Full Terms Of Service
The following describes the terms on which eFlea Charity Auctions
offers you access to our services.
By using the services on eFlea Charity Auctions, you are agreeing
to the following terms and conditions, with eFlea Charity Auctions.
Before you may become a user of eFlea Charity Auctions, you
must read and accept all of the terms and conditions in, and linked to,
this User Agreement and the Privacy Policy.
By accepting this User Agreement, you also agree that your use of
some of our eFlea branded websites or websites we operate
may be governed by separate user agreements and privacy policies.
The agreement that applies on any of our domains and sub-domains is
always the agreement that appears in the footer section of each website.
This Agreement is effective upon acceptance for new users.
Use
It is our desire to work together to keep our sites and services
working properly and the Community safe. Please report problems,
offensive content, and policy violations to us at [email protected].
We will work to ensure that listed items do not infringe upon the
copyright, trademark or other rights of third parties. If you believe
that your rights have been violated, please notify us at
[email protected] and we will investigate.
Without limiting other remedies, we may limit, suspend or terminate our
service and user accounts, prohibit access to our website, delay or
remove hosted content, and take technical and legal steps to keep users
off the sites if we think that they are creating problems, possible
legal liabilities, or acting inconsistently with the letter or spirit of
our policies. We reserve the right to cancel unconfirmed accounts that
have been inactive for in excess of 5 days. We also reserve the right
to cancel any accounts that have been inactive for in excess of 6
months.
While using eFlea Charity Auctions, you will not:
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Use our sites or services if you are not able to form legally binding
contracts, are under the age of legal majority in your region, are
suffering from any permanent or temporary incapacity, or are temporarily
or indefinitely suspended from our site
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Post content or items in an inappropriate category or areas on our
site(s) and services
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Violate any laws, third party rights, or our policies
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Post false, inaccurate, misleading, defamatory, or libellous content (including
personal information)
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Intentionally use, attempt to use, or possess with intent to use any
identifying information or identification document of an entity
without the authorization or consent of the entity and by representing
that the person is the entity or is acting with the authorization or consent
of the entity
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Transfer or sell your account to another party without our consent;
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As a Buyer, fail to deliver payment for items purchased by you,
unless the seller has materially changed the item's description after
you bid, a clear typographical error is made, or you cannot authenticate
the seller's identity
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As a seller, fail to deliver items purchased from you, unless the buyer
fails to meet the posted terms, or you cannot authenticate the buyer's identity
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As a seller, use eFlea's services for personal or corporate (with the
exclusion of non-profit corporations) financial gain.
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Manipulate the price of any item or interfere with other user's listings
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Distribute or post spam, chain letters, or pyramid schemes
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Distribute viruses or any other technologies that may harm this site,
or the interests or property of our users;
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Copy, modify, or distribute content from our sites and violate our copyrights
and/or trademarks
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Harvest or otherwise collect information about users, including email addresses,
without their consent
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Take any action that imposes or may impose (in our sole discretion) an
unreasonable or disproportionately large load on our infrastructure
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Copy, reproduce, modify, create derivative works from, distribute, or publicly
display any content (except for Your Information) from the sites without the
prior expressed written permission of eFlea Charity Auctions and the
appropriate third party, as applicable
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Interfere, or attempt to interfere, with the proper working of the sites or
any activities conducted on the sites, including but not limited to: embedding
our sites into other websites (framing), including script code, or other means
of altering the display or functionality of our sites (including the use of Ad Blockers)
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Bypass our robot exclusion headers or other measures we may use to prevent
or restrict access to the sites
Registration, Password, Security and Use
To access certain areas of the website, you must complete the registration process
by providing us with true, accurate, current and complete information
about yourself as prompted by the account creation form (please review our
Contact Information Policy). You should then choose a
password. You are then entirely responsible for maintaining the confidentiality of
your password and account. Furthermore, you are entirely responsible for any and all
activities that occur under your account. You agree to:
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Notify us immediately of any unauthorized use of your account or any other breach
of security
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Log out from your account at the end of each session
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Not disclose your password to anyone
We cannot and will not be liable for any loss or damage arising
from your failure to comply with this Section (Registration, Password,
Security and Use). If you provide any information that is untrue,
inaccurate, not current or complete, or we have reasonable grounds to
suspect that such information is untrue, inaccurate, not current or
complete, we have the right to suspend or terminate your access to those
parts of the website requiring registration.
Fees and Services
There are no fees for joining eFlea and bidding on listed items, or for hosting auction.
In the future, there may be fees associated with additional service features. These fees will be stated
up front when requesting these features.
There may be fees associated with third party on-line and off-line payment processing systems.
Payment Processing Information
All payments/donations via eFlea sites are the responsibility of the seller.
eFlea dos not offer or directly handle payment transactions
between the buyer and seller, or vice versa.
When using a 3rd party payment processing system, it is necessary that
eFlea users be subject to the applicable 3rd Party Payment Processor's
User Agreement. eFlea is not affiliated with these 3rd Party payment
Processors, and neither is the agent or employee of the other, and neither is
responsible in any way for the actions or performance (or lack thereof) of the other.
Organizations and administrators (sellers) accept the responsibility to provide
refunds to users at their own discretion. eFlea will not be held
liable for refunds or lack thereof.
Content
When you give us content, you grant us a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, sub licensable (through
multiple tiers) right to exercise the copyright, trademark, publicity,
and database rights (but no other rights) you have in the content, in
any media known now or in the future.
Third Party Content, Sites, and Services
The eFlea Charity Auctions site and content available
through our sites and services may contain features and
functionalities that may link you or provide you with access to
third party content which is completely independent of
eFlea Charity Auctions, including web sites, directories,
servers, networks, systems, information and databases, applications,
software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or
through our sites and services, including payment and delivery of goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such
organizations and/or individuals. You should make whatever
investigation you feel necessary or appropriate before proceeding
with any on-line or off-line transaction with any of these third parties.
You agree that eFlea shall not be responsible or liable for
any loss or damage of any sort incurred as the result of any such
dealings. If there is a dispute between participants on this site, or
between users and any third party, you understand and agree that
eFlea is under no obligation to become involved. In the event
that you have a dispute with one or more other users, you hereby release
eFlea Charity Auction System, its officers, employees, agents
and successors in rights from claims, demands and damages (actual
and consequential) of every kind or nature, known or unknown,
suspected and unsuspected, disclosed and undisclosed, arising out
of or in any way related to such disputes and/or our sites and
services.
Liability and Indemnity
You will not hold eFlea Charity Auction System liable and agree
to hold eFlea Charity Auction System harmless for other
users' content, actions or inactions, or items they list. You
acknowledge that we are not a traditional auctioneer. Instead,
the sites are a venue to allow qualified users to offer, sell,
and buy just about anything, at any time, from anywhere,
in a variety of pricing formats including, but not limited to
auction-style formats.
We are not involved in the actual transaction between buyers and sellers.
We have no control over and do not guarantee the quality, safety or
legality of items advertised, the truth or accuracy of users'
content or listings, the ability of sellers to sell items,
the ability of buyers to pay for items, or that a buyer or seller
will actually complete a transaction.
You will indemnify and hold us (including, but not limited to our officers,
directors, agents, subsidiaries, joint ventures, employees and pets), harmless
from any claim or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of your breach of this Agreement,
or your violation of any law or the rights of a third party.
We do not transfer legal ownership of items from the seller to the buyer,
and nothing in this agreement shall modify the governing provisions of
the Uniform Commercial Code § 2-401(2), under which legal
ownership of an item is transferred upon physical delivery of the item
to the buyer by the seller. Unless the buyer and the seller agree
otherwise, the buyer will become the item's lawful owner upon physical
receipt of the item from the seller, in accordance with Uniform
Commercial Code § 2-401(2).
Further, we cannot guarantee continuous or secure access to our services,
and operation of the sites may be interfered with by numerous factors
outside of our control. Accordingly, to the extent legally permitted,
we exclude all implied warranties, terms and conditions. We are not
liable for any loss of money, goodwill, or reputation, or any special,
indirect, or consequential damages arising out of your use of our sites
and services.
Release
If you have a dispute with one or more users, you release us
(including, but not limited to our officers, directors, agents,
subsidiaries, joint ventures and employees) from claims, demands and
damages (actual and consequential) of every kind and nature, known and
unknown, arising out of or in any way connected with such disputes.
Modifications to Service
eFlea reserves the right at any time and from time to
time to modify or discontinue, temporarily or permanently,
eFlea Charity Auction System (or any part thereof)
with or without notice.
You agree that eFlea Charity Auction System shall not
be liable to you or to any third party for any modification, suspension
or discontinuance of eFlea.
Privacy
We do not sell or rent your personal information to third parties
for their marketing purposes without your explicit consent. We
use your information only as described. We view protection of users'
privacy as a very important community principle. We store and process
your information on computers located in Canada and the United States
that are protected by physical as well as technological security devices.
You can access and modify the information you provide us by signing-in
to your account. If you object to your Information being transferred or used in
this way please do not use our services.
Please see our full privacy policy for additional
information.
No Agency
No agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this
Agreement. To the extent that eFlea is rendered in conjunction
with any other provider of services, the same shall also be true,
namely that to the extent that a user of eFlea hereunder
does so in conjunction with the services of another service provider,
such user will be subject to the other service provider's terms of
service, and neither eFlea Charity Auction System or the
other service provider will be considered the agent or employee of the
other, and neither will be responsible in any way for the actions or
performance (or lack thereof) of the other. The terms of this terms
of use shall not in any way supersede the terms of any other service
provider, nor shall the terms of use of any other service provider
supersede the terms of this terms of use with respect to eFlea.
Notices
Except as explicitly stated otherwise, legal notices shall be served on
our registered agent or the email address you provide to us during the
registration process (in your case). Notice shall be deemed given 24
hours after email is sent, unless the sending party is notified
that the email address is invalid. Alternatively, we may give you legal
notice by mail to the address provided during the registration process.
In such case, notice shall be deemed given three days after the date of
mailing.
Resolution of Disputes
If a dispute arises between you and eFlea, our goal is to
provide you with a neutral and cost effective means of resolving the
dispute quickly. Accordingly, you and eFlea agree that we
will resolve any claim or controversy at law or equity that arises
out of this Agreement or our services (a "Claim") in accordance with
one of the subsections below or as we and you otherwise agree in
writing. Before resorting to these alternatives, we strongly
encourage you to first contact us directly at [email protected]
to seek a resolution. We will consider reasonable requests to
resolve the dispute through alternative dispute resolution
procedures, such as mediation or arbitration, as alternatives to
litigation.
Law and Forum for Disputes - This Agreement
shall be governed in all respects by the laws of the province of
New Brunswick as they apply to agreements entered into and to be
performed entirely within New Brunswick between New Brunswick residents,
without regard to conflict of law provisions. You agree that any
claim or dispute you may have against eFlea must be resolved
by a court located in Saint John County, New Brunswick, except as
otherwise agreed by the parties or as described in the Arbitration
Clause paragraph below. You agree to submit to the personal jurisdiction
of the courts located within Saint John County, New Brunswick for
the purpose of litigating all such claims or disputes.
Arbitration Clause - For any claim
(excluding claims for injunctive or other equitable relief) where
the total amount of the award sought is less than $5,000, the
party requesting relief may elect to resolve the dispute in a cost
effective manner through binding non-appearance-based arbitration.
In the event a party elects arbitration, they shall initiate such
arbitration through an established alternative dispute resolution ("ADR")
provider mutually agreed upon by the parties. The ADR provider
and the parties must comply with the following rules: a) the arbitration
shall be conducted by telephone, on-line and/or be solely based on
written submissions, the specific manner shall be chosen by the
party initiating the arbitration; b) the arbitration shall not
involve any personal appearance by the parties or witnesses unless
otherwise mutually agreed by the parties; and c) any judgement on
the award rendered by the arbitrator may be entered in any
court of competent jurisdiction.
Improperly Filed Claims - All claims you bring
against eFlea Charity Auctions must be resolved in accordance
with this Resolution of Disputes Section. All claims filed or
brought contrary to the Resolution of Disputes Section shall be
considered improperly filed. Should you file a claim contrary to
the Resolution of Disputes Section, eFlea may recover
attorneys' fees and related costs, provided that eFlea
has notified you in writing of the improperly filed claim, and you
have failed to promptly withdraw the claim.
Additional Terms
The following policies are part of this Agreement and provide additional
terms and conditions related to specific services offered on our sites:
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We reserve the right to modify or terminate eFlea Charity Auctions
for any reason, without notice at any time.
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We reserve the right, in accordance with any applicable laws, to refuse
service to anyone for any reason at any time.
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We reserve the right to reclaim bidder names on behalf of businesses or
individuals that hold legal claim or trademark on those bidder names.
Each of these policies may be changed from time to time. Changes take
effect when we post them on our site. When using particular services on
our sites, you are subject to any posted policies or rules applicable to
services you use through the sites, which may be posted from time to
time. All such policies or rules are hereby incorporated into this
Agreement.
If any provision of this Agreement is held to be invalid or unenforceable,
such provision(s) shall be struck and the remaining provisions shall be
enforced. In our sole discretion, we may assign this Agreement in
accordance with the above-mentioned Notices Section. Headings are for reference
purposes only and do not limit the scope or extent of such section. Our
failure to act with respect to a breach by you or others does not waive
our right to act with respect to subsequent or similar breaches. We
do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on this site.
Except as stated elsewhere, all amended terms shall automatically be effective when
we post them on our site. This Agreement may not be otherwise amended except
in a writing signed by you and us. This Agreement sets forth the entire
understanding and agreement between us with respect to the subject matter
hereof. The following Sections survive any termination of this Agreement: Fees and Services;
Release, Liability and Indemnity, and Resolution of Disputes.