Digiquick
Terms and Conditions
For the purpose of this disclaimer and Terms and conditions All conditions also apply to the Digiquick Internet Auction service known as Digibid - when using this service the user acknowledges that he or she have read understood and agree to the following terms and disclaimer
DISCLAIMER
Digiquick provides this web site not as professional advice but as guidelines for convenience only, upon the condition that the user, by receiving, reading and listening to the material contained on this web site, agrees not to act in reliance upon it without first satisfying himself/herself by independent enquiry or advice as to the correctness, accuracy, relevance, currency, reliability or otherwise of that material, including (without limitation) representations of fact, nature, quality and suitability. The user agrees that the user shall have, make or bring no action, suit, claim, demand or proceedings against Digiquick for damages, compensation, losses, costs, expenses, orders or any other legal or equitable remedy should any such material be found to be incorrect, inaccurate, erroneous, defective, deceptive or misleading, whether caused by the negligence of DigiQuick or any other cause whatsoever. This disclaimer also applies to material contained on other web sites connected by hypertext link to this web site.
Our Site acts as a venue to allow members to offer, sell, and buy just about anything, at anytime, from anywhere, We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items or content posted by users on the Site, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot ensure and do not guarantee that a buyer or seller will actually complete a transaction or act lawfully in using our Site. The products and services offered for sale by Digiquick are only available to individuals who can make legally binding contracts.
The products and services are not available to persons under the age of 18 years old and any other persons who are legally prohibited from entering into binding contracts. Any party engaging in illegal activities involving the use of this Web Site will be subject to civil and criminal prosecution. Digiquick cannot guarantee that it will notice or be able to prevent any illegal or inappropriate use of this Web Site, nor can Digiquick guarantee that it will give notice of any illegal or inappropriate use of this Web Site.
Links to other web sites
This site may contain links to Web Sites maintained by other companies and organisations. Digiquick does not make any representation as to the accuracy of information contained on those Web Sites and will not accept any responsibility for the accuracy, ownership or any other aspect of the information contained on those Web Sites. This Web Site may also contain third party advertisements (including banner ads and referral buttons) which contain embedded hyperlinks to Web Sites operated by third parties. All third party advertising is paid for by the relevant third party advertisers and the placement of third party advertisements on this Web Site does not constitute a recommendation or endorsement by Digiquick of the products or services advertised.
The third party advertiser is solely responsible to you for any representations or offers made by it and for the delivery of any goods or services you agree to purchase from any third party Web Site. Because we are not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, you release Digiquick (and our officers, directors, agents, affiliates, parents, subsidiaries and employees) from claims, demands and damages (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Information Control. We send you communications and notices regarding your transactions and your account on our Site.
Our communications do not represent any endorsement, guarantee or legitimization of your transactions. You are responsible for completing all transactions you participate in (including monitoring the status and complying with all relevant legal obligations). We do not control, endorse or approve the items, information or content provided by other users which is made available through our system. You may find other users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks with international trading and dealing with foreign nationals. If you are selling .
Your Information (including but not limited to any items listed) must not: be false, inaccurate or misleading; be fraudulent or involve the sale of counterfeit or stolen items; infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, criminal law, antidiscrimination or trade practices/fair trading laws); be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; be obscene or contain child pornography or, if otherwise adult in nature or harmful to persons under the age of 18 years, shall be distributed only to people legally permitted to receive such content or contain any content that may be considered to be prohibited or potentially prohibited content for the purposes of the Broadcasting Services Act 1992 (Cth) (for more information about this legislation, please refer to the Internet Industry Association's Codes of Practice located at <http://www.iia.net.au> or <http://www.aba.gov.au>); contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information; create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and link directly or indirectly to or include descriptions of goods or services that: are prohibited under this Agreement; are identical to other items you have up for auction but are priced lower than your item's reserve or minimum bid amount; are concurrently listed for sale on a web site other than Digiquick (this does not prevent linking to or advertising an Digiquick item from another web site)
Digiquick Auctions
All bidders and buyers that purchase any items or products from Digiquick Auctions., purchase said items, by the terms of this agreement; All buyers hereby release, waive, indemnify and covent not to sue or take any legal action against Digiquick., its officers, owners, shareholders, directors, agents, employees, lessors, representatives, co-sponsors, heirs, and successors, all for the purposes herein referred to as "seller, regarding any and all liability to the bidder, my personal representative, heirs, successors and assigns, for any and all lose or damage in any claim or demands on account of injury to the person or property, or resulting in the death or monetary loss to the bidder, whether caused by negligence or other wrongful act or omission of the releases or otherwise which may occur, directly or indirectly from the purchase or the use of the merchandise, vehicles, and/or electronic facilities of Digiquick..
The bidder, further expressly agrees that this release is intended to be as broad and inclusive as permitted by Federal law, , and if any portion is held invalid, it is agreed that the balance shall continue in full legal force and effect. The bidder also acknowledges that unless otherwise stated, all merchandise is purchased in either used, refurbished, or returned condition. Only new merchandise will be noted as such. Digiquick. guaranties, only that the merchandise is in operational condition, and is not intentionally misrepresented. Digiquick. reserves the right to terminate any bidders' accounts, and to make final decisions in regard to the return or exchange of merchandise. These Terms and Conditions constitute the entire terms and conditions with respect to the sale and purchase of items or products listed herein by bidders on Digibid. By registering, you are agreeing to be bound by the Terms and Conditions provided herein. Please do not register with a Digiquick if you are not in agreement with these Terms and Conditions. These Conditions shall be governed and interpreted by the laws of the State of NSW without regard to that state's conflicts of law principles.
Disclaimers and Conditions:
1. Digiquick., is the singular and only judge regarding determination of winning bidders. ., is the sole decision maker in the event of a dispute and accepts no liability for errors or omissions.
2. Digiquick ., reserves the right to postpone or cancel a sale, or cease providing a sale, without notice, should it in its sole discretion determine that such action is warranted. Digiquick., will not have any liability or obligation to the intended bidders as a result of any postponement, cancellation, or withdrawal by .Digiquick
3. Digiquick ., is not responsible for products that are out of stock or otherwise unavailable. All products or items are offered only for a restricted time and only for the available supply.
4. Digiquick., reserves the right to change quantities, replace/exchange merchandise, or extend auction closing times at our sole discretion. 5. Digiquick., cannot and will not be responsible for the accuracy of the descriptions used to identify the items and products offered. Nor will they accept any responsibility for, and expressly deny liability for any warranty or description stated herein. Statements noted herein by the manufacturer or individual seller are statements of their opinions of their products and are not to be construed as conjoined by . Digiquick in any implied or explicit approval, endorsement, or guarantee. Manufacturer rebates may apply to individual Digiquick products or items. . Digiquick is not responsible for any typographical, pictorial or technical errors or distortions.
5. Digiquick., is not responsible for failure to execute a bid, for errors relating to the execution of a bid, or for technical problems which hinder the efficacy of a bid. Digiquick., is not responsible for e-mail transmission times or delays. On all issues relevant to technical parameters, the technical determinations of Digiquick. supplied computers will prevail over all others.
7. Digiquick., reserves the right to reject or cancel bids that we feel have not been made according to our Rules, Terms and Conditions, or which are prohibited by state or local laws. If your bid is a winner, you have made a purchase and your purchase is payable on demand in Australian currency through your credit card. A bidder's credit card can be charged upon winning a bid.
If for any reason a credit card charge is DECLINED or gives an UNAUTHORIZED TRANSACTION by the bank, then the winning bidder will be charged an additional $25.00 processing fee added to the normal fees of the bids and shipping and handling fees.) . Digiquick charges shipping and handling costs and all applicable state sales taxes, and these will be added to the cost of each order. If for any reason the winning bidder is unable to purchase the item due to valid exceptions, Digiquick. will contact the next highest eligible bidder. Bids will not be accepted except by those that have entered a valid credit card in their registration.
8. Bids do not transfer to other auctions for similar products. You only bid for the item or product noted on the bid Page. If you see the same product being offered in another auction, you need to bid for that product or item separately.
9. Bids cannot be canceled unless Digiquick agrees it is a crime to use a false name or a known invalid credit card to make a bid on any item. Willfully entering an erroneous of fictitious bid is illegal and offenders will be prosecuted. Each electronic entry carries the computer coding of the Internet provider through which the individual user can be traced. If you wish to cancel a bid there is a fee of $25 - this covers admin fee's and the auction is immediately cancelled.
10. Bids are firm when entered and can be increased (price and/or volume) but not withdrawn unless the bidder has the permission of Dig quick. A fee applies for any cancelled bids. Bidding at the auction has the same effect at law as entering into a firm purchase order and contract.
11. ,Digiquick reserves the right, in its sole discretion and without limitation, to a) amend its rules, policies, procedures and/or Terms and Conditions without prior notice; b) delay application processing or participation in Digiquick auctions ; and c) to refuse and/or reject any "Bid Alias" selection or bidder comment ( intended for display in Digiquick) that Digiquick considers offensive or not in the best interests of Digiquick
12. Should any dispute arise related to any of these Terms and Conditions, the prevailing party shall be entitled to reasonable attorney's fees and costs, and any litigation is restricted to NSW.
13. Many items are entered directly by individual sellers without intervention or editing by Digiquick. . Digiquick is not responsible for any such items entered by sellers in either content, condition or any other entered information.
14. Many items are entered with a RESERVE PRICE, or a minimum price that the item will sell for, Digiquick., makes every effort to notify bidders when the reserve price has not been met on an item, but we hold no responsibility for such notification to bidders.
15. When items have not met the reserve price by bids, or no bids have been received on such items, such items may be extended in closing times without notification to bidders who have made bids on such items.
16. Additional information on items may or may not be available through the site. We normally will try to provide information if requested by e-mail if it is at all possible, but we hold no responsibility to do such.
17. Items entered by individuals directly may be cancelled or deleted at their discretion. .Digiquick, takes no responsibility for such cancellations or deletions.
18. When an item has a reserve price set on it, and there are bids on the item but the reserve price has not been met, the item will be automatically extended in closing time so that present bidders may up their bids to meet the reserve price. The system should e-mail present bidders that they have not met the reserve price, but Digiquick., takes no responsibility for such notifications. No Warranty. WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Furthermore we do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Site may be interfered with by numerous factors outside our control. Liability Limit. IN NO EVENT SHALL WE, OUR AFFILIATES AND RELATED ENTITIES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). YOU AGREE TO ACCEPT SOLE RESPONSIBILITY FOR THE LEGALITY OF YOUR ACTIONS UNDER THE LAWS WHICH APPLY TO YOU. YOU AGREE THAT DIGIQUICK AND ALL AFFILIATES AND RELATED ENTITIES OF DIGIQUICK HAVE NO RESPONSIBILITY FOR THE LEGALITY OF OUR MEMBERS' ACTIONS. TO THE EXTENT PERMITTED BY LAW, OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF: A. THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; AND B. AUD$100. Indemnity. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable solicitors' fees, made by any third party due to or arising out of your breach of this Agreement or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party. Legal Compliance. You shall comply with all applicable domestic (including common law) and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. Specifically, you must ensure that your activities, items you list, and Your Information you post on our Site do not violate the Broadcasting Services Act 1992 (Cth), the Trade Practices Act 1974 (Cth) and other relevant state-based fair trading legislation. For more information about this legislation and other legislation which may apply to you, please refer to <http://www.austlii.edu.au> Notwithstanding the successful conclusion of a transaction on our Site, you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful (eg. the sale of interests in real property ordinarily requires a written document to be created).
YOU ALONE, AND NOT DIGIQUICK, ARE RESPONSIBLE FOR CONFIRMING THAT YOUR ACTIVITIES ARE LAWFUL. YOU MUST ENSURE THAT YOU COMPLY WITH ALL APPLICABLE LAWS. YOU MUST ALSO ENSURE THAT YOU COMPLY WITH ALL CLAUSES OF THIS USER AGREEMENT AND THE PRIVACY POLICY, AND ALL OTHER TERMS AND POLICIES INCORPORATED BY REFERENCE IN THOSE DOCUMENTS.
General. This Agreement shall be governed in all respects by the laws of the State of New South Wales, Australia. All members of this Site irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Digiquick, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that this Agreement may not be construed adversely against us solely because we prepared it.
Protect your online accounts
Exercise caution when receiving communications from outside the Digiquick community. Select a secure password that is a combination of letters and numbers to protect your account information - never choose an obvious word such as 'password', your email address, your name, your family's names or birth dates If you receive a request to update your personal information and you do not feel comfortable about the source of the email, do not click on links in the email Map. Watch out for "spoof" emails. A spoof email may appear as though it has come from a trusted company (including Digiquick) - if in doubt, do not click on links from emails. Exercise caution if an email requests personal information such as credit card details or passwords. In the same way that you never tell anyone, even the bank teller, your PIN number, you should always protect your private information, including passwords. Regularly check your account and preferences to make sure there is no unauthorised activity. No Price Manipulation. Sellers may not manipulate the price of their item, either by using a shill (a secondary account or third party) or by bidding themselves. System Integrity. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Digiquick site or any auction being conducted on our site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose. Bidding and Buying. If you bid on an item and your bid is accepted by the seller, you are obligated to complete the transaction. Bids are not retractable except in exceptional circumstances such as the seller materially changing the description of the item after your bid or clear typographical errors. You may not bid in a way that pulls other bidders to their maximum bid, retract the high bid, and then rebid at a small increment above the legitimate high bidder. Listing and Selling. Listings are text descriptions, graphics and pictures on Digiquick's web site supplied by you of either (a) the text describing the item you are listing for auction or (b) links to the text, graphics and picture(s) describing the item you are listing for auction. You may post on Digiquicks site either or both of these listing types, provided that you place such listings in their appropriate category, as Digiquick may require. If you receive one or more bids at or above your stated minimum or reserve price, then you are obligated to complete the transaction. You may not email bidders in a currently open auction being run by a different seller, offering similar or the same item at price levels below the current bid (bid siphoning), nor may you use an alias to place bids to make your auction a hot auction.
Digiquick Drop Shop Buying through a Digibid Drop Shop on eBay
Buyers bidding on ebay for Digi Drop Shop Items are subject to eBay rules and conditions and must be a registered eBay user Buyers pay no additional charges to purchase items from the Digi Drop Shop. Should a buyer pay for an item using either Paypall or Paymate the buyers fee charged by these companies will be passed on Details of delivery options are published on all DigiBid items - Some of our suppliers will pay for delivery and package - however in the majority of cases a delivery and packing charge is levied. This will be indicated. Payment is not made to suppliers for two weeks after the goods have been dispatched to you - thus if a buyer has any concerns there is a two week cooling off period where disputes can be settled before the supplier is paid. After two weeks refunds will not be given It is strongly advised that purchasers insure or request recorded delivery on higher priced items. Digiquick can take no responsibility for goods damaged in the post or that go missing in delivery. Purchasers can arrange to collect items directly from Digiquick and pay cash
Returns
Digiquick will accept a return only if the product is defective and we are informed of the defect within 10 days of the purchase. Customers are advised to insure the return merchandise for their full retail value since Digiquick nor the carrier would be responsible for any damage or loss in transit. All returns must be prepaid. All refused items will incur shipping charges. Customers are responsible for all shipping charges on returns. Shipping and handling charges are not refundable. Purchasing from Digiquick Online Once you order an item Digiquick you enter into a contract to purchase this item. Digiquick has to import most items when ordered and has to pay import duties and carriage. If you change your mind after making your order Digiquick is unable to refund payments - Digiquick will however list the item for sale and on the sale of the ordered item will refund less any costs involved in reselling. Digiquick gives no delivery guarantees - items have to be ordered from overseas and as such are at the mercy of the postal system. We endevour to deliver within 7 days, this however is not guaranteed