TERMS & CONDITIONS
The following Terms & Conditions Agreement (hereinafter, also referred to as “Agreement”) shall govern the relationship between BP Interactive, LLC (hereinafter, also referred to as “Company” or “We” or “Us” or “Our”), its online business arm Swipeo.com (hereinafter, also referred to as “Website”) and the users of the Website (hereinafter, also referred to as “You” or “Your”).
This is a legal Agreement and forms the entire agreement between the users of the Website and the Company relating to the subject matter hereto. If you find any provision(s) contained hereunder unacceptable, kindly cease all the current as well as future usage of this Website with immediate effect.
Before becoming a member of this Website by completing the Registration process, it is indispensable to read and agree to the clauses and provision enunciated hereunder.
This Agreement is subject to modifications and updates anytime without any special notice to anyone. Any change in this Agreement shall be posted on this page and shall come into effect at the time of posting. We advise You to visit this page to get information on the latest updates in this Agreement.
Last Updated on: 11/14/09
Notwithstanding anything contained hereunder, We reserve the right to prominently display on the Website or personally inform the registered members through email the changes that We, in our sole discretion, deem important
Description of Services
The Website offers the users a bidding platform for the products belonging to diverse categories. The users can place unlimited number of bids on the products. The bids can be bought through our secure online payment system. The bids start at very low prices, usually less than a dollar (USD). The last bidder wins the auction and the product at the last bid price when the countdown reaches zero, subject to the reserve requirement for that particular auction.
Eligibility
By registering and bidding on this Website, You hereby warrant that You are of the age of majority, i.e., over 18 years of age. Further, You represent and warrant that –
1. You have the right, authority, and capacity to enter into this Agreement;
2. You are not an employee or relative of an employee of the Company;
3. You are not a commercial or part-commercial reseller;
4. You are a single account holder and do not hold multiple accounts on this Website;
5. You will not permit any minor (a person below 18 years of age) to use Your membership details in order to make an auction bid on this Website.
6. In case, other member(s) of Your family (in the same household) hold an account with the Website, there shall be only one bidder per auctioned item per household permissible.
7. You shall provide complete, accurate and updated personal information required for registration. Further, You shall update your account information as and when needed.
8. You shall not impersonate on this Website.
9. You shall not indulge in any action that amounts to defamation of this Website brand or the Company on any third party forum including, but not limited to, forums, blogs, message boards, and social networking websites. You further agree to bear the damages, financial or otherwise, in the event of any violation of this provision.
10. You shall abide by all Terms and Conditions enunciated under this Agreement.
Term and Termination
The term of this Agreement runs through till the duration of Your usage of this Website either as a member or a visitor to this Website.
You can terminate the membership of this Website at any time, without providing any reason, by getting in touch with us in writing with a termination request. However, no membership will be terminated in case the member is highest bidder or auction winner, until that member pays in full for all outstanding auctions or until such time the member loses the highest bidder status and resultantly, the auction closes.
Further, We reserve the right to terminate Your membership at any time if You, upon reasonable inquiry, are found in breach of any provision of this Agreement.
Once Your membership is terminated, all Your details shall be erased from the active database of this Website. However, no erasure of records shall be carried out for a period mandated by statutory requirements.
Fees
1. There is no fee for joining the Website as a registered member.
2. However, ‘Bids’ must be purchased and paid for by the members before they can make a bid for auctions on this Website. The price per bid is accessible from ‘Purchase Bids’ section after You log in. We reserve the right to update the price per bid any time without any notice to anyone.
3. The mode of payment can be PayPal, and major credit/debit cards (Visa, MasterCard, and JCB).
4. Bid once made becomes non-refundable.
5. In the event that a payment by the user is dishonored, a prescribed ‘Returned Payment Fee’ as applicable shall be charged from that user’s account. We reserve the right to block access to the user’s account until payment in full of the invoice amount, including any fees due to Returned Payment etc., is received in full. We also reserve the right to withhold any outstanding deliveries, until payment is received in full.
6. The bid becomes chargeable as soon as the user makes a bid, and is immediately deducted from the user’s account.
7. We reserve the right to change the applicable fees and fee-structure at any time in our sole discretion without any notice to anyone.
Registration and User Account
We use unique combination of username and password to create Your account. Such username and password are of Your own choice and are non-transferable. Username has to be unique, i.e., no other user must have registered with the same username; and non-offensive to any third party. Both username and password are case sensitive.
You shall be solely responsible and liable –
1. for maintaining the secrecy, and confidentiality of Your password;
2. for any voluntary or involuntary disclosure of their password to any third party through any medium whatsoever;
3. for using the account of another member, at any time;
4. for all uses of Your account, whether authorized or unauthorized; and
5. to immediately notify Us, in case You suspect, or are sure about, any unauthorized use of Your account or access to Your password.
Any illegal activity concerning the user’s account shall result in immediate suspension and possible termination of such user’s account. Further, We reserve the right to report such illegal activity to the relevant authorities for further action.
In the event, the account is dormant for three (3) months or more, We reserve the right to suspend that user’s account.
Bidding Details and Auction Process
1. Auction for a product commences with the display of auction variables of that product, including product description, under the relevant category.
2. For clarification purposes, only those users are allowed to bid on the auctions that have successfully completed the registration process.
3. There are two modes whereby the members can place their bids – (i) manually using easy-to-follow instructions, or (ii) by using automated system ‘Swipeo BidButler’ which can be fully customized. For more on ‘Swipeo BidButler’, please follow Help section.
4. You are expressly prohibited from using any third-party software, like robots or sniping programs, for bidding purposes on this Website.
5. We reserve the right to set certain Auction Reserve Requirements for some products, in our sole discretion, which can be ensured using technical means.
6. By placing a bid through either mode, You acknowledge that You are fully aware of the auction variables and the terms and conditions contained hereunder.
7. By placing a bid through either mode, You warrant that in case of a successful auction, You agree to receive the product subject to the conditions laid out in the related auction.
8. We reserve the right, in our sole discretion, to limit the number of auctions a user may participate in or the number of successfully concluded auctions by that user.
9. With every bid, the price of the item increases by the amount specified in the auction. Every time a new bid is placed, the remaining time for an auction is automatically reset up to the displayed countdown reset value.
10. The auction concludes when the countdown clock shows zero. The last bidder wins the auction. We reserve the right to declare the actual last bidder strictly based on the records in Our database. The decision arrived at by the Company regarding the last bidder shall be final and binding, except in the case of an obvious error.
11. No member can win more than three (3) auctions per week. If a member reaches the win limit, he or she shall be sent an email notification to the effect that the win limit for the week has been reached. Further, an email notification shall be sent informing when they shall be allowed to bid again.
12. In addition to making a bid on the products being auctioned, the users also have the option to buy that product using ‘Swipe It Now!’ feature. For more on this feature, please visit Our Help section.
Conclusion of Auction
Upon conclusion of the auction, all other bids, except the winning bid, shall expire and will not be credited back to the users’ account or be eligible for a refund.
A contract to purchase the item at the bid price does not come into effect until the auction is concluded and the last bidder has accepted the auctioned item by confirming and paying the final bid price for the item.
If the winning bidder does not confirm and pay for an auction within three (3) days of the auction closure, the seller of the item has following rights:
(i) Either to continue with attempts to contact the winning bidder; or
(ii) Contact the second highest bidder and sell the item to the second highest bidder; or
(iii) Re-list the item on the Website.
In the event, the seller sells the product to the second highest bidder, the winning bidder shall still remain liable for non-performance of the contract.
We reserve the right to cancel any bid without making a refund in any of the following events:
(i) The bidder has furnished false information during the registration process; or
(ii) Any fraudulent activity is suspected against the user’s account; or
(iii) Any collusion is suspected or detected between one or more bidders; or
(iv) For any other plausible reason.
In the event of cancellation of auction for any other reason, the bid fee of all bidders will be refunded.
Shipping and Delivery
Upon winning the auction, the winner shall be informed within twenty-four (24) hours by email, and shall be asked to pay for the winning bid amount. This email shall carry all the necessary instructions and links to facilitate the payment.
Upon receipt of payment from the winner, the product shall be delivered within fourteen (14) business days. However, shipping and delivery times vary widely and any delivery times indicated on the Website are only indicative and not guaranteed.
Shipping and delivery shall be made directly from the Company suppliers to the shipping address provided by the member during registration.
Deliveries are made only to the United States of America (USA) and Canada, excluding the USA sovereign territories of Guam, Puerto Rico and the US Virgin Islands.
An invoice shall be sent to the winning bidder along with the delivery of the item.
The Company shall be entitled to use third parties to fulfill its contractual obligations without being required to notify the winner or buyer.
Major damage to an item during shipping shall be reported to the Company upon receiving the delivery.
If the Company is unable to deliver the winning or purchased item, the Company reserves the right to substitute the item with a comparable product having similar or better features, or alternately, provide a refund of the money, based upon the member’s preference.
Unless otherwise stated, installation costs are not included in the amount, and we do not undertake to install any products.
Returns and Cancellations
The following terms and condition govern the returns and cancellations of the delivered items:
1. All cancelled orders shall be refunded in full.
2. No cancellation request shall be entertained after fourteen (14) days from the day the winning bidder received the goods.
3. No cancellation for audio or video recordings or computer software that has been unsealed by the winning bidder.
4. All cancellation requests must be made in writing to the following address;
BP Interactive, LLC
Swipeo.com
Email: support@swipeo.com
PO Box 6124, Maryville, TN 37801
5. In order to claim a refund, the cancelled item must be returned in the same condition in which it was supplied to the winning bidder.
6. Unless goods are found to be faulty, all costs of postage for returns shall be paid by the winning bidder.
7. All incomplete or damaged returns carry the cost to be determined by Us, in Our sole discretion, and to be paid or adjusted from the winning bidder’s account.
General Provisions
1. All information, text, material, graphics, sounds, and advertisements on this Website are the property of the Company, and protected by the US Federal and State Laws, and relevant International Laws on the protection of Intellectual Property Rights.
2. The users are expressly prohibited from indulging in any act or omission that is deemed illegal under the relevant applicable laws.
3. This Website contains third party links, including but not limited to that of Our partners, or affiliates, or advertisers. We do not control or regulate the content and administration of such third party linked websites. Therefore, We do not endorse or guarantee the suitability or reliability of the content on such linked sites.
4. We are an independent company and thus, do not claim to be an authorized dealer or agent of any of the manufacturers, suppliers or distributors whose products are advertised or auctioned on this Website. All references to manufacturers of products advertised or auctioned are for identification purposes only.
5. We do not endorse or recommend any of the products appearing on the Website. Bidding on or buying such products is Your sole decision taken after exercising due diligence.
6. We do not guarantee continuous and uninterrupted transmission of, or secure access to, this Website due to unavoidable outages, breakdowns, or other similar and dissimilar reasons out of Our control.
7. In no event shall the Company be liable for lost profits or any special, incidental or consequential damages arising out of, or in connection with this Website, its services or this Agreement, however arising.
8. This Website is provided on an “AS IS AND AS AVAILABLE” basis. We disclaim any warranty of fitness for a particular purpose or non-infringement.
9. We do not guarantee any specific results from the use of this Website.
10. All requests for technical service and support for the delivered items should be made directly to the manufacturer in accordance with their terms and conditions.
Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT SHALL SWIPEO.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF SWIPEO.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SWIPEO.COM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SWIPEO.COM FOR THE SERVICES OF THE WEBSITE DURING THE TERM OF YOUR MEMBERSHIP
Consequences of Breach of Agreement
If a breach of this Agreement is suspected or detected, We will deal with the offender in the following chronological order –
1. Warning to remedy the breach;
2. Temporary or Indefinite Suspension of account;
3. Refusal to access services from the Website;
4. Termination of account;
5. Legal Recourse, including but not limited to suing the offender for damages.
Indemnity
You agree to indemnify and hold Swipeo.com and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to Your use of this Website, Your violation of this Agreement, Your violation of any rights of another, or any other loss suffered by Swipeo.com on account of Your direct or indirect conduct.
Privacy
Please refer our Privacy Policy to know how we protect the privacy of the user-information collected by the Website.
Jurisdiction
All the disputes arising out of or related to this Agreement or Your relationship with Swipeo.com shall be subject to the laws and courts of the State of Tennessee, United States of America, without regard to conflict of law provisions.
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