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Terms and conditions

1. General

By accessing our website and using the services on our www.BidFish.eu website, the user agrees and accepts the following terms and conditions (as they may be amended and changed from time to time), including any and all descriptions and instructions relating to the use of such services and of our website, participation in our auctions, and the sale and purchase of all products and items sold in our auctions or on our website.

The user understands that any bidding advice, articles or other information posted on our website, such as under the How it Works section, are only suggestions, and are to be relied upon. BidFish shall not be liable or responsible for any action taken by a user on our website or the action of any other person who may have read or been informed of any such information or other written material.

BidFish undertakes to comply with all applicable state sales and use tax laws in connection with its sales of bid packages and products on its website.

The user acknowledges and agrees that BidFish reserves the right, in its sole discretion, at any time, to change and without prior notice, amend or delete any provision of these terms and conditions. Any such change, amendment and/or modification will become effective immediately when posted on our website. You are solely responsible for informing yourself of any such change by regularly checking any changes to these terms and conditions. Your continued right to use our services is subject to your compliance at all times with these terms, as amended or modified and in effect at each such time. Your rights hereunder, including to and under your account with BidFish, are personal, and may not be used, shared or accessed by, or assigned or transferred to, any other person.

Certain additional terms and conditions may from time to time apply for the use of specific services offered or provided, the sale of specific products or items, and to specific portions or features on our website, such as contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. If there is a conflict between these terms and any such additional terms for or applicable to any such specific service, specific portion or feature of the website, the latter terms shall control with respect to your use of that portion or feature of the website or with respect to such specific service, etc. offered.

The user agrees to abide by such other terms and conditions, including where applicable representing that you are at least 18 years old and have the legal capacity to enter into binding right to use or participate in such service or feature.

In the case of any dispute between the English language version of the terms and conditions and versions in other languages, the English language version shall prevail. Rules, guidelines, offers and any other information on this website may be presented in several languages for information purposes only.

(a)Entire Agreement

These Terms & Conditions constitute the entire agreement between You and BidFish with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision by BidFish of the Terms & Conditions or Privacy Policy will be effective only if in writing and signed by BidFish.

 

2. Eligibility; Disqualification

A user may not use any external software to automatically place bids in the auctions. BidFish reserves the right, at its sole discretion, to de-activate any user's account based on suspicion of the use of such software. BidFish also reserves the right not to send products to any user who uses such software.

To be eligible to use our services you must be at least 18 years old and have the legal capacity to enter into binding agreements, and by registering on our website you confirm and represent that you satisfy those requirements. No employee of BidFish’, or any immediate family member of an employee, may use our services or participate in any of our auctions.

Our web services and auctions are only open to private individuals. Commercial or semi-commercial retailers or resellers are not permitted to participate in any auction or register for our services. BidFish will immediately terminate the use and registration of any such commercial or semi-commercial retailer or reseller at any time and without any prior notice using our services.

BidFish reserves the right to restrict users from bidding if BidFish suspects that a user is buying the products for retail purposes. BidFish also reserves the right not to ship products to such users.

BidFish’ services and sale of products are only offered, and may only be used, where such use and sale of products by BidFish is permitted by law. Any use of our services and purchase of products where prohibited, shall be null and void.

BidFish reserves the right to limit the number of users per household and the number of products that each user may purchase. No user may create or have more than one account and only one account is allowed for each street address.

3. Registering and Accounts

To participate in an auction a user must first register and create an account with BidFish. Each user may only register one account. All registrations are subject to BidFish acceptance. Each user may register only once using his or her street address, and the use of a P.O. Box address or any similar arrangement is not permitted. The user represents and affirms that all registration information provided is true and correct, and complete in all respect.

During the registration you must choose a user name, which must not in any way be offensive, indecent, insulting or intended to deceive or mislead other users or persons, whether intentionally or unintentionally. Nor may a user name advertise for or promote any other websites or services, provide links to or for other websites. Please note BidFish reserves the right to change usernames, for whatever reason, and is the final arbiter on policy. Each users shall be responsible for keeping their passwords confidential and secure. You agree and acknowledge that it is you are solely responsible for maintaining the security of your password and all activities on your account, and agree to notify BidFish immediately of any unauthorized or improper activity discovered or suspected on your account. You also agree that BidFish shall not be liable for any losses caused to you because of any unauthorized access to your account. Each account may only be used by the person in whose name it is registered, and no account may be shared with, accessed by or transferred to, any other person. Your right to access our website and use of our services are strictly limited to the services offered hereunder and in accordance with these terms and conditions, and any other use by you, or any abuse or action taken in violation of any of these terms by you, or any manipulation or modification of our website, or of any feature thereon by you or as a result of your actions, or any launch of any automated system, including “robots”, “spiders”, “offline readers”, etc. by you or made possible by your actions, or any such other actions caused by you that otherwise may influence or interfere with any auction on our website, will be in violation of these terms and result in the immediate termination of your rights hereunder and cancellation of your account. BidFish reserves the right at any time to, cancel and terminate the account and void the purchases of any user who BidFish shall have determine, in its sole discretion, to have violated any of these terms. In addition, BidFish may also withhold any deliveries of products and/or any refunds that may otherwise be due to any such user, and such user hereby agrees to indemnify and hold BidFish, its officers, directors, employees, agents and licensors, harmless for any and all damages and losses (including all costs and legal fees) suffered, and which damages and losses either directly or indirectly are caused by or as a result of any such actions by the user. BidFish 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 canceled and all bids placed in the auction will automatically be refunded back to the users accounts.

4. Bidding and Using the BidAgent

Users can place bids by either manually clicking the relevant bid button or by using the automatic BidAgent function. The BidAgent lets users bid on an auction even when they are not on line. The BidAgent automatically places bids according to the user’s instructions. No user may use any bidding software not authorized by BidFish, and any breach thereof will result in the user’s immediate disqualification from any further use of our services, and liability for any and all losses caused. For more information on the BidAgent, consult the How it Works section.

Bids must be purchased and paid for in advance in the form of “bid packages”, at the current prices listed on our website.

5. All placed bids are non-refundable

By placing a bid in an auction, the user agrees to purchase the auctioned product/item. The user can purchase the auctioned product/item either by winning the auction or by using the "Buy Now" option. BidFish reserves its right to retain the value of the placed bids as compensation, should a user not purchase the auctioned product/item after placing a bid in the auction.

6. (a) How the Auctions Work

With each bid placed the price of the item on which the user is bidding increases by a preset amount. Each new bid resets the remaining time for an auction up to, but not above, the displayed countdown reset time value specified for the Auction Type (usually 15, 20 or 30 seconds). When a bid is placed it is deducted from the bidder’s/ user’s account. All bids placed are not refundable. An auction closes when no more bids are received by BidFish' servers. The countdown time is indicated for each auction. Due to the time it takes for bids to reach BidFish' servers, and in order to allow all users the same opportunity to bid regardless of geographic location, BidFish' servers will wait for an additional 5 seconds for any placed bids to reach BidFish servers before closing the auction.

The user should be aware that in most auctions the majority of bidding takes place after the auction has reached its reset time (clearly marked on each auction), therefore, bidding before the reset time is not advised. Furthermore, all users have the option to place a Bid Agent on an auction at any time while it is live on the website, thus there is always the possibility that there are counterbids readily planned for some point in the future of the auction. Whether or not these automatic bids get placed, however, would depend on the amount that the price reaches .

Sometimes the time may differ from our servers to our users' web browsers. A user's timer should therefore only be viewed as an indication of the auction time. The possible time difference may be caused by a slow internet connection or an old web browser. That means that the browser may show zero even when there is time remaining on the auction. However, this does not mean that the auction is over. The user who at such time placed the last and highest bid wins the auction, and is obligated to purchase the product at the winning price.

Bids are not valid until they are entered in the BidFish database and registered in our system. BidFish shall not be responsible for any disruptions in the user’s computer or internet connection, or because of any errors that may occur as a result thereof, including, but is not limited to, any incorrect countdown of the remaining time, outdated bidder information and bids. BidFish 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.

A bid submitted by a user only constitutes his or her irrevocable offer to purchase the item or product in the auction pursuant to the terms the related auction. At the completion of an auction and BidFish’ acceptance of the winning bid, then the user with the winning bid and BidFish will be deemed to have made and entered into a binding contract for the sale and purchase of the product/item, subject to the user’s payment of the purchase price, all taxes and shipping costs for the product, and completed the other necessary conditions and steps listed herein below.

The value of the products/items is based on an average price offered by local suppliers. BidFish cannot guarantee that a corresponding product is available elsewhere at a lower or higher price.

BidFish reserves the right to restrict the number of accounts per user and/or IP address, physical address, e-mail address, etc.

BidFish cannot 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.

(b)The outcome of the auction and the final selling price.

Every auction is unique and the results of all auctions offered on BidFish depend on the number of users participating and how dedicated these users are to placing the last bid, precise odds of winning are therefore unavailable, the average selling price of previous auctions should not be regarded as a prediction of the outcome.

 

(c) Buy Now Option

In some auctions we may, in our sole discretion, also offer users a “Buy Now” option. The Buy Now option allows a user to buy the auctioned product using 100% of the value of the bids already spent in that auction. It gives the user the option to purchase the product by paying the difference between the value of the spent bids in that auction and the product value. The product value is the suggested retail price or the average price of internet retailers in the markets that BidFish operate. The user may only use the value of the bids he or she has placed in the auction up to the product value. The user only use the value of his/her placed bids up to the maximum refund as indicated under the Buy Now calculation. If the value of the placed bids are higher than the product value, then the bids in excess of the product value can not be counted and used towards a Buy Now purchase. The value of any bids spent above the value of the product will not be refunded. The Buy Now purchase price can never be below zero. The user can buy the product using the Buy Now option at any time when the auction is online and up to 24 hours after the auction has closed. When a user decides to buy the product by exercising the Buy Now option he or she may no longer participate in the auction, and any BidAgents that have been placed in that auction will be canceled and the remaining BidAgent bids returned to the user's bid account. The auction will continue uninterrupted for all other users. All purchases pursuant to a Buy Now option shall be subject to the user’s payment in full of all amounts due for the product (including all shipping and handling charges, and sales taxes) within 24 hours after exercise.  Unless payment is received in full within such time the user’s right and Buy Now option to purchase and receive the product is automatically withdrawn and cancelled, and the user shall not be entitled to a refund of any bids placed on the product by such user.

BidFish reserves the right to restrict the number of products a user can win or buy. BidFish 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 BidAgent will be canceled and any non placed bids in the BidAgent 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.

7. Purchasing Bids and Payment of Products

Bid packages and products can be paid for using a credit or debit card, or via PayPal or any other payment method permitted and posted on our website. BidFish reserves the right to stop any delivery until it has received payment in full. BidFish shall not be responsible for any payment or shipping problems related to or caused by any action or failure to act at or by any of their suppliers, and without any fault of BidFish.

At the end of an auction, the winning bidder must go to “My Account”, which will display all the necessary information to purchase and receive delivery of the product, such as the total price (including any taxes and shipping costs) and the payment options. The user must actively confirm and pay the total price (end price plus any applicable taxes and shipping costs) for the win by following the steps indicated on that page or elsewhere on the website. Once the winner has clicked on the confirmation button the win is deemed accepted by BidFish, subject to and conditioned upon the winner’s payment in full of the total purchase price, all taxes and shipping charges within 48 hours. If any product has not been fully paid within such time BidFish’ confirmation and acceptance will be deemed withdrawn and the winner will have forfeited any right to purchase and receive the product. All bids placed in that auction expire and are non-refundable.

Products will be shipped no later than 28 working days after payment confirmation is received. The buyer must also provide an accurate delivery address and telephone number on the account before shipment can be arranged. There may take a few days from shipment from BidFish to delivery to the buyer. BidFish reserves the right to charge the winner reasonable storage charges for items not paid for.
 An invoice containing the auction price and shipping costs will be sent to the user by BidFish once delivery has been arranged.

BidFish reserves the right to stop the shipment of a product won in an auction or Buy Now and ask for additional payment, if an obvious error has occurred in the Buy Now price (more than 50% lower than the price for the same product at well-known e-commerce retailers) displayed on the BidFish page.

8.Deliveries, Returns and Cancellations

Products will be delivered to the address specified by the user under My Account. Except for audio or video recordings and computer software, any product purchased from BidFish may be returned within seven (7) days after delivery, in original condition with all original packaging, instructions, manuals and other material. See the "Returns" section of our website for Return details. Unless otherwise stated, all delivery will be made directly from our suppliers or from our warehouse to the address provided by the user. Some restrictions or higher shipping costs may apply if the delivery address is in Alaska or Hawaii, please check notifications on the detail pages of the auctions in advance. Delivery times vary and any delivery time indicated is provided only as a guide and is not guaranteed. BidFish reserves the right to involve third parties to satisfy its contractual obligations hereunder without any notice to the buyer. Any product damaged during shipment or any packaging damaged during shipment must be reported by the purchaser to BidFish immediately upon delivery.
 If BidFish shall be unable to deliver the exact item purchased, BidFish shall be entitled to substitute such item with a comparable or better replacement product with the same or better features, or provide a full refund of the auction end price plus all taxes and shipping charges to the purchaser. If a customer decides 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. BidFish 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.

9. Service and Support for Products Purchased

All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.

10. Disruptions in Operations and Temporarily Paused Auctions

BidFish’ service is normally always available 24 hours per day, 7 days a week. However, we cannot promise or guarantee constant and uninterrupted service. Without limitation to any other disclaimer set forth herein, BidFish shall not be liable for any damage or loss that may occur or be suffered by anyone due to circumstances beyond BidFish’ control, including any technical disruption or malfunction or system outage, or overload. In any such event, the current auctions will be temporarily paused and the highest bid will remain. The auctions will continue as soon as the problem has been rectified. BidFish reserves the right to postpone the date and time of an auction’s close as a result of unexpected disruptions in operations. BidFish is not responsible for the site becoming overloaded and the consequences thereof.

BidFish shall not be responsible for any damages or losses as a result of any malfunctions or problems in our or our licensors’ equipment and/or software and without any fault of BidFish’.

11.Trademarks

BidFish’ logos are registered trademarks of Cubetrix, Inc. and licensed to BidFish. All other trademarks appearing on BidFish' website are the property of their respective owners.

12. Disclaimer of Warranty and Limitation of Liability

USER EXPRESSLY AGREES THAT USE OF BidFish WEBSITE IS AT USER'S SOLE RISK. NEITHER BidFish, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT BidFish WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF BidFish, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH BidFish.
 BidFish IS PROVIDED ON AN "AS IS" BASIS; TO THE MAXIMUM EXTENT PERMITTED BY LAW, BidFish DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, BidFish DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS. 
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT BidFish IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
IN NO EVENT WILL BidFish, OR ANY PERSON OR ENTITY INVOLVED IN USE OF A BidFish AUCTION, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE BidFish. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON BidFish’ WEBSITE.
IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, BidFish, NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED ON BidFish’ WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, BidFish, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

 

13. Disclaimer of Warranty and Limitation of Liability regarding Purchases

All new products are sold with the manufacturer's limited warranty only. BidFish warrants solely that the products sold to user under these terms shall have the characteristics specified in BidFish' specifications for such Products as set forth in the description of each auction and assumes no further warranties. The warranty period and service varies by manufacturer and product. The full text of any such warranty is available, free of charge, upon written request mailed to BidFish. Warranty is excluded for the delivery of any used Products.
 EXCEPT FOR THE WARRANTIES SET FORTH ABOVE BidFish MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY BidFish OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WHICH OTHER WARRANTIES ARE EXPRESSLY EXCLUDED AND DISCLAIMED.
 BidFish SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE IMPROPER HANDLING, MODIFICATION, MISUSE OF THE PRODUCTS BY THE CUSTOMER OR ANY OTHER PERSON FOLLOWING DELIVERY BY BidFish. IN NO EVENT SHALL BidFish BE LIABLE TO ANY PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.

14.The Collection Gift Cards

The Collection Gift Card is collected by winning an auction or by using the ‘Buy Now’ option. Once you obtain at least 10% of the final value of your desired item in Collection Gift Cards, you may redeem them as a discount towards the final purchase price (If you collect 10% you will have to pay 90 % of the final value of the product). If you get 100% of the value of the item, you can redeem the cards for the product at no additional cost. To redeem your cards, all you need to do is send your username in an email to collection@BidFish.com and let us know which “The Collection Gift Cards” you wish to redeem. The Collection Gift Card has a validity of 365 days from the date of payment and cannot be redeemed for cash, expiration dates do not apply for cards issued to residents of the following states CA,CT,LA,ME,MD,MA,MT,NH,ND,OK,RI,VT,WA. Please note that you can only win up to 4 The Collection Gift Cards per 24 hours.

The Collection Gift Card values are personal and not transferrable, the collected value towards the purchase of a product can only be used by the user(username)that has either won or bought them. 
The Collection Gift Card can be used only for the featured product. The Collection Gift Card will not be sent to you physically.

Disclaimer: The product listed may be replaced with its upgraded or updated version (or same brand with the same value) should the item no longer be in stock at the time of redemption or purchase. 
The product listed can be discontinued for any reasons. In this case, you will be informed by email about the notice time in order to let you collect more Collection Gift Cards and redeem them to buy the featured product.

 

15. Applicable Law; Consent to Jurisdiction; Timely Filing of Claims

This Agreement and your use of the BidFish website shall be governed by the laws of Dominica, without regard to its conflicts of laws principles. Any legal action or proceeding relating to any matter under this Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The Commonwealth of Dominica. 
The parties waive any and all objections to venue in such courts and hereby submit to the jurisdiction of those courts. The UN Convention on the International Sale of Goods shall not apply. Any claim by a user under this Agreement and terms must be brought within one (1) year after the cause of action arises, or such user’s claim or cause of action is barred. No recovery may be sought by a user or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between BidFish and you arising out of or in connection with your use of the website, the parties shall attempt, promptly and in good faith, to resolve any such dispute.

16. Indemnity

The user hereby agrees to indemnify and hold BidFish, its subsidiaries, shareholders, directors, officers, employees and agents, lawyers, affiliates, accountants, licensors, and other partners, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, suffered by BidFish, or made or suffered by any third party due to or arising out of your use of the Website or any of the Services in violation of these terms of use and this Agreement; arising from your breach of these terms; arising from your violation of applicable law or court order; and/or arising from your negligence.

17.    Security Checks

You authorize us to conduct a security review at any time to, amongst other things, validate your identity, age, place of residence and other registration data provided by you, check the manner in which you are bidding or participating in the auctions and verify your financial transactions to prevent money laundering, potential breach of these terms and conditions and/or any applicable law.

You authorize us to make inquiries of you and you agree to provide such information or documentation as we may reasonably request in order for us to undertake a security review.

You authorize us to use the information or documentation you provide to us and disclose it to any third party we consider necessary in order to check, verify or validate it.

In the event such proof is not provided or in case BidFish is not satisfied with the documentation provided, BidFish has the right to suspend or permanently remove such unverified user accounts and cancel any auctions won by such users. Such user of unverified accounts will forfeit the right to receive any won items or to be refunded for any payments made, bids placed and bids remaining in the account.

 

18.    Collusion and Unauthorized Programs

You shall not be involved in any fraudulent, collusive, fixing or other unlawful activity in relation to your or third party’s participation in the auctions and shall not use any unapproved software–assisted methods or techniques or hardware devices for your participation in the auctions. BidFish hereby reserve the right to invalidate or close your user account or participation in the auctions in the event of such behavior or in the event BidFish has reasonable ground to suspect that such behavior has taken or is taking place.

For the purpose of this clause, an ‘unapproved software-assisted method or techniques or hardware devices’ is any other method other than ‘BidAgent’.

Those proved to be involved in collusion, or suspected to be involved in collusion, will be issued with a warning for the first offense. Should, however, any items already have been won via means of colluding or any other fraudulent manner, BidFish has the right to suspend a user with immediate effect. No bids and monies spent will be refunded and BidFish shall also reserve the right to withhold any won auctions from being dispatched.

 

19.    Registration process

You hereby declare and warrant that:

1.you are over 18 years of age or such higher minimum legal age of majority as stipulated in the laws of the jurisdiction applicable to you to enter into an agreement;

2.you participate from a jurisdiction in which BidFish operate;

3.you participate in the auctions strictly in Your personal non-professional capacity for recreational and

entertainment reasons only;

4.you participate in the auctions on your own behalf and not on behalf of any other person;

5.All information that you provide us during the term of validity of this agreement is true, complete, and correct, and that you shall immediately notify us of any change of such information;

Each user should have their address registered to the same country as their own IP address is generated from.

You agree that in case of PayPal being used as a payment gateway, whether it is to purchase bids, pay for won auctions or pay for Buy Now items, only one PayPal account will be linked to your BidFish account. In case of customers wishing to make any changes to the PayPal account being used to fund their account, BidFish would first require to be notified.

You are allowed to have only one account. If you attempt to open more than one account, all accounts you try to open may be blocked or closed.

You must enter all mandatory information requested into your registration form, in particular, your identity, your address and contact details, including a valid e-mail address, your place of residence, which shall be the same as your IP address, relevant payment information, all of which must be true and correct. It is your sole responsibility to ensure that the information you provide is true, complete and correct and you hereby declare and warrant that the information provided is true, complete and correct. You are hereby notified that we carry out verification procedures, whether itself or through third parties, and your account may be blocked or closed if you are found to supply false or misleading information.

As part of the registration process you will have to choose your username and password for your login into BidFish.com. During the registration you must choose a user name, which must not in any way be offensive, indecent, insulting or intended to deceive or mislead other users or persons, whether intentionally or unintentionally. Nor may a user name advertise for or promote any other websites or services, provide links to or for other websites. Please note BidFish reserves the right to change usernames, for whatever reason, and is the final arbiter on policy. It is your sole and exclusive responsibility to ensure that your login details are kept securely. You must not disclose your login details to anyone. We are not responsible for any abuse or misuse of your account by third parties due to your disclosure, whether intentional or accidental, whether active or passive, of your login details to any third party.

Any user that violates these rules will not be entitled to receive any item won or purchased from BidFish and will forfeit the remaining bid balance in their respective account. Users may not hold BidFish responsible for any loss you may incur as a result of BidFish taking any of the actions outlined above.

 

20.    Termination

You may close your account at any time by sending us notification of your intention.

We reserve the right, in our discretion, to cancel your registration, withhold your bids and products, suspend your Account and/or close your Account if:

a. You are in breach of any of these terms and conditions or any of the rules, terms or conditions set out in any of the documents referred to in here;

b. You failed any security review;

c. You have taken advantage of, or are suspected of taking advantage of, a system error or any other loophole, to make financial gains or gain an unfair advantage;

d. We are obliged to do so in order to comply with any judicial order, or any government authority, regulation, law or similar.

BidFish may, at any time, exercise its sole discretion to suspend or permanently exclude a user from participating in BidFish and any of its services. It may also exclude users for any other reasons justified in the interest of protection of its users or to prevent manipulation of any kind, including, but not limited to: Collusion, use of unauthorized software (including bidding software or any other unauthorized software), multiple accounts per user, multiple payments for the same Order ID, or a user not paying for bids.

 

21.    Fraudulent Activities

Any abuse of a user account or violation of these terms and conditions by a user will result in the disqualification of the user and may also result in criminal proceedings.

We do not tolerate in any way inappropriate and fraudulent activity, and will seek criminal and contractual sanctions against any person involved in or suspected of involvement in fraud, dishonesty or criminal acts, or collusion or suspected collusion with other persons involved in fraud, dishonesty or criminal acts. This includes, but is not limited to, cheating, attempting to defraud us or other users of the Website, payment fraud, payment reversals, use of stolen credit cards, money laundering or other attempts to deposit funds obtained from ill-gotten means.

We will withhold all payments to you where your involvement in any of the above acts or activities is suspected and we reserve the right to suspend or close your Account and bar you from further participation in the Website, whilst also reserve the right to withhold any items won and/or purchased.

If we deem it appropriate we may share information regarding your fraud, dishonesty or criminal acts (including your personal data) with anyone we deem it necessary, including banks, payment gateway providers and credit card companies. We will also make such reports as are necessary to the authorities. Furthermore, you must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.

 

22.    Refunds

You may request a refund of bids left in your account, however the value of free bids since the creation of that particular account will be deducted from the final refund amount calculated. This includes but is not limited to: free sign up bids, discounted bid packages, social media bids, and bids credited as a gesture of goodwill.

 

23. Void Where Prohibited

BidFish administers and operates the website from its location; other BidFish sites may be administered and operated from various locations outside the United States. Although our website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. BidFish reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on BidFish is void where prohibited. If you choose to access the Website from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

24. Purchasing bids

There are three different categories of bids:

 

1.Expire in 48 hours and cannot be used for Buy Now. They are obtained as follows:

 

•All bids given on registration

 

•All bids given on login

 

•All bonus bids earned on the payout of Bonus Auctions

 

•All free bids given with BidPack purchases

 

•All free bids given with coupon codes on BidPack purchases

 

•All free bids given with coupon codes on registration

 

2.Expire in 365 days and cannot be used for Buy Now. They are obtained as follows:

 

•All bids won/bought on a bid pack auction.

 

3.Expire in 365 days and can be used for Buy Now. They are obtained as follows:

 

•All bids purchased

 

During an auction the bids are expended or used in the order they expire: the bids that expire first are placed in priority.

 

25. Missing Items

Any missing items must be notified via info[at]bidfish.eu within 30 days for resolution. Claims for missing items between 30 days and 6 months will be investigated, but resolution cannot be guarenteed due to couriers data keeping policies. Claims over 6 months will not be accepted unless there is prior proof that the issue has been raised previously.

26.    DORMANT ACCOUNT POLICY

Should a customer’s account be inactive for a period of 6 months or more and contain a positive balance of bids that were issued prior to 24 November 2010, BidFish will levy an administration fee of 20 bids per month until such time that the bid balance is reduced to zero or the customer account is no longer inactive. A customer will be deemed no longer inactive, if they login to the website and place one or more bids.

 

27. U.S. Export Controls

Certain software and other products on or sold on our website may be subject to United States export controls. No such software may be downloaded or sold from the website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

28. Other Information; Warning

Placing frequent bids on www.BidFish.eu can lead to high costs. We advise all users to monitor their bidding habits and regularly check on their bidding costs.

For other questions, please contact our Customer Service Team.