companies, wheras ”The User” refers to any legal entity or natural person using and/or visiting The Website.

By using and/or visiting The Website, including all content and functionality available through The Website, The User signifies his agreement to these Terms of Use. The Terms of Use applies to The User irrespective of the purpose for which he uses/or visits The Website. In addition, The User acknowledges that the advertising of goods and services on The Website is governed by an additional User Agreement.

By using and/or visiting The Website, including all content and functionality available through The Website, The User affirms that he is either a legal entity capable of entering into legal transactions without limitations or a natural person that is either more than 18 years of age or possesses parental or legal guardian consent to enter into the present Terms of Use as well as any relevant, binding contractual agreement visà‐ vis other users of The Website.

The User acknowledges that selling and buying of goods and services is governed by inter alia national and international trading and tax laws as well as import and export restrictions and regulations. The User accepts sole responsibility for making sure that the selling or buying of the advertised goods or service is neither illegal nor restricted by such rules or regulations. The User also accepts sole responsibility for paying applicable fees and taxes.

The User may use The Website to contact other users by the means of email and/or telephone for the sole purpose of buying advertised goods or services. The User may not use The Website to contact other users by any other means or for any other purpose. The User is thus prohibited to misuse The Website to post viruses, political campaign messages, chain letters, mass mail or any form of "mail spaming" as well as to post content that is illegal, obscene, offensive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties’ rights of any kind or is in any other way inconsistent with the general spirit of The Website, which is to create a just, secure and pleasant trading environment for all Users.

These Terms of Use shall be effective as per 03‐08‐2008. Kurdon may, in its sole discretion, modify or revise these Terms of Use at any time, and The User hereby agrees to be bound by such modifications and revisions.

The User acknowledges that all and any content on The Website, including but not limited to texts, graphics, logotypes, images, audio clips, and software, as well as the compilation hereof, is the property of or licensed to Kurdon and protected by Swedish and international copyright legislation. The User’s rights to his intellectual property shall remain unaffected hereby.

Kurdon operates electronical databases via The Website on the Internet in which The User can:

• advertise goods and services for sale against payment of a fee to Kurdon (”the Advertisement Function”), and
• search for advertisement of goods and services free of charge by means of the search function provided by Kurdon (”the Search Function”).

Kurdon merely provides the Advertisement Function and the Search Function and is not itself the party offering any advertised goods or services, nor the party accepting to purchase any advertised goods or services made available through The Website. Kurdon is not in any way whatsoever involved, as a party, intermediary or representative of any party, in the actual or potential agreements or transactions initiated as a result of the usage of The Website and does not, in any way whatsoever, transfer the legal ownership of items from the seller to the buyer. Such agreements shall be concluded and such transactions shall be carried out without the participation of Kurdon. No agency, joint venture, partnership, employee‐employer or franchisee‐franchiser relation is intended or created neither by these Terms of Use nor by the usage of the Web site.

Kurdon has a right, but not an obligation, to review the advertisements.

Kurdon will not investigate the solvency of any user of The Website.

Kurdon reserves the right to temporarily restrict The User’s access to The Website and, thus, the possibility of using the Advertisement Function as well as the Search Function, if this is required due to legitimate reasons, such as capacity limits, maintenance work relating to or upgrading of The Website or force majeure.

To the fullest extent permissible by applicable law, Kurdon disclaim all warranties for:

1. correctness and/or completeness of the advertisements published on The Website, or
2. the legal and/or financial capacity of any party to an agreement entered into as a result of the usage of The Website to fulfill its contractual obligations.

Kurdon, its officers, directors, employees or agents, shall not be liable to The User for any direct, indirect, incidental, special, punitive, consequential or any other damages whatsoever arising from:

1. errors, omissions, mistakes or inaccuracies of The Website’s content,
2. reliance on The Website’s content,
3. statement or conduct of any third party on The Website,
4. any unauthorized (a) access to or (b) alternation of our electronical database and use of personal and/or financial information therein,
5. personal injury or property damage, of any nature whatsoever, as a consequence of using and/or visiting The Website,
6. any interruption or cessation of transmission to or from The Website
7. any bugs, viruses, Trojan horses or the like that may be transmitted to The User to or through The Website, or
8. any other circumstance or action relating to Kurdon, to the fullest extent possible permitted by applicable law.

Kurdon, its officers, directors, employees or agents, is under no circumstances liable to The User or any third party for the conclusion or the fulfillment of agreements entered into as a result of the usage of The Website. As a result, Kurdon cannot be held responsible for e.g. the quality or delivery of purchased goods and services, neither the payment for sold goods and services.

The User shall indemnify and hold Kurdon, its officers, directors, employees or agents, free from any and all claims, damages, losses, liabilities, costs or debts as result of non‐fulfillment of these Terms of Use.

The User shall indemnify and hold Kurdon, its officers, directors, employees or agents, free from any and all claims, damages, losses, liabilities, costs or debts arising out of or in any way connected with disputes with other users of The Website.

The User shall indemnify and hold Kurdon, its officers, directors, employees or agents, free from any and all claims, damages, losses, liabilities, costs or debts as result of The User’s violation of third parties’ rights including, but not limited to, costs incurred by defending the rights of Kurdon according to these Terms of Use.

These Terms of Use shall, in its application and interpretation, be subject exclusively to the laws of Sweden, without regard to conflict of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods on these Terms of Use shall be excluded.

Any dispute or claim arising out of or in connection with these Terms of Use shall be adjudicated in Göteborg, Sweden.

These Terms of Use constitutes the entire agreement between The User and Kurdon with respect to the subject matter hereof.

The failure of Kurdon to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance.

If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.