DISCLAIMER - TERMS OF SERVICE
YOUR RESPONSIBILITIES:
Your use of the Tribber web site ("Tribber.com") and purchase of bids means that you agree to these terms and conditions.
You are confirming that you are aged 18 years and over to be eligible to participate in the Tribber.com online auctions including free bid and promotional items.
If you are an employee, family member or friend of an employee of Tribber International, Inc. or any associated company you are not eligible to participate in any Tribber.com online auctions.
You are confirming that the use of Tribber.com does not interfere with any state/country laws where you live, or at your current destination.
1. DEFINITIONS
1.1 "Bidder" A registered user over the age of 18, who has successfully made an authorized payment to cover the bid to cost of a specified item and confirmed the amount in the currency shown on the site that he/she is able to offer for the purchase of a specified item.
1.2 "Bid Cost" means the charge that is levied for each bid placed.
1.3 "Bid" means the amount to purchase any item and the lowest denomination that is accepted is one US cent (1c).
1.4. "Tribber Account" means the personal account that purchased bids are placed in or refunded to.
1.5 "Bid Credits" means the amount in currency that is held in the Tribber account which as yet has not been used to process a bid on a particular item.
1.6 "Tribber Auction" means the type of auction used by Tribber.com, which is a sealed bid reverse auction where the bidder of the 'lowest unique' bid of a specified item is able to purchase that good or service which has been auctioned for the lowest unique bid placed by that successful bidder.
1.7. "The lowest unique bid" when a auction is closed, the bidder who has placed the lowest unique bid on that specific item is deemed to have successfully won the auction of that item and is required to purchase the item for the cost of the lowest unique bid.
1.8. "Ending Date" means the date on which the required number of bids has been placed and tribber.com has deemed the item to have been successfully completed. If the required number of bids is not achieved within a reasonable period of time, up to a maximum of 9 months, Tribber International, Inc. has the discretion to close the auction and refund any placed bids to the user's "Tribber account".
1.9. "Item" A specified and individual product, good or service which is offered through the Tribber.com auction website.
1.10. "Successful Bidder" means the sole bidder, ( a registered user aged 18 and over) who has been deemed to have the right to purchase a specified closed item.
1.11. "Unsuccessful Bidder" means a bidder who has not adhered to our terms and conditions.
1.12. "Minimum bids" means the minimum number of bids required by the end of the auction, if the minimum number of bids has been placed, the auction will automatically be extended with 15 minutes.
1.13. "Serial bids" means the ability to place a series of bid at a item, e.g. from 40 cent to 50 cent, you will then pay for 11 bids.
1.14. "Free bid" means a bid that is free of charge. Free bids are available to bidders only for specified online auctions.
1.15. "Tribber Freebie" means promotional items that are free to bid on. Please be aware that you must register correctly to be a "Successful Bidder".
2. ACCEPTANCE OF BIDS:
Tribber.com reserves the right to cancel any free bid, whether winning or not, and close the related Tribber.com user account and take any other steps necessary to ban any person or organization who in Tribber International, Inc.'s opinion is trying to cheat or game the Tribber.com auction system in any way to their advantage.
A person is only allowed to create one account at Tribber.com, to create several accounts is considered cheating and strictly prohibited. If a person creates several accounts, he/she will be banned from Tribber.com, and all his/hers accounts will be deleted. Any won items/prizes will be withdrawn.
Unless bidding on a free auction, a Bid is only considered authorized when the 'bid cost' has been processed successfully by Tribber.com's payment processing company and has been recorded as a received payment by Tribber.com.
Tribber.com reserves the right to cancel any paid or credited bid without making a refund under any one or more of the following circumstances:
A fraudulent credit card is used to purchase 'bids'.
A fraudulently acquired PayPal account is used to purchase 'bids'.
A fraudulently acquired mobile/cell phone is used to purchase 'bids'.
The bank or other credit institution reverses the credit card transaction for the purchase of 'bids'.
Any other breach of this agreement.
Tribber.com reserves the right to cancel any bid and offer a refund of the applicable charges in bid credits to the 'Tribber Account'
under any one or more of the following circumstances:
A bid is placed after a auction has closed.
If the Minimum Number of bids for a specific item has not been reached within a reasonable period and Tribber.com has used its discretion to suspend the auction and refund all bids placed on that item.
Tribber.com shall not be liable for any causes preventing the receipt of bids for any reason, including but not limited to an overload of the telephone service centre, failure of the hardware or software providing access to the Internet or any other technical difficulties whatsoever.
3. PAYMENT
Every effort is made to ensure that the cost of each bid is accurate.
If we find an error in pricing in your Order (placing a bid) we will contact you and will give you the option of reconfirming or canceling it. If we are unable to contact you we will treat the Order as cancelled and any payment refunded in full
Tribber.com uses one or more third-party payment service providers for the acceptance of payments. Tribber.com has endeavored to ensure that due care is exercised in handling credit and debit card information, including the use of Secure Sockets Layer (SSL) for the transmission of sensitive information over the Internet and industry standard encryption for the storage of sensitive information as well as password / firewall access controls to this information, Tribber.com will not be liable for any compromise or misuse of this information.
Once bids have been placed or bids purchased, only refunds will be offered that are deemed under our terms and conditions. Tribber.com will not make any cash refunds under any circumstances.
'Bid credits' or 'Free Credits' cannot be exchanged for cash or refunded. They can only be used for the purpose of processing and placing bids on the Tribber.com online auctions
4. DETERMINATION OF SUCCESSFUL BIDDER
The 'successful bidder' that places the lowest unique Bid has the right to purchase the particular product / service for the amount of the 'lowest unique' bid placed when a auction has reached it's 'ending date'.
The 'successful bidder' is required to make an authorized payment for the product / service within 10 days of the Closing Date. If payment is not received correctly within this period of time then the right to purchase the item/product/service will be forfeited.
When a auction is closed when reaching the specified closing date, Tribber.com will notify all bidders on the item with the results and winners together with item information will be displayed on the winners web page
5. DELIVERY ITEMS
All successful bidders will receive their item (goods or services) within 30 days when the final purchase payment has been received and cleared by PayPal, Inc.
Please check that delivered item (products) or booking confirmations
(services) as soon as possible on receipt as we will not cover any subsequent loss or destruction. Please read all instructions, manuals and other user documentation that comes with your goods carefully. It is important that you follow all guidelines in accordance with the manufacturer's or suppliers instructions.
Tribber.com delivers to destinations worldwide and only to the billing address of the bidder.
On certain products at Tribber.com, such as cars - Tribber.com reserves the right to provide the winner of the auction with a check/ wire-transfer on the value/prize of the product, if shipping to the country the winner resides, and local taxes are more than 10% higher than in USA.
If because of local laws where the Successful Bidder is residing the item is illegal, then the Successful Bidder will forfeit the prize and a new winner of the item will be chosen.
All dispatched items are delivered using a certified delivery service.
We will make every effort to deliver within the time stated but we will not be liable for any loss caused to you by late delivery.
6. AVAILABILITY
Tribber.com is kept as up to date as possible but we cannot guarantee that a Product or Service will always be available. We may cancel any sale if it is reasonable to do so and may change or discontinue any Product at any time.
7. DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY YOUR USE OF THE SITE AND SERVICE, IS SOLELY AT YOUR OWN RISK. THE SITE AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND BY TRIBBER.COM OR ITS AFFILIATES, AS APPLICABLE. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, TRIBBER.COM AND ITS AFFILIATES, AS APPLICABLE, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON- INFRINGEMENT. THERE IS NO WARRANTY THAT THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO THE SAME WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. TRIBBER.COM AND/OR ITS AFFILIATES, AS APPLICABLE, DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR SERVICE WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE. YOU AGREE THAT YOU WILL NOT HOLD TRIBBER.COM AND/OR ITS AFFILIATES, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING OR USING THE SITE OR SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY INFECTIONS OR CONTAMINATIONS OF YOUR DEVICES YOU USE TO ACCESS SAME. YOU AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO TRIBBER.COM AND/ OR ITS AFFILIATES, AS APPLICABLE. WITHOUT LIMITING THE FOREGOING, TRIBBER.COM DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, COMPLETENESS, QUALITY OR MISDELIVERY OF THE SITE OR INFORMATION TRANSMITTED VIA THE SERVICES, NOR THE SAFETY, SECURITY, RELIABILITY, TITLE, TIMELINESS, MERCHANTABILITY, CONFORMITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THE SITE OR SERVICES, INFORMATION TRANSMITTED VIA THE SERVICES OR THE SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS, COMPLETENESS SAFETY, SECURITY, RELIABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THE SITE AND SERVICES. WITHOUT LIMITING THE FOREGOING, TRIBBER.COM MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE SITE OR SERVICES ARE FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK.
IN NO EVENT SHALL TRIBBER.COM OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS, REPRESENTATIVES, PARTNERS, LICENSORS, SUPPLIERS AND AFFILIATES BE RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNIFICATION OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOSS OF PROFIT, GOODWILL, REVENUE OR BUSINESS, PROCUREMENT COSTS, LOSS OF USE, OR ANY OTHER INTANGIBLE LOSS, AS A DIRECT OR INDIRECT RESULT OF:
(I) YOUR BREACH OR VIOLATION OF THESE TERMS OF SERVICE, THE PRIVACY POLICY, ANY APPLICABLE RULES, OR THE LAW; (II) YOUR ACCESS OR USE OF THE SITE OR SERVICES; (III) ANY THIRD PARTY'S ACCESS OR USE OF THE SITE OR SERVICES UNDER YOUR USER NAME OR PASSWORD; (IV) YOUR INABILITY TO ACCESS OR USE THE SITE OR SERVICES FOR ANY REASON OR FOR ANY PERIOD OF TIME; (V) YOUR DOWNLOADING OF ANY SOFTWARE OR CONTENT;
(VI) YOUR RELIANCE UPON OR USE OF ANY CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES; (VII) THE BREACH OF TRIBBER.COM'S SECURITY; OR (VIII) THE UNAUTHORIZED DISCLOSURE OF YOUR PERSONAL INFORMATION; EVEN IF TRIBBER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, TRIBBER.COM'S LIABILITY IS LIMITED TO YOUR ACTUAL DIRECT DAMAGES NOT IN EXCESS OF THE AMOUNTS PAID, IF ANY, BY YOU TO TRIBBER.COM FOR USE OF THE SITE AND SERVICES.
Without limiting the foregoing, Tribber.com is not responsible for any damage to any User's equipment, computer, software, phone or wireless device due to using the Service or downloading of any software or information necessary to use the Service. There is no stated or assumed guaranteed service level for Tribber.com, and the Site and Services may be interrupted and may not always be free of errors.
Under no circumstances will Tribber.com be responsible for errors in transmission, lost or unavailable network connections, telephone connections, wireless phone connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of
cause) or failed, incomplete, garbled, jumbled or delayed transmissions in connection with the Site or Services.
All products and services offered on Tribber.com online auctions are supplied by affiliated companies. Please click through to suppliers websites to confirm the warranties, terms and conditions of the particular good or service that you wish to bid on.
Some state laws do not allow limitations on certain warranties or damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
8. COPYRIGHT
The copyright in Tribber.com and the content of all the software, web site and pages relating to the Tribber.com web site is owned by, or licensed to Tribber International, Inc. and may not be used, copied or altered without our express consent. This copyright extends to the design, look and feel of Tribber.com, all photographs on it and its marketing materials.
Tribber, Tribber.com and our logos are trade names or trade marks which are solely owned by Tribber International, Inc. and may not be used by anyone else without our express permission.
We do not make any warranty or representation in respect of any other trade marks or brands featured on Tribber.com which belong to their respective owners.
9. TRADE DESCRIPTIONS
We make every effort to make the descriptions of Products as accurate as possible. However, Products offered for sale may differ from those described on Tribber.com to later production changes in specification, components or place of manufacture. The information on Tribber.com may contain inaccuracies or typographical errors.
Consequently any such information is not to be treated as representations as to the current availability of the products or services actually offered in online auctions.
10. RESPONSIBILITIES
Tribber.com will provide its services with all possible care and professionalism but does not give any guarantees, warranties or representations in respect of any other person's or 3rd Party companies or services.
Tribber.com excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Tribber.com and Tribber.com shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to the following:
Any incorrect or inaccurate information on Tribber.com
Any interruptions to or delays in updating Tribber.com
The infringement by any person of any Intellectual Property Rights of any third party caused by their use of Tribber.com or any Product or Services purchased through Tribber.com;
Any loss or damage resulting from your use or the inability to use the Tribber.com web site or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading Tribber.com, or from transmissions via emails or attachments received from Tribber.com or its licensees and affiliates.
Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
The availability, quality, content or nature of the other sites on the Internet that are owned and operated by third parties ("External
Sites") to which Tribber.com is linked and web sites located on or through any External Site nor for any transactions involving External Sites (including as to 'cookies', personal data, confidential information, or purchases of domain names or other services). You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links, web site or transactions.
Tribber.com will not be responsible for any breach of these terms by you and if you use Tribber.com in breach of these terms you will be liable to and will reimburse Tribber.com for any loss or damage caused as a result.
Obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
Use of Tribber.com and these terms are subject to the laws of the Seychelles and the jurisdiction of the Seychelles.
11. GENERAL
Tribber.com may change or withdraw any part of Tribber.com, or may refuse you access to the web site at any time if we consider it necessary.
Tribber.com may also terminate this Agreement and immediately remove, cancel or suspend access to and use of Tribber.com upon breach of any part of these Terms whatsoever. Termination shall be without prejudice to Tribber.com's other rights.
If Tribber.com does not enforce any provision of this agreement such will not be considered a continuing waiver.
In the event that any part of these Terms is held to be unenforceable, such part will at Tribber.com's option be construed as far as possible to reflect the parties' intentions and the remainder of the provisions will remain in full force and effect.
These Terms constitute the full agreement between you and Tribber.com and may only be amended in writing by Tribber.com. They apply to the exclusion of all other terms or conditions of contract proposed.
In the event of a server failure, the auction will either be prolonged when the servers are running again or all bids placed on the item will be refunded, and the auction cancelled.
12. YOUR INDEMNIFICATION OF TRIBBER.COM
You agree that you shall defend, indemnify and hold harmless Tribber.com and its officers, directors, shareholders, employees, independent contractors, agents, representatives, partners, licensors, suppliers and affiliates and other Users of the Site or Service from and against all claims, actions, demands, liabilities, settlements and expenses, including, but not limited to, attorneys'
fees and costs, arising out of, or related to: (I) any breach or violation of these Terms of Service, the Privacy Policy or any applicable Rules or law by you; (II) your failure to provide accurate, complete, non-misleading and current Account Data; (III) your access or use of the Site or Service; (IV) any third party's access or use of the Site or a Service under your user name and password; and (V) your use of any prize.
13. INJUNCTIVE RELIEF
You acknowledge that Tribber.com will be irreparably damaged if these
Terms of Service, the Privacy Policy or any applicable Rules are not
specifically enforced, and damages at law would be an inadequate
remedy. Therefore, in the event of a breach or threatened breach of
any provision of these Terms of Service, the Privacy Policy or any
applicable Rules by you, Tribber.com shall be entitled, in addition
to all rights and remedies, to an injunction restraining such breach
or threatened breach, without being required to show any actual
damage or to post an injunction bond, and/or to a decree for specific
performance of the provisions of these Terms of Service, the Privacy
Policy or any applicable Rules. For purposes of this section, you
agree that any action or proceeding with regard to an injunction in
connection with Terms of Service, the Privacy Policy or any
applicable Rules shall be brought exclusively in the Magistrates' courts of
record for The Seychelles, or the Seychelles Supreme Court.
You consent to the jurisdiction of such
court and waive any objection to the laying of the venue for such
action or proceeding in the Seychelles. You agree that service of
any court paper may be affected on you by mail or in such other
manner as may be provided under applicable laws, rules of procedure
or local rules.
14. GOVERNING LAW, VENUE AND JURISDICTION: ARBITRATION
These Terms of Service, the Privacy Policy and any applicable Rules
are governed by and shall be construed in accordance with the
internal laws of the Seychelles, without regard for conflicts of
laws principles. The application of the United Nations Convention on
Contracts for the International Sale of Goods is expressly excluded.
15. COMPANY INFORMATION
Tribber International, Inc. operates, promotes and securely administers unique lowest bid auctions at Tribber.com.
Tribber.com is a service and trade mark solely owned by Tribber International, Inc., registered in The Seychelles with state filing number 46142.
Tribber International, Inc.
Suite 1, Mec Complex
Avenue D'Ahora
Providence, Mahe
Seychelles