General Terms and Conditions
User Agreement Welcome to the User Agreement for www.bidu4it.com ("User Agreement"). The services available at www.bidu4it.com This User Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains at www.bidu4it.com (the "Site"). If you do not agree to be bound by this User Agreement, you may not use or access our services. You must read, agree with and accept all of the terms and conditions contained in this User Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before you may become a user of the Site. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they contain further terms and conditions which apply to you as an bidu4it user. Please note: underlined words and phrases are click-through links to these pages and websites. By agreeing to this User Agreement, you also agree that your use of other bidu4it web sites will be governed by the user agreement posted on those other web sites. If you have any questions about this User Agreement, please refer to our User Agreement Frequently Asked Questions or our User Agreement Revision Frequently Asked Questions. We may amend this User Agreement at any time by giving you notice ("Notice") by either e-mail in accordance with your Notification Preferences or by posting the amended User Agreement on the Site. Any amended User Agreement will govern new user registrations from the date that it is posted on the Site. Existing users will be bound by the amended User Agreement after the expiry of 30 days following the date of a Notice. No other amendment to this User Agreement will be effective. Please note that different notice provisions apply to our Fees and Credits Policy as set out in section 6 below. This User Agreement is effective from Febuary 14th 2006 a.. Membership Eligibility. Our services are not available to, and may not be used by, persons under the age of 18 years or to temporarily or indefinitely suspended ebidbay members. If you are under 18 years old, you can use this service only in conjunction with and under the supervision of a parent or guardian. If you do not qualify, please do not use our services. If you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement. b.. User ID. You must choose a User ID and password on completion of registration. You are responsible for all actions taken under that User ID and password and shall only use or utilise the Site using your own User ID and password. You must use every effort to keep your password safe and should not disclose it to any other person. You shall not transfer or sell your User ID to any other person. You shall also not permit, either directly or indirectly, any other person to utilise your User ID or password. c.. bidu4it is Only a Venue. 3.1 bidu4it is not an auctioneer. Although we are commonly referred to as an online auction web site it is important to realise that we are not a traditional auctioneer. Instead, the Site acts as a venue which allows registered users to offer, sell, and buy just about anything which is legal, at any time, from anywhere, in a variety of price formats. We do not review listings provided by users, we never possess the items offered through the Site and we are not involved in transactions between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on the Site. We are not responsible for ensuring that buyers and sellers actually complete a transaction. You accept sole responsibility for the legality of your actions under laws applying to you. 3.2 Restricted Items. You must not offer, sell, bid for, or buy any items which we do not permit on the Site, as described in the list of Prohibited, Questionable and Potentially Infringing Items. We do not accept any obligation to protect you from unsafe items listed for sale on our Site. Please do not assume that items listed will be harmless to people or property. 3.3 Identity verification. We use many techniques to verify the accuracy of the information our users provide to us when they register on the Site. However, because user verification on the Internet is difficult, ebidbay cannot and does not confirm the purported identity of users or the validity of the information which users post to the Site. Our User ID feedback rating system will also help you to evaluate the user with whom you are dealing. We encourage you to communicate with potential trading partners using the tools available on the Site.
3.4 Feedback. You must not take any actions that may undermine
the integrity of the feedback system. We may limit the number of bids and
listings you may place on the Site and your other activities on the Site
based upon the level of your feedback. If you earn a net feedback rating
of -4, your right to use our services will be suspended, and you will be
unable to list or bid. Feedback ratings are not designed for any purpose
other than for facilitating trading between bidu4it users, and you agree that
you shall not market or export your bidu4it feedback rating in any venue other
than an bidu4it website. We do not allow you to import feedback from other
websites to bidu4it because such feedback does not reflect your reputation
within the bidu4it community.
3.5 Liability. In the event that you have any right, claim or
action against any other user arising from that user's use of the Site, you
agree to pursue such right, claim or action independently of and without
recourse to us, and you release ebidbay (and our parent, subsidiaries,
affiliates, officers, directors, agents and employees) from all claims,
liability, damages, losses, costs and expenses, including legal fees, known
and unknown, arising from or in any way connected with such right, claim or
action.
3.6 Information Control. We do not control the information
provided by other users which is made available through the Site. You may
find other user's information to be offensive, harmful, inaccurate, or
deceptive. Please use caution, common sense, and practice safe trading when
using the Site. Please note that there are also risks of dealing with
underage persons or people acting under false pretences. By using this Site,
you agree to accept such risks and agree that ebidbay is not responsible for
the acts or omissions of users on the Site.
d.. Bidding and Buying.
As a buyer, you have a legal obligation to complete a
transaction with a seller:
1.. if you purchase an item through one of our fixed price
formats; or
2.. if you are the highest bidder at the end of an
auction-style listing (meeting the applicable minimum bid or reserve
requirements and including any bid that becomes the highest after a valid
bid retraction) and your bid is accepted by the seller, unless the item is
listed in a category under our Non-Binding Bid Policy or the transaction is
prohibited by law or by this User Agreement.
By bidding on an item you agree to be bound by the conditions
of sale included in the item's description provided that those conditions of
sale are not in breach of this User Agreement or otherwise unlawful. Bids
are only retractable in exceptional circumstances, such as when the seller
materially changes the item's description after a bid is placed, a clear
typographical error is made, or you cannot authenticate the seller's
identity. Please refer to our Bid Retraction Policy for further
clarification. As buyer, you must ensure that you are legally able to bid
for and buy any item that you bid for.
e.. Listing and Selling.
5.1 Listing Description. If you are a seller, you must ensure
that you are legally able to sell each item included in a listing on the
Site, and that it is lawful to sell such item to UK residents or (if the
buyer is resident overseas) that it is lawful to sell and export such item
to a person resident in the buyer's jurisdiction. You must describe your
item and all terms of sale on the listing page of the Site. Your listings
may only include text descriptions, graphics, pictures and other content
relevant to the sale of that item and you are responsible for ensuring that
you have the right to use all content in your listings and we have the right
to host it on our servers. All items must be listed in an appropriate
category. All "Dutch Auction" or "multiple item listing" items must be
identical.
5.2 No Cancellation. You acknowledge that we will commence
supplying our services to you as soon as you have sent a "Sell Your Item"
form to us, and you recognise that you will not have the right to cancel any
listing under the Consumer Protection (Distance Selling) Regulations 2000 or
any equivalent legislation in your jurisdiction.
5.3 Binding Bids. A seller who receives at least one bid at or
above the stated minimum bid price (or in the case of reserve auctions, at
or above the reserve price) must complete the transaction with the highest
bidder on completion of the listing, unless: (a) the item is listed in a
category under our Non-Binding Bid Policy; (b) the buyer fails to meet the
conditions of the seller's listing (such as payment method); or (c) the
seller cannot authenticate the buyer's identity.
5.4 Fraud Without limiting any other remedies, we may suspend
or terminate your account if we suspect that you have engaged or are about
to engage in, or have been in any way involved in or linked to, fraudulent
activity in connection with the Site.
5.5 The Programme. We are not responsible for verifying a
seller's right to list and sell items. bidu4it Verified Rights Owner
programme attempts to ensure that listed items or the content of listings do
not infringe the copyright, trade mark or other intellectual property rights
of third parties. By participating in our programme, third parties can
notify us in the event that they believe their intellectual property rights
to have been infringed, and we may remove such infringing items and/or
suspend infringing sellers. Please note that selected personal information
which you provide to us may be made available to programme participants
as described in our Privacy Policy.
5.6 Manipulation. You must not manipulate the price of any
item or interfere with other user's listing(s). Without limitation, you must
not: (a) bid in a listing where you are the seller, or procure or encourage
any person to do so on your behalf; (b) contact bidders in a listing where
items are listed for sale in order to offer similar items to the bidders in
that listing; or (c) make bids or make any payment using a false User ID.
f.. Fees.
Joining ebidbay and bidding on items is free, although you will
remain responsible for the costs of accessing our Site and communicating
with our users. We charge fees for listing items for sale through our Site
and when you list an item you have an opportunity to review and accept the
fees that you will be charged. Our fees are described in our Fees and
Credits Policy which forms part of this User Agreement. We may change this
policy at any time, and any change will be effective after the expiry of 14
days following the date of posting on the announcements board on the Site
(or such later date as we may notify). However, we may choose to temporarily
change our Fees and Credits Policy and the fees for our services for
promotional events (for example, free listing days) and such changes are
effective when we announce the temporary promotional event on the Site. For
the avoidance of doubt, such promotional events shall not apply to any
listings on our Site at the time of the announcement. We may in our sole
discretion change some or all of our services at any time. In the event we
introduce a new service, the fees for that service are effective at the
launch of the service.
Unless otherwise stated, all fees are payable in GB Pounds
sterling. Whether you are a business or not, value added tax and other taxes
may apply to your transaction. Sellers will be responsible for paying all
fees associated with using our service and our Site and all applicable
taxes. You agree that we may issue you with invoices in electronic format by
email.
g.. Your Information.
7.1 Definition "Your Information" is defined as any
information you provide to us or other users in relation to the ebidBay service
including the registration, bidding, listing or feedback process (including,
without limitation, any description of items listed), your postings on the
message boards and any other content that you post within the Site. You are
solely responsible for Your Information, and we act as a mere conduit for
your online distribution and publication of Your Information.
7.2 Restrictions Your Information and your activities on our
Site must not:
1.. be false, inaccurate or misleading;
2.. be offensive or menacing, abusive, defamatory, or in
breach of copyright, confidence, privacy or any other rights;
3.. infringe any third party's copyright, patent, trade
mark, trade secret or other proprietary rights or rights of publicity or
privacy;
4.. be fraudulent or involve the sale of counterfeit or
stolen items;
5.. be in breach of any applicable laws or regulations
(including, but not limited to, laws governing export control, consumer
protection, unfair competition, anti-discrimination, false advertising);
6.. be obscene, indecent or contain child pornography;
7.. create liability for us or cause us to lose (in whole or
in part) the services of our ISPs or other suppliers;
8.. link directly or indirectly to or include descriptions
of goods or services that: (aa) are prohibited under this User Agreement;
(bb) are identical to other items you have up for sale but are priced lower
than your item's reserve or minimum bid amount; (cc) are concurrently listed
for sale on a website other than ebidbay (this does not prevent linking to or
advertising an ebidbay item from another website); or (dd) you do not have a
right to link to or include;
9.. contain any computer viruses, macro viruses, trojan
horses, worms or anything else designed to interfere with, interrupt or
disrupt the normal operating procedures of a computer or to surreptitiously
intercept, access without authority or expropriate any system, data or
personal information;
10.. cause the Site to be interrupted, damaged, rendered
less efficient or such that the effectiveness or functionality of the Site
is in any way impaired.
You must not list any item on the Site (or complete any
transaction initiated using the Site) that, by paying to us the listing fee
or the final value fee, could cause us to violate any applicable law or our
Prohibited, Questionable and Infringing Items Policy
7.3 Licence To enable ebidbay to use Your Information, you grant
us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free,
sublicensable (through multiple tiers) licence to exercise the copyright,
trade mark, publicity, and database rights you have in Your Information, in
any media now known or not currently known. You also waive all moral rights
you have in Your Information to the fullest extent permitted by law.
7.4 Access and Interference. The Site contains robot exclusion
headers. Much of the information on the Site is updated on a real time basis
and is proprietary or is licensed to ebidbay by our users or third parties. You
agree that you will not use any robot, spider, scraper or other automated
means to access the Site for any purpose without our express written
permission. Additionally, you agree that you will not: (i) take any action
that imposes, or may impose in our sole discretion an unreasonable or
disproportionately large load on our infrastructure; (ii) copy, reproduce,
modify, create derivative works from, distribute or publicly display any
content (except for Your Information) from the Site without the prior
expressed written permission of ebidbay and the appropriate third party, as
applicable; (iii) interfere or attempt to interfere with the proper working
of the Site or any activities conducted on the Site; or (iv) bypass our
robot exclusion headers or other measures we may use to prevent or restrict
access to the Site. We do not authorise you to extract or re-utilise
substantial parts of our Site, or to make systematic and repeated
extractions or re-utilisations of insubstantial parts of our Site.
7.5 Your Use of Other Users' Information. In order to
facilitate interaction among all ebidbay community members, our service allows
you limited access to other users' contact information. As a seller you have
access to the User ID, email address and other contact information of the
buyer or winning bidder(s), and as a buyer or winning bidder you have access
to the User ID, email address and other contact information of the seller.
By accepting this User Agreement, you agree that, with respect
to other users' personally identifiable information that you obtain through
the Site or through an ebidbay-related communication or ebidbay-facilitated
transaction, you may only use such information for: (a) ebidbay-related
communications that are not unsolicited commercial messages and relate to
your genuine participation in an bidu4it-facilitated transaction, (b) using
services offered through bidu4it (e.g. insurance, postal and fraud
complaints), and (c) any other purpose that such user expressly agrees to
after adequate disclosure of the purpose(s). In addition, you shall only use
such information in accordance with applicable laws and regulations,
including without limitation data protection and privacy laws. In all cases,
you must give users an opportunity to remove themselves from your database
and a chance to review what information you have collected about them. In
addition, under no circumstances, except as defined in this Section, can you
disclose personally identifiable information about another user to any third
party without our consent and the consent of such other user after adequate
disclosure. Note that law enforcement personnel, The programme
participants, and other rights holders are given different rights with
respect to information they access.
bidu4it and our users do not tolerate spam or unsolicited
commercial communications. Therefore, without limiting the foregoing, you
shall not add an bidu4it employee or an bidu4it user, even a user who has
purchased an item from you, to your mail list (email or physical mail)
without their express written consent after adequate disclosure. To report
spam from other bidu4it users, please send an email to the Trust and Safety
team via the web form.
7.6 Use of Email Tools. You may not use the Email This Auction
to a Friend service, or other email forwarding services that we offer, to
send spam or otherwise send content that would violate our User Agreement.
We do not permanently store the email messages or the email addresses.
h.. Breach.
Without limiting our other remedies, we may limit your
activity on the Site, immediately issue a warning, suspend or terminate your
user registration or any of your item listings and refuse to provide our
services to you without notice to you: (a) if you breach this User Agreement
or the documents incorporated by reference; (b) if, despite our reasonable
endeavours, we are unable to verify or authenticate any information you
provide to us; or (c) if we believe that your actions may cause us financial
loss or legal liability.
i.. Transfer of Data
We view protection of users' privacy as a very important
community principle. Please note that Your Information will be stored and
processed on our computers in the Wales. The laws on holding
personal data in the Wales may be less stringent than the UK laws
but ebidbay will hold and transmit Your Information in a safe, confidential and
secure environment. If you object to your Information being transferred or
used in this way please do not register.
j.. No Warranty.
We (and our parent, subsidiaries, affiliates, officers,
directors, agents and employees) do not guarantee continuous, uninterrupted
or secure access to our services, and operation of the Site may be
interfered with by numerous factors outside of our control. Our website and
our services are provided "as is" and as and when available, and to the
extent permissible by law we exclude all implied warranties, conditions or
other terms, whether implied by statute or otherwise, including without
limitation any terms as to skill and care or timeliness of performance. Some
jurisdictions do not allow the disclaimer of implied warranties, so the
foregoing disclaimer may not apply to you.
k.. Limitation of Liability.
Nothing in this User Agreement shall limit or exclude our
liability for fraudulent misrepresentation, or for death or personal injury
resulting from our negligence or the negligence of our, agents or employees.
Subject to the foregoing, we (including our parent, subsidiaries,
affiliates, officers, directors, agents and employees) will not be liable
for any economic losses (including, without limitation, loss of revenues,
profits, contracts, business or anticipated savings), any loss of goodwill
or reputation, or any special, indirect or consequential damages (however
arising, including negligence) arising out of or in connection with this
User Agreement. Some jurisdictions do not allow the exclusion of incidental
or consequential damages, so the above exclusion may not apply to you.
We (including our parent, subsidiaries, affiliates, officers,
directors, agents and employees) also have no liability of any sort
(including liability for negligence) for the acts or omissions of other
providers of telecommunications services or for faults in or failures of
their networks and equipment.
Our liability to you or any third party, and the liability of
our parent, subsidiaries, affiliates, officers, directors, agents and
employees, in any circumstance is limited to the greater of (a) the total
fees you have paid to us in relation to the listing or other service offered
giving rise to liability, and (b) £100.
l.. Indemnity.
You agree to indemnify and hold us and (as applicable) our
parent, subsidiaries, affiliates, officers, directors, agents, and
employees, harmless from any claim or demand, including reasonable legal
fees, made by any third party due to or arising out of your breach of this
User Agreement (including the documents incorporated by reference), or your
violation of any law or the rights of a third party.
m.. Notices.
Unless otherwise explicitly stated, notices to bidu4it must be
sent by registered mail to biu4it.com , Bays 1&2 Site No7 Grovebury Road Lieghton Buzzard Bedfordshire LU7 4SQ, and notices to you will be
sent to the email address that you provide to ebidbay during the registration
process (receipt is deemed 24 hours after an email is sent, unless we
receive notice that the email address is invalid), or by registered mail.
n.. Governing Law and Legal Compliance.
This User Agreement shall be governed by and construed in
accordance with English law and subject to the exclusive jurisdiction of the
English courts.
Please note, that your country (and/or that of any user you
deal with) may have laws which apply to your transactions with other users
regardless of what you agree with us (now) or with that user (later).
The laws of your country may be different from English law,
including laws governing what can be legally offered, sold, exported, bought
or imported. There may be additional legal requirements, relating to (for
example) the requirement to hold a licence to buy or sell certain items, or
to register a transfer in a central registry. You shall comply with all
applicable domestic and international laws, statutes, ordinances and
regulations regarding your use of our service and your bidding on, listing,
purchase and solicitation of offers to purchase and sale of items. There is
no practical way for us to continually monitor the laws of every country, or
each user transaction. Please do not assume that you are allowed to do what
other users do, or that we are approving or validating any transaction, even
if you have successfully made similar sales or purchases in the past.
o.. Dispute Resolution.
Disputes between you and bidu4it regarding our services may be
reported to bidu4it Customer Support. We encourage you to report all disputes
between users to your local law enforcement body.
p.. Third Party Rights.
A person who is not a party to this User Agreement has no
right under the Contracts (Rights of Third Parties) Act 1999 to enforce any
term of this User Agreement but this does not affect any right or remedy of
a third party specified in this User Agreement or which exists or is
available apart from that Act.
q.. General.
If any provision of this User Agreement is held to be invalid
or unenforceable, such provision shall be struck out and the remaining
provisions shall be enforceable. You agree that this User Agreement and all
incorporated agreements may be automatically assigned by bidu4it, in our sole
discretion, to a third party in the event of a merger or acquisition or any
other event. You and bidu4it are independent contractors, and no agency,
partnership, joint venture, employee-employer or franchisor-franchisee
relationship is intended or created by this User Agreement. Headings are for
reference purposes only and in no way define, limit, construe or describe
the scope or extent of such section. Our failure to act with respect to a
breach by you or others does not waive our right to act with respect to
subsequent or similar breaches. This User Agreement sets forth the entire
understanding and agreement between us with respect to its subject matter.
No oral explanation or oral information given by any party shall alter the
interpretation of this User Agreement.
This Agreement will prevail over any conditions of sale
imposed by a seller and our Privacy Policy, Outage Policy, Board Usage
Policy, Non-Binding Bid Policy, Listing Policy,
Prohibited, Questionable & Infringing Item Policy, and Non-Paying Bidder
Policy, are incorporated in this User Agreement by reference. Each of the
policies may be amended from time to time and material changes will be
posted on the Announcement Board except for the Privacy Policy for which we
will provide you with thirty days notice.
Sections 6 (Fees), 7 (Your Information), 11 (Limitation of
Liability), 12 (Indemnity), 14 (Governing Law), 15 (Dispute Resolution) and
16 (Third Party Rights) shall survive any termination of this User
Agreement.
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