eBiz eXchange International - Terms and Conditions Agreement [Issue 1.05 dated 2004-05-01]
More than 10,000 Attorney prepared forms
Terms and Conditions Agreement [Issue 1.05 dated 2004-05-01]
(herein after called the "Agreement")

This agreement between you and eBiz eXchange International ("eBXI") details how you can use our web sites. Use of eBXI web sites are governed by this agreement. By registering as an eBXI member, you acknowledge and signify that you have read, understood, and agreed to be bound by this agreement.

1. Who is eBXI?
eBXI operates a number of web sites, including eBXI.com (collectively the "web site/s") that allow registered eBXI members ("member/s") from around the world to purchase ("buyer/s") any legal items ("item/s") from sellers around the world ("seller/s") acting on their own behalf. A member may be a buyer and/or a seller.

2. Who Can Be a Member?
Only individuals and businesses that are legally entitled to enter into legally binding and enforceable contracts may register to be a member and purchase or sell through the web sites. Members must comply with all applicable laws. All information submitted by members through the web sites, including registration information, payment information, and transaction-related information must be true, accurate, current and complete. Once you have registered as a member, you are referred to as a "member", "you", "your" or "yourself" for the purposes of this agreement.

3. How This Works
The web sites are a forum for members. Members may be buyers and/or sellers. Buyers buy items from sellers, not from eBXI. eBXI only facilitates transactions, and does not enter into any sale or purchase contract in its own name on behalf of buyers or sellers. eBXI is not involved in transactions between members. Only buyers and sellers (not eBXI) are responsible for all transactions through the Web sites and the terms and conditions of all transactions. Orders placed through the web sites are forwarded to the selected seller by electronic mail (e-mail) for acceptance and fulfilment by the seller. In the case of credit card purchases, either the seller or eBXI, depending upon the process requested by the seller, may process the credit card. Passwords must be kept confidential and not disclosed to or shared with any other person. You are solely responsible and liable for any use and misuse of your password and for all activities that occur under your password. You must immediately notify eBXI of any unauthorized use of your password, or if you know or suspect that your password has become known to any other person. eBXI is not under any obligation to verify the actual identity or authority of the user of any password.

4. Misprints and Orders
Although eBXI strives to provide reliable and current information on the web sites, misprints or other errors may occur. eBXI reserves the right to change information on the web sites at any time and from time to time without any notice or liability to you or any other person. Items listed on the web sites are subject to availability, and may not be available when ordered or afterwards. The Items offered on the web sites are invitations for purchase orders, and shall not constitute binding offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the items referenced in your order. Your order will be accepted only if and when the seller sends an order acceptance and shipping notice to your email address.

5. We Respect Your Privacy
Your personal information will be collected and saved by eBXI. All data and information collected from you by eBXI is treated confidentially respecting the applicable laws on data protection and in accordance with our Privacy Statement.

6. Warranty Disclaimer and Liability Exclusion and Limitation Clauses
Since eBXI is not a party to any transactions through the web sites, eBXI does not give any representation or warranty regarding any transactions or any of the items. eBXI has no control over or liability for the quality or legality of the items advertised, the truth or accuracy of the listings, or the ability of sellers to sell Items. The web sites are provided on an "as is" and "as available" basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied conditions, warranties or representations of merchantability, fitness for a particular purpose, performance, durability, security, availability, or accessibility, all of which are hereby disclaimed by eBXI to the fullest extent permitted by law. Regardless of the nature of the claim or the reasons for the loss and damages, eBXI's liability is limited to foreseeable and typical damages. eBXI will not under any circumstances be liable to you for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, indirect or consequential loss or damage or punitive damages, whether in contract, tort or under any other theory of law or equity, arising from, connected with, or relating to the use of the web sites by you. In no event will eBXI's total liability to you or any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort or under any other theory of law or equity, and regardless of any negligence or other fault or wrongdoing by eBXI or any person for whom eBXI is responsible, exceed the lesser of US$25 or the purchase price of the Item that is the subject of the claim. The exclusion of certain warranties and the exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions. Such limitations may apply to You. The warranty disclaimer and liability exclusion and limitation clauses survive indefinitely after the termination of this agreement.

7. Legal Claims
For all disputes between eBXI and you or any other person arising from, connected with or relating to the web sites, this agreement, transactions facilitated or conducted through the web sites, items ordered or purchased through the web sites, dealings between you and eBXI, or any related matters or any legal relationship associated therewith or derived therefrom ("Dispute/s"), the relevant parties will attempt to find a reasonable solution least onerous to the parties. If a dispute cannot be resolved by the parties, then the dispute must be resolved before the Courts of Queensland sitting in the City of Brisbane, Queensland, Australia, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all disputes. Proceedings regarding disputes must be commenced in a court of competent jurisdiction in the City of Brisbane, Queensland, Australia within six (6) months after the dispute arose, after which time any and all proceedings regarding the dispute are barred. Any shorter time limit provided by statute law remains unaffected.

8. How Do You or eBXI End This Agreement?
You or eBXI may terminate this agreement at any time with immediate effect and without any prior notice. eBXI may at any time and in its discretion immediately suspend or terminate (in whole or in part) your permission to use the web sites without any notice or liability to you or any other person. If this agreement or your permission to use the web sites is terminated by you or eBXI for any reason, this agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the web sites and prior purchases or sales of items through the web sites and anything connected with, relating to or arising from those matters.

9. Changes to Web Sites, Policies and Procedures, and this Agreement
eBXI may, in its discretion, change, suspend or terminate, temporarily or permanently, the web sites or any part of them at any time, for any reason, without any notice or liability to you or to any other person. eBXI may, in its discretion, change, supplement or amend its policies and procedures and this agreement as they relate to future use of the web sites from time to time and without any notice or liability to you or to any other person, by posting revised documents on the web sites. You may not change, supplement or amend this agreement or any eBXI policies or procedures. You and eBXI have expressly requested and required that this agreement and all other related documents be drawn up in the English language.

Thank you for registering with eBXI. We look forward to serving you as a valued member.