Terms & Conditions
Welcome to eZbidzs. These Terms & Conditions (the
"Terms") apply to your use of eZbidzs ("eZbidzs,"
"we," or "us") online interfaces and properties, including
the eZbidzs.com website and eZbidzs mobile applications (the "Site"),
and the buying of or bidding on goods or other services offered by eZbidzs
through the Site. These Terms are a legal agreement, and your use of eZbidzs'
Services constitutes your acceptance of the Terms contained herein and eZbidzs'
Privacy Policy incorporated herein by reference. You must register and accept
these terms in order to use the Services. If you do not agree to these Terms or
the Privacy Policy, you may not use the Services, or any other services
provided by eZbidzs. By registering for and using the services, you agree to be
bound by these terms and all policies and guidelines incorporated by reference.
Read these terms carefully before accessing this service or the
site or click-accepting these terms when registering to use the services. These
terms have legal consequences and will affect your legal rights. By agreeing to
these terms, you are waiving your right to sue in court, your right to a trial
by jury, and your right to bring any class, collective, or representative
proceeding against eZbidzs. As used in these terms, the site means the entirety
of this website and mobile applications including, but not limited to, all
content, services, information, and any portions thereof. The eZbidzs services
or any services offered or provided by eZbidzs and the services and the site
are collectively referred to as the services.
By buying or bidding for products or by other use of the services,
you affirm that you are of legal age to enter into these terms, and you accept
and are bound by these terms.
The eZbidzs services are offered and may only be used by persons
over the age of 18. By using the services, you represent and warrant that you
are over the age of 18, you are of legal age to form a binding contract with eZbidzs,
and that you meet all of the eligibility requirements described in these terms.
You may not order, bid, purchase, or obtain products or services through the
services if you (i) do not agree to these terms, (ii) are not older or, at
least 18 years of age or legal age to form a binding contract with eZbidzs, or
(iii) are prohibited from accessing or using the services' contents or goods by
applicable law.
eZbidzs will not be liable if for any reason at all or any part of
the Services is unavailable at any time or for any period. From time to time, eZbidzs
may restrict access to some or all parts of the Services to users, including
registered users.
When using the eZbidzs Services, a user may spend money on virtual
credits such as Bids without receipt of physical items. You are solely
responsible for your spending, bidding, and purchasing when using the Services.
eZbidzs is not responsible or liable for your bidding or spending on eZbidzs or
through any of the Services. Furthermore, you are solely responsible for, and eZbidzs
is not responsible for and shall not be liable for, any items that you bid on
or purchase through the Services. It is your sole responsibility to only
purchase items that you have fully read the product descriptions of and are
familiar with. You are solely responsible for your purchases.
Changes to these Terms
eZbidzs reserves the right to withdraw, change, or modify these Terms,
the Services, or any policy or guideline related to the Services, at any time
and from time-to-time in its sole discretion, without notice. Any changes will
be effective upon posting the revisions on the Site and it is your
responsibility to check these Terms each time before using the Services, so you
are aware of any changes, as they are binding on you. Your continued use of
this Site and the Services following our posting of them will constitute your
acceptance of such changes. If you do not agree to these terms or any
modification, do not register or continue to use the services.
Eligibility
The target market for the Services are the following countries:
United States
Canada
United Kingdom
Australia
New Zealand
Ireland
Scotland
France
Germany
Finland
Italy
Poland
Portugal
Sweden
Switzerland
|
Russia
Greece
Spain
China
Hong Kong
Japan
Brazil
India
Pakistan
Sri. Lanka
Aruba
The Bahamas
Barbados
The British Virgin Islands
The US Virgin Islands
|
Cayman Islands
Dominica
Dominican Republic
Grenada
Guadeloupe
Jamaica
Martinique
Netherlands Antilles
Puerto Rico
St. Kitts and Nevis
St. Lucia
St. Martin
St. Vincent
Trinidad and Tobago
Turks and Caicos
|
Only residents of the aforementioned countries are allowed to use
the Service. eZbidzs reserves the right to restrict availability of auctions
and delivery of items based on the country of the user. The country of the user
can be identified based on their IP address, billing address or mailing
address. The user is responsible for notifying eZbidzs at support@eZbidzs .com
in case their country of residence is identified incorrectly.
Items purchased through the Services may only be delivered to the
aforementioned countries, the lower 48 United States and the following Canadian
provinces and territories: Alberta, British Columbia, Manitoba, New Brunswick,
Newfoundland & Labrador, Northwest Territories, Nova Scotia, Nunavut
Territory, Ontario, Prince Edward Island, Saskatchewan, Yukon Territory. eZbidzs
does not deliver to PO Boxes.
General Policies
The eZbidzs policies accessible throughout the Site are expressly
incorporated by reference into these terms, and you should review each
carefully. The procedures and guidelines contained below explain the auction
process. The eZbidzs Privacy Policy governs the collection and use of user
information on the Site. The FAQ provides additional detail on how the Services
work.
Contractual Obligations
The auction process is a method in which the Site solicits offers
from buyers for the sale of lots. By submitting bids, you are making a legal
offer to buy the lot. Once a bid is accepted, a contract is created between the
buyer and the Site for the sale and purchase of the lot in accordance with the
terms disclosed at the time of the auction. By using the Services and bidding
on a lot, or by using the 'Buy It Now' function, you agree to complete the
transaction as described and fulfill any and all contractual obligations.
Access to Systems
You are prohibited from violating or attempting to violate the
security of the Services, including, without limitation: (i) accessing data not
intended for such user or logging onto a server or an account which the user is
not authorized to access; (ii) attempting to probe, scan or test the
vulnerability of a system or network or to breach security or authentication
measures without proper authorization; or (iii) accessing or using the Services
or any portion thereof without authorization, in violation of these Terms or in
violation of applicable law.
You may not use any scraper, crawler, spider, robot, or other
automated means of any kind to access or copy data on the Site, deep-link to
any feature or content on the Site, bypass our robot exclusion headers, or
other measures we may use to prevent or restrict access to the Site.
You agree not to interfere with the Site, Services, or any
transaction and agree not to use any device, software, or routine to interfere
or attempt to interfere with the proper working of the Services or any activity
being conducted on or through the Services. You agree not to impose any
unreasonably or disproportionately large load on eZbidzs 's systems or
facilities. You agree not to put any material on the Site that contains any viruses,
Trojan horses, worms, time bombs, cancelbots or any other computer programming
routines that may damage, interfere with, surreptitiously intercept or
expropriate any system, data or personal information. Violations of system or
network security may result in civil or criminal liability. eZbidzs will
investigate occurrences that may involve such violations and may involve, and
cooperate with, law enforcement authorities in prosecuting users who are
involved in such violations.
Bidding
Each eZbidzs bid (a "Bid") is a limited,
non-transferable, license to place one bid on an eZbidzs auction. Bids have no
monetary value; are not credited against the purchase price of products
purchased on the Site; and may not be exchanged for money or any items of monetary
value.
Due to the billing of charges, eZbidzs would like to advise all
users to monitor their bidding practices. Repeated online bidding can incur
high costs. Users should therefore pay attention to their bidding practices.
Fraud and Other Restricted Behavior
You acknowledge that in order to maintain fair and honest
auctions, eZbidzs retains the right to monitor and enforce any fraudulent or
malicious activity on the Site. You acknowledge that you have read what these
activities include, but are not limited to, in these Terms, and you agree not
to engage in any of these, or any other fraudulent or malicious activities. As
stated herein, eZbidzs reserves the right to temporarily or permanently suspend
any user account engaged or suspected to engage in any such activities.
You may not register and make bids under a false name or with an
invalid credit card. Such fraudulent conduct is a violation of international
laws. Fraudulent bidders may be reported to relevant countries and federal law
enforcement agencies and eZbidzs will cooperate to ensure that violators are
prosecuted to the fullest extent of the law.
A bidder may not resell any product or service obtained through
the Site and Services without prior written consent from eZbidzs, unless it is
explicitly allowed in the product description of an auction. Moreover, a user
may not use the products to create any investment scheme, commodities contract
or pool or otherwise to use eZbidzs as a product delivery mechanism for a
brokered or 'middleman' agreement or obligation. If it is discovered that a
user is, in fact, reselling products obtained from eZbidzs, we reserve the
right to suspend the account without further notice, voiding all auctions in
which the user has participated. Additionally, the user may be required to
compensate eZbidzs for any damages.
eZbidzs reserves the right to refuse any order you place with us. eZbidzs
may, in its sole discretion, limit or cancel quantities purchased per person,
per household or per order. These restrictions may include orders placed by or
under the same customer account, the same credit card, geographic region,
and/or orders that use the same phone number, billing and/or shipping address.
In the event eZbidzs changes or cancels an order, eZbidzs will attempt to
notify you by contacting the e-mail, billing address and/or phone number
provided at the time the order was made. eZbidzs reserves the right to limit or
prohibit orders that, in its sole judgment, appear to be placed by dealers,
resellers, distributors and others who violate these Terms.
No user may permit or assist others to use the Services for any
purpose other than that for which they are intended. A user shall not permit or
assist others to abuse or fraudulently use the Services, including but not
limited to the following:
- Obtaining
or attempting to obtain service by any fraudulent means or device with intent
to avoid payment
- Accessing,
altering, or destroying any information of another eZbidzs user by any
fraudulent means or device, or attempting to do so, or
- Using
Services so as to interfere with the use of eZbidzs network by other users or
authorized users, intentionally or not, or in violation of the law or in aid of
any unlawful act.
Each user
acknowledges that eZbidzs 's network may only be used for lawful purposes. eZbidzs
reserves the right to monitor all network activity. While using eZbidzs, each
user agrees to refrain from the following prohibited acts.
- Maintaining
more than one account or maintaining control or influence over more than one account.
- Infringing
upon the intellectual property of eZbidzs, establishing a competing site, or
otherwise copying or using the data on the Site for any reason other than
bidding on products for the bidder's own use
- Manipulate
the bidding process by placing fictitious bids, colluding with other parties to
create the illusion of volume ('marking the close' or 'painting the tape'), or
engaging in any other disingenuous or fraudulent activity that undermines the
integrity of the online market
- Breaching eZbidzs
's policies
- Attempting
to harvest or otherwise collect information about users, including email
addresses
- Attempting
to upload or download any computer virus
- Attempting
to transmit via email any unsolicited advertising, promotional materials,
"junk mail", "spam", "chain letters",
"pyramid schemes", or any other form of email solicitation to other users.
- Attempting
to communicate with other users to promote or provide instructional information
about illegal activities, promote physical harm, or injury to any users.
- Viewing
and/or downloading or uploading pornographic pictures or stories.
- Attempting
to attack other people's internet connections, Web Sites or computers, or
damage or deface anyone else's Web Site.
Collusion/Team Play
Any kind of collusion or team play is strictly forbidden on eZbidzs.
By definition, this includes, but is not limited to, two or more members
working together as a team, or creating the impression that there are more
people involved and competing to win an auction than there actually are.
eZbidzs does not allow two members that know, or are associated
with, each other to participate in the same auction. Two members participating
in the auction are by definition engaging in team play, and automatically lose
their right to purchase the Deal or receive any of their spent bids back. eZbidzs
reserves the right to implement measures, determined by the sole discretion of eZbidzs,
that automatically restrict associated accounts from participating in the same
auctions.
We reserve the right to disqualify, in our absolute discretion, any
users we suspect to be working in a team by voiding all their wins and freezing
their accounts. No funds or Bids will be returned or transferred into other
accounts. If a user is found to have violated these Terms, any free Bids
provided to them and used, including those provided in the past, must
immediately be paid for by the user at their current selling price.
Passwords/Equipment
You may not disclose your username and password to any third party,
and you agree that you are solely responsible for any use of, or action taken
under your account. Your password may be used only to access and use the
Services. If your user credentials or password is compromised or otherwise
disclosed, you must notify eZbidzs and change your password immediately in
order to minimize your risk of loss. You are responsible for providing and
maintaining all equipment necessary to use the Services, including, without
limitation, computer hardware and software, modems, network or Wi-Fi
connections and telephone service. Further, you are solely responsible for (a)
maintaining the security of your personal information, including, without
limitation, account and login information, passwords, and financial
information; (b) all telephone and toll charges which may apply to your account
depending on your location; and (c) any other charges resulting from the use of
your account.
Investigation of Violations
We may investigate any violation of these Terms, our policies or
guidelines, or any other complaints and take any action that we deem
appropriate and reasonable under the circumstance to protect our systems,
facilities, users and/or third parties. Our actions may include, but are not
limited to, issuing warnings, suspension or termination of the Services or any
user accounts, and/or removal of or disabling access to content hosted on eZbidzs
's systems. We reserve the right and have absolute discretion to remove or
disable access, screen, or edit any content that violates these provisions or
is otherwise objectionable. eZbidzs also reserves the right to report any
activity that it suspects violates any law or regulation to appropriate law
enforcement officials.
License
By using the Services and submitting any information or materials
to eZbidzs ("Licensed Materials"), you hereby grant us a
non-exclusive, worldwide, royalty-free, irrevocable, and sublicensable right to
use, reproduce, modify, display, and distribute the Licensed Materials, in any
existing or future media, known or unknown. Any Licensed Materials you provide
to eZbidzs will be considered non-confidential and non-proprietary. You agree
not to use the Services to send, knowingly receive, upload, download, use or
re-use any material which does not comply with these Terms, including the
Content Standards set forth below. You acknowledge and warrant that you have
the right and authority to provide such license to eZbidzs. You understand and
acknowledge that you are responsible for any Licensed Materials you submit or
contribute, and you, not eZbidzs, have full responsibility for such content,
including its legality, reliability, accuracy and appropriateness. eZbidzs is
not responsible, or liable to any third party, for the content or accuracy of
any Licensed Materials posted by you or any other user of the Services. eZbidzs
has the right to disclose your identity or other information about you to any
third party who claims that material posted by you violates their rights,
including their intellectual property rights or their right to privacy.
You understand and agree that eZbidzs or its licensors hold all rights,
title, and interest to the Services and all intellectual property, material,
content, and features provided through the Services, and the design, selection,
and arrangement thereof. The foregoing applies regardless of (i) the form of
intellectual property, (ii) how it was provided to you, or (iii) your
geolocation. You understand and agree that you may only use the content
available provided to you through the Services, unless otherwise expressly
provided by eZbidzs. You may not conduct
the following activities through the Services: (a) any resale or commercial use
of the Site or Services, (b) the collection and use of any e-mail or user
information, ratings, or listings; (c) making derivative uses of the Site and
its contents; or (d) use of any data mining, robots, or similar data gathering
and extraction methods.
You agree not to make use of any other users' information other
than as necessary to participate in the Site and to complete any transaction in
which you are involved. Specifically, you agree that with respect to any
information disclosed to you by eZbidzs regarding another user of the Services,
you only will use such information, unless otherwise authorized, (a) to
complete transactions originating from the Site, including the use of
third-party services, (b) for communications with us, or (c) as permitted by
the corresponding user identified in such information. You agree not to
disclose any user information disclosed to you by eZbidzs except as provided by
these Terms or with our written consent. You further agree not to use any
information accessible from the Site for purposes of solicitation,
advertisement, or spamming, or which is harassing, threatening, harmful,
invasive of privacy or publicity rights, abusive, inflammatory or otherwise
objectionable.
Content Standards
Your Licensed Materials shall not:
- Contain
any material which is defamatory, obscene, indecent, abusive, offensive,
harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote
sexually explicit or pornographic material, violence, or discrimination based
on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringement
of any patent, trademark, trade secret, copyright, or other intellectual
property or other rights of any other person.
- Violate
the legal rights (including the rights of publicity and privacy) of others or contain
any material that could give rise to any civil or criminal liability under
applicable laws or regulations or that otherwise may be in conflict with these
Terms or eZbidzs 's Privacy Policy.
- Be likely
to deceive any person.
- Promote
any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause
annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass,
alarm, or annoy any other person.
- Impersonate
any person or misrepresent your identity or affiliation with any person or
organization.
- Involve
commercial activities or sales, such as contests, sweepstakes, and other sales
promotions, barter, or advertising.
- Give the
impression that they emanate from or are endorsed by us or any other person or
entity, if this is not the case.
eZbidzs has the right to remove or refuse to post on the Service
any Licensed Materials for any or no reason in its sole discretion. However, eZbidzs
cannot review all Licensed Materials before it is posted on its Services and
cannot ensure prompt removal of objectionable material after it has been
posted. Accordingly, eZbidzs assumes no liability for any action or inaction
regarding transmissions, communications, or content provided by any user or
third party. eZbidzs has no liability or responsibility to anyone for
performance or non-performance of the activities described in this Section.
Registration with eZbidzs for Use
To use the Services, you must first register for an online user
account, consisting of a username, password, credit card information, billing
address, and other information as may be required by eZbidzs. You may register
only once and may only have one account at eZbidzs for your personal use.
Additionally, each household or "group of users associated with each
other", determined by the sole discretion of eZbidzs, may not register or
have control over more than two eZbidzs member accounts. If a single person is
found to have or maintain control over several accounts on eZbidzs , or if a
household or a "group of users associated with each other" is found
to have or maintain control over more than two accounts on eZbidzs , all
accounts will be immediately suspended, all auctions the accounts have
participated in will be voided, and any Bids purchased will be removed without prior
warning and without any form of compensation.
During the registration process, the user must choose a username.
The username may not offend common decency or infringe upon the rights of third
parties. The username may also not be misleading in any way or, in eZbidzs 's
judgment, closely resemble the identity of an existing user. It is a condition
of your use of the Services that all the information you provide through the
Services is correct, current, and complete. You agree to maintain and promptly
update your user account information to keep it true, accurate, current, and
complete. If you provide any information that is untrue, inaccurate, not
current, or incomplete, or eZbidzs has reasonable grounds to suspect that such
information is untrue, inaccurate, not current, or incomplete, eZbidzs may
suspend or terminate your account or access to the Services. If you abuse your
user account, whether it harms a third party or eZbidzs, you may be
disqualified and, if applicable, eZbidzs may notify applicable authorities of the
possibility of a crime.
Accounts authorized to use the services cannot be transferred or
used by anyone other than the authorized account holder. Use of this account by
a person or persons not authorized by eZbidzs is strictly prohibited. No more
than one log-in session or one authorized account user can be active at a time
for any account. Except as otherwise permitted by the Auto bid (EBID) system,
accounts which have been transferred in whole, part, or proxy bidding to other
parties, or show other activity in violation of these terms, are subject to
immediate termination. eZbidzs reserves the right to maintain logs of account
activity and to use said logs for the purpose of detecting usage in violation
of these terms.
eZbidzs reserves the right to at any time temporarily or
permanently disqualify a user for violating these Terms. Users will be
disqualified when, in eZbidzs 's reasonable opinion, a user has violated any
law, regulation or equitable interest in favor of a third party, such as
protecting users and the Service from manipulation. Examples of the foregoing
include, but are not limited to, (i) honoring bids of users who have not paid
for the Bids, (ii) the use of unauthorized bidding software, or (iii)
establishing several user accounts for the same person. Moreover, eZbidzs
reserves the right to cancel unauthorized eZbidzs accounts or accounts that
have been inactive. Each user agrees not to hold eZbidzs responsible for any
loss incurred as a result of such action.
Bid Purchasing for Online Bidding / Payment
All prices are quoted, and payments processed in United States
dollars. The user is responsible for conversion rates and fees which may occur
in case of a currency conversion done by their bank or payment processor.
eZbidzs Bids must be purchased by users prior to online bidding.
Only registered users can submit the online bids, which can be purchased in
packages (so-called 'Bid Packs') at the currently applicable prices, which can
be viewed in 'My Dashboard' under 'Bids'. The Bids must be paid for in advance.
When the Bids are purchased and deposited into the user's eZbidzs account, a
contract for the purchase of the Bids materializes. The associated invoice is
due immediately. If a user is suspended for whatever reason, all of their Bids
will be forfeited and will not be refunded.
Users who have won an auction and paid for a product are not
eligible for a refund on either Bid purchases, account activation fees, or
product fees if their product has been shipped by the time of request.
Should a payment not be honored for a user, a returned payment fee
will be charged. The user shall be solely responsible for these fees. eZbidzs
reserves the right to block access to the user account until full payment is
received by eZbidzs for the outstanding amount, including any fees due to
returned payment, etc. eZbidzs may withhold any outstanding deliveries until it
receives full payment. The user's bank may or may not charge the user an
international payment fee in connection with a credit card payment on the eZbidzs
site. It is the sole responsibility of the user to be familiar with the
policies and practices of his or her bank for such fees. eZbidzs holds no
responsibility for additional payment fees of any kind issued to the user by
the user's bank.
Unused Bids are eligible for a full refund, minus the transaction
fees (Card payments). Example, Aden purchases 100 Bids for $10 and Bids 10
times. All the remaining 90 Bids are eligible for a total refund of $9 (90 *
$0.10). There are NO refunds of Bids purchased via Cryptocurrencies because of
the nature of its volatility.
eZbidzs reserves the right to sell Bids at any discounted price to
specific user groups for promotional purposes. All eZbidzs users understand
that they may from time to time receive unique offers to buy discounted Bids
and that other users may do so as well. Similarly, users may see different
product pricing, based partly on the activity characteristics of that user. eZbidzs
may issue any number of free bids to users or user groups as part of special
promotions or for any other reasons at its discretion. eZbidzs reserves the
right to, at its discretion, remove any sign up or other promotional Bids that
have been added to a user's account for free at any given time without further
notice.
Bidding / AutoBidder (EBID)
For online bidding, an individual bid can be submitted by clicking
the "Bid Now" button, or by using the automated bidding tool called
the 'AutoBidder (EBID)'. After the first Bid Pack purchase used Bids are no
longer valid for refunds and it is deducted from the user's Bid balance
accordingly.
The AutoBidder can assist bidders in being able to bid in an
auction, even if the bidders are not online at that time. Only registered users
can submit bids automatically with the AutoBidder. The AutoBidder automatically submits bids when there is an
option to place a bid. The user can read about how the AutoBidder operates in
the 'Help' section.
When you book or add bids to your AutoBidder, if the auction is
currently live, the first bid will be placed immediately unless you are
currently the highest bidder.
eZbidzs does not guarantee the precision of the AutoBidder feature
and eZbidzs may not be held responsible for any AutoBidder software errors of
commission or omission. The user is prohibited from using any bidding software
not authorized by eZbidzs; if the user does, in fact, use unauthorized
software, it may result in immediate disqualification from eZbidzs 's systems
and Service. eZbidzs will from time to time award all users who start using the
Site with free Bids. The number of free Bids awarded or not awarded is
determined solely by eZbidzs on an account-by-account basis.
A bid is registered and counted only when eZbidzs 's system
registers the bid. A bid is not counted and valid when it is sent from the
user's Web browser, but when eZbidzs 's servers receive and register the bid
request.
It usually takes less than a second for a bid to be registered,
however it may take up to several seconds or longer for eZbidzs to receive the
bid if there is a delay in the network or if the system is under high stress. eZbidzs
is not responsible for any delays that occur in bidding or in auctions. eZbidzs
strives to make the eZbidzs timer clocks as accurate as possible. While eZbidzs
believes that auction timers are very accurate, eZbidzs cannot and does not
guarantee that the system, including the bidding clock, will always function
reliably.
All bids are final. Winning bids and their associated fees are
non-refundable.
To comply with fair and honest auction practices, eZbidzs will
reschedule auctions that end prematurely due to severe third party or technical
problems to a later time. In such events, where all bidders aren't able to
participate normally in the auctions, eZbidzs will return all used Bids from
such rescheduled auctions to all involved bidders.
Anti-Rapid Bidding System
Our website is equipped with what is called our “Anti-Rapid
Bidding System”, to ensure fair-paly for all our users. This system is in
placed to protect our users, bid process, and website from being tampered with
by intrusion of bots, bad actors, and any other means that is not legitimate in
the bidding process.
How does it work? The Anti-Rapid Bidding System works by placing 10
seconds delay restrictions on any user that bids on any product. For example, a
user name Aden places a bid on product A. Aden cannot bid on product A again
until 10 seconds has expired. He can however bid on any other product during
that time frame.
Winning Limits
Each user may win the same item, in the same auction type, only
once in a limited time period. The winning limit resets automatically once the
period has passed from the end on the auction. The system will prevent users
from placing bids on an auction if they have already won the same product
during the period.
Furthermore, each user may win up to 50 auctions per week. Once a
user has reached the 50 wins limit, the system will prevent them from placing
bids on any auctions, and all booked AutoBidder will automatically be canceled.
The weekly winning limit resets at 00:00 AST on the day of the week you created
your account.
eZbidzs reserves the right to, from time to time, review the
guidelines for any winning limits and may at any time under its sole discretion
limit accounts from winning an excessive number of auctions. eZbidzs attempts
to limit some auctions to users of comparable skill, as determined by eZbidzs,
to enhance user experience and equal chances of winning auctions. In so doing, eZbidzs
may limit which auctions are available to particular users based on any factors
deemed appropriate by eZbidzs in its sole discretion, including experience of
the user, historical success of the user, demographic factors, prior bidding
and spending activity, and other factors. In particular, eZbidzs may limit
certain auctions to less experienced or successful users in any manner eZbidzs
deems appropriate to optimize the overall user experience of all eZbidzs users.
You acknowledge that You may be, and you consent to being, excluded from
auctions at eZbidzs 's discretion.
This limit is put in place to ensure that all users have a high
quality of user experience.
Bid Expiration
Bids held in user accounts must be used within 365 days from the
day that the Bids have entered the account through purchase, item exchange or
auction win. If the Bids have not been used within that time, they will expire
and be permanently removed from the account.
How the Auctions Work
With each bid submitted, the price of the item on which the user
is bidding increases by $0.01-$0.00001, based on the product. A bid submitted
by the user constitutes an offer from that user to eZbidzs to conclude a
contract to purchase the item. A contract to purchase the item does not
materialize until the auction is finished and the last bidder has followed all
the steps provided for in this Section. The purchase contract will exist
between eZbidzs and the user who has submitted the highest bid up until the
point when the last bidder has submitted the last qualifying bid of the
respective auction.
Each new bid resets the 'countdown time' for the auction. The
countdown time for each of the auctions is shown on the auction details. The
auction ends when no more bids are submitted within the remaining time stated.
However, an auction may not end if anyone else except the highest bidder still
has Bids booked on their AutoBidder. In the event of heavy network lag, the AutoBidder
may place the bid with a slight delay with the system registering the bid 1+
seconds after the auction's countdown time. Such bid will be completely valid,
provided that the bidder had booked his AutoBidder within
the auction's countdown time.
The user who submits the highest bid and is the last to bid wins
the auction. All other Bids on the item expire and will not be refunded. The
last bidder is determined based on the records in eZbidzs 's database and eZbidzs
's decision regarding the identity of the last bidder shall be final. If a bid
is placed too late, does not reset the timer of an auction or is not correctly
registered by the system, it is then invalid. Even though this bid may be the
last bid on an auction, it is the last and highest valid bid on an auction that
wins the auction.
An invalid bid is one where the auction timer is not reset after
the bid has been placed. eZbidzs recommends its users to always bid at least 5
seconds prior to the auction timer reaches zero, as otherwise the bid might be
reflected as accepted by the system, but in reality, be received too late.
Auctions may offer the 'Buy It Now & Get your Bids Back'
option ("Buy it Now"). 'Buy It Now' will allow you to receive your
spent Bids back, if you purchase the same model of an identical item at its
'Buy it Now' price. The option to 'Buy It Now' will be offered for a limited
period of time (usually 24 hours after the auction ends) after which the option
to 'Buy It Now' is permanently revoked.
The 'Buy it Now & Get your Bids Back' option is offered at the
'Buy it Now & Get your Bids Back' price listed for each auction. The price
may vary between auctions for the same product, but will not change not after
the first bid has been placed in an auction. The price is provided solely for
the purpose of exercising the 'Buy it Now & Get your Bids Back' option. For
the avoidance of doubt, eZbidzs cannot
guarantee that the 'Buy it Now & Get your Bids Back' prices are comparable
to prices for which the item is sold through retailers or other merchants
elsewhere, and thus the 'Buy it Now & Get your Bids Back' pricing should not
be seen as a reflection of product value, or used for price comparisons or
other similar purposes.
eZbidzs is not responsible for third party abuse and manipulation
of the eZbidzs service, for example, if other users create chaos on the Site
that then results in lost bids. In that case, and other cases of third-party
abuse, eZbidzs is not responsible.
eZbidzs is constantly attempting to maintain fairness and balance
in its auctions therefore some new users or users who have lost auctions may
receive special promotions, access to special auctions, and/or free Bids
through site features. This is designed to maintain fair practice and helps
balance and create a great auction experience for all users.
Notification of the Win / Acceptance of the Win / Payment
After the auction has ended, the highest bidder ('winner') who is
logged on with eZbidzs will see a 'congratulation page' displayed, along with
all of the important information such as the total price, the payment details,
etc. The user must actively confirm the win by following the steps indicated on
that page or elsewhere on the Services. As soon as the winner has paid the
total amount reflected on the 'payment page', the win is accepted.
The user must pay the total price (auction price and applicable
taxes) no later than 7 days after the notification of the win is sent. After
this deadline has passed, eZbidzs can declare a rescission of the purchase
contract to the user, which results in revocation of the user's right to
delivery of the item. There is likewise no entitlement to replacement of any of
the Bids used in the auction. If a user chooses to "Buy it Now", the
item price including applicable tax fees must be paid within 24 hours of the
auction ending in order to be eligible. Users are responsible for all
applicable tax charges associated with purchases.
Orders may be subject to sales tax (when applicable and required
by law). Buy it Now orders the tax is based on the Buy it Now price and for
auction wins the tax is based on the final auction price.
The user may obtain and be legally entitled to the product only
after the user fully pays for the product and all of the applicable Bids used
to obtain the product. Should the user not pay for Bids that have already been
purchased, payments received shall be viewed as payment toward the Bids not yet
paid for, and a right of retention shall be exercised with regard to the item
purchased at auction until all Bids and the total price have been paid in full.
If the user chooses to pay for the item by credit card and the sales price is
lower than $1, then the price may be rounded up to $1.
If the user does not receive the won product or product obtained
through "Buy it Now", the user must file in a claim of non-receipt
via e-mail to support@eZbidzs .com within sixty (30) calendar days of the
purchase, or eZbidzs 's obligation to deliver the product will end. No refunds
of the purchase amount or cost of spent Bids to win the item will be returned
to the user.
eZbidzs is not responsible for stolen or lost items. In the event
that a product is stolen or lost, eZbidzs will do its best to help customers
upon request, by providing tracking information received from the supplier, as
well as screenshots or copies of the sales receipt and possible shipping
confirmation, if available.
Cancellation / Rescission
The user may return the item in an un-depreciated condition within
30 days of receipt if not satisfied for any reason. Upon verification of the
product's condition, eZbidzs will refund the purchase price of the product. eZbidzs
will not refund the value of the Bids spent to obtain the product. In the event
that a user wishes to return a Buy it Now order the user also forfeits all the
Free Bids given to them alongside the purchase. If the user has used the Free
Bids given to them, the user will need to purchase the equivalent number of
Bids in order for eZbidzs to process the refund. Once both the item has been
returned and the Free Bids removed from the user's account, a refund will be
given. Only Bids that have been acquired by purchasing Bid Packs for the
then-current full price shall have a right for refund within 30 calendar days
of purchase (90 calendar days for first Bid pack purchase). Such paid Bids are
always used first, before promotional Bids, free Bids, Bids obtained through
the Buy it Now or other bids that have been obtained in any other way than
paying full price for each Bid. Bids obtained during the Buy it Now process do
not have any rights to refund. eZbidzs also grants to the user ordering
products for personal purposes the right to cancel in accordance with statutory
provisions on mail order sales and e-commerce. The right to cancel does not
exist in the case of mail order sales and e-commerce contracts for the delivery
of audio and video recordings or of software, if and to the extent that the
seal on the delivered media has been broken by the user.
Right to cancel
You may cancel your contract within 30 days in written notice
(e.g. support ticket, e-mail) to eZbidzs or by returning the items. The 30-day
period begins when the item is received. Receipt can be e-mail receipt to the
e-mail address provided to eZbidzs below.
Consequences of Cancellation
In the case of a valid cancellation, both parties must return what
has been received in performance of the contract and the benefits derived
therefrom (e.g. interest) as applicable. If user is unable to return to eZbidzs
the service or product that the user received or is only able to return it in
part or only in a depreciated condition, the user must compensate eZbidzs for
the difference in value, unless the deterioration resulted from proper use. In
the case of use of items, the foregoing compensation provision will not apply
if the deterioration of the item is attributable solely to it being tested
comparable to those tests that may reasonably be performed in a retail store.
In other respects, the user may avoid this duty to pay compensation by not
using the item(s) as the user would use his/her own property, and by refraining
from any action that would detract from its value. Items that can be shipped in
packages are to be returned. In these cases, return is free of charge for the
user. Items that cannot be shipped in packages will be picked up upon
coordination with the user. A user must satisfy obligations to refund payments
within 30 days after sending the user's notice of cancellation.
When a user cancels by the deadline, the user is not obligated to
accept delivery. Under those circumstances where eZbidzs cancels by the
deadline, eZbidzs will refund any purchase price already paid. The foregoing
notwithstanding, the service charge (e.g. money spent on purchase of Bids) will
not be refunded.
Users may return items received from eZbidzs within 30 days of
receipt for any reason however are subject to applicable return shipping or
pick up fees.
Should eZbidzs incur additional costs for insufficient postage on
the return, for a COD shipment, or for courier shipments and other irregular
shipping methods that are over and above postal shipping costs, these costs
will be deducted from any payment remitted by the user. Items in sets and boxes
can only be returned in their entirety.
Delivery
Unless otherwise agreed, delivery will be made from eZbidzs 's
supplier's warehouse or from eZbidzs 's warehouse to the address provided by
the user. eZbidzs may engage third parties to satisfy its contractual
obligations without being required to notify the buyer. Obvious damage to the
item from transport or packaging damaged during transport is to be reported to
the supplier upon taking delivery.
Should eZbidzs not be able to deliver the item ordered for
whichever reason, eZbidzs is entitled to declare rescission to the user or to
substitute the item with a comparable replacement product with similar
features. eZbidzs may also choose to replace the item ordered with a gift card
of the value of the item that the user may choose to use to obtain the same product.
This also applies for items ordered through Buy it Now from the eZbidzs store.
If the product delivered is damaged, defective, or otherwise does
not match the product description, eZbidzs will replace the product at eZbidzs 's
expense. Please contact support@eZbidzs .com to arrange return and replacement
of any such product. Replacement is not covered for any items shipped to a
freight forwarding company and shipment to a freight forwarding company.
Right of Substitution
Subject to the cancellation policy specified herein, eZbidzs may
substitute another similar item of the same general character or function,
provided it has the same or higher retail value, for purposes of delivery to
the user. eZbidzs may substitute another similar item of a lesser value if the
user requests one. eZbidzs may also choose to substitute the item ordered with
a gift card of the value of the item. A gift card may be the most suitable
substitute solution for challenges related to product availability or supplier
challenges. Such right of substitution may be necessary from time to time if,
for example, unforeseen or undetected challenges arise with the manufacturing
or inventory system of the supplier, impacting the ability to deliver the exact
item sought by the user.
Product Correction
If eZbidzs is unable to
provide the user with the item auctioned due to unforeseen circumstances, eZbidzs
reserves the right to offer the winner
in its absolute discretion an alternative item in the same price range or the
equivalent of the item's Manufacturer's Recommended Retail Price ('MSRP') in
Bids so that if a Bid's then-current price is $0.10, eZbidzs issuing one (1) Bid to the user is equal to
$0.10.
Should subsequent correction be undertaken by way of delivery of
the item originally auctioned, the user shall be obligated to return to eZbidzs
the substituted item delivered within 30 days at eZbidzs 's expense.
Items delivered shall remain eZbidzs 's property until payment in
full of the total price, including for the Bids used in the auction. Until such
time as full payment has been made, the user undertakes to store the item
separately from their other possessions and to insure it. eZbidzs shall have
full rights of access to the place where the item is located during normal
business hours to take possession of it.
Merchandise Sources
You acknowledge that items sold on eZbidzs may come from suppliers
owned by eZbidzs or where one or more ultimate eZbidzs shareholders owns an
interest, or there are directors or advisors shared between eZbidzs and the
supplier. The selection of products and services available on eZbidzs are
always based on price, customer satisfaction, and product reviews.
Manufacturer's Warranty and Disclaimer
eZbidzs does not manufacture or control any of the products or
services offered on the Service. The availability of products or services
through the Service does not indicate an affiliation with or endorsement of any
product, service or manufacturer. Accordingly, eZbidzs does not provide any
warranties with respect to the products or services offered through the
Service. However, the products and services offered through the Service may be
covered by a manufacturer's warranty included with the product. To obtain
warranty service for defective products, please follow the instructions
included in the manufacturer's warranty.
Warranties relating to products or services offered, sold, or
distributed by ezbidzs or through the services are subject to separate warranty
terms and conditions, if any, provided with or in connection with the
applicable products or services. You affirm that ezbidzs shall not be liable,
under any circumstances, for any breach of warranty claims or for any damages
arising out of the manufacturer's failure to honor its warranty obligations to
you.
Limitation of Liability
In no event will ezbidzs , its affiliates, or their licensors,
service providers, personnel, agents, officers, or directors be liable to you
for any direct, indirect, consequential, special, or incidental damages
incurred by you, under any theory of liability and however it may be caused,
even if foreseeable, including but not limited to lost profits, loss of
goodwill or reputational harm, data loss, or other intangible losses, arising
out of or in connection with these terms or breach of these terms, your use, or
inability to use, the service, any websites linked to it, any content on the
service, or such other websites, or any services or items obtained through the
service or such other websites. This limitation includes, but is not limited
to, any damage or harm caused by inaccuracy of the data or services provided
(or your reliance on such data or services), changes to the services, permanent
removal of content from the services (including licensed material), or breaches
of these terms by you. The foregoing does not affect any liability which cannot
be excluded or limited under applicable law. Except as provided above, ezbidzs
's sole and maximum liability for any reason, including without limitation any
liability for damages caused or allegedly caused by any failure of performance,
error, omission, interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction of or
unauthorized access to, alteration of, or use of records, whether for breach of
contract, negligence or tortious behavior, or under any other cause of action,
whether in law or equity, and for any damages arising hereunder, and your sole
and exclusiv remedy for any cause of action whatsoever, shall be strictly
limited to the actual amount paid by or on behalf of the user to ezbidzs for the product or service giving rise to the
damage that you have ordered through use of the services.
WARNING - Seizures
Due to some flashing elements on the website, some users may
experience seizures or loss of awareness or other symptoms linked to an
epileptic condition, even if they have never experienced anything like this
before. Anyone who has experienced such symptoms should consult a doctor before
using the website.
Disclaimer of Warranties
The services and all content and information contained with the
services are offered by eZbidzs, its agents, or service providers "as
is" without any warranty or condition of any kind (express or implied).
Use of this service is at your sole risk. eZbidzs does not warrant the serviced against failure
of performance including, without limitation, any failure due to computer
hardware or communication systems, or that the site or the services will always
be available, accessible, uninterrupted, timely, secure, accurate, complete, or
error-free, or that defects in the services will be corrected. Except as
expressly provided in these terms, eZbidzs
does not make and hereby disclaims, and you hereby waive, any
representations or warranties, arising by law or otherwise, regarding the
services, or any portion thereof, including, without limitation, implied
warranties of merchantability, fitness for a particular purpose, title,
non-infringement, or arising from course of dealing, course of performance or
usage in trade. Further, eZbidzs does not warrant and makes no representations
that the service (or any portion thereof) will meet your needs or expectations
or will contain information that is current, accurate, or should be relied
upon. You assume total responsibility and risk for your use of this site, the
services, and linked websites. Ezbidzs does not warrant that files available
for download will be free of viruses, worms, trojan horses or other destructive
programming. You are responsible for implementing procedures sufficient to
satisfy your needs for data back up and security. The foregoing does not affect
any warranties which cannot be excluded or limited under applicable law.
Your Indemnity
You hereby release, and agree to defend, hold harmless, and
indemnify eZbidzs its affiliates,
licensors, and service providers, and its and their respective officers,
directors, employees, contractors, agents, licensors, suppliers, successors,
and assigns from and against any and all claims, actions, proceedings, suits,
liabilities, damages, settlements, penalties, fines, costs, or expenses
(including, without limitation, reasonable attorneys' fees, court costs, and
other litigation expenses) arising out of or relating to (a) your violation or
breach of any term, condition, representation or warranty of these Terms; (b)
your improper or illegal use of the Services; (c) your violation, alleged
violation, or misappropriation of any intellectual property right (including,
without limitation, trademark, copyright, patent, trade secrets) or
non-proprietary right of a third party; or (d) your use or access of the
Services, or access by anyone accessing the Services using your username and
password.
Termination
These Terms will continue until either party chooses to terminate
them. This may be done by you at any time upon (1) receipt by eZbidzs of
written notice of your termination, and (2) your ceasing to use and access the
Service immediately. If you access or use the Service after providing notice to
eZbidzs, you are assenting to these Terms anew. Termination of these Terms by
either shall terminate any rights you may have to use any content or Services
provided. Any licenses provided to eZbidzs to use Licensed Material shall
remain in effect unless otherwise agreed to in writing by the parties.
In its sole discretion, eZbidzs may terminate these Terms or
prohibit or suspend access to the Services by you at any time. Termination or
suspension may occur for reasons set forth in these Terms including, without
limitation, if: (a) your use of the Service violates these terms or any
applicable policy or guideline, is potentially illegal or harmful to eZbidzs or any other party, or could subject eZbidzs to liability or additional expense; (b)
providing the Service becomes technically or commercially unfeasible; or (c)
you fail to pay any charges due to eZbidzs .
Compliance with Laws; Taxes
You shall at all times comply with all applicable laws and
regulations regarding the use of the Services and your bidding, and purchase,
of items through the Services. You shall indemnify and hold eZbidzs harmless
from your failure to so comply. You agree that eZbidzs shall not have to
perform any obligations set forth in this Agreement if such performance would
violate any present or future law, regulation, or policy of any applicable
government.
Purchases by Worldwide users
The purchases made on the site are subject to each countries tax
unless specifically exempt. The purchases are not exempt merely because the
purchase is made over the Internet, by catalog, or by other remote means. If
applicable, you may find the use tax forms and corresponding instructions on
the Department of Taxes website of your country.
No Agency
eZbidzs is not the agent, fiduciary, trustee or other
representative of you. Nothing expressed or mentioned in or implied from this
Agreement is intended or shall be construed to give to any person other than
the parties hereto any legal or equitable right, remedy or claim under or in
respect to this Agreement. This Agreement and all of the representations,
warranties, covenants, conditions and provisions hereof are intended to be and
are for the sole and exclusive benefit of the parties hereto.
Severability
Should any clause or provision hereof be deemed invalid, void or
unenforceable either in its entirety or in a particular application, the
remainder of these Terms shall nonetheless remain in full force and effect and,
if the subject term or provision is deemed to be invalid, void or unenforceable
only with respect to a particular application, such term or provision shall
remain in full force and effect with respect to all other applications.
Further, if any provision of these terms is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the
provision and the other provisions of these Terms shall remain in full force
and effect.
Force Majeure
eZbidzs will not be liable
or responsible to you, nor be deemed to have defaulted or breached these Terms,
for any failure or delay in its performance under these Terms when and to the
extent such failure or delay is caused by or results from acts or circumstances
beyond our reasonable control, including, without limitation, acts of God,
flood, fire, earthquake, explosion, governmental actions, war, invasion or
hostilities (whether war is declared or not), terrorist threats or acts, riot
or other civil unrest, national emergency, revolution, insurrection, epidemic,
lockouts, strikes or other labor disputes (whether or not relating to our
workforce), or restraints or delays affecting carriers or inability or delay in
obtaining supplies of adequate or suitable materials, materials or
telecommunication breakdown or power outage.
No Waiver
You understand and agree no waiver by eZbidzs of any term or condition set forth in these
Terms shall be deemed a further or continuing waiver of such term or condition
or a waiver of any other term or condition, and any failure of eZbidzs or any eZbidzs affiliate to enforce their rights under these
Terms or at law will not be considered a waiver of such rights.
Notices
To you. eZbidzs may provide any notice to you under these Terms
by: (i) sending a message to the email address you provide, or (ii) by posting
to the Service. Notices sent by email will be effective when eZbidzs sends the
email and notices eZbidzs provides by posting will be effective upon posting.
It is your responsibility to keep your email address current.
To eZbidzs. You must contact eZbidzs as follows: (i) by support
ticket, (ii) by email at support@eZbidzs .com. eZbidzs may update its addresses
for notices by posting a notice on the Service. Notices provided by personal
delivery will be effective immediately. Notices provided by overnight courier
or email will be effective one business day after they are sent. Notices
provided by registered or certified mail will be effective three business days
after they are sent.
Entire Agreement
These terms constitute the entire agreement of the parties with
respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous
agreements, claims, representations, and understandings of the parties in
connection with the subject matter hereof.