11 Mar. 2010
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Terms and Conditions
You must be over 18 years of age to become a member of this site and Agree to all terms and conditions before registering to Buy or Bid These terms may change, please read them regularly by clicking the TERMS AND CONDITIONS link at the botton of every page. NO PROHIBITED OR ILLEGAL ITEMS ,POROGRAPHIC MATERIAL OF ANY KIND CAN BE LISTED OR LINKED TO THIS SITE! By Using the Buy or Bid web site and the services offered constitutes your acceptance of all terms and conditions stated in the below User Agreement. Buy or Bid reserves the right to change or amend this agreement at any time. Changes or Amendments will be posted to our site and considered Immediately from the date they are posted to the site. If you do not agree to such changes, you may request that we close your account by contacting us. All questions regarding this User Agreement should be sent via email to Legal Support. 1. Eligibility of Membership / Registration To use our services, you must be at least 18 years of age and be able to form or enter into a legally binding contract in accordance with applicable laws. If you are eligible to use our services, you must complete the Registration process by providing Buy or Bid with true and correct information as required on the Buy or Bid registration form. If the information you provide is found to be false or non-verifiable, we may suspend or terminate your registration and account. 2. Buy or Bid Is Just a Selling Portal Buy or Bid is an Internet site on which registered users post ads offering merchandise which they possess and wish to sell in an open auction environment. Registered users may also Buy or Bid on such merchandise. At no time does Buy or Bid possess, hold, or offer any merchandise for sale or auction, nor are we involved in any part of the actual transaction. Buy or Bid serves only as a venue in which individual sellers and buyers may engage in transactions between each other. Because of our non-involvement in these transactions, it is the sole responsibility of the seller to accurately represent the quantity, quality, safety, authenticity, and availability of the items the seller has listed on the site. Furthermore, it is the responsibility of the bidder/buyer to verify with the seller any or all information about any item listed on Buy or Bid's, for which they intend on placing a bid, before placing such bid. Buy or Bid can not be responsible for a sellers willingness or ability to sell any item they have listed, or a Bidders willingness to follow through with a transaction for an item(s) for which they have placed a bid. We encourage open communication between buyers and sellers before and after any transaction takes place. 3. User Verification Because of difficulties involved with verification over the Internet, Buy or Bid is unable to guarantee that a user is who they may claim to be. If you are uncertain as to another users identity, we suggest that you contact them. You may also review any members feedback profile to see what others have said about dealing with them. Or if you see a Verified logo next their username this means that they are a verified user. 4. Disputes and Release Because Buy or Bid has no involvement in transactions between users we can not get involved in disputes between users. You hereby release Buy or Bid (including all officers, employees, parent companies, contractors, suppliers, or agents) from any and all types of damages or claims resulting from such disputes. 6. Placing Bids By placing a bid on an item(s) listed on Buy or Bid 's, you are stating that you have the ability and intention to purchase the item for the amount of your bid, should the auction end and you are the high bidder. In the case of a reserve auction, if your bid meets or exceeds the sellers stated reserve price, you agree to purchase the item(s) for the amount of your winning bid. Before placing a bid in an auction, you should be certain you understand all terms and conditions of the sale as indicated by the seller. Placing a bid is considered a legal, binding contract in most states. If you have any questions about an item, or the seller offering the item, you should ask the seller before placing your bid. Only in certain situations would bid withdrawal be acceptable. These situations may include: a) The seller has made changes to the description of the item after your bid was placed. b) The seller has made a typographical error in the description of the item. c) You have contacted the seller and received their express permission to withdraw your bid. Bidders may not engage in the following activity: a) Bidding in a manner that causes the maximum bid of other bidders to be revealed, then retract your high bid, and bid again at a lower increment above the true high bidder. b) Placing bids for the purpose of exposing the sellers reserve price, then retract your bid and bid again later with a secondary User ID. c) Bidding on any item that you do not have the intention or means to purchase at the close of the auction, should your high bid cause you to win the auction. You are encouraged to ask the seller of an item listed on Buy or Bid 's, any questions you may have regarding the sale of, or condition of the item before placing your bid. d) By placing a bid, you further state that the purchase and or delivery of the item does not violate any local, state or federal laws, regulations or guidelines regarding the sale or distribution of such item(s). 7. Fees and Charges ******************************************* The listing fee for posting an item on Buy or Bid NOT FREE. Also minimal charges for other auction posting features such as featured item listings, attention grabbers, bold listings, etc., should you wish to use them. There will be a final value fee imposed on all items sold (please see the "Auction Fees" page). You will be sent an invoice via email showing your account status. A negative balance indicates money owed on your account and is payable immediately. A positive balance indicates credit available to you for posting items for auction and our other services. We will extend a floating credit to you up to $100.00, at which time we will send you an invoice via email requesting payment. Should this payment not be made, your account will be suspended until payment is received, and posted to your account. Payments can be made way of direct deposit which is our preferred method or Cheque, please note when sending Cheques this payment method will delay us crediting your account as Cheques need 3 business working days to clear. , all payments can be made directly from your "Account Manager", which is our preferred method or thru Paypal, to the address listed in your "Account Manager". When payment is received, it will be processed, and posted to your account. 8. Personal Information ******************************************* Personal information is the information that you provide to Buy or Bidor to other members when: Completing the registration process. Listing an item. Placing a bid. Leaving feedback comments. Placing your credit card information on file with us. Posting messages in any lobby area. Using any email feature offered to you through use of the site. You are responsible for your personal information. In the event that your information creates a liability to us that may cause our Internet service provider, suppliers, agents, or contractors to sever their services to us because of such liability, we may take appropriate actions regarding such information. The use of your information is explained in our current Privacy Policy. Buy or Bid has strict policies relating to members' contact information: Buy or Bid members can't misrepresent their identities. Buy or Bid members must always provide valid and complete contact information. For everyone's safety, members are never permitted to publish the contact information of other members in an online public area. Every Buy or Bid membership must always have a valid email address. 9. Your SECURITY and Password You should NEVER disclose, share, or distribute your password to any third party. If you feel your password has been jeopardized, you may change your password at any time, and as often as you wish. 11. MALICIUS CONDUCT OR SITE INSTABILITY Any parties or individuals affiliated with, contracted by, or created by you whom take any actions to interfere with or interrupt, the operation or stability of the Buy or Bid web site. This includes, but is not limited to, the use of any software, device, or programming routine that could place excessive loads on our system or interfere with any listing or auction listed on our site, or any users account or information. 12. Feedback Buy or Bid provides registered users with the ability to leave comments about their experiences in dealing with other registered users, through our feedback system. The following actions regarding the use of the Feedback system are prohibited: Threatening another user with negative feedback for their refusal to perform actions not related to your transaction with that user or their failure to agree to terms and conditions of an auction that were not stated in the original listing. Leaving feedback that contains vulgarity or profanity. Leaving feedback that discloses another users personally identifiable information. Leaving comments that are negative in nature, through the selection of the Positive comment option. Buy or Bid provides you with an opportunity to "Retract" a negative feedback comment that you have left about another registered user within 30 days from the time you have posted such comment. This function should not be misused. Leaving multiple negative comments, and then retracting them, can result in suspension of your registration and account. In the event that your feedback rating should reach the status of -4 (negative 4) your registration and account may be suspended. It is expected that you will use the Feedback system in a manner that upholds and maintains the integrity of the Feedback System. 13. Privacy Buy or Bid takes several steps to protect and prevent the misuse of the personal and private information you supply us. You may review our current Privacy Policy. 14. Notice All notices given between both parties (You and Buy or Bid 's) will be made via email, certified mail, or registered mail. Notices we send you will be addressed to the email address which you provided during the registration process or currently have on file in your account with us. In these instances, unless the party sending the email is notified that the Recipients email address in not valid, such notices will be considered given 24 hours from the time the email is sent. Notices regarding changes to the terms and conditions of the User Agreement may be given by posting such changes to the site, and will be considered given and effective 30 days from the time of such posting. 15. Limitation of Liability - Non Warranty IN NO EVENT SHALL Buy or Bid(INCLUDING OUR SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES) BE LIABLE FOR LOST PROFITS, REVENUES, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) RESULTING FROM OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SITE. THE SITE AND SERVICES ARE OFFERED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTIES OR GUARANTEES EXPRESSED OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. 16. Indemnification You agree to indemnify and hold harmless Buy or Bid 's, its officers, employees, parent companies, subsidiaries, contractors, vendors or affiliates, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Buy or Bid 's, the violation of this User Agreement by you, or the infringement by you or any other user of this site using your computer, of any intellectual property or other right of any person or entity. 17. Legal Responsibility It is your responsibility to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase and sale of items through our site. 18. No Partnership / Agency You and Buy or Bid act as independent contractors. At no time is any partnership, agency, joint venture, employee-employer or franchiser-franchisee relationship intended or created by this Agreement. 19. Violation of User Agreement We may terminate your account, registration temporarily or permanently should you violate any portion of this User Agreement. This includes the termination or suspension of any auctions you may be running at the time, without refund of any fees or compensation or liability for loss of business or revenues which you may claim, as a result of such termination. 20. General ******************************************* This Agreement and the terms and conditions herein, shall be governed by the laws of the State of NSW. You further submit to the legal jurisdiction of the state of NSW and agree that any legal action or proceeding regarding this Agreement, whether it be on a local, state, or federal level, shall be brought in , NSW, or a court within the jurisdiction of the state of NSW. 21. Disclosure ******************************************* The services herein are offered by Buy or Bid . Any Inquiries can be made to the following address: legal@buyorbid.com.au
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