General

You are using CommTrade.Online the “Site” to shop for Products provided by Third Parties. CommTrade.Online advertises the sale of these Products in worldwide via the website where you can select, browse and order these Products as advertised. CommTrade.Online is a registered business ABN 63 129 439 738 a subsidiary of Nuestra Development Pty Ltd ACN 129 439 738.
Please read our terms and conditions before transacting on our Site. Your use and orders are governed by these terms and conditions and you agree to these terms if you proceed to complete an order. If you do not agree with our terms then please do not place an order on this Site.

1.Application and Acceptance of the Terms

1.1 Your use of the Site, services, software and products (collectively the as the “Services” hereinafter) is subject to the terms and conditions contained in this document as well as the Privacy Policy and any other rules and policies of the Site that CommTrade.Online may publish from time to time. This document and such other rules and policies of the Site are collectively referred to below as the “Terms”. By accessing the Site or using the Services, you agree to accept and be bound by the Terms. Please do not use the Services or the Site if you do not accept all of the Terms.
1.2 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract, or (b) you are not permitted to receive any Services under the laws of Australia or other countries / regions including the country / region in which you are resident or from which you use the Services.
1.3 You acknowledge and agree that CommTrade.Online may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to use the Services or the Site, you agree that the amended Terms will apply to you.
1.4 If CommTrade.Online has posted or provided a translation, other than English, of the the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your uses of the Services or the Site.
1.5 You may be required to enter into a separate agreement, whether online or offline, with CommTrade.Online or our affiliate for any Service (“Additional Agreements”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.
1.6 The Terms may not otherwise be modified except in writing by an authorised officer of CommTrade.Online.

2. Provision of Services

2.1 You must register as a member on the Site in order to access and use the Services. Further, CommTrade.Online reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying Users or subject to other conditions that CommTrade.Online may impose in our discretion.
2.2 Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. CommTrade.Online may in our sole discretion limit, deny or create different level of access to and use of any Services (or any features within the Services) with respect to different Users.
2.3 CommTrade.Online may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice except that in case of a fee-based Service, such changes will not substantially adversely affect the paying Users in enjoying that Service.
2.4 Some Services may be provided by CommTrade.Online’s affiliates on behalf of CommTrade.Online.

3. Users Generally

3.1 As a condition of your access to and use of the Site or Services, you agree that you will comply with all applicable laws and regulations when using the Site or Services.
3.2 You agree to use the Site or Services solely for your own private or business and internal purposes. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the Site (the “Site Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with CommTrade.Online, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from CommTrade.Online is prohibited. Use of any content or materials on the Site for any purpose not expressly permitted in the Terms is prohibited.
3.3 You must read CommTrade.Online’s Privacy Policy which governs the protection and use of personal information about Users in the possession of CommTrade.Online and our affiliates. You accept the terms of the Privacy Policy and agree to the use of the personal information about you in accordance with the Privacy Policy.
3.4 CommTrade.Online may allow Users to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), Application Program Interfaces (API) or otherwise to such third parties’ web Site. It is recommended that you read such website’s terms and conditions and/or privacy policies before using the Site. You acknowledge that CommTrade.Online has no control over such third parties’ websites, does not monitor such website, and shall not be responsible or liable to anyone for such website, or any content, products or services made available on such website.
3.5 You agree not to undertake any action to undermine the integrity of the computer systems or networks of CommTrade.Online and/or any other User nor to gain unauthorised access to such computer systems or networks.
3.6 You agree not to undertake any action which may undermine the integrity of CommTrade.Online’s feedback system, such as leaving positive feedback for yourself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another User.
3.7 By posting or displaying any information, content or material (“User Content”) on the Site or providing any User Content to CommTrade.Online or our representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to CommTrade.Online to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Site, the provision of any Services and/or the business of the User. You confirm and warrant to CommTrade.Online that you have all the rights, power and authority necessary to grant the above license.

4. Member Accounts

4.1 User must be registered on the Site to access or use some or all Services (a registered User is also referred to as a “Member” below). Except with CommTrade.Online’s approval, one User may only register one member account on the Site. CommTrade.Online may cancel or terminate a User’s member account if CommTrade.Online has reasons to suspect that the User has concurrently registered or controlled two or more member accounts. Further, CommTrade.Online may reject User’s application for registration for any reason.
4.2 Upon registration on the Site, CommTrade.Online shall assign an account and issue a member ID and password (the latter shall be chosen by a registered User during registration) to each registered User.
4.3 A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all activities that occur under your account. No Member may share, assign, or permit the use of your Member account, ID or password by another person outside of the Member’s own business entity. Member agrees to notify CommTrade.Online immediately if you become aware of any unauthorised use of your password or your account or any other breach of security of your account.
4.4 Members agree that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services) will be deemed to have been authorised by the Member.
4.5 Members acknowledge that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, “multiple use”), may cause irreparable harm to CommTrade.Online or other Users of the Site. Member shall indemnify CommTrade.Online, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. Member also agrees that in case of the multiple use of your account or Member’s failure to maintain the security of your account, CommTrade.Online shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without liability to Member.
5. Member’s Responsibilities
5.1 Each Member represents, warrants and agrees that (a) you have full power and authority to accept the Terms, to grant the license and authorisation and to perform the obligations hereunder; (b) you use the Site and Services for business or personal purposes only; and (c) the address you provide when registering is the principal place of business of your business entity or your principal place of residence. For purposes of this provision, a branch or liaison office will not be considered a separate entity and your principal place of business will be deemed to be that of your head office.
5.2 Member will be required to provide information or material about your entity, business or products/services as part of the registration process on the Site or your use of any Service or the member account. Each Member represents, warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Site or Service is true, accurate, current and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
5.3 Upon becoming a Member, you consent to and authorise CommTrade.Online and our affiliates to share the contact information with other Users or otherwise use your personal information in accordance with the Privacy Policy.

Member Sale or Auction

5.4 Each Member represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that you submit, post or display; (b) any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); (c) you have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights and (d) you and your affiliates are not the subject of any trade restrictions, sanctions or other legal restrictions enacted by any country, international organisation or jurisdiction.
5.5 Each Member further represents, warrants and agrees that the User Content that you submit, post or display shall:
a) be true, accurate, complete and lawful;
b) not be false, misleading or deceptive;
c) not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
d) not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
e) not violate other Terms or any applicable Additional Agreements
f) not violate any applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations;
g) not contain any link directly or indirectly to any other website, contact information (email, telephone numbers or business and residential addresses) which includes any content that may violate the Terms.

Members Buying

5.6 You must pay for any item you commit to buying. Some Members use an auction-style format, allowing you to bid on an item. Keep in mind that each bid you make is a binding contract to buy the item if you win. The same is true for Buy It Now purchases. Not paying for an item after you agree to buy it has negative consequences.
5.7 You can only bid if you really intend to buy the item, even if you’re making a non-binding bid.
Don’t place a bid unless you mean to buy the item. You cannot bid on your own item. If you know the seller, you cannot bid on the product with the intent to increase its price or desirability artificially. This is known as shill bidding and it violates our terms and conditions and is against the law in many places around the world. Be careful about bidding on several items if you only want one. If you’re the winning bidder of more than one auction listing, you need to purchase all the products you’ve won, even if they are the same.
5.8 You can only retract a bid under specific circumstances. For example if you meant to bid $10.00 but accidentally bid $1,000.00, you can retract the bid. Never use bid retraction to manipulate the bidding process.
5.9 Make sure you read the listing description before you bid.
5.10 You cannot offer to buy items outside of CommTrade.Online and you may not sure your information with the buyer until the auction or sale has been completed and your payment has been made.

Members General

5.11 Each Member further represents, warrants and agrees that you shall/are:
a) carry on your activities on the Site in compliance with any applicable laws and regulations;
b) conduct your business transactions with other users of the Site in good faith;
c) carry on your activities in accordance with the Terms and any applicable Additional Agreements;
d) not use the Services or Site to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards);
e) not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
f) not engage in spamming or phishing;
g) not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc) or encourage or abet any unlawful activities;
h) not involve attempts to copy, reproduce, exploit or expropriate CommTrade.Online’s various proprietary directories, databases and listings;
i) not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
j) not involve any scheme to undermine the integrity of the data, systems or networks used by CommTrade.Online and/or any user of the Site or gain unauthorised access to such data, systems or networks;
k) not, and your director(s), officer(s), controlling party/ies, affiliates and legal jurisdiction in which any of the foregoing persons or entities is organised or has operations are not, persons or entities that are subject to any economic or fraud sanctions of any governmental, international or regulatory entities; and
l) not engage in any activities that would otherwise create any liability for CommTrade.Online or our affiliates.
5.12 Members may not use the Services and member account to engage in activities which are identical or similar to CommTrade.Online’s e-commerce marketplace business.
5.13 Member agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for CommTrade.Online’s provision of the Services, evaluating whether Member has breached the Terms and/or handling any complaint against the Member. If Member’s failure to do so results in delay in, or suspension or termination of, the provision of any Service, CommTrade.Online shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delay, suspension or termination.
5.14 Members acknowledge and agree that CommTrade.Online shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Site. CommTrade.Online does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information
5.15 Members acknowledge and agree that each Member is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Site and Services are in compliance with the same.

6. Breaches by Members

6.1 CommTrade.Online reserves the right in our sole discretion to remove, modify or reject any User Content that you submit to, post or display on the Site which we reasonably believe is unlawful, violates the Terms, could subject CommTrade.Online or our affiliates to liability, or is otherwise found inappropriate in CommTrade.Online’s opinion.
6.2 If any Member breaches any Terms, or if CommTrade.Online has reasonable grounds to believe that a Member is in breach of any Terms, CommTrade.Online shall have the right to take such remedial actions as it deems appropriate, including without limitation: (i) suspending or terminating the Member’s account and any and all accounts determined to be related to such account by CommTrade.Online in its discretion; (ii) restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service; (iii) removing any product listings or other User Content that the Member has submitted, posted or displayed, or imposing restrictions on the number of product listings or User Content that the Member may post or display; (iv) imposing other restrictions on the Member’s use of any features or functions of any Service as CommTrade.Online may consider appropriate in its sole discretion; and (v) any other corrective actions or penalties as CommTrade.Online may deem necessary or appropriate in its sole discretion.
6.3 Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances:
a) upon complaint or claim from any third party, CommTrade.Online has reasonable grounds to believe that such Member has willfully or materially failed to perform your contract with such third party including without limitation where the Member has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the items Member has delivered materially fail to meet the terms and descriptions outlined in your contract with such third party,
b) CommTrade.Online has reasonable grounds to suspect that such Member has provided false or misleading information in any transaction with a counterparty,
c) CommTrade.Online has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading, or
d) CommTrade.Online believes that the Member’s actions may cause financial loss or legal liability to CommTrade.Online or our affiliates or any other Users.
6.4 CommTrade.Online reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, CommTrade.Online may disclose the Member’s identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. CommTrade.Online shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against CommTrade.Online for such disclosure.
6.5 If a Member is in breach of the Terms, CommTrade.Online also reserves the right to publish the records of such breach on the Site. If such breach involves or is reasonably suspected of involving dishonest or fraudulent activities, CommTrade.Online also reserves the right to disclose the records of such breach to our affiliates including without limitation Escrow.com, BitBond, etc. Such CommTrade.Online affiliates may impose limitation on, suspend or terminate the Member’s use of all or part of the services provided by such affiliates to the Member, take other remedial actions, and publish the records about the Member’s breach of the Terms on the website operated by or controlled by such CommTrade.Online affiliates.
6.6 CommTrade.Online may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Member’s use of any Service or the Site without being liable to the Member if CommTrade.Online has received notice that the Member is in breach of any agreement or undertaking with any affiliate of CommTrade.Online including without limitation Escrow.com, BitBond.com and such breach involves or is reasonably suspected of involving dishonest or fraudulent activities. CommTrade.Online shall have the right to publish the records of such breach on the Site. CommTrade.Online shall not be required to investigate such breach or request confirmation from the Member.
6.7 Each Member agrees to indemnify CommTrade.Online, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the Site or Services, or from your breach of the Terms.
6.8 Each Member further agrees that CommTrade.Online is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted over the Site, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Member. CommTrade.Online reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with CommTrade.Online in asserting any available defenses.

7. Transactions Between Buyers and Sellers

7.1 Through the Site, CommTrade.Online provides an electronic web-based platform for buyers and sellers of primary and secondary commodities in both a sale and auction format. CommTrade.Online provides electronic web-based transaction platforms for Members to place, accept, conclude, manage and fulfill orders for the provision of products online within the Site subject to the terms. CommTrade.Online does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products offered for sale or auction on the Site or the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.
7.2 Users are hereby made aware that there may be risks of dealing with people acting under false pretences. CommTrade.Online uses several techniques to verify the accuracy of certain information our Users provide us when they register for a membership service on the Site. However, because user verification on the Internet is difficult, CommTrade.Online cannot and does not confirm each User’s purported identity (including, without limitation, paying Members). We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing.
7.3 Each User acknowledges that it is fully assuming the risks of conducting any purchase and sale/auction transactions in connection with using the Site or Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products that are the subject of transactions using the Site. Such risks shall include, but are not limited to, mis-representation of products, unsatisfactory quality, failure to meet specifications, defective products, unlawful products, delay or default in delivery, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights, and the risk that User may incur costs of defense or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to products originally obtained by Users of the Site as a result of purchase and sale transactions in connection with using the Site may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as “Transaction Risks”. Each User agrees that CommTrade.Online shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
7.4 Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site or Services, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
7.5 User agrees to provide all information and materials as may be reasonably required by CommTrade.Online in connection with your transactions conducted on, through or as a result of use of the Site or Services. CommTrade.Online has the right to suspend or terminate any User’s account if the User fails to provide the required information and materials.
7.6 In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify CommTrade.Online (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.

8. Limitation of Liability

8.1 To the maximum extent permitted by law, the services provided by commtrade.online on or through the site are provided “as is”, “as available” and “with all faults”, and commtrade.online hereby expressly disclaims any and all warranties, express or implied, including but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, and undertakings are hereby excluded.
8.2 To the maximum extent permitted by law, commtrade.online makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or currentness of any information provided on or through the site; commtrade.online does not represent or warrant that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products offered or displayed on the site does not violate any third party rights; and commtrade.online makes no representations or warranties of any kind concerning any product offered or displayed on the site.
8.3 Any material downloaded or otherwise obtained through the Site is done at each User’s sole discretion and risk and each User is solely responsible for any damage to CommTrade.Online’s computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from CommTrade.Online or through or from the Site shall create any warranty not expressly stated herein.
8.4 The Site may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall CommTrade.Online and our affiliates be held liable for any such services or products.
8.5 Each User hereby agrees to indemnify and hold CommTrade.Online, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User’s use of the Site or Services (including but not limited to the display of such User’s information on the Site) or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and hold CommTrade.Online, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User’s breach of any representations and warranties made by User to CommTrade.Online, including but not limited to those set forth in Section 5 hereunder.
8.6 Each User hereby further agrees to indemnify and hold CommTrade.Online, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each User hereby further agrees that CommTrade.Online is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. CommTrade.Online reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with CommTrade.Online in asserting any available defenses.
8.7 CommTrade.Online shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following.
a) the use or the inability to use the Site or Services;
b) any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Site;
c) violation of Third Party Rights or claims or demands that User’s manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products offered or displayed on the Site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
d) unauthorised access by third parties to data or private information of any User;
e) statements or conduct of any User of the Site; or;
f) any matters relating to Services however arising, including negligence.
8.8 Notwithstanding any of the foregoing provisions, the aggregate liability of CommTrade.Online, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of the Site or Services during any calendar year shall be limited to the greater of (a) the amount of fees the User has paid to CommTrade.Online or our affiliates during the calendar year and (b) the maximum amount permitted in the applicable law. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site or Services must be filed within one (1) year from the date the cause of action arose or such longer period as prescribed under any applicable law governing this Term of Use.
8.9 The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not CommTrade.Online has been advised of or should have been aware of the possibility of any such losses arising.

9. Force Majeure

9.1 Under no circumstances shall CommTrade.Online be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

10. Intellectual Property Rights

10.1 CommTrade.Online is the sole owner or lawful licensee of all the rights and interests in the Site and the Site Content. The Site and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and Site Content shall remain with CommTrade.Online, our affiliates or licensors of the Site Content, as the case may be. All rights not otherwise claimed under the Terms or by CommTrade.Online are hereby reserved.
10.2 “CommTrade.Online” and related icons and logos are registered trademarks or trademarks or service marks of Nuestra Development Pty Ltd in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorised copying, modification, use or publication of these marks is strictly prohibited.
10.3 CommTrade.Online may have independent third parties involved in the provision of the Services (e.g., the escrow and loan providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.

11. General Provisions

11.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between you and CommTrade.Online with respect to and govern your use of the Site and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
11.2 CommTrade.Online and you are independent, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by the Terms.
11.3 If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
11.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
11.5 CommTrade.Online’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of CommTrade.Online’s right to act with respect to subsequent or similar breaches.
11.6 CommTrade.Online shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of CommTrade.Online). You may not assign, in whole or part, the Terms to any person or entity.
11.7 This agreement is governed by the laws of Queensland, Australia. Each party submits to the non-exclusive jurisdiction of the courts in Queensland.