| PREAMBLE |
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| The SquareAuction.com powered by Amovlek Trading Ltd. (www.amovlek.com) (hereinafter referred to as "Company", "we", "SquareAuction" or "us") is an internet auction site operating under SquareAuction brand name, which allows people to bid for different products by means of: internet, SMS and/or email. Each auction will have only one winner as set forth in SquareAuction Rules and Regulations, outlined to this Terms and Conditions. |
| In accordance with the Terms and Conditions, all customers' funds (Squares) are held by the Company in a separate, segregated account. |
| The Preamble to this Agreement and all Attachments attached hereto and outlined in Table of Attachments of these Terms and Conditions, form an integral part hereof and shall be binding upon the Parties. |
| In the event of any conflict between these Terms and Conditions and the Attachments these Terms and Conditions shall take precedence. In the event of conflict between the Attachments themselves, the conflict shall be settled in accordance with these Terms and Conditions. |
| It is agreed by the Parties that a Party which finds any conflict between these terms and conditions and the Attachments, or between the Attachments themselves, shall inform the other Party in order to settle the conflict as soon as possible. |
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| TABLE OF ATTACHMENTS |
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| ARTICLE 1. DEFINITIONS |
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| In these Terms and Conditions, unless the context otherwise requires, the following terms shall have the following meanings: |
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| "Parties" |
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Company, You. |
| "SquareAuction Auction" |
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A precise product/service that has been offered for auction where the auction format is as described in these Terms and Conditions. |
| "Registered User" |
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A user that has registered at www.squareauction.com and has not acquired any membership program. |
| "Paid Member" |
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A Registered User that has purchased one of the membership programs of www.squareauction.com and this program has not expired yet. |
| "Bid" or "Bid Value" |
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An amount that is proposed for a specific product/service of the SquareAuction Auction. |
| "Bidder" |
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A person, firm or company who submits a bid proposal for products/services offered on SquareAuction site where the bid proposal was not cancelled according to any terms in this Agreement. |
| "Maximum Price" |
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The maximum bid amount that can be proposed for a specific product/service on SquareAuction.com. This amount is determined by SquareAuction, no bids will be accepted at the amount higher than the Maximum Price. |
| "Minimum Price" |
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The minimum bid amount that can be proposed for a specific product/service on SquareAuction.com. This amount is determined by SquareAuction, No bids will be accepted at the amount lower than the Minimum Price. |
| "Maximum Number of Bids" |
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The maximum number of bids on some auctions which will be accepted regardless of the End Date of the auction. |
| "Reserve Bid Amount" |
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The minimum number of bids is required to close the auction regardless of the End Date of the auction. |
| "End Date" |
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The date at which the SquareAuction.com auctions will close, unless the auction requires the maximum or the minimum number of bids prior to closing. |
| "Bid Increment" |
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The bid step amount that is permitted separating possible bid proposals. If YOUR bid is not in the allowed increments it will not be accepted. |
| "Winning Bid" |
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A bid proposal that was repeated more than any other valid bid value. |
| "Winner" |
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A person (bidder) who was last to place the "Winning Bid". |
| "Administration and Handling Fee" |
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A non-refundable fee that is charged per bid proposal or per any other action. |
| "Selected Bidder" |
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The sole Bidder that is determined to have the right to purchase a specific product/service on SquareAuction auction as per these Terms and Conditions. |
| "Squares" |
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The currency of the Company's web site. All Administration and Handling Fees on this site will be stated in this currency. |
| "Available Squares Balance" |
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The amount of Squares in YOUR account that YOU have not yet used to place a bid or reserved to autopilot use. |
| "Reserved Squares Balance" |
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The amount of Squares reserved for autopilot(s) operating. |
| "Services" |
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Any product or serviced provided by Company under these Terms and Conditions. |
| "Retail Price" |
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The price supplied by partners and/or distributors and is typically equal to the Manufacturer's Suggested Retail Price (MSRP). |
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| ARTICLE 2. AGREEMENT |
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| By agreeing to these Terms and Conditions, YOU are bound by the entirety of these Terms and Conditions. YOU are also bound by the SquareAuction Rules and Regulations, SquareAuction Privacy Policy, SquareAuction Membership Program terms and by the SquareAuction Refer-a-Friend Program terms that are incorporated as Attachments into these Terms and Conditions. |
| Acting in inconstant business environment, the Company will change Privacy Policy, Rules and Regulations and Terms & Conditions whenever it's required. |
| The Company may e-mail, text or in other ways provide periodic reminders of changes to our policies but YOU should check our Web site frequently to see recent changes. Company has the right to revise these Terms and Conditions or its Attachments at any time without providing notice to its users. Your continued use of this Site, the Services and/or your Account shall be deemed irrevocable acceptance of those revisions. |
| The Company reserves the right to change, modify, suspend or discontinue any portion of this Site or any Contest at any time. Company may also impose limits on certain features or restrict Your access to parts or the entire Site in its sole discretion and without notice or liability. |
| Once an offer for a bid has been placed, the Company may hold all bid stakes. YOU may not be able to withdraw any sums of money that are committed to placed bids and all placed bids are irrevocable. |
| If the Company processes a placed bid outside the applicable limits, such a bid still stands and will be subject to the Terms and Conditions. |
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| ARTICLE 3. YOUR REPRESENTATION |
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| YOU are 18 years of age or older. |
| YOU are legally permitted to participate in an online auction from the jurisdiction YOU are in at the time the bid was placed. |
| It is legal in YOUR jurisdiction YOU are in, to use this service. |
| It is YOUR responsibility to ensure it is legal for YOU to use this service in any jurisdiction YOU are in. |
| YOU can enter into a legally binding agreement with the Company. |
| If YOU send money to the Company via a debit card or credit card, YOU are the authorized user of the card. |
| At any time in the past, YOU have never failed to pay, or attempted to fail to pay a liability on a bid placed by either a credit card or a debit card or other means of payments. |
| YOU have not and never have been an undischarged bankrupt or in a voluntary arrangement with YOUR creditors. |
| YOU are acting as principle and not on behalf of another party. |
| By placing bids with the company, YOU understand YOU will lose the Administration Fee regardless of the outcome of the auction. |
| By placing bids with the company, YOU understand that if YOU win any product YOU must make YOURself available for marketing purpose with the press or company marketing team in YOUR area or at a national venue. If YOU are asked to attend an international or national event all YOUR travel costs will be born by the company. |
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| ARTICLE 4. REGISTRATION |
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| The Company reserves the right, at its sole discretion, to refuse to accept a registration from any applicant, and the Company is not obliged to give a reason for doing so. |
| Before using the service, YOU must complete the registration form and agree to these Terms and Conditions. The registration form will include many details including name, age, gender, address, phone number and email address. |
| You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form (the " User Login/Registration"). |
| YOUR squareauction.com user account must be registered separately. YOU will not loan your user name and password to others. YOU agree to keep both YOUR username and password confidential as YOU are responsible for any misuse of your account credentials. |
| Only one (1) user account per individual is permitted. Multiple user accounts held by a single individual will be deemed void and ineligible to win any auctions on the website. Any duplicate accounts are subject to cancellation, and all accumulated squares, promocodes, premium bids or rewards will be forfeited. |
| YOU agree to maintain and promptly update the registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). |
| YOU will keep both registration and personal details up to date. |
| If YOU decide to transfer funds to the Company via a credit or a debit card, YOU must give the Company all relevant information such as billing address, exact name on card, card number and expiration date. This information is securely encrypted and verified, but not stored on the Company's servers. |
| In order to ensure YOUR credit worthiness and to confirm YOUR identity, we reserve the right to use third party information providers. |
| When registration is complete, the Company will confirm YOUR registration by emailing YOU to the email address YOU supplied when YOU registered. |
| YOU agree that YOU are aware that Administration Fee is non-refundable. If YOU are in any doubt about how to place bids using the website, YOU should refer to the "Help Center Section" of our website. |
| YOU accept that any amounts lost by YOU while using our website are not recoverable, under any circumstance, from either the Company or other Company's limited customers. |
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| ARTICLE 5. PRIVACY |
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| The Company's privacy policy is set forth in Attachment 2 SquareAuction Privacy Policy and can be seen in it's entirety on the www.squareauction.com website. |
| Any information provided to the Company by YOU will be kept strictly confidential in accordance with the Company's Privacy Policy and will only be disclosed in accordance with the Data Protection Acts 1984 and 1998. |
| The Company will not reveal the identity of any person who places bids using the Company's website to any third party unless the information is requested by applicable government, regulatory or enforcement agencies. |
| Once a Company's auction has closed, Company will be permitted, for promotional and advertising purposes, to publicize the name, surname and location of the Selected Bidder, their bid amount and the product/service that was applicable to that bid. |
| In addition, Company may, at its discretion but is not obliged to, make each individual bid amount publicly available after the close of an auction. |
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| ARTICLE 6. ACCOUNT MANAGEMENT AND VISIBILITY |
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| The Company accepts payments in any currency stated at the company's web site. |
| The Company does not give credit for use of the service. |
| The Company may, at its sole discretion, close or suspend an account and refund any monies held. The Company has no obligation to reveal any reason for doing so and does not need to give prior notice. |
| To place a bid on the company's website, YOU must have sufficient amount of Squares to cover the Administration Fee of the offer. If YOU do not have enough Squares to cover the fee, the offer will not get placed into the Auction. If, for any reason, an offer is placed or accepted into the Auction when there are not enough funds in YOUR account to cover the Administration Fee, YOU will still be fully liable for any future liability accrued. |
| If the Company chooses to close or suspend YOUR account, the Company, at its sole discretion, reserves the right to cancel any of YOUR bids. YOU will be refunded for all cancelled bids of active auctions and for any active Squares on YOUR account. |
| When administering YOUR account, the Company will calculate the amount of Squares owed by YOU to the Company, by way of Administration Fees. |
| The Company's calculations of YOUR "Account Balance", "Available Squares Balance", "Reserved Squares Balance", "Available Premium Bids Balance" and "Reserved Premium Bids Balance" are final and, in the absence of any manifest error, will not be subject to any enquiry or investigation. |
| Once YOU have placed a bid, YOU will not be able to cancel such bid. The Administration Fee per bid will be deducted from YOUR "Available Squares Balance" as YOU place YOUR bids. |
| Any Squares amount that has been mistakenly credited to YOUR account remains the property of the Company and when such mistake has been noticed by the Company, the amount will be withdrawn from YOUR account. If the mistake is discovered by the Company, we will notify YOU of the mistake. |
| If, for any reason, YOUR account goes overdrawn, YOU agree that YOU are in debt to the Company for the amount of the overdrawn. YOU consent to authorize the Company to deposit further funds into YOUR account. The Company will attempt to notify before such action takes place. |
| YOU will be able to monitor all YOUR bids and other actions using the "My Account" section of www.squareauction.com website. |
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| ARTICLE 7. PAYMENTS |
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| YOU may deposit any Squares amount into YOUR account, join any membership program or buy a won item using YOUR credit card. |
| The Company accepts credit card payments by Visa, MasterCard and other credit cards that will be stated on the company website. |
| There may be a third party charge for payment by credit card. YOU agree that the Company may change its charges from time to time and the company will notify YOU of such change by posting a notice on the Company's website. |
| YOU are responsible for YOUR own bank charges that YOU may incur due to depositing funds with the Company. |
| If YOU pay by either a credit card or a debit card, YOUR account will only be credited if the Company receives an approval and authorization code. If no such authorization is given by YOUR card's issuer, YOUR account will not be credited with those funds. |
| YOUR Squares are deposited into a separate, segregated stakeholders account. |
| YOU will not earn any interest on any outstanding account balances. Any interest will accrue to the Company. |
| While Company shall endeavor to exercise due care in handling credit/debit card information, including the use of Secure Sockets Layer (SSL) for the transmission of sensitive information over the Internet and industry standard encryption for the storage of sensitive information as well as password/firewall access controls to this information, Company will not be liable for any compromise or misuse of this information. |
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| ARTICLE 8. REFUND AND CHARGE-BACK POLICY |
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| Any available Squares balance can be used towards other auctions only. Company will not issue refunds for unused Squares that YOU have purchased, but reserve the rights to act otherwise at exceptional cases only. |
| Company will issue refunds (in case will decide so) by either check or Direct Bank Transfer. Refunds by debit card or credit card are not allowed. |
| The refund will be processed within 30 days of user's request. |
| There is no charge for refunds via check. There is a small charge for refunds by Direct Bank Transfers to reflect our own charges imposed by our bank. YOU agree that the Company may change its refund charges at any time and at its sole discretion. All currency conversion rates are charged from YOU. |
| The refund process must be started by contacting Company's representative by an email or a phone number are stated at the Company's web site. |
| If YOU use a credit card to purchase Squares or Membership program and then start a charge-back process regarding this purchase, Company will immediately terminate YOUR account AND YOUR account and the credit card number YOU provided will be blacklisted in our systems. YOU can never again use that account and credit card with the Company. |
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| ARTICLE 9. AUCTION PRODUCTS |
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| The subject product of each auction is usually a fraction of its "retail price". The Company makes no warranty that the "retail price" of the product will necessarily be the MSRP of the product. |
| This Web Site is not affiliated with any of the listed merchants on this Web Site. The merchants listed anywhere on this Web Site do not endorse or sponsor the Company auctions or any activities associated with it, unless expressly noted. These merchants are not liable for any claims, alleged or actual, related to this offer. The merchant names, designs, and related marks are registered trademarks of their respective owners. |
| Company does not warranty the quality or functionality of an auction product in anyway and YOU understand that YOU may make no claim against Company for any problems with an auction product. YOU understand that in such a case, YOUR claim is against the manufacturer of the product. Company may assist YOU with such issues, but Company is under no obligation to do so. |
| It should be understood that SquareAuction is not the supplier of the products/services, and that the products/services may be supplied to Winner directly from the suppliers and/or the producers and/or the importers and/or the service providers, subject to the conditions stated in this Agreement. |
| SquareAuction makes every effort to make the descriptions of Auction products as accurate as possible. However, Auction products offered for sale may differ from those described on SquareAuction to later production changes in specification, components or place of manufacture. The information on SquareAuction may contain inaccuracies or typographical errors. Consequently any such information is not to be treated as representations as to the current availability of the products or services actually offered for action. Furthermore SquareAuction reserves the right to replace the items displayed with products of similar value in the event of unforeseen problems with product availability, timings, dates or distribution. |
| YOU understand that an auction can take place over a long period of time. While Company will make reasonable attempts to insure that an auction product will be available at the time of auction close, YOU understand and agree that Company has no control over whether the manufacturer or distributor of an auction product may discontinue the auction product; thereby making the auction product unavailable at auction close. In such as case, YOU understand and agree that Company, at its option, may cancel the auction (see Auction Cancellation section below), offer the winner a comparable product of equal or greater value or offer the winner of the auction a cash voucher with the manufacturer or distributor that is comparable in value to the original auction product. |
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| ARTICLE 10. MEMBERSHIP |
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| Every Registered User can become a Paid Member at any time and for any period by registering to the one of SquareAuction™ membership programs. |
| Paid Member has an option to renew, upgrade or downgrade his membership program at any time before and after current membership period expiration. By purchasing new program user invalidates the previous one regardless the period left and receives all benefits stated at the purchased program description instantly. |
| The Company may, at its sole discretion, terminate or suspend any membership of any Registered User. The Company has no obligation to reveal any reason for doing so and does not need to give prior notice. |
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| Click here to visit the "SquareAuction Membership Program" |
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| ARTICLE 11. AUCTION PARTICIPATION |
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| Every Registered User or Paid Member can participate at any time in the one of SquareAuction auction. In return for this service, the Company charges an Administration & Handling Fee per bid placement or any other action. |
| The Company may, at its sole discretion, close or suspend any auction. The Company has no obligation to reveal any reason for doing so and does not need to give prior notice. |
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| Click here to visit the "SquareAuction Rules and Regulations" |
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| ARTICLE 12. WINNINGS |
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| Following auction closing, all winnings will be held by the company or its authorized partners and will be serviced within 1 week upon auction results and payment of the winning amount by the winner are confirmed, or, in case of international shipment, after confirmation of shipping details. |
| User may use unlimited number of promocodes received (see ATTACHMENT I for further detais) for each particular auction but, must place at least one paid bid in order to become a qualified winner of the auction. Paid bid is either an administration fee (squares) or a premium bid. |
| Company reserves the right to cancel any bid proposals including the winning bid without offering a refund of the applicable Administration and Handling Fees under any one or more of the following circumstances: |
- The Bidder provides false information when placing a bid or third party contact details to operate an account;
- A suspected fraudulent credit card is used to pay the relevant Administration and Handling Fee(s);
- The bank reverses the credit card transaction for the Administration and Handling Fee payment;
- A Bidder is suspected of forming a syndicate or colluding with other Bidders attempting to circumvent the restriction on the maximum number of bids that is permitted per individual Bidder where indicated;
- Bidder is using third party information to place bids;
- For any other reason.
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| ARTICLE 13. SHIPMENT POLICY AND TAXATION |
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| The Company covers the costs of any delivery charges for all auctioned products within United States and Canada except when it stated otherwise at the auction description. |
| The international shipment is available and should be coordinated through our support team. All expenses related to the international shipping and taxation (for personal importation and etc) will be paid by user. It is his (user) sole responsibility to pay all relevant taxes according to destination county laws. |
| The shipment company (UPS, FedEx, DHL and etc.) will be chosen by Company. |
| The shipping will be done within 1 week after auction results confirmation and payment of the winning amount by the winner or after shipment details confirmation in a case of the international shipment. |
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| ARTICLE 14. OFFER OF BID(S) |
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| Only a Registered User or a Paid Member can place a bid. |
| Any offer of a bid placed by YOU into the auction is in reference to a particular auction and will contain YOUR bid amount(s) plus the administration fee per bid. |
| YOU agree to appoint the Company as YOUR agent in accepting bids. |
| YOU understand that YOU will be bidding against other customers of the Company anonymously and not against the Company itself. |
| YOU may offer bids on any auction as long as YOU have the sufficient funds to cover the administration fee(s). |
| YOU agree that YOUR bid is only valid if it's made in accordance with the Company's Terms and Conditions. |
| The Company, at its sole discretion, may refuse to post a bid into the auction without giving a reason for doing so and without prior notice. |
| The Company, at its sole discretion, may cancel a bid by YOU without giving a reason for doing so and without prior notice. |
| It is the customer's sole responsibility for the bids they place into the system and the Company will not investigate the rationale of placing any bid at a certain price. |
| Once YOUR bid is placed, YOU cannot change the terms of the offer. |
| The Company, at its sole discretion, will determine when our website is open for posting of bids on any particular event. |
| The Company, at its sole discretion, will determine when our website is open for the accepting of bids on any particular event. |
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| ARTICLE 15. CANCELLATION OF BID OFFER |
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| Once a bid is placed, it cannot be cancelled or modified by the User, under any circumstances. |
| Company reserves the right to cancel any bid proposals and offer a refund of the applicable Administration and Handling Fees under any one or more of the following circumstances: |
- A bid is placed or payment for the Administration and Handling Fee is received after the close of an auction.
- The Minimum Number of Bids in order to close the auction has not been reached (whether the End Date of the auction has arrived or not) – auction cancelled.
- A Bidder has placed more than the maximum number of bids that is permitted per individual Bidder (where indicated).
- For any other reason.
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| ARTICLE 16. CANCELLATION OF AUCTIONS |
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| If any auction does not close for whatever reason, Company may cancel the auction. If Company does cancel the auction, the following will happen: |
| All Squares or Premium Bids used for that auction will be returned to each respective bidder's Available Squares or Available Premium Bids accounts. |
| Company will list the auction as "canceled" on our website for a period of 15 days from date of cancellation. |
| Company will make every attempt to notify all bidders for that auction by email that the auction as been canceled. Company will use the email address as listed at that time in each bidder's account profile. YOU understand that due to issues such as, including, but not limited to, Internet outages, virus attacks, problems with YOUR Internet provider, and providing an incorrect email address in YOUR account profile, Company is in no way liable should YOU fail to receive such an email. |
| When an auction closes without reaching the reserve number of bids, all unsuccessful bids are automatically cancelled and all bid fees are automatically refunded. |
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| ARTICLE 17. COMMUNICATIONS AND NOTICES |
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| Communications and notices to be given under this agreement (other than information exchanges that occur during the regular operation of the website) should be sent to the Company using the contact details found in the "Contact Us" section of www.squareauction.com website. |
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| ARTICLE 18. INDEMNITY |
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| YOU agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any liabilities, claims, losses or demands made by any third party arising out of YOUR breach of this agreement including any document incorporated by reference into this agreement or out of YOUR violation of any law or the rights of any third party. |
| YOU acknowledge that the Company will hold information with respect to YOUR identity, including but not limited to YOUR name, address and payment details. YOU agree that we rely on this information in entering into this agreement with YOU and YOU agree to hold us harmless against any inaccuracy or falsehood contained in the information YOU provide us. |
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| ARTICLE 19. MATTERS BEYOND OUR CONTROL |
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| The Company is not liable for any loss or damage that YOU may suffer because of any: act of God; trade or labor dispute; power cut; act, failure or omission of any government or authority; obstruction or failure of telecommunication services; or any other delay or failure caused by a third party. In such an event, the Company reserves the right to cancel or suspend its services without incurring any liability. |
| The Company are not liable for the failure of any equipment or software, wherever located or administered, or whether under our direct control or not, that may disrupt or hinder the operation of our auction services, impede the placing of orders for bids or the matching of bids or prevent YOU from being able to contact us. |
| The Company will not be liable for the acceptance or settlement of any offers of bids where SquareAuction limited do not obtain communication of that acceptance or where the bid is not able to be displayed properly on the website or the Company is not in receipt of an instruction from YOU to cancel an offer for a bid. |
| The Company will not be liable for any failed performance of any third party to our agreement. The Company reserves the right to cancel and declare null and void any bids that we may not be capable to settle because of non-performance of a third party. |
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| ARTICLE 20. LIMITATION OF LIABILITY |
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| The Company excludes all representations and warranties as to the Company's services and our website's appropriateness for its intended purpose. |
| The Company will not be liable to YOU for any loss YOU may incur as a result of misuse of YOUR password and we accept no liability resulting from its unauthorized use, whether fraudulent or otherwise. |
| In no event shall Company, or it's suppliers, accept any liability from whatever cause for any losses YOU may incur as a result of placing bids or any other use of our website, this agreement or our services. |
| Under no circumstances shall Company's liability under these Terms and Conditions or for breach of contract, tort or otherwise exceed YOUR administration fee. Under no circumstances will we be liable for any indirect, special or consequential damages loss of profits or the benefit of any bid arising from breach of contract, negligence or other liability even if we had been advised or had known (or should have known) of the possibility of such damages or loss. |
| Nothing in these Terms and Conditions excludes Company's liability with respect to personal injury and death resulting from our negligence, or that of our employees, agents or subcontractors. |
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| ARTICLE 21. INTELLECTUAL PROPERTY |
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| SquareAuction and the SquareAuction logo are register trademarks of the Company and the Company is sole owner of SquareAuction and the SquareAuction logo. Any unauthorized use of SquareAuction and the SquareAuction logo may result in prosecution. |
| www.squareauction.com is a uniform resource locator (URL) of our Company and no unauthorized use of the URL is permitted on another website or digital platform without prior written consent from the Company. |
| The Company is the sole owner of the rights to our technology, software and business systems. |
| YOU understand that YOUR registration and the use of Company's system grants no rights whatsoever to the intellectual property contained in Company's system. YOU agree not to use any automatic or manual device to monitor or copy or web pages or content their in. Any unauthorized use or reproduction may result in prosecution. |
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| ARTICLE 22. SQUAREAUCTION IS ONLY A VENUE |
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| Although we are commonly referred to as an online auction web site, it is important to realize that we are not a traditional "auctioneer". Instead, our site acts as a venue to allow these particular services as set forth in this site from anywhere, in a variety of formats, including a fixed price format and an auction-style format commonly referred to as an "online auction." All users should have the ability to provide or obtain such services in said resident state or country. |
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| ARTICLE 23. (Not in Use) |
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| ARTICLE 24. LICENSE |
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| Solely to enable SquareAuction to use the information YOU supply us with, so that we are not violating any rights YOU might have in that information, YOU agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) YOU have in YOUR Information, in any media now known or not currently known, with respect to YOUR Information. SquareAuction will only use YOUR Information in accordance with our Privacy Policy which is incorporated herein by reference. YOU also agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all intellectual property rights including, without limitation, the copyright, trademark, publicity, and database rights to any content whatsoever YOU provide to the site including, without limitation, all images, photographs, names, stage names, trademarks and all other property rights. |
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| ARTICLE 25. COPPA COMPLIANCE |
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| Users of this Site should monitor children's use of the Internet. SquareAuction is intended for people 18 or over. We have also made an effort to specifically limit SquareAuction's appeal to people of age 18 and older. SquareAauction will not knowingly collect any information from children under 18. YOU must identify YOUR age during the registration process. SquareAauction takes the Children's Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously. We are also strong supporters and maintain strict compliance with the Rules and Regulations set forth thereunder. That being said, we do not assume any responsibility for any misrepresentations regarding YOUR age or parental consent when using this Site. Should we determine that YOU provide any false information to us when using this Site, YOUR membership will be terminated immediately. SquareAuction expressly disclaims any liability whatsoever that may result from any unauthorized use of any user's account or information obtained as a result of using this Site. YOU do hereby understand and agree to hold SquareAuction harmless for any unauthorized use of any user's account or personal information. |
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| ARTICLE 26. LINKS AND ACCOUNT INFORMATION |
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| All users do hereby agree to be the sole, authorized user of their account. Should any user of this Site authorize any third party to use their account, user does hereby agree to supervise all usage thereof. SquareAuction has no control over the use of any user's account and expressly disclaims any liability derived therefrom. Should any user suspect that any unauthorized party may be using their account, user does hereby agree to contact SquareAuction immediately. Links from SquareAuction to other Sites on the Web do not constitute the endorsement of SquareAuction. These links are provided as an information service only. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other Sites. Such hyperlinks are provided for reference and convenience only. SquareAuction does not control such web Sites, and is not responsible for their content. Just because SquareAuction has hyperlinks to such web Sites does not mean SquareAuction endorses any of the material on such web Sites, or has any association whatsoever with their operators. Users further acknowledge that use of any Web Site controlled, owned or operated by third parties is governed by the terms and conditions of use for those Web Sites, and not by SquareAuction's Privacy Policy. Our Privacy Policy is incorporated herein by reference. Links to external Web Sites (including external Web Sites that are framed by SquareAuction) or inclusions of advertisements do not constitute an endorsement by SquareAuction of such Sites or the content, products, advertising or other materials presented on such Sites, but are for User's convenience. Users access them at their own risk. SquareAuction expressly disclaims any liability for any damages whatsoever incurred by any user in connection with the use of any web Sites, the access to which was found through this Site. SquareAuction expressly disclaims any liability derived from the use and/or viewing of any links that may appear on this Site. All users do hereby agree to hold SquareAuction harmless from any liability that may result from the use of links that may appear on the Site. |
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| ARTICLE 27. COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT |
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| SquareAuction respects the intellectual property of others, and asks Users to do the same. SquareAuction is in compliance with the Digital Millennium Copyright Act. In order to protect intellectual property from misuse, we ask Users to help us. If Users believe, in good faith, that any materials on the Site infringe upon Users' copyrights, please provide SquareAuction's Copyright Agent with the following information:
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| 1. An electronic or physical signature of the owner of the copyright or of the person authorized to act on behalf of the owner of the copyright interest
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| 2. A description of the copyrighted work that YOU claim has been infringed, including the URL (Internet address) or other specific location on the Site where the material that YOU claim is infringing is located. Include enough information to allow Squareauction to locate the material and explain why YOU believe an infringement has taken place;
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| 3. A description of the location where the original or an authorized copy of the copyrighted work exists -- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
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| 4. YOUR address, telephone number and email address;
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| 5. A statement by YOU that YOU have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
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| 6. A statement by YOU, made under penalty of perjury, that the information in YOUR Notice is accurate, and that YOU are the copyright owner or authorized to act on the copyright owner's behalf.
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| SquareAuction's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
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| By mail:
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General Counsel and Copyright Agent
c/o SquareAuction
Jerrold G. Neeff
The Bostonian Law Group
33 Kingston St., Fourth Fl.
Boston, MA 02111 |
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| ARTICLE 28. DISCLAIMER |
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| User expressly agrees that the use of the site is at user's sole risk. Neither SquareAuction nor its affiliates or licensors warrant that the site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the site, or as to the accuracy, reliability or content of any information, service or merchandise provided through the site. The site is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose. Neither SquareAuction nor its licensors warrant or guarantee the timeliness, sequence, accuracy or completeness of the information appearing on the site. Additionally, there are no warranties as to the results of YOUR use of the information. SquareAuction and affiliates do not warrant that the site is free of viruses, worms, trojan horses or other harmful components. SquareAuction and affiliates take reasonable measures to ensure that information provided by users is disclosed only to those specified by users. SquareAuction cannot and does not, however, guarantee that the personal information entered by users will not be misappropriated, intercepted, deleted, destroyed or used by others. Users agree not to hold SquareAuction, principals, agents, contractors employees and affiliates liable for any loss or damage of any sort incurred as a result of any such misappropriation, interception, deletion, destruction or use of information provided through the site. SquareAuction and affiliates are not and shall not be liable for any claim, injury or damage arising from the use or inability to use the site. Should any interruption occur with the site, whether within the control of SquareAuction or not, SquareAuction expressly declaims any liability whatsoever for any damages, incidental or consequential that may result to any party including any user (whether a paying member/user or not) of the site. |
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| Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to YOU. This warranty gives YOU specific legal rights and YOU may also have other legal rights that vary from state to state. |
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| ARTICLE 29. ASSIGNMENT |
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| YOU may not assign any part of this agreement. |
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| ARTICLE 30. SEVERABILITY |
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| In the event that any provision of these Terms and Conditions is deemed by any competent authority to be unenforceable or invalid, the relevant provision shall be modified to allow it to be enforced in line with the intention of the original text to the fullest extent permitted by applicable law. The validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected. |
| If the circumstance arises that any stipulation of these Terms and Conditions is deemed by any competent authority to be unenforceable or invalid, the stipulation shall be modified to permit it to be enforced in keeping with the original text's intended meaning to the fullest extent permitted by applicable law. The agreement's remaining stipulations validity and enforceability shall not be affected. |
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| ARTICLE 31. BREACH OF THIS AGREEMENT |
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| Without limiting our other remedies, we may suspend or terminate YOUR account and refuse to continue to provide YOU with our services, in either case without giving YOU prior notice, if YOU breach any terms of this agreement or we believe that YOUR actions may result in legal liability for YOU, for the Company or for third parties. |
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| ARTICLE 32. DISPUTE RESOLUTION |
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| In the event of a dispute arising between YOU and Company concerning provided services, the Company's Customer Service Department will attempt to reach an agreed solution. |
| In the event Company's Customer Service Department is not able to reach an agreement with YOU, the Company's senior management and/or Board of Directors may get involved to attempt to resolve the dispute as soon as possible. |
| If we cannot amicably resolve any legal dispute or damage claim that should arise from YOUR interactions with this website and/or Company, YOU agree to resolve any such dispute or damage claim by arbitration. The arbitration proceeding shall be conducted in Boston, MA, in accordance with the rules of the American Arbitration Association then in effect with one (1) arbitrator to be selected by mutual agreement of both YOU and the Company. |
| If we cannot agree on an arbitrator, then the American Arbitration Association shall select an arbitrator from the National Panel of Arbitrators. The laws of the Massachusetts shall apply to the arbitration proceedings. YOU agree that the arbitrator cannot award punitive damages to either of us and agree to be bound by the arbitrator's findings. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. |
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| ARTICLE 33. CHOICE OF LAW |
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| YOU agree that the laws of Massachusetts are to be used with regards to any interactions with this website or Company. |
