Section 1. Overview
1.1 Definition of Terms
Account means the general sense of the word; the collection of money, services, Credits (both Free and Paid) on behalf of a Registered User of the Web SiteAdministration Fee means a fee that is charged to any Registered User for administration of his Account that occurs outside of the Company's main interestsGame refers to a Game Square of a Product, on which all Registered Users may BidBid refers to the action of spending Credits on a game,the Company means SAMSQUARE limited Reg No: 08921570Credit refers to the intangible tokens associated with a user’s accountElements refers to the small squares that make up a Game grid.Grid refers to the larger square made up of elements that can be clicked upon in a GameNon-Personal Information means, but is not limited to:the date a Registered User registered on the Web Site,the categories of Game which a Registered User Bids upon,the Games won by a Registered User,the Bids placed by a Registered User, andthe time of day a Registered User is typically active on the Web Site.Payment Options means the options available to a Registered User to pay for Games, Credits, Products or any Services supplied by the Company. The options available include Paypal,Product means any currency, item, product, service, invitation or thing listed on the Web SiteRegistered User refers to any person that has registered as a User through the Web SiteTime Period for Payment of Winning Bid means any time within 7 (seven) days of a Winning BidUser or Bidder or Shopper refers to any person who places a Bid on any item on the Web SiteWeb Site includes the head site domain kout.io, and all other generic sub-domains, including (but not limited to) kout.play, kout.co, kout.game. This definition encompasses all sites provided by the Company for use by guests and Users.Web Site means the web sites owned and operated by the Company.Winning Bidder means the Registered User who placed the Winning Bid on any Game.Winning Price means the price of the winner has paid on the particular grid before and including clicking on the winning square.Winning Square is the element that when clicked upon, entitles the user to the ownership of the particular product.
The Company operates a Pay-to-Bid Game Web Site, which:runs Games,supplies Products, andThese represent the Company's main interests.The Company's Web Site is designed to encourage elements of 'social bidding' and to ensure a level playing field for all Registered Users who wish to Bid on its Games.
1.3. Date of Commencement
These Terms and Conditions are valid from the 12th January 2015. All Registered Users who registered with the Web Site prior to this date, are required to accept these Terms and Conditions to continue to use the Company's Web Site. If registering for the first time after this date, a Registered User must have accepted these Terms and Conditions to begin use of the Company's Web Site.
1.4. Your Relationship with the Company
Registering on the Company's Web Site gives you the status of a Registered User. All Registered Users must therefore agree that these Terms and Conditions constitute the contractual relationship between the Company and the Registered User in relation to its Web Site.
These Terms apply equally to all countries in which the Company operates. Registration and use of the Web Site operated by the Company constitutes an acceptance by a Registered User of all of the Terms herein. These Terms constitute a legally-binding agreement between a Registered User and the Company. A Registered User is assumed to have read through them all carefully. If a Registered User violates any of these Terms and Conditions, he may be suspended from the Web Site.If suspended from the Web Site, he will not be entitled to receive any item won or purchased from the Company and will forfeit any remaining Credits in his Account.
1.5. Consumers Only
This Contract only covers the parties it intends to. Non-consumers who are in a business relationship with the Company cannot avail themselves of any of the rights given under this Contact and it would be wholly inappropriate for them so to do.
1.6. Business Relationship
These Terms and Conditions apply exclusively to the business relationship between:the Company, including its Web Site, andits Registered Users.
1.7. Use of Web Site Is Acceptance of Terms
By using the Web Site, a Registered User fully accepts these Terms, as well as the manner in which the Company conducts its business activities. The Company does not recognize any other Terms and Conditions unless the Company has agreed to their validity in writing.
1.8. Disclaimer Regarding Content
None of the content on the Company's Web Site is intended to amount to advice. A Registered User should not place any reliance on it. The Company disclaims to the fullest extent permitted by law all liability and responsibility arising from any reliance placed on any content on the Web Site, including by any parties who may link to such content or even be informed of such content by third parties.
For further information regarding Content, please refer to Section 4 (Products, Guarantees and Returns) and in particular Terms 4.3 (Product Descriptions) and 4.4 (Product Images).
1.9. Applicable Law
The Company operates Web Sites in different countries. Different countries are subject to different overarching laws. The Company's Headquarters are based in the United Kingdom. All contracts between Registered Users and the Company are ultimately subject to the laws of the United Kingdom of England and Wales.
1.10. Severability Clause
These Terms are governed by the sole jurisdiction of England and Wales. This Agreement excludes the UN Convention on the International Sale of Goods. Should (a) Term(s) of this Contract be the subject of legal action in the UK, and found to be unenforceable, this shall only affect the applicability of that (one) Term(s).
1.11. Choice of Forum
In the event of a dispute between a Registered User and the Company, a legal action may only be brought in the Courts of the United Kingdom. Further information is given in Section 14 (Any Claims).
1.12.1. Registered User Requirements
A Registered User must:be over the age of 16, andbe able to enter into legally-binding contracts with the Company, andhave a residential postal address (Not a PO (Post Office) Box address) to take delivery of won Games and Products, andhave a functioning e-mail address to receive updates from the Web Site, andIf a Registered User does not fulfill these requirements at time of agreement then the contract will be void.
1.12.2. Registered User Restrictions
A Registered User must not be:a person who has already registered with the Web Site (See further 2.2 (Lone Registration).a previously suspended Registered User of the site, who has re-registered; and/orresident outside of the country where he has registered (see further 2.1 (Requirement to be Resident in Country of Usage)).If a Registered User is any of the above at time of agreement then the contract will be void.
Section 2. Registered Users - Overarching Requirements, Rights and Obligations
2.1. Requirement to be Resident in Country of Usage
A Registered User must use the version of the Company's Web Site tailored for the country where they are resident. For example, only residents of the United Kingdom may use the uk.sqauremarket.com Web Site. The Company filters all IP addresses used to access its different Web Sites. IP addresses from outside the country of operation will be rejected during operations such as Bidding and Buying Credits or Products. The prohibition extends to accessing any Web Site from abroad. A Registered User who is on holiday outside of his resident country must not attempt to use the Company's services until he returns from holiday.Furthermore, if a Registered User has been suspended from the Web Site, but then physically moves to another country in which a different country Web Site operates, he must not attempt to become a Registered User in this new country.It is strictly prohibited to Register, or to attempt to use any of the Company's services, from outside the country where a Registered User is resident. In the unlikely event that a Registered User is able to achieve this, his Account will be automatically terminated in accordance with Section 11 (Suspension). The effect of Suspension in this case will be as outlined in term 11.2 (Effect of Suspension).
2.2. Loan Registrations
A Registered User must not have registered any other existing Registered Account with the Company, in the country of residence or in any il country outside the Registered Users’ country of residence.The Company will look for suspicious behavior and use IP address filtering services to deduce whether or not they believe a Registered Users is operating under more than one user name. The Company holds the right to terminate any account thought to be associated with a set of multiple accounts in accordance with Section 11 (Suspension).
A Registered User must choose a Username during the registration process. This Username must not:be offensive, and/orinfringe the right of a third party, and/orbe misleading, and/orgive opinions, and/ordirectly or indirectly solicit other Users of the Web Site to use the services of any other CompanyThe Company has the right to change any Username which is in breach of this term. See 3.1 (Right to Change the Username of a Registered User).
A Registered User will be asked to generate a Password for the Web Site during the registration process. This password must be kept secret. All Registered Users are liable for any activities undertaken using their Username and the associated password.
2.5. Obligation to behave Honestly
The Company operates its Web Sites so that all Registered Users have the opportunity to win one or more Games in a 'level playing field' environment. All Registered Users are expected to behave honestly and fairly. The services of the Company are only provided to a Registered User whilst the Company retains trust in that Registered User to behave in this manner. The Company will suspend any Registered User who breaches this requirement under Section 10 (Suspension).
2.6. Obligation to Ensure Password Protected
A Registered User must keep his Web Site password secret. A Registered User is liable for any activities undertaken using his Username and the associated password.
2.7. Obligation Never to transfer Account
A Registered User's account is non-transferable. Only one individual person may use any the account of a Registered User. If the Company finds that the Registered User is allowing other individuals to use his Account, it will take the actions detailed in Section 10 (Suspension).
2.8. Obligation to Provide Proof of Identity (if Requested)
A Registered User recognizes that, in order to effectively police the operations performed on the Company's web site, the Company may need to verify his identity. This verification will be done in accordance with the Company's right under term 3.2 (Right to Verify Identity of Registered User).
A Registered User recognizes that, if he is requested to provide proof of his identity, this becomes an obligation which may need to be fulfilled before he can continue using the full services of the web site.If a Registered User does not wish to supply documents reasonably requested by the Company, he is obligated under section 2.9. (Obligation to Notify the Company if Refusing to Provide Proof of Identity) as appropriate.
2.9. Obligation to Notify the Company if Refusing to Provide Proof of Identity
A Registered User who is obliged by virtue of term 2.8 to provide proof of identity has the Right to refuse to upload it.If so, he must notify the Company within 14 days of the Company's request of his refusal. If the Registered User refuses to supply the identification documents, that Registered User understands that the Company will withdraw their Acceptance of his Offer(s) to buy any Games or Products.
In the rare event that the Registered User:has not supplied identification documents;has paid for a game, or Product; andhas not had it delivered to him due to his refusal to confirm his identitythe Registered User may opt to be refunded the amount(s) paid in full for those non-delivered goods.
2.10. Obligation to Use Web Site Only When Resident in Host Country
A Registered User must only use the Web Site of a country where he is resident. A Registered User must not attempt to access the Web Site of his resident country from outside of his resident country.A Registered User cannot use the site if he is, for example, on holiday outside of his home country.
2.11. Obligation to Contact the Company if Required
A Registered User may need to contact the Company in rare situations concerning the supply of an Order (for example, the supply of an Age-Restricted Product or if the Registered User wishes to ship to an address which he appears to have inputted incorrectly).
In such situations, the Company will communicate this to him. This communication can take the form of:an e-mail; and/orvia SMS; and/orvia telephone call; and/orWhen the Company contacts the Registered User and seeks information from him, the Registered User must not refuse contact with the Company.The Registered User must respond within thirty (30) days to any enquiry made of him from the Company, otherwise the Company may institute its right to suspend the Registered User.
2.12. Obligation to Examine any Products Won for Damage in Transit
A Registered User must carefully check the packaging and particulars of any Product he receives from the Company. This inspection should be done immediately on receipt of any Product won from the Company.
If the Packaging is clearly damaged, a Registered User should refuse to take delivery of the Product, should refuse to sign for delivery, explain to the Courier why he refuses to sign and refer to the terms in Section 9 (Delivery).If the Packaging is not damaged, but the Product itself is, then a Registered User must report this to the Company within 3 (three) days of receipt. See further Section 9 (Delivery).
Section 3. The Company - Overarching Requirements, Rights and Obligations
3.1. Right to Change the Username of a Registered User
The Company reserves the right to change the Username of any User who has chosen a Username which is contrary to term 2.2. If the Company is of the opinion that such a Username was chosen for malicious or nefarious purposes, the Company additionally reserves the right to suspend such that Registered User's Account. (See Section 10 (Suspension)).
3.2. Right to Verify Identity of Registered User
The Company has the right to verify the identity of any Registered User at any time, using all reasonable endeavors. This Right to Verify extends to a temporary hold being placed on the activities of any Registered User whilst the necessary verification is carried out.
The Company has the right to request that a Registered User provide a scan of photo ID (such as a Passport or Driving License), proof of address and/or other documentation reasonably required for verification purposes.
3.3. Generic Right to Suspend Registered User
The Company reserves the right to suspend any Registered User who is in breach of the restrictions in term 1.12.2, or who does one or more of the following:
Allows different individuals to Bid using his Account;Uses unfair means to win any Game;Registers on any of the Company's Web Site from any other country other than the country permitted by that Web Site.Registers more than a single account using multiple email addresses.
3.4. Right to Suspend Registered User Re: Identity Requirements
This term applies only to a Registered User who does not supply the necessary documentation in accordance with term 3.2 (Right to Verify Identity of Registered User) within 14 (fourteen) days of the Company's request.In such a case, the Company has the right to permanently:
withdraw any Acceptance to sell any Game or Product to that Registered User,suspend and/or permanently remove the account of that Registered User,prevent that Registered User from purchasing further Credits,prevent that Registered User from bidding on Games and/or products andtake any further reasonable actions at the Company's discretion in respect of that Registered User.
3.5. Right to Suspend Registered User Re: Multiple Accounts owned by a single Registered User
The Company reserves the right to suspend any account/s of a Registered Users who is thought to have registered more than one account. This applies to any accounts they believe to be associated with the individual. In such as case, the Company has the right to permanently:
withdraw any Acceptance to sell any Game or Product to that Registered User,suspend and/or permanently remove the account of that Registered User,prevent that Registered User from purchasing further Credits,prevent that Registered User from bidding on Games and/or products andtake any further reasonable actions at the Company's discretion in respect of that Registered User.
3.6. Compensation Payable
In all circumstances where the Company rejects a Registered User's offer, it will compensate that Registered User in full by:reversing the transaction, or crediting the exact amount paid by the Registered User to his Wallet.
3.7. Right to Refuse Discussions with Non-Account Holders
The Company will discuss any Account with the Registered User named on that Account.
An Account is operated by an individual person, who is the Registered User of that account. The Company will never discuss an Account with any person who is not the Registered User of that Account.
3.8. Right to Unilaterally Terminate This Agreement
The Company has the right to terminate this Agreement at any time.
3.9. Right to Remove Game
The Company has an inviolable right to remove any Game in its entirety at any time.
Reasons for the exercise of this right include if the Game:
The Company is not obliged to immediately return all Credits spent by Registered Users on that Game if it removes a game.If the Company does remove a game under this term, the Company will consider whether to:refund some or all Credits spent on the Game, restart the Game in a managed and reasonable manner.
3.10. Right to Amend the Winning Limits
The Company has the right to change the Winning Limits (the amount of Products a Registered User may win within a specific time-frame) at any time.
3.11. Right to Run Games across Multiple International Platforms and Brands
The Company has the Right to run its Games on other web sites that use branding that does not necessarily feature the distinctive branding of the Company.
3.12. Right to Restart Games in the Event of Site Attack
The Company has the Right to restart Games if the Web Site is attacked. (See further Section 11, 'Site Attacks').
3.13. Right to Alter Terms and Conditions
The Company has the Right to make changes to these Terms and Conditions at any time. Amended Terms and Conditions will need to be accepted for any Registered User to continue to use the Company's Web Site.
3.14. Right to Refuse "But For" Correspondence
The Company shall not be liable for faulty operation of SMS, computer hardware or software processing during the Bidding Process. The Company will not entertain a Registered User who claims that but for such an event, he would have won a particular Product in place of the actual Winning Bidder. A Registered User will have no rights over any Product in such circumstances.
3.15. Right to Indemnity for Exercise of Above Rights
The Company shall not be responsible for any indirect or direct loss consequent to any Registered User or third party which he may incur due to the Company’s exercise of its rights.
3.16. Obligation to behave honestly
The Company operates its Web Sites so that all Registered Users have the opportunity to win one or more Games in a 'level playing field' environment. The Company will not be involved in any activities that negatively affect that environment, and will not behave in an unreasonable manner or outside of the Terms of this agreement. All promotional material by the Company will not seek to mislead, and will accurately describe the Web Site and its services.
3.17. Obligation to Police The Web Site
The Company shall effectively police its Web Site.
3.18. Obligation to deliver Games and Products Won on the Web Site
The Company's Games are Invitations to Registered Users to Treat themselves to win the Game for its Closing Price. The Company is obligated to deliver that Product to the Registered User.
Section 4. Products, Guarantees and Returns
All Games for Products, and all Products sold on the Web Site are supplied by independent third-party Retailer, which are not under any agreement with the Company. The Company orders the Products from the Retailer, which take care of the packaging and delivery. As such, the Company cannot guarantee delivery time, or that Products are not faulty. All Products are however:
intended for normal domestic and consumer use.
Note that Products are not intended for:
4.2. Fit for Their Purpose
All Products are supplied on the basis they are fit for any reasonable purpose to which the Winning Bidder may put them.
4.3. Product Descriptions
The Product descriptions placed by the Company on its Web Site do not constitute contractual terms of purchase. Whilst in the vast majority of cases, these descriptions will fairly and accurately describe the Product, any Registered User should confirm the Product Specification from the Manufacturer's web site before placing a bid on the Product.
4.4. Product Images
The images of Products on the Company's web site are for illustration only. They are often publicity photographs or stock photographs and they are rarely of the actual Product the Winning Bidder will receive.
4.5. Faulty Products
In the event that a Registered User expresses that a Product is faulty, the Company will introduce the Registered User directly to the Retailer used to purchase the Product. The Registered User will deal directly with the Retailer on a case-by-case basis depending on the Retailer’s return policy. In no case is Company responsible for ordering and delivering a new Product to the Registered User. The Registered User must ensure that the original faulty Product is returned to the Retailer either before or as soon as the replacement arrives.
4.6. Incorrect Products
The Company or its delivery partners may, in very rare situations, send an incorrect Product to a Registered User. To ensure that the mistake is remedied as quickly and as smoothly as possible, it is vital in these situations that the Registered User contacts the Company. The Company will introduce the Registered User directly to the Retailers used to purchase the Product. The Registered User will deal directly with the Retailer on a case-by-case basis depending on the Retailer’s return policy. The Registered User must return the incorrect Product to the Retailer immediately and within five (5) days of reporting the issue to the Company.
4.8. Liability for Personal Injury
If a defective Product supplied by the Company causes damages to property, death or personal injury, the customer should refer to the Product's manufacturer.
All other warranties and conditions (both express and implied) as to quality, condition or description (statutory or otherwise) are disclaimed to the fullest extent permitted by law.
Section 5. The Bidding Process
Bidding on a game can only be performed by a Registered User of the Web Site. When a Registered User Bids on a game, they will spend the respective number of credit and this will be deducted from their account.
5.2. Credits Deducted
Each Game will inform the Registered User in the real time, how much credit will be deducted per Bid. The amount of credit deducted will always represent the probability of winning.
5.4.4. Technical Errors
In the unlikely event that a square is broken due to a site attack or other malicious behavior. The square will be reset at the earliest possible opportunity with all current bids still intact.
If this is not possible, the square will be completely reset, not changing the registered user’s probabilistic chances of winning or losing.
5.4.5. Simultaneous Bidding
Registered Users must be aware that the ‘price per click’ on each element will change instantaneously dependent on the number of squares left. If a Registered User clicks on a square, he must be aware that the ‘price per click’ may have changed a few moments before clicking and they will be charged the new price per click.
In the rare circumstance that two user’s click on a free element at the perceived same moment in time. The company will block the bid that came instantaneously after the first signal, and the user will not be charged.
5.4.6. Bid Price
Each time a Registered User places a Bid, the price of clicking on a single element, or more commonly known as the price per click, changes to reflect the odds. This is calculated in the real time and is subject to change.
5.4.7. Game Winner
The Registered User to place a Bid on the winning element is deemed the winner. They will have to pay no further costs towards the product, shipping and handling.
5.4.8. Disputes over Game Winner
The Game Winner is determined by the Company's records. In the rare event of any dispute occurring, it is the Company's decision on who placed the winning bid, the companies decision will be final.
5.4.9 International Games
The Company lists some Games which appear in several countries. The details of an International Game may vary from country to country as follows:
by natural language - the description of the Game and Product will be in the natural language of the Web Site being viewed, and
by Product Specification - there may be differences between the specification of an individual Product.
Product Specification differences are most notable in the case of high value Products such as cars, motorcycles or cash. For example, if a particular model of car is available in the UK, but not available in Sweden, the Game will reflect a different model of car. The Company endeavours to match Products which are available locally to each Registered User, of same, or of equal specification, and of same approximate value. If a Product is unavailable in a country, it displays as the nearest comparable Product that is available in that country.
Section 6. Credit Packages
6.1. Purchasing Credits
Credits can be purchased on a user’s registered account. The Registered User can specify from a pre set number of credit packages. These packages are subject to change in value.
6.2. Payment Process
Credit Packages must be paid for using the On-Line Payment Process. This Payment Process requires a Registered User to confirm his offer to buy a Credit Package by completing an on-line checkout.
6.3. Payment Options
Credit Packages must be paid for using one of the specified Payment Options. If VAT is applicable, this will be displayed at this stage.
6.4. Contract for the Purchase of a Credit Package
A contract for the supply of the Credit Package comes into being when the Registered User:
indicates the Credit Value they wish to buy,
agrees to pay by one of the specified Payment Options, and
confirms his decision to proceed.
After (c), the following steps occur:
a contract is created between the Registered User and the Company in respect of the supply of that Credit Package
this contract is concluded by means of the Payment Process being completed, and the Registered User's account being credited with Paid Credits to the value of the Credit Package purchased
the Credits forming this Credit Package are available to the Registered User to spend upon the Web Site
from the time the Registered User begins to spend the Credits, the Credit Package becomes non-refundable
Further to (iv), the Company regrets that it cannot offer a partial refund for any unspent Credits under any circumstances,including if the Registered User opts to cancel his Account.
6.5. Free Credits Value
The cash value of free Credits is £0.00.
6.6. Discount Codes
The Company runs promotions, in which it offers a number of deals in relation to the purchase of Credit Packages. These deals take the form of a Discount Code which can be entered during the Payment Process. Codes must be entered within their stipulated timeframe to be valid. Outside of their stipulated timeframes, the codes will not operate on the purchase of Credit Packages. Each Discount Code is unique and should be referred to for full details before being entered into the Payment Process by a Registered User.
Section 7. Winning A game
7.1. Notification, Acceptance and Payment of Won Games
When a game is won, notification is automatically sent by e-mail to the Winning Bidder. This notification invites the Winning Bidder to confirm his postal address. This notification is in no circumstances to be construed as a legally-binding offer which can be accepted by the Registered User on payment. This is particularly the case because the Company operates in a time-critical and extremely technical environment.
7.2. Information Provided on Win
The Winning Bidder receives immediate notification of his win by e-mail. He is also granted access to all of the important information in relation to receiving the Product and available Payment Options.
Section 8. Contractual Relationship and Cancellation of Account And/Or Product(s) Ordered
For the purposes of the Distance Selling Regulations in the UK, and comparable European Legislation for those countries in the EU in which it operates, these Terms and those in Section 9 (Delivery) express the Company's position in relation to Games and Products displayed on its Web Site.
8.2. When Contractual Relationship Comes Into Force Re: Individual Product
A contract between any Registered User to receive, and the Company to supply, any advertised Product comes into existence only when the following conditions are satisfied:
The Registered User has placed the winning bid on a game which the Company is running on its Web Site; or
8.3. Exception for Audio/Video Recording and Software
The Registered User may not return Products which are Audio or Video Recordings. The Registered User cannot return a software product unless he has not broken the Security Seal on the software product. The Company will not refund any Credit used in Games for Audio/Video Recordings and Software.
8.4. Preferred Manner of Cancellation
Although not a requirement, the Company prefers that, if opting for Cancellation of an Order after a Product has been shipped, the Registered User:
returns the Product via the same carrier as it has been shipped (for example, if shipped to him via Royal Mail, returned by him via Royal Mail), and
returns the Product in the same packaging in which it has been shipped
In circumstances where the Product won cannot be returned in this manner, the Registered User is encouraged to contact the Company to co-ordinate its collection.
8.5. Cancellation where Product Returned with Insufficient Postage
If a Registered User cancels a product, he must ensure that he sends back the Product with sufficient postage for the Company to take delivery of it. If the Company is requested to pay a fine or a postage uplift to take delivery of the returned Product, this will be passed on to the Registered User.
8.6. Responsibility for Postage Costs
The Company is only responsible for return postage or courier costs if:the Registered User has decided to cancel the Product after delivery; andthe total price of the Product (its Closing Price plus Shipping and Handling) is more than £40Accounts
A Registered User has a right to cancel his Account and to unilaterally terminate his Agreement with the Company. The Registered User retains his Statutory Rights in relation to mail-order sales and e-Commerce transactions insofar as his Rights are not positively enhanced by this Agreement.
By cancelling his Account, a Registered User does not become entitled to the recovery of the cost of Paid Credits in his Account.
Section 9, Delivery
9.1. Default Location
Unless otherwise specified, delivery will be made from:
our supplier's warehouses, or
our own warehouse(s)
To an address provided by the Registered User.
9.2. Delivery Times
From date of payment for any Game or Product, the Company will deliver the item within a minimum of five (5) days and a maximum of thirty (30) days.
9.3. Domestic Delivery
Domestic deliveries from the Web Site are made solely within the home country in which the Registered User is based
9.4. International Delivery
International Games are treated in accordance with term 3.11 (Right to Run Games Across Multiple International Platforms and Brands) and alternative Products may be sourced from outside of the host country in abiding by this term.
A Registered User will be deemed responsible for a delay in sending out a Product if he has not provided essential information the Company requires in Order to "finalize" it.
This term is intended to apply in situations such as if a Registered User wins or buys a computer game but fails to tell the Company which format he would like the game supplied upon.
This term is also intended to cover situations where a Registered User asks for a Product to be delivered to an address that is not verifiable or recognized. The Company, if it encounters problems with a given address, will require that the Registered User contact it.
9.6. Best Estimate Delivery Times
All delivery times given on the Web Site are estimates. All information regarding delivery time is non-binding. This does affect the Company's obligation to deliver Products. The Company works with trusted delivery partners to ensure the best possible service.
9.7. Damage during Delivery
If a Product arrives in packaging which has been clearly damaged during transit, the Registered User should refuse to take delivery of the Product. If deciding to take delivery in spite of damage to the packaging, and if the Product was delivered via a registered courier or postal service, the Registered User should add the words 'Damaged and not examined' above his signature.
9.8. Damage Affecting Enjoyment of Product
If a Product shipped to a Registered User is faulty or broken, and this damage is only revealed after unpacking the Product from its packaging, the Registered User must contact the Company with three (3) days to ask for a replacement Product to be shipped.
It is not necessary, under this term for the Registered User to have added the words 'Damaged and not examined' under section 9.7 if indeed the Damage was not visible before the Product was unpacked.
9.9. Three Day Deadline
The company does not accept responsibility for any damage of faulty goods once three (3) days have elapsed. The Registered User must immediately inspect any Product he purchases from the Company and raise the matter with the Company within three (3) days. If the Registered User does not contact the Company within the three (3) day period, the Product is, insofar as the Company is concerned, deemed to have been accepted. All Products shipped are new. The Registered User will retain all his statutory rights in relation to the purchase against the Product manufacturer, and the Company will assist in any way it can if the Registered User wishes to return the Product to its manufacturer.
9.10. Damages or Failures Due to Neglect by Registered User
The Company does not accept any liability for damage or failure of any Product due to neglect and/or misuse by a Registered User. In addition, no liability attaches to the Company for damage to a Product caused by accident or normal wear and tear.
9.11. Problems with Supply Chain
The Company may, in extremely rare situations, encounter difficulties in providing a particular Product notwithstanding having accepted an Offer to supply the Product. The Company uses reliable delivery partners and will make every effort to source the Product. In the event that its delivery partners report that they cannot deliver the Product within 30 (thirty) days to a Winning Bidder, the following actions will occur:
The Company will offer the Winning Bidder a substitute Product, which has comparable or better features than the original; and/or
The Registered User's statutory rights are not affected.
9.12. Products Lost In Transit
If a Product is lost in transit, a Registered User will contact the Company to claim either a replacement or a refund of the amount he paid, plus Shipping and Handling, within 7 (seven) days.
Section 10. Suspension
Suspension of a Registered User will only be taken in accordance with this section.
10.1. Reasons for Suspension
A Registered User will be suspended if:
he is found to have been in breach of any of the restrictions under 1.12.2 (Registered User Restrictions) when he agreed these Terms and Conditions; and/or
he has subsequently become in breach of any of the restrictions under 1.12.2 (Registered User Restrictions); and/or
Additionally, the Company will suspend a Registered User who:
it suspects is targeting the Company Web Site with spam e-mail, worms, viruses, electronic attacks including Denial of Service (See further Section 12 (Site Attacks))
Additionally, the Company may suspend a Registered User who:
has instituted a request through a third party Payment Provider for cancellation or refund of any order placed through the Payment Process, unless that Registered User agrees to pay the Administration Fee for this service; and/orhas refused to respond to an enquiry made by the Company, or has not responded within thirty (30) days of an enquiry made by the Company.
has indicated an intention to proceed with a Court claim against the Companyhas acted in any way from which it would be reasonably concluded that he has acted dishonestly. (See Section 3.16 (Obligation to behave honestly))
10.2. Effect of Suspension
A Registered User who is suspended will:
forfeit all Credits currently held in his account;
have his details passed to the Company's Fraud Investigation Department in order to determine whether there is enough evidence of Conspiracy to Defraud to involve the authorities;
be prevented from re-registering on the Company's Web Site; and
be prevented from further use of the Company's services.
Section 11. Site Attacks
11.1. Frequency of Site Attacks
On rare occasions, the Web Site may be attacked and, as a result, Bids may not be able to be processed. During an Attack, all bidding will be ceased and all squares will appear ‘non-active’.
11.2. Results of Site Attack
In the event a Site Attack results in an incorrect notification of a win, the Company will contact the Registered User who appears to have 'won' and will explain how and why his offer to buy the Product will not be accepted by the Company.
The Company cannot guarantee that all Registered Users will have continuous, uninterrupted access to its Web Site. Site attacks, different browsers, Internet connections, geographic location, power failures, network outages and numerous other factors are outside the control of the Company. The Company uses all reasonable endeavors to fulfill its obligations.
11.4. Site Attack Investigations
In the event the Company can identify elements of a Site Attack, and can identify a pattern in attendance on the Web Site which correlates with Site Attacks, the Company will liaise with the authorities. The Company will pursue legal action against anyone who targets its Web Site and Registered Users, in line with its obligations to ensure a level playing field.
Section 12. Requests For Refunds By Payment Providers
12.1. If Financial Institution Fails To Honor or Requests Return of Payment
If a Registered User completes the Payment Process, the Company assumes that the Payment Option selected will honour the payment in full, and will not request the return of that payment. In rare circumstances, this is not the case. The financial institution offering that Payment Option subsequently contacts the Company and orders that the payment be returned. This usually, although not always, occurs at the request of the Registered User.
12.2. Return Administration Fee
The Company will levy an Administration Fee if it is obliged to return payment to a Financial Institution. The current fee for this is £25.00.
The Company may suspend a Registered User who refuses to pay this Administration Fee.
Section 14. Any Claims
14.1. Legal Issues
A Registered User who believes he has a legal complaint against the Company will make contact with the Company in writing and explain his situation fully before incurring legal costs. If a Registered User does not make any contact with the Company, the Company will refuse to cover any legal costs expended should it later attempt to reach an agreement to settle.
A Registered User who is in legal dispute with the Company has a right in law to Counterclaim. This Counterclaim will be restricted to the contractual relationship on which these Terms are based, without prejudice to the Registered User's statutory rights.
14.3. Liability for Reimbursement of Legal Expenses
Liability for reimbursement of legal expenses shall likewise only be assumed in accordance with the stipulations above.Liability for damage arising from loss of life and limb, health, or wellbeing, and that according to product liability law shall not be affected hereby.