TERMS & CONDITIONS

1. General

In these terms and conditions, "we", "us" and "our" means EZY-BID.COM. Please read these terms and conditions carefully as they apply to your use of our website at http://ezy-bid.com (Ezy-bid the “Website”). By using this website or becoming a member of this website, you agree to be bound by these terms and conditions.

At Ezy-bid we may revise these terms and conditions from time to time. If you do not agree to those revisions, you may cancel your membership by contacting us at support@ezy-bid.com

2. Membership

You must be a registered member of this Ezy-bid website to take part in the auctions conducted on this Website. Membership of this Website is subject to the following terms and conditions:

(a) Membership of this Website is only open to individuals aged 18years or older. By joining this Website, you undertake that you are at least 18 years of age;

(b) Membership of this Website is not open to Ezy-bid employees, the immediate family members of Ezy-bid employees, or the members of Ezy-bid employees’ households;

(c) Membership of this Website is only open to individuals for their own personal use. Membership is not open for commercial purposes, including retailers;

(d) Ezy-bid reserves the right to restrict users from bidding if Ezy-bid suspects that a user is buying the products for retail purposes. Ezy-bid also reserves the right not to ship products to such users;

(e) Membership of this Website is open to worldwide. Merchandise purchased by members will only be supplied to members who provide a local address for their credit card, Paypal account;

(f) an individual may only register one membership;

(g) Ezy-bid reserves the right to restrict the number of accounts per user and/or IP address, physical address, e-mail address, etc.;

(h) Only one account is allowed for each street address. Each user can only register once with his/her street address (P.O. boxes or similar arrangements are not permitted) and can only have one account. In addition, users must not provide misleading information on registering;

(i) you must not choose a member name that is in any way indecent, insulting or intended to deceive or mislead other users or a member name that advertises other websites or goods or services; and

(j) Membership is not transferable. In particular, you must not allow others to use your membership and you must not transfer or sell your membership to another person. You must maintain control of your member name and password and are responsible for any action taken while logged in as a member. You agree to notify us immediately if you become aware of any unauthorised or improper use or disclosure of your member name and password, in which case we will issue you with a new member name and password.

3. Fees

(a) The auctions conducted on this website enable members to place bids on auctions for certain goods (“Merchandise”). In order to place a bid on an auction, a member must pay a fee for each bid. The fee may be varied by us from time to time. Such fees must be paid by you in advance by using our “purchase bid package” facility. Any variation to our bid fees will not apply to any unused bids you have purchased in advance. Ezy-bid is not responsible for technical problems at the supplier of the payment solution.

(b) We also provide members with the opportunity to purchase Merchandise directly by selecting the “Buy Now” option offered in connection with each auction. This option may be selected at any time during, or for an hour period following after the auction closed, each auction. If you select this option after the auction closed, you may purchase the Merchandise for the “value” specified less the fees charged for any bids you have placed in connection with that Merchandise. No additional fees except potential Shipping and Handling fees are charged in connection with the “Buy Now” option.

(c) You may request a refund of the fees paid in advance for bids that you have not yet placed at any time. However, unless you select the “Buy Now” option or as otherwise expressly stated in these terms and conditions, any fees paid for any bids you have placed are not refundable.

4. Auctions

a. These terms and conditions apply in the same way whether you place bids manually or by using the Ezy-bid facility.

b. You agree to pay any and all fees required in connection with any bids placed by you, as described under clause 3.

c. With each bid placed the price of the Merchandise increases by a pre-set amount (usually 0.01 AUD). Each new bid resets the remaining time for an auction up to the amount specified for the Auction Type (usually 15, 20 or 30 seconds). When a bid is placed it is deducted from the member’s bidding account.

d. An auction closes when no more bids are received by Ezy-bid’s servers. The countdown time is indicated for each auction. Due to the time it takes for bids to reach Ezy-bid’s servers, and in order to allow all users the same opportunity to bid regardless of geographic location, Ezy-bid’s servers will wait for an additional 5 seconds for any placed bids to reach Ezy-bid’s servers before closing the auction.

e. Sometimes the time may differ from our servers to your web browser. Your timer should therefore only be viewed as an indication of the auction time.

f. Bids become valid when they are entered in our database and registered in our system. We are not responsible for disruptions or errors that arise from your internet connection or other causes beyond our reasonable control. This includes incorrect count-down of the remaining time and outdated information on bidders and bids.

g. We reserve the right to pause all auctions, change the bidding time of on-going auctions and open closed auctions on suspicion of disruptions in operations.

h. You must not engage in fraud, manipulate the price of any Merchandise, or collude with any other members to manipulate the price of any Merchandise, by any means whatsoever. For example, you must not conduct or encourage bidding under multiple memberships or in concert with other members.

i. Ezy-bid can not be held responsible for users and auctions being affected by other users abusing the sign-up system and the potential free bid(s) they receive from special of regular offers. Ezy-bid reserves the right to cancel auctions where the auction price has not reached 1% of the retail/buy now price of the product, if there is no more bids until this level has been reached the auction will be cancelled and all bids placed in the auction will automatically be refunded back to the users accounts.

5. "Buy Now"

If you elect to buy Merchandise directly by selecting the “Buy Now” option you are making an offer to us to purchase the Merchandise. No contract for the purchase of Merchandise will come into existence until we have reviewed and accepted your order. We may decline an order where we believe that we have reasonable grounds for doing so. We will notify you whether we have accepted or declined your order as soon as we are able to do so.

You can only use the value of your placed bids up to the maximum refund as indicated under the Buy Now calcuation. Ezy-bid reserves the right to restrict the number of products a user can win or buy. Ezy-bid reserves the right to restrict the number of a specific product type a user can win/buy. If the win limit is reached, then any set Bid Buddies (Auto Bid Agent) will be cancelled and any non placed bids in the Bid Buddies will be returned to the user's account. Placed bids in other auctions will not be refunded.

In some auctions, we have restricted the number of bids you can use to buy the product. The value of each bid will still be 100% but you may not be able to count all bids up to the full value of the product. The total value of the bids that you can use ("Maximum refund") to buy the product is indicated under the Buy Now price calculation.

6. Cancellation of purchases and membership

If you fail to pay for any Merchandise or we reasonably believe that you have breached these terms and conditions, we may:

(a) Revoke any winning bid that you have made. If we do so, we will refund to you the value of the winning bid (but only the winning bid), and will award the auction to the member with the second highest bid;

(b) Cancel any “Buy Now” orders you have placed and which have not yet been delivered. If we do so, we will refund to you any price you have paid to us for the Merchandise (but not the value of any bids you placed in relation to that Merchandise); and

7. Bid retraction

If you are the winning bidder in an auction and do not wish to proceed with the purchase of the Merchandise the subject of that auction, for an hour period following after the auction closed, on each auction, you may retract your winning bid by contacting us at support@ezy-bid.com. If you do so, we will refund to you the fee for the winning bid (but only the winning bid) and will award the auction to the member with the second highest bid.

8. Paying for merchandise

8.1 Price

(a) Subject to clause 7, when you win an auction or use the “Buy Now” option to purchase any Merchandise you agree to pay the purchase price specified on the Website at the time of purchase, being the amount you have bid or, for “Buy Now” purchases, the amount referred to in clause 3(b).

(b) The value of the products listed on this Website is based on an average price offered by our local suppliers. We cannot guarantee that a corresponding product is available elsewhere at the same, a lower or a higher price.

(c) You will be required to pay for the Merchandise online by credit card or debit card via Paypal or ClickandBuy. The credit cards and payment methods that we accept may vary from time to time and will be described on this Website. We may apply a surcharge from time to time for the use of certain credit cards, and where we do so this will also be described on the Website.

(d) Auction payments must be received within one (1) hours from the close of the auction. Buy now payments (for winning items) must be received within one (1) hour from the close of the auction's time otherwide we have the right to cancel the sell for that auction winning item.

(e) All prices include GST.

8.2 Cancellation of sale

While we endeavour to avoid technical and other errors, inadvertent errors do occur from time to time and we may cancel an auction or a “Buy Now” sale that we have accepted in such circumstances. If we do so, we will refund to you all bids placed in that auction, and any price you have paid to us for the relevant Merchandise.

* We reserve the right to cancel the sale at any time due to delay in shipping / unforseen supply problems or unexpected demand may occasionally result in Merchandise being unavailable, or any form of dispute arrise complaining from you may cause disavantage problems for Ezy-bid to keep our namely, full refund to you on the item which you have been pay plus (+) the bidding cost on that item from the auctions, an email from Ezy-bid will notifying to you imediately by us accordingly to inform the refund with the payment for the cancellation.

** Important: Our policy is reserve the right to cancel the sale at any time due that you was not paid for the winning auction items for within an hour (1 hour) period following after the auction closed, on each auction. We will refund to you all bids placed in that auction back into your account accordingly as per described under clause 8.1.d.

8.3 Delivery, title and risk

(a) We will endeavour to ship the Merchandise within 14 days of receiving payment or by the condition of delivery which have notice or set at the item's info/specification. However, unforseen supply problems or unexpected demand may occasionally result in Merchandise being unavailable. If there is a delay in shipping your order we will contact you as soon as possible to advise you of the reason for the delay. If this occurs, you may cancel your order at any time prior to when we ship the Merchandise to you, by notifying us accordingly.

(b) We will deliver the Merchandise to the place of delivery that you specify. Title to and risk in the Merchandise will pass to you upon delivery of the Merchandise to this place of delivery.

*** Note: The buyers are responsible for all the tax imposed by their country if there is.

8.4 Our returns policy

If you wish to return any products or have any complaints in relation a product you purchase through this Website, you should contact us using the contact information provided in the “About Us” section of this Website. If you decide to return a product/item, the refund of the deposits (value of the bids) will be reversed, as if the Buy Now option has not been used. Ezy-bid will not refund the value of the placed bids if a purchased product/item is returned. If the product/item was bought after winning an auction then the auction price and shipping and handling cost will be refunded. If the product/item was bought by using Buy Now then the additional Buy Now payment and shipping and handling will be refunded.

* At Ez-bid's auctions is "None-Refund" Policy, Bids credits are will stay in your account despite you're use its or not and can not to be convert to cash as for refund.

9. Intellectual property

(a) You acknowledge that this Website and all related content is subject to copyright and possibly other intellectual property rights (“Intellectual Property Rights”).

(b) We grant you a limited, non-transferable licence to access and use this Website solely for your personal, non-commercial purposes.

(c) We (or our licensors) retain all right, title, and interest in and to this Website and all related content, and nothing you do on or in relation to this Website or any of the related content will transfer any Intellectual Property Rights to you or, except for the licence referred to in paragraph (b), licence you to exercise any Intellectual Property Rights unless this is expressly stated.

(d) Except as provided in these terms and conditions, permission to reprint or electronically reproduce this Website or any related content in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us. You may contact us at support@ezy-bid.com if you wish to obtain such consent.

(e) Subject to applicable law, we may revoke the permission referred to in paragraphs (b) and (d) at any time and may suspend or deny, in our sole discretion, your access to all or any portion of this Website without notice.

11. Linking to this website

(a) We encourage you to provide links to this Website. While you may use the name " Ezy-bid” in the text of any such link, you may not use the Ezy-bid logo or any of our other trademarks without our prior written consent.

(b) You must not frame this Website, or represent or imply that any part of the Website belongs to anyone other than us.

(c) If we notify you that we object to the manner in which you provide links to this Website, you must immediately cease providing such links.

12. General restrictions

In using this Website, you must not:

(a) provide us with inaccurate or incomplete information;

(b) violate any applicable laws, or use this Website for any purpose that is unlawful or prohibited by these terms and conditions;

(d) distribute viruses, corrupt files, or any other similar software or programs that may damage the operation of any computer hardware or software;

(e) collect or store personal data about other users of this Website; or

(f) engage in any other conduct that inhibits any other person from using or enjoying this Website.

(g) you can't trade or sell your bids to any other members.

13. Warranties and liability

(a) We warrant that:

(i) the Merchandise will comply in all material respects with any descriptions given by us on the Website;

(ii) unless otherwise noted, the Merchandise will be new and not second-hand; and

(iii) the Merchandise will be delivered to you in saleable condition (subject to any defects described by us on the Website prior to purchase).

(b) All express or implied warranties, representations, statements, terms and conditions relating to these terms and conditions or this Website that are not contained in these terms and conditions, are excluded to the maximum extent permitted by law.

(i) we do not guarantee continuous, uninterrupted or secure access to this Website, and you acknowledge and agree that your access to this Website may be interrupted or delayed by factors outside our control;

(ii) while we endeavour to provide a convenient and functional Website, we do not guarantee that your requirements will be met or that your use of this Website will be uninterrupted, error free or that this Website or the server from which it operates them are free of viruses or other harmful components; and

(iii) we cannot be responsible for any loss, corruption or interception of data sent to or from our Website which occurs outside of our computer systems (such as those which occur while being sent over the internet) or otherwise as a result of factors outside our control.

(d) We recommend that you install and use up-to-date anti-virus and firewall software on your computer.

(e) Nothing in this agreement excludes, restricts or modifies any term, condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified, which may include Part V of the Trade Practices Act1974 (Cth) and corresponding provisions of Australian state or territory legislation.

(f) If any term, condition or warranty is implied into this agreement and we are able to limit your remedy for a breach of such a term, condition or warranty, then our liability for breach of the term, condition or warranty is limited to one or more of the following at our option:

(i) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or

(ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

(g) Subject to our obligations under the implied terms, conditions or warranties referred to above, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these terms and conditions or this Website, whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to AUD$100.

(h) Subject to our obligations under the implied terms, conditions or warranties referred to above, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:

(i) special, indirect, consequential, incidental or punitive damages; or

(iii) damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data, whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.

(j) Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.

14. Variation of this Website

We may from time to time, vary, modify or discontinue, temporarily or permanently, any or this entire Website.

15. Privacy Policy

In using this Website, you may give us personal information in which you have certain rights. By using this Website, you grant us consent to use your personal information in accordance with our privacy policy at http://www.ezy-bid.com/private.html, which forms a part of these terms and conditions. Please click on this link to view our privacy policy.

16. General

(a) Neither party will be liable for any delay in performing any of its obligations under these terms and conditions if such delay is caused by circumstances beyond the reasonable control of that party.

(b) If any part of these terms and conditions is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.

(c) These terms and conditions constitute the entire agreement between us and you in relation to this Website and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to this Website.

(d) Your use of this Website is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of this Website, including sending you electronic notices.

(e) The provisions of these terms and conditions which by their nature survive termination or expiry of these terms and conditions will survive termination or expiry of these terms and conditions.

(f) The term “including” when used in these terms and conditions is not a term of limitation.

17. Applicable law

These terms and conditions are governed by the laws of Australia and each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wealth and of the Commonwealth of Australia.