AGREEMENT
1. This agreement is a legal document that outlines your and our rights and obligations in respect to the services/goods/products provided by blotto/blotto.com.au ("blotto").
2. If a person is a resident of a country or state that does not permit or allow its residents to participate in an on-line auction service, then that person should not apply to become a member, or use the site.
3. If blotto is notified, or it comes to blotto’s attention that such a person has become a member or uses the site, blotto reserves the right to cancel that persons membership without notice to that person.
SIMPLIFIED OUTLINE
4 By becoming a member of blotto, you are bound by the terms and conditions of this agreement. This agreement documents the following aspects of participating in a blotto auction;
a) How to become a blotto member;
b) how to place a bid in a blotto auction;
c) how the successful bidder is determined in a blotto auction;
d) how the successful bidder is notified by blotto;
e) what the successful bidder is required to do in order to purchase an item; and
f) how the item will be forwarded to the successful bidder;
ENTIRE AGREEMENT
5 This Agreement sets forth the entire agreement and understanding between the parties as to the subject matter of this Agreement and neither of the parties shall be bound by any conditions, definitions, warranties or representations with respect of the subject matter of this Agreement other than as expressly provided herein.
6 To the extent that the Trade Practices Act 1975 (Cth) imposes warranties (Commonwealth warranties) inconsistent with the warranties contained herein, such Commonwealth warranties will prevail to the extent of any such inconsistency.
7 blotto specifically disclaims any implied warranties of title merchantability and fitness for a particular purpose for the products sold, except as provided for in clause 3 (above).
SEVERANCE
8 In the event of any part of this Agreement being or becoming void or unenforceable, then that part shall be severed from this Agreement.
ACCEPTANCE OF TERMS AND CONDITIONS
9 If you do not agree with the terms and conditions contained herein then you should not apply to become a Member, or use the site.
10 By placing a Bid and paying the Admin Fee, the Member acknowledges that they are aware and agree to the blotto Terms and Conditions and Privacy Policy.
11 As the Terms and Conditions may change from time to time, the Member should update their knowledge of the terms regularly.
12 By accessing and using this site you agree to be bound by the Terms and Conditions of this agreement.
13 By applying to become a Member you acknowledge that you have read and accepted these Terms and Conditions.
1 Definitions
"Admin Fee" means the fee that is paid for each Bid submitted;
"Agreement" means the Terms and Conditions in this Agreement and blotto’s Privacy Policy;
"Auction" means the specific auction format described in this Agreement;
"Auction format" means either a High Bid Auction or a Lowest Unique Bid Auction;
"Auction Results" means the listing of the Successful Bid Amount in an Auction;
"blotto" means blotto and blotto.com.au;
"Bid" means an offer by a Bidder to pay a Bid Amount for an Item in a blotto Auction;
"Bidder" means a Member who has submitted a specific Bid Amount for a good or service in a blotto Auction;
"Bid Amount" means the value of a Bid Amount in Australian Dollars for an Item in a blotto Auction;
"Bid Increment" is the amount allowed by blotto to separate Bid Amounts;
"Credits" means the Admin Fee that is charged for the lodging of a bid;
"End Date" means the date at which the blotto Auction will close, subject to the Required Bids having been received;
"High Bid Auction" means an Auction format, whereby the Member who places the highest bid received, and any Member who’s Bid Amount is equal to, or higher, than the Secret Price, will have the opportunity to purchase the Item at that nominated Bid Amount.
"Highest Bid" means the highest bid submitted;
"Item" means one good/service on offer for a blotto Auction, unless otherwise stated;
"Lowest Bid Amount" is the lowest Bid Amount received in a Lowest Unique Bid Auction;
"Lowest Unique Bid Auction" means an Auction format, whereby the Successful Bidder is the Member who’s Bid Amount is the Lowest Unique Bid.
"Lowest Unique Bid" is the lowest bid placed that is the only bid at that amount;
"Max Bids Per Bidder" means the maximum number of bids that can be placed by any one member in a particular auction;
"Maximum Bid" is the highest Bid Amount, as determined by blotto that can be made in a blotto Auction;
"Maximum Number of Bids" means the highest number of Bids that are accepted to close a specific blotto Auction;
"Member" means a person or legal entity that can legally enter into a legally binding contract;
"Membership Account/Member’s Account" means the account that is registered with the Member, and is used for the payment of the Admin Fee and/or Bid Amount;
"Privacy Policy" part of this Agreement relating to privacy and forms part of the Terms and Conditions;
"Promotional Credits/blotto-cash" blotto may implement promotional campaigns that may include the allocation or earning of promotional Credit amounts to Member’s Accounts;
"Quantity Available" means the number of Items available in a specific blotto Auction;
"Real Money/Real Moneys" means any credit that a member has purchased via bank transfer, paypal or any other means permitted by blotto to pay for the relevant Admin Fee(s) to bid in a blotto Auction, and excludes all credits gained via any promotional campaign of any kind, such as those explained in ‘Promotional Credits/blotto-cash’ in this document;
"Required Bids" means the total number of Bids that are accepted to close a specific blotto Auction;
"Secret Price" means a nominated Bid Amount by blotto whereby any Bid Amount equal to, or above the Secret Price will become a Successful Bidder;
"Site" means the internet address and site www.blotto.com.au;
"Successful Bid" is the Bid Amount that is selected by the Auction format which determines the Bidder that lodged that Bid as being the Successful Bidder;
"Successful Bidder" means the Bidder determined by blotto to have the opportunity to purchase a specific good/service on a blotto Auction;
"Start Date" means the time/date in which blotto begins to accept bids for a nominated blotto Auction; and
"Terms and Conditions" means this Agreement of this documents and blotto’s Privacy Policy
"Unique Bid" means a Bid that is different than any other Bid Amount for that particular Auction.
2 Membership
Membership
1. Membership of blotto is open to all Australian citizens over the age of 18 years, provided that Membership of blotto is permitted by the laws of the State within which a Member resides.
2. A person cannot be a Member of blotto unless their application for Membership has been accepted by blotto.
3. Members warrant that the information they provide is true and correct.
4. All Members agree to abide by the Terms and Conditions of this Agreement and the procedures (if any) stipulated for any particular Auction format.
Cancellation of Membership by Member
5. A Member may cancel their blotto Membership at any time, as long as they do not have any bids in place with an active Auction.
6. A Member can request the cancellation of the Membership by sending an email to blotto.
7. If a member wishes to cancel their membership, any Real Moneys remaining in their account will be refunded to the member in full.
8. Any remaining Promotional Credits or blotto-cash shall be forfeited by the member.
Cancellation or Suspension of Membership by blotto
9. blotto may cancel or suspend Membership due to a breach of the Terms and Conditions by the Member, or at the sole discretion of blotto.
3 The Bid Process
The bid making and payment process is described in Appendix I of this Agreement.
Making a Bid
1. To make a Bid, a Bidder must be a current Member of blotto and aged 18 years or over.
2. A Member can place a Bid on any active Auction by clicking the "Bid Now!!" button on the Auction lot.
3. A Member can place a maximum number of Bids on any auction, which is stated by the ‘Max Bids Per Bidder’ tab, displayed in the auction lot.
Admin Fee
4. Each Bid attracts an Admin Fee, payable by the Member.
5. All Members agree that Real Money within their accounts are to be spent prior to any Promotional Credits or blotto-cash being utilised for the payment of Admin Fees in any blotto Auction.
6. All Members agree that Promotional Credits or blotto-cash are only to be used for the payment of the relevant Admin Fee for High Bid Auctions and Lowest Unique Bid Auctions, and may not be redeemed for cash or any other method.
7. Where specified, Promotional Credits or blotto-cash may be valid for a stated period.
Acceptance of Bids
8. A Bid will only be accepted if payment of the Admin Fee has been recorded as a received payment in the blotto system.
Auction Results
9. In a Lowest Unique Bid Auction, the Successful Bid will be displayed for viewing in the Results tab.
10. In High Bid Auctions, a list of the Bidders who lodged Bids in the Auction will be displayed after the close of an Auction.
Cancellation of Bids
10. blotto may cancel any Bid without making a refund of the applicable Admin Fee(s) in any one or more of the following circumstances:
1. The Bidder has provided or provides false, misleading or invalid information when becoming a Member, or when placing Bid.
2. A fraudulent credit card is used by the Member to place funds in the Member’s account and/or to pay for the relevant Admin Fee.
3. The Member or Bidder’s bank or other credit institution reverses/disallows the credit card transaction for the placement of funds into the Member’s or Bidder’s account.
4. Any other breach of this agreement.
11. blotto may cancel any Bid and offer a refund of the applicable Admin Fees to the Member’s account in any of the following circumstances:
1. If the Required Number of Bids has not been reached and/or the Auction cancelled.
12. blotto will cancel a Bid by deleting the Auction details from the site.
4 Determinations of the Successful Bidder
An example of how the Successful Bidder is determined in High Bid Auctions and Lowest Unique Bid Auctions is described in Appendix II of this Agreement.
Lowest Unique Bid Auction.
1. In a Lowest Unique Bid Auction, the Successful Bidder is the Member that places the Lowest Unique Bid for that particular blotto Auction Item.
2. The Successful Bidder has the right to purchase the Item for the Bid Amount determined as the Lowest Unique Bid.
3. Should there be no Lowest Unique Bid, the Successful Bidder will be selected from the Lowest Bid Amount with exactly two Bids, with the Bidder who entered their Bid first being selected.
4. If there is no Bid Amount with exactly two Bids, then the process of determining the Successful Bidder is repeated for the lowest Bid with exactly three Bids, and so on, until there is a Successful Bidder.
High Bid Auction.
5. For a High Bid Auction, the Member that places the Highest Bid is determined to be the Successful Bidder for that particular blotto Auction Item, and therefore has the right to purchase the Item at that particular Bid Amount.
6. Should the Highest Bid received be placed by two or more people, the Successful Bidder will be the Bidder who entered their Bid first.
7. A High Bid Auction may also contain a Secret Price. A Bid Amount that is equal to, or above the Secret Price, will become a Successful Bid. In a High Bid Auction therefore, there may be more than one Successful Bidder.
5 Notification to Successful Bidder
1. The Successful Bidder will be notified by blotto, via the contacted details they have provided (which will normally be by email), that they have the right to purchase.
2. It may take up to 5 business days from the End Date until the Auction Results are announced.
6 Confirmation by Successful Bidder
1. After you have been informed of becoming a Successful Bidder, you will have 3 business days to decide whether you wish to purchase the Item at the Bid Amount you have offered.
2. After we have informed you of being the Successful Bidder, and if you decide that you do not wish to purchase, no further action will be required by you, or you can confirm this by clicking ‘Decline’ in ‘My blotto’, under ‘My Successful Bids’ section.
3. If we have not heard from you within 3 business days of notifying you by telephone, email, or by leaving a recorded message, we reserve the right to assume you will not accept.
7 Potential Auction Variations
1. If the Required Number of Bids in any blotto Auction have not been received by the End Date, at its sole discretion, blotto may extend the End Date of the Auction.
2. If the Required Number of Bids in any blotto Auction has not been received by the End Date, blotto at its sole discretion, may cancel the Auction.
3. All participating Bidders will receive an email notice and have the relevant Admin Fee refunded within 7 business days of blotto cancelling of the Auction.
4. blotto may reduce, but not increase, the Required Number of Bids for any Auction in progress.
5. If for any reason the Auction is not capable of running as planned, due to any reason, including anything which may corrupt the integrity or proper conduct of the Auction, blotto reserves the right to cancel, terminate, modify or suspend the Auction.
8 Payments, refunds and forfeits
Payments by Members
1. The Bid Amount is only payable by the Successful Bidder, after the conclusion of the relevant Auction.
2. Following blotto informing you that you have become the Successful Bidder, and you confirm to blotto within 3 business days that you wish to go ahead with the purchase, payment for the Item is due within 5 business days of your decision.
3. Payment must be made by bankers draft, bank transfers, money order or via Paypal.
4. In the event of late payment by the Member of the Bid Amount, interest at the rate of 3%pa may be imposed by blotto on the Bid Amount.
Refunds by blotto
5. Refunds of the Bid Amount, after payment, shall be made in the event that supply of the Item cannot be fulfilled by blotto, or by the supplier of the Item. Refunds do not include the relevant Admin Fee.
6. If the Item does not meet the description provided by blotto, and is returned by the Successful Bidder to blotto, blotto will refund the full Bid Amount subject to the Item being returned in the same condition which it was supplied to the Bidder.
7. At its sole discretion, blotto may replace the Item offered at Auction, with a similar Item, if, in blotto’s opinion, the replacement Item will be of equal or comparable value.
8. The Admin Fee is only refundable in the case of the relevant Auction being cancelled.
Forfeiture by Member
8. Should the Successful Bidder fail to pay for the good/service within 5 business days of confirming that they wish to purchase the Item, the right to purchase the Item at that Bid Amount, will be forfeited.
9 Products and Deliveries
1. Unless otherwise stated, products which are for Auction on this site do not belong to blotto.
2. Unless otherwise stated, goods delivered within Australia and New Zealand are shipped free of charge, and are insured by blotto for damage in transit.
3. The cost of delivering the Item outside Australia is to be borne by the Successful Bidder.
4. If delivery charges are applicable to an Item being auctioned, the anticipated delivery charge will be advertised on the auction page.
5. At the close of the Auction, blotto will notify the Successful Bidder of the applicable delivery charges including, but not limited to, overseas shipping costs, government taxes, excise duty and insurance charges within 3 business days of the declaration of the Successful Bidder.
6. Within 5 business days of the Successful Bidder’s funds being cleared into blotto’s nominated account, blotto endeavours to have the goods shipped to the Successful Bidder.
7. blotto may not necessarily be the supplier of the goods and/or services. Delivery of the goods and/or services may be made directly from the suppliers and/or the producers and/or the importers and/or the service providers.
8. blotto will endeavour to have any Item damaged in transit, replaced like for like, as soon as practicable.
10 Bid Back best endeavours
1. blotto will use its best endeavours to ensure that the description of the Items offered by way of Auction accurately reflect the condition, state and nature of that Item(s).
2. Subject to Section 8 (7), if the Item supplied to the Successful Bidder does not substantially comply with the description of the Item auctioned by blotto, the Bidder may, within 30 days of receipt of the Item, return the Item supplied by blotto to blotto.
3. If the Member wishes to return the Item to blotto, you should contact blotto prior to transporting the Item.
4. If the Item to is to be returned to blotto, by the Member, all costs (including, but not limited to transport and insurance) shall be borne by the Member.
5. In the event that the Item is returned by the Successful Bidder to blotto, blotto will refund the full Bid Amount subject to the Item being returned in the same condition which it was supplied to the Bidder.
11 Installation of Items
1. Unless otherwise stated by blotto as part of the Item description, installation costs are not included in the Bid Amount and such costs are to be borne solely by the Member.
2. blotto does not undertake to install any Items sold.
12 Breach of Agreement
You breach this agreement if you, or another on your behalf:
1. Do not comply with the Terms and Conditions and Privacy Policy;
2. Engage in fraudulent activity in connection with the blotto site;
3. Provide any information that may be false, inaccurate or misleading;
4. Contravene any applicable law, statute, ordinance or regulation required to be observed by the Member in relation to their participation in any Auction;
5. Introduce viruses, Trojan Horses, time bombs, easter eggs, worms or cancelbots that may detrimentally interfere with, modify, surreptitiously intercept, damage, delete, access without authority or expropriate any system, data or personal information on the site;
6. Create a liability for us or cause us to lose the services of blotto’s ISPs or other suppliers;
7. Fail to complete all transactions entered into by you;
8. Use any device, software or routine to bypass interfere or attempt to interfere with the proper working of the blotto site or any transaction being conducted through the blotto site;
9. Take any action that imposes an unreasonable or disproportionately large load on blotto’s infrastructure;
10. Copy, reproduce, modify, or publicly display any content from blotto’s site without the prior written permission of blotto;
13 blotto’s Remedies
1. If you do not perform or comply with any obligation under this agreement, blotto is entitled to remedy your breach and recover damages for loss caused by your breach of the agreement, by:
1. issuing a warning to remedy your breach;
2. suspending (either temporarily or indefinitely) your Membership;
3. refusing to provide blotto’s services to you;
4. terminating your Membership Account; and
5. suing you for loss and damage.
14 Privacy Policy
blotto acknowledges that privacy is important. You must read and agree to this Privacy Policy ('this policy') before becoming a blotto member. This policy forms part of our Terms and Conditions for use of this site. By agreeing to this policy you consent to our use and disclosure of your personal information in the manner prescribed below.
1. The information that you provide to blotto in the Membership application or bidding process is subject to blotto’s Privacy Policy.
2. By entering a Bid, you acknowledge that you have read and accepted the terms and conditions of blotto’s Privacy Policy.
3. blotto reserves the right to publish the name of the Successful Bidder on its site and other promotional material.
4. As a result of Bidding in any blotto Auction, blotto will collect certain personal information about you (such as your telephone number).
5. blotto collects this information to assist in providing the goods or services you have requested, to process your competition entries, and to improve the products and services available.
6. blotto, or its related companies, may contact you by any means (including email or SMS) to notify you about goods, services or promotions which may be of interest to you.
7. blotto may, of necessity, have to provide your information with other entities or persons who assist in providing services or with other companies who provide Items for Auctions.
8. blotto collects your personal information to provide you with an efficient, safer and more functional experience.
9. To become a blotto member, you are required to register on the online registration form. This form requires you to provide us with personal information. We may also require some financial information, such as, but not limited to, credit card information to verify your name, address and other contact information.
11. By becoming a member and/or participating in a blotto auction, blotto will:
- collect your name, billing address details and delivery address to register you as a member of blotto;
- collect information about your bidding and selling behaviour.
12. blotto will use your personal information to:
- bill you for the goods and services you purchase and any other fees that are charged;
- enforce our Terms and Conditions;
- ensure that blotto is a safe trading site;
- resolve any disputes that may arise;
13. blotto will not disclose any information about you without your prior consent unless:
- required by law;
- it is necessary in order to provide you with an Item that you have purchased;
- we suspect that you are in breach of this policy or the Terms and Conditions;
- to protect the rights or property of blotto or any blotto user;
- enforce our Terms and Conditions.
14. To improve our business practices, blotto will retain certain information about your use of our site. blotto uses this information to undertake internal research on our user’s demographics, interests and behaviour.
15. blotto reserves the right to publish the name of the Successful Bidder on its site and other promotional material.
16. blotto endeavours to protect your personal information, however, due to technical limitations we cannot guarantee that your personal information will not be disclosed to third parties by way of unlawful access to and transmissions of personal information from our site.
17. blotto abides by law enforcement enquiries. blotto can lawfully disclose your personal information for that purpose permitted by the Privacy Act 1988.
18. blotto will deactivate your Membership upon your request. This will remove your contact details and financial information from our active database. blotto will retain some information to help prevent fraud, resolve disputes, assist with any investigations, enforce our Terms and Conditions and comply with legal requirements.
19. This Privacy Policy only applies to information that blotto collects about you. Any information that you provide to third parties is subject to an agreement between you and that third party. blotto does not accept any responsibility for information that you provide to third parties.
20. By accepting our Privacy Policy and Terms and Conditions you expressly agree that we may send you information that we believe may be of interest to you.
21. We are committed to providing a site that is safe and secure. We will continuously review our Privacy Policy to meet industry standards.
