- ACCEPTANCE OF TERMS
- MEMBER ACCOUNT, PASSWORD AND SECURITY
If you complete the Service’s registration process, you will receive a username and password linked to your account with EZZYBID. You are responsible for maintaining the confidentiality of the username and password, and are fully responsible for all activities that occur under your username, password, or on your account. Please note the following:
- You may sign up as a Member at Ezzybid only if you are at least 18 years of age.
- It is the sole responsibility of the Member to ascertain, confirm and research vehicle suitability for repairs, availability of its spare parts on the local market prior to bidding on vehicles.
- All Members agree that Ezzybid vehicles are sold AS IS and WHERE IS and are not represented as being in a road worthy condition, mechanically sound, or maintained at any guaranteed level of quality. The vehicles may not be fit for use as a means of transportation and may require substantial repairs and expense.
In addition, all members agree to;
- immediately notify EZZYBID of any unauthorized use of your username and password or account or any other breach of security, and
- ensure that you exit from your account at the end of each session.
EZZYBID cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
- MODIFICATIONS TO SERVICE
EZZYBID reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that EZZYBID shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that EZZYBID, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use, or if EZZYBID believes that you have violated or acted inconsistently with the letter or spirit of the TOS. You acknowledge and agree that EZZYBID may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that EZZYBID shall not be liable to you or any third-party for any termination of your access to the Service.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS”,” WHERE IS”AND “AS AVAILABLE” BASIS. EZZYBID EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EZZYBID MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS.
- THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
- ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.
- Registration Laws Disclaimer: Ezzybid does not guarantee that any vehicle sold can be legally registered within Ghana or any country and Member accepts all risks associated with variations in vehicle title and registration laws within Ghana and countries that may negatively impact the marketability of vehicles purchased through Ezzybid.
- OPERATIONAL STATUS OF EZZYBID
- Ezzybid is not an Auctioneer. We are commonly referred to as an online auction web site, but it is important to understand that we are not a traditional “auctioneer.” WE DO NOT OPERATE LIKE EBAY or similar online auction web sites. We are merely a venue that allows people to make bid offers, on currently running automobile Insurance auctions, before our in house specified offer submission deadline expires. Upon expiration of the designated offer submission deadline, the individual who made the highest offer through the Site is then notified by Ezzybid. Since all insurance auctions are closed to the general public and only licensed auto representatives can bid at these auctions, Ezzybid will present your bid offer at the insurance auction on your behalf. Please note that although you may have the highest bid offer on the Ezzybid Site, your bid offer may be exceeded at the insurance auction and thereby you will not acquire the vehicle.
- By opting for this business model, Ezzybid can and does allow people to offer to buy just about any type of automobile regardless of its location within Ghana, in an auction-style format most commonly referred to as “online auctions” or “auctions.” Unlike traditional auction houses, we are not involved in the actual transaction between buyers and sellers.
- Control of products offered. As a result of our status as a venue, we have no control over the quality, condition, safety or legality of the items advertised on the Ezzybid Site, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot guarantee that a buyer or seller will actually complete a transaction.
- Because we are a venue and not an auctioneer, in the event that you have a dispute with one or more third parties, you hereby release Ezzybid (and our officers, directors, agents, subsidiaries, partners, joint ventures and employees) from claims, demands and damages (actual 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 have no control of the information provided by other third parties that is made available to you through our system. As a result, you may find other user’s information to be inaccurate. Furthermore, with respect to third party representations concerning documentation such as Drivers Vehicle and Licensing Authority Titles, registrations, VIN/Chassis numbers or dealer ‘certifications’ or ‘warranties’. Ezzybid does not guarantee the accuracy or availability of third party documentation. By actively navigating this Site, you agree to accept such risks and Ezzybid is not responsible for the acts or omissions of users on the Site.
- OFFERS, BIDDING AND BUYING
- Obligations. As a buyer, you are obligated to complete the transaction with the seller: 1. if you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and your offer is accepted by the seller at the insurance auction.
- Bid Offer. By entering a bid offer on an item you agree to be bound by the conditions of sale included in the item’s description unless these conditions of sale are in violation of this Agreement or unlawful. In the event that you are the highest bid offer and do not remit payment with 5 working days Ezzybid has the exclusive right to cancel your offer bid and pursue you for the amount, related legal costs and fees associated with the collection, in addition to any other legal remedies Ezzybid may elect to exercise. Additional fees may be assessed to cover costs and administrative expenses associated with your default. Ezzybid also has the right to terminate or cancel your membership registration.
- Offers are final and not retractable except in exceptional circumstances, such as:
when the seller materially changes the item’s description after you place your offer;
or a clear typographical error is made;
- Fraud. Without limiting any other remedies, Ezzybid reserves the right to suspend or terminate your account, without notice to you, if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site. In addition, Ezzybid will report all online fraud to local authorities for prosecution.
- Manipulation. Neither you, bidders, nor third parties may manipulate the price of any item nor may you interfere with other user’s listings or transactions.
- SALE POLICIES
- Bid Rejection. Ezzybid reserves the right to reject or void bids for any reason, in Ezzybid’s sole and absolute discretion. Should a dispute arise regarding a bid, Ezzybid is the exclusive deciding authority with sole and absolute discretion in resolving disputes. Members agree to indemnify, defend, and hold Ezzybid harmless from any and all liability arising out of decisions made in resolving disputes.
- Sale Cancellation. Ezzybid may, in its sole and absolute discretion and with or without notice, postpone or cancel a sale or withdraw a vehicle from a sale. Ezzybid will neither have liability nor obligation to Members as a result of any vehicle withdrawal, or sale cancellation or postponement.
- Tie Bid Policy. When there is a tie, Ezzybid has the sole and absolute discretion to decide who the winner is.
- Proxy Bidding Feature. Ezzybid uses Proxy Bidding Feature to make the bidding process easier and more efficient. Simply enter your maximum Bid representing the maximum price you are willing to pay for the vehicle and Proxy Bidding will bid on your behalf up to your maximum bid. Proxy bidding will only bid one increment over the current bid to maintain your position as the highest bidder. This allows you the possibility of purchasing a vehicle below your maximum bid. If a bidder with a higher maximum bid outbids you during Bidding, you will be notified via email and SMS message.
Ezzybid will notify Members whether a bid has been accepted by the Seller within 48 hours after the listed bidding period ends. Members may also obtain this information by clicking on the “my bidding history on the website.
- YOUR INFORMATION
- Definition. “Your Information” is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area or through any e-mail feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
- Restricted Activities. Your Information and your activities on the Site shall 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 law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising);
- be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
- be obscene;
- contain any viruses, spyware, Trojan horses, worms, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- create liability for Ezzybid 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 Ezzybid’s (this does not prevent linking to or advertising an Ezzybid item from another Web site); or
- you do not have a right to link to or include.
- NO AGENCY
You and Ezzybid are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Ezzybid limited, P. O. Box GP 1595, Accra, Ghana, West Africa (in the case of Ezzybid) or to the e-mail address you provide to Ezzybid during the registration process (in your case). Notice shall be deemed given twenty four (24) hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Ezzybid during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
- LIMITED RIGHT TO USE
The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
- EDITING, DELETING AND MODIFICATION.
Ezzybid reserves the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
You agree to indemnify, defend and hold Ezzybid, our partners, sponsors, funders, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees, related to your violation of this Agreement or use of the Site.
Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.
- THIRD-PARTY SERVICES.
We may in the future allow access to or advertise third-party merchant sites (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
- LINKS TO OTHER WEB SITES.
The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
- RESOLUTION OF DISPUTES
- General. In the event a dispute arises between you and Ezzybid, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Ezzybid agree that any claim or controversy at law or equity that arises out of this Agreement or our services (“Claims”) shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
- Binding Arbitration. For any Claim you or Ezzybid may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by an arbitrator mutually agreed between by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
- Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Ghana. You and Ezzybid agree to submit to the personal jurisdiction of the courts located within Ghana.
- Mediation. Alternatively, Ezzybid will consider use of other alternative forms of dispute resolution, such as mediation to be held in Accra or another location mutually agreed upon by the parties.
This Agreement shall be governed in all respects by the laws of the Republic of Ghana as such laws are applied to agreements entered into and to be performed entirely within Ghana. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Ezzybid in accordance with our “Notices”, in our sole discretion, 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. In the event of any action, mediation, litigation, arbitration, suit or proceeding arising from or under the terms, provisions or conditions of the agreement, the prevailing party shall be entitled to recover attorneys’ fees and costs of suit or other proceeding. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.