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This Agreement is a binding agreement between you and merseysidetoday.co.uk (E-car bidder ).
This Agreement sets out the terms and conditions governing your participation in Auctions on this Site,so please read it carefully.If you are uncertain, or you do not agree with the terms and conditions then you should not accept them.
Merseysidetoday.co.uk (E-carbidder ) herein-after referred to as (We),(Us), (our),(maxbid) (Mtoday).
Merseysidetoday.co.uk carries out auctions for products and services on the Internet where bid proposals are accepted via the Internet.
Merseysidetoday.co.uk Auctions are a specific auction format whereby the uniqueness of the amount bid by an individual bidder, combined with the correct answering of some qualifying questions, determine the winner of the auction, as further explained in this Agreement.
* "Merseysidetoday.co.uk MaxBid Auction" means the specific auction format described in this Agreement;
* "Bid" means a proposal by a specific Bidder to pay a specific Bid Amount for a product or service in a merseysidetoday.co.uk MaxBid Auction;
* "Bid Amount" means a value in British Pound Sterling ( £ ) that may be proposed in one or more Bids;
* "Bidder" means a person who submits a Bid;
* "Maximum Bid" or "Max Bid" means the maximum Bid Amount, as determined by merseysidetoday.co.uk, that can be Bid in a specific MaxBid Auction;
* "Maximum Number of Bids" or "Required bids" means the maximum number of Bids that will be accepted in a specific MaxBid auction regardless of the End Date of the auction;
* "Required Bids" means the number of Bids that are required for a specific MaxBid Auction to close without being cancelled; not including any or all Free bids or Bonus bids that may be given to a bidder in the course of a specific auction.
* "Maximum Number of Bids per Bidder" or "Max Bids Per Bidder" means the maximum number of Bids that will be accepted in a specific MaxBid Auction per individual Bidder;not including any or all Free bids or Bonus bids that may be given to a bidder in the course of a specific auction.
* "End Date" means the date at which a MaxBid Auction will close provided that the Required Bids have been received. If the Required Bids have not been received then a MaxBid Auction will only close without being cancelled at the discretion of merseysidetoday.co.uk.
* "Bid Increment" means the step amount (1p ) that is permitted by merseysidetoday.co.uk separating possible Bid Amounts;
* "Unique Bid" means a Bid that is not the same Bid Amount as any other Bid for a specific MaxBid Auction;
* "Administration and Handling Fee" or "Admin Fee" means a fee that is levied for each Bid;
* "Item" means one unit/package of a particular product/service on offer where a specific MaxBid Auction MAY consist of one or more identical Items;
* "Quantity Available" means the number of items that are available to be won in a specific MaxBid Auction;
* "Selected Bidder/winner" means the sole Bidder that is determined to have the right to purchase a specific product/service on a MaxBid Auction as per this Agreement;
* "Qualifying Questions" means the questions that may be asked at the end of an auction. Should any one of these questions be answered incorrectly then the Bidder will not be eligible to win the auction;
* "Qualifying Unique Bid" means a Bid that is not the same Bid Amount as any other Bid for a particular Item in a specific MaxBid Auction where the Bidder has answered all the Qualifying Questions correctly (if applicable).
* "Free bid/bids" means Bids that are paid for and qualify for entry in a specific auction may at the discretion of Mtoday also have free bid/s allotted to a specific auction.
* "Auction status" means the progress of a specific auction.
1. General
2. Acceptance of Bid Proposals
3. Determination of Max Bid Auction Selected Bidders
4. Administration and Handling Fee payments by Credit/Debit Card
5. Refunding of Administration and Handling Fees
6. Provision of Products/Services
7. Use of Information
8. Disclosure of Bidding Information
9. merseysidetoday.co.uk Liability
10. Governing Law
1. General
1.1. The accessing and use of this site, and the submission of a Bid in any MaxBid Auction, constitutes agreement to these Terms and Conditions.
1.2. For each specific MaxBid Auction merseysidetoday.co.uk will determine the following:
* 1.2.1. The product/service on offer.
* 1.2.2. The Maximum Bid Amount.
* 1.2.3. The Required Bids or Maximum Number of Bids that will be accepted for a specific auction.
* 1.2.4. The End Date of the auction ( will be determined by the required bids )
* 1.2.5. The Administration and Handling Fee per bid.
* 1.2.6. The Bid Increment.
1.3. In addition, merseysidetoday.co.uk may specify the following:
* 1.3.1. A Maximum Number or Bids per Bidder that will be accepted in a specific MaxBid auction.
* 1.3.2. A Maximum Number of Bids that a Bidder can place in one instance in a specific MaxBid auction.
* 1.3.3. The number of Items available in a specific MaxBid Auction (i.e. Quantity Available).
* 1.3.4. The number of Free bids in a specific auction.
1.4. A given Max Bid Auction will close and a winner will be selected as per clause (3) of this agreement under any one of the following circumstances:
* 1.4.1. Once the Required Bids or Maximum Number of Bids has been reached
* 1.4.2. Once the End Date of the auction arrives and merseysidetoday.co.uk chooses to close the auction even if the Required Bids, if specified, has not been reached.
1.5. If the Required Bids has been specified, should the End Date of the auction arrive and the Required Bids has not been reached then merseysidetoday.co.uk reserves the right to extend the auction for one additional period of up to 30 days at a time.
1.6. Once the Required Bids or Maximum Number of Bids for a specific MaxBid Auction Item has been reached no further bids will be accepted however due to the time delay that occurs for Administration and Handling Fees to be processed after a Bid is placed there may be a discrepancy between the total numbers of bids that are actually accepted and the Required Bids or Maximum Number of Bids specified per MaxBid Auction Item.
1.7. Once a MaxBid Auction has closed, the winner will be determined as per clause (3) of this Agreement. merseysidetoday.co.uk may at its discretion and at any time following the close of the auction, place other identical or similar products/services in a different MaxBid Auction. No Bids placed in any individual MaxBid Auction will count as Bids in any other MaxBid Auction. In addition the auction variables (e.g. Required Bids, Maximum Bid, Maximum Number of Bids, Administration and Handling Fee etc.) may differ between individual MaxBid Auctions, even though the product or service that is being auctioned is either identical or similar.
1.8. The retail price or market value of the product/service on offer may be stated as part of the description of the product/service on MaxBid Auction. While Mtoday will endeavour to ensure that this information is as accurate as possible, merseysidetoday.co.uk does not warrant that this information is correct and that the product/service is not available at a lower price.
1.9. merseysidetoday.co.uk is the sole determinant of the correct answers to the Qualifying Questions and under no circumstances shall correspondence be entered into on this correctness of the answers.
1.10. Bidders warrant that they are 18 (eighteen) years of age or older.
1.11. merseysidetoday.co.uk is entitled to change these Terms and Conditions at its discretion.
The new Terms and Conditions will govern all MaxBid Auctions, which commence after the time when they are published on the Site. merseysidetoday.co.uk will bring new Terms and Conditions to the attention of users of the site by referring users to them on the screen users first access( home page) when they visit the site to participate in a MaxBid Auction.
2. Acceptance of Bid Proposals
2.1. Bidders acknowledge that all Bids are kept secret and will under no circumstances be disclosed to any other party whilst the auction is open.
* 2.2. The following information is required in order to submit a Bid:
* 2.2.1. The product/service applicable to the Bid.
* 2.2.2. A Bid Amount.
* 2.2.3. First name.
* 2.2.4. Last name.
* 2.2.5. A contact landline telephone number.
* 2.2.6. A valid email address
* 2.2.7. Home address
* 2.2.8. Date of birth.
2.3. A Bid is only considered accepted once payment of the Administration and Handling Fee(s) has been physically recorded as a received payment in the MaxBid system. Approved credit/debit card payments for Administration and Handling Fees are automatically recorded as received payments once payment has been confirmed through our payment gateway.(Paypal)
2.4. merseysidetoday.co.uk reserves the right to cancel any Bid without making a refund of the applicable Administration and Handling Fees under any one or more of the following circumstances:
* 2.4.1. The Bidder provides false or non-existent information of the following type when placing a bid: first name, last name, contact telephone number, email address, home address, d.o.b, and/or credit/debit card details.
* 2.4.2. A fraudulent credit card is used to pay the relevant Administration and Handling Fee(s).
* 2.4.3. The bank or other credit institution reverses the credit card transaction for the Administration and Handling Fee payment.
* 2.4.4. Any other breach of this Agreement.
2.5. merseysidetoday.co.uk reserves the right to cancel any Bid and offer a refund of the applicable Administration and Handling Fees under any one or more of the following circumstances:
* 2.5.1. A bid is placed or payment for the Administration and Handling Fee is received after the close of an auction.
* 2.5.2. If specified, the Required Bids (applicable for each item in the case of multiple item auctions) in order to close the auction has not been reached (whether the End Date of the auction has arrived or not).
* 2.5.3. The Bidder exceeds the Maximum Number of Bids per Bidder allowable for a particular MaxBid Auction.
2.6.
2.7. merseysidetoday.co.uk shall not be liable for any problems preventing the submission of bids for any reason, including but not limited to an overload of the telephone service centre and/or any kind of technical problems and/or because of war, or problems with the Internet.
3. Determination of Max Bid Auction Selected Bidders
3.1. The Bidder that places the highest Qualifying Unique Bid is determined the Selected Bidder/winner for that specific MaxBid Auction Item thereby acquiring the right to purchase the specific product/service for the Bid Amount of the Qualifying Unique Bid.
For example, for an Auction Item with 10 Bids as follows:
Bid 1: £497.12
Bid 2: £497.12
Bid 3: £496.22
Bid 4: £496.22
Bid 5: £496.22
Bid 6: £495.57
Bid 7: £495.57
Bid 8: £495.56
Bid 9: £466.33
Bid 10: £455.01
The Bidder that placed Bid 8 for £495.56 would be deemed the Selected Bidder/winner (provided that all the Qualifying Questions were answered correctly by this Bidder) because this Bid is the highest Unique Bid.
3.2. Should there be no Qualifying Unique Bid then the Selected Bidder will be determined by the highest Bid Amount with exactly two Bids where the Bidder who answered all the Qualifying Questions correctly and placed the Bid first.
Should there be no Bid Amount with exactly 2 Bids where either Bidder answered all the Qualifying Questions correctly then the process is repeated for the highest Bid Amount with exactly three Bids and so on until there is a Selected Bidder.
3.3. Should the Selected Bidder fail to pay for the product/service within 30 days of the close of the MaxBid Auction then the right to purchase the product/service at the Bid Amount will be forfeited and the bidder who was second in the specific auction would be notified and given the same option.
3.4. There may be a period of up to 72 working hours from when a MaxBid Auction closes until the auction results are announced. This period is to allow for the reconciliation of Bids and the auditing of results.
4. Administration and Handling Fee payments by Credit/Debit Card
4.1. The Bidder warrants that he/she is the owner of the credit/debit card and is authorised to make use of it for the purposes of participating in MaxBid Auctions.
4.2. merseysidetoday.co.uk uses one or more third party payment service providers for the acceptance of payments for MaxBid Auctions.(Paypal ) While merseysidetoday.co.uk has endeavoured to ensure that due care is exercised in handling credit/debit card information, including the use of Secure Sockets Layer (SSL) for the transmission of sensitive information over the Internet and industry standard encryption for the storage of sensitive information as well as password / firewall access controls to this information, merseysidetoday.co.uk will not be liable for any compromise or misuse of this information.
5. Refunding of Administration and Handling Fees
5.1. Provided a Selected Bidder/winner for a specific MaxBid Auction Item is determined as per clause (3), no credit of Administration and Handling Fees will be offered.
5.2. In the case where Mtoday offers a refund of Administration and Handling Fees as per clause (2.5), the refund will be actioned via Paypal.
5.3. If a refund is requested by a specific Bidder, merseysidetoday.co.uk will attempt to refund any credit balance by refunding the credit/debit card last used when paying an Administration and Handling Fee. If Mtoday is unsuccessful in effecting such a refund, then merseysidetoday.co.uk will email the affected Bidder (using the last email address they have provided to merseysidetoday.co.uk), requesting information required in order to process the refund.
6. Provision of Products/Services
6.1. The supply of the product and/or the service to the Selected Bidder is subject to payment in full of the Bid Amount of the successful Bid by the Selected Bidder.
6.2. Any transfer and/or delivery fees which are payable in addition to the successful Bid will be stated in the particulars of the relevant Max Bid Auction, and must be paid by the Selected Bidder.
6.3. It should be understood that merseysidetoday.co.uk is not the supplier of the products/services, and that the products/services may be supplied to Selected Bidders directly from the suppliers and/or the producers and/or the importers and/or the service providers, subject to the conditions stated in this Agreement.
6.4. Guarantees for products/services will only be provided as stated in the auction description for each specific Max Bid Auction (no mention of a guarantee will imply no specific guarantee). Your statutory rights are unaffected.
6.5. Except to the extent that is required by law, merseysidetoday.co.uk is not responsible for any kind of product/service including the quality of the product, and/or faults, and/or damages, and/or unsuitability of the products and/or the services.
7. Use of Information
7.1. Unless otherwise agreed by the Bidder, merseysidetoday.co.uk will not sell personal Bidder information to any third party, or use that information other than for the performance of this Agreement.
7.2. Bidders however understand that merseysidetoday.co.uk, in conjunction with the relevant supplier of a particular product/service on Max Bid Auction, may make use of their personal information to make a once off alternative offer relevant to the specific product/service on Max Bid Auction.
8. Disclosure of Bidding Information
8.1. While a MaxBid Auction is open, bid information for that specific MaxBid Auction will be kept secret by merseysidetoday.co.uk and will not be disclosed to any person under any circumstances.
8.2. Each Bidder acknowledges that, if he/she becomes the Selected Bidder as a result of a MaxBid Auction Item closing, merseysidetoday.co.uk will be permitted to publicise his/her name, surname and location, Bid Amount, and the product/service which was the subject of the relevant MaxBid Auction.
8.3. In addition merseysidetoday.co.uk may, at its discretion but is not obliged to, make the Bid Amount of each individual Bid publicly available after the close of an auction.
9. merseysidetoday.co.uk Liability
9.1. Reasonable control. merseysidetoday.co.uk shall not be liable for any failure to perform its obligations under this Agreement caused by matters beyond its reasonable control.
9.2. Excluded loss. merseysidetoday.co.uk will not be liable to any Bidder or Selected Bidder for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise).
9.3. Maximum liability. Without limiting the preceding clause, the liability of merseysidetoday.co.uk under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed the greater of (a) £50, or (b) an amount equal to the sums paid or payable by or to you in the MaxBid Auction to which such liability relates, regardless of the cause or form of action.
9.4. Non-excluded liabilities. Nothing in this Agreement limits merseysidetoday.co.uk liability for death or personal injury resulting from merseysidetoday.co.uk negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.
10. Governing Law
The laws of England and Wales govern these Terms and Conditions and each MaxBid Auction. merseysidetoday.co.uk and each Bidder submit to the non-exclusive jurisdiction of the courts of England and Wales in relation to any dispute arising out of or in connection with these Terms and Conditions or any Mtoday Auction.