| i4 User Agreement
The services available at www.i4auction.com referred to as ("Site") are provided by i4Services t/a as i4auction.com, hereby referred to as ("site", "we", "i4", "us" or "our"), and The Seller, Buyer, and Site Visitors of i4auction.com website hereby referred to as ("You" and "i4 User") in this i4auction User Agreement (i4UA).
This i4auction User Agreement describes the terms and conditions applicable to all i4users. If you do not agree to be bound by this i4UA, you may not use or access our services. You must read, agree with and accept all of the terms and conditions contained in this i4UA to be able to use our site or before becoming an i4user member.
Members Eligibility
Our services are not available to, and may not be used by, persons under the age of 18 years or to temporarily or indefinitely suspended i4user members. If you do not meet these requirements, you are not eligible to use these auction services. In order to become a member, you must first register and complete all the required information. You must choose i4user name and password. You must not permit, either directly or indirectly, any other person to utilise your i4user name or password.
STANDARD/ DUTCH AUCTIONS
Listing Items
We do not review listings provided by users, we never possess the items offered through the Site and we are not involved in transactions between buyers and sellers. To be exact, we don't have any control over the quality, safety or legality of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on the Site. We are not responsible for ensuring that buyers and sellers actually complete a transaction. You accept sole responsibility for the legality of your actions under laws applying to you.
User Information
We cannot and does not confirm the purported identity of users or the validity of the information which users post to the Site. Some of them you may find it offensive, harmful, inaccurate, or deceptive listings posted by other users, As stated, we do not have control over the information posted by other users. By using this Site, you agree to accept such risks and agree that we are not responsible for the acts or omissions of users on the Site. Our i4users feedback rating system will guide you to evaluate the user with whom you are dealing. However, feedback does not reflect the reputation of other i4users, it is just to facilitate interaction among all i4user members, we do not reveal your information to other users. However, the buyer and seller may have exchange information with reference to sellers listed item in auction and with reference to the item that buyer wants to buy.
Feedback and Point System
The system has been so designed in order to facilitate trading between i4users. You must be very careful in posting feedback to other users as your feedback may result to cancellation of other user membership. An i4user who earned 2 negative points on their feedback will result to automatic cancellation of membership. You will be unable to use our Site services. You will only get a negative point if you do not buy the item you have won at the end of auction. The seller will at his/her discretion will be the one to post a negative feedback against you. Please see Feedback Point System for detailed explanation of the system.
Buying and Selling
As a Buyer, you have a legal obligation to complete a transaction with a seller if you buy the item through our "buy it now" featured on site. You must ensure that you are legally able to bid or buy for any item listed on our site. Please read also Lowest Bidding Terms and Conditions. Our site operates a Non-Commitment To Buy Policy. Bidder who won at the end of an auction-style listing are have no under obligations to buy the item. However, every time you refused to buy your winning item you earn a negative point and earning 2 negative points, your right to use our services will be suspended, and you will be unable to list, bid and use our services on site. As a Seller, you must ensure that you are legally able to sell each item included in a listing on the Site, and that it must be a lawful item to sell anywhere in UK or outside UK. You must describe your item and all terms of sale on the listing page of the Site as detailed as possible. Anything illegal is not permitted to be listed on our site. We reserve the rights to refuse your item and or cancel your item if we feel necessary at our discretion.
Claims
In the event that you have any right, claim or action against any other user arising from that user's use of the Site, you agree to pursue such right, claim or action independently of and without recourse to us, and you release us (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action. You also agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this i4auction User Agreement (including the documents incorporated by reference), or your violation of any law or the rights of a third party.
Fees and Cancellation
You must acknowledge that our services commence as soon as you have submit a "Sell Your Item" form to us, and you recognise that you will not have the right to cancel any listing under the Consumer Protection (Distance Selling) Regulations 2000 or any equivalent legislation in your jurisdiction. Registration to become an i4user is free. Our fees are described in our i4 Fees which forms part of this i4UA.
LOWEST UNIQUE BID AUCTION
Bid Eligibility
All bids submitted during the duration of the auction are kept secret and confidential. Bids are not disclosed to any member of the public. Bid Result will be published via our site within 3 working days of the auction ends. Biddings in Lowest Bid are not open for i4auction.com member staffs to participate. You must complete all the bidding requirements as set out on our site before you make your bid. If you submit further bids, you must pay as required for each bid you make. All submitted bids are non refundable unless otherwise stated in Item Cancellation.
Item Cancellation
We reserve the right to withdraw any item not sold two weeks after the auction closing date or in the event that we receive less than the specified required number of bids in total for that item. We will notify the winner within 7 working days of the end of auction. We reserve the right to publicise successful bids. Winning bids will be available via our website at i4auction.com. We reserve the right in our absolute discretion to withdraw items from our brochure or website and/or to substitute alternative items and to increase the number of items available in each Lot and/or amend the descriptions at any time. If insufficient bids have been placed within 4 months of the auction start date, then we reserve the right to cancel the auction in which case entry fees will be refunded in full.
Awarding the Item
Winner will be informed within 7 days, we will inform you via the contact details you have provided to us. We will give you 48 hours to decide whether you wish to go ahead with your winning bid at the price you have offered. If after 48 hours we never hear from you, we will assumed that you are not interested to buy the item. We reserve the right to award the Lot to the lowest unmatched bid received. In the event of there being no unmatched bids, we reserve the right to award the Lot to the lowest paired bid received first. Delivery charges, insurance and any import duties or taxes will be the responsibility of the buyer.
Payments
The entry bid payment shall be payable by payment method set out in this website. We reserve the right to refuse any bid requests that we deem to be outside these terms & conditions and therefore not to process the proposed payment. We reserve the right to make interest charges in respect of late payment. Refunds after payment for winning bids shall be made only in the event that supply of the item is not fulfilled or cannot be fulfilled by i4auction.com or by the supplier of the lot.
Claims
In the event that you have any right, claim or action against any other user arising from that user's use of the Site, you agree to pursue such right, claim or action independently of and without recourse to us, and you release us (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action. You also agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this i4auction User Agreement (including the documents incorporated by reference), or your violation of any law or the rights of a third party.
Licensing
You agree to grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, licensable (through multiple tiers) licence to exercise the copyright, trade mark, publicity, and database rights you have in Your Information, in any media now known or not currently known. You also waive all moral rights you have in Your Information to the fullest extent permitted by law.
Liability
Nothing in this i4UA shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our, agents or employees. Subject to the foregoing, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this i4UA. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you. We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment. Our liability to you or any third party, and the liability of our parent, subsidiaries, affiliates, officers, directors, agents and employees, in any circumstance is limited to the greater of (a) the total fees you have paid to us in relation to the listing or other service offered giving rise to liability, and (b) £50.00.
Warranty
We (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Our website and our services are provided "as is" and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
Variations
We reserve the rights to amend this i4UA at any time but undertake that by doing so we will serve a reasonable notice by posting the amended i4UA on the "Announcement" page of the site. Any amended in i4UA will govern new user registrations from the date that it is posted on the Site. Existing users will be bound by the amended i4UA after the expiry of 30 days following the date of a Notice. No other amendment to this i4UA will be effective. This i4UA is effective on 1st May 2005 for new registering users.
Jurisdictions
This i4auction User Agreement (i4UA) shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the Courts of England and Wales.
Company Information
i4Services t/a i4auction.com, is a company based in England and Wales. |
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