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Are there inconsistencies in Terms and conditions?

Posted by xavierpages 
Are there inconsistencies in Terms and conditions?
January 20, 2011 07:52AM
Hi,
I've been re-reading the terms and conditions page, and I have some doubt which may be solved.

1) First one regards to age limit. In the main Terms and conditions page (http://www.tradebit.com/terms.php) says:

"You must be over 13 years old to use tradebit.com! "

Then if you read under "Here are the complete terms:" the last paragraph says:

"Customer hereby represents that he, she or it, is either an individual
entering this Agreement for his or her personal use and is over 18
years of age
, or is a corporation other legal corporate entity, duly
organized, validly existing and in good standing under the laws of the
province of its organization and the person acting on behalf of
Customer is duly authorized to accept, execute and deliver this
Agreement on behalf of Customer."

2) In the reseller agreement says that:

"8. Governing Law. This Agreement shall be governed by the law of Delaware, USA."

And under "Here are the complete terms:" says:

"GOVERNING LAW; JURISDICTION; ARBITRATION
This Agreement is governed by German law and both parties will
submit to personal jurisdiction in Wiesbaden, Hessen, Germany. Any controversy
or claim arising out of, relating to or in connection with this
Agreement, or the breach thereof, will be subject to the court
appointed arbitration party. The place of arbitration will be Wiesbaden,
Hessen, Germany or any other place selected by mutual agreement of the
parties."

It seems that there are two independent agreements here. Is that right?
I really don't understand the "complete terms" agreement. It seems to be a web hosting agreement which even talks about domain registration and annual fees ["There is a $25/year fee
for new domain name registration ($40 for .ca)]. It even talks about email sending limit ["There is a 1000
e-mail limit that can be sent out within a 24 hour period"].
How does all of that apply to my utilisation of tradebit as a seller? Am I agreeing to this web hostin terms?

Thank you in advanced,
Xavier.
Re: Are there inconsistencies in Terms and conditions?
January 20, 2011 07:58AM
hi,

thanks for pointing that out... i guess there are rests of the old floating around which were never updated...

it must be

- 13 years and above

- and Delaware law

that should be changed, i will do that asap!

ralf
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