Date of birth
The entity you are contracting with is: Islandbidz, Kp Lands., Valencia, Trinidad and Tobago.
Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see "Disclaimer of Warranties; Limitation of Liability" and "Legal Disputes" provisions below). It also contains an Agreement to Arbitrate which will, with limited exception, require you to submit claims you have against us or our agents to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (see Legal Disputes, Section B ("Agreement to Arbitrate")). If you do not opt out: (1) you will only be permitted to pursue claims against us or our agents on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
2. About Islandbidz
Islandbidz is a marketplace that allows users to offer, sell and buy just about anything in a variety of pricing formats and locations. The actual contract for sale is directly between the seller and buyer. Islandbidz is not a traditional auctioneer.
Any guidance we provide as part of our Services, such as pricing, shipping, listing, and sourcing is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, Islandbidz has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
3. Using Islandbidz
In connection with using or accessing the Services you will not:
- Post, list or upload content or items in inappropriate categories or areas on our site;
- Breach or circumvent any laws, regulations, third-party rights or our systems, policies, or determinations of your account status;
- Use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our site, services, applications or tools, or are a person with whom transactions are prohibited under economic or trade sanctions;
- Fail to pay for items purchased by you, unless you have a valid reason as set out in an Islandbidz policy, for example, the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot contact the seller (see our Unpaid item policy);
- Fail to deliver items sold by you, unless you have a valid reason as set out in an Islandbiz policy, for example, the buyer fails to comply with the posted terms in your listing or you cannot contact the buyer;
- Manipulate the price of any item or interfere with any other user's listings;
- Post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
- Take any action that may undermine the feedback or ratings systems (see All about our Feedback policies);
- Transfer your eBay account (including Feedback) and user ID to another party without our consent;
- Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- Distribute viruses or any other technologies that may harm Islandbidz or the interests or property of users;
- Use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of Islandbidz;
- Interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
- Export or re-export any Islandbiz application or tool, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
- Infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to Islandbidz. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, - - - Reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Islandbidz or someone else;
- Infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you;
- Commercialize any Islandbidz application or any information or software associated with such application, except with the prior express permission of Islandbidz;
- Harvest or otherwise collect information about users without their consent; or
- Circumvent any technical measures used to provide the Services.
Sellers must meet Islandbidz's minimum performance standards. Failure to meet these standards may result in Islandbidz charging you additional fees, and/or limiting, restricting, suspending, or downgrading your seller account.
If we believe you are abusing Islandbidz and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.
If we believe you are violating the policy on Offers to buy or sell outside of Islandbidz, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement. If you are a seller and you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of Islandbidz, you may be liable to pay a final value fee applicable to that item, even if the item does not sell.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.
4. Policy Enforcement
When a buyer or seller issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers.
5. Fees and Taxes
The fees we charge for using our Services are listed on our Standard selling fees page. We may change our seller fees from time to time by posting the changes on the
Islandbidz site 14 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.
If you are a seller, you are liable for transaction fees arising out of all sales made using some or all Islandbidz Services, even if sales terms are finalized or payment is made outside of Islandbidz. In particular, if you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of eBay, you may be liable to pay a final value fee applicable to that item, even if the item doesn't sell, given your usage of eBay Services for the introduction to a buyer.
You must have a payment method on file when selling through eBay Services and pay all fees and applicable taxes associated with our Services by the payment due date. If your payment method fails or your account is past due, we may collect amounts owed by charging other payment methods on file with us, retain collection agencies and legal counsel, suspend or limit Services. In addition, you will be subject to late fees. Islandbidz, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information Islandbidz reported to a credit bureau please contact us at email@example.com. If you wish to dispute the information a collection agency reported to a credit bureau regarding your Islandbidz account, you must contact the collection agency directly.
In any jurisdiction where Islandbidz has an obligation to collect sales taxes on sales you make using Islandbidz Services, we may collect such sales taxes from you via the payment method on file under the terms of the Billing Agreement or via any other means available to us.
Seller fees don't purchase exclusive rights to item exposure on Islandbidz, whether on a web page, mobile app, or otherwise. We may display third-party advertisements (including links and references thereto) or other content in any part of our Services, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, sellers.
6. Listing Conditions
When listing an item for sale on Islandbidz Services, you agree to comply with Islandbidz's Listing policies and Selling practices policy and that:
You are responsible for the accuracy and content of the listing and item offered,
Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). Islandbidz can't guarantee exact listing durations,
Your fixed-price listings currently renew automatically every 30 days, based on the listing terms at that time, until the quantities sell out or until you cancel the listing. Your fixed-price listings may renew automatically every calendar month, based on the listing terms at the time, until all quantities sell or the listing is ended by you or Islandbidz, in its sole discretion,
Content that violates any of Islandbidz's policies may be modified, obfuscated or deleted at Islandbidz's discretion,
We may revise product data associated with listings to supplement, remove, or correct information,
We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
buyer's location, search query, browsing site, and history;
item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
seller's history, including listing practices, Detailed Seller Ratings, Islandbidz policy compliance, Feedback, and defect rate; and
number of listings matching the buyer's query,
To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer,
Some advanced listing upgrades will only be visible on certain Services,
Islandbidz's Duplicate listings Policy may also affect whether your listing appears in search results
Metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results,
We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual listings to those of other sellers.
8. Purchase Conditions
When buying an item on Islandbidz Services, you agree to the Rules and policies for buyers and that:
You are responsible for reading the full item listing before making a bid or commitment to buy,
You enter into a legally binding contract to purchase an item when you commit to buy an item, your offer for an item is accepted, or if you have the winning bid (or your bid is otherwise accepted),
For motor vehicles and real estate, a bid or offer initiates a non-binding transaction representing a buyer's serious expression of interest in buying the seller's item and does not create a formal contract between the buyer and the seller,
We do not transfer legal ownership of items from the seller to the buyer.
When you provide content using the Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that content against Islandbidz, our assignees, our sublicensees, and their assignees in connection with our, those assignees', and those sublicensees' use of that content in connection with our provision, expansion, and promotion of the Services.
You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. Islandbidz takes no responsibility and assumes no liability for any content provided by you or any third party.
We offer product data (including images, descriptions and specifications) that are provided by third parties (including eBay users). You may use that content solely in your Islandbidz listings. eBay may modify or revoke that permission at any time in our sole discretion. The product data includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).
We try to offer reliable product data, but cannot promise that the content provided through the Services will always be available, accurate, complete, and up-to-date. You agree that Islandbidz is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not attempt to hold us or our data providers liable for inaccuracies. As a seller, you agree to ensure that content directly associated with your listings is accurate.
The name "Islandbidz" and other Islandbidz marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of Islandbidz in the Trinidad and Tobago. and other countries. They may not be used without the express written prior permission of Islandbidz.
11. Holds and Restricted Funds
To protect Islandbidz from risk of liability for your actions as a seller, Islandbidz has at times, and may continue to restrict access to funds in a seller's Islandbidz account based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing category, transaction value, or the filing of fraud case. This may result in Islandbidz restricting funds in your Islandbidz account.
12. Authorization to Contact You; Recording Calls; Analyzing Message Content
Islandbidz may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; or (v) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. Our collection, use, disclosure, retention, and protection of your personal information is governed by the User Privacy Notice. As described in our User Privacy Notice, Islandbidz may collect other telephone numbers for you and may place manual non-marketing calls to any of those numbers.
Islandbidz may share your telephone number with its authorized service providers (Debt collection agencies for example) as stated in our User Privacy Notice. These service providers may contact you using autodialed or prerecorded calls and text messages, only as authorized by Islandbidz to carry out the purposes identified above.
Islandbidz may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Islandbidz or its agents for quality control and training purposes, or for its own protection.
Privacy of Others; Marketing
If Islandbidz provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a user's information to a third party or social media for purposes unrelated to the Services. Additionally, you may not use user information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.
13. Additional Terms
Returns and Cancellations
Sellers can create rules to automate replacements, returns, and refunds under certain circumstances. For all new sellers, in listings where returns are accepted, Islandbidz will set a default rule that automates the return process. Sellers may remove or customize their return preferences in their account settings within My Acccount. You agree to comply with our returns policy.
When an item is returned, to refund the buyer, you (as seller) authorize Islandbidz to remove the refund amount (in same or other currency) from your Islandbidz account, place the amount on your invoice, and/or charge your payment method on file.
The cost of return shipping for an item that is not as described is the seller's responsibility.
You (as seller) authorize Islandbidz to place the return cost on your invoice, subject to your automatic payment method on file when:
An Islandbidz return shipping service is used, and the seller is responsible for its cost;
You fail to provide your buyer a return shipping service and, instead, an Islandbidz shipping service is used; and/or
A transaction is cancelled, and to refund the buyer, you (as seller) authorize Islandbidz to remove the refund amount (in same or other currency) from your Islandbidz account. See canceling a transaction for more details.
15. Disclaimer of Warranties; Limitation of Liability
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in Islandbidz's applications may not occur in real time. Such functionality is subject to delays beyond Islandbidzs control.
You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
the content you provide (directly or indirectly) using the Services;
your use of or your inability to use our Services;
pricing, shipping, format, or other guidance provided by Islandbidz;
delays or disruptions in our Services;
viruses or other malicious software obtained by accessing or linking to our Services;
glitches, bugs, errors, or inaccuracies of any kind in our Services;
damage to your hardware device from the use of any Islandbidz Service;
the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
a suspension or other action taken with respect to your account or breach of the Abusing Islandbidz Section above;
the duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above; or
your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (b) $100.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of Islandbidz's Services or your breach of any law or the rights of a third party.
Except as otherwise provided in this User Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, and in such event, we will post notice on www.islandbidz.net.
Headings are for reference purposes only and do not limit 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. We do not guarantee we will take action against all breaches of this User Agreement.
We may amend this User Agreement at any time by posting the amended terms on www.islandbidz.net. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 days' notice by posting the amended terms. Additionally, we will notify you through the Islandbidz Message Center and/or by email. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and an Islandbidz representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.
The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on the Islandbidz Service.
If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
The User Agreement and all terms and polices posted through our Services set forth the entire understanding and agreement between you and Islandbidz, and supersede all prior understandings and agreements of the parties.
The following Sections survive any termination of this User Agreement: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.
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