Effective Date: August 13, 2013
1. General / Scope
The following Terms of Service/Terms and Conditions shall apply to the relationship between www.ZBiddy.com ("ZBIDDY"), all parent companies and subsidiaries of ZBIDDY and the end user ("user" or "you"). Participation constitutes user's full and unconditional agreement to be bound by these Terms and Conditions and ZBIDDY's decisions, which are final and binding in all matters related to the operation of this site and each individual auction. Participation in and winning an auction is contingent upon fulfilling all requirements set forth herein. ZBIDDY reserves the right to change these Terms and Conditions at any time without notice to you. You should review these Terms andConditions for changes each time you visit ZBIDDY.
ZBIDDY provides website features, e-commerce and auction services to you subject to the following conditions. Please read them carefully. The following Terms and Conditions shall apply exclusively to the business relationship between ZBIDDY and our users in the version applicable on the date of use. ZBIDDY does not recognize any terms and conditions set by the user that differ from these unless ZBIDDY has agreed to their validity in writing.
Any special promotions presented by or on behalf of ZBIDDY shall only be valid if they are announced on ZBIDDY's website by newsletter, official ZBIDDY email, radio, and or television. Any promotions of a limited duration shall likewise be announced on the website, newsletter, official ZBIDDY email, radio, and or television. Upon expiration of the time limit stated, or after the auction(s) that are part of the particular promotion has/have ended, the promotion is ended.
Commentary and other materials posted on the ZBIDDY website are not intended to amount to advice on which reliance should be placed. ZBIDDY disclaims to the fullest extent permitted by law all liability and responsibility arising from any reliance placed on such materials by any visitors to the ZBIDDY website or by anyone who may be informed of any of its contents. You agree that all agreements, notices, disclosures and other communications that ZBIDDY provides to you electronically satisfy any legal requirement that such communications be made in writing.
2. Eligibility to Participate
By signing up for an account or by placing an order through the ZBIDDY site the user warrants and affirms that the user is legal resident of the United States, is legally capable of entering into binding contracts and is at least 18 years old. ZBIDDY or any of its respective affiliates, subsidiaries, advertising agencies, participating or any other company involved with the design, production, execution or distribution of the ZBIDDY's products or services and their immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible to participate in ZBIDDY's auctions. If ZBIDDY receives information that user is in breach of these Terms and Conditions as evaluated in ZBIDDY's sole discretion, the user's account may be frozen or permanently closed without prior notice. If you choose to create an account on ZBIDDY, you are responsible for maintaining the confidentiality of your account and password and for further restricting access to your computer and/or any computers storing such information, and you agree to accept responsibility for all activities that occur under your account and/or password. User accounts created during registration are non-transferable.
ZBIDDY product and services are offered exclusively to private users and not to entities engaged in any form of commerce. You affirm that you are not part of or representative of such prohibited entities.
Multiple participants are not permitted to share the same email address or user accounts. Any attempt by any participant to obtain more than one user account by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that user's bids and that user will be disqualified. ZBIDDY limits the number of user accounts per natural person and/or per household to one. Use of any non-authorized automated system to participate is prohibited and will result in disqualification. Users who are not eligible are subject to immediate closure of all their account without warning and without refund of any bid credits or auctions won.
During the registration process you must choose a username. The username must not be offensive, selected to deceive other users, may not convey the appearance of affiliation with ZBIDDY, may not offend common decency or infringe upon the rights of third parties. ZBIDDY reserves the right to amend any username without prior notice if it is reasonably believed to be in contravention of these aforementioned Terms and Conditions. Usernames may NOT contain ZBIDDY, ZBID, BIDDY, ADMIN, ADMINISTRATION, END, ENDED, CLOSE, CLOSED, FINISH, FINISHED and or anything that implies the users is connected to and or works for ZBIDDY.COM or anything that implies that an auction is closing or closed. Any violation of these rules will result in immediate cancelation of the users account with no refund or compensation for lost bids and or auctions.
ZBIDDY reserves the right to suspend or permanently disqualify any user, at its sole discretion. Users will be suspended or disqualified when in the reasonable opinion of ZBIDDY the user has violated any laws or these Terms and Conditions or the rights of third parties. Users may also be suspended or disqualified to protect the rights of other users and/or to prevent manipulation or fraudulent use of ZBIDDY in particular if bids are not paid, unauthorized bidding software is used, or several user accounts are set up by the same user. ZBIDDY reserves the right in its absolute discretion to not accept users or to disqualify users from using all ZBIDDY services.
Furthermore, ZBIDDY shall have the right in its sole discretion and at anytime limit the number of auctions that any single user can win and ZBIDDY reserves the right to limit the number of auctions you may participate in at its sole discretion. Each registered user must provide a unique credit card in the user's name. A single credit card may not be used in conjunction with multiple user accounts. PARTICIPATION IS VOID BY USERS WHO RESIDE OUTSIDE OF THE UNITED STATES. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
3. Bid Purchasing for Online Bidding / Payment
Bid credits, referred to as "bids", are sold in the form of multiple-use packages referred to as Bid Packages. Such Bid Packages must be purchased and paid for prior to use in a ZBIDDY auction. Promotional bids may be offered by ZBIDDY from time to time in ZBIDDY's sole discretion and are free to the user.
1) Purchased Bids : This is the most common type of bid found on the site. This bid type is applied to bids purchased in the form of a bid pack. There are no restrictions on purchased bids as they can be used on any auction available on ZBIDDY.COM. Purchased bids expire 72 hours after purchase. Each Purchased Bid has a value of $0.60.
2) Free Bids: Free Bids are sold as auctions and given when you refer a friend. Free bids expire 72 hours after they post to your account.
3) Promo Bids: Promo bids work exactly like Regular Purchase Bids and are offered at a promotional level. Promo Bids have a value of $0.00. Additionally these bids expire after a specific, pre-defined period of time according to the terms and conditions stated on our website and will always be applied subsequent to any Purchased Bids.
4) Purchased Bids will always be applied first towards the auction, followed by Free Bids and then Promo Bids.
Upon winning an auction in accordance with these Terms and Conditions, the user will be offered the opportunity to purchase the item at the ending auction price. Upon participating in but not winning certain selected auctions, the user may be offered the opportunity to purchase the item at the listed retail price, minus the original pro-rated price of bids used by the user in the auction. Such purchases must be paid for in full upon placement of the order and must be purchased within timeframe stated on the ZBIDDY website. Payments can be made via major credit/debit cards and other approved methods offered by ZBIDDY from time to time.
All payments for bid packages are non-refundable except for any bid amounts remaining unused on the 1st bid package purchased by a user which qualifies for the ZBIDDY GUARANTY as stated on the ZBIDDY website. The refund will be available for 7 days from the date the user purchased its 1st bid package, provided that the user requests such refund from ZBIDDY within such 7 day period.
In the event of non-payment for whatever reason or cause, ZBIDDY reserves the right to withhold all of the user's pending orders and unused bids or block access to the user account until the resolution of any debt owed, in addition to charging a returned payment fee of $35 for each returned payment. Once a bid is placed the corresponding credits will be deducted from the users account.
User acknowledges and agrees that ZBIDDY is a global company, and as a global company, may have banking relationships in countries outside of the United States. ZBIDDY depending on several business factors may decide to process your transactions/payments with one of its banks located outside of the United States which may result in transaction fees or other fees which the user shall be subject to and responsible to pay.
4. Bidding / EZ-Buddy
Unused balances of purchased bids will automatically expire 60 days after the original purchase date. Free or promotional bids may expire at any time in the sole discretion of ZBIDDY and/or as stated in the promotion if applicable. Except as explicitly stated elsewhere, used bids may not be refunded at any time.
For online bidding, an individual bid can be submitted by clicking, or "EZ-Buddy" can be used. Once a bid is submitted it is deducted from the user's account accordingly.
EZ-Buddy assists bidders in being able to bid in an auction even if they are not online at that time. Only registered users can submit bids automatically with EZ-Buddy. EZ-Buddy automatically submits bids according to the specifications set in advance by the user. The user can read about precisely how EZ-Buddy operates on the ZBIDDY website.
Unless explicitly authorized by ZBIDDY, no third party or custom software may be used to submit bids. Doing so will result in immediate disqualification from use of ZBIDDY and the closure of the user's account. Bids have no cash value. Unused or expired bids will not be replaced and the purchase price will not be refunded.
5. How the Auctions Work
With each bid submitted the price of the item on which the user is bidding increases by a price determined by ZBIDDY which price increases may vary by the specific auction. A bid submitted by the user constitutes an offer from that user to ZBIDDY 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 clause number 6 and will be the user who has submitted the highest bid (auction price) as the last bidder.
Each new bid starts off a new "remaining time" for the auction. The remaining time for each of the auctions is shown on the screen. The auction ends when no more bids are submitted within the remaining time stated. 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 ZBIDDY's database and ZBIDDY's decision regarding who is the last bidder shall be final. Every auction is unique and the results of all auctions offered on ZBIDDY depend on the number of users participating in such auctions and the skill of the users participating in the auctions. If a user is dissatisfied with any portion of ZBIDDY, the user should discontinue his or her use of ZBIDDY.
6. Notification of the Win / Acceptance of the Win / Payment
Items won in an auction or items otherwise offered for purchase must be purchased within a reasonable span of time following an auction, as defined by ZBIDDY in its sole discretion. The deadline for "checking out" or purchasing such items will be prominently displayed on the ZBIDDY website following the completion of an auction. Checkout deadlines will never be sooner than three days from the ending date of the auction.
After the auction has ended, the last bidder ("winner") will see a "congratulations page" displayed with all of the important information such as the total price, the payment details, etc. The winning status is not final until the user has complied with all aspects of the Terms and Conditions. ALL POTENTIAL WINNING BIDS ARE SUBJECT TO VERIFICATION BY ZBIDDY, WHOSE DECISIONS ARE FINAL AND BINDING. A USER IS NOT A WINNER OF ANY AUCTION EVEN IF THE AUCTION SHOULD SO INDICATE UNLESS AND UNTIL USER'S ELIGIBILITY HAS BEEN VERIFIED AND THE USER HAS PURCHASED THE PRODUCT IN THE TIME FRAME ALLOTED. ZBIDDY WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS.
The user must actively confirm the win by following the steps indicated on that page or elsewhere on the website. As soon as the winner has clicked on "Confirm" on the "congratulations page", the win is accepted. In the event that the winner has not confirmed the auction he or she won within the timeframe indicated ZBIDDY shall be entitled to deem that the winner has revoked the contract, ZBIDDY can withdraw from the contract. The winner's right to delivery of the item will then be permanently revoked. There is likewise no entitlement to replacement of the bid used.
The winner will also receive a notification of the win by e-mail with a request for payment. The item will not be not sent to the user until the total price has been paid by the user to ZBIDDY. A similar requirement for delivery is that all bids purchased and used by the user have been properly paid for or used in conformity with an applicable promotional offer. Should bids that have already been purchased and used not have been paid for, 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 for in full.
The item will be sent to a non post-office box address located in the United States within 5-7 business days to the address stated on your account after payment and compliance with these Terms and Conditions. Please note that not all items may be available in every state and ZBIDDY reserves the right to send a comparable replacement item or elect not to send an item based on the winner's location (in which case ZBIDDY will send the cash equivalent of the item).
7. Cancellation / Rescission
ZBIDDY grants to the user ordering 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, electronic devices, and/or any other product sold on ZBIDDY if and to the extent that the seal on the delivered item and/or media has been broken by the consumer but this does not affect the consumer's other rights.
Contracts with parties who are not consumers are treated by ZBIDDY as international supply agreements and, therefore such parties do not have rights to cancel concluded contracts (unless agreed to in writing by ZBIDDY or required by law).
Right to cancel: You may cancel your contract within 14 days in written form (e.g. letter, e-mail) or by returning the items so long that they were not removed from the box and/or packaging and the original box and/or packaging remains sealed and has no damage, without stating your reasons. The right to cancel does not apply in the event the packaging has been unsealed after delivery or collection. These items are not eligible for return or refund.
The period begins no earlier than when the item are received. To meet the deadline, it is sufficient to send the cancellation notice or return the item in a timely manner. Cancellation is to be sent to the following address:
427 N Tatnall St # 67128
Wilmington, DE 19801-2230
72 High St
Haslemere, Surrey GU27 2LA
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 you are unable to return to us the service or product you received or are only able to return it in part or only in a depreciated condition, you will have to pay compensation to us which ZBIDDY may charge to your account, as applicable. In other respects, you may avoid this duty to pay compensation by not using the item(s) as you would your own property, and by refraining from any action that would detract from its value i.e. not removing it from the original box and/or packaging. Items that can be shipped in packages are to be returned. In these cases, return is free of charge for you. You must satisfy obligations to refund payments within 7 days after sending your notice of cancellation. All items must be in their original box and/or package. The customer is to pay the costs for the return shipment if the item delivered matches that ordered. All returns must be insured to the full retail value of the item, not what the user paid. All items must be shipped through one of the three major carriers, UPS, FEDEX and the USPS. When you cancel by the deadline, you are not obligated to take delivery. ZBIDDY will refund any purchase price already paid. There is no entitlement to replacement of the bid used.
Should ZBIDDY 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 customer. Sets/boxes can only be returned in their entirety.
ZBIDDY will replace any defective item and pay for shipping within one business day from the time the item is received. Obvious damage to the item or packaging during transport shall be reported to ZBIDDY by the winner upon taking delivery.
Except as otherwise stated herein, Bid Packages are non-refundable and non-transferable. All sales are final.
Insofar as nothing to the contrary has been stipulated, delivery will be made from our supplier's warehouse or from our warehouse to the non-post office box address provided by the user. Deliveries are made solely within the United States. ZBIDDY shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the user. Obvious damage to the item from transport or packaging damaged during transport is to be reported to the supplier upon taking delivery. ZBIDDY reserves the right to deliver to countries outside the United States including, countries located in the European continent. In all events user will be responsible to pay for any and all shipping, delivery and associated costs.
Should ZBIDDY not be able to deliver the item ordered, and this is not the fault of ZBIDDY due to the fact that the supplier has not satisfied its contractual obligations to ZBIDDY or does not do so in a timely manner, ZBIDDY shall be entitled to declare rescission to the user or to substitute the item with a comparable replacement product with the same or better features. In such an instance, ZBIDDY will contact the customer and offer the choice of the new product or a full refund for all charges and bids associated with the transaction.
9. Pricing & Typographical Errors/ Product Descriptions/Intellectual Property
Except where noted otherwise, the "Suggested List Price" and "Suggested Retail Price" displayed for products on our website represent the full retail price of the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere.
In certain rare cases, it may occur that ZBIDDY personnel make typographical errors while entering pricing information. Although ZBIDDY strives to ensure the accuracy of all its pricing information, ZBIDDY reserves the right to correct placed orders for mispriced items at any time up to time of shipment. If order prices require correction that will result in a net increase in the order total, ZBIDDY will contact the customer and offer the choice of the corrected price or a full refund for all charges and bids associated with the transaction.
ZBIDDY strives to ensure the accuracy of all content and listings on its website. However, ZBIDDY does not warrant that product descriptions or other content of this website are accurate, complete, reliable, current or error-free. If a product offered by ZBIDDY is not as described, your sole remedy is to return it in an unused condition under the terms for damaged and defective items as stated in these Terms and Conditions.
All content included on this site including but not limited to text, graphics, logos, icons, and images are the property of ZBIDDY or its content suppliers and are protected by U.S. and international trademark, copyright, and other intellectual property laws. Both individual instances of content and compilations thereof are the exclusive property of ZBIDDY and are protected by U.S. and international copyright laws. All software used in the operation of ZBIDDY.COM is the property of ZBIDDY or its software vendors and is protected by U.S. and international laws.
ZBIDDY™ and other ZBIDDY graphics, logos, page headers, icons, scripts and service names are trademarks, registered trademarks or trade dress of ZBIDDY in the U.S. ZBIDDY's trademarks and trade dress may not be used in connection with any product or service that is not ZBIDDY's, in any manner that is likely to cause confusion among potential or current customers, or in any manner that disparages or discredits ZBIDDY All other trademarks not owned by ZBIDDY that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ZBIDDY.
ZBIDDY grants the user a limited license to access and make personal use of this site. Permission is granted to download pages and content provided by ZBIDDY only for personal display purposes and page caching, and not for any other purpose, except with the express written consent of ZBIDDY This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This site and/or any portion thereof may not be reproduced, copied, duplicated, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of ZBIDDY You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information including images, text, page layout or form of ZBIDDY without express written consent. You may not use any meta tags or any other "hidden" content utilizing ZBIDDY's name or trademark without the express written consent of ZBIDDY
You are granted a limited, revocable and non-exclusive right to create a hyperlink to the homepage, product pages, auction pages and help pages of ZBIDDY so long as the link does not portray ZBIDDY, or its products or services, in a false, misleading derogatory or otherwise offensive matter. You may not use any ZBIDDY logo or proprietary graphic or trademark as part of the link without express written permission.
Any unauthorized use terminates the permission or license granted by ZBIDDY.
10. Limits on Liability
USER EXPRESSLY AGREES THAT USE OF ZBIDDY IS AT USER'S SOLE RISK. NEITHER ZBIDDY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT ZBIDDY WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF ZBIDDY, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH ZBIDDY.
ZBIDDY IS PROVIDED ON AN "AS IS" BASIS; TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZBIDDY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, ZBIDDY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT ZBIDDY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
IN NO EVENT WILL ZBIDDY, OR ANY PERSON OR ENTITY INVOLVED IN USE OF A ZBIDDY AUCTION, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ZBIDDY USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON ZBIDDY. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
ZBIDDY is not responsible for: (1) any incorrect or inaccurate information, whether caused by users, printing or typographical errors by any person or programming associated with or utilized by ZBIDDY; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the website; or (4) technical or human error which may occur in the administration of the website, an auction, or the processing of bids. If for any reason a user's bid is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, user's sole remedy is another bid in the auction provided that the auction is still ongoing. No more than the stated number of products will be awarded to the winning bidder. In event that production, technical, programming or any other reasons cause more than stated number of products as set forth in an auction available to be claimed at the winning bid amount, ZBIDDY reserves the right to award only the stated number of products by a random drawing among all legitimate, unawarded, winning bid claims.
IN ADDITION TO THE TERMS AND CONDITIONS SET FORTH ABOVE NEITHER, ZBIDDY, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED ZBIDDY, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, ZBIDDY, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
11. System Outage / Temporarily Halted Auctions / Closed Auctions
A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in a system. In such case, the remaining times for the auctions and the established amounts of bids and the auctions will be temporarily halted. After the disruption has been eliminated, the auctions will be continued. Temporarily halted auctions are clearly indicated. ANY BID THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE BID AND IS VOID AND WILL NOT BE HONORED.
Bidders who are bidding on temporarily halted auctions shall have no right to a refund for bids used or other costs incurred.
With the current state of the art, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) completely without errors, or to rule out any unpredictable events in connection with the internet as a medium (hereinafter referred to in brief collectively as "technical faults"). ZBIDDY therefore provides no guarantee for the constant and uninterrupted availability of its website and technical systems. In addition but not subject to the provisions of clause number 11, ZBIDDY shall not be liable for any damage whatsoever incurred by auction users or third parties from using ZBIDDY's services. In particular, ZBIDDY shall not be liable for damage that occurs due to bids submitted by auction users not being received by ZBIDDY or not being received promptly or not being considered as a consequence of technical faults.
ZBIDDY retains the right to close any auction at any time by its sole discretion. Should an auction be closed before a winner is declared ZBIDDY will return all the bids to the users involved.
ZBIDDY reserves the right to reverse any auction due to any technical issue or any other issue that would affect the integrity of the auction at anytime without notice. Bids will be returned to a users account accordingly and any money collected by ZBIDDY for shipping and or the sale price of the auction will be returned.
12. Applicable Law / Severability Clause / DISPUTE RESOLUTION
By visiting ZBIDDY, you agree that the laws of the state of Florida without regard to principles of conflict of laws will govern these Terms and Conditions and any dispute of any sort that might arise between you and ZBIDDY. Any legal action or proceeding related to this website or the operations of ZBIDDY shall be brought exclusively in a federal or state court sitting in Palm Beach County, FL.
These Terms and Conditions constitute the entire agreement between the user and ZBIDDY with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
DISPUTE RESOLUTION BY BINDING ARBITRATION:
Please read this carefully. It affects your rights.
Summary: In the unlikely event that ZBIDDY's customer service department is unable to resolve a complaint you may have to your satisfaction (or if ZBIDDY has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, ZBIDDY will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys' fees from ZBIDDY to at least the same extent as you would be in court. In addition, under certain circumstances (as explained below), ZBIDDY will pay you more than the amount of the arbitrator's award and will pay your attorney (if any) twice his or her reasonable attorneys' fees if the arbitrator awards you an amount that is greater than what ZBIDDY has offered you to settle the dispute.
(1) ZBIDDY and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
claims that may arise after the termination of this Agreement.
References to "ZBIDDY," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Services under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and ZBIDDY are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
(2) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to ZBIDDY should be addressed to: ZBIDDY.COM, 427 N Tatnall St # 67128, Wilmington, DE 19801-2230 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If ZBIDDY and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or ZBIDDY may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by ZBIDDY or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or ZBIDDY is entitled.
(3) After ZBIDDY receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000. (The filing fee currently is $125 for claims under $10,000 but is subject to change by the arbitration provider. If you are unable to pay this fee, ZBIDDY will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless ZBIDDY and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, ZBIDDY will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse ZBIDDY for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.
(4) If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of ZBIDDY's last written settlement offer made before an arbitrator was selected, then ZBIDDY will:
pay you the amount of the award or $10,000 ("the alternative payment"), whichever is greater; and
pay your attorney, if any, twice the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("the attorney premium").
If ZBIDDY did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
(5) The right to attorneys' fees and expenses discussed in paragraph (4) above supplements any right to attorneys' fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorneys' fees or costs. Although under some laws ZBIDDY may have a right to an award of attorneys' fees and expenses if it prevails in an arbitration, ZBIDDY agrees that it will not seek such an award.
(6) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND ZBIDDY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and ZBIDDY agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
(7) Notwithstanding any provision in this Agreement to the contrary, we agree that if ZBIDDY makes any future change to this arbitration provision (other than a change to the Notice Address) during your use of the Site, you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any such change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
13. External Links
Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. Despite conducting careful checks, we assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We hereby expressly distance ourselves from all content of any and all websites linked to the ZBIDDY website. We cannot take any responsibility for the content of the data protection guidelines of third-party websites.
The contract between ZBIDDY and users is binding on the parties and on their respective successors and assigns. The user may not transfer, assign, charge or otherwise dispose of any contract formed under these Terms and Conditions or any of their rights or obligations without ZBIDDY's prior written consent.
ZBIDDY has the right to revise and amend these Terms and Conditions from time to time in its absolute discretion but for reasons including but not limited to changes in market conditions affecting ZBIDDY's business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in ZBIDDY's system's capabilities. All users will be subject to the policies and Terms and Conditions in force at the time that they have successfully bid for items listed on the ZBIDDY website, unless any change to such policies or Terms and Conditions is required to be made by law or governmental authority or ZBIDDY notifies its users of the changes to such policies or Terms and Conditions before ZBIDDY sends information relating to dispatch (in which case ZBIDDY has the right to assume that all successful winners have accepted the changes to the Terms and Conditions).
15. Collusion / Fair Bidding Policy / Fraud
Collusion with other users in order to manipulate auctions in anyway is strictly prohibited. This includes, but is not limited to two users from the same household bidding on the same auction even if the bids are placed hours or days apart. Acts of collusion are strictly up to the discretion of ZBIDDY.COM and will result in forfeit of all won auctions and all bids.
Our most important goal is to create a fair bidding experience for all our customers. One part of the high standards we set for ourselves in this regard is our strict "fair bidding" policy.
ZBIDDY employees, officers, directors and immediate family are expressly forbidden from bidding on any auctions, and are contractually bound to follow this policy. ZBIDDY business partners that may conceivably have any influence on our computer systems or day-to-day operations are contractually bound to prohibit all of their employees from bidding on auctions.
ZBIDDY continuously audits new accounts against a list of present employees, officers, directors and business partner personnel.
Any order placed by you which results in a fraudulent charge or chargeback will be reported to a fraud database used by many of the top online and offline advertising providers and retailers. All information on fraudulent orders may be blacklisted with other providers and ALL the information we collect may be turned over to law enforcement authorities for further investigation.
16. AUCTION RESPONSIBLY
You acknowledge and agree that your participation and bidding on the ZBIDDY website may result in financial loss and thus it is your obligation to participate on the ZBIDDY website in a responsible fashion. The risk of loss in participating in the ZBIDDY website can occur; you should therefore carefully consider whether the ZBIDDY website is suitable for you in light of your financial condition.
You further acknowledge and agree that you may increase your opportunity of winning if you try the strategies/tips as stated to you in the form of an automated call as a new user and as stated in our FAQ's and top 10 tips published on the ZBIDDY website such as, "It's better to bid late in the game. Wait until there are ten seconds or less on the clock before you place a bid". You acknowledge and agree that it's your obligation to feel comfortable with the auction process and that you may need to watch other users to decipher strategy and choose the auctions wisely.
NOW THEREFORE, knowing the risks described above, and in consideration of your participation in the ZBIDDY website, the receipt and sufficiency of which is hereby acknowledged, you hereby, in addition to the releases stated in the above paragraphs, for yourself, your heirs, executors, administrators, and assigned, waive, release, covenant not to sue and forever discharge ZBIDDY and their members, directors, officers, agents, servants and employees of and from any and all manner of action or actions, causes or causes of action, including, but not limited to negligence, suits, debts, accounts, damages, claims and demands of whatsoever in law, or in equity or otherwise, which you may acquire by reason of loss of your money while participating in the ZBIDDY website, arising out of, or connected with, the ZBIDDY website.
You acknowledge and agree that ZBIDDY will not be under any obligation to publish odds on winning any certain auction or publish the percentage of the money spent by users on the ZBIDDY website that is returned to users in the form of merchandise.
You acknowledge and agree that every auction has at least one winner unless otherwise stated on the ZBIDDY website. You further acknowledge and agree that if you're not the winner in an auction, you may still purchase the merchandise when available at its suggested retail price by using "Buy It Now" to purchase the product.