Marketplace Liability & Disclaimers
AqNova Marketplace Policies & Disclosures
AQNOVA MARKETPLACE
Global Legal Footer Framework
Comprehensive Compliance & Platform Governance Reference
MARKETPLACE LIABILITY & DISCLAIMERS
Scope & Limits of AqNova's Legal Responsibility as a Global Marketplace Intermediary
Effective Date: April 7, 2026 | Version 1.0 | Arivon Holding Corporation
| Regulatory Coverage — This Document United States: Digital Millennium Copyright Act (DMCA, 17 U.S.C. § 512) Communications Decency Act § 230 (47 U.S.C. § 230) California Consumer Protection Laws (CCPA / CPRA / CLRA) European Union: E-Commerce Directive (2000/31/EC) — Articles 12–15 Digital Services Act (DSA, EU 2022/2065) Product Liability Directive (85/374/EEC & revised 2024/2853/EU) United Kingdom: Consumer Protection from Unfair Trading Regulations 2008 Electronic Commerce (EC Directive) Regulations 2002 Consumer Rights Act 2015 Canada: Electronic Commerce Protection Act; provincial consumer laws Brazil: Marco Civil da Internet (Law 12,965/2014); CDC South Africa: Electronic Communications and Transactions Act 25 of 2002 (ECTA) Nigeria: Cybercrimes Act 2015; FCCPA 2019 Kenya: Kenya Information and Communications Act; Consumer Protection Act 2012 Ghana: Electronic Transactions Act 2008 (Act 772) India: Information Technology Act 2000 (IT Act); DPDPA 2023 Australia: Australian Consumer Law; Privacy Act 1988 Singapore: Electronic Transactions Act 2010; Consumer Protection (Fair Trading) Act Japan: Act on Specified Commercial Transactions; Consumer Contract Act South Korea: Act on Consumer Protection in Electronic Commerce Colombia / Chile / Argentina: Applicable national e-commerce and consumer protection laws |
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| ⚠ IMPORTANT LEGAL NOTICE THIS SECTION CONTAINS IMPORTANT DISCLAIMERS AND LIMITATIONS OF LIABILITY. PLEASE READ IT CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. WHERE MANDATORY CONSUMER PROTECTION LAW IN YOUR JURISDICTION PROVIDES RIGHTS THAT CANNOT BE EXCLUDED OR LIMITED BY CONTRACT, THOSE RIGHTS ARE NOT AFFECTED BY THESE DISCLAIMERS. THIS DOCUMENT IS INCORPORATED BY REFERENCE INTO THE PLATFORM TERMS & CONDITIONS (SECTION 2) AND FORMS PART OF THE BINDING AGREEMENT BETWEEN AQNOVA AND ALL PLATFORM USERS. |
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This Marketplace Liability & Disclaimers document ("Liability Document") sets out the scope and limits of AqNova Marketplace's legal responsibility as a global e-commerce intermediary. It clarifies the allocation of legal risk between AqNova, Vendors, and Buyers, and provides the jurisdiction-specific framework within which AqNova's intermediary liability protections operate.
AqNova is fundamentally an intermediary marketplace — a technology platform that connects independent Vendors with Buyers. Understanding the legal consequences of this intermediary role is essential for all Platform participants. This document is structured to be transparent about what AqNova does and does not accept responsibility for, and to explain why those limits exist under applicable law.
| This Document Covers Six Core Areas: 2.4.1 — AqNova's Intermediary Status & Seller of Record Clarification 2.4.2 — Product Descriptions, Certifications & Sustainability Claims 2.4.3 — Disclaimer of Warranties — Global Framework 2.4.4 — Limitation of Liability for Consequential, Incidental & Punitive Damages 2.4.5 — Intermediary Safe Harbor Protections — Jurisdiction-by-Jurisdiction 2.4.6 — Product Liability, Indemnification & Vendor Responsibility |
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A. AqNova as a Marketplace Intermediary
AqNova operates exclusively as a technology-enabled marketplace intermediary. In this capacity, AqNova provides the infrastructure, tools, and services that enable independent Vendors to list products and independent Buyers to discover, evaluate, and purchase those products. AqNova does not manufacture, source, warehouse, inspect, or take title to any product listed on the Platform, except in the narrow circumstances described in Section 2.4.1.C below.
The legal significance of AqNova's intermediary role is substantial and far-reaching. As an intermediary, AqNova:
Does not form the primary commercial contract for the sale of goods with Buyers. The purchase contract for goods is formed directly between the Buyer and the applicable Vendor.
Does not bear primary product liability for defects, mislabeling, safety failures, or regulatory non-compliance attributable to Vendor products, except as provided in Section 2.4.6.
Does not guarantee the accuracy of vendor-provided product information, subject to its verification obligations under applicable marketplace regulation.
Does not warrant that products meet any particular standard of quality, safety, authenticity, or fitness for purpose beyond what is required of AqNova by applicable mandatory law.
Does not control the physical supply chain, logistics, customs clearance, or delivery of products between Vendors and Buyers, except where AqNova provides a managed fulfillment service (not currently offered on the Platform in general).
B. AqNova Is NOT the Seller of Record — General Rule
For all standard marketplace transactions on the Platform, AqNova is NOT the seller of record. The seller of record is the individual Vendor who lists and fulfills the product. This has the following specific legal consequences:
| Legal Area | Consequence of Vendor Being Seller of Record |
|---|---|
| Product Liability | The Vendor, as seller of record, bears primary product liability for any harm caused by a defective, dangerous, or mislabeled product. AqNova's product liability exposure is limited to circumstances where AqNova has actual knowledge of a defect and fails to act, or where applicable law imposes liability on marketplace operators. |
| Consumer Guarantees | Statutory consumer guarantees (e.g., EU guarantee of conformity, UK Consumer Rights Act implied terms, Australian Consumer Law guarantees) run primarily between the Buyer and the Vendor as seller. AqNova may have secondary obligations where it facilitates the remedy process or where applicable marketplace regulation imposes direct platform operator obligations. |
| Tax & VAT | The Vendor is the economic supplier in non-marketplace-facilitator transactions. Where AqNova acts as a marketplace facilitator or deemed supplier (see Platform T&C Section 2.10), AqNova assumes VAT/sales tax collection obligations for those qualifying transactions, but does not become the seller of record for other purposes. |
| Contractual Obligation | The Vendor's obligations to the Buyer — to deliver the goods as described, on time, and in conforming condition — are contractual obligations of the Vendor. AqNova's Buyer Protection Program supplements (but does not replace) the Vendor's contractual obligations. |
| Regulatory Compliance | The Vendor, as seller of record, is responsible for ensuring products meet all applicable product safety, labeling, customs, and regulatory requirements in the destination market. AqNova's compliance screening does not transfer this responsibility to AqNova. |
| Advertising Standards | Vendor-created product listings constitute commercial communications by the Vendor as advertiser. The Vendor is responsible for compliance with applicable advertising law (FTC Act, UK CAP Code, EU UCPD, etc.). AqNova's listing review process does not render AqNova the advertiser. |
C. Exceptions — When AqNova May Be Treated as Seller of Record
In limited and specifically defined circumstances, applicable law may treat AqNova as a deemed seller or impose on AqNova the obligations of a seller. These exceptions are strictly defined and do not represent a general assumption of seller liability:
| Circumstances Where AqNova May Bear Seller-Level Obligations 1. EU/UK Deemed Supplier (VAT): AqNova is the deemed supplier for VAT collection and remittance purposes on qualifying cross-border B2C sales by non-EU/UK Vendors to EU/UK consumers (EU VAT Directive Art. 14a; UK VAT Act s. 47A). This deems AqNova the supplier for VAT only — not for product liability, consumer rights, or other purposes. 2. AqNova Private Label Products: Where AqNova sells products under its own AqNova brand or label (if introduced in future), AqNova is the seller of record for those products only, and full seller obligations apply. 3. DSA Article 6 — Loss of Hosting Safe Harbor: AqNova may lose its hosting safe harbor protection in the EU if it has actual knowledge of illegal content and fails to act promptly. This does not make AqNova the seller of record, but does create direct liability for failure to remove unlawful listings upon acquiring actual knowledge. 4. US Section 230 Limitations — IP Claims: Section 230 immunity does not apply to federal intellectual property claims. AqNova may bear direct liability for facilitating trademark or copyright infringement if it has actual knowledge and fails to act. 5. Product Liability — Actual Knowledge Standard: In some US states and under the EU revised Product Liability Directive (2024/2853/EU), online marketplaces may be treated as economic operators with direct liability if they are the only party in the supply chain through which the consumer can obtain redress. 6. Australian Consumer Law — Supplier Deemed Status: Where a Vendor cannot be identified or is outside Australia's jurisdiction, and AqNova facilitated the supply, AqNova may be treated as the supplier under the ACL for consumer guarantee purposes. |
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D. How to Identify the Seller of Record on AqNova
AqNova provides transparent disclosure of the seller identity on every product listing page and in every Order Confirmation. Buyers can identify the seller of record by:
Viewing the "Sold by" or "Fulfilled by" field on every product listing page, which displays the Vendor's business name and country of establishment.
Reviewing the Order Confirmation email, which identifies the contracting Vendor and provides the Vendor's contact information.
Accessing the Vendor's storefront page, which discloses full Vendor information including business name, location, and contact details, as required by applicable e-commerce disclosure regulations (EU E-Commerce Directive Art. 5; UK Electronic Commerce Regulations Reg. 6; applicable national laws).
A. Vendor-Provided Content — Nature & Responsibility
All product descriptions, specifications, images, pricing information, stock availability notices, delivery estimates, certifications, quality marks, and sustainability claims displayed on the Platform are provided by the applicable Vendor and constitute the Vendor's commercial representations to Buyers. AqNova acts as the technical host and display channel for this content; it does not create, endorse, or individually guarantee the accuracy of Vendor-provided content.
AqNova deploys compliance screening, automated content moderation tools, and human review processes to identify and address content that violates its listing standards (set out in the Vendor Agreement, Section 2.2.2). The existence of these screening measures does not:
Transform AqNova from a content host into a content creator or endorser for liability purposes.
Constitute AqNova's individual guarantee that any specific product listing is accurate, complete, or compliant.
Impose on AqNova the duty of a publisher or broadcaster to verify each statement in every listing before publication.
Eliminate the Vendor's primary responsibility for the accuracy and legality of its listings.
B. Certification Verification — AqNova's Role & Limits
AqNova applies a tiered verification framework for sustainability and product certifications displayed on the Platform (described in full in the Vendor Agreement, Section 2.2.2.C). Within this framework:
| AqNova Certification Verification — What It Means & What It Does Not Mean WHAT AQNOVA DOES: — Requires Vendors to submit certification documentation for Tier 1 (certified) claims. — Conducts document authenticity spot-checks on submitted certifications. — Deploys automated scanning to flag listings using certification marks not matching the Vendor's submitted documentation. — Acts promptly to remove listings with confirmed fraudulent or expired certifications upon gaining actual knowledge of the issue. — Maintains a certification compliance database updated upon annual Vendor renewal. WHAT AQNOVA DOES NOT DO: — Individually verify every certification displayed on every listing at the time of each buyer purchase. — Guarantee the continued validity of any certification between periodic reviews. — Guarantee that the product shipped matches the certified product description. — Conduct physical product testing or laboratory analysis of any product on the Platform. — Constitute an endorsement of the certifying body's methodology or standards. CONSEQUENCE: AqNova's certification screening reduces the risk of fraudulent certification claims but does not eliminate it. Buyers who require absolute certainty of certification validity are advised to verify certifications directly with the certifying body. |
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C. Sustainability Claims Disclaimer
AqNova curates its marketplace to feature sustainable, organic, and eco-friendly products and requires Vendors to meet substantiation standards for sustainability claims (Section 2.2.2.C of the Vendor Agreement). Notwithstanding these requirements, AqNova makes the following explicit disclaimers regarding sustainability claims:
AqNova does not individually audit the lifecycle assessment, supply chain sustainability practices, carbon footprint, or environmental impact of any specific product or Vendor.
AqNova does not guarantee that products described as "organic," "eco-friendly," "sustainable," "carbon neutral," "Fair Trade," or using any other sustainability descriptor meet any particular standard beyond what the applicable certification requires, or beyond what the Vendor has represented.
Sustainability standards vary significantly across jurisdictions, certifying bodies, and industry sectors. A product described as "organic" under one national standard may not meet the organic standard of another jurisdiction.
AqNova's curation and verification processes represent a meaningful but not infallible quality control layer. Vendors who misrepresent sustainability credentials do so in breach of their Vendor Agreement and applicable law — and AqNova will take action upon discovery — but AqNova cannot guarantee that all misrepresentations are detected in real time.
D. Pricing Information Disclaimer
Prices displayed on the Platform are set exclusively by Vendors and may change at any time. AqNova does not set, control, or guarantee product prices. The following specific disclaimers apply:
Displayed prices are indicative until an order is confirmed. AqNova is not responsible for pricing errors, including software glitches that display an incorrect price, provided that AqNova notifies the Buyer of the error before fulfillment and offers the Buyer the option to proceed at the correct price or cancel without penalty.
Currency conversion displays are approximate and based on prevailing exchange rates at the time of page load. The actual settled transaction price is determined at the time of payment capture and may differ from the displayed estimate due to exchange rate movements.
"Original price" and "sale price" representations are Vendor assertions, subject to AqNova's pricing accuracy policies but not individually verified by AqNova against historical sales data.
E. User-Generated Content Disclaimer
The Platform may display user-generated content including buyer reviews, ratings, questions, answers, and community contributions. This content reflects the views and experiences of individual users and does not represent AqNova's views, endorsements, or warranties. AqNova applies review integrity controls (Section 2.3.5) but does not individually verify the accuracy of user-generated content. AqNova's hosting of user-generated content is protected by applicable intermediary safe harbor provisions (Section 2.4.5).
A. General Platform Warranty Disclaimer
| WARRANTY DISCLAIMER — PLEASE READ CAREFULLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION: THE AQNOVA PLATFORM, INCLUDING ALL CONTENT, FEATURES, SERVICES, TOOLS, AND INFORMATION PROVIDED THROUGH OR ON THE PLATFORM, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY. AQNOVA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: — IMPLIED WARRANTIES OF MERCHANTABILITY — IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE — WARRANTIES OF TITLE OR NON-INFRINGEMENT — WARRANTIES OF ACCURACY, RELIABILITY, COMPLETENESS, OR CURRENTNESS — WARRANTIES OF UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE PLATFORM OPERATION — WARRANTIES THAT DEFECTS WILL BE CORRECTED — WARRANTIES THAT THE PLATFORM OR ITS SERVERS ARE FREE FROM VIRUSES OR HARMFUL COMPONENTS AQNOVA DOES NOT WARRANT THE QUALITY, SAFETY, LEGALITY, OR FITNESS FOR PURPOSE OF ANY PRODUCT LISTED BY A VENDOR ON THE PLATFORM. AQNOVA DOES NOT WARRANT THAT SEARCH RESULTS, RECOMMENDATIONS, OR CURATION FEATURES WILL CONSISTENTLY IDENTIFY THE MOST SUITABLE PRODUCT FOR ANY PARTICULAR BUYER'S NEEDS. |
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B. Mandatory Consumer Rights — Non-Exclusion Carve-Outs
The warranty disclaimer in Section 2.4.3.A does not apply to, and does not in any way limit, exclude, or modify, mandatory consumer rights and statutory implied terms that cannot be excluded under applicable law. The following non-exhaustive list identifies the key mandatory rights that survive notwithstanding the warranty disclaimer:
| Jurisdiction | Mandatory Rights Preserved — Surviving the Warranty Disclaimer |
|---|---|
| European Union | Legal guarantee of conformity under EU Sale of Goods Directive (2019/771/EU): goods must conform for a minimum of 2 years. This guarantee runs between the Buyer and the Vendor as seller of record. Where AqNova is the deemed seller, this guarantee applies to AqNova directly. |
| United Kingdom | Implied terms under Consumer Rights Act 2015 (satisfactory quality, fitness for purpose, description) cannot be excluded for consumer contracts. Short-term right to reject (30 days) and subsequent repair/replacement rights are non-waivable. |
| United States — Federal | Magnuson-Moss Warranty Act protections for written warranties on consumer products. Federal Trade Commission Act Section 5 prohibition on unfair or deceptive acts. These are not excluded by this disclaimer. |
| United States — California | Song-Beverly Consumer Warranty Act implied warranty of merchantability; minimum 30-day warranty period on consumer goods sold in California; warranty disclaimers void as to California consumers for consumer goods. CLRA (Cal. Civ. Code § 1750): protection against unconscionable warranty disclaimers. |
| Canada | Implied warranties under provincial Sale of Goods Acts (merchantability, fitness for purpose); non-excludable consumer protection rights under provincial consumer protection legislation including Ontario CPA 2002 and Quebec Consumer Protection Act (Art. 38, 53). |
| Australia | Consumer guarantees under Australian Consumer Law (Competition and Consumer Act 2010, Sch. 2) CANNOT be excluded, restricted, or modified by contract. These apply directly between Buyer and Vendor (as seller), and potentially between Buyer and AqNova where AqNova is a supplier in the supply chain. |
| Brazil | Implied guarantees under the Brazilian Consumer Defense Code (CDC): legal warranty of 30 days (non-durable) / 90 days (durable) for apparent defects; contractual warranty if offered must be at least equal to the legal warranty. These rights cannot be excluded by contract (CDC Art. 51). |
| South Africa | Implied warranty of merchantability and fitness for purpose under the Consumer Protection Act 2008 (CPA s. 55). The right to return defective goods within 6 months (CPA s. 56). These rights cannot be excluded. |
| Nigeria | Consumer rights under the Federal Competition and Consumer Protection Act (FCCPA) 2019 including the right to safe products and right to redress for defective goods. Non-waivable statutory rights. |
| India | Non-waivable consumer rights under the Consumer Protection Act 2019 including the right to be heard, right to redress, and protection against unfair trade practices. |
| Japan | Mandatory disclosure and right of withdrawal obligations under the Specified Commercial Transactions Act; Consumer Contract Act (Art. 8): clauses excluding liability for intentional acts or gross negligence are void. |
| South Korea | Act on Consumer Protection in Electronic Commerce: mandatory obligations including right of withdrawal (7 days), truthful information, and non-excludable consumer protections. |
| Colombia | Non-waivable consumer protections under Ley 1480 de 2011 (Estatuto del Consumidor): right to effective product guarantee; right to information; right to redress. |
| Chile | Non-waivable protections under Ley 19.496: right to truthful information; right to warranty (6 months); right to repair, replacement, or refund. |
| Argentina | Non-waivable protections under Ley 24.240: consumer right to truthful information; implied warranty rights; right to rescission for defective goods. |
C. Third-Party Content & Links Disclaimer
The Platform may contain links to third-party websites, applications, or services, including Vendor storefronts hosted on external platforms, social media pages, certification body verification portals, and logistics tracking systems. AqNova does not endorse, control, or assume responsibility for the content, privacy practices, or accuracy of any third-party website or service. Access to third-party sites is at the user's own risk and subject to the terms and conditions of those third parties.
D. Platform Availability Disclaimer
AqNova does not guarantee uninterrupted access to the Platform. The Platform may be unavailable due to: scheduled maintenance; emergency security patches; infrastructure failures by third-party hosting providers; distributed denial-of-service (DDoS) attacks; domain name system (DNS) disruptions; force majeure events; or regulatory orders. AqNova will use commercially reasonable efforts to provide advance notice of planned maintenance and to restore service promptly following unplanned outages. Platform downtime does not, in itself, give rise to a claim against AqNova for lost profits, revenue, or other consequential losses, subject to mandatory law.
E. AI & Algorithm Disclaimer
The Platform employs artificial intelligence and machine learning systems for product recommendations, search ranking, fraud detection, compliance screening, and other operational purposes. These systems are designed to assist users but are not infallible. AqNova makes no warranty that AI-generated recommendations, personalization outputs, or algorithmic search results are accurate, unbiased, complete, or optimally matched to any individual user's needs. Users should exercise their own judgment in evaluating Platform recommendations and should not rely exclusively on algorithmic outputs for significant purchasing decisions.
A. General Limitation of Liability
| LIMITATION OF LIABILITY — PLEASE READ CAREFULLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: AQNOVA'S TOTAL AGGREGATE LIABILITY TO ANY USER — WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY — FOR ALL CLAIMS ARISING FROM OR RELATING TO THE PLATFORM, THESE TERMS, OR ANY TRANSACTION CONDUCTED THROUGH THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL PLATFORM FEES PAID BY OR ATTRIBUTABLE TO THE APPLICABLE USER TO AQNOVA IN THE TWELVE (12) CALENDAR MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00). THIS LIMITATION APPLIES TO ALL CLAIMS IN THE AGGREGATE, NOT PER INCIDENT. IF A USER HAS MULTIPLE CLAIMS, ALL CLAIMS ARE COLLECTIVELY SUBJECT TO THIS CAP. |
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B. Exclusion of Consequential, Incidental & Punitive Damages
| EXCLUSION OF DAMAGE CATEGORIES — PLEASE READ CAREFULLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AQNOVA, ARIVON HOLDING CORPORATION, OR THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, OR LICENSORS BE LIABLE FOR ANY OF THE FOLLOWING, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: — LOSS OF PROFITS OR ANTICIPATED PROFITS — LOSS OF REVENUE OR TURNOVER — LOSS OF BUSINESS OR BUSINESS OPPORTUNITY — LOSS OF DATA OR CORRUPTION OF DATA — LOSS OF GOODWILL OR REPUTATION — LOSS OF ANTICIPATED SAVINGS — COST OF SUBSTITUTE GOODS OR SERVICES — INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES — CONSEQUENTIAL OR PUNITIVE DAMAGES — EXEMPLARY DAMAGES — ANY DAMAGES ARISING FROM THIRD-PARTY CLAIMS — ANY LOSS ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA BY A THIRD PARTY — ANY LOSS ARISING FROM VENDOR NON-DELIVERY, PRODUCT DEFECTS, OR VENDOR MISREPRESENTATION (BEYOND AQNOVA'S BUYER PROTECTION OBLIGATIONS) |
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C. Mandatory Exceptions — Liability That Cannot Be Limited
The liability limitations in Sections 2.4.4.A and 2.4.4.B do not apply to, and do not limit or exclude, AqNova's liability in the following circumstances:
| Exception | Legal Basis & Jurisdiction |
|---|---|
| Death or personal injury caused by AqNova's negligence | Cannot be excluded under English law (Unfair Contract Terms Act 1977; Consumer Rights Act 2015); EU law (applicable national tort law); Australian Consumer Law; Canadian common law; and equivalent mandatory law in all jurisdictions. This exception applies globally. |
| Fraud or fraudulent misrepresentation by AqNova | Cannot be limited or excluded under any applicable legal system. Applies globally without exception. |
| AqNova's liability under applicable data protection law | GDPR Article 82 (EU); UK GDPR; CCPA/CPRA (California); LGPD (Brazil); POPIA (South Africa); DPDPA (India); and equivalent data protection statutes impose direct liability on data controllers and processors. These cannot be limited by contract. |
| Consumer guarantees under Australian Consumer Law (ACL) | Liability for breach of non-excludable consumer guarantees under the ACL cannot be limited or excluded. However, where goods are not ordinarily acquired for personal, domestic, or household use, liability may be limited to repair, replacement, or re-supply. |
| UK Consumer Rights Act 2015 — Services Liability | Liability for services not performed with reasonable care and skill, where the financial loss to the consumer arises directly from AqNova's failure (as distinct from a Vendor's failure), cannot be excluded under the Consumer Rights Act 2015. |
| California CLRA — Unconscionable Limitation | Under the California Consumers Legal Remedies Act (Cal. Civ. Code § 1751), any waiver or limitation of consumer rights in a consumer contract that is unconscionable may be void. California courts have discretion to refuse to enforce unreasonably one-sided liability caps. |
| EU Product Liability Directive (revised 2024/2853/EU) | AqNova, as an online marketplace, may bear direct product liability where the manufacturer, importer, or authorized representative cannot be identified or located by the damaged party within a reasonable time, and AqNova fails to identify a responsible economic operator. Applicable from December 2026 in EU member states. |
| Brazil — CDC Mandatory Liability | Brazilian Consumer Defense Code Articles 12–17 establish absolute liability (responsabilidade objetiva) for defective products and services for all entities in the supply chain, including intermediaries, to the extent Brazilian mandatory law applies. |
| Nigeria — FCCPA Mandatory Liability | Section 130 of the FCCPA 2019 imposes liability on all parties involved in the supply chain for products that are unsafe or that cause harm to consumers. Contractual limitations do not override this mandatory statutory liability. |
D. Reasonableness of Limitation & Good Faith Commitment
AqNova acknowledges that liability limitations must be reasonable and transparent to be enforceable under applicable law. AqNova's liability cap reflects the nature of its intermediary role: AqNova does not manufacture, inspect, or control the physical products sold on the Platform, and it is not commercially reasonable to expose AqNova to unlimited liability for the independent acts and omissions of thousands of independent Vendors operating across dozens of jurisdictions.
AqNova's Buyer Protection Program (Section 2.1.3) provides a meaningful practical remedy for Buyers who suffer loss as a result of Vendor non-performance or misrepresentation, within the BPP's defined scope. Where Buyer Protection applies, it operates independently of and in addition to any legal liability of AqNova or the Vendor.
AqNova commits to reviewing its liability framework periodically as the regulatory landscape evolves — particularly in light of the EU revised Product Liability Directive (effective December 2026), the DSA's risk management obligations for Very Large Online Platforms, and emerging marketplace operator liability legislation in other jurisdictions.
2.4.5 Intermediary Safe Harbor Protections — Jurisdiction-by-Jurisdiction
AqNova's intermediary liability protections are grounded in the safe harbor regimes established by applicable law in the jurisdictions where it operates. These safe harbors protect AqNova from automatic liability for user-generated content and Vendor-provided information, subject to the conditions described below. They represent a deliberate policy choice by legislators worldwide to encourage the development of online platforms by limiting intermediary liability for third-party content, while imposing obligations on platforms to act expeditiously when they gain actual knowledge of unlawful content.
A. United States — CDA Section 230 & DMCA Safe Harbor
Communications Decency Act Section 230 (47 U.S.C. § 230)
Section 230 does NOT apply to federal criminal law claims, electronic privacy law violations, or sex trafficking claims under FOSTA-SESTA (18 U.S.C. § 2421A).
Digital Millennium Copyright Act — Safe Harbor (17 U.S.C. § 512(c))
AqNova claims the DMCA Section 512(c) "hosting" safe harbor for copyright infringement claims arising from Vendor-uploaded product images, text, and other copyrighted content. To maintain this safe harbor, AqNova:
Designates and maintains a registered DMCA agent with the US Copyright Office: dmca@aqnova.co.
Acts expeditiously to remove or disable access to infringing material upon receiving a valid DMCA takedown notice.
Does not have actual knowledge that the material is infringing, or upon obtaining such knowledge, acts expeditiously to remove or disable access to the material.
Does not receive a financial benefit directly attributable to infringing activity in circumstances where AqNova has the right and ability to control the activity.
Implements and maintains a repeat-infringer termination policy.
Parties wishing to submit a DMCA notice or counter-notice must comply with the requirements of 17 U.S.C. § 512 and submit to: dmca@aqnova.co. AqNova will process valid notices within 3 Business Days and will promptly restore access upon receipt of a valid counter-notice, subject to the applicable counter-notice waiting period.
B. European Union — E-Commerce Directive & Digital Services Act
E-Commerce Directive (2000/31/EC) — Article 14 Hosting Safe Harbor
AqNova claims the hosting safe harbor under Article 14 of the EU E-Commerce Directive, as implemented in national law across EU Member States. Under Article 14, AqNova is not liable for information stored at the request of a Vendor (i.e., product listings and related content) provided that:
AqNova does not have actual knowledge of illegal activity or information and, as regards claims for damages, is not aware of facts or circumstances from which the illegal activity or information is apparent; AND
Upon obtaining such knowledge or awareness, AqNova acts expeditiously to remove or disable access to the information.
AqNova proactively monitors the Platform for illegal content through automated screening and human review. Proactive monitoring does not result in AqNova losing the Article 14 safe harbor, provided that AqNova does not acquire specific actual knowledge of specific illegal content without acting.
Digital Services Act (EU 2022/2065) — Enhanced Obligations
The DSA, applicable from February 2024, introduces significantly enhanced obligations for online intermediaries and platforms operating in the EU. AqNova's DSA compliance framework includes:
Notice and Action mechanism: AqNova operates a clear, accessible mechanism for any individual or entity to notify AqNova of allegedly illegal content. Notices are processed promptly and in good faith. AqNova provides transparent feedback to reporters on the action taken.
Trusted Flaggers: AqNova recognizes and prioritizes notices submitted by DSA-designated Trusted Flaggers in applicable EU Member States.
Transparency Reporting: AqNova publishes an annual transparency report on content moderation activities, including the volume of illegal content reported and removed, as required by DSA Article 15.
Terms of Service Accessibility: AqNova's terms are written in plain, intelligible language and are available in the official languages of EU Member States where AqNova actively operates.
Non-Discrimination: AqNova's content moderation processes do not discriminate on the basis of nationality or country of residence within the EU.
Very Large Online Platform (VLOP) Status: If AqNova reaches the VLOP threshold of 45 million active monthly users in the EU, additional VLOP-specific obligations will apply, including independent risk assessments and audits. AqNova will notify users and regulators upon reaching this threshold.
C. United Kingdom — Electronic Commerce Regulations 2002
AqNova claims the hosting safe harbor under Regulation 19 of the UK Electronic Commerce (EC Directive) Regulations 2002, which provides equivalent protection to the EU Article 14 safe harbor for content stored at the request of recipients of the service (i.e., Vendors). AqNova complies with the UK Online Safety Act 2023 framework for illegal content removal and user protection, including:
Risk assessments for illegal harms and content that is harmful to children (where applicable).
Implementation of proportionate safety measures aligned with AqNova's risk profile.
Complaint and appeals mechanisms accessible to UK users.
D. Canada — Intermediary Liability Framework
Canada does not have a single comprehensive intermediary liability safe harbor equivalent to Section 230 or Article 14. AqNova's intermediary liability protection in Canada is grounded in:
Common law principles of innocent dissemination: AqNova, as a passive host of Vendor content, is not treated as a publisher for defamation purposes where it lacks knowledge of the defamatory nature of the content and has not played an active role in its creation.
Copyright Act (R.S.C. 1985, c. C-42) — Notice and Notice Regime: AqNova complies with Canada's notice and notice regime by forwarding copyright infringement notices received from rights holders to the applicable Vendor within the required timeframe. AqNova does not automatically remove content upon receipt of a notice; removal occurs upon receipt of a court order or upon AqNova independently determining the content is infringing.
CASL (Anti-Spam Legislation): AqNova is not liable for commercial electronic messages sent by Vendors to their customers through Vendor-operated communication channels that are separate from AqNova's Platform infrastructure.
E. Brazil — Marco Civil da Internet
AqNova's intermediary liability protection in Brazil is provided by the Marco Civil da Internet (Law 12,965/2014). Under Article 19 of the Marco Civil, AqNova as a provider of internet applications can only be held liable for third-party content (Vendor-generated listings) where it fails to comply with a specific judicial order to remove the content within the timeframe specified in the order. AqNova is not required to proactively monitor for unlawful content as a condition of maintaining this protection, but proactively does so as a matter of Platform integrity. AqNova complies with all judicial takedown orders issued by Brazilian courts within the specified timeframe.
F. Africa — Electronic Transaction & Safe Harbor Frameworks
| Jurisdiction | Applicable Intermediary Liability Framework |
|---|---|
| South Africa — ECTA (Act 25 of 2002) | The Electronic Communications and Transactions Act 2002 provides hosting safe harbor protection for information system service providers (Section 78): AqNova is not liable for cached or stored third-party content where it: has no knowledge of unlawful content; acts expeditiously to remove or disable access upon gaining knowledge; and complies with any court order to remove unlawful content. AqNova designates a complaint recipient: legal@aqnova.com. |
| Nigeria — Cybercrimes Act 2015 | The Cybercrimes (Prohibition, Prevention, etc.) Act 2015 does not include an explicit general intermediary safe harbor. However, Nigerian courts and regulators apply principles of actual knowledge and failure to act in assessing intermediary liability. AqNova maintains an active content reporting and removal system accessible to Nigerian users at compliance@aqnova.co and processes removal requests promptly. |
| Kenya — KICTANet / Consumer Protection Act 2012 | Kenya does not have a comprehensive intermediary safe harbor statute. AqNova relies on common law principles and complies with any orders of the Communications Authority of Kenya or Kenyan courts. AqNova's proactive content moderation and takedown process applies equally to Kenya-based user reports. |
| Ghana — Electronic Transactions Act 2008 (Act 772) | Part Five of the Electronic Transactions Act provides that network service providers are not liable for third-party information they merely transmit, cache, or store (hosting), subject to conditions including: lack of knowledge; expeditious removal upon gaining knowledge; and compliance with court orders. AqNova's intermediary protection in Ghana is grounded in this framework. |
| Egypt — E-Signature & Related Laws | Egyptian Decree 15/2004 and related cybercrime legislation provide limited intermediary protection. AqNova complies with orders from the National Telecom Regulatory Authority (NTRA) and Egyptian courts to remove unlawful content. |
G. Asia & Asia-Pacific — Safe Harbor Frameworks
| Jurisdiction | Applicable Intermediary Liability Framework |
|---|---|
| India — IT Act 2000 (s. 79) & IT (Intermediary Guidelines) Rules 2021 | Section 79 of the Information Technology Act 2000 provides safe harbor for intermediaries that do not initiate, select recipients, or modify content. AqNova complies with the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, including: publishing terms of use, privacy policy, and user agreement; appointing a Grievance Officer for India (grievance-india@aqnova.co); acknowledging complaints within 24 hours and resolving within 15 days; and implementing expeditious takedown of unlawful content. |
| Australia — Online Safety Act 2021 | The Online Safety Act 2021 establishes the eSafety Commissioner's powers in relation to online platforms. AqNova complies with Basic Online Safety Expectations (BOSE) including having clear reporting mechanisms and acting to minimize serious online harms. Specific safe harbor provisions for hosting third-party commercial content derive from Australian common law and the Australian Consumer Law framework. |
| Singapore — Electronic Transactions Act 2010 | Part III of Singapore's Electronic Transactions Act provides safe harbor for network service providers, including hosting providers (Section 28): AqNova is not liable for third-party content hosted on the Platform where it lacks actual knowledge of unlawful content and acts expeditiously to remove upon gaining knowledge. AqNova designates a Singapore contact for legal notices: legal@aqnova.com. |
| Japan — Provider Liability Limitation Act (2001) | Japan's Act on the Limitation of Liability of Specified Telecommunications Service Providers and the Disclosure of Identifying Information of the Senders (Provider Liability Limitation Act) limits AqNova's liability for third-party Vendor content where AqNova lacks knowledge of the illegality of the content and acts to remove illegal content upon acquiring knowledge. AqNova complies with the amended Act's requirements effective 2022. |
| South Korea — Network Act (Act on Promotion of Information and Communications Network Utilization) | The Network Act provides limited liability protection for telecommunications service providers for user-uploaded content where the provider lacks knowledge of and acts to remove illegal content upon notification. AqNova complies with the Korea Communications Standards Commission (KCSC) takedown system for Korea-specific illegal content removal requests. |
| China — E-Commerce Law 2019 (Art. 38) | China's E-Commerce Law imposes enhanced obligations on platforms. AqNova may not currently operate within mainland China. Where applicable, Article 38 provides that where a platform knows or should know that a platform business operator is infringing consumer rights and fails to take necessary measures, the platform bears joint and several liability. AqNova's compliance framework addresses this through active listing monitoring. |
H. Latin America — Intermediary Liability Frameworks
| Jurisdiction | Applicable Framework |
|---|---|
| Colombia — Law 527 of 1999 & CONPES 3975 | Colombia's e-commerce framework (Law 527/1999) and subsequent CONPES policy documents provide limited safe harbor protection for information intermediaries that act as passive conduits. Colombia's emerging platform regulation framework draws on the EU DSA model. AqNova complies with takedown orders from Colombian courts and the Superintendencia de Industria y Comercio (SIC). |
| Chile — Consumer Protection Law (Ley 19.496) | Chile does not have a specific intermediary safe harbor statute. Intermediary liability is assessed under general principles of civil liability. AqNova's proactive content moderation, complaint system, and expeditious takedown process support its intermediary defense under Chilean law. AqNova complies with orders from Chilean courts and SERNAC. |
| Argentina — E-Commerce & Civil Liability Framework | Argentina's Código Civil y Comercial (Articles 1708 et seq.) governs civil liability. Courts have applied a knowledge-based standard for platform liability: platforms are not liable for third-party content where they lack knowledge and act to remove unlawful content upon gaining knowledge. AqNova complies with orders from Argentine courts and the Secretaría de Comercio Interior. |
| Mexico — LFPDPPP & Federal Consumer Protection Law | Mexico's Federal Consumer Protection Law (Ley Federal de Protección al Consumidor) and the LFPDPPP (data protection law) apply to AqNova's Mexican-user operations. AqNova complies with PROFECO (consumer protection agency) orders and court orders for content removal. A dedicated Mexico complaints channel is maintained at compliance@aqnova.co. |
A. Primary Product Liability — Vendor's Responsibility
As the seller of record for all standard marketplace transactions, the Vendor bears primary and exclusive product liability for:
Physical harm or property damage caused by a defective or dangerous product listed and sold by the Vendor on the Platform, to the extent attributable to the Vendor's product, manufacturing, design, or labeling.
Economic loss suffered by a Buyer arising from the Vendor's product failing to conform to the Vendor's contractual description or applicable statutory guarantees.
Regulatory non-compliance resulting in product recalls, enforcement actions, or import seizures, where such non-compliance is attributable to the Vendor's failure to meet applicable product safety, labeling, or certification standards.
Intellectual property infringement arising from the Vendor's sale of counterfeit goods or goods that infringe third-party patents, trademarks, or copyrights.
Personal data breaches or privacy violations arising from the Vendor's independent data processing activities in connection with Platform orders.
B. AqNova's Secondary Exposure & Risk Mitigation
Notwithstanding the Vendor's primary liability, AqNova acknowledges that its role as a marketplace operator creates certain secondary or incidental legal exposure in the following circumstances, which AqNova actively mitigates:
| Exposure Scenario | AqNova's Risk Mitigation Approach | Residual Legal Position |
|---|---|---|
| EU Product Liability Directive (2024) — Only Addressable Operator | AqNova maintains complete Vendor identification data and ensures it is accessible to EU authorities and consumers upon request. AqNova cannot be the only addressable operator where the Vendor information is accessible. | If Vendor remains identifiable and accessible, AqNova's exposure is limited. AqNova cooperates fully with injured party inquiries to provide Vendor identification. |
| US Marketplace Seller Liability (state law trends) | AqNova maintains Vendor insurance requirements (where implemented) and cooperates with product liability investigations. Compliance screening reduces exposure from prohibited dangerous products. | Exposure limited to cases where AqNova had actual knowledge of a dangerous product and failed to act. Good-faith compliance screening supports AqNova's defense. |
| Product Recall Obligations | AqNova implements mandatory recall cooperation: upon notification of a product recall by CPSC (US), EU RAPEX/GPSR, ACCC, NAFDAC, or equivalent authority, AqNova removes recalled listings within 24 hours and notifies known purchasers. | AqNova bears no primary recall liability for Vendor products. AqNova's prompt removal and buyer notification is required by DSA (EU) and good practice standards globally. |
| Cross-Border Supply Chain — Customs Liability | AqNova's role is the marketplace facilitator. Customs compliance for cross-border shipments is the Vendor's responsibility. AqNova does not hold goods in customs or act as importer of record. | AqNova has no direct customs liability for Vendor-shipped goods. Liability for customs misdeclaration rests with the Vendor and/or carrier. |
| ACL — Supplier in Supply Chain (Australia) | AqNova maintains records that identify the Vendor (manufacturer or importer) to satisfy Australian Consumer Law supply chain transparency requirements. | If Vendor is identifiable, ACL consumer guarantees run to the Vendor. If Vendor is unreachable, AqNova's secondary ACL exposure may be activated. BPP provides a practical remedy in these cases. |
C. Vendor Indemnification of AqNova
Each Vendor agrees — as a material term of the Vendor Agreement — to indemnify, defend, and hold harmless AqNova and Arivon Holding Corporation, together with their respective officers, directors, employees, contractors, agents, affiliates, and licensors (collectively, "AqNova Indemnitees"), from and against all third-party claims, actions, proceedings, liabilities, judgments, damages, losses, costs, and expenses (including reasonable legal fees and disbursements) arising from or relating to:
Any claim that a product listed, described, or sold by the Vendor on the Platform caused death, personal injury, property damage, or economic loss to any person.
Any claim arising from the Vendor's product being defective, mislabeled, non-compliant with applicable product safety regulation, counterfeit, or otherwise in breach of applicable law.
Any regulatory investigation, enforcement action, fine, or penalty imposed on AqNova or AqNova Indemnitees as a result of the Vendor's products or Platform conduct.
Any claim arising from the Vendor's infringement of any third-party intellectual property right in connection with its Platform listings or activities.
Any claim arising from the Vendor's false, misleading, or unsubstantiated product descriptions, certification claims, or sustainability representations.
Any claim arising from the Vendor's breach of the Vendor Agreement, Platform Terms & Conditions, or Acceptable Use Policy.
AqNova reserves the right to assume exclusive control of the defense of any matter subject to indemnification by a Vendor, at the Vendor's cost. The Vendor must cooperate fully with AqNova's defense strategy and must not settle any claim that imposes obligations on AqNova without AqNova's prior written consent.
D. Vendor Insurance Requirements
AqNova strongly recommends that all Vendors maintain adequate commercial liability insurance, including product liability insurance appropriate for the nature and volume of their Platform activities. Enterprise Vendors and Vendors in high-risk product categories (electronics, food and beverage, health products, children's goods, and similar) may be required, as a condition of their continued Platform participation, to maintain minimum coverage levels and to provide AqNova with proof of insurance upon request.
AqNova reserves the right to require proof of product liability insurance as part of the onboarding or periodic re-verification process, particularly for Vendors whose products have a higher than average risk profile or whose sales volumes exceed defined thresholds. The failure of a Vendor to maintain required insurance constitutes a material breach of the Vendor Agreement.
2.4.7 Contact Information — Liability & Legal Notices
| AqNova — Liability, Legal & Regulatory Contacts General Legal Inquiries & Notices: legal@aqnova.com DMCA / Copyright Takedown Notices: dmca@aqnova.co EU DSA Notice & Action: dsa@aqnova.co EU/UK GDPR Data Inquiries: gdpr@aqnova.co Product Safety / Recall Notifications: safety@aqnova.co India Grievance Officer: grievance-india@aqnova.co Law Enforcement & Regulatory Inquiries: legal@aqnova.com General Compliance: compliance@aqnova.co Accessibility: accessibility@aqnova.co Registered Office: Arivon Holding Corporation C/O Arivon Holding Corporation, 2571 Saturn Avenue, Unit #265 Huntington Park, CA 90255, USA California File Number: B20250418195 | EIN: 41-3210066 | D-U-N-S: 142957477 GB EORI: GB511467217000 Nigeria (Sahara Eagle Ltd) — Reg: 1957145 | Tax ID: 31052811-0001 | NEPC Reg: 0030281 |
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AqNova Marketplace | Global Legal Footer Framework | Section 2.4: Marketplace Liability & Disclaimers
© 2026 Arivon Holding Corporation. All rights reserved. Effective April 7, 2026. Version 1.0.
THIS DOCUMENT IS FOR PLATFORM GOVERNANCE PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE. CONSULT QUALIFIED LEGAL COUNSEL FOR JURISDICTION-SPECIFIC GUIDANCE.