The following information describes how our relationship works. When you register to purchase items on the Apollo Black Limited (hereinafter referred to as IndieMakers) website, respond to enquiries, make an offer, negotiate, or conclude a transaction via the IndieMakers system, you are deemed to have read, understood, and agreed to these terms as unmodified by you. Should you not agree to these terms, do not continue to use the IndieMakers website.
These Terms and Conditions include the policies found at indiemaker.com/legal (collectively “the Terms”). Please make sure you read and understand these policies, which deal with various aspects of our relationship with you.
No sales representative, affiliate, dealer, agent, officer, or employee of IndieMakers has the authority to change or modify these Terms, except pursuant to an official revised version of these Terms, and you may not rely on any such change or modification. These Terms cannot be changed by you, and our activation or provision of any services to you does not indicate our acceptance of any changes made by you to our Terms.
Important clauses that limit our responsibility or involve some risk for you may be in bold. You must pay special attention to these clauses.
You warrant that you have the contractual capacity to enter into this Agreement with us. If the Agreement is signed by a person acting in a representative capacity on behalf of you, the signing party warrants that all the information relating to the entity, partnership, association, or other person whom he/she represents is true, accurate, and complete. IndieMakers reserves the right to treat all misrepresentations by you as fraud, and you indemnify IndieMakers against any loss or damage that IndieMakers may sustain resulting from such misrepresentation.
Please note that should you choose to find a Listing you wish to purchase using our Website, the agreement for the sale of such Listing lies between you and the seller. IndieMakers is not a party to or involved in that agreement. Without limiting the above, we will not be liable for any loss or damage that may arise out of your purchasing or attempting to purchase any Listing.
You agree to pay the Fees to IndieMakers as set out at Annexure A hereto.
You agree not to attempt to take conversations with sellers "offline" to avoid IndieMakers Fees. Fees will still be levied on sales that are taken "offline" and will be invoiced accordingly. Such action on your part will be deemed to be a material breach of this agreement.
You will need a username and password to access the service. You agree to:
You, as the holder of the username and password, acknowledge that you are solely responsible for all Listings and transactions, irrespective of whether the service has been utilized or is being utilized by you or not, and accordingly the entire amount outstanding on your account will be deemed to have arisen from (or relate to) your access to and/or use of a IndieMakers service.
You indemnify IndieMakers from any loss you may suffer as a result of your password being compromised.
To the extent either party processes any Personal Data of the other for purposes of using or providing the service, each party shall comply with its respective obligations under applicable Data Protection Laws.
If you have a complaint about a seller or about us, please contact us. IndieMakers does verify the email and phone numbers provided by sellers but does not perform verifications of sellers or Listings on the site. All information about a Listing is provided by the seller. While the information about a Listing is of "best effort" accuracy, we make no warranties as to the accuracy or veracity thereof, including without limitation the existence of the Listing or seller or the seller’s right to sell such listing.
When you purchase a Listing on our Website, you may be given an opportunity to submit feedback about your experience. IndieMakers reserves the right not to publish any comments which may be defamatory or which are not verifiable or for any reason as determined in our sole discretion.
Please make sure you read our Privacy Policy available on our Website, which explains how we deal with your information.
We will use your information to send you important operational and service messages. These details will not be used for marketing or promotions unless you let us know that you want to receive this information.
IndieMakers will use reasonable endeavors to make its services available to you, and to maintain the availability thereof for use by you. However, we provide the services "as is" and "as available" and do not warrant or guarantee that the services will at all times be free of errors or interruptions, be always available, fit for any purpose, not infringe any third-party rights, be secure and reliable, or will conform to your delivery timeline requirements.
Should you fail to pay any amount on the due date for payment, then IndieMakers may, without prejudice to any of its other rights:
Should you be in breach of any provision of this agreement, IndieMakers shall be entitled, without prejudice to any other rights that it may have and without notice to you, to forthwith:
You hereby warrant the following:
You hereby indemnify IndieMakers unconditionally and irrevocably and agree to hold IndieMakers harmless against all loss, damages, claims, liability, and/or costs, of whatsoever nature, howsoever and whensoever arising, suffered or incurred by IndieMakers or instituted against IndieMakers as a result of (without limitation):
Please note in this regard that IndieMakers does not influence how any seller determines which buyer to choose or not choose.
To the extent permitted by applicable law, IndieMakers shall not be liable to you for any direct damages howsoever arising, and neither party shall be liable to the other for any special, indirect, incidental, consequential, or punitive damages arising out of or relating to this agreement, whether resulting from negligence, breach, or any other cause. To the extent that a competent court or tribunal finally determines, notwithstanding the limitation contained in this clause, that IndieMakers is liable to you for any damages, IndieMakers' liability to you for any damages howsoever arising shall be limited to the amount of fees paid to IndieMakers, if any.
Any notice required to be given under this agreement shall be in writing and shall be delivered by hand or sent by pre-paid first-class post or recorded delivery post or email to the other party at its address set out in this agreement, or such other address as may have been notified by that Party for such purposes.
A notice delivered by hand shall be deemed to have been received when delivered (or if delivery is not in normal business hours, at 9 am on the first business day following delivery). A correctly addressed notice sent by pre-paid first-class post or recorded delivery post shall be deemed to have been received at the time at which it would have been delivered in the normal course of post. A notice sent by email shall be deemed to have been received when it is capable of being retrieved by the addressee in that the email is received on the email server of the recipient.
This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Each Party irrevocably agrees that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
Should IndieMakers instruct an attorney pursuant to any breach or failure to perform any obligation on your part, or be required to direct any correspondence to you regarding such breach or failure to perform, then without prejudice to any other rights which IndieMakers may have, it shall be entitled to recover from you all legal costs incurred by it, whether or not legal proceedings are instituted against you, and which costs shall be payable on demand.
You hereby select the address provided when you registered as your address for the service of legal documents. Either Party shall be entitled from time to time by written notice to the other to vary its given address to any other address which is not a post office box or to vary its other domicilium contact details.
Accepted electronically and deemed signed.
The following fees are payable:
All prices listed must be inclusive of applicable rates, levies, and taxes.