Welcome to Bidstar Limited's ("Bidstar", "its", "we", "us", "our") online fundraising platform on bidstar.co.uk (the "Site"). Any person who wants to access the Site to buy or sell goods or services ("items") or to use the other features provided (collectively, the "Service") must accept the terms and conditions of this Participation Agreement without change. BY ACCEPTING THE TERMS AND CONDITIONS DURING REGISTRATION, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD AND AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS PARTICIPATION AGREEMENT. In particular, you acknowledge that you have read and understood the clauses in this Participation Agreement relating to: Bidstar's disclaimer of warranties; limitation of liability; protection and use of your personal data; and the manner in which Bidstar may make changes to this Participation Agreement.
Eligibility and Registration Requirements
Use of the Service is limited to parties that can lawfully enter into and form contracts under the laws of England and Wales (for example, minors are not permitted to use the Service).
Only visitors to the Site who register and enter into this Participation Agreement ("participants", "buyer", "seller", "you", "your" as the context requires) may participate in buying or selling on the Site using the Service.
You must provide us true and accurate information when registering and must maintain and update that information as applicable. You must not impersonate any person or use a name you are not legally authorised to use. You authorise us to use any information provided to us in registering to verify your information (including any updated information), to obtain credit reports about you from time to time while you are registered.
To register you must provide your real name, address, phone number and e-mail address. You warrant to Bidstar that the information you provide during the registration process (and any notification of change of such information) is true and correct.
You are obliged to notify Bidstar of any changes to your registration information immediately.
Bidstar reserves the right to reject any registration and to refuse service to anyone for any reason, in its sole and absolute discretion.
If you provide false or incorrect registration information or do not notify Bidstar of changes to your registration information immediately, Bidstar reserves the right to terminate your account immediately and without notice to you.
You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorised by you to use your account) and you are solely responsible for any use of or action taken under your password on this Site. If your password is compromised you must change your password.
Employees of Bidstar are permitted to participate in their personal capacity (i.e., not as Bidstar employees, representatives or agents) in the transactions conducted through this Site subject to Bidstar's internal employee policy. Bidstar employees, representatives or agents, when participating in any transaction using the Service in their personal capacity, are subject to this Participation Agreement.
Under the Service, items are offered by sellers for auction ("Auction"). Unless otherwise agreed by us with the seller in advance in writing, the final selling price of any items sold using the Service (including the applicable delivery charge) are displayed inclusive of any customs, import, export, and excise duty, VAT and other taxes which may be applicable and sellers may not charge or seek to charge the buyer, or allow the buyer to be charged, for any customs, import, export, and excise duty, VAT or other taxes which are additional to the final selling price displayed for the item on the Site.
Any verified seller may list an item for Auction on the Site subject to this agreement. The following items must not be listed on the Site by sellers or purchased by buyers:
Offensive material, including material that incites racial hatred or promotes discrimination based on race, sex, religion, national origin, physical ability, sexual orientation or age;
Obscene material including pornographic material (e.g.: material rated R +18, home porn and hardcore material);
Intoxicating liquor and tobacco (except where the seller is properly licensed under applicable law) and home-made alcoholic beverages;
Firearms and ammunition;
Items that infringe another party's copyright, patent, trademark, design right, database right, or other intellectual property or other proprietary right (e.g.: pirated software, CDs, videos and DVDs, OEM software and so on);
Illegal or prescription drugs;
Items whose sale, distribution or offering for sale is prohibited by any applicable law;
Items whose sale is subject to export restrictions (e.g.: Cuban cigars, certain encryption software and so on);
Offensive weapons, poisons and dangerous substances (as defined by the applicable law or laws);
any other types of products that in our discretion are to be excluded from listing and/or sale using the Service.
Bidstar will confirm each order to the seller and the buyer. Sellers must dispatch items sold within two Business Days once the payment confirmation is made available to them. Sellers must provide a full refund to any buyer who remits payment, if the item cannot be shipped. Sellers must provide the refund promptly, but in no case later than thirty (30) days following the date the payment was confirmed.
If, by law, an agreement for the transfer of any property must be evidenced in writing or in some specific form, then the buyer and seller agree, on the completion of an Auction to complete the transaction in writing and/or in the relevant form (as the case may be).
Unless the buyer and seller expressly agree otherwise, the following terms and conditions will apply to the contract between the buyer and seller for the sale of the relevant item:
All postage, customs, import, export and excise duty, VAT and any other taxes associated with the Auction (if applicable) will be paid by the buyer and it is the seller's responsibility to determine, collect and remit the applicable VAT, customs, import, export and excise duties and any other taxes associated with the Auction. Unless otherwise agreed by us in advance in writing, the price of any items sold using the Service must be displayed inclusive of any customs, import, export and excise duty, VAT and any other taxes associated with the Auction, which may be applicable and sellers will not charge or seek to charge the buyer, or allow the buyer to be charged, for any customs, import, export and excise duty, VAT or other taxes which are additional to the price displayed for the item on the Site;
Buyers are required to pay sellers in the currency in which the Auction is listed;
The sale will be subject to any warranties implied under applicable law; and
The contract between the buyer and seller will be governed by the laws of England (and expressly excluding the United Nations Convention on the Sale of Goods) and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of England and Wales.
Buyers authorise Bidstar to act as their limited representative solely to conclude on their behalf sales contracts directly between them and the sellers for sales of goods via the Service. While Bidstar helps facilitate transactions that are carried out using the Service, Bidstar is neither the buyer nor the seller of the seller's items. Bidstar provides a venue for sellers and buyers to complete transactions in accordance with the provisions of this Participation Agreement. Bidstar is not the agent of the seller. Accordingly, the contract formed at the completion of an Auction is solely between buyer and seller. Bidstar is not obliged to mediate between buyers and sellers or enforce or execute fulfilment of any contract. Buyers and sellers use the Site and the Service at their own risk. Subject to the terms of this Participation Agreement, the seller will resolve any subsequent dispute directly with the buyer.
Bidstar may, in its sole and absolute discretion, terminate this Participation Agreement, access to the Site or the Service, or any current Auctions immediately without notice if your participation agreement with any of the other Bidstar sites is terminated or for any breach of any of the terms of this Participation Agreement. Seller may terminate its participation in the Service at any time by giving notice to Bidstar. Bidstar may terminate the seller's participation in the Service at any at any time by giving notice to the seller. Upon termination, all rights and obligations of the parties under this Participation Agreement will be extinguished, except that such rights and obligations will remain in effect after such termination to the extent necessary to process any orders placed prior to such termination for items listed by seller using the Service.
Bidstar's Reservation of Rights
Bidstar retains the right to, if it considers it appropriate: immediately halt any Auction; prevent or restrict access to the Site or the Service; or take any other action to restrict access to or availability of or remove any objectionable material, inaccurate listings, inappropriately categorised items, unlawful items or items prohibited for listing on the Site under this Participation Agreement. Bidstar reserves the right and has absolute discretion but not an obligation, to remove, screen or edit any content that breaches these provisions or is otherwise objectionable. Bidstar reserves the right to refuse listings or to immediately remove any listings where Bidstar objects to how you identify yourself on the Site (including, but not by way of limitation, your name, branding or marks).
Grants of Licence, Intellectual Property and Linking and Framing
Licenses (a) Your Grant. By entering into this Participation Agreement and listing an item, you grant Bidstar and its affiliates a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, right to exercise all copyright, database rights and rights of publicity over the material displayed in your listings or in any other catalogue or product information that you provide to us (excluding any of your logos, trademarks or other similar branding), in any existing or future media, known or unknown, now or at any later date. (b) Bidstar's Grant. Bidstar grants you limited non-transferrable license to each participant to make personal use only of the Site and the Service in accordance with this Participation Agreement. This license expressly excludes, without limitation: any resale or commercial use of the Site and the Service; modifying, distributing, copying, republishing or making any derivative of the Site or the Service; the collection and use of participant e-mail addresses or other participant information or listings, or any data extraction or data mining whatsoever.
Intellectual Property Rights
Subject to the licence granted to you under Clause 10.1(b), Bidstar reserves all right, title and interest in its and its affiliates' intellectual property rights (including, without limitation, any patents, trademarks, service marks, registered designs, applications for any of the foregoing, copyright, database rights, design rights, know-how, confidential information, trade and business names and any other similar protected rights in any country) in the Site and the Service. Any goodwill accruing out of the use of Bidstar's and its affiliates' trade marks, trade and business names and service marks under this Participation Agreement will vest in Bidstar and its affiliates, as the case may be.
Data Protection and Privacy
Unless otherwise authorised or consented, you agree not to use any information regarding other participants that is accessible from the Site, except to enter into and complete transactions conducted via the Site. You agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy or otherwise objectionable conduct.
Disclaimer of Warranties. THE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS. BIDSTAR MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (a) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (b) THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; (c) THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF LISTING, LAWFUL TO SELL, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED. (d) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (e) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF BIDSTAR. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BIDSTAR DISCLAIMS ANY AND ALL SUCH WARRANTIES.
General Release. BECAUSE BIDSTAR IS NEITHER THE BUYER NOR THE SELLER OF THE SELLER'S ITEMS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE BIDSTAR (AND ITS EMPLOYEES, REPRESENTATIVES AND AGENTS) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED AT LAW, BIDSTAR WILL NOT BE LIABLE (WHETHER IN CONTRACT, TORT--INCLUDING NEGLIGENCE, OR UNDER ANY STATUTORY IMPLIED TERM) FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH THE PARTICIPATION AGREEMENT, THE SITE, THE SERVICE, THE INABILITY TO USE THE SERVICE OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE, WHETHER OR NOT BIDSTAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Despite anything else contained in this Agreement, neither party excludes any liability for death or personal injury to the extent only that it arises as a result of the negligence of that party, its employees, agents or authorised representatives.
VAT and other taxes on the sale of goods and/or services by Sellers
You agree that it is the seller's responsibility to determine whether VAT, customs, import or export duties, excise taxes or other taxes apply to the sale of goods and services to the buyer and to collect, report and remit the correct tax, as applicable, to the appropriate tax authority. You agree that, unless otherwise agreed by us with a seller in advance in writing, the price stated by any seller for any goods or services offered on the Site is inclusive of any VAT, customs, import or export duty, excise tax or other tax that the seller may be required to remit in connection with such sale. You also agree that Bidstar is not obliged to determine whether VAT or other taxes apply to any sale of any goods or services by a seller to a buyer on the Site and is not responsible for collecting, remitting or reporting any VAT or other taxes arising from such sale.
Bidstar is not your fiduciary or trustee. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of Bidstar and its affiliates, you, and relying buyers or sellers.
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
Bidstar's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Bidstar's right to subsequently enforce such provision or any other provisions of this Agreement.
This Participation Agreement may only be amended or modified in writing (which may be represented electronically) and only in the manner set out in the remainder of this clause. Bidstar reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Service, at any time and in its sole and absolute discretion. Any changes will be effective upon posting of the revisions on the Site. All notice of changes to this Agreement will be posted on the Site for thirty (30) days. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. YOUR CONTINUED USE OF THIS SITE AND THE SERVICE FOLLOWING BIDSTAR'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, THEN YOUR ONLY REMEDY IS TO CEASE USE OF THE SERVICE OR THIS SITE.
Notices can be sent to you at the e-mail address you provided to Bidstar or posted on the Site. You may send notices to Bidstar at firstname.lastname@example.org (Attn. Chief Executive Officer)