QkaBid Purchase Terms & ConditionsQkaBid™ Terms of Service
QkaBid welcomes you to the community. All services are provided to you, AS IS, and are subject to the following General Terms and Conditions of Service ("Terms"), which may be updated by us from time to time. Please note, that the Terms constitute a legally binding agreement between you and QkaBid, Qkadoo, Qkadoo Search & Network, CFFRetail, CFFRetailFunding, and CrowdFundFast.
2. Acceptance of Terms
From time to time, you may be required to accept the Terms by clicking a checkbox or other method, as indicated; however, by using the website, making use of any of the services or accessing the
Qkadoo's Search & Network™ Store, which services include but are not limited to, any interaction whatsoever, with the Qkadoo's Search & Network™ Brand, website or any of the affiliated companies or partners (the "Services"), creating and registering an account (the "Account") with
Qkadoo's Search & Network™ Websites, you also further acknowledge that you understand and accept the Terms contained herein, as modified or as changed from time to time.
3. Eligibility / Registration / Disqualification
By placing a bid on the Website, the User declares that they have the legal capacity to enter into a binding contract. It is Qkadoo's Search & Network™'s policy to conduct all of the auctions in a fair and impartial manner. Employees and relatives of employees of Qkadoo's Search & Network™, or any of its affiliates are not eligible to participate in the Website auctions under any circumstances.
Qkadoo's Search & Network™ products and services are offered exclusively to private users and not to commercial or partly-commercial resellers, unless authorized by Qkadoo or provided to users as an added benefit by Qkadoo or an affiliated party, partner or supplier. Qkadoo reserves the right to exclude anyone it has reason to believe is a commercial reseller without authorization, or who is not using the Services for their stated or designed purposes, from participation in auctions and may close the user accounts at any time.
Any Individual may only register one account and registration using Post Office Boxes or equivalents is not permitted. Additionally, only one user registration per household is permitted. Your account will give you access and be used for your experience to the Qkadoo's Search & Network™ Services, which includes, but is not limited to, access to the Qkadoo's Search & Network™ Store as both a buyer and seller.
During the registration process, User must choose a username. The username should be appropriate. The username MUST NOT be abusive, offensive, deceptive, misleading, obscene, offend common decency, be in anyway deceiving, in the opinion of Qkadoo be used to influence or manipulate auctions, sales, interfere with retail listings or infringe the intellectual property rights of third parties. Qkadoo receives credible information that a username is illegal or in breach of any of these Terms, Qkadoo reserves the right to replace this username without prior notice or consent from you the user. Without limitation, where Qkadoo deems you to be using your account for anything outside the stated purposes or in violation of these Terms, Qkadoo is authorized to close the account and take any remedial actions that are deemed necessary.
During the registration process, User must also choose a corresponding user password, which shall, at all times, be kept secret and confidential by the User. User accounts created during registration are non-transferable or assignable. The User account may be used only by the User and not by anyone else. For clarity purposes, the User is wholly responsible for his/her password protection and shall be liable for all activities that are undertaken using the User account together with the associated password.
In the event of any abuse or unauthorized use of the User account, due to actions or omissions of the User, which are in breach of these Terms or to the detriment of Qkadoo's Search & Network™. Qkadoo shall reserve the right, at its sole discretion, to temporarily or permanently disqualify the user, disable its account and, if appropriate, report to the relevant authorities. Examples of such unauthorized usage include, but are not limited, to non-payment of bids, use of unauthorized third-party software, the creation of multiple user accounts by the same individual or household, any attempt to manipulate the auctions or the proper functioning of the Website, and/or any dishonest, deceptive or unfair behavior in connection with the Website, Qkadoo or any social media platform or community group associated with, or in connection with Qkadoo or the auction community and e-commerce community.
In the event of a breach of these Terms, Qkadoo reserves the right, amongst other remedies, to withhold deliveries or refunds for bids. Furthermore, Qkadoo reserves the right, at its sole discretion, to limit the number of auctions a User may participate in or may revoke any of User's successfully finished auctions, or take any of the measures available and described in these Terms.
Without limitation, it shall be a breach of these Terms if User provides any information that is false, inaccurate or misleading, and/where the User engages in any unlawful activity in connection with the Website, and/or where the User creates or attempts to create interference with the proper working of the Website, and/or where the User behaves in a manner that is unfair, unethical, uncivil or deemed to be the same by Qkadoo at its sole and unfettered discretion.
4. Fraudulent Behavior
Without limitation, Qkadoo reserves the right to determine what constitutes "Fraudulent Behavior." Where Qkadoo determines or deems that you have conducted yourself in a manner that constitutes "Fraudulent Behavior," including but not limited to instances where you have engaged in or intend to engage in fraudulent, dishonest, illegal, or improper activities while using the website Qkadoo's Search & Network™, at its sole discretion shall be entitled to take any action necessary, including but not limited to blocking and/or restricting your access to the Website, terminating your Account, revoking any and all promotions, product and/or award that has been promised to you, and/or taking any and all necessary legal proceedings against you or any other related party.
5. Prohibited Use
Without limitation, Qkadoo reserves the right to determine what constitutes "Prohibited Use." Qkadoo grants you access to the Website and is committed to maintaining an integral community for all its Users. You are strictly prohibited from using any third party External Assistance Software Programs that are not permitted by Qkadoo's Search & Network™, which can include but is not limited to Bots, and/or data mining and/or any form of analytical tools in connection with the Website. In addition, you shall not collude with any other User, or individual on the Website, while participating in an Auction or using any of the services or accessing the Qkadoo's Search & Network™ Store as either a buyer or a seller; nor shall you behave, whether on the Qkadoo website or by using any other communication medium whatsoever, in a manner that is unfair or dishonest or meant to influence or manipulate any aspect of the website or broader community to the detriment of other users or the Website; nor shall you utilize bidding behavior that Qkadoo determines to be unfair, dishonest or manipulating; nor shall you utilize or control, at any time, more than one (1) User Account while accessing the Website. Where you engage in any of the activities described in this section and/or Qkadoo at its discretion determines that your behavior constitutes "prohibited use" Qkadoo shall be entitled to subject you and/or your account to any of the remedies or actions prescribed in section 3 of these Terms.
You are also prohibited from accessing the Services where they are prohibited by law, and any use will be VOID WHERE PROHIBITED BY LAW. Qkadoo is not able to verify the legality of the Services it provides in every jurisdiction and as such it is your sole responsibility to ensure compliance with the applicable regulations of the jurisdiction you are physically located in, while accessing the Services. You acknowledge that Qkadoo is not always able to determine where the Services it provides are being accessed from and you are required to have made a reasonable inquiry into the legality of your use of the Services and shall indemnify Qkadoo and bear any losses claimed as a result of your use of these services. You warrant to Qkadoo's Search & Network™ that you are permitted by law to participate in online auctions from your then jurisdiction. You shall only use the Services provided by Qkadoo if you are at least of the age of majority in the jurisdiction where you are physically located while accessing the Services, and you are not less than 18 years old.
6. Purchasing Bids / Bonus Bids
All bids ("bids") must be paid for by Users prior to online bidding. Bids can be purchased in packages ("Bid Packs") at the prices indicated at the time of purchase. Details can be found at "My Account" under the "Buy Bids" tab. Unexpired bids, from a Bid Pack, promotional bids, bids transferred from another site or otherwise are always NON-REFUNDABLE. Certain bids (e.g. some "Bonus Bids") are valid only for a limited time. Upon expiration of the time stated, the bids expire and NO REFUND WILL BE AVAILABLE.
Payments can be made by credit or via payment agents such as PayPal or any other mechanism provided by the Website. Should a User not honor a payment, a returned payment fee will be charged to the User.
6.1 To purchase bids or products you will need to follow the ordering procedures in the FAQ’s and help sections of this website. Details of our prices for Bid Packages, Products and the procedures for payment and delivery are displayed in the FAQ’s and help sections.
6.2 Any times or dates stated on our website for delivery are estimates only. We will make all reasonable effort to deliver goods within the time specified, but do not accept liability for any failure to deliver within that time.
6.3 You must pay by credit card, debit card or PayPal at the time of order. The price of any Product is the price in force at the date and time of your order. We may change the price of any Product before you place an order. We try to ensure that our prices displayed on our website are accurate but the price on your order will need to be validated by us as part of the acceptance procedure. We will inform you if a Product’s correct price is higher than that stated in your order and you may cancel the order and have your used bids on that item returned to you and decide whether or not to order the product at the correct price. The prices are exclusive of delivery costs and applicable taxes.
6.4 We are entitled to refuse any order for bids or product placed by you. If your order is accepted, we will confirm acceptance to you by online electronic notification (‘Confirmation’) to the e-mail address you have given us upon registration. The order will then be fulfilled by the date set out in the Confirmation or, if the Confirmation does not contain such a date, within 30 days.
6.5 You undertake that all details you provide to us for the purpose of purchasing Products which may be offered by us will be correct, that the credit card, debit card, PayPal information, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any goods or services. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.
6.6 Shipping cost stated on an auction is for the 48 continental states of the United States of America. Additional shipping charges may apply for Alaska and Hawaii.
7. The Qkadoo's Search & Network™ Store:
The Qkadoo's Search & Network™ Store, is available to all Users of the Qkadoo, Qkadoo's Search & Network™ Website. You, agree and fully understand that the Store is provided to you as a value added aspect of the Qkadoo, Qkadoo's Search & Network™ Website and you agree to the use of the store only in conformity with the rules, policies and procedures associated with the Store which, if are not explicitly mentioned herein, are incorporated by reference.
Unless otherwise stated, delivery will be made directly from our suppliers, vendors, and affiliate partners or from our warehouse to the address provided by the User. Most of our product deliveries are made solely within the United States of America and the provinces and territories of Canada. We do use suppliers that do ship to Countries outside of the USA and Canada so please be sure to check all items before purchasing to be sure they will be shipped to your location. Generally all shipping prices indicated on the site are specific to the populous states in America, however, where delivery is required across certain borders or jurisdictions this could give rise to additional shipping costs, such as duty or custom charges or any other additional shipping charge ("Additional Shipping Costs"), all such Additional Shipping Costs shall be at the sole expense of the User and Qkadoo, Qkadoo's Search & Network™ is not responsible for such Additional Shipping Costs.
Delivery times vary and any delivery time indicated is provided only as a guide and is not guaranteed. There are times when items will be on backorder due to high demand especially during high peak Holiday seasons. We make every effort to ship within 5 business days, however there will be items such as high trend electronic devices, cellular phones that could take as long as 4 weeks to ship. Qkadoo shall make reasonable best efforts to deliver any products within the time period indicated, and require our sellers and vendors to do the same, however, due to unforeseen circumstances outside of Qkadoo's Search & Network™ control certain delays may apply. Qkadoo shall be entitled to engage third parties to satisfy its contractual obligations without being required to notify the buyer. The Purchaser upon taking delivery shall report obvious damage to the item or packaging during transport to Qkadoo by sending an email to email@example.com or by calling 1-844-752-3661 to one of our customer support specialists.
Should Qkadoo not be able to deliver the item ordered, Qkadoo shall promptly notify the Purchaser that we will deliver a comparable substitute product, which is of equal or greater value. The Purchaser shall then promptly notify Qkadoo of his/her wishes to receive this substitute or if he/she prefers to receive a refund of the final auction end price or purchase price if the item was purchased through the store.
All promotions run by Qkadoo shall only be valid if they are announced on the Website or in its corresponding email newsletter, and only in a manner consistent with the prescribed terms contained within such corresponding emails or newsletters, and only for the limited time announced therein. All promotion material, rules, policies and procedures and any content therein, are hereby incorporated in to these Terms by reference.
10. Help Section, Suggestions and FAQs
Without limitation, all bidding and sales advice or other advice including but not limited to "Help Section", "Suggestions" or any other written or oral correspondence made accessible to the User by Qkadoo, shall not be relied upon by the User for any other purpose. For the purposes of clarity and avoidance of any doubt, Qkadoo is not responsible for any action or direction taken by a User or any other person who has read and relied on any of the said correspondence. You the User shall, at all times, remain solely responsible for your own bidding selling and purchasing practices in connection with the Website. Placing bids on the Website can incur costs and you are not promised any degree of success in participating in such auctions, furthermore all such costs are the responsibility of the User and should be monitored by User.
11. Disclaimer of Warranty and Limitation of Liability regarding the Use of the Website.
USER EXPRESSLY AGREES THAT USE OF THE WEBSITE IS AT USER'S SOLE RISK. NEITHER QKADOO'S SEARCH & NETWORK™, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, PARTNER COMPANIES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITE.
THE WEBSITE IS PROVIDED ON AN "AS IS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, QKADOODISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, QKADOO DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, SERVER FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT QKADOOIS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCTS OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
IN NO EVENT WILL QKADOO'S SEARCH & NETWORK™, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT AND SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER QKADOO'S SEARCH & NETWORK™, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED IN THE WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER QKADOO'S SEARCH & NETWORK™, ITS AFFILIATES, INFORMATION PROVIDERS NOR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. IN ADDITION THERETO, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION. USER FURTHER ACKNOWLEDGES THAT THEIR USE OF THE SERVICES ARE LEGAL IN THE JURISDICTION THAT THEY ARE ACCESSING THE SERVICES FROM AND AGREES TO INDEMNIFY QKADOOFOR ANY LOSSESS RESULTING FROM A COURT DETERMINATION THAT THEIR USE OF THE WEBSITE IS ILLEGAL OR IN VIOLATION OF ANY STATUTE, LAW or COMMON LAW.
12. No Warranty
All new products are sold with the manufacturer's limited warranty only. Qkadoo warrants solely that the products sold to User under these Terms shall have the characteristics specified in the Website'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 mailed to Qkadoo's Search & Network™. Warranty is excluded with respect to any products, which are used products and Bid Packs. Bid packs are not refundable once delivery has been accepted by the buyer and the bid package has been opened and used. Bids are a digital product and all sales are final. Please only purchase what you can afford and only bid on items you can purchase if you are the final bidder. Qkadoo offers several auction platforms and is a B2B offering a platform to buyers and sellers to purchase and sell products. We have auctions to suit everyones needs - traditional style auctions, timed auctions, free auctions, reserved auctions, pre-paid bid auctions as well as our e-commerce store sites. Please bid, buy and sell responsibly to ensure a happy business place.
Qkadoo shall not be liable for personal injury and property damage resulting from the improper handling, modification or misuse of the products purchased by the Purchaser or any other person following delivery by Qkadoo's Search & Network™. In no event shall Qkadoo be liable to any person for incidental or consequential damages relating to the products, including but not limited to loss of profits or goodwill, loss-of-use damages or additional expenses incurred, whether pursuant to a claim in contract, tort or otherwise and whether in an action for breach of warranty or otherwise.
13. System Outage / Temporarily Halted Auctions/ Inactive Accounts
A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in a system. In such a case, auctions will be temporarily halted and the remaining times for the auctions, the current bidding price and the current highest bidder will be maintained. After the disruption has been resolved, the auctions will be continued and three (3) minutes will be added to the auction timer; Qkadoo reserves the right, at its sole discretion, to add more than three (3) minutes to the auction timer where it deems such action to be advisable in the circumstances present. The Website shall indicate when an auction has been temporarily halted. It is the User's responsibility to verify the time remaining on the countdown timer after an outage. Users who were bidding in auctions, which were temporarily halted, shall not have a right to a refund for bids used or other costs incurred.
With the currently available technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) without errors, or to rule out any unpredictable events in connection with the Internet (hereinafter referred to collectively as "technical faults"). Qkadoo's Search & Network™, therefore, provides no guarantee of the uninterrupted availability of the Website and technical systems and is providing you the services AS IS.
If you do not access your Account by logging onto the Qkadoo servers and using the Services offered by Qkadoo for any consecutive period of 365 days (one year), your Account will be deemed inactive and/or dormant, and may be deemed abandoned. In order to log in and utilize your account you will have to reactivate the account by calling/contacting Qkadoo customer service.
14. Claims by Users
Qkadoo's Search & Network™, in good faith, shall make every effort to bring disputes that may arise to a fair and reasonable conclusion. Qkadoo expects the same from Users. If a User does not make an attempt to resolve a dispute before initiating a claim procedure, User account will be deactivated immediately. If you have any questions regarding an invoice, receipt or a payment made, please contact the Website Customer Service by sending an e-mail to firstname.lastname@example.org
15. Intellectual Property, Trademarks and Copyrights
The mark Qkadoo, Qkadoo Search & Network, QkaBid, QkaBids.com, QkaTube, QkaPages, QkaPage, QkaBlog, QkaMall, QkaStore, and any other QKA extensions of the Qkadoo logos and design marks are trademarks of Qkadoo Search & Network, or one of its subsidiaries or affiliates. All rights with respect to those marks are reserved. All other trademarks appearing on the Website are the property of their respective owners. Qkadoo claims copyrights in all content of this site and promotional materials. In addition to the foregoing, Qkadoo does rely on some third party product and content providers, vendors, suppliers, designers, contractors, distributors, merchants, sponsors, agencies, creative and otherwise, (collectively, "Affiliates") who do supply some of the content on the site and, in the case of the Qkadoo's Search & Network™ Store items listed by you, and in both cases (the Store and the Site) the same may at times help ship or drop ship items purchased. Consequently, if you believe that some content on the site or connected with it is in violation of a copyrights, trademarks, trade dress or other proprietary or intellectual property rights please send us the information required to properly investigate in accordance with the Digital Millennium Copyright Act.
16. Service and Support for Products Purchased
All requests for technical service and support relating to products purchased on the Website should be made directly to the manufacturer in accordance with their warranty, terms and conditions.