BidAway.com is an online platform managed by BIDAWAY INTERNATIONAL INC. (a company having its registered office at 333 Bush Street, Suite 2020. San Francisco, CA 94104, United States of America) that offers Experiences provided by Partners from time to time. BidAway.com plays as an intermediary between sports and show business celebrities and the Registered Users in order to raise funds to be allocated to charities or social projects.
1. General conditions and definitions
The fundraising is made by awarding Experiences through auctions, direct sales or sweepstakes. By winning the auction or the sweepstake or by buying via direct sales, the Registered User automatically enters into a contract with the Partner, whose conditions to enjoy the Experience are unconditionally accepted, and is bound to pay the amount offered. The visit of the site is free but only Registered Users who have previously read and accepted the present Conditions can participate through BidAway.com.
1.1. These Conditions shall govern all relationships between BIDAWAY INTERNATIONAL INC. and the Registered Users who have previously read and accepted all the terms and conditions of the supply of service.
1.2. In these Conditions the following definitions shall apply (all definitions are to be intended either in the singular and the plural):
1.2.1. "BidAway.com": is the website that supplies online auctions, Sweepstakes and Direct Sales services managed by BIDAWAY INTERNATIONAL INC.
1.2.2. "User": any person not registered as a user of BidAway.com."
1.2.3. "Registered User": any person registered as a user of BidAway.com who can participate in the auctions or sweepstakes in order to win the advertised Experience or buy via Direct Sales.
1.2.4. "Partners": companies that offer their services to the public on the platform BidAway.com or other sites operated by BIDAWAY INTERNATIONAL INC.
1.2.6. “Experience": the Experience offered by the celebrities, which are awarded by means of auctions or sweepstakes in order to raise funds to be allocated to charities or social projects.
1.3. BIDAWAY INTERNATIONAL INC. reserves the right to modify these terms and conditions at any time. Such modifications will be considered automatically accepted by Registered Users by simply using the platform.
1.4. BIDAWAY INTERNATIONAL INC. reserves the right to reject or cancel an Experience, without any expression of cause and without generating any right in favor of the Registered User to make claim for damages or other compensation of any kind, other than the reimbursement of the sum paid.
1.5. Users are aware that BIDAWAY INTERNATIONAL INC. cannot prevent the use of BidAway.com by people who are under 18 years of age. Therefore, BIDAWAY INTERNATIONAL INC. and its subsidiaries are relieved of any responsibility in this regard: parents and people who have parental responsibility will be the solely responsible for controlling the navigation on BidAway.com by underage people and they have to take any measure necessary to prevent underage participation in auctions, or sweepstakes or Direct Sales.
2. Sign up and login
2.1. Participation in the available auctions, sweepstakes or direct sales is permitted only to Registered Users who, by registering, declare under their responsibility to be at least 18 years old and to have legal capacity to act.
2.2. If a Registered User does not comply with these conditions, he can be unilaterally banned (temporarily or permanently) from the use of BidAway.com services, at BIDAWAY INTERNATIONAL INC. exclusive and undisputable discretion.
2.3. At the time of registration Registered Users must provide their name, email address and any other information required truthfully and in a complete and thorough manner. Registered Users are required to inform without delay BIDAWAY INTERNATIONAL INC. of any modification of these data. Registered Users are solely responsible for any damage caused by the inaccuracy or incompleteness of the data provided.
2.4. Registering to BidAway.com and visiting the pages of the Experiences is free. Registration allows Registered Users to use the auction and sweepstakes and Direct Sales services supplied by BidAway.com. Registration is properly made from the moment the procedure is completed.
2.5. BIDAWAY INTERNATIONAL INC., in its sole discretion and without need to express any cause, may refuse and/or cancel any registration at BidAway.com.
2.6. The login credentials (e-mail address and password) are for the personal use of Registered Users and for the sole use at BidAway.com. Registered Users must keep these data confidential. If Registered Users become aware of any unauthorized access or if they suspect an abusive appropriation of their credentials, they must immediately inform BIDAWAY INTERNATIONAL INC. Registered Users who fail to comply with the reporting obligations of the abuses are responsible for any unauthorized use of their login credentials. When a notification of abuse occurs timely, BIDAWAY INTERNATIONAL INC. activates the password change and the temporary suspension of the account, releasing the Registered Users from any responsibility for the misuse of credentials of BidAway.com.
3. Privacy and Newsletters
3.1. By registering at BidAway.com, Registered Users give their consent to the treatment of their personal data by BIDAWAY INTERNATIONAL INC. or other entities on its behalf to validate and certificate its own privacy principles.
3.2. BIDAWAY INTERNATIONAL INC. treats customer personal data in accordance with applicable laws.
3.3. BIDAWAY INTERNATIONAL INC. cannot sell or give to other entities the Registered Users’ personal data without obtaining their prior explicit consent.
3.4. The personal data can be modified or updated in any moment by entering the account.
3.5. On the pages of the Experiences may appear, at BIDAWAY INTERNATIONAL INC.’s discretion, advertising or promotional campaigns of other entities (companies or private persons) or of other services provided by BidAway.com or further companies of the BIDAWAY INTERNATIONAL INC. and its affiliates.
3.6. Registered Users can subscribe to the BidAway.com Newsletter. They can cancel the subscription at any time, either through the “Settings” panel on the site BidAway.com or through the corresponding option in every Newsletter. By accepting to receive the Newsletter, Registered Users agree to receive updates on the latest auctions, sweepstakes or direct sales, on the brand-new Experiences and on the new services performed by the platform BidAway.com.
4. Auction, bid, participation and contract
4.1. The information about the Experiences is not binding until the start of the auctions, the sweepstakes or the Direct Sales and can be amended by BIDAWAY INTERNATIONAL INC. until the opening of the campaign. Only after the start of the campaign, the advertised information compels the Partners to deliver the advertised services, with the exception of that exposed in section 1.4 of present Conditions.
4.2. Unless otherwise stated, the Experiences are considered as a unit and the price is referred to this singular unit.
4.3. For each auction it is set a starting price, depending on what will be auctioned, and the minimum amount of each bid. All the offers consist in round numbers, with no decimal places.
4.4. The ending date for making the offers is shown on the corresponding page, in the clock near the offer.
4.5. By participating, Registered Users accept a contract proposal for the advertised service. With the awarding of the campaign, the contract is executed between the Partner and the awarded Registered User.
4.6. When using the platform, Registered User agrees to accept the additional commitments specified on the websites of BidAway.com and the Partners’.
4.7. The Registered Users cannot in any way seek to disturb or manipulate the bidding and awarding system. The use of methods and/or means designed to interfere with the BidAway.com proper functionality is inadmissible and authorizes BIDAWAY INTERNATIONAL INC. to take all the measures that at its discretion may deem appropriate for the purpose.
4.8. The offers are binding, irrevocable, non-refundable and non-changeable. The awarded Registered Users, therefore, are required to fulfill all the obligations under the contract.
4.9. The winners of each Experience will receive an immediate e-mail confirmation from BidAway.com containing the details of the product or service purchased.
4.10. During the course of the auction, the site BidAway.com displays the last bids made, specifying the name of the Registered User, the date and the bid amount.
4.11. BIDAWAY INTERNATIONAL INC., reserves the right to close the auction or the sweepstakes in advance if there are any suspicions that a Registered User manipulated the bidding or participation and awarding systems, as defined in section 4.7 of these Conditions. In these cases, the Experience will not be awarded.
4.12. In case the amount of the bid is higher than € 1,000, BIDAWAY INTERNATIONAL INC. may request an advance payment of € 0,01 to the credit/debit card account indicated by the Registered User. This procedure is for the purpose to verify the Registered User’s card number.
4.13. The Experiences that the Registered User has been awarded by the BidAway.com platform are personal. Any act of private disposition is forbidden. Any violation of these provisions authorizes BIDAWAY INTERNATIONAL INC. to immediately suspend the access to infringers. The change of the names of Registered Users is subject to prior agreement of the Partners.
4.14. BIDAWAY INTERNATIONAL INC. may conduct a background and criminal records check to confirm any potential winner's eligibility. By entering an auction, a sweepstake or a direct sale, the Registered User agrees to cooperate reasonably with any check. Failure to cooperate may result in disqualification and selection of an alternative winner. If the prize includes the opportunity to meet a celebrity, attend a special event, or participate in any similar activity, or if BIDAWAY INTERNATIONAL INC. intends to publicize the winner in any way, and the check reveals that a potential winner (or guest) implemented in the past conducts that could damage the reputation or business of BIDAWAY INTERNATIONAL INC., as determined by BIDAWAY INTERNATIONAL INC. in its sole discretion, the potential winner may be disqualified and the auction may be canceled.
5.1. Registered Users may donate in favor of the charities or the social projects to whom the Experiences are headed without participating in any auction or sweepstake.
6 Purchase price, expiration date, payment
6.1. All prices include VAT. Upon execution of the contract, additional administrative costs may be eventually added. Anyway, a detail of such costs will be previously portrayed to Users in the description of the Experience. In any case, the price includes only the services expressly mentioned as included. Depending on the products you receive, your country’s customs agency may determine you owe a duty or tax. Nearly every shipment that crosses an international border is subject to the assessment of duties and taxes. Each country determines the assessment of duties and taxes differently. If requested, duties or taxes should be paid by the User.
6.2. The awarded Registered User, after receiving the confirmation e-mail, shall pay the agreed price within the following 48 hours. Until the payment is made, the Registered User will not be allowed to participate in auctions or sweepstakes on BidAway.com.
6.3. Payment is made via a secure method. The winners of the auctions can choose among different payment methods specified on BidAway.com, such as credit cards (Visa, Visa Electron, MasterCard, Maestro) or PayPal.
6.4. Registered Users who do not fulfill their obligation of timely payment for reasons not related to BidAway.com are required to pay the entire amount due plus a penalty corresponding to the 15% of the amount due for the Experience.
7. Time for the provision of the service
7.1 The Experiences can be organized for a fixed date (for example, a particular event like a concert) or for flexible dates. In the second case, the dates will be chosen by the Registered User among those provided by Partners. After the successful payment, the Registered Users will receive a reference number of the booking by email. The code will also be available in the Registered User’s personal section on BidAway.com.
8. Obligations of BidAway
8.1. BIDAWAY INTERNATIONAL INC. will: ensure the fair and impartial conduct of auctions, sweepstakes and Direct Sales; remove any activity of the Registered Users that may be classified as incorrect or offensive and aimed to destabilize the system; constantly keep the advertised Experiences updated on the site; not disclose confidential information supplied by the Registered Users, in compliance with the national applicable law on privacy; communicate to Users any modification of these Conditions.
Any unforeseen system error or unpredictable technical malfunction not attributable no BIDAWAY INTERNATIONAL INC. is possible, and the company does not assume any responsibility about them.
9. Obligations of Registered Users
9.1. The use of BidAway.com and its services strictly prohibits: the use of the site or its services to those without the possibility to act and/or stipulate legally binding contracts as well as for underage, banned or (temporary o permanently) suspended Registered Users; manipulate prices; eluding or manipulating the fee structure, the billing process, or the fees owed; publishing any false, inaccurate, misleading, defamatory or libelous information (including personal information); taking action to destabilize the system; transferring Registered User’s credentials to others without the consent of BIDAWAY INTERNATIONAL INC.; using or publishing spam, spread viruses or any other technologies aimed at damaging BIDAWAY INTERNATIONAL INC., BidAway.com or its Users; copying, modifying or disclosing the contents of BidAway.com, the intellectual property rights and trademarks of BIDAWAY INTERNATIONAL INC; copying manually or automatically or in any way Registered Users’ information, including email addresses, without their consent.
10. Breach of the conditions
10.1. BIDAWAY INTERNATIONAL INC. and its representatives reserve the right to monitor the compliance with the present Conditions. Any violation will be notified to the offender and authorizes BIDAWAY INTERNATIONAL INC. to suspend the perpetrator.
10.2. Banned or suspended Registered Users are prevented from doing any activity on the site BidAway.com. In case of serious or repeated violations, administrators of BidAway.com can delete the profile of the offender, who will not have access to the services again without the expressed authorization of BIDAWAY INTERNATIONAL INC.
11. APPLICABLE LAW AND JURISDICTION.
The present contract is governed by the United States applicable laws and all the disputes must be submitted to the exclusive jurisdiction of the Civil Court of San Francisco, CA.
Unless otherwise specified, legal notices will be sent to the registered office of BIDAWAY INTERNATIONAL INC., as indicated on the site, and to the address provided to Users during the registration process. BIDAWAY INTERNATIONAL INC. will send any legal notice to the e-mail address provided by Users during the registration process.