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eCosway Auction Rules and Regulations
The One-Dollar Auction is unlike most other Internet-based auctions because eCosway is the only seller and owner of all auction items. There are no other sellers at the site. Participants can bid on the items up for auction but they cannot offer goods or services for sale in the eCosway auction. By placing a bid on an auction item, Business Owners and Registered Shoppers agree to accept and abide by the Auction Rules and Regulations listed below.
When an auction is closed, eCosway will verify that winning bidders have enough Value Points to cover their bids. If there are insufficient Value Points in a bidder's account, the System will automatically revise the bid to reflect the actual number of Value Points available. For example, four bids are received from A, B,
C and D as follows: eCosway shall announce the auction results in the auction hall within forty five (45) calendar days after the close of each auction. This announcement will display the winning bid for each item along with the eCosway ID numbers of the Participants who have placed these bids. One or more Value Points that are available in a Participant's account on the closing date of an auction might be subsequently cancelled. This can happen if an order that generated a Value Point before the closing date of the auction is cancelled, or an item is returned, or there is a credit card charge-back. Value Point Deduction will be carried out over a period of 45 days following the closing date of the auction. If such deductions of Value Points materially
affect an auction result, eCosway reserves the right to revise the
auction results. A Participant cannot use Value Points earned
after the close of an auction to substitute for Value Points
that are cancelled for reasons stated above. There are no positive
adjustments to Value Points for sales made during the 45
days period following the closing date of the auction. Upon determining the final auction results, eCosway will notify each winning bidder by electronic notification (email) to the email address on record. Notification is deemed given as of the date and time eCosway sends out the email. Participants should keep their email addresses at eCosway updated. eCosway is not responsible for any winning bidder's failure to receive notification for whatsoever reason. If eCosway does not receive a reply from the winning bidder within 30 days from the date of the winning notification email, he/she will be disqualified and will not be eligible to claim the prize and the VPs used for the bid will not be returned to him/her. A winning bidder claims the auction item by making a payment of US$1 and the freight charges to eCosway. eCosway automatically deducts the number of Value Points bid from the Participant's account. Freight charges will depend on the weight and size of the auction item and the delivery address which the winning bidder specifies. The winning bidder shall bear any duty and tax the destination country may impose on the item he or she wins.
The auction website and services may only be used for lawful purposes and in a lawful manner. Participants agree to comply with all applicable laws, statutes and regulations regarding use of the website and services, including those regarding bidding. Participants may not register as Business Owners or as Shoppers under a false name or use an invalid or unauthorized credit card. Participants may not make bids under a false name, impersonate any Participant, or use another Participant's identification number (ID) and/or password(s) or website address (URL). Such fraudulent conduct is a violation of state, provincial, territorial, and national laws. Fraudulent conduct may be reported to law enforcement, and eCosway will cooperate to ensure that violators are prosecuted to the fullest extent of the law. Without limiting other remedies, eCosway may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate a Participant and refuse to provide its services to a Participant: (a) who breaches these Rules and Regulations or the documents incorporated herein by reference; (b) if eCosway is unable to verify or authenticate any information provided by the Participant; or (c) if eCosway believes that the subject Participant's actions may cause legal liability for the Participant, other Participants, or eCosway. In addition, any breach of these Rules and Regulations by a Participant may result, at eCosway's sole and absolute discretion, in the termination of the offender's Business Owner Agreement or status as a Registered Shopper, whichever is applicable. eCosway grants a limited license to each Participant to make personal use only of the auction website and the services provided thereunder only in accordance with these Rules and Regulations and the documents incorporated herein by reference. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the auction website and the said services (other than the buying of auction items in accordance with these Rules and Regulations), making any derivative of the auction website or the services, or any data extraction or data mining whatsoever. eCosway reserves the right without assigning any reason to exclude any Participant from bidding in the auction. eCosway also reserves the right to vary and amend the Auction Rules and Regulations without prior notice. The relevant changes or amendments will be posted on the auction website and shall take effect immediately upon such posting. To ensure that you are always aware of the current version of the Auction Rules and Regulations, please click on the "Auction Rules and Regulations" on the auction website. YOUR CONTINUED USE OF THIS WEBSITE AND THE SERVICES OFFERED HEREIN FOLLOWING eCOSWAY'S POSTING OF ANY CHANGES OR AMENDMENTS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR AMENDMENTS. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE AUCTION RULES AND REGULATIONS, DO NOT CONTINUE TO USE THE SERVICES OR THIS WEBSITE. The Auction results are deemed final. eCosway will not entertain any appeals against its decisions on auction results.
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