Terms and Conditions
BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE.
PLEASE READ THESE TERMS OF SERVICE ("TERMS") CAREFULLY. IF YOU DO
NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
1. In General
The following General Terms of Service ("Terms") shall apply exclusively
to the business relationship between Pisobid ("Pisobid"), a duly registered
business in the Republic of the Philippines with TIN 008-050-213-000, its internet
platform www.pisobid.com ("the Website") and our users. By using the Website,
the user accepts the following General Terms and Conditions, as well as the manner
in which the Website operate as described on the Website.
PisoBid offers a new and innovative method of buying and selling of goods and property
through a bidding process. The contract of sale in PisoBid is between two parties,
PisoBid, as seller, and those who purchase bid backs, as buyer. These buyers, on
account of their purchase of bid packs are granted certain rights or privileges,
such as the ability to join the bidding process in each and every auction.
The bidding process in PisoBid is a standardized form of negotiation, whereby, the
placing of bids is considered as an offer to purchase goods or service. The actual
sale is consummated or perfected with the person having the highest offer being
the final contracting party.
Promotions. Any special promotions run by Pisobid shall only be valid if they are
announced on the Website or in its corresponding email newsletter, and only for
the limited time announced.
Posted advice. Any bidding advice or other written advice (for instance, 'Help Topics'
articles) posted on the Website are provided solely as suggestions and are not intended
to be relied upon. Pisobid is not responsible for any actions taken due to a user
or other person having read or been told about such advice.
All users are advised to monitor their bidding practices. Placing bids on the Website
frequently or repeatedly can incur high costs. Users should therefore pay attention
to their bidding practices and ensure that they bid within their budget. For more
advice about how to use PisoBid responsibly, please see (http://pisobid.zendesk.com/entries/20264776-please-pisobid-responsibly)
2. Eligibility / Registration / Disqualification
Eligiblity. The use of this Website is open to all provided that you are at least
18 years of age and able to enter into binding contracts. By placing a bid on the
Website, the user declares that they are legally capable of entering into a binding
contract. It is Pisobid's policy to conduct the auctions in a fair and impartial
manner. Therefore, Pisobid undertakes not to bias or otherwise interfere with the
auction protocol and process in any way. To that end, employees of Pisobid and their
immediate families are not eligible to participate in the Website auctions under
any circumstance.
Pisobid's products and services are offered exclusively to private users and not
to commercial or partly-commercial resellers. Pisobid reserves the right to exclude
anyone it has reason to believe is such a commercial reseller from participation
in auctions and to close their user accounts at any time. Prior to the closure of
a user's account, Pisobid reserves the right to suspend the user's account, and
shall inform the user of the former's intent to delete the account of the latter,
and such notice shall include the ground for the said intended action. The user
shall, within three (3) days from receipt of the notice, show cause why his/her/its
account should not be deleted. The user's failure to show cause within the allowed
period shall be sufficient grounds for Pisobid to delete his/her/its account permanently.
Each user may register only once. Registration using Post Office (P.O.) Boxes or
its equivalent is not permitted. Additionally, Pisobid will allow only 1 account
per household. Persons who are related in any way (including both family and close
friends) are not permitted to bid on the same auctions. Evidence of this activity
will be deemed collusion and may result in all offending accounts being permanently
closed with no chance for appeal.
Identity borrowing and account sharing are strictly forbidden. User needs to be
in complete control of his account at all times. Bidding under direct or indirect
supervision of others or allowing others to bid on your account is forbidden and
any evidence of such activity will result in automatic ban of offending account
and all related accounts.
During the registration process, the user must choose
a username. The username should be appropriate. It must not be offensive, deceptive
or misleading, obscene or otherwise offend common decency, or infringe the intellectual
property rights of third parties. If Pisobid receives credible information that
a username is illegal or in breach of any of these Terms, Pisobid can replace said
username without prior notice.
During the registration process, the user must also choose a corresponding user
password, which is to be kept secret by the user. User accounts created during registration
are non-transferable. The user account may be used only by the user and not by anyone
else.
Unless the user can demonstratively prove the absence of any fault on their part,
the user shall be liable for all activities that are undertaken using the user account
together with the associated password.
Disqualification. In the event of any abuse or unauthorized use of the user account,
due to actions or omissions of the user, which is in breach of these Terms or to
the detriment of Pisobid or third parties, Pisobid shall have the right, at its
sole discretion, to temporarily or permanently disqualify the user, disable its
account and, if appropriate, report the commission of a crime. Examples of such
unauthorized usage include (but are not limited to) non-payment of bids, use of
unauthorized third-party bidding software, or the creation of multiple user accounts
by the same individual. Pisobid reserves the right to suspend the user's account,
and shall inform the user of the former's intended action, and such notice shall
include the ground for the same. The user shall, within three (3) days from receipt
of the notice, show cause why the appropriate and intended action should not be
taken against him/her/it. The user's failure to show cause within the allowed period
shall be sufficient ground for Pisobid to proceed with its intended action against
the user.
In the event of a breach of these Terms, Pisobid reserves the right, amongst other
remedies, to withhold deliveries. Furthermore, Pisobid reserves the right, at its
sole discretion, to limit the number of auctions a user may participate in or the
number of their successfully finished auctions. Without limitation, it shall be
a breach of these Terms if a user provides any information that is false, inaccurate
or misleading or if the user engages in any unlawful activity in connection with
the Website, or if the user creates or attempts to create interference with the
proper working of the Website.
3. Site Access
a. Pisobid hereby grants to you permission to use
the Website as set forth in these Terms of Use, provided that: (i) your use of the
Website as permitted is solely for the purposes expressly agreed upon by Pisobid;
(ii) you will not copy or distribute any part of the Website in any medium; (iii)
you will not alter or modify any part of the Website; and (iv) you will otherwise
comply with the terms and conditions of these Terms & Conditions.
b. You may not use any Pisobid logo or other proprietary
graphic or trademark as part of a link to our Site without our express written permission.
In addition, you may not use any meta tags or other hidden text or metadata utilizing
name, trademark, URL or product name incorporating Pisobid's name or trademarks
without our express written consent.
c. The Services are for your personal use and may
not be used in connection with any commercial endeavors except those that are specifically
endorsed or approved by us.
d. Illegal and/or unauthorized use of the Services including
unauthorized framing of or linking to the Services are strictly prohibited. We also
do not permit any collection or use of any product or property listings, descriptions,
rates or prices; any derivative use of this Site or its contents; any downloading
or copying of account information for the benefit of others; any use of data mining,
robots, or similar data gathering and extraction tools or any use of the Site or
its contents other than for its intended purpose.
e. You agree not to use or launch any automated system,
including without limitation, "robots," "spiders," "offline
readers," etc., that accesses the Website in a manner that sends more request
messages to the Website servers in a given period of time quicker than a human could
reasonably produce in the same period by using a conventional on-line web browser.
f. You agree not to circumvent, disable or otherwise
interfere with security related features of the Site or features that prevent or
restrict use or copying of any content; forge any TCP/IP packet header or any part
of the header information in any posting or in any way use the Site or Services
to send altered, deceptive or false source-identifying information; attempt to probe,
scan or test the vulnerability of any system or network or breach or impair or circumvent
any security or authentication measures protecting the Site or Services; and/or
attempt to decipher, decompile, disassemble or reverse engineer any of the software
used to provide the Site or Services.
g. You agree that you will not attempt to fraud the site in any
way, including but not limited to falsely claiming any items that you did not win.
h. You agree not to develop or use any third party software that
automates any part of the pisobid signup process or bidding process including but
not limited to form filling and button clicking.
i. You agree that your access may be blocked or limited
if you access Pisobid through a VPN connection or through a proxy and/or you purposely
mask your IP address.
j. You agree that marking any email from Pisobid as
spam may result in automatic account suspension
k. You agree that you will not make any fraudulent payments,
including but not limited to stolen credit cards and other unauthorized payment
methods.
l. You agree that you will not try to manipulate the
price point of any item up for auction.
m. You agree that you will not, nor will you permit others to,
cover or obscure any banner or other advertisements on any Pisobid page.
n. You agree not to write any content that can be categorized
as spam on any Pisobid page on any of its web site
o. You agree that you will not advertise the sale of discounted
BidPacks on PisoBid.com, facebook.com/pisobid, or any of PisoBid's other web properties.
p. You agree not to advertise any other products or services on
PisoBid.com, facebook.com/pisobid, or any of PisoBid's other web properties.
q. You agree not to post any false, inaccurate, misleading, defamatory,
or libelous content about Pisobid.
r. You agree not to attempt uploading any computer virus
to the Website.
s. You agree not to post to our site and not to e-mail Pisobid
or its users and unsolicited advertising, promotional materials, junk mail, spam,
chain letters, pyramid schemes, or any other form of solicitation.
t. You agree not to upload or post any pornographic
content, stories, or links to the Website.
u. You agree not to attempt any harvesting of user information
including e-mail addresses or facebook profile information.
v. You agree not to sell or transfer your account to any
other person.
w. Any unauthorized use may result in termination of Account privileges,
which is without limitation to any other legal action that may be taken by Pisobid.
4. Your Account
a. In order to access the auctions (the "Auctions")
and certain other features of the Website, you must create an Account that is accepted
by PisoBid and maintained by you in accordance with these Terms of Use and applicable
law.
b. By registering for an account with Pisobid, you are deemed
to have consented to receiving communications from us electronically.
c. You may not use another user's account
d. When creating your Account, you agree to only provide accurate,
current and complete information as may be prompted by any registration forms on
the Site ("Registration Data").
e. Each person may register only one user account. Only individuals
may open an Account, not entities, companies, trusts, co-ops, etc.
f. You are solely responsible for the activity that occurs
on your Account, and you must keep your Account password secure. You agree not to
disclose your password to any third party or permit any third party to access your
Account.
g. You agree to use the Website and/or the Services only in a
manner consistent with any and all applicable laws and regulations, and these Terms
& Conditions specified herein.
h. You must notify Pisobid immediately of any breach of security
or unauthorized use of your Account. You agree to accept responsibility for all
activities and unauthorized access that occur under your account or password.
i. Only 1 account is permitted per household. Persons
who are related in any way (including both family and close friends) are not permitted
to bid on the same auctions. Evidence of this activity will be deemed collusion
and may result in all offending accounts being permanently closed with no chance
for appeal.
j. You agree not to advertise, or solicit, any User
to buy or sell any products or services and not to transmit any chain letters or
junk email to other Users.
k. You may not sell, license, or otherwise transfer your
Account.
l. You agree that you will not post any telephone
numbers, street addresses, last names, URLs or email addresses, unless otherwise
expressly permitted by Pisobid.
m. If any payment by a User for Packs or Products is returned or dishonored,
the User will be charged a fee equal to P2000, which is a fair approximation of
Pisobids' costs and expenses of such return. Without limitation to any other rights
or remedies, Pisobid reserves the right to disable such User's Account until all
obligations are paid in full.
n. Bids placed & items won in violation of our Terms &
Conditions will be forfeited.
o. Pisobid reserves the right to cancel an account, refuse registration,
refuse service, terminate accounts, cancel orders or disqualify you for any reason
or for no reason at its sole discretion.
p. Your username may not be obscene or misleading ("pisobid
admin", "Auction closed"..) or
chosen with the clear purpose
of imposing an existing user.
q. You are solely responsible for your interactions with other
Users. Pisobid reserves the right, but has no obligation, to monitor disputes between
you and other Users.
r. In addition to the Terms and Conditions herein, the Website
Provider shall not be liable or responsible for any loss, damage (whether special
or consequential), embarrassment, goodwill expenses or loss of profit incurred or
suffered by the Customer by reason of or in connection with the followings :
i. Any failure, delays in transmission, interruption,
errors, omission or breakdown of any equipment, system, server software or terminal
of the Website Provider;
ii. Interference by computer virus, corrupted data, malfunctions;
iii. Any failure or delay attributable to the Website by its service
provider;
iv. Failure or delay due to causes beyond the control of the Website
Provider including causes such as strikes, industrial action, civil disturbances,
flood, earthquake, landslides or Acts of God or computer, electronic, communications
or electrical systems failures of any nature whatsoever, breakdown, interruptions,
non-supply, failure in the supply of electricity or power for any length of time;
v. Any inaccuracies, errors, defects of any content of this
Website or other website linked to this Website;
vi. Any operation malfunctions or defects of the Customer's computer
terminal, systems or software used in accessing the Website;
vii. Any access, use or inability to access or use this Website and/or
any other website linked to this Website.
s. Pisobid may at any time terminate your Account, for any
reason or no reason, with or without notice.
5. Purchasing Bids / Bonus Bids
Rights to bid in an auction ("bids") must be paid for by users prior to
online bidding. Bids can be purchased in packages ("Bid Packs") at the
prices in force at the time of purchase. Purchased bids do not expire, are non-transferrable,
and are not refundable unless otherwise specified by Pisobid. Details can be found
at the Website. Payment for bids can be made by credit or debit card or via payment
agents such as PayPal, AsiaPay, LoadCentral, DragonPay, CashSense or others. You
can also buy bids in cash via some of the aforementioned payment providers at venues
such as 7-11 and most major banks.
Selling or reselling of Pisobid bid packs is not permitted without the written approval
from Pisobid or one of its authorized agents.
Selling or reselling Pisobid bid packs at discount is strictly not permitted.
6. How to Place a Bid
Users can place bids by physically clicking on the bid buttons. Once a bid is placed,
it is deducted from the user's bid account. If more than one bid is required for
each button press, this will be clearly marked on the bid button.
The user is prohibited from using bidding software not authorized by Pisobid. Doing
so will constitute a Breach subjecting the user to immediate disqualification.
7. How an Auction Works
With each bid placed the price of the item on which the user is bidding increases
by the amount designated on the Website by Pisobid. A bid submitted by the user
conveys the willingness of the user to enter into a binding contract with Pisobid
for the item offered at the price of that bid. In the event that bid is the last
bid made at the end of an auction, the bid constitutes a binding contract with Pisobid
to purchase the item of the auction at the final bid price and under the conditions
set out in the pages which provide the details for each specific auction. A contract
to purchase the item does not come into effect until the auction is finished and
the last bidder has followed all the steps in the next section.
Each item for auction has a “countdown timer” which indicates the time
remaining in the auction. As auctions approach their end, each new bid placed resets
the "countdown timer" at the interval specified for that item on the “reset
timer”. The auction ends when the remaining time reaches zero. The user who
was the last to bid then wins the auction. All other bids on the item expire and,
as indicated, are non-refundable. The last bidder is determined according to the
records in Pisobid's database. Pisobid's determination of the last bidder shall
be final (save in the case of manifest error).
Bidding on auctions is influenced by the different limits and determined by the
administrators during the auction.
PisoBid reserves the right to introduce special auctions such as, but not limited
to, limiting the number of auctions won during a specific period. Furthermore, PisoBid
reserves the right to change parameters of the auction at any time including but
not limited to win limitations, bid increments, auction timer, and the required
“bids per bid”.
PisoBid reserves the right to reject any attempt of bidding based on (but not limited
to) previous auctions won, number of auctions won in last 48 hours or fraud investigation.
The user agrees to acquire the right to purchase in PisoBid a maximum of 5 items
(including bid packs) per 10-day period.
PisoBid reserves the right to discontinue special auctions as outlined above, or
any other special auctions it may choose to institute, at its discretion.
8. Acceptance of the Win and Payment
After an auction has ended, the last bidder (the "winner") must begin
the process to claim their item. The winner can do this by clicking the claim button
for that auction item or by going to My Wins in the My Account section of the website
and clicking the Won! Claim Item! link. After clicking the claim button, the winner
must select a payment provider and pay the total price for the win by following
the steps indicated on the following pages the winner is directed to. After confirming
the win and paying the amount due using the selected payment provider, the winner
will receive a confirmation e-mail from Pisobid. Subsequently the item will be delivered
to the winner (subject to the remedies for breach of a Term set out in this Agreement.)
If an auction win has not been confirmed by the winner and paid within seventy-two
(72) hours of the auction end time, Pisobid reserves the right to withdraw the offer
to conclude a contract. If Pisobid withdraws the offer, the winner's right to pay
for and receive delivery of an item will be permanently revoked. In this instance,
the bids placed in that auction are non-refundable.
Should bids that have already been purchased and used by a user not have been fully
paid for, payments subsequently received from this user shall be treated as payment
toward the bids not yet fully paid for. Pisobid reserves the right to retain the
item purchased at auction until all bids and the total price have been paid for
in full. Pisobid reserves the right to charge the winner reasonable storage charges
for items not paid for.
Once payment has been successfully made, PisoBid reserves the right to ask for submission
of a valid identification for proof of identity purposes.
If Pisobid suspects that the user won under false pretenses including but not limited
to playing under someone else's name, Pisobid can refuse delivery of the item without
any refund of payments made or bids used.
Publicity. Pisobid reserves the right to publish the name, region address and photograph
of the winners. This rule is one of the conditions of participating on the Website,
which allows Pisobid to provide the public with proof of the auctions won by users.
This constitutes a fundamental transparency issue.
As a winner of a major auction, users may be asked, depending on advertising needs,
to take part in a photo session and a brief interview about the circumstances surrounding
his/her/its win. The following rules apply to the photo session:
1. The face must be uncovered
2. Pisobid might require photo ID to confirm the winner's usual appearance. If a
winner refuses to comply with these rules, Pisobid reserves the right to suspend
delivery of the prize.
The information gathered may be used to write a press release sent to the media
and may also appear in one of Pisobid's commercials, including but not limited to,
television and radio, as well as on the Website.
9. Cancellations
Pisobid grants winners the right to cancel a purchase for a full refund of the auction
end price, less restocking fees, even if the goods are not defective in any way,
subject to the limitations provided in these Terms. This cancellation right terminates
at 5 pm on the day, which is fourteen days after the day on which a winner receives
the goods or a notification that the goods are ready for collection. Day one of
this fourteen day period is the day following such receipt or notification.
The right to cancel does not apply in the event the item consists of audio or video
recordings or computer software whose packaging has been unsealed after delivery
or collection. These items are not eligible for return or refund. Sets or boxes
can only be returned in their entirety. If a winner wishes to cancel the contract
within the fourteen day period, they must inform Pisobid in writing (by letter or
email). The winner must retain proof that the writing was transmitted within such
14 days. Cancellations by phone will not be accepted.
The following contact details must be used:
Mailing Address:
PisoBid Corp.
14th Floor Picadilly Star Building, 4th Avenue Corner 27th Street, Bonifacio Global
City Taguig City, 1608
Customer Service Address:
http://pisobid.com/contactus.aspx
In order to validly complete cancellation, a winner must return the product or products
in good merchantable condition, as might be expected of a new product. The cost
of postage for delivery by mail or the cost of other delivery methods for the return
of a product will be paid by the winner (unless the goods he/she received were found
to be faulty). If the user is unable to return the service or product received or
is only able to return it in part or only in a depreciated condition, he will have
to pay compensation to Pisobid (the amount refundable will be reduced proportionally).
Should Pisobid incur costs because the winner has not included sufficient postage
or other carrier or transport costs paid by the winner for the return were not sufficient,
these costs will be deducted from any payment remitted to the winner.
10. Delivery
Unless otherwise stated, delivery will be made directly from our suppliers or from
our warehouse to the address provided by the user. Deliveries are made solely within
the Philippines.
Delivery times vary and any delivery time indicated is provided only as a guide
and is not guaranteed. Pisobid shall be entitled to engage third parties to satisfy
its contractual obligations without being required to notify the buyer. Obvious
damage to the item or packaging during transport shall be reported to Pisobid by
the winner within fourteen (14) days from the delivery of the item. Pisobid reserves
the right to file the appropriate third-party complaint/s against said third-party
logistics companies, in case the item/s purchased incurs damage during transport.
Should Pisobid not be able to deliver the item ordered, Pisobid shall promptly notify
the winner if it can deliver a comparable substitute product that has the same or
better features. The winner shall then promptly notify Pisobid if it wishes to receive
this substitute or if it prefers to receive a refund of the final auction end price.
In this instance, if the winner opts to receive a refund, bids placed in the auction
by the winner are refundable.
PisoBid uses the address you have entered in your account profile when establishing
delivery of auction products. You understand and agree that Pisobid is not liable
for errors in your address and that you are responsible for maintaining a correct
address in your account profile. Likewise, you understand and agree that Pisobid
has no control of 3rd party shippers and as such, Pisobid is not responsible for
late or missing deliveries. While we will endeavor to assist you in such situations,
Pisobid is under no obligation to do so.
Shipping of the auction product and/or service will be made after full payment for
the auction price has been made by the auction winner.
Delivery of the item is also subject to the absence of fraud. Any form of cheating
or unfair practice including but not limited to team play, credit card fraud, chargebacks,
playing under a false identity, and using multiple accounts will result in forfeiture
of the win. Furthermore, PisoBid reserves the right to delay shipment of any items
pending investigation of suspected foul play.
Pisobid guarantees that all auction products and/or service won will be honoured,
mailed, or delivered within 30 days of receipt of payment from the winner, except
in special cases involving a custom ordered product that requires more time. In
the event of any shipping delays, the winner of the auction items will be notified.
Auction winners will be required to acknowledge receipt when delivery of the auction
item has been made.
Winners acknowledge that Pisobid does not endorse the resale or gifting of won items
and will not be held liable for any such actions, nor will Pisobid provide original
receipts or copies thereof for said items.
Furthermore, Pisobid shall not be held liable for any failure to deliver due to
fortuitous events including but not limited to reasons that are not attributable
to Pisobid.
11. Products and Product Availability
The subject product of each auction is usually offered at 90 to 99% off of
its “retail price”. The “retail price” is supplied by partners
and/or distributors and is typically equal to the Manufacturer's Suggested Retail
Price (MSRP). Pisobid makes no warranty that the “retail price” of the
product will necessarily be the MSRP of the product.
This Web Site is not affiliated with any of the listed merchants on this Web Site.
The merchants listed anywhere on this Web Site do not endorse or Pisobid's auctions
or any activities associated with it, unless expressly noted. These merchants are
not liable for any claims, alleged or actual, related to this offer. The merchant
names, designs, and related marks are registered trademarks of their respective
owners.
Pisobid does not warranty the quality or functionality of an auction product in
anyway and you shall not make any claim against Pisobid for any problems encountered
with an auction product. While we may assist you in resolving problems with the
manufacturer or vendor concerned, Pisobid is under no obligation to do so.
While Pisobid will make reasonable efforts to ensure that an auction product remains
available at the time an auction has closed, it has no control over its availability:
the manufacturer or distributor of an auction product may have discontinued the
auction product during the course of the auction, thereby making the auction product
unavailable at the auction close. In such cases, Pisobid reserves the right to offer
the auction winner a comparable product of equal or greater value or offer the winner
of the auction a cash voucher with the manufacturer or distributor that is comparable
in value to the original auction product.
12. Disclaimer of Warranty and Limitation of Liability regarding the Use of the Website.
Users expressly agree that use of the Website is at his/her/its sole risk. Neither
Pisobid, its affiliates nor any of their respective employees, 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, Pisobid disclaims 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, Pisobid does not represent
or warrant that the information accessible via the site is accurate, complete or
current. Pisobid is 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 Pisobid is not liable for the defamatory,
offensive or illegal conduct of other users or third-parties and that the risk of
injury from the foregoing rests entirely with user.
In no event will Pisobid, or any person or entity involved in use of a Pisobid auction,
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 on the Website.
In addition to the terms set forth above, neither Pisobid, 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
unauthenticity of, the information contained in the Website, or for any delay or
interruption in the transmission thereof to the user, 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 Pisobid, its affiliates,
information providers nor content partners warrant or guarantee the timeliness,
sequence, accuracy or completeness of this information. Additionally, there are
no warranties as to the results obtained from the use of the information.
13. Disclaimer of Warranty and Limitation of Liability regarding Purchases from the
Website.
All new products are sold with the manufacturer's limited warranty only. Pisobid
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 Pisobid.
Warranty is excluded with respect to any used products, Bid Packs, gift cards, and
other products for which a manufacturer's Warranty does not apply.
Except for the warranties set forth above, Pisobid makes no other warranties, either
express or implied, with respect to the products, or any related services performed
by Pisobid or any of its agents or subcontractors in connection with any order,
including, without limitation, any warranties of fitness for a particular purpose,
which other warranties are expressly excluded and disclaimed.
Pisobid shall not be liable for personal injury and property damage resulting from
the improper handling, modification or misuse of the products by the winner or any
other person following delivery by Pisobid. In no event shall Pisobid 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.
14. System Outage / Temporarily Halted Auctions
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; Pisobid
reserves the right, at its sole discretion, to add more than three (3) minutes to
the countdown timer. 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. Bidders who were bidding in auctions that 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"). Pisobid, therefore, provides
no guarantee of the uninterrupted availability of its website and technical systems.
In case of unexpected problems such as, but not limited to an attack on our servers,
disrupted internet connection to the server, power outages, large amount of fraudulent
users participating, Pisobid may declare the disrupted auction invalid. Immediately
after such problems have been detected or reported, Pisobid shall immediately investigate
the cause of said problems. Based on our findings, Pisobid reserves the right either
to i) Restart or postpone an auction. In case of postponement, bidding will resume
from the value at which it was stopped; or ii) Declare the auction completely invalid
and give back bids to everyone that participated. Bid refunds shall be in the form
of bid credits and cannot be refundable in cash.
Pisobid shall have sole discretion to determine whenever or not an auction was valid.
Likewise, Pisobid reserves the right to postpone any auction that has not yet ended.
In the event that Pisobid decides not to restart a postponed auction , Pisobid
shall credit back customers the bids that were spent on that specific auction which
was not restarted.
15. Claims by Users
Pisobid, in good faith, shall make every effort to bring disputes that may arise
to a fair and reasonable conclusion. Pisobid expects the same from its users. If
a user does not make an attempt to resolve a dispute before initiating a claim procedure,
their account will be deactivated immediately.
16. Indemnity
The Users agree to fully indemnify PisoBid against any and/or all liabilities, losses,
damages, penalties, actions, judgments, costs, expenses or disbursements of any
kind whatsoever which may be imposed on, incurred by PisoBid in respect of the User's
unlawful activities, communication, act and/or omission in any way relating to or
arising out of the negligence of or misconduct of or breach of or any omission,
delay or failure of the User's obligations under the Terms and Conditions as provided
herein.
The User agrees to indemnify and hold PisoBid, its members, managers, affiliates,
officers, agents, lawyers, accountants, licensors, and other partners and employees,
harmless from any loss, liability, claim, or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of your use of PisoBid or any
of its services in violation of these Terms and Condition, arising from your breach
of these Terms and Condition, arising from your violation of applicable law or court
order, and arising from your negligence.
This indemnity by the User herein shall survive the termination of any of the PisoBid
services to the User.
17. Restrictions
Without assuming the responsibility therefore, PisoBid reserves the right to restrict
conduct and/or take measures against conduct, which PisoBid shall deem in its sole
discretion to be harmful or offensive to other users is unacceptable for any reason
or no reason whatsoever or otherwise detracts from the PisoBid service or adversely
affects PisoBid, its business or software in any manner whatsoever.
18. Intellectual Property
The Website, comprising all its content, materials, documents including but not
limited to its trademarks/service marks, logos and other intellectual property rights
of the Website Provider in the Website encompassing all information, details, graphics,
data files, text, sound recordings and arrangements of the same are the wholly owned
and copyrighted work of the Website Provider, and shall vest and belong to the Website
Provider. The mark Pisobid.com and Pisobid's logos and design marks are trademarks
of Pisobid, 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. Pisobid claims copyrights in all content of
this site.
None of the materials posted herein shall be copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in any form or by any means, including
but not limited to electronic, mechanical, photocopying, recording, or other means,
without the prior express written permission of the Website Provider.
Customers who post their own proprietary information on the Website thereby grant
consent and a license to the Website Provider to use that proprietary information
on the Website at no cost to the Website Provider, its agents, or assigns. The Website
Provider has the exclusive right to use anything posted by the Customer on the Website
in any way it deems appropriate on the Website. This includes allowing or prohibiting
the use of the posted information, including reproduction, distribution, translation
and adaptation, inclusion in compilations or databases, or communication to the
public.
In the event of a breach of the intellectual property rights hereunder these Terms
and Conditions, the Website Provider may resort to any available legal remedies,
which may include a demand for actual or statutory damages, attorney fees, and injunctive
relief.
19. Amendment of Terms and Conditions
a. Pisobid may unilaterally amend and add to these Terms
and Conditions by publishing a relevant notice and the amended and/or added to the
Terms and Conditions on the Website.
b. Amendments or additions to the Terms and Conditions shall enter
into force immediately upon their publication on the Website.
c. The Customer should be able to view the revised Terms
and Conditions upon access to the Website, and the use of the Website thereafter
shall constitute the Customer's consent and acceptance to the variations, amendments
and/or additions, supplements therein after appearing.
20. Referral Bids
You may refer friends to Pisobid using the referral form on the Website. Pisobid
offers free bids to any user who refers new users who purchase a Bid Pack. Pisobid
reserves the right to review each referral for possible fraud. Any abuse of the
referral system may result in the deduction of fraudulent bids awarded and/or the
termination of your account at Pisobid's sole discretion.
21. Applicable Law / Severability Clause
This Terms of Service Agreement and your use of the website shall be governed by
the laws of the Philippines without regard to its conflicts of laws principles.
Any legal action or proceeding related to this website shall be brought exclusively
in the courts of Makati City, Philippines. The UN Convention on the International
Sale of Goods shall not apply.
22. Protection of Data
The protection of your data is very important to us.
For more information on the collection, processing, and use of personal data, please
read our Privacy Policy on the Website.
23. External Links
Our website may contain links to other websites operated by third parties, and these
sites may likewise contain links to other websites.
The operators of the sites linked to and from this site are solely responsible for
their contents. Pisobid shall not be held liable for any and all content of any
and all websites linked to the Pisobid website. Likewise, Pisobid cannot take any
responsibility for the content of or the data protection and privacy practices of
third-party websites.
24. Repeat Infringer Policy
Pisobid has adopted a policy of terminating, in appropriate circumstances
and at its sole discretion, subscribers or account holders who are deemed to be
repeat infringers. We may also at our sole discretion limit access to the
Site and/or terminate the accounts of any users who infringe any intellectual property
rights of others, whether or not there is any repeat infringement.
25. Collusion/Team Play
Any kind of collusion or team play is strictly forbidden on Pisobid. By definition,
this includes, but is not limited to, two or more members working together as a
team, or creating the impression that there are more people involved and competing
to win an auction than there actually are. Pisobid does not allow two members that
know each other to participate in the same auction. Two members participating in
the auction are by definition engaging in team play, and automatically lose their
right to win, purchase, or receive any of their bids back for auctions in which
they engaged in team play.
Team play also includes the participation in any societies, groups, forums,
or venues (public or private, online or offline, hidden or open) in which users
discuss unfair play on PisoBid including but not limited to collaboration techniques,
offering win assistance, calling items, and any other technique associated with
unfair play.
Pisobid reserves the right to disqualify in its absolute discretion any users
they suspect to be working in a team by voiding all their wins and freezing their
accounts. No funds or bids will be returned.
Pisobid also reserves the right to immediately suspend any accounts which it suspects
were involved in team play.
26. Intimidation Play
Any kind of intimidation play is strictly forbidden on Pisobid. This includes but
is not limited to comments whether true or false about having an excessive number
of bids to psych out other others. Other forbidden tactics include harassing other
users through name-calling, threats, and other unsportsmanlike behavior.
Pisobid reserves the right to disqualify in its absolute discretion any users they
suspect to be intimidating others by voiding all their wins and freezing their accounts.
No funds or bids will be returned.
27. Other Prohibited Acts
a. Maintaining more than one account or maintaining control
or influence over more than one account.
b. Establishing a competing site or otherwise copying or using
the data on the Site for any reason other than bidding on products for User's own
use.
c. User may not resell any product or service obtained from
Pisobid without a written consent from Pisobid. Moreover, User may not use the products
to create any investment scheme, commodities contract or pool or otherwise to use
Pisobid as a product delivery mechanism for a brokered or ”middleman”
agreement or obligation. If it is discovered that User is, in fact, reselling products
obtained from Pisobid, Pisobid reserves the right to suspend the account of the
User without further notice, voiding all auctions the User has participated. Additionally,
the User is to compensate Pisobid for all caused damages.
d. User certifies that they have never been convicted of violating
any regulation involving either the (i) illegal use of any regulated Internet or
telecommunication facilities or illegal distribution, (ii) the investment and securities
laws of any jurisdiction, particularly related to ponzi schemes, market manipulation
or any other fraud. Furthermore, User certifies that neither he nor she has been
removed from any other facility accessing the Internet for cause other than non-payment
or voluntary cancellation by the User.
e. The failure to comply with the foregoing prohibitions can result
in termination of the account, as well as the pursuit of civil law remedies and
criminal law proceedings.
28. Charge back requests
Pisobid reserves the right to temporarily freeze any accounts that are involved
in any payment disputes or charge-back requests. This relates to all accounts that
are connected to the dispute, including but not limited to accounts that have at
any given time shared the same shipping address, billing details, network address
or any other indication of being connected.
29. Overseas payments, multiple payment sources
Pisobid reserves the right to temporarily freeze any accounts that appear to be
fraudulent including but not limited to:
a. Payments associated with overseas addresses outside of
the Philippines
b. Payments made as e-checks
c. User accounts funded with several different credit cards
or paypal accounts
d. User accounts which were funded with the same credit card or
paypal account as several other accounts
e. Excessive number of bid pack purchases from a single non-cash
payment source
30. Dormant Account Policy
Should a customer's account be inactive for a period of 6 months or more, Pisobid
will levy an administration fee of 20 bids per month until such time that the bid
balance is reduced to zero or the customer account is no longer inactive. A customer
will be deemed no longer inactive, if they login to the website and place one or
more bids.
31. Termination
Notwithstanding any of these Terms, Pisobid reserves the right, without notice
and in its sole discretion, to terminate your license to use the Website, and to
block or prevent future your access to and use of the Website.
32. Fraudulent Activities
Any abuse of a user account or violation of these terms and conditions by a user
will result in the disqualification of the user and may also result in criminal
proceedings.
We do not tolerate in any way inappropriate and fraudulent activity, and will seek
criminal and contractual sanctions against any person involved in or suspected of
involvement in fraud, dishonesty or criminal acts, or collusion or suspected collusion
with other persons involved in fraud, dishonesty or criminal acts. This includes,
but is not limited to, cheating, attempting to defraud us or other users of the
Website, payment fraud, payment reversals, use of stolen credit cards, money laundering
or other attempts to deposit funds obtained from ill-gotten means.
We will withhold all payments to you where your involvement in any of the above
acts or activities is suspected and we reserve the right to suspend or close your
Account and bar you from further participation in the Website, whilst also reserve
the right to withhold any items won and/or purchased.
If we deem it appropriate we may share information regarding your fraud, dishonesty
or criminal acts (including your personal data) with anyone we deem it necessary,
including banks, payment gateway providers and credit card companies. We will also
make such reports as are necessary to the authorities. Furthermore, you must not
attempt to gain unauthorized access to the Website, the server on which the Website
is stored or any server, computer or database connected to the Website.
33. Verification
In order to maintain integrity of the site, Pisobid reserves the right to ask for
verification of age, identity, address, and phone number at any time. Be certain
to include accurate information in your Pisobid account profile. Failure to do so
may lead to closed accounts or non-delivery of prizes.
34. Account Changes
Changing e-mail addresses or user nicknames is allowed only under extreme circumstances.
When changing either email address or user nickname per customer request, Pisobid
must be supplied with valid reason for changing data and Government issued ID that
contains photo of user. Data from ID must completely match both personal and address
information that Pisobid has on file.
35. Prosecution
The User hereto agrees and acknowledges that all the covenants and agreements herein
contained shall be deemed conditions and that if default or breach be made of any
of such covenants and conditions, then PisoBid reserves the right to prosecute the
user, civilly or criminally and the errant user shall be liable for any and all
damages, actual and consequential, resulting from such breach.
Should PisoBid be compelled to seek judicial relief against the errant user, the
PisoBid shall, in addition to the damages mentioned in the preceding paragraph,
pay an amount equivalent to One Hundred Percent (100%) percent of the amount claimed
in the complaint as attorney's fees (with minimum of P100,000.00) aside from the
costs of litigation and other expenses which the law may entitle PisoBid to recover
from the User.
36. General
The contract between Pisobid and users is binding on the parties and on their respective
successors and assigns. The user may not transfer, assign, charge or otherwise dispose
of any contract formed under these General Terms or any of their rights or obligations
without Pisobid's prior written consent.
Pisobid has the right to revise and amend these General Terms from time to time
in its absolute discretion, including but not limited in response to changes in
market conditions affecting Pisobid's business, changes in technology, changes in
payment methods, changes in relevant laws and regulatory requirements and changes
in Pisobid's system capabilities.
All users will be subject to the policies and terms and conditions in force at the
time that they have successfully bid for items listed on the Website, unless any
change to such policies or terms and conditions is required to be made by law or
governmental authority or Pisobid notifies its users of the changes to such policies
or General Terms before Pisobid sends information relating to delivery (in which
case Pisobid has the right to assume that all successful winners have accepted the
changes to the terms and conditions unless notified to the contrary within 7 working
days by the user of the items).
This Agreement and any operating rules for the Website established by Pisobid constitute
the entire agreement of the parties with respect to the subject matter hereof, and
supersede all previous written or oral agreements between the parties with respect
to such subject matter. No waiver by either party of any breach or default hereunder
shall be deemed to be a waiver of any preceding or subsequent breach or default.
The section headings used herein are for convenience only and shall not be given
any legal import.