The following information describes how our relationship works. When you register to sell items on the Apollo Black Limited (hereinafter referred to as IndieMakers) website, respond to enquiries, and list your product, intellectual property, or business for sale, negotiate and conclude a transaction via the IndieMakers system or in any way utilise any other services offered via the IndieMakers website, 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 www.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 your behalf, the signing party warrants that all information relating to the entity, partnership, association, or other person they represent 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 sustained as a result of such misrepresentation.
You agree to pay the Fees to IndieMakers as set out in Annexure A hereto.
You agree not to attempt to take conversations with buyers "offline" to avoid IndieMakers Fees. Fees will still be levied on sales that are taken "offline" and will be invoiced accordingly. Such action will be deemed a material breach of this agreement.
You warrant that all information you supply is correct and that you have the right to all Intellectual Property, including trademarks in names and logos. You undertake to ensure that all information is continuously updated and accurate.
You acknowledge that IndieMakers reserves the right not to list your Listing, as determined in their discretion.
IndieMakers reserves the right to de-list you as a seller without notice, or refuse to take further Listings, where there is non-compliance with these Terms, or for any reason determined in their discretion. Reasons may include, but are not limited to, repeated failure to update your information on request, failure to respond to enquiries, or misrepresentation of your Listing.
In this regard, you indemnify IndieMakers from any and all damages you or IndieMakers may suffer.
You will need a username and password to gain access to the service. Your username will be used throughout negotiations, but not on the conclusion of any sale.
You agree to:
IndieMakers also offers a password reminder service. Passwords will be sent to your registered email or phone. You indemnify IndieMakers from any loss due to third-party access to your password.
Each party shall comply with applicable Data Protection Laws when processing Personal Data.
IndieMakers provides services "as is" and "as available" and does not guarantee that services will always be available, secure, reliable, or free of errors or interruptions.
We offer support Monday to Friday, 8:30 am to 5:00 pm. All support is on a best-efforts basis.
Should you fail to pay any amount due, IndieMakers may take necessary steps to recover the amount, charge interest at 5% per annum, or terminate this agreement.
In the event of a breach, IndieMakers may:
You warrant the following:
You indemnify IndieMakers against all loss, damages, claims, and liability incurred as a result of your use of the service, failure to comply with these terms, or unavailability of the service.
To the extent permitted by law, IndieMakers shall not be liable for direct or indirect damages arising out of this agreement. If liability is determined, it will be limited to any Unlocking Fees.
Notices will be deemed received when delivered by hand, post, or email.
This agreement is governed by the laws of England and Wales.
The courts of England and Wales have non-exclusive jurisdiction to settle any disputes.
The following fees are payable:
All prices listed must be inclusive of applicable rates, levies, and taxes.