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TERMS AND CONDITIONS. This User Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains at http://www.bids2u.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 a BIDS2U user. 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 14 days following the date of a Notice. No other amendment to this User Agreement will be effective. 1. BIDS2U Membership Eligibility. Our services are not available to, and may not be used by, persons under the age of 18 years. 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. 2. BIDS2U 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 utilize the website 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 utilize your User ID or password. 3. BIDS2U is Only a Venue – A selling point / point of sale. 3.A. BIDS2U is not an auctioneer. Although we are referred to as an online auction website it is important to realize that we are not a traditional auctioneer. Instead, the website 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 website 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 website. 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.B. Restricted Items. You must not offer, sell, bid for, or buy any items which we do not permit on the website. We do not accept any obligation to protect you from unsafe items listed for sale on our website. Please do not assume that items listed will be harmless to people or property. 3.C. Identity verification. We use many techniques to verify the accuracy of the information our users provide to us when they register on the website. However, because user verification on the Internet is difficult, BIDS2U cannot and does not confirm the purported identity of users or the validity of the information which users post to the website. Our User ID feedback 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.D. Liability. In the event that you have any right, claim or action against any other user arising from that user's use of the website, you agree to pursue such right, claim or action independently of and without recourse to us, and you release BIDS2U (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.E. Information Control. We do not control the information provided by other users which is made available through the website. 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 website. Please note that there are also risks of dealing with underage persons or people acting under false pretences. By using the BIDS2U website, you agree to accept such risks and agree that BIDS2U is not responsible for the acts or omissions of users on the website. 4. Bidding and Buying. As a buyer, you have a legal obligation to complete a transaction with a seller: · if you purchase an item through one of our fixed price formats; or · 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. 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. As buyer, you must ensure that you are legally able to bid for and buy any item that you bid for on the BIDS2U website. 5. Listing and Selling. 5.A 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 website, and that it is lawful to sell such item to residents in the country they reside in and 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 website. 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. 5.B 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 buyer fails to meet the conditions of the seller's listing (such as payment method); or (b) the seller cannot authenticate the buyer's identity. 5.C 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 BIDS2U website. 5.D 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. 6. Fees. Joining BIDS2U and bidding on items is free, although you will remain responsible for the costs of accessing our website and communicating with our users. We charge fees for items that are sold through our website. We may change this policy at any time, 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. Fees are due immediately to us when you have been paid yourself for goods sold. If fees remain unpaid we have the right to block your account and remove you from our system. Unless otherwise stated, all fees are payable in (£)GB Pounds Sterling / ($)US Dollars / (€)Euros. 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 website and all applicable taxes. You agree that we may issue you with invoices in electronic format by email and also collect fees due to us automatically by the credit card or payment method selected by you shown on your account panel within your BIDS2U account. 7. Your Information. 7.A Definition "Your Information" is defined as any information you provide to us or other users in relation to the BIDS2U service including the registration, bidding, listing or feedback process (including, without limitation, any description of items listed). You are solely responsible for Your Information. 7.B Restrictions Your Information and your activities on our website must not: a. be false, inaccurate or misleading; b. be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights; c. infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy; d. be fraudulent or involve the sale of counterfeit or stolen items; e. 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); f. be obscene, indecent or contain child pornography; g. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; h. 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; i. cause the website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the website is in any way impaired. 7.C Access and Interference to BIDS2U. You agree that you will not use any robot, spider, scraper or other automated means to access the website 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 website without the prior expressed written permission of BIDS2U and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the website or any activities conducted on the website. We do not authorize you to extract or re-utilize any part of our website, or to make systematic and repeated extractions or re-utilizations of insubstantial parts of our Site. 7.D Your Use of Other Users' Information. In order to facilitate interaction among all BIDS2U 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 BIDS2U website. 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. BIDS2U and our users do not tolerate spam or unsolicited commercial communications. Therefore, without limiting the foregoing, you shall not add a BIDS2U 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 BIDS2U users, please contact us by email at – support@bids2u.com so we may act accordingly. 8. Breach. Without limiting our other remedies, we may limit your activity on the website, 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 Endeavour’s, 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. 9. Transfer of Data. We view protection of users' privacy as a very important community principle. BIDS2U recognizes the importance of our users' privacy and takes this matter seriously. This statement explains our privacy policy and data-protection practices. It is important for BIDS2U to safeguard its users' privacy while providing a personalized and valuable service. It may be necessary for BIDS2U to collect personal information to satisfy the expectations and requirements of its users in order to provide an interactive experience and to communicate with them. Registration Information: what information is collected and why? You must register to place bids within BIDS2U. Registration requires your full name, address and email address. This information will be used to contact you in the event that you are a winning bidder. You will be assigned a unique User Name that allows you to place bids and follow their progress in bidding. NOTE: This User Name may result in you being identified by others. If you do not want to be identified you should not participate in the BIDS2U marketplace. When paying for a winning bid, additional information such as a credit card number may be collected from you. This information is collected solely for the purposes of allowing the user to pay for the product or service on which they are the winning bidder. The credit card information is not stored in the BIDS2U system once the transaction is processed. Use of cookies Information is also automatically collected about your browser behaviour through the use of cookies. This information is collected in aggregate form only to analyze site traffic. Cookies are small pieces of textual information that a web site transfers to a user's hard disk for record-keeping purposes. Cookies can make a user's experience more useful by storing information about the user's preferences on a particular site. The use of cookies is an industry standard practice and many major sites use them. 10. 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 website 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. 11. 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. 12. 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. 13. Governing Law and Legal Compliance. This User Agreement shall be governed by and construed in accordance with Worldwide law and subject to the exclusive jurisdiction of the Worldwide 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 another country, 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. 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. 14. Dispute Resolution. Disputes between you and BIDS2U regarding our services may be reported to our BIDS2U Customer Support via email at – support@bids2u.com We encourage you to report all disputes between users to your local law enforcement body also. 15. 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. 16. 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 BIDS2U, in our sole discretion, to a third party in the event of a merger or acquisition or any other event. You and BIDS2U 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. TERMS AND CONDITIONS FOR USE OF THE BIDS2U WEBSITES. In these Terms and Conditions “we, our, us, BIDS2U refers to www.bids2u.com / www.bids2u.net / www.bids2u.org / www.bids2u.co.uk / www.bids2u.us ACCEPTANCE OF TERMS By accessing the content of www.bids2u.com / www.bids2u.net / www.bids2u.org / www.bids2u.co.uk / www.bids2u.us (“the Website”) you agree to be bound by the terms and conditions set out herein and you accept our privacy policy. If you object to any of the terms and conditions set out in this agreement you should not use any of the products or services on the Website and leave immediately. You agree that you shall not use the Website for illegal purposes, and will respect all applicable laws and regulations. You agree not to use the website in a way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the Website. You also agree not to compromise the security of the Website or attempt to gain access to secured areas or sensitive information. You agree to be fully responsible for any claim, expense, liability, losses, costs including legal fees incurred by us arising from any infringement of the terms and conditions set out in this agreement. MODIFICATION BIDS2U reserve the right to change any part of this agreement without notice and your use of the Website will be deemed as acceptance of this agreement. We advise users to regularly check the Terms and Conditions of this agreement. BIDS2U have complete discretion to modify or remove any part of this site without warning or liability arising from such action. LIMITATION OF LIABILITY BIDS2U will under no circumstance be liable for indirect, special, or consequential damages including any loss of business, revenue, profits, or data in relation to your use of the Website. Nothing within this Agreement will operate to exclude any liability for death or personal injury arising as result of the negligence of BIDS2U it’s employees or agents. COPYRIGHT All intellectual property of BIDS2U such as trademarks, trade names, patents, registered designs and any other automatic intellectual property rights derived from the aesthetics or functionality of the Website remain the property of BIDS2U. By using the Website you agree to respect the intellectual property rights of BIDS2U and will refrain from copying, downloading, transmitting, reproducing, printing, or exploiting for commercial purpose any material contained within the Website. DISCLAIMERS The information is provided on the understanding that the website is not engaged in rendering advice and should not be wholly relied upon when making any related decision. The information contained with the Website is provided on an “as is” basis with no warranties expressed or otherwise implied relating to the accuracy, fitness for purpose, compatibility or security of any components of the Website. We do not guarantee uninterrupted availability of the www.bids2u.com / www.bids2u.net / www.bids2u.org / www.bids2u.co.uk / www.bids2u.us Website and cannot provide any representation that using the Website will be error free. THIRD PARTIES The Website may contain hyperlinks to websites operated by other parties. We do not control such websites and we take no responsibility for, and will not incur any liability in respect of, their content. Our inclusion of hyperlinks to such websites does not imply any endorsement of views, statements or information contained in such websites. SEVERANCE
BIDS2U Who we are In this privacy policy references to “we”, “us” and “our” are to BIDS2U References to “our Website” or “the Website” are to www.bids2u.com / www.bids2u.net / www.bids2u.org / www.bids2u.co.uk / www.bids2u.us What information we collect and how The information we collect via the Website may include. 1. Any personal details you knowingly provide us with through forms and our email, such as name, address, telephone number etc. 2. In order to effectively process credit or debit card transactions it may be necessary for the bank or card processing agency to verify your personal details for authorisation outside the European Economic Area (EEA). Such information will not be transferred out of the EEA for any other purpose. 3. Your preferences and use of email updates, recorded by emails we send you (if you select to receive email updates on products and offers). 4. Your IP Address, this is a string of numbers unique to your computer that is recorded by our web server when you request any page or component on the Website. This information is used to monitor your usage of the Website. 5. Data recorded by the Website which allows us to recognise you and your preferred settings, this saves you from re-entering information on return visits to the site. Such data is recorded locally on you computer through the use of cookies. Most browsers can be programmed to reject, or warn you before downloading cookies, information regarding this may be found in your browsers ‘help’ facility. What we do with your information Any personal information we collect from this website will be used in accordance with the Data Protection Act 1998 and other applicable laws. The details we collect will be used: 1. To process your order, to provide after sales service (we will never pass your details to another organisation to supply/deliver products or services you have purchased and/or to provide after-sales service); 2. In certain cases we may use your email address to send you information on our other products and services regarding BIDS2U. Other Websites This privacy policy only covers these websites = www.bids2u.com / www.bids2u.net / www.bids2u.org / www.bids2u.co.uk / www.bids2u.us. Any other websites which may be linked to by our website are subject to their own policy, which may differ from ours.
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