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30 Nov 99 00:00:00 EST
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Terms and Conditions


Introduction

The Company is an internet auction site which allows people to bid for different products on the internet using, internet, fax and or telephone. Each action will have one winner who has placed the highest uncommon bid determined by the rules and regulations outlined in this agreement. In return for this service, the Company charges a per bid per auction administration fee.

In accordance with the Terms and Conditions, all customers' monies are held by the Company in a separate, segregated account.

Part 1: Definitions

"UniqueAuction Auction" means a precise product/service that has been offered for auction where the auction format is as described in this Agreement;

"Bid" means an amount that is proposed for a specific product/service that is on UniqueAuction Auction;

"Bidder" means a person, firm or company who submits a bid proposal for products/services offered on UniqueAuction Site where the bid proposal was not cancelled according to any terms in this Agreement;

"Ceiling level" means the maximum bid amount that can be proposed for a specific product/service on UniqueAuction.com. This amount is determined by UniqueAuction, No bids will be accepted at the amount higher then the ceiling level;

"Maximum Number of Bids" on some auctions maximum number of bids will be accepted regardless of the End Date of the auction;

"Reserve Bid Amount" minimum number of bids are required to close the auction regardless of the end date of the auction;

"End Date" means the date at which the UniqueAuction.com auctions will close, unless the auction requires the minimum number of bids prior to closing;

"Bid Increment" means the bid step amount that is permitted separating possible bid proposals; if your bid is not in the allowed increments and if that is the winning bid, your bid will be cancelled and you will not be declared as winner. For example if bids are in 20 cents increments but your bid is 2.21 cents this bid is not in 20 cent increments and will not be declared as winning bid.

"Unique Bid" or "The Highest uncommon Bid" means a bid proposal that is not the same as any other bid or is the most uncommon proposal for a specific UniqueAuction.com Auction; each bid is time stamped, the first bidder on the most uncommon bid wins the auction.

"Administration and Handling Fee" means a non-refundable fee that is charged per bid proposal; "Selected Bidder" means the sole Bidder that is determined to have the right to purchase a specific product/service on UniqueAuction Auction as per this Agreement. The selected bidder will have the highest unique bid or the most uncommon bid and is the first to secure the winning number.

Agreement

1.1 By agreeing to these Terms and Conditions, you are bound by the entirety of this agreement. You are also bound by the Company's "Privacy Policy" and by the Company's "Rules and Regulations" that are incorporated by reference into these Terms and Conditions. If there is an inconsistency between any document incorporated by reference and these Terms and Conditions, the latter shall prevail.

1.2 Whenever there are changes to the Terms and Conditions, the Company will notify customers of the change by placing a notice on the website in a prominent area. The Company, at its sole discretion, may also email customers of any changes to the Terms and Conditions. All Placed bids prior to the change in Terms and Conditions will be subject to the previous Terms and Conditions. Any bids after the change in Terms and Conditions will be subject to the amended Terms and Conditions. Any use of the service by the customer after the change in Terms and Conditions will constitute and agreement and acceptance of the new Terms and Conditions.

Your Representations

2.1 You are 18 years of age or older.

2.2 You are legally permitted to participate in an online auction from the jurisdiction you are in at the time the bid was placed.

2.3 It is legal in your jurisdiction you are in to use this service.

2.4 It is your responsibility to ensure it is legal for you to use this service in any jurisdiction you are in.

2.5 You can enter into a legally binding agreement with the Company.

2.6 If you send money to the Company via a debit card or credit card, you are the authorized user of the card.

2.7 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.

2.8 You have not and never have been an undischarged bankrupt or in a voluntary arrangement with your creditors.

2.9 You are acting as principle and not on behalf of another party.

2.10 By placing bids with the company, you understand you will lose the Administration fee regardless of the outcome of the auction.

2.11 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.

Registration

3.1 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.

3.2 Before using the service, you must complete the registration form and agree to the Terms and Conditions. The registration form will include many details including name, address, phone number, email address and currency of the account.

3.3 You agree you will not deliberately provide false information while registering and you agree all information provided to the Company is accurate.

3.4 You will keep both registration and personal details up to date.

3.5 If you decide to transfer funds to the Company via a credit card or debit card, you must give the Company all relevant information such as billing address, exact name on card, card number and expire date. This information is securely encrypted and stored on the Company's servers.

3.6 In order to ensure your credit worthiness and to confirm your identity, we reserve the right to use third party information providers.

3.7 When registration is complete, the Company will confirm your registration by emailing you to the email address you supplied when you registered.

3.8 You agree to keep both your username and password confidential and that you are responsible for any misuse of the username and password.

3.9 If you believe any of your account information is being misused by a third party, or your password has been discovered by a third party, you agree to immediately notify the Company by email or phone. The Company will immediately suspend your account once notified by you of such incident.

3.10 When registering, you will be required to choose the currency in which you will operate your account. This will be the currency of your deposits, and withdrawals.

Privacy

4.1 The Company's privacy policy can be seen in it's entirety on the website. It is under "Privacy Policy".

4.2 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.

4.3 The Company will not reveal the identity of any person who places bids using the UniqueAuction website to any third party unless the information is requested by applicable government, regulatory or enforcement agencies.

4.4 Once a UniqueAuction has closed, company will be permitted to publicize the name, surname and location of the Selected Bidder, their bid amount and the product/service that was applicable to that bid.

4.5 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

Account

5.1 The Company accepts accounts in US Dollars.

5.2 The Company does not give credit for use of the service.

5.3 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.

5.4 To place a bid on the company's website, you must have sufficient funds to cover the administration fee of the offer. If you do not have enough funds 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.

5.5 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.

5.6 Any 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.

5.7 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.

Deposit of Funds

5.1.1 You may deposit funds into your account by credit card, direct bank transfer, money order, bank draft or cheque. All deposits should be made in the same currency as your UniqueAuction account.

5.2.2 The Company accepts credit card payments by Visa and Mastercard and other credit cards that will be stated on the company website.

5.3.3 There may be a third party charge to deposit by credit card, cheque, money order, bank draft, or bank wire transfer. 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.

5.4.4 You are responsible for your own bank charges that you may incur due to depositing funds with the Company.

5.5.5 If you deposit funds 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.

5.6.6 Your funds are deposited into a separate, segregated stakeholders account.

5.7.7 You will not earn any interest on any outstanding account balances. Any interest will accrue to the Company.

Withdrawal of funds

6.1 If you wish to withdraw all of your funds, Please do not place any bids, the administration fee is none refundable.

6.2 You may withdraw any or all of your "Available to Withdraw Balance" as shown on our website under "My Account".

6.3 You must withdraw funds by either cheque or Direct Bank Transfer. Withdrawals by debit card or credit card are not allowed.

6.4 All withdrawals will be made in the currency of your account.

6.5 There is no charge for withdrawals via cheque. There is a small charge for withdrawals by Direct Bank Transfers to reflect our own charges imposed by our bank. You agree that the Company may change its withdrawal charges at any time and at its sole discretion.

6.6 For Direct Bank Transfers, withdrawals must be made to an account held in the same name as the account held with the Company. Cheques will only be made out to the name of the account holder with the Company.

Exposure

7.1 Your "Available to Bid Balance" is the amount in your account that you have not yet used to place a bid.

7.2 In order for your bid to be placed, you must have enough funds in your account to cover administration fees. If you do not have sufficient funds in your account to cover admin fees, your bid will not get placed into the auction.

7.3 When administering your account, the Company will calculate the amount of money owed by you to the Company, by way of administration fees and by your winning bids.

7.4 The Company calculates the administration fees and your winning bids on company website and this represents your "Current Exposure". This amounted is subtracted off of your "Account Balance" to determine your "Available to Bid Balance".

7.5 The Company's calculations of your "Account Balance", "Current Exposure", "Available to Bid Balance" and amounts owed by you under the terms of this agreement are final and, in the absence of any manifest error, will not be subject to any enquiry or investigation.

7.6 Once you have placed a bid, you will not be able to cancel such bid, the administration fee per bid will be deducted as you place your bids.

Winnings

8.1 Following confirmation of the result, any winnings will be held by the company or its authorized partners and should be picked up within 60 days. You are responsible for any currier charges, tax or any other third party costs, if the currier charges charged by the third party are higher than the amount stated on the site, you must agree to pay it before the product is shipped.

8.2 The amount for your winning bid plus the administration fee shall be paid to the company and will be deducted from your account. UniqueAuction.com 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.
  • For any other reason.
  • Bidder is using third party information to place bids

    Winning the Auction

    8.3 Users will be able to bid on many different consumer items like a normal auction. However, the maximum bid price will be capped. For example a car valued at $10,000 could be capped at $50. Company reserves the right to set the maximum bid price. Bid increment will be in pennies ($0.01). The winner is not necessarily the person who has bid the highest amount. The winner is the person with the "most unique highest bid".

    8.4 The most unique highest bid is determined by looking at all the bids starting at the highest one. If this bid is unique, meaning that only one person bid that specific amount, then it is the winning bid. If it is not a unique bid, meaning that more than one person has bid that specific amount, then we check the next lower bid price. This process continues until we find a unique bid. If the lowest possible bid amount ($0.01) is reached and no unique bids were found, then we start over at the highest bid price ($50.00) and check for the highest bid where two people have bid the same amount. If this fails once again, then we check for three of the same bids, and so forth. (All of the checking is done automatically by our computer systems)

    8.4 In a case where no unique bid is found, the "most unique highest bid" would then be the highest bid price that was bid by the least amount of people.

    Consider the following scenario:

    Price Point Number of Bidders
    $49.99150
    $43.057
    $10.11 83


    The "most unique highest bid" in this case would be $43.05. This is the winning bid. In a case where the winning bid is not entirely "unique", in this case 7 bidders, then the winner is the one that placed their bid first.

    Offer of Bid(s)

    9.1 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.

    9.2 You agree to appoint the Company as your agent in accepting bids.

    9.3 You understand that you will be bidding against other customers of the Company anonymously and not against the Company itself. All bids will be visible. In case your bid is the leading bid your Nick name will be shown on the auction.

    9.4 You may offer bids on any auction as long as you have the sufficient funds to cover the administration fee(s).

    9.5 You agree that your bid is only valid if it's made in accordance with the Company's Terms and Conditions.

    9.6 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.

    9.7 The Company, at its sole discretion, may cancel a bid by you without giving a reason for doing so and without prior notice.

    9.8 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.

    9.9 Once your bid is placed, you cannot change the terms of the offer.

    9.10 The Company, at its sole discretion, will determine when our website is open for posting of bids on any particular event

    9.11 The Company, at its sole discretion, may close the website at any time.

    Acceptance of Bids

    10.1 You will be able to monitor your placed bids using either the "Current Bids" section of our website or individual auction.

    10.2 Once a bid is placed, it cannot be cancelled or modified, under any circumstances,

    10.3 The Company, at its sole discretion, will determine when our website is open for the accepting of bids on any particular event.

    Administration and Handling Fee payments by Credit/Debit Card

    10.4 The Bidder warrants that he/she is the owner of the credit/debit card and is authorized to make use of it for the purposes of participating in UniqueAuction Auctions.

    10.5 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, UniqueAuction will not be liable for any compromise or misuse of this information.

    Bids submitted via a Telephone Operator

    10.6 In order to avoid any discrepancies UniqueAuction recommends that, where possible, Bidders place bids using the Internet rather than through a telephone operator.

    10.7 Prospective Bidders may request additional information from telephone operators by calling the publicized company number. This information includes details on how the UniqueAuction concept works, UniqueAuction Terms and Conditions or any other relevant questions however should there be any discrepancy between what is stated by a telephone operator and what is in this Agreement then this Agreement shall take precedence.

    10.8 Should there be any discrepancy between the bid amount claimed to be submitted by a Bidder and what was actually entered by the telephone operator then the amount entered by the telephone operator shall take precedence.

    10.9 When placing a bid the telephone operator will supply the Bidder with a reference. It is the responsibility of the Bidder to make note of this reference and to provide it on request should there be any queries with regards to their bid or should UniqueAuction offer a refund of Administration and Handling Fees as per clause (2.5).

    Cancellation of a bid offer

    11.1 When a reserved auction closes without reaching the reserve number of bids, all unsuccessful bids are automatically cancelled and are bid fees are automatically refunded.

    11.2 UniqueAuction 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).
  • A Bidder has placed more than the maximum number of bids that is permitted per individual Bidder( where indicated).
  • For any other reason.

    Terms applicable to all bids

    12.1 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.

    12.2 You cannot place a bid unless you have enough money in your account to cover the administration fee for the given auction.

    12.3 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.

    12.4 You agree that you are aware that administration fee is none refundable. If you are in any doubt about how to place bids using the website, you should refer to the "Help Section" of our website.

    12.5 You accept that any amounts lost by you while using our website are not recoverable, under any circumstance, from either the Company or other UniqueAuction limited customers.

    Communications and Notices

    13.1 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 our website.

    Indemnity

    14.1 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.

    14.2 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.

    Matters Beyond our Control

    15.1 The Company is not liable for any loss or damage that you may suffer because of any: act of God; trade or labour 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.

    15.2 We 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.

    15.3 The Company will not be liable for the acceptance or settlement of any offers of bids where UniqueAuction 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.

    15.4 We 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.

    Limitation of Liability

    16.1 We exclude all representations and warranties as to the Company's services and our website's appropriateness for its intended purpose.

    16.2 We 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.

    16.3 In no event shall we, or our 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.

    16.4 Under no circumstances shall our liability under the 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.

    16.5 Nothing in these Terms and Conditions excludes our liability with respect to personal injury and death resulting from our negligence, or that of our employees, agents or subcontractors.

    Intellectual Property

    17.1 UniqueAuction and the UniqueAuction logo are register trademarks of the Company and Allainet is sole owner of UniqueAuction and the UniqueAuction logo. Any unauthorized use of UniqueAuction and the UniqueAuction logo may result in prosecution.

    17.2 www.UniqueAuction.com is the 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.

    17.3 We are the sole owners of the rights to our technology, software and business systems.

    17.4 You understand that your registration and the use of our system grants no rights whatsoever to the intellectual property contained in our 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.

    Assignment

    18.1 You may not assign any part of this agreement.

    Severability

    19.1 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.

    19.2 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.

    Breach of this agreement

    20.1 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.

    Dispute resolution

    21.1 In the event of a dispute arising between you and UniqueAuction Limited concerning our services our Customer Service Department will attempt to reach an agreed solution.

    21.2 In the event our Customer Service Department is not able to reach an agreement with you, our senior management and/or Board of Directors may get involved to attempt to resolve the dispute as soon as possible.

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