Terms of Use

Terms of Use

BidsforKids Terms of Use

The following explains the relationship between you and the Kiwanis Club of Quincy d/b/a “BidsforKids” and applies to your use of The Kiwanis Club of Quincy BidsforKids.auction online auction website.

Please read these Terms.  If you do not agree to be bound by these Terms, do not access the BidsforKids.auction Web site (the “Site”).

The following describes the terms of our relationship:

1. Your Feedback

BidsforKids greatly appreciates any feedback or suggestions you have on the Site. From time to time we may contact you to ask for such feedback or suggestions. If you do provide us with feedback or suggestions, you understand that BidsforKids may use that information to improve our services.

2. Bidding and Payment

If you intend to buy an item offered in our fundraising event, you agree that you are obligated to complete the transaction with the seller (unless the transaction violates the law or these Terms) if: (a) you are the highest bidder for an item at the end of an auction (assuming you meet any minimum bid or reserve requirements for the specific auction), and your bid is accepted by the seller; or (b) you purchase an item that is offered for a fixed-price. Payment will be due upon the completion of the auction for your item. If applicable, you agree to pay any sales, use or value added tax on your purchase, as well as any shipping or delivery charges.

You should be aware that the seller may include sales conditions or other terms in the item’s description. You should be sure to read the description carefully, because by bidding on the item you are agreeing to all the terms contained in the description (unless any of the terms violate these Terms or applicable law). Buyers cannot retract their bids.

Anyone registering to bid in the BidsforKids auction must meet the minimum age requirements according to the geographic area where you reside. Finally, you agree that you are purchasing items for your own use or consumption, and under no circumstances may you resell or redistribute any items purchased in a auction (other than to give them as gifts). Should you violate the preceding sentence, you will be fully liable BidsforKids, and you will be prohibited from participating in any other BidsforKids events.

3. Privacy and Keeping Information Confidential

Because the privacy of your personal information is very important to us, BidsforKids will not disclose to third parties any identifying personal information gathered from you unless (a) we tell you how your information will be used and you give BidsforKids specific permission to share this information, (b) BidsforKids is required to disclose such information by any applicable law or legal process (like a subpoena or court order), or (c) as otherwise set forth in the Privacy Policy. By accepting these Terms, you acknowledge that you have read and understood BidsforKids’ Privacy Policy. BidsforKids’ may change its Privacy Policy at any time upon notice to its users. In addition, we both agree that each party may possess information which it considers to be confidential and is not to be shared with others. For example, BidsforKids technology, software and processes fall into this category. We each agree to keep these types of information confidential (as well as any other information that one of us identifies as confidential) and not to use it for any other purpose. There are some exceptions to this: (a) information which was already public when it was disclosed (or is later made public by the owner), (b) information which the recipient receives from someone else who is not under confidentiality obligations, (c) information which was generated independently by the receiving party, or (d) information which is required to be disclosed under a court order.

4. Taxes

If there are taxes, other governmental charges or any other fees associated with your purchase (you should consult your tax adviser on this issue), these will be your responsibility to pay.

5. Requirements

The Site is available only to users who are 18 years of age or older; if you are under the age of 18, you can use the Software and/or the Site only under the supervision of your parent or guardian.

6. BidsforKids Role

BidsforKids’ role is to facilitate this fundraising event.  All the items have been donated by area businesses.  The items are new and we have no reason to question the quality, safety or legality of the items advertised; however, we do not accept any responsibility for such issues.  

7. Links to Other Web Sites

The Site may contain links to third-party Web sites and other resources. BidsforKids assumes no responsibility for the availability or content of these outside sites and resources. Therefore, any concerns you may have regarding any other site should be directed to the relevant site administrator or webmaster. 

8. Security

Please notify BidsforKids at kiwanis@bidsforkids.auction promptly in the event of any known or suspected loss, theft or unauthorized disclosure of your login, password or any other personal information. Users are responsible for maintaining the confidentiality and security of this information. 

9. Termination

Either party may terminate these Terms if the other party violates these Terms in any important way. 

10. Right to Use the Site

As long as you comply with these Terms, BidsforKids gives you the right to use the Site to bid on items. These are the only rights granted to you. You agree not to modify, copy, disclose, reverse-engineer, decompile, disassemble or create derivative works from the Site or disclose or provide access to the Site to anyone else. 

11. Events Outside of One’s Control

Each of us acknowledges that events may happen outside of one’s control (such as wars, riots, labor strikes, natural disasters, the infrastructure of the Internet, or any law, regulation or other act or order of a court or government agency), and that neither party should be responsible if it cannot meet its obligations as a result of such an event. Specifically, we cannot be responsible for any mobile phone or wireless connectivity issues you may experience while bidding and/or at a live event. 

12. Contributing to the Site

Contributions and comments from users must be consistent with the values and goals of BidsforKids and must comply with applicable laws. You may not contribute or post messages, descriptions or other content that is abusive, defamatory, obscene, fraudulent, in violation of applicable laws, or which would otherwise be offensive to other users. Please note that BidsforKids cannot prevent users from placing prohibited content on the Site. In addition, BidsforKids does not monitor every communication posted on the Site. Upon notification of inappropriate material, BidsforKids reserves the right to remove the content without notice to the contributor.  BidsforKids reserves the right to deactive a user without notice. In addition, please note that the information, advice, facts, opinions and other content appearing on the Site posted, uploaded or distributed by any users or other third parties are those of the respective authors and do not reflect the views of BidsforKids.  BidsforKids assumes no responsibility or liability for these materials. By contributing to the Site, users represent that they have all the necessary rights to use the materials, communications or other information that they have provided to or displayed on the Site.  The Site is protected by copyright as a collective work, pursuant to applicable copyright laws. Users may print and download portions of material from the different areas of the Site solely for their own non-commercial use; any other copying or any redistribution or publication of any downloaded material is strictly prohibited without the express written consent of the copyright owner. Except for the foregoing, users may not modify, copy, publish, transmit, sell, create derivative works from, perform, display or in any way exploit any of the content contained on the Site. 

13. Changes to these Terms of Use

BidsforKids reserves the right to change these Terms at any time upon notice to users. Your continued use of the Software following a change notice shall be deemed to be acceptance of any such modification. If you do not agree to any modification of these Terms, you must immediately stop accessing the site and using the Software. 

14. Legal Disclaimer

NEITHER PARTY MAKES ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, TITLE OR FITNESS FOR A PARTICULAR PURPOSE), IN CONNECTION WITH THESE TERMS. NEITHER PARTY WILL HAVE ANY LIABILITY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF SUCH PARTY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. BIDSFORKIDS’ AGGREGATE LIABILITY FOR MONETARY DAMAGES OF ANY KIND WILL NOT EXCEED THE AMOUNTS PAID BY YOU IN CONNECTION WITH THE PARTICULAR DISPUTE. THESE LIMITATIONS SHALL APPLY TO ALL ACTIONS, CLAIMS, DEMANDS, AWARDS, JUDGMENTS, SETTLEMENTS, DAMAGES, LOSSES, COSTS, LIABILITIES OR EXPENSES, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY IN TORT OR BY STATUTE OR OTHERWISE, BREACH OF A FUNDAMENTAL TERM, FUNDAMENTAL BREACH OR OTHERWISE. THESE LIMITATIONS SHALL NOT APPLY TO EACH PARTY’S RIGHTS UNDER APPLICABLE INTELLECTUAL PROPERTY LAWS.

Because some jurisdictions do not allow the exclusion of implied warranties or conditions, or the limitation of liability for consequential or incidental damages, the above exclusions and limitations may not apply to you. In such jurisdictions, BidsforKids’ liability is limited to the greatest extent permitted by law. 

15. Other Legal Items

You agree that these Terms are personal to you and may not be transferred to anyone else without BidsforKids prior written consent. You agree to indemnify and defend BidsforKids from and against all claims, losses, expenses, damages, liabilities and costs, including reasonable legal fees and expenses (collectively, “Losses”), resulting from (a) any violation of these Terms and (b) any activity (including negligent or wrongful conduct) by you in connection with your use of the Software or the Site. BidsforKids reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder.

As with any technology, you agree not to export the Software to any country for which an export license or other governmental approval is required (including allowing anyone outside of the U.S. or Canada to access the Software remotely) without first obtaining such license or approval. The relevant terms and conditions above will survive termination of these Terms.

Last updated: February 22, 2020