It is also important to note that we reserve the right to modify, change, add or remove any part of the terms and conditions at any time without recourse to anybody. Such modifications take immediate effect upon being posted on our website, whether with notice or not. It is advised that care should be taken to visit our site and check the terms and conditions regularly for updates, as your continued use of the site following posting of changes of the terms and conditions constitute and acceptance of the said changes. Consequently, we advise that where there is vague understanding of the terms and conditions, effort should be made to contact us for clarification. Also important to note, is that the terms and conditions express herein governs the use of our site and no extrinsic evidence, whether oral or written would be incorporated.
Terms express herein apply exclusively to the business relationship between us, our Site and our users. Our acceptance of your application for registration on our site is on the basis that you agree to the terms which give you the status of a registered user. These terms will apply to any contract between us and the Registered User for the purchase of credit packages, Sales of Products and/or the bidding on any of our products. It is also advised that you may print the terms express herein or save them to your computer for future references.
We operate this auction site for registered users to bid on our products and we work in the following way:
Registering a "Bid9ja.com Account
To use this service, you must be a Registered User. You can apply to register an account with us by clicking on the "Register Now" button. We do not allow more than three (3) accounts from same address or IP, or you may only register one account for per person per household but not exceeding three (3) people in a household. Your residential address must not be within Nigeria. It is also important to note that registration using P.O. Box or its equivalent is not permitted. It must be a residential postal address because the address would be used to ship any Products you purchase from us.
To register, you must choose an appropriate username, which must not be offensive, infringe the rights of third parties, deceive or mis-inform other users. Your username will be displayed on our Site alongside any Product you bid on, including finished auctions where you are the Last Bidder. For security reasons, it would be advisable for you not to use your full name or any other personal details identifying you if you do not want these to be displayed on Our Site. We reserve the right to delete or amend, without notice to the Registered User, any username which breaches these Terms and Conditions.
You will also need to choose a password to obtain access to our login area. You agree to:
You shall be liable for all activities that are undertaken using your Registered User account. If you think someone else has obtained your account details, let us know and we will deactivate your account as quickly as possible.
By accepting these Terms you confirm that you are over the age of 18 and eligible to use Our Site. You warrant that you have the right, authority and capacity to enter into this agreement and to abide by all of the Terms. You are prohibited from using bidding software not authorized by us and doing so will result in immediate suspension from use of Our Site. It is also important to note that our employees and relatives of our employees are not permitted to register an account for the purposes of bidding on our Products.
Our Product and Services are offered exclusively to private users and not to commercial re-sellers. We reserve the right to exclude commercial resellers or suspected commercial resellers from auctions, and such use will be deemed a breach of these Terms. Any credits purchased will be void and would not be eligible for a refund. If a Registered User is in breach, we may also close the Registered User's account, and any remaining credits held to that account may be forfeited.
Please note images of Products on Our Site are for illustration purposes only.
Credits must be purchase and paid for by a Registered User prior to bidding in our auctions. Credits can be purchased in credit packages at the current applicable prices, details of which may be viewed on Our Site under the Select Plan" page. Payment can be made via a payment gateway such as Interswitch or PayPal depending on what is available at your location. Please see out FAQ page for commonly asked questions on our payment procedures. Should payment not be made for whatever reason, a returned payment fee of subject to the value of order will be charged to the Registered User's account and the Registered User will be responsible for these fees. We reserve the right to suspend access to a Registered User's account and prevent that Registered User's activity on our Site until payment (including any returned payment fees) is received in full.
A contract for the purchase of a credit package is formed on our receipt of full payment of the total price of the credit package and your tracking number is your invoice number.
Credit/Token Package Refunds
A Registered User has a right to cancel and receive a refund on any purchase of credit packages before they are credited to their account.
If a credit package has already been credited to a Registered User's account and provided no credits have been used, the Registered User will have a period of 4 (4) working days in which they may cancel their purchase. The 4 working day "cooling off period" starts from the day after credits have been credited to a Registered User's account and ends on the placing of a bid and using a credit or the lapse of 4 working days whichever is the sooner. A Registered User's right to cancel only applies to unused credit/token packages, meaning no bids must have been placed nor any credits/tokens used. Working days means that Saturdays, Sundays or public holidays are not included in this period.
Please remember that bid packs/tokens are a virtual item therefore are classified as intangible and are not eligible for refund unless covered by section 4 of our terms & conditions. Your tracking number is your invoice number for all bids, credits, and tokens.
We will process the refund due to the Registered User as soon as possible; usually we expect to make the refund within 30 calendar days of the day on which the Registered User gives us notice of cancellation. Refunds will be made at full value of initial purchase and we will refund the Registered User via the method the Registered User used in the payment.
You must contact our Customer Services through contact us page on the website or e-mail us at email@example.com if you wish to notify us of cancellation, and we may also provide you with a refund in the following circumstances:
Credit packages should be paid via the payment gateway or using any other payment method specified on the website; a registered User must confirm his offer to buy a credit package by completing an on-line checkout. All credit packages prices are displayed inclusive of VAT.
Contract for the Purchase of a Credit Package
A contract for the supply of the credit packages comes into being with the Registered User:
After which, the following steps occur:
A contract is created between the Registered User and Bid9ja.com 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 with paid Credits to the value of the Credit Package purchased. Bought Credit Packages are provided as a service allowing you to bid on Auctions. The contracts in respect of them cannot be cancelled under the Distance Selling Regulations 2000 unless no credits in respect of that service have been spent. By spending any credit from a bought package, a Registered User waives his right to cancel the respective purchase.
We may offer "free" bid promotions, including "refer-a-friend" offers. Any "free" bids are only valid for the time stated in the promotion. The promotion credit must be used up before any paid credits would be automatically activated for use. Please refer to the promotional material for expiry limits on promotional bids. Upon expiration of the permitted time period, the "free" bids will expire and can no longer be used. If you win an auction with a "free" bid you will be required to pay the Total Price for the Product.
Registered user may use the automatic biding system which allows placing bids without further action. This tool allows a Registered User to place instructions to commence bidding within a certain parameter. For example; placing a bid to start at a certain bid count and to bid for a given number of times. This tool is intended to be used as an alternative to manual bidding. The tool will automatically stop placing bids for a Registered User if:
Complete instructions on our automatic bidding tool are available on our site and accessible here.
Auction Products and Promotional "free-to-bid" – Obligation to pay on placing the Last Bid
Placing bids on Products constitutes a Registered User's willingness to enter into a binding contract with us. A bid submitted by A Registered User, whether by using our automatic bidding tool or manual bid, constitutes an offer to purchase the Product and a bidding contract is created with the Last Bidder for a product when the Auction Finishes. By placing the Last Bid, the Last Bidder will be under an obligation to pay to us the Total Price within 4 days of the Auction Finish. The title to the Product shall pass to the Last Bidder on full payment of the Total Price.
Failure to make payment to us within this time frame will result in a breach of the contract to buy the Product. The Last Bidder's right to pay for and receive delivery of the Product will be permanently revoked. We also reserve the right to take action to recover any loss that follows that breach, including the right to resell or otherwise dispose of part of all the Products. Again, we also reserve the right to retain the Product purchased at auction until the Total Price has been paid for in full.
The product will be sent to the address provided by the Registered User. The Registered User's order will be fulfilled by the estimated delivery data set out in the Dispatch Confirmation. If we are unable to meet the estimated delivery date because of an event outside our control, we will contact you with a revised estimated delivery date.
We aim to have Products delivered within 30 days from the Auction Finished or from the day of the Order (in both cases, provided you have made full payment). If your product has not arrived within 30 days of either placing your order or the auction finishing, please contact us at firstname.lastname@example.org.
Delivery will be completed when we tender delivery of the Products to the Registered User's address stored on our system at the date of dispatch. The products will be the Registered User's responsibility from delivery. It is also important to note that if no one is available at the Registered User's address to take the delivery; our courier will leave further instructions. The Registered User must take delivery of the products within 10 working days of as second attempt to deliver them. We reserve the right to resell or otherwise dispose of part or all of the Products not delivered.
Product Returns, Cancellations and Faulty products.
A contract for the purchase of goods is one by auction sale and is exempt from the Consumer Protection (Distance Selling) Regulations 2000 ("DSRs"). We therefore do not offer a right to cancel for products purchase via Our Site by auction. To cancel a contract, please contact us at email@example.com. You may wish to keep a copy of your cancelation notification for your own record.
Please note that this cancellation right does not apply in the following cases:
Advice about our legal right to cancel a contract is advisable from your local citizen's Advice Bureau or Trading Standards Office.
In the event that you receive a Product that is faulty or damages on transit, we may arrange for replacement Product to be delivered to you. You must notify us of any damage within (two days of delivery) and ensure that the original faulty or damaged Product is returned to us within 30 days of receiving the product and returned with its original packaging. If you have a faulty or damaged Product please contact Customer Services telephone line or e-mail us at firstname.lastname@example.org.
Please note we will not replace products as a result of the following:
Any special promotions run by us will only be valid if they are announced on Our Site or in any other marketing material sent by us to you. Such promotional benefits are not transferrable. Promotions can include one-for-one offers, promotions which give prizes and promotions that give a percentage (%) of extra credits upon purchase of a particular credit package. Certain promotions will only be valid for a limited time, details of any such time restrictions will be announced on Our Site or in any other marketing material issued by us to you. Where promotions are Product specific, the promotion would finish at the Auction Finish.
A Registered User may be contacted for additional promotional opportunities. We will not share your information for marketing purposes or publish for example, a photograph of a Last Bidder, unless you have given us permission to do so.
We reserve the right to suspend temporarily or permanently disable a Registered User's account at any time, at our sole discretion. Suspension will occur where there is reasonable suspicion or opinion the Registered User has violated laws, breached the terms and conditions and/or the rights of third parties. Suspension may also occur if we suspect there is illegal activities going on in an account. We also reserve the right to suspend the account without providing a Registered User with an explanation until authorized by law enforcement authorities to do so, or when it is reasonable to do so.
A Registered User may also be suspended from Our Site to protect the rights of other users where such action would prevent the unauthorized or manipulation of the account. Examples of such unauthorized use are, but are not limited to, non-payments of bids, non-payments of Product(s) won in an auction, collusion, use of unauthorized third party bidding software, setting-up of multiple user accounts by the same individual.
Collusion includes, but not limited to, two or more Registered Users working as a team to the detriment of other bidders. We reserve the right, in our sole discretion, to suspend such Registered Users if we suspect they are working as a team; hence any form of collusion on our site is strictly forbidden.
If a Registered User is suspended, we reserve the right to withhold delivery of Products or crediting an account (where applicable). In the event of suspension, the account(s) will be frozen until such time the management deemed it reasonable to reopen the account. In these circumstances, we reserve the right to deactivate the Registered User's account and to have any paid-for credits voided. No frozen funds or bids will be returned or transferred into other accounts and a Registered User may be prevented from re-registering with our site.
If we fail to comply with these Terms, we would be responsible for loss or damage you suffer that is reasonably foreseeable as a result of our breach. Loss or damage is foreseeable if they were an obvious consequence of our breach if they were contemplated by the Registered User and us at the time the Registered User agreed to these Terms.
We only supply the Products for domestic and private use. The Registered User agrees not to use the Product for any commercial, business or resale purposes. We will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these for any loss of profit, loss of business interruption, or loss of business opportunity.
A Registered User acknowledges that to provide some services, including our automatic bidding tool service and to deliver your product to a Registered User, we will use third party services and Products. A Registered User acknowledges and agree that if at any time and for any reason we are not able to use the third party services and/or Products (e.g. without limitation, because the third party services and/or Products are withdrawn from our use by such third party) or for any other reason beyond our reasonable control we may suspend the provision of such services, or at our option, terminate this agreement with immediate effect by sending notice of such termination to the email you provided. A Registered User acknowledges and agrees that we shall have no liability to a Registered User in respect of a suspension or termination of such services in accordance with this paragraph 12.
A Registered User agrees that our total liability to a Registered User in Contract, tort (including negligence and breach of statutory duty), misrepresentation, and/or otherwise arising under or in connection with Terms and/or the supply of Products shall be limited to the amount the Registered User has actually paid us in relation to a particular product.
Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statutes, common law or otherwise is excluded to the fullest extent permitted by law.
Nothing in these Terms shall operate to limit or exclude liability for:
Failure of our Automatic Bidding Tool
Subject to paragraph 12(vi) we will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our control including but not limited to:
Temporary Halted Auctions – Site Attacks and System Error
A system error will be deemed to have occurred if no bids can be submitted for Products or if no credits can be accepted due to an unforeseeable disruption in our operating system. When a system error occurs, auctions will be halted temporarily until such time as the disruption is resolved.
The time on the auction countdown timer, the current price and the current highest bidder will be maintained. The auction will continue once the error has been resolved. Temporarily halted auctions will be clearly indicated on Our Site. Bids placed on temporarily halted auctions will not be credited back to the Registered User's account or refunded unless we are at fault and/or felt a refund would be an appropriate and fair response to a given event. If a site attack occurs, any auctions which are counting down are immediately paused until the issue is rectified. We may lengthen or shorten our countdown timers as appropriate.
Whilst we cannot guarantee that a Registered User will have continuous access to Our Site we will use all reasonable endeavours to fulfil our obligations. A Registered User agrees that our total liability to a Registered User in contract, tort (including negligence and breach of statutory duty), misrepresentation, and/or otherwise howsoever arising under or in connection with these Terms and/or the supply of Products and/or Services shall be limited to the amount the Registered User has paid us in relation to a particular Product or Service.
All trademarks appearing on Bid9ja.com are the property of their registered and/or their respective owners.
We may revise these Terms from time to time in the following circumstances:
Every time your purchase credit packages, order products and/or on any of our Products, the Terms in force at that time will apply to the contract between you and us. Your continued use of Our Site constitutes agreement with and acceptance of any such amendment or other changes to these Terms.
If any provision of these Terms and Conditions is found by any court administrative body of competent jurisdiction to be invalid or unenforceability shall not affect the other provisions of these Terms and Conditions which shall in full force and effect.
In such instances, the part declared invalid or unenforceable shall be amended in a manner consistent with the applicable law to reflect, as closely as possible, Bid9ja.com's original intent.
Complaints and Suggestions
If you wish to make any complaint or suggestions regarding the Company, the website or the services offered, as a first step you should contact our Customer Services or send us an email through email@example.com. The complaint shall be assigned to an advisor that will help you to resolve your concern immediately. Should the complaint not be resolved by your advisor instantly, as expected a response shall be provided to you through internal message or email through the customer service advisor who will communicate to you on the final decision.
Every claims, suggestions or complaints should be forwarded to the customer service in written form via internal message or email and we hope to resolve all your complaints on or before 30 working days.
There may be occasions where a bid is confirmed or products delivered in error. The list may be inexhaustible, or in all cases Bid9ja.com reserves the rights to cancel all the bids confirmed or ask for a return of any product delivered to the wrong Registered User.
The Registered User has an obligation to inform Bid9ja.com as soon as possible of any bid that is confirmed wrongly or product delivered to the wrong Registered User.
Other Important Terms
Your use of Our Site and/or its content creates no partnership, client, fiduciary or other professional relationship. You may only transfer your rights on your obligations under these Terms to another person if it is agreed writing between us and the Registered User.
This contract is between you and us. No other person shall have the rights to enforce any of its terms, whether under the contracts (Rights of Third Parties Act) 1999 or otherwise.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights, and will also not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we automatically waive any later default by you.
These terms are governed by the laws of Federal Republic of Nigeria. A contract for the purchase of Product through Our Site and/or any dispute or claim arising out of or about these Terms shall be subject to the exclusive jurisdiction of the Nigeria Court.
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