Welcome to the User Agreement of www.bidbuydate.com and BidBuyDate Ltd. You must read and agree to these Terms & Conditions before you register, bid or submit an auction on our site and in some instances before you register as this is a legally binding Agreement between You and Us for the condition of the Service and shall come into effect on Our acceptance of Your application for membership. These Terms & Conditions govern your use of the BidBuyDate domain and sub-domains. Please read them carefully before registering on this site as they effect your rights and liability under the law. By registering to BidBuyDate's site, you are agreeing to its terms. If you do not agree to our Terms & Conditions, please do not register for the site. If you do not abide by our Terms & Conditions you may no longer use our services. In these Terms & Conditions “we”, “us” and “our” means BidBuyDate Ltd and “you” means the individual who is using the site.
1. T&C Recommendation
a) You must read, agree with and accept all of the Terms & Conditions contained in this User Agreement, which includes those Terms & Conditions expressly set out below and those incorporated by reference, before you may register as a user of the Site.
b) We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages referred to in this document, as they contain further Terms & Conditions which apply to you as a BidBuyDate user.
2. FAQ's
a) If you have any questions that is not covered in this Terms & Conditions page please refer to our Frequently Asked Questions page which will be updated frequently.
3. Amendments
a) This agreement is subject to change at any time, and changes are effective upon posting.
b) Bookmark this page and check it frequently as it is up to you to refer to this page for any amendments/changes to the original agreement.
c) If you do not wish to accept the new terms & conditions you should no longer continue to use the site. If you continue to use the site after the date the change comes into effect, your use of the site indicates your agreement to be bound by the new terms & conditions.
4. Availability of the site
a) Although we aim to offer you the best possible service, at times the Site may be restricted to allow for repairs, maintenance or the introduction of new facilities or services. We promise you that we aim to minimise these interruptions and we will do our up-most to avoid any unnecessary problems.
5. Provision of Information
a) When registering with us and before making any bids or placing yourself for auction on BidBuyDate Ltd you will need to provide us with your name, address, telephone number, email address and credit/debit card details. We will use these details in accordance with our privacy policy . You must ensure that the details are correct at the time given.
b) You must inform us of any changes in your details immediately.
6. Non-Commercial Use by Members/Viewers
a) The BidBuyDate Ltd sites is for personal use of individual members and viewers only and may not be used in connection with any commercial endeavours, Organisations, Companies, and/or businesses and may not become members of this site and shall not use BidBuyDate's service or site for any purpose including but not limited to: sending unsolicited commercial e-mail to members, sending advertisements for other web sites and services in this site's chat rooms, or using member personal identifying information for commercial purposes.
b) Illegal and/or unauthorised uses of the site, including unauthorised framing of or linking to the site or the sending of unsolicited commercial email will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress and/or termination of membership at BidBuyDate's Ltd sole discretion.
c) In order to prevent the sending of unsolicited commercial email or chat messages to its members, BidBuyDate Ltd may take reasonable steps, including the limiting of the numbers of emails or chat messages sent or received by a member and electronically filtering or throttling or terminating email and chat messages at BidBuyDate's Ltd sole discretion.
7. Prices/Fees
a) All prices are stated in Pound Sterling.
b) Prices include VAT, although on some services, such as texting via mobile phone, phoning via mobile phone, texting from landline phone, phoning from landline, 3G/Video messaging, Internet connection fees have their own standard network charges which will be added onto Our costs and Not included.
b) The price of the service shall be shown on our Help & Information page on the web site.
c) Any changes in the prices will be shown on our Help & Information page on the site.
d) You shall pay all sums due to Us under this Agreement by the means of the payment specified in Our Web Site and without any set-off, deduction, counterclaim and/or any other withholding of monies.
e) Payment shall not be deemed to be made until We have received either cash or cleared funds in respect of the full amount outstanding.
f) Either party may terminate this Agreement, the membership at any time, for any reason. Termination of the agreement by either party will be effective via notice being given on our Termination page.
g) If You (the auctioneer) terminate or are terminated by Us (BidBuyDate Ltd), Your basic insertion fee for the current auctions (if any) are for free, but for any additional insertions (please see price list for full list of extras) will not be refunded.
h) If you have won an auction and paid monies but not completed the transactions or used Our services and We or You terminate your membership for any reason We will refund 90% of the money you paid. We hold 10% for the administration fee.
i) If You or Us terminate your agreement/membership whilst you are bidding or have a running auction, the bid/auction will automatically be cancelled.
8. Registration
a) You will not post your personal details such as Your telephone number, address and/or email address or URL in Your profile or any other information which would allow other members and/or users to contact You directly, by doing so will result in termination of your membership with no notice given.
b) You will not transmit and/or post information, pictures and/or any other material which breaches, infringes, violates and/or is contrary to any lay, by-law, statute and/or regulation or any other parties rights in (including but not limited to Intellectual Property Rights and/or Privacy Rights)
c) You will not use the site to promote another site, service and/or business in any way including but not limited to posting any personal e-mail addresses, URL's and/or other personal telephone numbers in Your profile.
d) You will not solicit other members' business, buy or sell products and/or services through BidBuyDate Ltd.
e) You will not misuse in any way the service or any information posted on the site.
f) You will not attempt to gain unauthorised access to any information available on the site or to any of the networks used in providing the service.
g) You will not Post and/or reproduce in any way any information and/or material in which the Intellectual Property Rights belong to another party without first obtaining the prior consent of the owner of such rights;
h) You will not copy, in whole or in part any of the information on the Web Site (including, but not limited to any information contained in other Members' Profiles) other than for the purposes contemplated in this Agreement;
I) You will not Post any chain letters and/or junk e-mail to other Members;
j) You will not in any way assign, transfer, part with and/or authorise any other person to use, Your membership;
k) You will not transmit and/or Post and/or email to another Member any information, pictures and/or any other material, which in the opinion of the site administrator is racist, abusive, threatening, libellous and/or obscene;
l) You will not transmit and/or Post and/or email to another Member any information, pictures and/or any other material, which in the reasonable opinion of the site administrator is capable of offending other Users' political and/or religious beliefs.
m) You acknowledge that other Users will be able to view Your Profile.
n) You understand that We may copy and/or reproduce any information Posted by You on the Web Site in any form and in any manner We wish.
o) If You Post and/or disclose to other Users any confidential or sensitive information about Yourself then You do so entirely at Your own risk and if you violate the Terms & Conditions we have set out this could result in the termination of your membership with no notice given.
p) You will be able to view the details and profiles of other Members.
q) You warrant and represent to Us that all information Posted by You:
• is accurate, true, complete and is not misleading; and
• will be regularly updated by You so that it remains accurate, true, complete and not misleading.
r) We reserve the right to review Your Profile from time to time and to amend and/or delete it if We, in Our sole discretion, think that it should be amended and/or deleted.
9. Termination of Contract
a) BidBuyDate Ltd reserve the right to terminate your access to the site for any reason or for no reason.
b) BidBuyDate Ltd may terminate your membership upon sending you notice at your email address you provide in your registration or other such emails you may have later provided us.
c) If BidBuyDate Ltd terminates your membership because you have breached this agreement, those members bidding will only be entitled to 90% refund if the PIN code has not been exchanged yet, and those member auctioneering will not receive any refunds for the extras inserted on their auction.
d) We reserve the right to monitor and at Our option to remove for any reason any information, photographs and/or other material posted by You.
e) We shall have the right to refuse to register applications for membership and to terminate memberships at any time.
f) We reserve the right to terminate your membership and/or put restrictions on your account if You fail to make payment to Us when due.
g) We reserve the right to terminate and/or restrict your membership if You fail to provide Us within the time limit requested by Us with sufficient information to enable Us to determine the accuracy and/or validity of any information Posted by You.
h) We reserve the right to terminate and/or restrict your membership if in Our reasonable opinion, any information Posted by You is damaging or potentially damaging to the interests of Our business.
10. Rights to Cancel & Refunds
a) In the event that you cancel a date or winning bid for no valid reason BidBuyDate Ltd will not issue you with a refund as you have 3 months after the auction has completed to meet the person's you have bid for. If the other party does not respond to you or meet you when times have been arranged and agreed then we will issue you with a 90% refund which will be refunded onto the credit/debit card that you registered your account with.
b) In the event that you (the winning bidder) are not happy with how the date progresses we will not issue you with any sort of refund but you will have the option of leaving the other party feedback, as long as you have given them the “PIN code”. By giving them the “PIN code” the feedback forum becomes two-way.
c) If the “PIN code” is not given to the other party then they will be unable to claim their 50% winners fee which could result in negative feedback given to you by the other party. If they do decide to leave you negative feedback for this reason or any other reason, you will still not have the power to leave them feedback. This would be because the “PIN code” has not been given. This gives the other party assurance that the winning bidder will meet them.
d) If You have placed yourself on auction with only the basic insertion You will not have the power to leave the winner feedback of any sort. If your insertion contains extras, this gives You (the auctioneer) the power the winning bidder feedback without receiving the PIN code.
e) Any complaints need to be made within 4 months of the auction end. After this time has passed we will consider the outcome to be successful.
11. INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY
a) All Intellectual Property Rights in the Service shall be owned by Us absolutely.
b) You warrant and represent to Us that the information Posted in Your Profile is Posted by You and that You are the sole author of Your Profile. You assign to Us with full title guarantee all copyright in Your Profile.
c) You waive absolutely any and all moral right to be identified as author of Your Profile and any similar rights in any jurisdiction.
d) You agree that You will keep confidential and not use, except for purposes contemplated by this agreement, any and/or all information relating to the Service which may be disclosed to You or which You may learn, except where such information is public knowledge or it is required to be disclosed by law.
e) We will use Our reasonable commercial endeavours to keep Your personal details such as Your surname, real e-mail address and credit card number(s) (where relevant) confidential and will not disclose such information, except where such information is public knowledge or it is required to be disclosed by law.
f) BidBuyDate Ltd owns and retains all propriety rights in the website and the service. The website contains the copyrighted material, trademarks, and other propriety information of BidBuyDate Ltd, and its licensors.
g) Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
12. USE OF THE SERVICE
a) The Web Site is merely a forum for Members to Post information about themselves and to auction themselves for a date or use Our other services such as email, text SMS, 3G/Video Messaging, Web Cam.
b) BidBuyDate Ltd allow You to make contact with other Members through use of the Service if You choose to do so and if they choose to accept, as they have the right to limit the people who can contact them via Our Site.
C) You should be aware that information Posted by other Members on their profiles are only a description of how they describe themselves and You should not assume that the information contained in any profile is necessarily correct and accurate.
d) We do not have an opportunity to check that the profiles are correct and not misleading. We do not make any representation or warranty that the information contained in any profile is accurate and We are not under any obligation to verify any information contained in any profile.
e) Before acting on any information contained in any profile or on any information received by You through Your use of the Service, You should at Your own cost and expense, carry out such investigation as You think is necessary to satisfy Yourself of the truth and accuracy of such information.
f) If You arrange any meetings with any person through Your use of the Service then You do so at Your own risk. You should take such precautions as You deem necessary to ensure Your own safety, e.g. meet in public places preferably somewhere that has CCTV close-by, always inform someone of your whereabouts and always carry a mobile phone with you.
13. LIMITATIONS ON LIABILITY
a) We shall have no Liability for any defect in the Service caused or contributed to by You and/or any other Member.
b) We shall have no Liability to You if any monies owed by You to Us have not been paid in full by the due date for payment.
c) You shall give Us a reasonable opportunity to remedy any matter for which We are liable before You incur any costs and/or expenses in remedying the matter Yourself. If You do not do so We shall have no Liability to You.
d) You shall produce to Us written evidence of any claims for which it is alleged that We are liable together with written details of how any loss was caused by Us and the steps You have taken to mitigate the loss before We shall have any Liability for the claim by You.
e) We shall have no Liability to You to the extent that You are covered by any policy of insurance and You shall ensure that Your insurers waive any and all rights of subrogation they may have against Us.
f) We shall have no Liability to You arising out of Your use of the Service and/or Your reliance on any information and/or other material Posted on the Service or Posted to You by other Members.
g) It is possible for other Users and/or unauthorised users to obtain and misuse information about You as a result of Your use of the Service. We shall have no Liability to You arising out of any Member's and/or unauthorised User's misuse of information and/or other material Posted by You on the Service and/or to other Members.
h) We shall have no Liability to You for any:-
• consequential losses (including but not limited to loss of profits, damage to goodwill, damage to reputation, loss of data, loss of programs and/or service interruptions);
• economic and/or other similar losses; and/or
• special damages and indirect losses.
I) You shall be under a duty to mitigate any loss, damage, costs or expenses that You may suffer.
j) Each of the limitations and/or exclusions in this Agreement shall be deemed to be repeated and apply as a separate provision for each of:
• Liability for breach of contract;
• Liability in tort (including negligence); and
• Liability for breach of statutory duty
k) Nothing in this Agreement shall exclude or limit Our Liability for death or personal injury due to Our negligence or any Liability which is due to Our fraud or any other Liability which We are not permitted to exclude or limit as a matter of law.
l) Nothing in this Contract shall exclude or limit any of Your statutory rights which may not be excluded or limited due to You acting as a consumer.
m) We shall have no Liability to You for any delay in performance of this Service and/or any other matters to the extent that such events and/or matters are due to any events outside Our reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
14. Copyright Policy
a) You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
b) BidBuyDate Ltd Copyright Agent for notice of claims of copyright infringement can be reached as follows: Companies House, Crown Way, Maindy, Cardiff, CF14 3UZ.
15. INDEMNITY
a) You agree to indemnify and keep indemnified Us against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration costs and legal costs on a full indemnity basis), claims, actions and any other losses and/or liabilities suffered by Us and arising from and/or relating to Your use of the Service, information and/or other material Posted on the Service by You and/or arising from or due to any breach of contract, any tortuous act and/or omission and/or any breach of statutory duty by You.
16. GENERAL
a) All third party rights are excluded and no third parties shall have any right to enforce this Agreement. This shall not apply to members of Our group who shall have the right to enforce this Agreement as if they were Us. Any right of a third party to enforce this Agreement may be varied and/or extinguished without the consent of the any such third party.
b) No waiver by Us of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
c) This Agreement contains the entire agreement between You and Us. If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
d) This Agreement is governed by and interpreted in accordance with English law and the parties agree to submit to the non-exclusive jurisdiction of the English courts.
17. Excluded Services
a) The services provided by the site do not include the provision of computer or other necessary equipment to access the site.
b) To use the site you will require Internet connectivity and appropriate telecommunications links. We shall not be liable for any telephone or other costs that you may incur.
18. Eligibility
a) You must be eighteen years old or over to register as a member of or use this site.
b) Membership in the service is void where prohibited. By using and/or viewing this site, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the terms and conditions of this agreement and that you are at least 18-years old who are interested in and wish to have access to a possibility to visual images, verbal and written descriptions and audio sounds of a sexually oriented, and frankly erotic nature.
c) The materials, which are available within this site may possibly include graphic visual depictions and descriptions of nudity and sexual activity and should not be accessed by anyone who is younger than 18-years old or who is offended by such materials or who does not wish to be exposed to such materials.
d) By becoming a member and entering this site you are voluntarily choosing to do so, because you want to view, read and/or hear the various materials which are available, for your own personal enjoyment, information and/or education.
e) Commercially available parental control protections (such as computer hardware, software, or filtering services) may assist you in limiting access to material that is harmful to minors.
f) You must not permit any person(s) under 18-years of age to have access to any of the materials contained within this site.
g) You represent and warrant that you have not and will not use and/or view the site in a restricted location - namely a place, country, or location in which doing so would, or could be deemed a violation of any law, regulation, rule, religion, order, act or custom.
h) You warrant and represent to us that you have not been convicted of any offence relating to violence and/or any offences under the Protection from Harassment Act 1997 (or under any statutory enactment replacing and/or amending such Act); and/or
I) You have not been subject to any injunction or any order to pay damages under the Protection from Harassment Act 1997 (or under any statutory enactment replacing and/or amending such Act).
j) You may not use the site for any of the following purposes:
• Distribute any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, otherwise objectionable material;
• Broadcasting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or codes of practice;
• Gaining unauthorised access to other computer systems (I.e. Hacking);
• Interfering with any other persons membership on the site;
• Breaching any laws relating to the use of public telecommunications networks;
• Interfering or disrupting networks or websites associated to the site; and
• Producing, transmitting or storing electronic copies of the materials protected by copyright without the permission of the owner.
k) You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgement by a court of competent jurisdiction and all settlement sums paid by us as a result of any settlement agreed by us arising out of or in connection with:
• Any claim by any third party that the use of the site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
• Any claim by any third party that the use of the site by you infringes that the third party's copyright or other intellectual property rights of whatever nature; and
• Any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the site by you.
20. BidBuyDate Ltd Liability
a) The site is provided by us without any warranties or guarantees. You must bear the risks associated with the use of the Internet.
b) The site provides content from other Internet sites or resources and while we try to ensure that the material included on the site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case.
c) We will not be responsible for any errors or omissions or for results obtained from the use of such information or for any technical problems you may experience with the site. If we are informed of any inaccuracies in the material on the site we will attempt to correct the inaccuracies as soon as we reasonably can.
d) In particular, we disclaim all liabilities in connection with the following:
• Incompatibility of the site with any of your equipment, software or telecommunications links;
• Technical problems including errors or interruptions of the site;
• Unsuitability, unreliability or inaccuracy of the site; and
• Inadequacy of the site to meet your requirements.
e) You agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the site.
f) Nothing in these Terms & Conditions shall exclude our liability for personal injury or death caused by its negligence.
g) Our acceptance of an order takes place at the end of auction, at which case your purchase contract will be made and you will be charged for your order.
21. Member Disputes
a) You are solely responsible for your interactions with BidBuyDate Ltd members.
b) BidBuyDate Ltd reserves the right, but has no obligation, to monitor disputes between you and other members.
22. Advertising and Sponsorship
a) Part of the site may contain advertising and sponsorship. Advertisers and Sponsors will be responsible for ensuring that material submitted for inclusion on the site complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship.
23. Governing Law
a) These Terms & Conditions are governed and construed in accordance with the laws of England. You agree that the English court shall have exclusive jurisdiction but we may use another court if We choose.
b) Unless otherwise specified, the site is directed solely at individuals from the UK. If you choose to access the site from locations outside the UK, you do so on your own initiative and are responsible for compliance with local laws.
24. Privacy Policy
a) Use of the BidBuyDate site and/or the service is also governed by our Privacy Policy.
25. Disputes
a) If there is any dispute about or involving BidBuyDate Ltd You agree that the dispute will be governed by the laws of England without regard to its conflict of law provisions.
26. Miscellaneous
a) You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
b) If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
c) We shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.
d) A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right to remedy of a third party which exists or is available apart from the Act.
e) The Site is owned and operated by BidBuyDate Ltd a company registered in England and Wales whose registered office is at info@bidbuydate.com. |
