1. OVERVIEW AND ACCEPTANCE OF TERMS & CONDITIONS
The Terms & Conditions ("Terms & Conditions") set forth herein shall exclusively govern the business relationship between 1cent.ca Inc, its 1cent.ca auction website accessible at the URLs http://1cent.ca, and its users ("User" or "Users"), and form a binding contract between User and 1cent.ca Inc.
By using 1cent.ca, User accepts to be bound by the following Terms & Conditions and further accepts and agrees to abide by the specific manner in which 1cent.ca, its "Autobid" assistant tool ("Autobid") and all of its components operate as described and explained on 1cent.ca. Any changes, substitutions, variations, alterations, exceptions or modifications to the following Terms & Conditions shall only be binding to 1cent.ca Inc upon explicit and unequivocal written confirmation thereof by 1cent.ca Inc.
User is responsible for all use of User's account under any screen name or password, and for ensuring that all use of User's account complies fully with these Terms &Conditions. User shall be responsible for protecting the confidentiality of User's passwords. The right to use a 1cent.ca account is personal to User and is not transferable to any other person.
Any bidding advice posted on any section of 1cent.ca or contained in its associated email newsletter or otherwise given by 1cent.ca Inc is provided solely as a suggestion and is not intended to be relied upon, nor does 1cent.ca Inc make any warranty as to the results that may be obtained from the use of any such bidding advice. 1cent.ca Inc shall not be liable or responsible for any actions or the result of any such actions taken by User based on having read or being communicated such advice.
Promotions, sweepstakes, contests, giveaways and other special offers created, managed and advertised by 1cent.ca Inc shall only be deemed valid if said special offers are announced on 1cent.ca or its associated newsletter email. The validity period of any such special offers shall be specified on 1cent.ca or its associated newsletter email. At the expiration of the validity period for any such special offers and, when applicable, their relevant auction or auctions, said special offers shall end immediately. 1cent.ca Inc shall not be responsible or liable to any User for any financial loss or prejudice arising out of the withdrawal of a special offer or any failure or inability of a User to take advantage of a special offer or use a promotional code.
2. ELIGIBILITY, REGISTRATION PROCESS AND DISQUALIFICATION
Direct employees of 1cent.ca Inc are not eligible and deemed disqualified to participate in any 1cent.ca auction or to directly benefit from any special offer made by 1cent.ca Inc.
All items under auction on 1cent.ca are strictly offered to private Users to the exclusion of commercial or partly-commercial resellers. User is only allowed to use1cent.ca in User's personal capacity. Commercial or partly-commercial use of 1cent.ca is strictly prohibited. 1cent.ca Inc reserves the right to exclude commercial or partly-commercial resellers from participating in 1cent.ca auctions and to terminate their User accounts.
By placing a bid on 1cent.ca, User represents and warrants that User is legally capable of entering into binding contracts and that User has reached the legal age of majority in the jurisdiction in which User resides and from which he connects to 1cent.ca. User shall be solely responsible of complying with the laws, rules and regulations that apply to User and ensuring that User has the full legal right to use 1cent.ca.
Each User may register on 1cent.ca by creating only a single bidder account. User must complete the registration process by providing 1cent.ca Inc with current, complete, accurate and lawful information as prompted by the registration form. Said information must include User's physical postal address. Registration using PO Boxes or other locations without a street address is not permitted. Only one User account per person is allowed. User may not use any other User's account at any time. Non-Users are not permitted to use the registered account of a User. User accounts are not transferable. Collusion between multiple Users is prohibited.
During the registration process, User must choose a username and a password. The username must not be offensive, indecent, abusive, deceptive or infringe upon the rights of any third party or violate any applicable laws, rules or regulations. 1cent.ca Inc reserves the right to review and change any username without prior notice and at its sole and unilateral discretion. User is entirely responsible for choosing a strong User password and for maintaining the confidentiality of User's password and account. Furthermore, User is entirely responsible for any and all activities that occur under User's account and for ensuring that all use of User's account complies fully with these Terms & Conditions. User agrees to notify 1cent.ca Inc immediately of any unauthorized use of User's account or other breach of security on 1cent.ca.
1cent.ca Inc will not be liable or responsible for any loss that User may incur as a result of someone else using or seeking to use User's password or account, either with or without User's knowledge. However, User could be held liable for losses incurred or prejudice suffered by 1cent.ca Inc or another third party due to someone else using or seeking to use User's account or password.
The abuse of any User account, or the violation of any provision of these Terms & Conditions or of any third-party rights, applicable laws, rules or regulations may result inthe withholding of deliveries or refunds for Bids, or the disqualification of User and the termination of User's account. 1cent.ca Inc can also, at its sole and unilateral discretion, disqualify or terminate any User account to protect the rights of other Users or to prevent undue manipulation or use of 1cent.ca, such as, but not limited to, non-payment of Bids, collusion between multiple Users, use of any third-party bidding or reverse engineering software, and creation of multiple accounts by a single User. Any illegal activity conducted on 1cent.ca will be reported to the proper authorities, including Internet service providers (ISPs).Furthermore, 1cent.ca Inc reserves the right, at its sole and absolute discretion, to limit the number of auctions in which a User may participate or win.
In order to bid on an item under auction, User must purchase bidding credits ("Bids"). Only registered Users are allowed to bid and buy Bids. Bids must be purchased and paid for by Users prior to bidding on 1cent.ca.
Bids can be purchased in packages ("BidPacks") at the current prices listed under the "Buy Bids" tab in the "My Account" section of 1cent.ca. The prices of Bids may vary at any time and without prior notice. Payment of BidPacks is to be made by using a credit or debit card, or via an online payment processor such as PayPal. Should a payment not be honoured by User, a returned payment fee will be charged to User. User will be responsible and liable for said fee. 1cent.ca Inc reserves the right to block access to User's account and to withhold any outstanding deliveries to User until User pays in full any BidPacks, returned payment fees or other fees or sums owed to 1cent.ca Inc by User.
Bids remain valid indefinitely from the date of credit to User's account. Approved free Bids remain valid for the time period stated in the special offer made by 1cent.ca inc. Upon expiration, Bids become void and can no longer be placed in an auction. Once a Bid is placed in an auction, said Bid is deducted from User's Bid account and can no longer be refunded. Under no circumstance will refunds be issued for expired Bids, BidPacks, free Bids or Bids placed in an auction. For further information on refund modalities, please consult the Refund Policy on 1cent.ca. Said Refund Policy is hereby incorporated in and made part of these Terms & Conditions.
4. BIDDING AND AUCTION PROCESS; USE OF AUTOBID
Placing a bid on any item under auction on 1cent.ca expresses the willingness of User to enter into a binding contract of purchase, and constitutes an offer of a specific amount of money from User to 1cent.ca Inc for the item under auction. The last User to submit a valid bid on an item under auction before the corresponding auction countdown timer has reached 0 seconds wins said auction ("Winning Bidder"). A contract to purchase said item will only materialize when Winning Bidder accepts and confirms the win by following the steps set forth in clause 5 and elsewhere on 1cent.ca.
Bids can be placed by manually clicking on the corresponding bid button, or by programming Autobid to automatically place Bids on User's behalf as per the specifications set in advance by User. Autobid allows Users to place Bids in an auction even when User is not online. To learn more about the functions of Autobid, please consult the Help section on 1cent.ca. Use of third-party bidding or reverse engineering software, and collusion between multiple Users is strictly prohibited, and can result in the immediate disqualification and termination of User's account at the sole and absolute discretion of 1cent.ca inc.
Whenever a Bid is placed on an item through either aforementioned method of bidding, a bidding credit is irrevocably and permanently deducted from User's bidding credits balance on User's account. Unless otherwise specified on the auction details webpage, each new Bid that is placed increases the price of the item on which User is bidding by 1 cent and adds a time duration not exceeding 15 seconds to the corresponding auction countdown timer. The one exception to the resetting of the auction countdown timer is when two Autobids are bidding against one another. For more information, please consult the Help Section on 1cent.ca.
The identity of Winning Bidders is determined by 1cent.ca Inc based on the records archived in 1cent.ca' database. Said determination by 1cent.ca Inc shall be final. Bids are recorded in 1cent.ca' database at the time and in the order that they are transmitted to 1cent.ca' server. Bids transmitted to 1cent.ca' server after the auction has ended as per the auction countdown timer will be considered late Bids regardless of the time at which said Bids were initiated or sent on User's web browser. All Bids placed by User on any item under auction cannot be refunded.
5. CONFIRMATION OF WIN AND PAYMENT
When the auction countdown timer for an item has reached 0 seconds and the auction thus ended, Winning Bidder can access the "My Account" section of 1cent.ca and follow thereon the steps necessary to purchase said item. Purchase information such as payment options and total price as per the auction result plus shipping costs and applicable taxes ("Total Price") will be displayed. User must choose a shipping address. User must actively confirm and pay the Total Price by following the steps indicated on the "My Account" section of 1cent.ca and elsewhere on the website.
Once Winning Bidder has clicked on the confirmation button and payment has been received by 1cent.ca inc, the auction win is thereby confirmed and the item order placed. If an auction win is not actively confirmed and the item successfully bid upon not effectively paid within 21 days of the auction end date, 1cent.ca Inc reserves the right to refuse Winning Bidder's offer to buy said item for the Total Price; from this refusal on, Winning Bidder's right to pay for and receive delivery of the item is irrevocably and permanently relinquished. Bids placed in said auction are non-refundable.
Winning Bidder must pay the Total Price when confirming the auction win of an item. Said item will not be sent to Winning Bidder until the Total Price thereof has been effectively paid to 1cent.ca inc. After confirming the win and paying the amount due, Winning Bidder will receive a confirmation e-mail. An invoice containing the auction end price, shipping costs, applicable taxes and Total Price will be sent to Winning Bidder by 1cent.ca Inc once arrangements for the delivery of the won item have been made.
If Winning Bidder has purchased Bids that were not validly paid for, the won item will not be delivered to Winning Bidder until payment for all such Bids has been made. Should already purchased and used Bids not have been validly paid for, payments received by 1cent.ca Inc from Winning Bidder shall first be credited to the Bids not yet paid for and then to the item. We reserve the right to retain the item won in an auction until all Bids and the Total Price have been paid for in full.
6. ORDER CANCELLATIONS AND ITEM RETURNS
1cent.ca Inc grants Winning Bidders the right to cancel their order to purchase an item won in an auction as long as said item has not yet been shipped for delivery. Bids placed in an auction are non-refundable. Winnings Bidders can cancel the order by contacting 1cent.ca' support team at the e-mail address firstname.lastname@example.org
A 1cent.ca RMA (Return Merchandise Authorization) number is required to return a faulty item to 1cent.ca for a refund of the auction end price. An RMA number can be obtained by contacting 1cent.ca support at email@example.com .
A faulty item can be returned for a full refund of the auction end price within 14 days of the shipment date, if the item was received in a faulty state. In order to be eligible for a refund, said item must be accompanied by the original invoice (contained in shipment) and the RMA number. Bids placed in the auction are non-refundable. If an item is deemed to have been damaged after receipt, said item will be considered as damaged and thus not eligible for a return. To initiate the return process, Winning Bidder must contact our support team at firstname.lastname@example.org .
All returned items must be in their original packaging and accompanied by all media, manuals, accessories and contents included in the original packaging. Sets/boxes can only be returned in their entirety.
Should 1cent.ca Inc incur any additional costs for insufficient postage, courier shipments, incorrect or insufficient address, or any other irregular shipping method during the return process, said costs will be deducted from any payment remitted by Winning Bidder.
Unless otherwise stated, delivery will be made directly from our suppliers or from our warehouse to the postal address provided by Winning Bidder. Winning Bidder is solely responsible for providing a correct and sufficient postal address. If an item should be returned due to an incorrect or insufficient postal address provided by Winning Bidder, the latter will be responsible for all shipping costs incurred to reship said item. 1cent.ca reserves the right to cancel the order corresponding to the returned item if Winning Bidder does not provide a correct and sufficient postal address and does not pay for the additional shipping costs necessary to reship said item. Deliveries are made solely within the provinces and territories of Canada. Certain restrictions and/or higher shipping costs may apply if the delivery address is in outlying regions of Canada. Please consult the webpages detailing auction specifics for any notifications. Delivery times vary and any delivery time indicated is provided only as a guide and is not guaranteed by 1cent.ca inc. 1cent.ca Inc shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the Winning Bidder. Obvious damage to the item as a result of transport or packaging is to be reported to 1cent.ca Inc upon taking delivery.
Any item won in an auction and delivered to Winning Bidder shall remain the property of 1cent.ca Inc until payment of the Total Price and all Bids used in the auction has been made by Winning Bidder and received in full by 1cent.ca inc. Until such time as payment has been made in full, Winning Bidder undertakes to store the item separately from Winning Bidder's other possessions and to insure said item.
9. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY WITH REGARD TO USE OF 1CENT.CA
USER EXPRESSLY AGREES THAT USE OF 1CENT.CA IS AT USER'S SOLE RISK. NEITHER 1CENT.CA INC, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT 1CENT.CA WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF 1CENT.CA OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH 1CENT.CA.
1CENT.CA IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS & CONDITIONS.
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 1CENT.CA INC 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 1CENT.CA INC OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING 1CENT.CA OR1CENT.CA INC SOFTWARE, 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 1CENT.CA. USER HEREBY ACKNOWLEDGES THAT THEPROVISIONS OF THIS SECTION APPLY TO ALL CONTENT ON 1CENT.CA.
IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, 1CENT.CA INC NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENTPARTNERS 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 1CENT.CA, 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.
10. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY WITH REGARD TO PURCHASES FROM 1CENT.CA
All new items are sold to Winning Bidders with the manufacturer's limited warranty only. 1cent.ca Inc warrants solely that the items sold to Winning Bidder under said terms shall have the characteristics specified in 1cent.ca' specifications for such new items as set forth in the description of each auction, and makes and assumes no further warranties. The warranty and service periods vary by manufacturer and item. The full text of any such warranty is available, free of charge, upon written request e-mailed to our support team at email@example.com . Warranty is excluded for the delivery of any used products. Winning Bidder agrees to hold 1cent.ca inc, its related parties, affiliates, owners, employees, and agents harmless, and further agrees to fully indemnify any one or more or all of them from any and all costs, expenses, liabilities, and damages whatsoever that may arise as a result of the User's entry into or use of 1cent.ca.
EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES SET FORTH ABOVE, 1CENT.CA INC MAKES NO OTHER REPRESENTATIONS ORWARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS SOLD OR ANY RELATED SERVICES PERFORMED BY 1CENT.CA INC OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH OTHER WARRANTIES ARE EXPRESSLY EXCLUDED AND DISCLAIMED.
1CENT.CA INC SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE IMPROPER HANDLING,MODIFICATION, MISUSE OF THE ITEMS BY WINNING BIDER OR ANY OTHER PERSON FOLLOWING DELIVERY BY US. IN NO EVENT SHALL 1CENT.CA INC BE LIABLE TO ANY PERSON FOR INCIDENTAL OR CONSEQUENTIAL OR OTHER 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 REPRESENTATION OR WARRANTY OR OTHERWISE.
THIRD-PARTY LINKS WILL LET YOU LEAVE 1CENT.CA' WEBSITE. THE LINKED WEBSITES ARE NOT UNDER THE CONTROL OF 1CENT.CA INC AND 1CENT.CA INC IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED WEBSITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH WEBSITES. 1CENT.CA INC IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED WEBSITE. 1CENT.CA INC IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY 1CENT.CA INC OF SAID WEBSITE. 1CENT.CA INC ASSUMES NO LIABILITY FOR THE CONTENT OF SUCH THIRD-PARTY LINKS.
12. SYSTEM OUTAGES, CANCELLED AUCTIONS AND TEMPORARILY SUSPENDED AUCTIONS
A system outage has occurred if bidding has been disrupted for a majority of Users due to an unforeseeable disruption in the server system. If an auction ends during a system outage, 1cent.ca Inc reserves the right to invalidate said auction, credit back all used Bids to Users' accounts, invalidate the winning Bid, and refund any money that was paid by Users to participate in the cancelled auction.
Auctions may also be temporarily suspended due to a technical disruption such as, but not limited to, system outages. In such a case, all remaining times on auctions, current bidding prices and current highest bidders will be maintained. After the technical disruption has been resolved, the auctions will resume, and at least 10 minutes will be added to the remaining times of all auctions that were temporarily suspended. Temporarily suspended auctions will be clearly indicated on 1cent.ca. Bids placed on a temporarily halted auction shall not be credited back to Users' account and are not eligible for a refund for Bids used or any other costs incurred by User.
With the currently available technology, it is not possible to develop error-free computer hardware and software, or to rule out any unpredictable events in connection with the Internet. 1cent.ca Inc therefore provides no guarantees as to the constant and uninterrupted availability of 1cent.ca and 1cent.ca inc's technical systems. Furthermore, 1cent.ca Inc shall not be liable for any damage whatsoever incurred by Users or third parties from using 1cent.ca. In particular, 1cent.ca Inc shall not be liable for damages that occur as a result of Bids submitted in auctions not being transmitted and received by 1cent.ca or not being received promptly or not being considered, as a