InternetBid.co.uk User Agreement

1. Membership.
   
   

InternetBid.co.uk may not be used by anyone under the age of 18 years. In addition the service is not available to InternetBid.co.uk members who have been temporarily or permanently de-activated or suspended. If you are under 18 years old, you may use the service only with the permission and supervision of a parent or guardian aged 18 years or older. If you are registering as a business you must have the authority to contract on behalf of the business, and bind it to this User Agreement.

2. User ID.
   As part of the registration process you will choose a user ID and password. You are responsible for making sure you keep your password safe, and you must not disclose it to any other person. You must not sell or transfer your user ID to anyone else. You will be responsible for all actions and contractual commitments entered into under your user ID.

3. InternetBid.co.uk is a forum not an auctioneer.
   
   

3.1 InternetBid.co.uk is not an auctioneer, but only a forum which allows registered users to sell and buy goods and services. Auction listing posted by registered users are not vetted by InternetBid.co.uk, nor are we liable for their content or legality. Items are never held by InternetBid.co.uk, but remain in the possession of and ownership of the seller, until a sale is made to a buyer. As a result, we have no control over the quality, safety or legality of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on the Site. We are not responsible for ensuring that buyers and sellers actually complete a transaction. You accept sole responsibility for the legality of your actions under laws applying to you.

3.2 Identity verification. We use many techniques to verify the accuracy of the information our users provide to us when they register on the Site. However, because user verification on the Internet is difficult, InternetBid.co.uk cannot and does not confirm the purported identity of users or the validity of the information which users post to the Site. Our User ID Reputation rating system will also help you to evaluate the user with whom you are dealing. We encourage you to communicate with potential trading partners using the tools available on the Site.

3.3 Reputation. You must not take any actions that may undermine the integrity of the reputation system. We may limit the number of bids and listings you may place on the Site and your other activities on the Site based upon the level of your Reputation. If your reputation is poor we may suspend your user ID. Reputation ratings are not designed for any purpose other than for facilitating trading between InternetBid.co.uk users, and you agree that you shall not market or export your InternetBid.co.uk reputation rating in any venue other than an InternetBid.co.uk website.

3.4 Liability. In the event that you have any right, claim or action against any other user arising from that user's use of the Site, you agree to pursue such right, claim or action independently of and without recourse to us, and you release InternetBid.co.uk (and our owners, staff, and agents) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.

3.5 Information Control. We do not control the information provided by other users which is made available through the Site. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretences. By using this Site, you agree to accept such risks and agree that InternetBid.co.uk is not responsible for the acts or omissions of users on the Site.

4. Bidding and Buying.
   
   

As a buyer, you have a legal obligation to complete a transaction with a seller:

· if you purchase an item through one of our fixed price formats; or

· if you are the highest bidder at the end of an auction-style listing (meeting the applicable minimum bid or reserve requirements and including any bid that becomes the highest after a valid bid retraction) and your bid is accepted by the seller, unless the transaction is prohibited by law or by this User Agreement.

By bidding on an item you agree to be bound by the conditions of sale included in the item's description provided that those conditions of sale are not in breach of this User Agreement or otherwise unlawful. As buyer, you must ensure that you are legally able to bid for and buy any item that you bid for.

5. Listing and Selling.
   
   

5.1 Listing Description. If you are a seller, you must ensure that you are legally able to sell each item included in a listing on the Site, and that it is lawful to sell such item to UK residents or (if the buyer is resident overseas) that it is lawful to sell and export such item to a person resident in the buyer's jurisdiction. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item and you are responsible for ensuring that you have the right to use all content in your listings and we have the right to host it on our servers. All items must be listed in an appropriate category. All "Dutch Auction" or "multiple item listing" items must be identical.

5.2 No Cancellation. You acknowledge that we will commence supplying our services to you as soon as you have sent a "Sell” form to us, and you recognise that you will not have the right to cancel any listing under the Consumer Protection (Distance Selling) Regulations 2000 or any equivalent legislation in your jurisdiction.

5.3 Binding Bids. A seller who receives at least one bid at or above the stated minimum bid price (or in the case of reserve auctions, at or above the reserve price) must complete the transaction with the highest bidder on completion of the listing, unless: (a) the buyer fails to meet the conditions of the seller's listing (such as payment method); or (b) the seller cannot authenticate the buyer's identity.

5.4 Fraud Without limiting any other remedies, we may suspend or terminate your account if we suspect that you have engaged or are about to engage in, or have been in any way involved in or linked to, fraudulent activity in connection with the Site.

5.5 Manipulation. You must not manipulate the price of any item or interfere with other user's listing(s). Without limitation, you must not: (a) bid in a listing where you are the seller, or procure or encourage any person to do so on your behalf; (b) contact bidders in a listing where items are listed for sale in order to offer similar items to the bidders in that listing; or (c) make bids or make any payment using a false User ID.

6. Fees.
   
   

Joining InternetBid.co.uk and bidding on items is free, although you will remain responsible for the costs of accessing our Site and communicating with our users. We charge fees for listing items for sale through our Site and when you list an item you have an opportunity to review and accept the fees that you will be charged. Our fees as described on the Site forms part of this User Agreement. We may change this policy at any time, However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events (for example, free listing days) and such changes are effective when we announce the temporary promotional event on the Site. For the avoidance of doubt, such promotional events shall not apply to any listings on our Site at the time of the announcement. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service.

Unless otherwise stated, all fees are payable in GB Pounds sterling. Whether you are a business or not, value added tax and other taxes may apply to your transaction. Sellers will be responsible for paying all fees associated with using our service and our Site and all applicable taxes. You agree that we may issue you with invoices in electronic format by email.

7. Your Information.
   
   

7.1 Definition "Your Information" is defined as any information you provide to us or other users in relation to the InternetBid.co.uk service including the registration, bidding, listing or Reputation process (including, without limitation, any description of items listed), your postings on the message boards and any other content that you post within the Site. You are solely responsible for Your Information, and we act as a mere conduit for your online distribution and publication of Your Information.

7.2 Restrictions Your Information and your activities on our Site must not:

· be false, inaccurate or misleading;

· be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights;

· infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;

· be fraudulent or involve the sale of counterfeit or stolen items;

· be in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination, false advertising);

· be obscene, indecent or contain child pornography;

· create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;

· link directly or indirectly to or include descriptions of goods or services that: (a) are prohibited under this User Agreement; (b) are identical to other items you have up for sale but are priced lower than your item's reserve or minimum bid amount; (c) are concurrently listed for sale on a website other than InternetBid.co.uk's (this does not prevent linking to or advertising an InternetBid.co.uk item from another website); or (d) you do not have a right to link to or include;

· contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;

· cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired.

You must not list any item on the Site (or complete any transaction initiated using the Site) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law.

7.3 Licence To enable InternetBid.co.uk to use Your Information, you grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) licence to exercise the copyright, trade mark, publicity, and database rights you have in Your Information, in any media now known or not currently known. You also waive all moral rights you have in Your Information to the fullest extent permitted by law.

7.4 Access and Interference. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to InternetBid.co.uk by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of InternetBid.co.uk and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass measures we may use to prevent or restrict access to the Site. We do not authorise you to extract or re-utilise substantial parts of our Site, or to make systematic and repeated extractions or re-utilisations of insubstantial parts of our Site.

7.5 Your Use of Other Users' Information. In order to facilitate interaction among all InternetBid.co.uk community members, our service allows you limited access to other users' contact information. As a seller you have access to the User ID, email address and other contact information of the buyer or winning bidder(s), and as a buyer or winning bidder you have access to the User ID, email address and other contact information of the seller.

By accepting this User Agreement, you agree that, with respect to other users' personally identifiable information that you obtain through the Site or through an InternetBid.co.uk-related communication or InternetBid.co.uk-facilitated transaction, you may only use such information for: (a) InternetBid.co.uk-related communications that are not unsolicited commercial messages and relate to your genuine participation in an InternetBid.co.uk-facilitated transaction, (b) using services offered through InternetBid.co.uk, and (c) any other purpose that such user expressly agrees to after adequate disclosure of the purpose(s). In addition, you shall only use such information in accordance with applicable laws and regulations, including without limitation data protection and privacy laws. In all cases, you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this Section, can you disclose personally identifiable information about another user to any third party without our consent and the consent of such other user after adequate disclosure.

InternetBid.co.uk and our users do not tolerate spam or unsolicited commercial communications. Therefore, without limiting the foregoing, you shall not add an InternetBid.co.uk employee or an InternetBid.co.uk user, even a user who has purchased an item from you, to your mail list (email or physical mail) without their express written consent after adequate disclosure.

8. Breach.
   
   

Without limiting our other remedies, we may limit your activity on the Site, immediately issue a warning, suspend or terminate your user registration or any of your item listings and refuse to provide our services to you without notice to you: (a) if you breach this User Agreement (b) if, despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause us financial loss or legal liability.

9. No Warranty.
   
   

InternetBid.co.uk do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors. Our website and our services are provided "as is" and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance.

10. Limitation of Liability.
    
    

InternetBid.co.uk will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this User Agreement.

InternetBid.co.uk also has no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.

Our liability to you or any third party, and the liability of our parent, subsidiaries, affiliates, officers, directors, agents and employees, in any circumstance is limited to the total fees you have paid to us in relation to the listing or other service offered giving rise to liability.

11. Indemnity .
    
    

You agree to indemnify and hold InternetBid.co.uk harmless from any claim or demand, including legal fees, made by any third party due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.

12. Notices.
    
    

Unless otherwise explicitly stated, notices to InternetBid.co.uk must be sent by registered mail to InternetBid.co.uk, Holling Grange, Abbey Dore, Hereford HR2 0JJ, and notices to you will be sent to the email address that you provide to InternetBid.co.uk during the registration process (receipt is deemed 24 hours after an email is sent, unless we receive notice that the email address is invalid), or by registered mail.

13. Governing Law and Legal Compliance.
    
    

This User Agreement shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts.

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase and solicitation of offers to purchase and sale of items.

14. Dispute Resolution.
    
    

Disputes between you and InternetBid.co.uk regarding our services may be reported to admin@InternetBid.co.uk. We encourage you to report all disputes between users to your local law enforcement body.

15. Third Party Rights.
    
    

A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.

16. General.
    
    

If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. You agree that this User Agreement may be automatically assigned by InternetBid.co.uk, in our sole discretion, to a third party in the event of a merger or acquisition or any other event. You and InternetBid.co.uk are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of this User Agreement.

This Agreement will prevail over any conditions of sale imposed by a seller. Your obligations under this agreement will survive any termination of the agreement.