BidandClick ("BidandClick" or "BidandClick.com" or "We" or "Website" or "Site") is an online store organised along the lines of a blind lowest unique bid auction where people can buy auctioned products at the lowest unique bid in compliance with the Terms and Conditions and Rules described below. The Service is supplied by Bewebcom Corporation, with registered office at 1177 George Bush Boulevard, Suite 308, Delray Beach, Florida 33483 – U.S.A.
Your use of this Website means that you have read the following Terms and Conditions, accept them and agree to abide by them. Please read them carefully. By registering with the Site you become a BidandClick member (“Member”). By visiting BidandClick, you agree to be bound by these Terms and Conditions for as long as you are a Member. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS, RULES AND PRIVACY POLICY OF THIS AGREEMENT DO NOT REGISTER WITH THE SERVICE. Our business is constantly changing and our Privacy Policy, Rules, Terms and Conditions may also change. At our discretion We may or may not send regular "reminders" of policy changes by mail, letter or any other way, however you are expected to frequently check our Site for any recent changes made. We reserve the right to revise the Terms and Conditions at any time without prior notice. By using the Site, Service and/or your “Account” you are irrevocably accepting this right. Please check this page frequently as it is your responsibility to be updated on the amendments and/or variations to the original Agreements.
Carefully read the Rules and Privacy Policy that govern our Site in order to understand how We operate.
We reserve the right to amend, change, suspend or interrupt any part of the Site or content at any time. We also have the right to limit or restrict your access to certain parts of the Service or to the entire Site at our discretion, without prior notice and/or We shall not be liable to you or third parties.
The definition of a “newsletter subscriber”, hereafter called “subscriber”, is someone who has either completed or partially completed the registration form but who has not confirmed his/her registration for complete use of the website. A subscriber may request a definitive site registration e-mail by making a request in the dedicated section. By accepting the Terms and Conditions agreement and relative Privacy Policy, the subscriber expressly declares to wish to receive newsletters regarding BidandClick and/or Bewebcom Corp activities or those of its partners.
In order to become a user or subscriber you must fulfil all requirements in the “Eligibility” paragraph.
1. Eligibility
By accessing this site the member exercises the right to act autonomously, and guarantees the right, authority and capacity to accept the present Agreement, agrees with all the Terms and Conditions and guarantees that he/she is aged 18 or over, or as legally required in the country of residence. The Service shall be accessed for the sole and personal use of the member. The member may not assign or transfer a personal account to any other person or subject. A “Member” is a person who is legally eligible to use the Service, who has duly filled in the registration form and has been accepted by BidandClick. With reference to the registration, the Member may be required to provide name, surname, address, e-mail address, date of birth, civil status and telephone number and tax code, if deemed necessary by BidandClick. If Member details change, the Member is responsible for updating them on the BidandClick site in the way described on the registration form. Each single Member, by registering with BidandClick, unconditionally accepts without any exception the following prohibited uses:
- Open and use more than one BidandClick account (“Account”);
- Use a false or misleading address or e-mail address to open or use an Account.
- Supply false or misleading information to any subject involved in the BidandClick programme.
- Use names and/or addresses and/or personal data of any type belonging to third parties.
2. Nickname and Password
Each Member must create a "Nickname" which will identify the Member on the Site in a unique and univocal way. In addition each Member must choose a "Password". Nickname and password allow BidandClick Members to see, use and manage their Account. You acknowledge and agree to allow BidandClick to process all the transactions of your Account, including, but not limited to this, the registration to other Services that are activated through the use of your Nickname and Password. You are solely responsible for keeping your Nickname and Password confidential and you must immediately inform BidandClick of any unauthorised use of your Nickname or Password or of any other security problem. In no case shall BidandClick or Bewebcom or their employees or associates be liable and/or have duties in relation to the use or improper use of your Nickname and/or Password.
3. Access without registration
BidandClick may supply certain Services without requesting registration, and in this case BidandClick shall define at its own unquestionable judgement which Services can be accessed and the appropriate level of access and use.
4. Terms and duration
The present Agreement shall remain in force for as long as you will use the site and/or be a Member. You can terminate your “Membership” at any time and for whatever reason by eliminating your profile, following the instructions contained in the special section of your Account. ALL CREDITS PURCHASED SHALL NOT BE REFUNDED FOR WHATEVER REASON, with the exception of what is foreseen in the paragraph “Changes to the service". Furthermore, we may terminate your “Membership” at any time by removing your profile, for whatever reason and without explanation. If you have purchased Credits and terminated your Membership you shall not have the right, and we shall not have any obligation, to a refund for any remaining Credits. If We, at our own discretion, determine that you have breached this Agreement you shall not have the right to receive a refund for the Credits you have purchased and not used. We may terminate and/or suspend your Account, at our own discretion, for one or more of the following reasons (this shall not entail any liability and/or obligation for BidandClick or Bewebcom Corporation or their employees and/or collaborators):
- For verified or suspected fraud, abuse or breach of this Agreement by any Member in relation to the use of the Service.
- For Member Account inactivity (inactivity meaning that the Member has not placed a bid for (1) year);
- For verified or suspected manipulation of any kind of the auction system (manipulation meaning, and not limited to, that the Member has more than one Account or has tried and/or managed to obtain Credits in a manner not in compliance with the procedures indicated on the site, including, but not limited to, the use of false e-mail addresses for certain promotions or the manipulation of procedures used by BidandClick web pages).
5. Service
Our service is limited to the choice of suppliers and products placed on sale. Our Service includes monitoring the regular execution of sales based on a blind lowest unique bid auction system, as per the Rules described herein, and monitoring that the product purchased is delivered to the buyer. In addition, the BidandClick Service includes the management and updating of the Site and of its web and software parts, as well as the management of all the costs related to servers, employees, advertising and costs related to the management of a Company. You hereby agree and accept that the Service offered and for which you decide to buy Credits is reasonable. Members who wish to place bids accept and agree to buy Credits in order to receive these Services. Furthermore, in order to make the service more user friendly BidandClick offers Members who purchase the BidandClick Services will receive the “Information Service” described below.
IF, FOR WHATEVER REASON, YOU DO NOT AGREE WITH THE SERVICE WE OFFER PLEASE DO NOT REGISTER WITH THE SITE AND DO NOT USE THE SERVICES.
6. Fee ("Info")
Access to the Site and registration are free. To receive the Services, described in the “Service” paragraph, offered by BidandClick you must buy Credits, which you agree and accept shall not be refunded for whatever reason, as the Service, within the terms described, supplied by BidandClick concerns Site management and the costs sustained by BidandClick. For your purchase of Credits, or in the case of promotions which may be presented from time to time, BidandClick may, at its own discretion and without any obligation, give you Free Credits. In return for purchasing the BidandClick Services you receive Credits, which you can use at your discretion to receive the Information Service for each bid you place. The amount of Credits deducted from your Credits Account purchased is shown on the site and may vary according to the product. By registering as Member and therefore wanting to receive the BidandClick services, you agree and accept that any payment you make to BidandClick is made exclusively to guarantee the continuity of the Service indicated here and that the Information Service offered by BidandClick for each bid is an additional Service offered by BidandClick for which no payment, but only the use of Credits, is required. The Member is solely responsible for any type of management of his/her Account.
7. Changes to the Service
BidandClick reserves the right, at any time, to change or interrupt, temporarily or permanently, a part of the Service with or without notice. You agree and accept that We shall not be liable and shall not be subject to sanctions by you or third parties for any change, suspension or interruption of the Service and you agree and accept that you shall not have the right to receive any refund unless the Service is permanently closed and interrupted for a continuous period of 12 consecutive months.
8. Trademark Property
BidandClick trademarks and the BidandClick logo, and BidandClick website texts belong to Bewebcom Corporation. All other trademarks belong to their respective owners. You cannot, for any reason, use the intellectual property of BidandClick and/or reproduce texts, images or any other data published on the BidandClick website without having received prior written consent from Bewebcom Corporation.
9. Electronic Communications
By accessing and using the Site and/or registering for the use of the Service, you agree to receive electronic communications (e-mails) from BidandClick. Furthermore, you agree and hereby accept that BidandClick can choose to communicate with you using other means, in accordance with the information contained in your registration form. We can choose to communicate with you only via e-mail or by publishing information of the Site. You agree that all agreements, notices, documents and any other communication which We send you electronically (via e-mail) satisfy all legal requirements and that said communications shall be sent in writing. We shall not be liable for e-mails or communications sent in any other way which are not received by the Member.
10. Links, products and services
This Site may contain links to other sites belonging to Bewebcom Corporation customers and/or partners and/or affiliates and/or third parties. In some cases third parties may have links to the Site. BidandClick or Bewebcom Corporation does not endorse said sites, or the products or services offered by these sites. BidandClick or Bewebcom Corporation or their employees or collaborators are not responsible for the activities or policies of these sites. BidandClick may even make available on its Site the products and services of said sites, business partners, affiliates and other third parties and said products or services shall be purchased and/or obtained by you directly from these third parties. You recognise and agree that BidandClick or Bewebcom Corporation is not a party in, and shall not be liable for, any transaction of products or services offered by third parties or any content or information presented by these parties in relation to any product or service.
11. Privacy Policy
The use of the BidandClick Site and/or its Services is governed by our Privacy Policy, which may be amended at times. All amendments shall be published on the site. Our Privacy Policy is an integral part of this agreement. By accessing the Site and registering you agree to have your personal data processed in compliance with the Privacy Policy of BidandClick.
IF, FOR WHATEVER REASON, YOU DO NOT AGREE WITH ONE OR MORE POINTS OF OUR PRIVACY POLICY PLEASE DO NOT REGISTER WITH THE SITE.
12. Rules
The "Rules" are considered an integral part of this Agreement and the Member, by accessing the Site, declares to agree with and confirms to unconditionally accept these Rules, in all their parts and without any exception. By using the Services offered you agree with and declare to have fully understood the Rules that govern this system of sale of products based on a blind lowest unique bid auction system, and for no reason shall you consider BidandClick or Bewebcom Corporation or their employees or collaborators liable if for whatever reason you do not understand said Rules. IF YOU DO NOT AGREE WITH THE RULES THAT GOVERN THIS SALE OF PRODUCTS ORGANISED ON THE BASIS OF A BLIND LOWEST UNIQUE BID AUCTION SYSTEM PLEASE DO NOT REGISTER AS MEMBER AND DO NOT BUY ANY CREDITS.
13. Disclaimer
BidandClick and/or Bewebcom Corp., including their legal representatives, directors, agents, controlled companies and employees shall not be liable for incorrect or incomplete contents published on the site or concerning the Service whether these are generated by users, Members or any other instrument or program associated to the Service or used by the Service, or generated by the conduct of any user and/or Member of the Service both online and offline. BidandClick shall not be liable for any errors, interruptions, extensions, defects, delays in the operations or in the transmission, lack of communication lines, thefts, destruction or unauthorised access to or alteration of user and or Member communications. BidandClick shall not be liable for any technical malfunction or problem of any network or telephone line, online computer system, server or provider, computer equipment, software, lack of e-mail or traffic congestion of the Internet or any site or combination of these, including tort or damage to user and /or Member computers and/or computer of any person, that may arise from taking part or downloading material related to the BidandClick Site and/or Service. BidandClick shall not be liable, for whatever reason, for any loss or damage deriving from the use of the site or Service and/or any content published on the site or communicated to BidandClick Members by anyone. BidandClick and/or Bewebcom Corp. and their employees cannot guarantee and do not promise that the use of the site and/or Service will lead to specific results.
14. Limitation of Responsibility
Excluding jurisdictions in which said provisions are limited (in that case We decline any responsibility to the extent permitted by law), BidandClick shall not, for any reason, be liable towards members or third parties for any indirect, consequent, exemplary, accidental, special or punitive damage including the loss of profits that may arise from the use of the site or Service even if BidandClick has been advised of the possibility of said damage.
Notwithstanding anything to the contrary contained in this agreement BidandClick’s liability to the member for any cause whatsoever, regardless of the form of action, will at all times be limited to the amount paid by the Member, expressed in Credits, and not yet used net of any Free Credits received.
15. US Export control laws
The software of this site is subject to US export control laws. No software can be downloaded from this site or in any way exported or re-exported (i) to (or citizens of or residents in) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country subject to U.S. goods embargo; or (ii) to any person on the US Treasury Department’s List of Specially Designated Nationals or any person or entity on the US Commerce Department’s Table of Denial Orders. By downloading or using software you declare and guarantee that you are not present or resident in or citizen of any of the Countries mentioned above or on any of the lists mentioned.
16. Indemnity
The member agrees and accepts to indemnify BidandClick, Bewebcom Corp., controlled companies, affiliates, legal representatives, agents and other partners and employees against any losses, liability, claim or request including reasonable legal expenses paid by third parties following the abuse of the Service in breach of this agreement, infringement of these Terms and Conditions of use and/or any breach of Member guarantees and declarations mentioned above.
17. Notification/Other matters
The member agrees and accepts to indemnify BidandClick, Bewebcom Corp., controlled companies, affiliates, legal representatives, agents and other partners and employees against any losses, liability, claim or request including reasonable legal expenses paid by third parties following the abuse of the Service in breach of this agreement, infringement of these Terms and Conditions of use and/or any breach of Member guarantees and declarations mentioned above.
18. Notification/Other matters
With the exception of cases otherwise mentioned notifications must be sent by mail to:
If to Us:
BidandClick
c/o Bewebcom Corporation
1177 George Bush Boulevard, Suite 308
Delray Beach, FL 33483
United States of America
If to the Member:
To the e-mail provided upon registering with BidandClick. The notification shall be considered delivered 24 hours after the e-mail has been sent unless BidandClick is notified that the e-mail address is not valid. BidandClick may also send notifications by prepaid mail, certified mail or by mail with return receipt to the address given by the member, if applicable, to BidandClick upon payment. In this case the notification shall be considered delivered 3 days after it has been sent.
The Member agrees and accepts that this Agreement and all annexes may be assigned by BidandClick and/or Bewebcom Corp. at their own discretion, to a third party. Titles are used purely as reference and in no way limit or define the purpose or extension of said section. Any reference to BidandClick includes Bewebcom Corporation, their controlled companies, affiliates, legal representatives, agents or other partners and employees. Failure on behalf of BidandClick to reply to the abuse of a Member or other party does not determine the waiver of the right to act in following or similar breaches. If at any time, any provision of this Agreement shall be considered invalid, the remainder of the agreement shall continue in full force and effect.
By registering with the BidandClick site by Bewebcom Corporation, the member declares to have read, accepted and digitally undersigned and unconditionally signed all the Terms and Conditions of Use contained in the Agreement, the Rules and Privacy Policy which every member recognises as integral part of this Agreement.
Furthermore, by registering with the site, the member declares to have read and understood all the paragraphs of the Agreement from number 1 to number 18 and to have expressly accepted and undersigned them.
By registering with the website the member declares to have had sufficient time to read and understand the articles of this Agreement, including the Rules and Privacy Policy. Furthermore, by registering, the member declares to have read, understood, accepted and signed on the date of registration all the Terms and Conditions contained in this Agreement.
Last revised on: 20 February 2008
The Rules (“Rules”) listed below govern all the auctions on the BidandClick Site and are considered an integral part of the Terms and Conditions of Use Agreement.
General
You have the opportunity of buying Products ( "Lots" or "Products" or "Items") at a price below street price and this opportunity is organised in the form of a blind lowest unique bid auction, where a Member can place bids on one or more Products. At the end of the "Bidding Period", the Member who placed the lowest unique bid, hereinafter defined as "Awarded Bidder" or "Successful Bidder", shall have the right of purchasing the Product at the price of the offered bid (plus transport charges, if any, as indicated for each single lot).
Definitions
For the purpose of making these Rules as clear and transparent as possible, please find here below some definitions:
- “Lowest unique bid”: when the auction of a Lot has been closed (i.e. at the end of the "Bidding Period"), the lowest unique bid is the lowest bid in Pound and Pence for that specific Product which is closest to 1 penny (£ 0.01) and which has not been bid by any other Member.
- "Product " or "Lot": specific and single product sold on the BidandClick website.
- "Bid": the amount the Member is willing to pay to purchase a Product. The Bid is placed in pence.
- "Blind Bid”: blind means that you do not know the amount of the bids placed by other Members for a certain Product, as they are kept secret until the end of the "Bidding Period". You will only receive the following information (called "Information Service") about your bid:
- Lowest and unique
- Unique bid but not the lowest
- Not unique
- “Bidding Period”: the period in which Members can place their bids for the Products on sale. This period is displayed in the form of a countdown to the end of the Bidding Period.
- “Awarded Bidder” or "Successful Bidder": the Member who has, for a certain lot, the lowest unique bid at the end of the Bidding Period. He has the right to buy the Product in the way and within the terms indicated in the “Procedure to Purchase a Product”.
- “Confirmation Period”: the period of time given to the Awarded Bidder to confirm and purchase the Product/Lot. This period is of ten (10) days or two hundred and forty (240) hours from the end of the Bidding Period. Or, in the case of a second Successful Bidder, ten (10) days equal to two hundred and forty (240) hours from the end of the first ten (10) day period.
- "Credits": Credits received from BidandClick in return for the purchase of the Services offered as described in the “Service” article.
- “Buyer”: the Successful Bidder who confirms the purchase of a product within the Confirmation Period.
Procedure to Purchase a Product
The Successful Bidder, in other words the person who has the right to purchase the product on sale, is the Member who placed the lowest bid which no other Member placed (Unique bid). If two or more Members place a bid for one same Product then the Bid is not Unique. If a Member places a Unique Bid, but there are other lower unique bids than that bid is not the lowest one. The Awarded Bidder of the Product is the Member who, at the end of the Bidding Period, has placed the LOWEST UNIQUE BID. If the Successful Bidder decides not to purchase the Product at the price bid or if the Member does not confirm the purchase within the "Confirmation Period", the Member who placed the Unique bid closest to the one of the first Awarded Bidder shall become the new Successful Bidder and have the right to buy the product at the value of his bid. In case no Unique Bid has been placed, the system will automatically consider the not unique bids, starting from the lowest double bids (in case of no double bids, the system will consider the lowest bid placed by 3 members). The first member who placed that bid will be the Successful Bidder. In case the first Awarded Bidder will not purchase the product within the Confirmation Period, the second member who placed the same bid shall be the Successful Bidder.
If both the first and second Awarded Bidder decides not to purchase the Product or does not confirm the purchase at the price he bid within the Confirmation Period, the product will remain unsold and BidandClick, at its own discretion, shall decide whether to sell it again or not or to withdraw it. In general, BidandClick shall offer the opportunity to purchase the product only to the first Successful Bidder and to the second one according to the terms mentioned above.
For example:
the following bids have been placed by 6 members for a Product.
Bid 1 = £ 1.76 - Bid 2 = £ 2.11 - Bid 3 = £ 1.76
Bid 4 = £ 2.33 - Bid 5 = £ 2.33 - Bid 6 = £ 2.16
In this case Bid 2 and Bid 6 are Unique Bids. However Bid 2 is the lowest one therefore the Successful Bidder is the Member who placed Bid 2. If the first Awarded Bidder does not purchase the product, then the Product is offered to the Member who has placed the next lowest unique bid, i.e. Bid 6. In the above example, if we consider that the Bid 6 has not been placed and the Awarded Bidder decided not to purchase the Product, then the Successful Bidder will be the first member who placed the £ 1.76 bid (lowest double bid). If both the first and second Successful Bidders decide not to buy the Product at the price bid, the Product is withdrawn and BidandClick has the right, at its discretion, to decide whether to place it on sale again or not. Members are responsible for checking the Site to see if they are the Successful Bidder. At the end of the Bidding Period, BidandClick publishes the lowest unique bid value; once the Successful Bidder has confirmed the purchase BidandClick publishes the Buyer’s nickname.
How to place a Bid
To place a Bid you must be a BidandClick Member. In order to place a bid and, therefore, receive the Information Service for every each bid, you must have Credits. You can have either free credits or purchased credits. For each lot BidandClick indicates the Credits required to place a bid; the Credits will be deducted from your Credits Account. You can place different bids for each product during the Bidding Period. The Bids placed shall only be considered accepted once the Credits have been deducted from your Credits account.
Information Service
You agree and accept that the Credits you have purchased to receive the Service are deducted from your account when you place the bids. Among the Services offered by BidandClick, for which you have bought Credits, BidandClick provides an “Information Service" in relation to the bid you have placed. The Information Service concerns the status of your Bid compared to those placed by other Members; in other words you are informed if your Bid is:
- The lowest unique one
- Unique but not the lowest one
- Not a unique bid
Transport and delivery of products.
The product purchased shall be sent by Mail or Express Courier and shall be delivered to the Member’s address. Transport charges are indicated in the product description throughout the Bidding period. BidandClick and Bewebcom Corporation, do not have a permanent organisation in Europe therefore they may use other companies to package and deliver products. The company in charge of packaging and delivering the product shall in no way be liable to you or third parties. You agree with and accept this condition. Any transport charges must be paid by the Awarded Bidder when he purchases the product and within the Confirmation Period. We shall do our best to deliver the product within 30 days, unless otherwise specified for each single product. However, in case of delay, we shall not be punishable for any reason and any claims for damage compensation shall not be accepted and you shall not file them as you hereby expressly accept this condition. Certain products may be delivered “Ex factory”, that is to say in the place where the product is, in the European Community. In this case the Successful Bidder is responsible for transport and collection. Some products may require your personal presence because they must be registered through public deed (e.g. a car). In this case all expenses sustained by the Awarded Bidder to reach the location of the product and/or any registration cost and/or any other cost not expressly mentioned on the site shall be paid by the Successful Bidder. After having purchased and paid for the Product the Successful Bidder can assign the property to a third party according to instructions which the Awarded Bidder shall communicate to BidandClick.
BidandClick shall not be liable or punishable in any way if the product cannot be delivered due to the fact that the address on the registration form is incomplete or incorrect. You are responsible for updating your details.
Availability
BidandClick will make its best efforts to select suppliers that can guarantee the availability of the product with the characteristics mentioned on the Site, without modifications, during the entire Bidding Period. If, during the Bidding period, BidandClick is informed that said product with the characteristics presented is no longer available, BidandClick shall indicate it on the Site or communicate it to the Sucessful Bidder, if the Bidding period is closed. If the product is not available after the Bidding Period, the Awarded Bidder shall be offered a product of the same type of equal or higher value. In this case the Confirmation Period defined above becomes of thirty (30) days. If on the other hand the product is not available during the Bidding Period and BidandClick is informed of this, then the product may be withdrawn from the auction and all the Credits used to place bids by Members for that product will be credited to their Accounts.
Product Description
We do our best to give Product descriptions which are as accurate as possible. The information may contain printing errors or incorrect elements. Therefore, product information must not be considered as a BidandClick declaration of the technical characteristics of a product.
BidandClick © is a registered trademark.
Copyright © 2006-2008 BeWebCom Corporation - USA.
Any reproduction, even partial, is prohibited.
