User Agreement Terms and Conditions
Important Legal Notice
The terms and conditions set out below (the “Terms and Conditions”) apply to and govern any auctions included on the website under the domain name “quick2bid.com” (the “Website”) and to any email and other correspondence between us and you (“you”, the “user”).
Please read these Terms and Conditions very carefully. We would suggest that you print these Terms and Conditions out so that you can carefully review and understand the Terms and Conditions and refer to the Terms and Conditions from time to time as you require. These Terms and Conditions create a legally binding agreement between you and us. By continuing to use the Website and taking part in any auction offered by the Website you confirm that you accept these Terms and Conditions and have formed a legally binding agreement. If you do not accept any element of these Terms of Conditions, you must leave the Website immediately and must not take part in any auction offered by the Website.
We will commence supplying our services on the basis that you have agreed and accepted these Terms and Conditions. Unless we agree with you specifically and expressly in writing otherwise, you will not be able to cancel this Agreement under the Consumer Protection (Distance Selling) Regulations 2000 (or any equivalent legislation in your jurisdiction) once the supply of the services has commenced.
Variations to these Terms & Conditions
We have the right and entitlement to revise or vary these Terms and Conditions at any time in our absolute discretion. Such revisions or variations will become valid and binding on you as soon as such updated Terms and Conditions are notified to you via email or otherwise. Consequently we would suggest that you should regularly and carefully review these Terms and Conditions. If you do not accept any revision or variation of these Terms and Conditions you must leave the Website immediately and must not take part in any auction offered by the Website.
CHILDREN AGED UNDER 18 & LAWFUL AUTHORITY
The Website is offered and provided for adults aged 18 and over. If you are under 18 and/or you are not able to form legally binding contracts you should not use the Website and/or take part in any auction offered by the Website. Adults who are 18 and over must also check with the owner and/or provider of the access to this Website that such access is lawful and allowed by any policy and/or terms and conditions governing the use of any equipment or internet connection used to access and use the Website.
By continuing to use the Website and any of the services offered by it, you are confirming that you are 18 or over and are accessing and using the Website lawfully.
ACCESS TO WEBSITE RESTRICTED SOLELY TO PRIVATE USERS FROM THE UNITED KINGDOM
The Website is offered and provided to adults who are accessing the Website from within the United Kingdom. If you are accessing the internet and Website from outside the United Kingdom you should not use the Website and/or take part in any auction offered by the Website. As part of the registration process you will be required to provide a UK residential address for which the information supplied must be accurate, current and correct. Therefore do not access or use the Website and/or take part in any auction offered by the Website if:
- You are resident in a country outside of the United Kingdom.
- You are not able to provide, when registering on the Website, a valid UK residential address such as a non-residential or post office address.
- If you are a citizen of USA or Canada.
- You are a resident from the United Kingdom but access the Website from outside of the United Kingdom.
- You are unsure whether you are accessing the Website from the United Kingdom.
- You are accessing the Website via a phone or similar mobile device whilst travelling and/or staying outside the United Kingdom.
By accessing and continuing to use the Website and any auction offered by the Website you confirm that you are doing so lawfully from within the United Kingdom.
No Business Use or Commercial Practices
The Website and the activities contained on the Website are provided for use by private individual only. Businesses, commercial entities, commercial resellers and/or partly commercial resellers are not permitted to access the Website and/or take part in any auction offered by the Website. In addition no private individual shall access the Website and/or take part in any auction offered by the Website in any manner which could be construed to be a commercial practice or could be considered to unlawful activity as determined by applicable law.
- ABOUT THE WEBSITE & US
This Website and all of the content and auctions offered by the Website are operated and managed by 32 City Road Limited ("we", "us" and “our”). If you have any comments or questions about this Website or any of our services please contact us by one of the methods shown below.
Contacts Details
Telephone:0800 098 8888
Fax:0800 098 8770
Email:here2help@quick2bid.com
Mail:Customer Services, Quick2Bid.com, 48 Queenstown Road, Battersea, London, SW8 3RY
Company Details
32 City Road Limited is a company incorporated in England & Wales with company number 6872623.
- REGISTERING WITH THE WEBSITE & USER ACCOUNTS
To allow you to access the full and complete functionality of the Website, including taking part in the auctions offered by the Website, it will be necessary for you to register as a user of the Website. Before you have registered as a user of the Website and have been accepted by us as a registered user your access to the functionality of the Website will be limited and restricted.
Basic Registration
To register as a user of the Website it will be necessary for you to provide current, accurate and complete details of your:
- User name – you must choose a user name that is unique and does not offend standards of common decency, infringe upon the rights of third parties or seek to mislead or discredit.
- Email address.
- Select a password – this must be unique and a minimum of 6 characters.
Once you have completed the basic registration information and submitted this to the Website a confirmation email will be sent to the email address supplied to us you must then confirm the details of your registration.
Further Registration to take part in Auctions offered by the Website
To allow you to take part in any auction offered by the Website it will be necessary for you to provide the following additional information:
- Residential address – this must be a United Kingdom address.
- Age – You will be required to confirm that you are older than 18.
Once you have provided these details you will then be required to use your credit card detail to purchase credit for your account as referred to below.
We reserve the right to alter and/or cancel your username or password if we have reason to believe you have not complied entirely with these terms and conditions.
We shall be entitled to display on the Website your username and/or chosen pseudonym and your town of residence on the Website as part of any bidding history or similar bidding information which we may choose to include on the Website from time to time.
Each registration is for a single user only. You agree not to permit or share your user name and password with any other person nor with multiple users on a network. Any abuse of this provision will provide us with the right to suspend or cancel your user account as we determine necessary.
You are responsible for keeping your password and username secret. You must not write down, store (whether encrypted or otherwise) on your computer or mobile phone handset or let anyone else know your password or username, and the fact that they are for use with the Website. If you think that someone else knows your password or username or has used either of them to access the Website, you must notify us immediately. We will issue you with a new password and/or username as appropriate once we have investigated the matter fully.
User accounts are non-transferrable and you will be liable for any and all activities undertaken using your user account together with the associated password.
For administration or security reasons, if we believe that someone else is trying to use your password or username, we can require you to change your password and/or username and may suspend or cancel your user account.
We do not guarantee that the Website will be compatible with your PC or other hardware and equipment used to access the Internet and Website.
Any abuse or operation of your user account which is not strictly in accordance with these Terms and Conditions will inevitably result in the disqualification of you as a registered user and may lead to civil or criminal proceedings being brought against you. We may at any time, in our absolute and sole discretion suspend or permanently exclude you as a user of the Website. We will determine and decide upon such expulsion if and, in our reasonable opinion, you have breached any of the provisions of these Terms and Conditions, violated any laws, infringed upon the rights of third parties, undertaken activities for which the Website is not intended or if we have another reasonable suspicion that such action is necessary to protect the activities of the Website and/or its authorised users to prevent manipulation and/or unfair practices of any kind which shall include without limitation use of unauthorised bidding software, registration of several user accounts or use of bidding practices which are not authorised or intended by the Website.
We have the right to verify your identity as a registered user. In the event that we cannot verify or authenticate your identity using reasonable endeavours and to our absolute satisfaction then we may ask you to provide further proof of identity including without limitation:
- original and/or certified copies of photographic ID including without limitation driving licences and/or passports;
- original and/or certified copies of proof of UK address, such as utility bills, bank statements or other proof of address acceptable to us; and
- any other documentation which we may request or require.
Should you fail to be able to provide such evidence and proof as requested by us then we shall be entitled to immediately suspend and/or permanently removed such user account and details and/or cancel the same.
- PAYMENTS AND CREDIT
You acknowledge and agree that all payments made via the Website will be for credit which can only be used in the auctions offered by the Website. No amounts received will be:
- payments towards goods offered by the Website;
- refundable; or
- capable of being exchanged or used in any manner other than as credit in auctions offered by the Website.
Making a Payment
All payments on the Website for credit must be made via:
- Sage Pay;
- PayPal; or
- Such other automated payment facility we shall include on the Website from time to time.
Please note that all payments for credit made will be subject to the terms and conditions of PayPal and Sage Pay as appropriate.
Credit
To play any of the auctions offered via the Website and to place a bid in any of the auctions you will firstly need to:
- Register as a user at the Website;
- Be accepted by us as a registered user of the Website; and
- Purchase credit via PayPal and SagePay.
Once you have used all of the credit in your user account you will need to purchase additional credit via the “Top-up Credit” function included on the Website.
Minimum and Maximum Credit Allowance
The minimum credit that can be added to your account is £5.
The maximum credit that can be added to your account in a single transition is £100.
The maximum amount of credit that can be purchased in any single day period is £250.
We shall be entitled to assess and vary the amount of the limits as set out above from time to time as we see fit.
Expiration of Credit
Please note that any credit must be used within 12 months of purchase. All credit for use on the Website must be purchased in advance with no alternative credit terms or approaches are offered by us.
Payment Returns
Should any payment made by you for credit not be honoured or accepted by your associated financial institute and/or Sage Pay and/or PayPal then we may charge a returned payment fee to cover the additional administration cost and any other associated costs which we may incur. We reserve the right, in our absolute discretion, to suspend or cancel access to your user account until payment in full of such amounts, including any fees we may charge you to return an unhonoured payment and we reserve the right to withhold any outstanding deliveries of auction prizes until payment has been received by us in full. Alternatively we reserve the right to temporarily block or suspend access to any unverified user accounts you may control that reasonably appear to be abusing the operation of the Website and/or in breach of these Terms and Conditions via the purchase of large volumes of bids until the identity of such individuals connected with the user accounts have been verified and confirmed to our satisfaction.
No Credit Refunds
No credit (unused or otherwise) you have purchased will be refunded or returned to you unless specifically agreed with us in writing which we will determine in our absolute discretion.
- USER RESPONSIBILITES & WARRANTIES
You acknowledge and agree that whilst using the Website you cannot:
- Interfere with the Website.
- Use profanity or act in a manner which would upset or offend others.
- Continue to use the Website if you have had a registered user account suspended or cancelled.
- Direct web traffic away from the Website.
- Post ads or promote third party websites.
- Act in a manner which is unlawful or socially irresponsible.
You represent and warrant to us that:
- you are 18 years of age or over, of sound mind and capable of taking responsibility for your own actions;
- you can enter into a legally binding agreement with us and you are the person whose details are provided in connection with your user registration;
- in the event that another person uses your account you are solely responsible for all their actions whether or not their access was authorised by you and for this purpose you hereby indemnify us and hold us harmless against all costs, claims, expenses and damages howsoever arising in connection with the use of or access to your account by any third party;
- you will not take any steps or assist others to use, reproduce or exploit the intellectual property rights associated with the Website which you acknowledge are exclusively owned and/or controlled by us;
- you are not an undischarged bankrupt or in a voluntary arrangement with your creditors;
- you undertake to use our Website for legitimate purposes only. In particular you undertake not to
- engage in any activity which has the purpose or effect of causing damage to or in any way hindering our business operations or generating or increasing a liability on us, including without limitation any tax, levy or duty collecting authority; or
- manipulate any prize auction in a manner which we believe has the purpose or effect of adversely affecting the integrity of any prize auction.
- you will not attempt to hack, make unauthorised alterations or introduce any kind of malicious code to the Website or us by any means;
- you will at all times act in good faith in relation to any auction;
- you will not make offensive comments, use offensive or pornographic material or make potentially defamatory or inflammatory remarks in connection with the forums or any other part of the Website including within your own username, password or other information contributed to the Website;
- you will not disguise or interfere in any way with the IP address of the computer you are using to access the Website or otherwise take steps to prevent us from correctly identifying the actual IP address of the computer you are using whilst accessing the Website; and
- you will only use the Website for entirely lawful purposes.
You are prohibited from uploading, posting or transmitting to or from the Website any material:
- that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of third party intellectual property rights, in breach of privacy or which may cause annoyance or inconvenience; or
- for which you have not obtained all necessary licences and/or approvals; or
- which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
- which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); or
- which is in breach of these Terms and Conditions.
You agree it is your responsibility to account for any tax or duty imposed on you as a resulting of taking part in any auction and/or winning an auction prize.
- OUR RIGHTS AND ENTITLEMENTS
Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. We shall have no obligation with respect to such material. We and our designers shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
You may not misuse the Website (including, without limitation, by hacking) in a way which is contrary to the Terms and Conditions. In the event that you do misuse the Website or breach any of the Terms and Conditions, we reserve the right to ask you to leave the Website immediately, suspend and/or cancel your use of your username and password and to prohibit you from using the Website in the future.
Liaison with Law Enforcement Authorities
We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of these Terms and Conditions.
Notification of Under Age
If we are notified that you are under 18 or were under 18 when you took part in any auction on the Website ('under age'):
- we will immediately prevent you taking part in any further auctions or making any withdrawals from or use of your user account;
- we will investigate the claim that you are or were under age;
- if having found that you are or were under age, we will retain all prizes which have accrued and remain in your user account or which are otherwise due to you;
- you must return to us all prizes gained from Website whilst under age on demand. Any prizes recovered will belong to us; and
- we will not return to you any amounts paid by you in respect of any auctions undertaken whilst you were under age.
Identity of Other Users
If you have any concerns regarding the information supplied by any user of the Website and/or become aware that a user has supplied information or materials which is incorrect and/or supplied falsely or fraudulently then you shall immediately notify the details of such incorrect information to us so that we can determine any necessary steps as we deem appropriate.
- AUCTION PROCESS
Bidding
Subject to you having the necessary credit on your registered user account in cleared funds, you can bid in any auction (that is still continuing and has not expired) by:
- Logging into the Website via you registered user account; and
- Clicking on the relevant bid buttons.
As soon as a bid is placed the value of this bid (i.e. the bid price or as appropriate when using a bonus point) will be immediately and automatically deducted from your registered user account. Therefore only bid when happy to do so in accordance with these Terms and Conditions.
The bids will be placed by you on the basis of the entire bid price (as this is represented on the Website during the continuation of the auction). However for every fourth bid made at a price the bid price for that auction will increase by 1p.
Auction Bidding Example (provided for illustrative purposes only)
Bid Price opening bid = 50p
Bidding commences:
The first bidder would pay 50p and the bid price would be 50p;
The second bidder would pay 50p and the bid price would be 50p;
The third bidder would pay 50p and the bid price would be 50p;
The forth bidder would pay 51p and the bid price would be 51p.
The bid prices would continue to increase on the basis of bids place by 1p per 4 bids at the current bid price.
Bonus Points
During the operation of an auction it will be possible to earn bonus points which can be used as bids during the continuation of the same auction. The details of how bonus points can be earned, when bonus points can be used as bids and the number of bonus points available will be indicated on the Website and will be specific to each auction. You agree and understand that any bonus points earned during an auction, but not used, cannot be transferred to any other auction offered by the Website and in this regard such unused bonus points will be lost after the auction has ended.
For further details of how to collect and use bonus points please refer to our how2bid guide http://www.quick2bid.com/how2bid.php.
Auction Process
With each bid you place the price of the item either remains the same or increases in accordance with the example above. Any bid you submit constitutes a legally binding offer from you to us to enter into a binding contract to purchase the specific auction item at the bid price. A legally binding contract to purchase the item does not come into effect and is not concluded until the auction is finished (determined by the auction countdown clock and the bids placed by registered users) and the last bid has been made. If you are the last bidder then we may then accept your legally binding offer subject to compliance by you with these Terms and Conditions and also any other administrative or other steps which we may wish to take in advance of acceptance of your offer.
During the last 15 seconds of Auction
During the last 15 seconds of every auction the countdown clock shall reset to 15 seconds with any bid received by the Website prior to the countdown clock reaching 0 (zero). Therefore any bid made by you during this time will result in the bid price remaining the same or increasing by 1p as per the usual auction process but will also trigger the bid clock to reset to 15 seconds. The number of bids which can be placed during the last 15 seconds of the auction is not restricted or limited.
Bonus points can be used during the last 15 seconds of an auction.
Advice and Support Regarding Auction Process
For further information about the auction process and the approach you can adopt, including bidding tactics please refer to our Strategy2Bid webpage http://www.quick2bid.com/strategy2bid.php.
Alternatively you may contact our Customer Support Team for information about the format of the Website and the auctions offered.
Please note that any information we supply regarding the tactics, styles, strategy and approach that can be adopted in relation to the auctions offered by the Website are for information purposes only and you are solely responsible for the bids you make and any activities you undertake in relation to any auction offered by the Website.
If you are the last registered user to bid before the countdown clock ends then you will win the auction. All other bids, whether made by you or otherwise, as part of the auction will expire and will not be refunded. The last bidder is determined based on the records in the database of our Website. We shall determine the winner of each auction in our absolute discretion and no correspondence or investigation of such determination will be entered into unless we determine otherwise.
Setting a Reminder by text message or email
We provide registered users (only) with the option to receive an email or text message reminder in relation to any 1 auction which is continuing so that the user receives a reminder during the last 20 minutes of the auction. If the user wishes to take up this option then the user is required to click on the “Set Reminder” button and follow the onscreen instructions. Users are only allowed to submit 1 reminder per auction and must submit true, accurate and up to date information regarding the email address or mobile number supplied. Any email address or mobile number submitted will be retained and used by us strictly in accordance with our privacy policy. No user is permitted to submit a third parties’ email address or mobile number to set a reminder. We cannot guarantee the efficient and timely operation of the reminders and therefore users should not seek to rely upon the reminders to ensure they do not miss the conclusion or expiry of an auction. The reminder function is a helpful tool but should not be relied upon to govern or dictate the bidding strategy which a user adopts in relation to an auction or the user’s bidding tactics. We provide the reminder function on an “as is” and “as available” basis and shall be entitled to withdraw, suspend or remove the reminder function at any time, without the requirement for prior notice in our absolute discretion. While we endeavour to ensure that the reminder function is normally available 24 hours a day, we shall not be liable if for any reason the reminder function is unavailable at any time or for any period. Access to and availability of the reminder function may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control including an event of Force Majeure as referred to below.
Winning the Auction
After an auction has ended, if you are the last bidder then you are the auction winner and must immediately access you user account via the Website. Here, information to confirm you as the auction winner will be displayed. You must actively follow any procedural steps or requirements included to confirm your auction prize and arrange for delivery of such prize as set out on the Website or as directed by the Quick2Bid staff.
Once you have clicked on the win confirmation button the win is accepted by us and a legally binding contract has been concluded. If you do not accurately confirm your auction win within 60 days of the auction end date, then we reserve the right to refuse your offer to conclude a contract and your right to receive delivery of the associated auction prize will be permanently and entirely lost.
A similar requirement for delivery is that all bids purchased and used by you have been properly paid for in advance and made in accordance with these Terms and Conditions. Aside from the bid price you will be required to make no further payments such as delivery charges or otherwise in relation to the auction prize.
Selecting the Auction Winner
We reserve the right to select an alternative winner in our absolute discretion in the event that we have reasonable grounds for believing that you have contravened any of these Terms and Conditions.
As a winner you may be required to provide a written acknowledgement of acceptance of all of these Terms and Conditions prior to receiving your prize.
PR & Promotion Connected with Winning an Auction
By entering any auction offered by the Website, you acknowledge and agree that you may be used in publicity or promotional activities without further consent or payment. Such publicity may include without limitation your name and/or likeness, voice, photographs and/or video footage of you, biographical information provided by you and/or any statement made by you concerning the auction, Website and/or the auction prizes. You agree that any or all such elements may be used by us and our affiliated companies without charge in any and all media in perpetuity throughout the world as we in our sole discretion determine appropriate.
Our Employees
None of our employees are eligible to participate in any auctions included on the Website.
Fair use
A user can win a maximum of three prizes within any seven day period. Each user may register only once, and only one user registration per household is permitted.
Unfair Means to Win
We shall exercise the right (in our absolute discretion) to disqualify you from an auction and/or remove any auction prize if we reasonably determine that you have used an unfair, unlawful or any means to win an auction which is not in accordance with these Terms and Conditions or the spirit of these Terms and Conditions. If we take such a step then we shall not be liable to return or reinstate any credit and/or return any monies to you and shall be entitled to suspend or cancel your user account and entitlement to access the Website immediately.
- AUCTION PRIZES AND DELIVERY.
Delivery
In the event that you are the successful winner of an auction included on the Website we will contact you via the email you provided as part of your registered user information to confirm that you have won the auction and are the last bidder.
You will be required to purchase the auction item and will not be provided with a choice to claim or reject the item in accordance with these Terms and Conditions.
You will be required to confirm your option to take delivery of the auction prize product within 60 days of us notifying to you that you have won the auction. In the event that you fail to arrange delivery of the auction prize prior to the expiration of the 60 day period then your right and entitlement to ownership and delivery of the auction prize will be automatically and permanently revoked. Please note that should you fail to take delivery and ownership of the product then there will be no entitlement to refund credit, request an alternative auction prize and/or have any further entitlement in relation to the auction prize and/or delivery of the same.
Unless otherwise stated on the Website delivery to you of any auction prize will be made direct from our suppliers or from our warehouse to the address provided as part of your user details. Deliveries are made solely within the United Kingdom (exclusively on the mainland unless otherwise agreed with us in writing). Delivery times may vary and consequently any delivery times indicated are provided solely as a guide and do not guarantee a date and/or specific time slot. We shall be entitled to involve and subcontract any delivery obligations to third party suppliers without requirement to further notify you.
Please ensure that any damage to items or their packaging received from us or our trusted delivery partners must be reported to us in writing upon taking delivery.
We cannot accept responsibility or liability for any damaged or faulty goods once these have been accepted by you. Consequently you must take diligent and reasonable steps to inspect any and all items delivered by us to you immediately upon receiving delivery. Once delivery has been taken by you and no concerns regarding damage to the auction prize or packaging have been notified to us then this shall be deemed as acceptance of the item by you in good and acceptable condition.
In the event that our delivery partners are unable to deliver the item to you within a reasonable time and/or agree a delivery time which then is not maintained by you then we shall have an entitlement to request the payment of additional delivery fees and/or substitute the item being delivered as we determine in our absolute discretion.
Please note that any deliveries supplied by our trusted delivery partners will be supplied subject to such delivery partners’ terms and conditions of business and you should take steps to familiarise yourself with such terms and conditions upon being notified of the delivery of such auction prize.
Auction Prizes
Any auction prizes are supplied by us on the basis that they are reasonably fit for the purpose for which they were created. All auction prizes will be supplied subject to the manufacturers warranty and therefore should be operated and used in accordance with such warranty and any instruction manual or similar details supplied by the manufacturer. Please note that aside from such product warranties all other warranties or conditions (accept those implied by law) as to quantity, condition or description (whether expressed or implied) are excluded to the fullest extent permitted by law.
We will take all reasonable steps to ensure that details, descriptions and estimated values (including prices) of products which are featured on the Website are accurate and correct at the time when the relevant information is included on the Website. In addition we shall take reasonable steps to keep the Website up to date and accurate but cannot guarantee that the information, including descriptions of auction prizes on the Website are accurate and fully up to date. The auction prize descriptions are provided on the basis of our knowledge and belief at the time as determined through our dealings with any auction prize supplier and/or manufacturer. However such description of auction items do not constitute contractually stipulated features and characteristics upon which you should rely rather the auction prize descriptions provide an outline of the auction items. In this regard you should take such steps as you deem necessary to determine the product specification and details of any auction prize offered on the Website. The specific images included on the Website of the auction items may differ from those actually supplied to you as part of any auction prize. Such differences can include without limitation different colours, versions and/or product specifications and therefore such images are provided as an approximate guide only.
In the event that you are sent a replacement product for any auction item already delivered either by us or our trusted delivery partners then you shall be obliged to immediately return to us the auction item already delivered within seven days of receipt of any replacement item. Please note that we reserve the right to assess and recover any damages suffered by any auction item and take steps to recover any amounts from you as we deem appropriate.
Please note that any faults or damages identified by you in relation to any auction prizes must be notified to us as soon as you become aware of the same. You are required to retain any manufacturer warranty information which is supplied with such auction prizes and agreed to seek any repairs and/or replacement to any auction items from the manufacturers in accordance with such warranty as may be appropriate. We will take reasonable steps to assist you with this process but will not go beyond the manufacturers warranty which has been provided as part of the delivery of the auction item.
Any concerns and/or problems with auction prizes delivered or the auction prize itself, such as an incorrect item should be notified to our customer support centre within seven days of receipt of the auction prize. Please contact us at here2help@quick2bid.com and we will address your enquiries with 30 days of receipt.
Any special promotions run by us shall only be valid if they are announced on the Website or in the Website’s email newsletter. Certain promotions may only be valid for a limited time and details of any such timings will be announced on the Website or in an email newsletter issued by the Website. After expiration of the time limit stated, or after the sale(s), that are part of the particular promotion has/have ended, the promotion is deemed to have end.
We shall determine in our absolute discretion the prizes which are available via the Website and which are offered in relation to any auction on the Website. Please note that no cash alternatives are offered and auction prizes may be subject to auction specific terms and conditions as included and referred to on the Website. For example, these may include requirements to have valid passports and/or other travel documentation or visas to enable you to take part and enjoy the auction prizes.
- AUCTION DATA & PATTERNS
We shall be entitled to monitor and record all bidding activity and user activity which is undertaken by you on the Website. In particular we shall:
- monitor and record all bidding patterns and activities.
- determine if there are any usual patterns of bidding or prize allocation.
- suspend and or cancel auctions if we are concerned that usual activity and/or bidding patterns are identified by us.
- 9. USE OF THE WEBSITE
While we endeavour to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period.
Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control including an event of Force Majeure as referred to below.
- INTELLECTUAL PROPERTY RIGHTS
Qucik2Bid and the Quick2Bid logo are our registered trade marks and we are the sole owner of the same. Any unauthorised use of the Quick2Bid trade marks may result in civil and/or criminal prosecution.
www.quick2bid.com is the uniform resource locator ('URL') of our Website and no unauthorised use may be made of this URL (or any other URL owned by us) on another website or digital platform without our prior written consent.
The Website, its design and content including all text, information, still and motion video, audio and audio visual material, code and/or software (the “Material”) and the reports, information and other content available to be downloaded from the Website (the “Reports”) are owned by us.
The Website may be used by you strictly for your personal use only as provided in these Terms and Conditions. No element of the Website or the Material may be taken out of context or presented in a misleading or discriminatory manner. You agree not to modify, copy, reproduce, broadcast, modify, adapt, transmit, republish, sell, resell, exploit, create derivative works or distribute in any way any portion of the Website or the Material.
You are granted a personal, limited, non-transferable, non-exclusive licence to access the Website and print and download extracts from the Website (excluding the Reports) for your own private personal use on the following basis:
- no documents or related graphics on the Website are modified in any way;
- no graphics on the Website are used separately from the accompanying text;
- the Company’s copyright and trade mark notices and this permission notice appear in all copies of any material from the Website; and
- you do not, and you do not allow any third party, to modify or create a derivative work, reverse engineer or otherwise attempt to discover any source code or software available on the Website.
The grant of this limited licence is conditional upon your agreement to and compliance with all these Terms and Conditions. We may revoke this licence at any time and in our absolute discretion.
Any use of extracts from the Website other than in accordance with these Terms and Conditions for any purpose is prohibited. If you breach any of the Terms and Conditions, your permission to use the Website automatically terminates and you must immediately destroy or permanently erase from any computer memory or storage device any downloaded or printed extracts or documents from the Website. All copyrights, trade marks and proprietary rights on the Website are our property unless otherwise stated. Nothing shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trade mark, patent, registered design, design right, copyright or other intellectual property right of the Website.
You agree to assign to us any intellectual property rights (including copyright) in any bids placed by you or other content on the Website. We own all rights in any price data and related content on the Website. Your registration and use of the Website confers no rights whatsoever to the content and related intellectual property rights contained on the Website. You agree not to monitor, use or copy our web pages or any content on the Website, including without limitation any auction data. Any unauthorised use or reproduction may be prosecuted.
Any data licensed to us from third parties is provided for use on the Website only and may not be used for any commercial purposes without the prior written consent of such third parties.
Users may not use any of the content on Website or any Materials for any commercial or business practice or purpose.
- PRIVACY POLICY & USE OF DATA
The collection, storing and use of your data and information is governed by the Privacy Policy.
- DISCLAIMER & LIABILITY
DISCLAIMER
WHILE WE ENDEAVOUR TO ENSURE THAT THE INFORMATION ON THE WEBSITE IS CORRECT, WE DO NOT WARRANT THE ACCURACY AND COMPLETENESS OF THE MATERIAL ON THE WEBSITE. WE MAY MAKE CHANGES TO THE MATERIAL ON THE WEBSITE, OR TO THE AUCTION PRIZES, PRODUCTS AND PRICES DESCRIBED IN IT, AT ANY TIME WITHOUT NOTICE. THE MATERIAL ON THE WEBSITE MAY BE OUT OF DATE, AND THE COMPANY MAKES NO COMMITMENT TO UPDATE SUCH MATERIAL.
ALL CONTENT ON THE WEBSITE IS NOT INTENDED TO AMOUNT TO ADVICE ON WHICH RELIANCE SHOULD BE PLACED AND ANY STRATEGY, TACTICS, BEHAVIOUR OR APPROACH YOU ADOPT WHEN TAKING PART IN ANY AUCTION OR PLACING ANY AUCTION BIDS IS DONE SO AT YOUR OWN RISK.
THE MATERIAL ON THE WEBSITE IS PROVIDED "AS IS", WITHOUT ANY CONDITIONS, WARRANTIES OR OTHER TERMS OF ANY KIND. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE PROVIDE YOU WITH THE WEBSITE ON THE BASIS THAT, ASIDE FROM AS SPECIFICALLY SET OUT IN THESE TERMS AND CONDITIONS, THE COMPANY EXCLUDES ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS, INCLUDING, WITHOUT LIMITATION, THE CONDITIONS IMPLIED BY LAW OF SATISFACTORY QUALITY, FITNESS FOR PURPOSE AND THE USE OF REASONABLE CARE AND SKILL WHICH, BUT FOR THESE TERMS, MIGHT HAVE EFFECT IN RELATION TO THE WEBSITE.
LIABILITY
WE, ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE WEBSITE), AND ANY OF OUR GROUP COMPANIES AND THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS OF ANY OF THEM, EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR ANY KIND OF LOSS OR DAMAGE THAT MAY RESULT IN YOU OR A THIRD PARTY IN CONNECTION WITH THE WEBSITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE OR THE MATERIAL ON SUCH WEBSITES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THE WEBSITE OR ANY WEBSITES LINKED TO THE WEBSITE (INCLUDING WITHOUT LIMITATION, ANY DIRECT LOSS OR DAMAGES OF INCOME, PROFITS, OPPORTUNITY, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION, AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE AND ANY INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES).
NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR:
- DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE (AS SUCH TERM IS DEFINED BY THE UNFAIR CONTRACT TERMS ACT 1977); OR
- FRAUD; OR
- ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU ASSUME ALL COSTS IF YOUR USE OF THE WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT, SOFTWARE OR DATA.
WE DO NOT WARRANT THAT FUNCTIONS CONTAINED IN THE WEBSITE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE’S SERVER IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR BUGS.
- LINKING & THIRD PARTY WEBSITES
The Website may contain links to other websites operated by third parties who may also contain links to other third party websites. Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. As a result, we do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
Please note that we are not responsible for the terms of use or data collection practices of any other websites and we encourage you to read the privacy statements and terms of use of those linked websites.
We do not permit the linking of the Website from any third party websites unless we have provided our express written consent to do so.
- DISPUTE RESOLUTION
In the event of a dispute arising between us and you, our customer service staff will attempt to reach an agreed resolution.
Should our customer service staff not be able to reach an agreement with you, our senior management and/or Board of Directors may intervene to resolve any outstanding grievance.
You agree to follow any grievance/dispute policy we may put in place from time to time. You agree to diligently and faithfully exhaust this process before taking any grievance/dispute to any Court or regulatory authority. Failure to do so may require us to seek to recover any legal costs from you.
- FORCE MAJEURE & EVENTS BEYOND OUR CONTROL
We are not liable for any loss or damage that you may suffer because of any: act of God; power cut; trade or labour dispute, illness or pandemic, act, failure or omission of any government or authority; power surge or power loss; obstruction or failure of telecommunication services; or any other delay or failure caused by a third party. In such an event, we reserve the right to cancel or suspend the Website and/or our services including any auction on the Website without incurring any liability.
We are not liable for the acceptance of any auction bids where we do not receive communication of that auction bid or where we are unable to display an auction bid or progress of the auction on our Website or we have not received your auction bid, for any reason, we fail to process any instruction in good time.
- GENERAL
These Terms and Conditions and the entirety of the provisions are binding on you are on your respective successors and assigns. You may not assign, charge, sub-licence or otherwise dispose any of your rights or entitlements under these Terms and Conditions.
If any provision of these Terms and Conditions are found by any Court of competent jurisdiction to be invalid or unlawful, the invalidity and unlawfulness of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
No delay and/or failure to enforce our rights or entitlements under these Terms and Conditions will be deemed to be a waiver and any waiver will require our express written confirmation. Any such waiver by us of any breach of these Terms and Conditions shall not be considered a waiver of any subsequent breach of the same or any other provision.
The following agreements represent the entire agreement between us and you and supersede any prior oral or written agreements, understandings or arrangements between us:
- These Terms and Conditions.
- The Privacy Policy.
- Any specific terms and conditions included as part of any auction, promotion or marketing as included on the Website.
Only the parties to these Terms and Conditions may seek to enforce them and in this regard the provisions of the Contracts (Rights of Third Parties) Act 1999 is expressly excluded.
- GOVERNING LAW & JURISDICTION
These Terms and Conditions shall be governed by interpreted by and construed in accordance with English law. Disputes arising out of or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the English Courts.
Last Updated: 12 January 2010
© 32 City Road Limited. All Rights Reserved.
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