Biddl Terms of Service

I. General

Biddl Inc., with headquarters on 295 Madison Ave, 12th Floor, New York, NY 10017 owns and operates the website at https://biddl.com (the “Site”) and the Biddl mobile application (the “App”) that are subject to these terms of service (“Terms of Service” or “Terms”). We are pleased to offer you access to the Site and the App (collectively, the “Platform”) and the ability to participate in our auctions, shopping opportunities, other content, products, services, and promotions (collectively, the "Service") that we may provide from our Platform, subject to these Terms of Service, our privacy policy (the "Privacy Policy") and the Official Rules for the applicable auctions and promotions (the "Rules" and together with the Terms of Service and the Privacy Policy, the "Agreements").

You agree to these Terms of Service by accessing or using the Platform, registering for Services offered on the Platform, or by accepting, uploading, submitting or downloading any information or content from or to the Platform.

PLEASE BE ADVISED OF THE FOLLOWING:

ELIGIBILITY: Please read Section IV carefully: you have to be 18 years old to use this service, and you have to be physically located in any continental state of the United States or Washington D.C..

WINNING AUCTIONS AND GETTING DISCOUNTS: Please read these Terms carefully and thoroughly: Biddl does not guarantee that you will win auctions or purchase goods at discounts. We at Biddl do want to emphasize that auction prices are determined by you and other users’ bidding competition: the more that users place bids for an item, the higher the price becomes for that item. The final price for the item is separate from the money spent on bids for that item. Our users can register via Facebook and you can see the real-life people you are competing against in the App when other users are logged in via Facebook.

These Terms of Service constitute an enforceable legal agreement between you (“you”, or “user”) and Biddl Inc. (“Biddl”, “us” or “we”), and shall apply to your use of the Platform and the Services even after termination.

Biddl reserves the right to change or modify any of the Terms contained here, or any policy or guideline concerning your use of the Platform, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. We will post a notice of such changes to these terms on the Site for thirty (30) days. Changes to referenced policies and guidelines may be posted without notice to you. Your continued use of the Service following our posting of them will constitute your acceptance of such changes. IF YOU DO NOT AGREE TO UPDATED TERMS OR ANY MODIFICATION OF THE AGREEMENTS, DO NOT REGISTER OR CONTINUE TO USE THE SERVICES OR THE PLATFORM.

II. Privacy Policy

Biddl respects your privacy and permits you to control the treatment of your personal information. A complete statement of Biddl’s current Privacy Policy can be found at https://biddl.com/privacy.html. Biddl’s Privacy Policy is expressly incorporated into the Agreements by this reference.

III. Biddl Auctions: How the Service Works

PLEASE NOTE: BIDDL IS AN AUCTION SERVICE WHERE YOU HAVE TO PAY FOR EACH BID. THE COST OF AN ITEM INCREASES WITH EACH BID THAT IS PLACED FOR THAT ITEM. WHEN YOU PLACE BIDS FOR AN ITEM ON THE PLATFORM, THE TOTAL PRICE PAID BY THE WINNING BIDDER EQUALS THE COST OF ALL THE BIDS HE OR SHE PLACED, PLUS THE PURCHASE PRICE OF THE ITEM, AS DETERMINED BY THE AUCTION, AND SHIPPING COSTS FOR THE ITEM. YOUR FINAL COST FOR THE ITEM MIGHT THEREFORE BE MORE THAN THE ORDINARY MARKET VALUE OF THAT ITEM. PLEASE BE ADVISED THAT BIDS ARE NOT REFUNDED TO YOU IF YOU DON’T WIN AN AUCTION TO WHICH YOU HAVE APPLIED YOUR BIDS. WE ADVISE YOU TO NOT USE THE SERVICE IF MONEY SPENT ON UNSUCCESSFUL BIDS OR PAYING MORE THAN THE ORDINARY MARKET VALUE FOR AN ITEM CAN CAUSE OR INCREASE ANY FINANCIAL HARDSHIP.

III a) Auctions

1) Paid Auctions

For Paid Auctions, each submitted new Bidd will trigger an increase of the price for the item on which the user is bidding by an amount specified in the auction details. A placed Bidd is an offer from the user to purchase the item on which the user bidds on. A payment contract has only been established when the auction has ended, the last qualifying bidder has been established, and the qualifying bidder proceeds through to the payment page. This is a purchase contract between the last bidder on the auction and Biddl.

2) Free Auctions

Free auctions are marked with a "Free" in place of an auction price. Since the auction price is $0.00, i.e. always free, each submitted new Bidd toward a Free Auction will not trigger an increase of the price for the item. Every placed Bidd represents an offer by the user to redeem the item at a price of $0.00.

When a new Bidd is placed on an auction the “countdown timer” will be reset and time will be added to it. Biddl determines how much time that will be added to the “countdown timer” at its sole discretion on a per auction basis (usually 10 seconds).

An auction ends when no new Bidds are placed before the “countdown timer” reaches zero. An auction cannot end if a user, who isn’t the last bidder, still has Bidds left in the Bidd Queue. In case of network latency the client might show events happening in the system with a slight delay and it might look like Bidds are registered after the “countdown timer” has reached zero. A Bidd like this is valid as long as the Bidd Queue was active before the “countdown timer” reached zero.

The winner of an auction is the user who places the highest Bidd last before the “countdown timer” reaches zero. The other Bidds placed on the auction then expires and will not be refunded. The winning Bidd is decided from Biddl’s database records and Biddl’s decision is final. A Bidd that is placed too late and doesn’t reset the “countdown timer” or isn’t registered correctly is invalid. It is the last and highest valid Bidd that wins an auction.

Biddl may offer the Buy Now option on auctions. The Buy Now option on an auction allows You to receive credit for the paid Bidds You placed on that particular auction towards the retail price of the item (the “bidd credit” Buy Now feature). In addition to the credit You may also receive an additional amount of free Bidds back decided by Biddl in its sole discretion. You will have a limited time to use the Buy now option after an auction has ended (usually 1 day from the time that the auction closed). When this time has passed, the use of Buy Now will be permanently withdrawn.

Biddl does not guarantee that the exact product model won can be sent, Biddl reserves the right to replace the product upon which user bid or bought for full price with another item of similar or higher value at the discretion of Biddl, or an item of a lesser value if the customer requests one, or furnish the user with a gift card. A gift card may be the most suitable substitute solution for challenges related to product availability or supplier challenges.

Biddl is not responsible for third party abuse and manipulation of the Biddl service, for example, if other users create chaos on the Site that then results in lost bids. In such cases, and other cases of third party abuse, Biddl is not responsible

The following statement is very important for any customer or potential customer of Biddl to read and fully understand before using the service:

By registering and using Biddl you understand that you are likely to spend more money than you may receive in merchandise value. Most customers using the site gain less in merchandise value measured in monetary value compared to the amount of money spent bidding to win auctions. Do not buy bids or spend money on the site if you cannot afford to lose the money.

III b) Purchasing Bidds

In this section and in these Terms, we may refer to a bid or bids as a “Bidd” or “Bidds”, respectively.

Before starting to bidd with Biddl You must purchase Bidds. Only registered users on Biddl can purchase Bidds that are offered in packs, so called Bidd Packs. The Bidd Pack sizes vary from time to time and Biddl reserves the right to change the size of the Bidd Packs and the price of the Bidds, in its sole discretion at any time. In the event that a payment is not honored, that user will be charged a returned payment fee and Biddl reserves the right to block the access to the user’s account until payment in full, including any fees for returned payment etc. is received in full. Biddl also reserves the right to withhold any deliveries until payment is received in full.

Bidds have no monetary value and are exclusively offered to users to bidd on Biddl. Bidds are not eligible for exchange to money, but Biddl has a limited return policy for purchased Bidd Packs only for Bidds bought in the Bidd Shop (not for Bidds won on auction or Bidds acquired from any other means than from the Bidd shop purchases). For 1 day after purchasing a Bidd Pack, You have the right to a full refund for the purchase price of the unused Bidds remaining in the Bidd Pack. Free Bidds are not eligible for a refund.

In case of promotional offers where free Bidds are given on top of the paid Bidds, when a Bidd Pack purchase is refunded the user is no-longer eligible for the free Bidds granted for that purchase, and they are also removed from the user's account. When purchasing a Bidd Pack with promotional free Bidds, the free Bidds are added last to the account meaning they will be used after the paid Bidds.

An example: Gavin purchases 50 Bidds and receives an additional 5 free Bidds in a promotional offer tied to the purchase. After that he invites friends and one of his friends joins Biddl so Gavin receives an additional two free Bidds totalling 50 purchased Bidds and 7 Free Bidds. Next Gavin uses his Bidds; first the 50 paid Bidds are used, then the 5 free Bidds received from the purchase and last the 2 free Bidds from the invited friend.

When a user places a Bidd on an auction and that Bidd is deducted from the user’s account, that Bidd can no longer be refunded, no matter if that Bidd was a successful winning Bidd. If you ever believe that your account does not reflect Bidds that you have acquired validly, you must notify us within 1 week of the date you claim to have acquired the Bidds.

Please also be advised that in case of close-down of services, any Bidds remaining in the system after the close-down day will be deemed invalid and that Biddl will not be liable for those Bidds or any related issues.

III c) The Bidding Process

Placing Bidds on Biddl can be done either by tapping the Bidd button on an auction and/or by using the Bidd Queue. The Bidd Queue assists users in bidding by automatically placing Bidds during the last seconds of the “countdown timer”. There is more information about how the Bidd Queue works in the “Help” sections.

Each submitted new Bidd will trigger an increase of the price for the item on which the user is bidding by an amount that is determined by Biddl in its sole discretion, usually $0.01. A placed Bidd is an offer from the user to purchase the item on which the user bidds on. Bidds follow the first-in, first-out -principle, so the Bidds received first will be used first.

Biddl may offer auctions with a cap at the auction price. For these auctions the auction price will not continue to increase for each new Bidd placed when the capped price has been reached.

Not until the auction has ended, and the last qualifying bidder has been established and proceeded through the payment has a contract between the user and Biddl been created. This is a purchase contract between the last bidder on the auction and Biddl.

When a new Bidd is placed on an auction the “countdown timer” will be reset to the “reset time” if the time left on an auction is less than the “reset time”. The “reset time” is determined by Biddl at its sole discretion on a per auction basis (usually 10 seconds).

An example of an auction with 10 second “reset time”: If an auction has 15 seconds left on the “countdown timer” when a Bidd is placed, the timer will not be reset. If an auction has 5 seconds left on the “countdown timer” when a Bidd is placed, the timer will be reset to 10 seconds.

An auction ends when no new Bidds are placed before the “countdown timer” reaches zero. An auction cannot end if a user, who isn’t the last bidder, still has Bidds left in the Bidd Queue. In case of network latency the client might show events happening in the system with a slight delay and it might look like Bidds are registered after the “countdown timer” has reached zero. A Bidd like this is valid as long as the Bidd Queue was active before the “countdown timer” reached zero.

The winner of an auction is the user who places the highest Bidd last before the the “countdown timer” reaches zero. The other Bidds placed on the auction then expires and will not be refunded. The winning Bidd is decided from Biddl’s database records and Biddl’s decision is final. A Bidd that is placed too late and doesn’t reset the “countdown timer” or isn’t registered correctly is invalid. It is the last and highest valid Bidd that wins an auction.

All Bidds are final. All winning Bidds and the fees associated with this are non-refundable.

PLEASE BE ADVISED: SUBMITTING BIDS, INDIVIDUALLY OR THROUGH THE “BIDD QUEUE” FUNCTION, COSTS MONEY. PLEASE MONITOR YOUR BIDDING ACTIVITY CLOSELY SO THAT YOU DON’T SPEND MORE MONEY THAN YOU WANT TO.

III d) The ‘Buy Now’ Feature

Biddl may offer the Buy Now option on auctions. The Buy Now option on an auction allows You to receive credit for the paid Bidds You placed on that particular auction towards the retail price of the item (the “bidd credit” Buy Now feature). In addition to the credit You may also receive an additional amount of free Bidds back decided by Biddl in its sole discretion. You will have a limited time to use the Buy now option after an auction has ended (usually 1 day from the time that the auction closed). When this time has passed, the use of Buy Now will be permanently withdrawn.

III e) Bidd Expiration

Bidds purchased in the application, or won on auction are valid for 6 months from the day that the Bidds are credited to the account. Free Bidds are valid for 3 days from the day that the Bidds are credited to the account. Bidds not used during this period of time will expire and be removed from the account. Expired Bidds will be permanently removed and will only be reinstated at our discretion.

Please also be advised that in case of close-down of services, any Bidds remaining in the system after the close-down day will be deemed invalid and that Biddl will not be liable for those Bidds or any related issues.

III f) Bidd Renewal

Biddl may offer at its sole discretion the possibility for users to renew their Bidds that are about to expire. This may be offered in exchange for a fee and the validity of the Bidds that are about to expire will be extended to 3 days. The Bidds that are renewed will have the same Bidd type (paid or free) after they have been renewed.

III g) Bidding Technicalities

The Bidds placed on Biddl are registered and validated when, and only when Biddl’s servers receive the Bidd and the system registers the Bidd. It’s not registered and validated when the Bidd is sent from the user's application. Most of the time this takes no longer than a second but if there is a delay in the network or the system is under high pressure this can take longer. Biddl cannot be held responsible for any delays in bidding or on the auctions. In the cases of extreme pressure on the network bidding can be completely stopped and no Bidds can be placed. At these times no Bidds will be placed and no Bidds will be taken from user accounts.

Biddl tries it utmost to make the reset timers in the application as precise as possible, however Biddl cannot guarantee that the reset timer, system and Bidd Queue will always function without any problems. Biddl cannot be held responsible for any software errors.

In the event that auctions close prematurely, due to technical problems or other problems that are not in the hands of Biddl, auctions will be rescheduled and all placed Bidds on these auctions will be returned to the users accounts in order to have a fair and honest auction process.

III h) Win/Acceptance

When an auction has ended, the winner of the auction has to confirm the winning and pay the total price including shipping for the auction before it can be sent to the user. The user with the winning bidd has one (1) day from when the auction closed to confirm and pay for the item. If the auction hasn’t been paid for within this time frame Biddl may assume that the user no longer wants the item and may revoke the right to pay for and receive the item. In this case all Bidds placed in the auction will be considered expired and therefore non-refundable. When a win has been confirmed and paid for in full the user will receive a confirmation email and an invoice containing the total price paid including shipping costs.

In case of human error a small number of items in the application may have a wrong price. In case the item sold by Biddl is in actuality significantly more expensive, Biddl reserves the right to cancel the order and notify the buyer.

When a user has won and paid for an auction that user is no longer eligible for a refund on Bidd purchases when the item has been shipped.

III i) Auction tickets

Biddl reserves the right to limit in its sole discretion the number of auctions won per user account. Biddl does this to ensure that our users have the best possible experience while using the Service.

To limit the number of auctions a user can win, Biddl uses auction tickets. To participate in an auction a user must have at least as many auction tickets on the account as is specified on the auction card. When placing the first Bidd on the auction the specified amount of auction tickets will be deducted from the users account. When the auction closes all auction tickets will be returned to all the participating users of the auction EXCEPT to the winner. All users will each day receive new auction tickets in order to be able to participate on auctions. The maximum amount of auction tickets a user can have on the account is 30.

Beginner auctions do not require any auction tickets to participate.

III j) Product win limits

Biddl reserves the right to limit in its sole discretion the number of auctions won per user account. Biddl does this to ensure that our users have the best possible experience while using the Service.

All products exceeding a retail price of $100 are limited to be won only once per 14 days per user. Users that try to participate in the same auction exceeding $100 in value within the 14 days time frame are prevented from being able to participate in advance. Auction tickets are limited to be won only once per 3 days per user.

III k) Auction participation limits

To enhance user experience and equal chances of winning auctions, Biddl attempts to limit some auctions to users of comparable skill, as determined by Biddl. Biddl may do this by limiting which auctions are available to particular users based on any factors deemed appropriate by Biddl in its sole discretion, including experience of the user, historical success of the user, demographic factors, prior bidding and spending activity and other factors. In particular, Biddl may limit certain auctions to less experienced or successful users in any manner Biddl deems appropriate to optimize the overall user experience of all Biddl users. You acknowledge that You may be, and You consent to being, excluded from auctions at Biddl's discretion.

III l) Powers

As a part of the service Biddl may offer “Powers” to the users. Powers can be obtained in exchange for paid Bidds in the "Power shop". Powers allow users to view the profile of other users, reduce the reset time on auctions, lock an auction for new participants and bypass a lock on an auction.

Powers have no monetary value and are exclusively offered to users to use on Biddl. Powers are not eligible for exchange to money.

Powers are valid for 30 days from when they were obtained. Powers not used during this period will expire and be removed from the account. Expired Powers will be permanently removed and will only be reinstated at our discretion.

III m) Free Bidds

Biddl may in its sole discretion choose to allocate free Bidds differently between users based on variations in the respective user's bidding histories.

III n) Mini game

As a part of the service Biddl may offer in-app mini games to users that have registered in the app and that are eligible for the Biddl service. Biddl reserves the right to decide how often users will be rewarded the mini game at its sole discretion. Each user that is offered the mini game will get a reward by choosing one of the four available rewards. The rewards consists of items that can be used in the service Biddl offers (eg. free Bidds, Powers and auction tickets). The rewards from the mini game is not refundable and cannot be substituted, transferred or exchanged for cash.

IV. Eligibility to Use the Service

You must be at least 18 years of age to open an account, participate in auctions, or purchase goods offered on the Platform. In jurisdictions, territories, and locations where the minimum age for permissible use of the Platform is greater than 18 years old, you must meet the age requirement in your local jurisdiction or territory.

The market for Biddl’s services is the continental United States of America. All items purchased on this Site may only be delivered to the continental United States. Consequently, you must reside and be physically located in one of the 50 states of the United States or Washington D.C. Biddl does not deliver to PO Boxes or to freight forwarding companies.

You may establish only one account per person or only one account per household to participate in the Service offered on the Platform. Additionally, each group of associated users, as determined at Biddl’s sole discretion, based on indicia of billing details such as credit card information, IP address, device ID, or other details which indicate the possibility of association may not have control over more than two registered Biddl accounts. Biddl reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or cancel a purchase or delivery of said purchase and remove all purchased and FREE bids without prior warning and without any form of compensation, if a single person is found to have or maintain control over several accounts on Biddl, or if a "group of associated users" is found to have or maintain control over more than two accounts on Biddl.

You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. It shall be a violation of these Terms of Service to allow any other person to use your account to participate in the Service. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use. If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes.

"Authorized Account Holder" is defined as the natural person 18 years of age or older who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address for registration on the Platform. By inputting a payment method to participate in the Service, the Authorized Account Holder hereby affirms that the Authorized Account Holder is the lawful owner of the payment method account used to make any deposit(s) on the Platform. It shall be a violation of these Terms of Service for any Authorized Account Holder to submit payment using any payment method that is not owned by the Authorized Account Holder.

Biddl employees and their family members (defined as parents, spouse, siblings and children) and any persons residing in the same household as Biddl employees may not under any circumstances participate in Biddl auctions. To acquire Bidd packs, we may require a valid credit card number, billing address, and credit card expiration date or other payment mechanism. This information is used to charge for payment of Bidd packs and won auctions, buying items, and to verify your name, address information and other information.

IV a) Registration Rules

Each new user may only register once with Biddl, therefore you agree to only have one account. Each user has to provide a postal address where the user resides (P.O. boxes or equal are not permitted). The player name you choose may not be offensive, try to impersonate another user, deceiving or infringing on third party intellectual property. If your player name is in breach of these Terms of Service, harms any third party or Biddl, Your account will be deactivated until the player name has been changed. Biddl also reserves the right to permanently close your account for any breach of these Terms of Service without prior warning.

Biddl reserves the right to ask users to change their player names. If the player name change isn’t done within 24 hours from when the user has been informed, Biddl will change the name and inform the user about the new player name.

While creating the account you must choose a password. This password or other login information should not be shared with others nor should you let anyone else have access to your account. You should not do anything that could endanger the security of your account. The only time Biddl will ask for your password is during login therefore you should never give your password to anyone including Biddl employees. If you suspect that your account has been breached in any way, you should immediately contact Biddl and change your login details. The responsibility for the confidentiality of the account, the uses of the account and the purchases with the account (even if not authorized by you) is yours entirely. You are solely responsible for any usage of your account.

Accounts registered at Biddl aren’t transferrable and cannot be used by anyone except the person registered with the account. It is only the person registered with the account that is allowed to use it. In the event that Biddl detects any abuse or other breach of these Terms of Service, no matter if it hurts Biddl or any other third party, will result in disqualification and closing of that account.

By accepting the Terms of Service you allow Biddl the right to keep logs of your account activity in order to use these logs for detecting any violation of these Terms of Service. Biddl reserves the right to maintain logs of account activity and to use said logs for the purpose of detecting usage in violation of these terms.

If a user violates these Terms of Service, any law, the users on Biddl, Biddl’s Service or any other third party Biddl reserves the right to at any time disqualify, temporarily or permanently, the user. Examples of violations include, but are not limited to, use of unauthorized third-party bidding or bid-tracking software, multiple accounts for the same user or collusion. You agree to not hold Biddl responsible for any loss incurred as a result of breaching these Terms of Service and You agree that Biddl may withhold, cancel or retain any of Your pending deliveries and/or refunds for Bidds. Any user violating this Terms of Service agreement will face immediate deletion of their account without warning at Biddl’s sole discretion.

V. Returns and Cancellations

Users have the right to return or cancel an order within 30 calendar days from its delivery. The delivery date will be based on the tracking information of the shipment. A user may return an item for any reason as long as the item is returned in its original, non-damaged, unused, new condition.

A. Returning Items from a "Buy Now" Purchase

If a purchase using the “bidd credit” Buy Now feature is returned within 30 days from delivery, the user will be entitled to a refund of the transaction amount including shipping costs. Bidds placed in the auction are not refundable. The free Bidds the user placed on the auction from which the user returned the auction item also have to be returned to Biddl.

B. Returning Items from Won Auctions

If an order for a won auction is returned within 30 days from delivery, the user will be entitled to a refund of the transaction amount including shipping cost.

Bidds placed in the auction are not refundable.

C. Canceling Items Before Delivery

If a user cancels delivery of an item that was won or purchased before delivery, the user does not have to accept delivery. In the cases where Biddl cancels delivery, a refund of the purchase price will be made to the user. Bidds will not be refunded.

The “return” shipping costs will be paid by the user, unless the reason for the return is an error made by Biddl. Returns will be refunded if and when the item is received by Biddl in its original, non-damaged or unused condition. If additional costs occur for Biddl due to insufficient postage on the return, Biddl will deduct this from the refund amount.

Users who want to return or cancel an order should contact us at support@biddl.com.

Exceptions

We allow returns on most of the items on sale at Biddl with the following exceptions:

VI. Delivery of Products

VI a) Delivery

Biddl delivers only to the 50 states of the United States and Washington D.C.. Additional shipping costs or restrictions may apply to deliveries to the states Alaska and Hawaii. Deliveries are made from Biddl’s suppliers or directly from Biddl’s warehouse to the address provided in the account of the user. Use of a third party to satisfy its contractual obligations shall be entitled to Biddl without having to notify the buyer. Any given delivery time is only an estimate and can vary, therefore it should only be taken as a guide. Damage to the delivered item that has occurred during transport or from package must be reported to the supplier upon receipt.

Biddl reserves the right, in its sole discretion, to refuse shipment to outlying islands and territories. If you are a resident of an outlying island or territory and Biddl determines your purchases cannot be shipped, Biddl will refund the purchase price of the items, including Bidds placed on those items.

VI b) Substitution

Subject to the cancellation policy specified herein, Biddl reserves the right to substitute an item for a similar one provided that it has the same or higher retail value. This may be necessary from time to time due to unforeseen circumstances in delivery or supply from our suppliers.

VI c) Offsetting

In the case that Biddl is not able to deliver the item on auction to the user for unforeseen reasons, Biddl reserves the right to give the user in its sole discretion an option to a similar, alternative item in the same price range or the equivalent value (Buy Now price) in Bidds, where the value of one Bidd is $0.50.

Should subsequent correction be undertaken by way of delivery of a replacement, the user shall be obligated to return to Biddl the item already delivered within 30 days at Biddl’s expense. The user shall only have the right to offset if his or her counterclaims have been upheld by a court of law or are not disputed by Biddl.

The user shall only be entitled to exercise a right to withhold payment to the extent that his or her counterclaim is based on the same contractual relationship.

The item delivered shall remain Biddl’s property until payment in full of the total price, including for the Bidds used in the auction. Until such time as full payment has been made, the user undertakes to store the item separately from their other possessions and to insure it. Biddl shall have full rights of access to the place where the item is located during normal business hours to take possession of it.

VI d) Withholding Payment / Retention of Title

When accepting these Terms of Service you agree that items delivered are Biddl’s property up until the time that Biddl has received payment in full including additional fees.

VI e) Service and Support for Purchased Products

Technical support and service on all products purchased with Biddl should be done with the manufacturer according to their Terms and Conditions. Biddl explicitly disclaims any responsibility for guarantee of the quality, functionality, and/or fitness for a particular purpose of any and all products won by auction or purchased from the Service.

VII. Intellectual Property

VII a) Licenses

By accepting these terms and submitting any information or materials to Biddl ("Licensed Materials"), you hereby grant us a non-exclusive, worldwide, royalty-free, irrevocable, and sublicensable right to exercise all copyright and rights of publicity over the Licensed Materials, in any existing or future media, known or unknown and to use and reproduce the Licensed Materials as is necessary to provide the Services. Biddl grants you a limited license to make personal use only of the Application, the Site and the Services. This grant does not include, without limitation: (a) any resale or commercial use of the Site or Services, (b) the collection and use of any email or user information, ratings or listings; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. All trademarks, service marks, and content are owned or licensed by Biddl or their respective owners and are protected by applicable intellectual property laws. You agree not to make use of anyone else's information other than as necessary to participate in the Site and to complete any transaction in which you are involved. Specifically, you agree that with respect to any information disclosed to you by Biddl regarding another user of the Services, you only will use such information, unless otherwise authorized, (a) to complete transactions originating from the Site, including the use of third-party services, (b) for communications with us, or (c) as permitted by the corresponding user identified in such information. You agree not to disclose any user information disclosed to you by Biddl except as provided by these terms or with our consent. You further agree not to use any information accessible from the Site for purposes of solicitation, advertisement, or spamming, or which is harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.

VII b) Trademarks

Biddl’s logos are trademarks of Biddl. All rights reserved. Any trademarks appearing on Biddl are the property of their respective owners.

VIII. Your Biddl Account

VIII a) Your Password

You should never give your password to anyone, including Biddl employees. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Biddl and modify your Login Information. you are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.

Any detected abuse of the user account, whether it harms a third party or Biddl, shall result in the disqualification of the user and, if applicable, notification of the applicable authorities of the possibility of a crime.

VIII b) Invitations

We allow users to invite friends using the invitations feature in the Application. You may not invite family members. Any misuse of the invitation system may lead to the deduction of Bidds awarded and/or the termination of your account at our discretion. Biddl reserves the right to review each invite for potential fraudulent activities.

VIII c) Contractual Obligations

Our auction mechanism allows you to place Bidds that are solicited for the sale and purchase of items and/or Buy items directly via the “Buy Now” function. Every time you submit a Bidd on an auction a legal offer and associated contract is created between you and the Application or the Site for the acquisition of the item. The terms of the legal offer and contract are determined at the point of Sale. By bidding on an item or using the Buy Now function, you automatically accept to complete the transaction and you agree to comply with all associated contractual obligations. You also acknowledge that you have had the chance to contact our support in case of unresolved questions/uncertainties.

VIII d) Account Termination

If a user violates these Terms of Service, any law, the users on Biddl, Biddl’s Service or any other third party Biddl reserves the right to at any time disqualify, temporarily or permanently, the user. Examples of violations include, but are not limited to, use of unauthorized third-party bidding or bid-tracking software, multiple accounts for the same user or collusion. You agree to not hold Biddl responsible for any loss incurred as a result of breaching these Terms of Service and You agree that Biddl may withhold, cancel or retain any of Your pending deliveries and/or refunds for Bidds. Any user violating this Terms of Service agreement will face immediate deletion of their account without warning at Biddl’s sole discretion.

IX. Prohibited Uses of the Service

It is not allowed to register and Bidd with an invalid credit card or under a false name. An act like that is a violation of federal and state laws and Biddl will cooperate with any law enforcement agency, state or federal, to make sure that any user who violates this will be prosecuted. Items or services won or bought on Biddl may not be resold without prior written consent from Biddl. Further, it’s not allowed to use Biddl in order to create an investment scheme or to use Biddl as a product delivery mechanism. In the case that a user is found to break these terms, Biddl reserves the right to close the account of the user without notice and to declare all auctions that the user has participated in as voided. The user may also need to compensate Biddl for any damages this has caused. Users registered on Biddl may not use or assist other users in abusing or fraudulently using Biddl’s Application/Site/Services including but not limited to the following activities:

IX a) System Interference

By accepting these Terms of Service you agree to not interfere with the Application, the Site or any transaction. You also agree to not inflict any extreme load on Biddl’s system or facilities and to not put anything on the Site or in the Application that could damage, interfere or intercept any system, data or personal information.

IX b) Collusion

Collusion of any kind is forbidden on Biddl. Collusion is defined as, but not limited to, team play between two or more players working together. Biddl reserves the right to disqualify and permanently close accounts where collusion is suspected. The user of an account that has been closed for collusion will not be entitled to refund of Bidds or other purchases on Biddl nor will they have the right to purchase the auction or product.

IX c) Suspected Violations

Any reported violation of these Terms of Service or other policies or complaints may be investigated by Biddl. Biddl reserves the right to take any action deemed reasonable to protect our Service, system, users and/or third party. This includes, but is not limited to, warnings, suspension, termination of the Service and/or removing content hosted on Biddl’s systems. For any activity that Biddl suspect to violate any law or regulation Biddl reserves the right to report to appropriate law enforcement officials.

X. Disclaimer of Warranty and Liability Regarding Use of Biddl

You agree that use of Biddl is at your sole risk. Neither Biddl nor any of its officers, directors, employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), or any third party who provides products or services purchased from or distributed by Biddl, or the like, warrant that websites affiliated with Biddl, including, but not limited to, Biddl, will be uninterrupted, error-free, or free of viruses, worms, trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products, and services published on Biddl may contain inaccuracies or typographical errors. Biddl makes no warranty as to the results that may be obtained from the use of Biddl or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through Biddl. Biddl shall not be responsible for any opinions, views, advice, or statements posted on Biddl (including, without limitation, in any public posting areas of the website) by any person or entity other than an authorized Biddl spokesperson. Advertisers, content providers, users, guests, independent writers, and experts are not authorized Biddl spokespersons. At no time should the opinions, views, advice, or statements provided by advertisers, content providers, users, guests, independent writers, or experts be relied upon for important personal decisions without independent verification.

YOUR USE OF BIDDL IS AT YOUR SOLE RISK. THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY BIDDL ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BIDDL DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

BIDDL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF BIDDL, SECURITY OF THE WEBSITE, THE RESULTS THAT MAY BE OBTAINED FROM USE OF BIDDL, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING EMAIL, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. WITHOUT LIMITING THE FOREGOING, BIDDL DOES NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT, THAT THE SITE WILL MEET YOUR REQUIREMENTS, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT BIDDL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THE LIMITATIONS OF THIS SECTION SHALL APPLY NOTWITHSTANDING ANY RELIANCE ON ANY INFORMATION OBTAINED FROM BIDDL OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT BIDDL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS LIMITATION SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH BIDDL.

You agree that Biddl shall not be liable for personal injury and property damage resulting from the use, improper handling, modification, or misuse of the products by You or any other person following delivery by Bidd. Further, Biddl hereby disclaims any and all liability from claims arising from trip packages offered on the Biddl site. Biddl will not be liable for any damages or injuries, whether physical or emotional, that occur or are received during a trip purchased on the Biddl site. Biddl is not liable for flight delays, loss of baggage, or other losses that occur during a trip offered on the Biddl site.

All new products are sold with the manufacturer's limited warranty only. Biddl warrants solely that the products sold to You under these terms shall have the characteristics specified in Biddl's 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 to Biddl. Warranty is excluded for the delivery of any used products.

THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM ASSEMBLY, USE OR MISUSE OF OR RELIANCE ON BIDDL SERVICES OR ITEMS PURCHASED THROUGH BIDDL, FROM INABILITY TO USE BIDDL'S SERVICES OR ITEMS PURCHASED THROUGH BIDDL, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF BIDDL'S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

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.

XI. Indemnity

You agree to indemnify, defend and hold Biddl and its employees, managers, directors, shareholders, officers, agents, members, affiliates or any other partners harmless from any claim, demand, loss, liability or expense (including reasonable attorneys' fees and court costs), arising from or related to your breach of these Terms, any other terms of the Site, and/or your violation of any law or the rights of any third party.

XII. System Outage & Disruptions; Temporarily Paused Auctions

In case of an unforeseeable disruption in the system, maintenance, or other issues Biddl could experience a system outage preventing Bidds from being submitted. In such a case the auctions are paused. The highest bid, remaining time, and other relevant auction data will be saved. Trying to place Bidds during a system outage does not result in Bidds being lost, they will not be spent from your account; however, Biddl is not responsible for any other costs incurred by you due to a system outage. After the outage has been resolved the auctions will continue and extra time will be added to the remaining time to allow users to restore connectivity to the platform and place Bidds before the auctions close. The app will clearly indicate disruptions in the system and issues with your connection to the platform. Biddl reserves the right to cancel auctions that end due to system error, bots, employee bidders, technical issues, or any other reasonable reason.

With current technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet. Biddl, therefore, provides no guarantee for the constant and uninterrupted availability of the website, app and other technical systems. Biddl shall not be liable for any damage incurred by auction users or third parties from using Biddl's services. In particular, Biddl shall not be liable for damage that occurs due to Bidds not being received by Biddl, not being received promptly, or not being considered as a consequence of technical errors.

XIII. Request for identification

You hereby agree that Biddl may request information from you to verify the completeness and accuracy of Registration Information.

Biddl may occasionally request identity verification from users to ensure fairness and an even playing field. Biddl may at any time choose to make such requests for the purposes of validating your identity, age, place of residence, usage patterns, or other registration data (“Registration Information”). The purpose of the corresponding review of Registration Information is to prevent money laundering, cheating, and other breach of these Terms of Service and/or any applicable laws.

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

In the event you decline a request for identification verification, or in the event Biddl determines in its sole discretion that the information provided by you is unsatisfactory, Biddl 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, Bidds placed and Bidds remaining in the account.

Upon receipt of satisfactory documentation as deemed by Biddl, we shall release any items and/or Bidds which may have previously been placed on hold, pending verification of your account. Biddl will subsequently ship these products within 28 working days from the date your account has been verified.

XIV. Network Connection

Biddl requires an adequate network connection to communicate with the platform and to run the Service efficiently. The Biddl app has been tested to work on a 2G connection (250Kbps bandwidth, 300ms RTT), if your connection fails to meet that quality Biddl cannot guarantee that the application will function properly. Biddl also recommends downloading the application over WiFi if your mobile internet connection is slow, as the application download will be larger and could incur data fees. In case of bad network connectivity we recommend using a strong, reliable WiFi connection or refraining from using Biddl. Biddl cannot be held responsible for insufficient network connection and it is the user’s responsibility to ensure that their connection is fast enough to use the Service. Further, while an adequate network connection is necessary to use the Service, it may not be sufficient: low battery and outdated hardware are just a few examples of other variables that could impact the functionality of the Service.

XV. Applicable Law

THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF NEW YORK, WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN THE FEDERAL OR STATE COURTS LOCATED IN NEW YORK, NEW YORK, AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.

FURTHERMORE, IF YOUR REGISTRATION WITH THE SERVICE AND/OR YOUR ACTIONS IN RELATION TO THE SERVICE VIOLATE ANY PROVISION OF THESE TERMS OF SERVICE, YOU HEREBY AGREE TO RELEASE ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICE.

XVI. Severability; Waiver; Assignment

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Service to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Service shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of Biddl. Biddl may assign or delegate some or all of its rights and obligations under this Agreement.

XVII. Modifications and Amendments

Biddl may, in its sole discretion and without prior notice, a) revise these Terms of Service; b) modify the Site, the App and/or the Service; and c) discontinue the Site, the App and/or Service at any time. Company shall post any revision to these Terms of Service to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Service and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Service following notice of any revision, you shall abide by any such revision.

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

XIX. Contact Biddl

If you have any questions about these Terms of Service, or if you wish submit any other form of written correspondence, please do so by contacting us at: support@biddl.com.

XX. Acknowledgement

BY USING THE SERVICE OR ACCESSING THE APP OR SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

ALL AUCTIONS IN THE APPLICATION ARE PROVIDED BY BIDDL. APPLE INC. DOES NOT HAVE ANY INVOLVEMENT IN THE SERVICE WE PROVIDE OUR USERS.