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TERMS AND CONDITIONS
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Trend Trading (Bid Wars) has partnered with MPP Global Solutions to offer a range of leading web, mobile and SMS eCommerce services. The following terms and conditions apply.
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1. TERMS AND CONDITIONS
1.0 INTRODUCTION
1.1 The Website Owner, including subsidiaries and affiliates ("Website" or "Website Owner" or "we" or "us" or "our") provides the information contained on this website or any of the pages comprising the website ("website") to visitors ("visitors") (cumulatively referred to as "you" or "your" hereinafter) subject to the terms and conditions set out in these website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website.
1.2These services are operated by MPP Global Solutions Ltd (MPP), of Chadwick House, Birchwood Business Park, Warrington WA3 6AE, United Kingdom, who are the Data Controllers for all personal data uploaded to and processed on this site and the Vendors and Suppliers of all products and services. MPP is the name of the company which will appear on your credit or debit card statement if and when you make a purchase. You can contact MPP at the above address or by emailing info@mppglobal.com.
1.3 Access to, and use of, the services are at all times at the sole discretion of MPP/Bidwars and the service is only available to a User with the consent of MPP/Bidwars. MPP/Bidwars can withhold consent to the User?s use of this site at any time notwithstanding that the User may have made previous use of the service.
1.4 Bidwars will not be liable for any damage or loss, direct or consequential, arising out of any lack of access to the site or email / SMS alerts generated by the site at any time by the User, Bidwars or by any others persons or body.
2. INFORMATION ON THE WEBSITE
Whilst every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the website. the Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know.
3. EXTERNAL LINKS
External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Trend Trading Limited (Bidwars). Please contact us if you would like to link to this website or would like to request a link to your website.
4. PRIVACY
4.1 All personal data submitted to this site shall be used by Bidwars for the purpose of considering all offers to purchase made on this site, and processing all contracts concluded on this site for the supply of products, services and events and also to carry out the various services declared on this site, such as retaining and profiling of personal data in order to personalise the products and services offered to the User and the dates and occasions on which they are offered. In order to carry out these services and to satisfy all contracts concluded on the site it will be necessary for Bidwars to share the personal data with third parties who are the manufacturers, source suppliers, promoters and/or operators in respect of the various products, services and events available on this site.
4.2 In order to provide the various services on this site, in particular to profile and personalise offers to be made to Users, it will be necessary to retain the data for an indefinite period of time and also to transfer such data to the manufacturers and source suppliers of products, services and tickets or vouchers to requested events, whether or not those are specifically requested by the User or identified by processing as fitting within the User's profile. It may be necessary from time to time to transfer such data outside of the European Economic Area.
4.3 Acceptance of these Terms & Conditions amounts to full acceptance of the use of personal data in the way set out herein including the processing of such data for the purpose of further marketing to the User by Bidwars or third parties.
4.4 It is the responsibility of the User at all times to ensure that the personal data uploaded to this site and retained by Bidwars and processed as herein is at all times accurate and up to date. At any time the User may examine the data and make amendments to it or withdraw consent for the use of the data for the purpose of marketing any products or services or events to the User or by withdrawing all data from our database by clicking the relevant hyperlink in the "My Settings" section of the Users home page.
5. FORMATION OF CONTRACT
5.1 When the User requests to purchase a product or item on this site such a request amounts in law to an offer only to purchase at the stated amount. No binding contract in law is formed until such time as e-mail is sent by MPP/Bidwars to the e-mail address of the User in which it is stated that such offer is accepted.
6. ITEMS SOLD
6.1 It is the intention of Bidwars to at all times provide sufficient information about the products, services and events offered on this site as would be reasonable to fully describe the item to the extent required by the Consumer Protection (Distant Selling) Regulations 2000. As items will be offered through the site by source suppliers it may be from time to time that the description falls short of what the User personally considers adequate to describe the items to the above standard. In that event the User agrees to request further information as soon as is reasonably possible by e-mail to Bidwars on the address given on this site. The failure of the User to make such request, either before or after an offer is submitted on this site to Bidwars, shall amount to an acknowledgement by the User that the description on the site is adequate.
7. UNAVAILABILITY OF PRODUCT
7.1 Whilst Bidwars will at all times take all reasonable steps to ensure that the product, service or tickets or voucher to an event, is available as requested, the User understands that it is in the nature of the type of the service offered on this site and the wide sourcing of products that from time to time, and through no fault of their own, this may not be possible. In such event a suitable alternative item will be offered by Bidwars to the User who agrees to use his or her best endeavours to accept such an alternative as an appropriate replacement.
8. DELIVERY
8.1 This site will specify to the User before an offer to purchase is made of the outside time for delivery which will be 30 or less days or, if a longer period is required such as, under the Consumer Protection (Distant Selling) Regulations 2000, requires the consent of the User, as indicated to the User by e-mail prior to acceptance of the offer. If the User does not agree to such longer period of delivery as specified in such e-mail then he or she agrees to so notify Bidwars of such objection by replying to the e-mail within 24 hours of its receipt at the User's e-mail address.
8.2 It is agreed that the arrival of the product, voucher or ticket at the address given by the User at the time of order and amounts to delivery in full under the contract of sale notwithstanding that it may not be possible for whatever reason to actually deliver within such premises. It is the responsibility of the User to ensure the latter is possible.
8.3 If at any time the User wishes to cancel the purchase after delivery of any goods then, without prejudice to any challenge to the validity of being so able to do and to the respective rights and obligations on the part of Bidwars and the User, the cost of the return of the goods to Bidwars or their supplier shall be borne by the User.
9. SYSTEM FAILURE
9.1 The User accepts that the technology behind the Bidwars site is 'leading edge' and it is in the nature of that technology that from time to time problems occur, whether in relation to software or telecommunications or other matters that are not the fault of any party involved in contracts of sale concluded. In view of this the User agrees that should any fault that is not as a result of any direct lack of care by Bidwars, leads directly or indirectly to the failure by Bidwars of the carrying out any contracts concluded on this site that the User will not, in such circumstances, hold Bidwars liable in any way for any loss or damage arising nor will seek specific performance of any such contracts.
9.2 The User accepts that Bidwars gives no warranty whatsoever that use of the service provided on this site, including engaging in email correspondence with Bidwars and others and the downloading of files, will not expose the User's hardware and/or software to computer viruses, or worms, Trojan horses or other code of a damaging nature.
9.3 Bidwars accepts no responsibility for the content and functioning of other web sites that the User may access through this site, nor does Bidwars endorse the content of such other sites.
10. USER'S WARRANTIES
10.1 The User warrants to Bidwars that the User will not use this site for any purpose that is unlawful under the laws of any country binding on the User, whether in respect of the nature of the items sought to purchase or otherwise, or prohibited by these Terms and Conditions.
10.2 The User warrants that he or she will keep safe and secure and confidential all passwords and credit and debit card data used on the site and will fully and effectively indemnify Bidwars against all loss or damage caused by any misuse of such passwords or data.
10.3 The User warrants that he or she shall print out and retain, and make available to Bidwars at all times, copies of all notices making or confirming any order transacted on this site including the `eReceipt'.
11. GENERAL
11.1 For the avoidance of doubt, e-mail is considered to have been 'sent' when successfully remitted on to the Internet in a form or manner that does not prevent successful collection by the recipient.
11.2 BIDWARS gives no warranty, expressed or implied, that this site will function and be accessible at all times correctly as intended. The User agrees that BIDWARS has no responsibility for any loss or damage of any nature, howsoever arising from the User's use of the site and the service, or from the handling by the site of any data uploaded and or downloaded to or from the site by the User and or BIDWARS.
11.3 It is understood by the User that BIDWARS is not responsible for putting on or organising or in any way controlling or managing any events for which vouchers and tickets may be available on this site nor is responsible for the design, manufacture, storage or delivery of any products offered for sale on this site. In such circumstances the User accepts that he or she will not hold BIDWARS, its officers, employees or agents or others acting under its name, responsible in any way for any loss or damage caused directly or indirectly by the items the subject of sale on this site nor seek cancellation of the contract or reimbursement of all monies paid for items save in accordance with rights of cancellation under the Consumer Protection (Distant Selling) Regulations 2000 nor hold responsible BIDWARS, its officers, employees, agents or others acting under their name for the quality of products, services or events and will limit his or her rights to such as they may be against the manufacturer or ultimate provider and manager of the event.
11.4 Notwithstanding the above if any liability in law rests on BIDWARS, the User agrees that BIDWARS can in no sense be responsible for any loss or damage consequential on any failings alleged in the product, service or event and will limit financial claim to recovery of the amount of the purchase price.
11.5 BIDWARS make no warranty that any statements or text within this site is accurate and accepts no liability for any lack of accuracy therein.
11.6 Any failure by BIDWARS to enforce any of its rights under agreements entered into under this site and the service provided hereon and these Terms and Conditions shall not be construed as a waiver of any of its rights herein.
11.7 At all times BIDWARS has full right an power to assign any of its rights and duties under all agreements entered into under this site and the service provided hereon to any other party at any time without notice to the User.
11.8 The waiver by BIDWARS of a breach or default of any of the obligations hereunder by the User shall not be construed as a waiver of any succeeding breach of the same or other obligations nor shall any delay or omission on the part of BIDWARS to exercise or avail itself of any right power or privilege that it has or may have hereunder operate as a waiver of any breach or default by the User.
11.9 If any of these Terms and Conditions shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such Terms and Conditions shall not affect the other Terms and Conditions herein and all not affected by such invalidity or unenforceability shall remain in full force and effect. The parties hereby agree to attempt to substitute for any invalid or unenforceable Terms or Condition a valid or enforceable substitute that achieves to the greatest extent possible the economic legal and commercial objectives of the invalid or unenforceable Terms or Condition.
11.10 It is the responsibility of the individual to ensure that their mobile device is configured to correct security settings. BIDWARS accept no liability for data lost or accessed by a third party due to failure by the individual to properly use the security recommended and provided by the site owner. The individual is advised to use the BIDWARS WAP gateway at all times with a mobile device that can use class 1 WTLS.
11.11 To make it easier and quicker for the User to buy products and services, re-knew orders and subscriptions and purchase service credits, BIDWARS store credit/debit card details of Users. The credit/debit card details are stored using high levels of security and encryption.
12. COPYRIGHT
12.1 BIDWARS are the owners of all international copyright in the content, design, look, feel and functionality of this site. As a result the USER agrees that he or she may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any manner the site and its contents including text, graphics, code or other items other than temporarily in the course of using the service provided by this site or to keep a record of a transaction entered into using this site.
13. APPLICABLE LAWS
13.1 All agreements entered into under this service shall at all times be governed and construed in accordance with the laws of England and Wales and, further, that the courts of England and Wales shall have exclusive jurisdiction over any legal action between BIDWARS and the User and other parties arising in connection with such agreements or this site.
14. SMS MESSAGING
14.1 The illegal use of the BIDWARS Free SMS service (person to person messaging), or the sending of messages which contain sexual, racist or discriminatory references or advertising, is prohibited.
14.2 The User of the service is responsible for the content of the messages they send, according to the generally applicable laws. BIDWARS does not undertake any liability for the content of the messages transmitted. In the event of a violation of one of the above-mentioned legal norms, the author of the message exempts BIDWARS from any claims by third parties.
14.3 The User of this service undertakes not to send any messages that the addressee does not agree to receive or by which the addressee is illegally molested.
14.4 In the event of misuse, BIDWARS reserves the right to exclude individual members from using this service and to block individual numbers belonging to addressees.
14.5 No claim exists to the use and availability of this service. Messages are usually sent immediately, but there may be delays in transmission. It is not guaranteed that the messages will be received. Senders send a message at their own risk.
14.6 In accordance with the legal provisions, usage data are recorded only insofar as this is necessary for the untroubled performance of the service. In accordance with the principles of the reporting of data, the usage data will be deleted again as soon as possible.
14.7 Additional text maybe appended to the end of the message, and which concerns the origin of the message.
14.8 BIDWARS is not responsible for SMS messages that are delayed or do not arrive at the intended destination. This includes SMS reminders, low credit reminders and other SMS messages that can be set-up from the web site.
14.9 Considering that the sending of SMS messages is linked to commercial offers where no service level agreement from Telecom operators is possible, BIDWARS can not be held responsible for failure of transmission or change of nature of messages. Furthermore, message reception is not necessarily guaranteed by good working order of the GSM network. If your mobile is switched off or out of coverage zone during the message's validity time (12 hours) , it will not be delivered. Additionally, SMS messages being stocked in the mobile's SIM card, delivery is dependent on the mobile's memory capacity.
15. SMS SERVICE PROVISIONS
15.1 Because of the nature of fast moving real-time information and the vagaries of the Cellular Network and because it is possible that the User may use the Service in a way not contemplated by BIDWARS the User acknowledges that BIDWARS responsibilities extend only to the provision of indicative information. For the avoidance of doubt:
(i) BIDWARS make no warranties, express or implied, as to the results to be obtained by the User or any person or entity from the use of the Service;
(ii) BIDWARS make no warranties, express or implied, with respect to the fitness for a particular purpose or use of the Service;
(iii) BIDWARS shall have no liability to or through the User for lost profits or consequential loss or damage arising from the use of, or inability to use, for whatever reason, the Service;
15.2 BIDWARS will use their reasonable endeavours to ensure the uninterrupted and timely supply of the Service and to take all reasonable steps at their own expense to correct any error, omission or mistake in the Service but:
(i) BIDWARS shall be under no liability for any error in nor for any delay or failure in the transmission of the Service to the User; and
(ii) BIDWARS do not provide any warranty as to the accuracy and completeness of the information provided through the Service; and
(iii) any such liability as might arise (which is not admitted) shall be limited to the charge made to the User for the message from which such liability occurred.
15.3 The User also recognises that the Service may from time to time be adversely affected by local geography, topography and/or atmospheric conditions and/or other causes of interference and/or network coverage of his chosen Cellular Network and/or other event that is outside the control of BIDWARS.
15.4 A request by the User for any change and/or variance in the Service shall be made by selecting the appropriate option via the IVR , or via other prescribed methods as may be introduced from time to time, and advertised as appropriate methods of registering for or altering the User's use of the Service. For the avoidance of doubt, BIDWARS are under no obligation to accept any request made under this clause 14.4.
16. SUSPENSION & TERMINATION
16.1 The Service may be suspended or terminated immediately by BIDWARS without prejudice to any of their accrued rights if they consider that the User is in breach of any of the provisions of this agreement.
16.2 BIDWARS may request that excessive Users of the Service reduce their use of the Service. If BIDWARS at their sole discretion consider that the Users use of the Service is continuing at an excessive level, BIDWARS may suspend access to the Service.
16.3 Without prejudice to the provisions of this clause 14, BIDWARS shall be entitled to discontinue the Service on 3 days notice to the User.
16.4 SMS services shall be terminated automatically if BIDWARS receives notification from the Cellular Network or Service Provider with whom the User is contracted to use the Cellular Phone that such contract has been cancelled.
16.5 Service Credits are not refundable.
16.6 The termination of this agreement shall not effect any pre-existing liability of either party to the other hereunder or affect any right of either party to recover damages or pursue any other remedy in respect of any breach by the other party of the terms and conditions thereof.
APPLE IPOD TOUCH 16GB + £50 ITUNES GIFT CARD
Additional Terms and Conditions for Print - LOWEST UNIQUE BID Auctions (text message)
Texts messages cost £1.50 plus your standard network rate. You will be charged via your initial bid confirmation reply message. Any bid status or ad hoc update messages you receive thereafter are free.
Bids sent by text message must be in the following format the WARS TOUCH, and your bid in pence which must be sent to 82540.
E.g. To bid of £11.47, Text: WARS TOUCH 1147 to 82540
Your bid amount must be placed in whole pence sterling only, numeric, bids should not contain any letters, symbols(£), commas(,), fullstops or any other symbols as these will not be recognised.
Bids received after the close date will not be entered in to the auction and may still be charged at the network operators rate.
Minimum bid is 1p and maximum bid is 3500p. The duration of the auction is 1 week for each item unless extended, The auction can close at any time.
Once an auction is closed the entrant with Lowest Unique Bid will be obliged to buy the auction item at that bid price where there will be a binding legal contract for the sale of the auction item by Bidwars to the bidder. Bidwars record of each bid is the official record of bids. If the successful bidder defaults, Bidwars may award the next lowest unique bidder. If no single lowest unique bidder exists, Bidwars may award the bidder who first submitted the lowest non-unique bid amount resulting in fewest bidders.
You must be a resident of the UK and be over the age of 18 to enter.
Once the auction has closed the successful bidder will be contacted and the verification process will begin. If you are not using your own mobile phone, ensure you have permission from the bill payer. Bidwars accepts no responsibility for any damage, loss, injury or disappointment suffered due, bidding or accepting the auction item.
The successful bidder will be contacted within 5 working days of the close of auction. Their name and bid item will be published on the www.bidwars.co.uk web site and may also be published in Blue sky publications.
Employees (and families) of Trend Trading Limited are NOT eligible to participate in auctions. Blue Sky Publications and suppliers cannot be held responsible for a breakdown in communication systems or networks that may result in a bid not being registered or text message not being delivered.
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