1.1. ISG CHARITY BIDS (www.ISGcharitybids.com - hereinafter referred to as “www.ISGcharitybids.com”), is sponsored by ISGbids Group, Inc., (collectively and hereinafter www.ISGcharitybids.com and ISGbids Group, Inc. will be referred to as, and shall mean, "ISGcharitybids.com"), an organization that helps raise money for recognized, IRS 501(c)(3) Tax Exempt Charitable and Religious Organizations for their needs, missions and other projects, through the Penny Auction method. Penny Auctions are a fun way of online entertainment while donating money for a good cause.
1.2. The following terms and conditions are the "Membership Rules" for participating in the penny auction bidding process and winning a bid or bids. These Membership Rules, Terms and Conditions shall apply to the business relationship between www.isgcharitybids.com, ISGbids Group, Inc., and our Members (you, as a registered Member user - hereinafter referred to you as "Member" or Members"). By registering and/or using this website you, the Member, recognize and agree to be bound and abide by all the following Member Rules, Terms and Conditions terms and conditions below (hereinafter shall mean and be referred to as Member Rules". These Member Rules constitute the entire agreement between www.isgcharitybids.com, ISGbids Group, Inc., and you, the Member and further constitutes the complete agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous agreements, understandings, representations, discussions, proposals, literature, and the like, written or oral.
2.1. Definitions - The following words shall have the following meanings:
2.2. “Terms and Conditions”, “Policy” or “Policies”, “Regulations”, “Procedures”, “Rules” and “Member Rules” shall mean the same and shall mean the "Member Rules, Terms and Conditions” ("terms and conditions") relating to how the penny auctions operate and the obligations that ISGcharitybids.com and the Member User (or Bidder) have to one another. The Terms and conditions listed and explained below are the policies, procedures, regulations and obligations of the Member and www.ISGcharitybids.com of all Penny Auctions offered by www.ISGcharitybids.com and ISGbids Group, Inc.
2.3. "User" means the "Member" and/or “Bidder”. Each “Bidder” is a Member of www.ISGcharitybids.com.
2.4. "You" shall refer to and mean, you, the Member.
2.5. “Auction” and “Penny Auction” when discussed below shall mean one and the same.
2.6. "Auction Ended Without A Winner" means that a penny auction had ended by the timer ending at zero or for some other reason and there was no winning bid.
2.7. “By Invitation” shall mean a person who has received an e-mail Invitation from ISGcharitybids.com, inviting them to participate in a Penny Auction. “By Invitation” is different than a regular or general sign-up for a Penny Auction. "By Invitation" shall mean and be applied to any penny auction which will be a private penny auction not open or available to people who were not invited.
2.8. "Bidder” shall mean a person who is a Member User of the www.isgcharitybids.com and timely logs-in to an auction before it has started or before ten (10) minutes after it has started and participated in the bidding process.
2.9. "Bid Pack” or "Bid Package" shall mean the same and is the amount of money to buy bid credits you need purchase to put on your account to pay to place each bid you make. Each time you place (make) a bid, the amount of the bid is immediately and automatically deducted from you bid pack account.
2.10. "Product” and "item" shall mean the same.
2.11. "Auction Not Completed" shall refer to and mean any penny auction, for whatever reason, does not meet the "reserve price" or "published price", but lists a Member as a winner, or the timer times-out with no one winning, or an unintentional interruption of the bidding in process, or where there occurs and is determined by ISGcharitybids.com to be an invalid or incomplete auction.
2.12. "Agreement" and "contract" shall refer to and mean this Agreement.
2.13. "Auto Bidding" shall mean the use of a specialized computer program / software to attend the penny auction bidding automatically in the absence of the actual Member.
2.14. "Cancellation" and / or "Termination" shall mean and refer to that www.isgcharitybids.com and ISGbids Group, Inc., have the right to cancel and / or terminate any penny auction that they deem to be under-performing.
2.15. Understanding The Numbers and Their Labels & Buying the Item - The Labels and Dollar Amounts On The Product Auction Page::
(a) This is a critical part of the penny auction. This is an explanation of the below labels and prices, and the savings realized if you are are successful with a winning bid:.
(b) You understand and agree that you cannot purchase the item directly at our Reserve Price - you have to win the bid at that Reserve Price. You must participate in the penny auction and let the bidding process complete to get the price up to the Reserve Price.
(i) "Your Savings:" (this is the title describing the below of how much you would save if you win the bid versus what you would pay at another retail location or online (average price / market value) of the item);
(ii) "Retail Price:" (THIS IMPORTANT: Where there is a number in the "Discount", then this "Retail Price" is the average street / online price if you were to purchase the item through a street location store or online retail business store. However, if there is a Retail Price listed and there is no Discount listed, then the Retail Price becomes the Reserve Price);
(iii) "Reserve Price"; (this is the amount that needs to be reached in the bidding process. This is the magic number when the penny auction price reaches this number "BUY NOW" button pops-up or becomes active for the first person to hit the "BUY NOW" button to win the auction bid. You can view it on the Auction Page or on the "Items Coming Up For Auction" page.).;
(iv) "Shipping fees:" (the cost of shipping the item to you);
(v) "Savings:" (shows how much you can save on the Retail price);
2.16. (a) General (24 hours or more); (b) Limited Power (70 to 20 hours); and (3) Power (3 hours or less)
3. REGISTERING, BUYING BID PACKS, BIDDING, PAYMENT PROCEDURE,
AND AUCTIONS NOT COMPLETED
3.1 Registering is simple. Click on the link at top right of page above the log in text boxes, and register to become a Member.
3.2. After completing the registration process, before you bid on an item, you will first have to buy a "Bid Package". You may purchase and pay for Bid Packages through PayPal or directly through the Debit Card payment side (non-PayPal payment) by a Bank Debit Card with a Visa or MasterCard logo.
3.3. To buy a Bid Package, you first you log onto your account in the www.isgcharitybids.com website, then go to the link at the top of the page on the navigation bar that says "Buy Bids", and follow the instructions. Buy any amount of the bid credits you want. After you purchase a bid pack, you are now ready to participate in an auction and bid.
3.4. In an auction, during the bidding process, when the you have used up all of your bid credits you will not be able to continue bidding until you purchase more bid packs. You will be able to purchase Bid Packages during penny auction process (while the auction is on - just following the instructions in paragraph 3.2 above).
3.5. If you are a successful bidder and win the bid, www.isgcharitybids.com send you an e-mail and instruct you by e-mail on the procedure for paying for the product and any outstanding balances and costs, for shipping or pick-up instructions.
3.6. Once you win the bid you will have twelve (12) hours in which to pay the required down payment, and seven (7) days in which to pay for the product in-full.
3.7. In the event you are successful in winning a bid, should you fail to complete the purchase and pay for the item in-full for any reason whatsoever within this seven (7) day period, any and all money paid for bids and the down payment of the item shall be forfeited by you, the Member User, and the winning bid will go to the next bidder in-line after they have paid for the product.
3.8. The purchase of Bid Packs is made through PayPal or by Debit Card through the link on this website.
4. AGE OF USE
4.1. In order to use www.isgcharitybids.com website and participate in the bidding process, win a bid, and purchase an item, you must be at least 18 years of age and legally able to engage in a legal and binding contract.
4.2. In the event www.isgcharitybids.com determines that a Member's account is being used/operated by a person under the age of 18 years, the account will be subject to cancellation and all unused bids will be forfeited or returned back to the credit or debit card used to pay for bids, at the discretion of www.isgcharitybids.com.
5. INFORMATION YOU PROVIDE TO US & USE OF INFORMATION
5.1. The following applies to any information you provide to us, for example during any registration or ordering process:
(a) You authorize us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our website by us, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties (together our ‘Partner Companies’).
(c) You must ensure that the Personal Information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested information. In addition, the following also applies to all messages, e-mails, bulletin boards postings, ideas, suggestions, concepts or other material submitted by you to www.isgcharitybids.com (‘Content’):
(d) You must own or have the right to submit Content for publication on our website and all Content submitted by you must be legal, honest, decent and truthful and comply with all applicable laws, regulations, standards and/or codes of practice;
(e) You must ensure that all Content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libelous or defamatory of any person or be otherwise unlawful.
(f) You must ensure that the Content does not advertise or otherwise solicit for funds or is a solicitation for goods or services; and
(g) www.isgcharitybids.com has the right to monitor content and may edit, reject or remove content if we believe it does not comply with the above and, in particular, we reserve the right to block incoming e-mails and other content if we believe that their content is or may be inappropriate or otherwise does not comply with the above.
5.2. You grant us a non-exclusive, irrevocable, royalty free, worldwide license to publish all content that you submit to us except any portion of the content that is Personal Information. You have sole responsibility for the content which you submit to us.
6. AVAILABILITY AND WARRANTY OF OPERATION OF WEBSITE AND
REFUNDS DUE TO INTERRUPTIONS, SYSTEM OUTAGE, OR OTHER ISSUE(S)
AND ACTS OF GOD
6.1. We do not have control over certain aspects of life such as electrical failures, storms and other issues that affect the operational status of either softer or computer components. As such, If a system outage, software issue, or unforeseen disruption is to occur during a live auction (during bidding process), all auctions we be temporarily halted. The current bidding price and current highest bidder will be maintained, if possible. Once this disruption is fixed all auctions will be reset to its last known remaining time or a 5 minute countdown, whichever is greater,or the auction will be restarted, at the sole and exclusive discretion of www.isgcharitybids.com.
6.2. www.isgcharitybids.com makes every diligent effort and attempt to make our website available for use during the penny auction process but cannot guarantee that our website will operate continuously or without interruptions or is error free. There will be times when not in control of ISGcharitybids.com that the website or its affiliated serve may get interrupted due to mechanical or software failure, act of God, maintenance servicing, or some other instance. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.
6.3. When there is an interruption during a penny auction bidding process and the penny auction is interrupted (stopped or halted through no fault of www.isgcharitybids.com or in the event the auction had to be halted (stopped, interrupted), the halted auction will then be reviewed and appropriate measures will be taken to issues full refunds of all bids spent on that particular auction, and the auction may or may not be restarted at the discretion of www.isgcharitybids.com.
6.4. www.isgcharitybids.com will not be liable for any damages due to these unforeseen disruptions, interruptions, or the penny auction is halted or stopped.
7. USE OF WEBSITE
7.1. You warrant and undertake that you will not use our website for any purpose that is illegal or prohibited by these terms and conditions, including without limitation the posting or transmitting of any libelous, defamatory, inflammatory or obscene material. If you breach these terms and conditions then your permission to use this website terminates immediately without the necessity of any notice being given to you.
8. APPLICABILITY OF ONLINE MATERIALS & UNITED STATES LAWS
8.1. Unless otherwise specified, all content and materials published on our website is presented solely for your private, personal and non-commercial use as an exclusive Member of ISGcharitybids.com..
8.2. We have used our reasonable endeavors to ensure that our website complies with the UNITED STATES OF AMERICA laws. However, we make no representations that the material on our website is appropriate or available for use in locations outside the UNITED STATES OF AMERICA. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws of their country or country (jurisdiction) where they access this website. If use of our website and/or viewing of it, or use of any material or content on our website or services, or products offered through our website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorized to view or use our website and you must exit immediately.
8.3. We make no representations and give no warranties, express or implied that making the Products available in any particular jurisdiction outside the UNITED STATES OF AMERICA is permitted under any applicable non-UNITED STATES OF AMERICA laws or regulations. Accordingly, if making the Products or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you. You accept that if you are a resident outside the UNITED STATES OF AMERICA, you must satisfy yourself that you are lawfully able to sign-up to become a Member, participate in the penny auction bidding process, and purchase the Product(s)(item or items). We accept no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the payments made during the bidding process and the purchase or attempted purchase of the Products by persons in jurisdictions outside the UNITED STATES OF AMERICA or who are nominees of or trustees for citizens, residents or nationals of other countries.
9. COPYRIGHT AND MONITORING
9.1. The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is in our name, its affiliates or other third party licensors. All product and company names and logos mentioned in our website are the trademarks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of placing an order with us or using our website as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example; in order to complete any test or questionnaire.
9.2. All logos and images are trademarked property of www.isgcharitybids.com or their respective copyright and trademark owners . All rights reserved.
10. LINKED SITES
10.1. We make no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that we endorse or accept any responsibility for the content, or the use of, such a website, and we shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
11. RIGHT TO TRANSFER
11.1. www.isgcharitybids.com or ISGbids Group, Inc., reserves the right to assign, transfer, novate or subcontract any or all of its rights, title, interest and obligations under these terms and conditions, at any time, whatsoever.
11.2. You, the Member user, cannot transfer your account to another person or business entity - User accounts are non-transferable.
12. ALTERATIONS, MODIFICATIONS, CHANGES
12.1. This agreement may be modified at any time by www.isgcharitybids.com and ISGbids Group, Inc., without verbal or written notice. Please make sure you review the Member Rules, Terms and Conditions often for changes and modifications.
12.2 www.isgcharitybids.com and ISGbids Group, Inc. reserves the right to make changes and/or corrections, alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it at any given time.
12.3. The use of our website will be governed by that version applicable on the time and date you use this website.
12.4. You must check the terms and conditions on the website regularly. If you have any questions regarding these Member Rules, Terms and conditions, please feel free to send your questions and comments to us through the Contact Us page.
13. COORDINATOR OF THE DONATION PENNY AUCTIONS ONLY
13.1. www.isgcharitybids.com is only the intermediary (the "middleman") in the bidding process. What this means is that companies or private persons who submit an item for bid on the penny auctions in this site, are the sellers of the item, and their intention is to sell the item to help charities and religious organization raise money.
13.2 Each bid paid for is a donation to that charity or religious organization be sponsored for that penny uaction.
13.3. www.isgcharitybids.com acts as the advertiser and provides to the seller an operational website medium and way to advertise the item for sale to help raise money for the charity or religious organization being sponsored a penny auction method.
14. SEVERABILITY OF PROVISIONS
14.1.. If any provision, rule, term or condition of these rules, terms and conditions become or be declared illegal, invalid or unenforceable for any reason whatsoever, such provision, rule, term or condition shall be divisible from the other terms and conditions and shall be deemed to be deleted from them, and the intent of this agreement will remain the same as if this invalid or illegal provision, rule, term or condition was never included in this agreement.
15. FAILURE TO PERFORM - FORCE MAJEURE
15.1. Except in respect of a payment obligation, neither you nor www.isgcharitybids.com will be held liable for any failure to perform any obligation in this agreement to the other due to unanticipated or unforeseen causes beyond www.isgcharitybids.com respective control.
16. NON-WAIVER DUE TO DELAYS
16.1. Failure or delay by either party enforcing an obligation, provision, rule, term or condition or exercising a right under these rules, terms and conditions does not constitute a waiver of that obligation or right.
17. TAX AND REGULATIONS
17.1. www.isgcharitybids.com follows all local, state and federal tax laws, legislation, and regulation for the sale of sellers products / items, services and bid packages within the United States of America.
18. CREATING ACCOUNTS & REGISTRATION, USERS,
USER NAMES, AND PASSWORDS
18.1. www.isgcharitybids.com only allows one (1) registered user per credit card or Debit Card.
18.2. www.isgcharitybids.com may also, at its own discretion, limit the amount of registered users per household and the amount of auctions won by a person or account within a 30 day period.
18.3. By accepting these Rules, Terms and Conditions, you agree not to have more than one account per household/per Credit Card or Debit Card with www.isgcharitybids.com . You may not register using a Post Office Box or an equivalent type of mailbox/ address. All registered Members must use a verifiable street address for registration and participation purposes.
18.4. When creating a user name you must choose a name that is not vulgar, offensive, disparaging to others or to www.isgcharitybids.com.
18.5. Creating a username that purposely misleads others or advertises any goods or services is strictly prohibited. Your username can also not violate any type of copy write laws or intellectual property rights.
18.6. www.isgcharitybids.com, at is sole discretio,n may freeze or close your account without notice if you create a username that violates any of these conditions.
18.7. It is your responsibility to keep your password and login safe and protected from others.
19. FRAUD AND SECURITY
19.1. www.isgcharitybids.com reserves the right to review all coupon codes, promotions and referrals for fraudulent actively.
19.2. www.isgcharitybids.com, at its own discretion, can terminate any account that is suspected of such fraudulent activity that includes but is not limited to creating multiple accounts within the same household, creating multiple accounts under the same credit card or debit card, using fake names, abuse of the system, use of fake coupon codes, using unauthorized auto bidding bots or any other type of bidding program.
20. AUTO BIDDING
20.1. In many of the auctions provided by www.ISGcharitybids.com, an auto bidding feature within our website will be approved for authorized use.. This Auto Bidding feature provided by www.ISGcharitybids.com allows you, the Member user, to place bids while you are not online or otherwise not available to bid on an www.ISGcharitybids.com penny auction. It is your responsibility to insure the information you enter is correct in the auto bid fields.
20.2. Only approved www.isgcharitybids.com auto bidding using the www.isgcharitybids.com auto bidding utility will be allowed to be used on this website.
20.3. www.isgcharitybids.com is not responsible for any bids lost related to Auto Bidding.
21. AUTO BOTS, SHILLS, AND PADDING OF BIDS
21.1. www.isgcharitybids.com does not use what is referred to as "bots" or "shills". Bots are a software program at the penny auction server level that many unscrupulous penny auctions use to increase the bids to make penny auctions more competitive and falsely increase the penny auction item value. Schills doe the same work as bots, but are live people set up and purposely paid to increase the penny auction by placing false bids to increase the penny auction item value.
22. FREQUENTLY ASKED QUESTIONS (FAQs) AND HELP
22.1. The FAQs and Help page has not been set up at this time. Please go the the "Contact Us" page and follow the instructions to contact us for any questions you may have.
23. PRODUCT/ITEM WARRANTIES
23.1. All products/ items won and purchased on www.isgcharitybids.com are sold with only the manufacturer’s or Seller's warranty.
23.2. www.isgcharitybids.com makes no promises or representations of guarantees, warrantees or merchantability of a product's functionality, reliability, or merchantability and is not responsible for the same under all circumstances and situations.
23.3. Warranties, guarantees and merchantability are different for every product, and are provided by the seller, so please consult the guarantees, warrantees, merchantability and functionality of the product provided with your product for details before contacting the manufacturer, Seller, or www.isgcharitybids.com.
24. INCOMPLETE - INVALID AUCTIONS
24.1. There are times when a penny uaction times-out without a winner, or an interruption occurs through no one's fault, of a bid is won but the reserve or published price was not met; these are considered incomplete or invalid penny auctions, and at the sole discretion of www.isgcharitybids.com may termiknate or close the penny uaction and refund all bids paid for in-full to its Members.
25. CANCELLATION AND / OR TERMINATION OF PENNY AUCTION
25.1. www.isgcharitybids.com and ISGbids Group, Inc., reserve the exclusive and sole right to cancel and / or terminate any penny auction, whether posted and has not started or is in progress for under-performance or for any other reason whatsoever.
25.2. All bids paid for on a cancelled and / or terminated penny auction will be fully refunded as per the www.isgcharitybids.com refund policy.
26.1. Promotional (free) bids are nonrefundable and expire after six (6) months unless otherwise noted.
26.2. Unused Paid Bid Packs in your Membership account are refundable and paid to you fifteen (15) days after the request for a refund has been approved.
26.3. Once a bid is placed on an item it is deducted from your account immediately ait cannot be credited back, regardless of whether or not you win the item.
26.4. Refunds will not be made on bids already made in the event the auction completes and there is a winner.
26.5. Full refunds will be made on all interrupted, invalid, incomplete and cancelled and / or terminated penny auction.
26.6. If you won a product and do not want the product, there is not refund.
26.6. All refund requests should be made by submitting a request on the form on the Contact Us page.
27. GOVERNING LAW AND VENUE
27.1. These terms and conditions and your use of our website are governed by US law and you submit to the non-exclusive jurisdiction of the UNITED STATES OF AMERICA or FLORIDA courts, the venue being in Broward County, Florida..
28.1. By use of this website you shall indemnify and shall keep www.isgcharitybids.com and ISGbid Group, Inc., fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by you arising directly or indirectly out of the use of this webnsite and its penny auction(s).
29. DENIAL OF ACCESS
29.1. We retain the right to deny access to any person who fails to comply with these terms and conditions.
30. IF YOU WISH TO USE OUR WEBSITE
30.1 If you do not wish to be bound by these terms and conditions then you may not use our website.
31. GENERAL & MISC.
31.1. Unless explicitly stated to the contrary, any new features including new content and/or the sale of new Products and/or the release of new software tools or resources shall be subject to these terms and conditions.
31.3. By accepting these Rules, Terms and Conditions you agree that your account can not be used by anyone other than yourself, the registered Member user, and that unauthorized use of your account due to the actions of you, the end user, will result in your account being temporarily frozen or closed permanently, at the sole discretion of www.isgcharitybids.com and ISGbids Group, Inc.,
31.4. If you are found in violation of any of these Terms and Conditions www.isgcharitybids.com, at its sole discretion can terminate, permanently ban or freeze your account and withhold or cancel all your pending purchases and unused bids.
31.5. By by using or accessing our website, you agree to be legally bound by these Terms and Conditions as they apply to your use of or access to our website. Terms and Conditions may be modified periodically and will be posted on our website as changes and/or updates are made.
31.6 If you see any errors or discrepancies within the rules, terms and conditions or within this website, please inform us immediately.
EFFECTIVE DATE: 05/04/2019 at 09:00 A.M.