Biddees.com Terms & Conditions

Last updated November 6, 2009

Please read these Terms and Conditions carefully. They contain important information that you need to know when using this website. As used in these Terms and Conditions, the terms “we” and “our” refers to Zerxes, Inc., a California corporation doing business as “Biddees™.” Zerxes, Inc. is the legal owner and operator of this website, www.biddees.com (”this Site” or “the Site”). Zerxes, Inc. is referred to in these Terms and Conditions as “the Company” or “Biddees™.”

By accessing or using this Site, you agree to abide and be legally bound by these Terms and Conditions without limitation, qualification or change. We reserve the right to update or modify these Terms and Conditions at any time without prior notice. We recommend that you review these Terms and Conditions periodically. Any amendment to these Terms and Conditions shall be effective immediately from and after the date that they are posted on this Site. If you do not agree to abide with and be legally bound by any of these Terms and Conditions, do not use the Site. Without limiting any other provision of these Terms and Conditions, you may not use this Site for any purpose that is unlawful or prohibited by these Terms and Conditions. Your access to and use of the Site may be terminated for any or no reason at any time at our sole discretion, with or without notice.

1. General Terms and Conditions

1.1. How to Become a Registered User

To become a registered user of this Site, you must agree to these Terms and Conditions and you must have a valid credit card or debit card account.

You may use the Site only if you are able to form legally binding contracts, are over the age of 18 and are not suspended from the Site. If you are under the age of 18, you may only use the Site in conjunction with, and under the supervision of, your parent or guardian.

To register, you must provide your current legal name, billing address, an active email address and a valid credit or debit card account. You must also select a user name and password.

Biddees™ products and services are offered exclusively to private end-users and not to resellers of any type. Biddees™ reserves the right to exclude resellers of any type from participating in auctions and to close their accounts at any time.

The information you submit at registration is your Account Information. It is your responsibility to maintain the confidentiality of your Account Information and you are responsible for any use of the Site which is accessed through your Account Information. You agree to immediately notify us of any unauthorized use of your Account Information or any other actual or suspected breach of Site security. You agree to provide true and correct information in connection with your use of this Site and you agree to promptly update your Account Information in order to keep it current, complete and accurate.

It is a violation of law to make a purchase in a false name or with an invalid method of payment. Please be aware that even if you do not give us your real name, your web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent purchases will be prosecuted to the fullest extent of the law.

We reserve the right to temporarily or permanently disqualify a user or disable their account at any time. Users will be disqualified when, in our opinion, he or she has violated these Terms and Conditions, any applicable law or the rights of any third parties. A user will be disqualified if such action will protect the rights of other users or prevent unauthorized manipulation or use of the Site. Examples of such unauthorized usage include, but are not limited to, non-payment of purchases and use of unauthorized third-party bidding software. In case of a breach of these Terms and Conditions, we reserve the right to withhold deliveries and/or refunds.

1.2. Privacy

Any information that you submit to us or that we collect through the Site is subject to our Privacy Policy.

1.3. Copyright Notice

All materials incorporated in or accessible through the Site (including, without limitation, text, photographs, images, look and feel of the Site, graphics, illustrations, logos, button icons, audio clips, video clips, software and other content and the compilation, collection, arrangement and assembly thereof) are protected by United States and international copyright laws and are owned or controlled by Biddees™ or by the original creators of such materials or their respective assignees.

Such materials may be used by you only for the purpose of purchasing the products offered for sale on the Site. Any other use of such materials (including, without limitation, any copying, reproduction, modification, distribution, transmission, republication, downloading or other exploitation thereof) by any means without the prior written permission of Biddees™ or the legal owner thereof is strictly prohibited.

1.4. Trademarks and Servicemarks

Biddees™ and Little Biddee Thing(s)™ are registered trademarks or servicemarks of Zerxes, Inc. and are protected by United States and international trademark laws. All other graphics, logos, trade names and service names used or incorporated in the Site are trademarks or registered trademarks of their respective owners and are protected by United States and international trademark laws. None of the marks owned by Zerxes, Inc. may be used by anyone for any purpose without the prior written consent of Zerxes, Inc. other than in connection with the use of the Site.

1.5. Acceptable Use and License

We grant you a limited, personal, non-transferable and revocable license to access and use the Site only as expressly permitted in these Terms and Conditions. Except for the foregoing, we do not grant you any other rights with respect to the Site. Any and all rights not expressly granted herein are hereby reserved.

The content and information on the Site, as well as the infrastructure used to provide such content and information, is proprietary to Biddees™ or its partners, agents and suppliers. Accordingly, as a condition of using this Site, you agree not to use this Site or its contents or information for any commercial or non-personal purpose or for any purpose that is unlawful or prohibited by these Terms and Conditions.

In addition, you agree that you will:

1. Not access, monitor or copy any content of this Site using any robot, spider, scraper other automated means or any manual process, for any purpose.
2. Not violate the restrictions within the Site or bypass or circumvent measures employed to prevent or limit access to this Site.
3. Not take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the infrastructure of the Site.
4. Not abuse, harass, threaten, impersonate or intimidate (by any means including, without limitation, comments posted on the Site or any related site) users, employees, affiliates or suppliers of Biddees™.
5. Not use any aspect of the Site or our services for any illegal or unauthorized purpose or for any purpose which would violate any U.S. or foreign law.
6. Comply with applicable laws regarding online conduct and acceptable content.
7. Not deliver or provide links to any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, defamatory, threatening, tortious, harassing, hateful or otherwise objectionable.
8. Not create or submit unwanted e-mail or conversations to any Biddees™ user, employee, affiliate or supplier of Biddees™.
9. Not deliver any postings that infringe or violate any intellectual property or other right of any entity or person including, without limitation, copyrights, patents, trademarks, laws governing trade secrets or rights to privacy or publicity.
10. Not attempt to gain unauthorized access to this Site or any related web site or other accounts, computer system or networks connected to this Site through hacking, password mining or any other means.
11. Not transmit any worms or viruses or any code of a destructive nature when using the Site or any related site or communicating with the Company.
12. Not modify, adapt or hack this Site or modify another website so as to falsely imply that it is associated with this Site or with Biddees™.

You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links or other content that you submit, post and display on this Site or any related site.

1.6. Typographical Errors

The information on this Site may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. To the full extent permitted by applicable law, we reserve the right to deny services (including, without limitation, fulfillment) in the event a typographical error or inaccuracy causes an unintended result.

1.7. Disclaimers

This Site is provided by Biddees™ on an “as is” and “as available” basis without representations or warranties of any kind. To the full extent permitted by law, Biddees™ disclaims any and all representations and warranties with respect to this Site and its content whether express, implied or statutory including, but not limited to, warranties of title, merchantability and fitness for a particular purpose or use. Without limiting the foregoing, the Company disclaims any and all warranties, express or implied, for any merchandise or service purchased using a prepaid card purchased on this Site.

Biddees™ has incorporated or may from time to time incorporate in the Site third-party materials and links to Internet sites maintained by third parties. Neither Biddees™ nor any of its affiliates operates or controls in any respect any information, materials, products or services provided by any such third-party or on any third-party site accessed through this Site.

Neither Biddees™ nor any of its affiliates will be responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to this Site or its use or any third-party site, whether or not caused through the negligence of Biddees™ or its officers, directors, employees, agents, suppliers or affiliates or otherwise.

You assume total responsibility and risk for your use of this Site and any third-party site accessed through this Site. Your sole remedy for dissatisfaction with this Site or any products or services offered through this Site or any third-party site accessed through this Site is to stop using this Site or such products or services contained herein.

You agree to hold harmless, indemnify and defend Biddees™, its officers, directors, employees, affiliates, suppliers and agents from any and all costs, claims, demands, lawsuits, damages, judgments, costs and expenses (including, without limitation, attorneys fees and costs) arising out of, related to or resulting from the use of this Site by you and anyone under your control, any breach by you and anyone under your control of these Terms and Conditions and any negligence by Biddees™ or its officers, directors, employees, suppliers, agents or affiliates.

Biddees™ does not warrant that the functions contained in this Site will be uninterrupted or error-free, that any defects will be corrected or that the Site or the servers that make the Site available are free of viruses or other harmful components. Biddees™ does not warrant or make any representations regarding the use or the results of the use of this Site in terms of their correctness, accuracy, timeliness, reliability or otherwise. You (and not Biddees™) assume the entire cost of all necessary maintenance, repair or correction resulting from your access to or use of this Site.

Although this Site is accessible worldwide, not all products or services discussed or referenced herein are available to all persons or in all geographic locations. Biddees™ reserves the right to limit, at its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made in or through this Site is void where prohibited by applicable law.

1.8. Purchases and Payment Information

If you wish to make a purchase from Biddees™, you will be asked to supply your credit card or other payment account information. By providing such information, you represent and warrant that it is accurate, complete and current and that you have individual authority, and not merely permission to use, such accounts.

By making a purchase, you agree to pay all charges (including any shipping, handling charges and other applicable fees) incurred by users of your credit card or other payment method at the prices in effect when such charges are incurred. You are responsible for paying any taxes applicable to such purchase.

We may delay or even cancel an order if Biddees™ is not given complete and accurate information and/or is unable to contact the person who placed the order and/or the primary owner or cardholder of the payment method used to purchase the order.

Regardless of the payment method you use to purchase a card, you agree that you will make full and immediate payment for the item(s) purchased if you win an auction. In the event that your chosen payment method does not enable you to make full and immediate payment for any reason, including without limitation insufficient funds or credit decline, Biddees™ may cancel your order and make the prepaid card you attempted to purchased available to other users.

1.9. User Comments, Feedback and other Submissions

You assign to Biddees™ all rights to any and all comments, suggestions, feedback and ideas disclosed, submitted or offered in connection with your use of this Site (collectively referred to as “User Comments”), all of which shall be and remain the exclusive property of Biddees™ and may be used in any medium in accordance with our Privacy Policy, or such User Comments may be deleted in our sole discretion. You agree to execute any documents that may be necessary for such an assignment of rights. By providing User Comments, you shall be indicating your consent to such assignment of rights and to our use of your User Comments. The information and opinions expressed in User Comments on this Site are not necessarily those of Biddees™ or its officers, directors, employees, agents, affiliates, content providers, advertisers or sponsors, and Biddees™ makes no representations or warranties regarding such information or opinions. Biddees™ does not represent or guarantee the truthfulness, accuracy or reliability of any User Comments or determine whether any User Comments violate the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk. Biddees™ is under no obligation to maintain your User Comments in confidence, to pay you any compensation for any User Comments submitted, to respond to any of your User Comments or to maintain your User Comments in any form rather than delete them. You agree to be responsible for the content of any User Comments you make or submit.

2. Auctions

2.1. Participating in an Auction

2.1.1. Starting Price of Cards

All auctions will begin with a start price equal to or greater than $1.50 less than the card’s face value. This ensures that all participants are able to purchase a card at a discounted price and save money even after taking into account the cost of the Little Biddee Thing™ used to view the current price of that card.

2.1.2. Little Biddee Things™

In order to view the price of any card being auctioned, you must register to open a Biddees™ account and you must have at least one (1) Little Biddee Thing™ in your account. Little Biddee Things™ can be purchased in groups of 10, 25 or 50 for $0.99 each by logging into your account and visiting the My Account page.

Free Little Biddee Things™ may be offered by Biddees™ at our discretion from time to time during promotional periods. Free Little Biddee Things™ have no cash value and are not redeemable or refundable.

When purchasing Little Biddee Things™, you will have the option to donate 15% of your purchase to a nonprofit organization of your choice. This selection is completely optional and the donation is made at no cost to you. Once you have selected a nonprofit organization, it will be saved in your account. You may select a different nonprofit organization to which your 15% donation is made by updating your account information.

2.1.3. Viewing the Current Purchase Price of a Card

To view the current purchase price of any card, click on the “View Price” button. Each time a user (including you) clicks on the “View Price” button of a card, the current purchase price of the card will be automatically reduced by $0.50.

If no other user is checking the purchase price at the same time as you, then the current purchase price of the card will be displayed to you and one (1) Little Biddee Thing™ will be deducted from your account. You will then have 30 seconds to decide whether or not to purchase the card at the current price. If you do not purchase the card within those 30 seconds, then you will lose the ability to purchase it at that price. Provided that the card is still available for purchase, you may click on the “View Price” button again, which will automatically reduce the purchase price of the card by another $0.50 and another Little Biddee Thing™ will be deducted from your account balance.

If another user happens to be viewing the purchase price of the selected card when you click the “View Price” button, then you will be placed in line until any and all users ahead of you have decided not to purchase the card. Users are placed in the line in the order in which their click on the “View Price” button is received by our server. You will lose your place in line if you close your window or navigate away from the current page. If you do, however, your account balance will not be charged for a Little Biddee Thing™.

If another user ahead of you elects to purchase the card while you are in line to view the purchase price, then you will be given the option of joining the next auction of a card from the same merchant with the same denomination. If you choose to not join the next auction, then no Little Biddee Thing™ will be deducted from your account balance.

2.1.4. Purchasing a Card

Once you view the purchase price of any card, you will have 30 seconds to decide if you want to purchase it by clicking the “Buy Now” button. When you click the “Buy Now” button, we will immediately authorize the payment method in your account for the price of the card plus. If your stored payment method is declined for any reason, you will forfeit your right to purchase the card at that price, and the card will be returned to the auction.

2.1.5. Lag and Connection to the Biddees™ Servers

Our auctions are live and we broadcast almost in real-time the status of each auction to the participants. Your participation in an auction by clicking the “View Price” button is registered by our servers when received, which may not represent the actual time of your click as lags can occur depending on the speed of your connection, your distance from our servers and other parameters related to the way the traffic is routed through the internet.

If you become disconnected from the internet because your internet connection is lost, your computer freezes or other events beyond your or our control, you will not be charged a Little Biddee Thing™. If you are waiting in line to view the price of a card when you lose your internet connection, you will lose your place in line but no Little Biddee Thing™ will be deducted from your account.

2.1.6. System Outage / Temporarily Halted Auctions

A system outage occurs when users are not able to view the price of a card due to an unforeseeable system disruption. In such a case, auctions will be temporarily halted, the current price will be maintained and the line of users (if any) will be cleared. In this case, no Little Biddee Things™ will be deducted from the accounts of users in the line. After the disruption has been resolved, all auctions will be restarted at their prices prior to the system outage.

2.2. Order Processing and Shipping of Cards

Orders will usually be processed and shipped within 1 business day after they are placed. When you purchase a card, you will be able to select standard shipping or expedited shipping on the checkout page. Shipping charges are displayed on the checkout page and can be viewed on our Shipping & Returns page.

Cards sent by standard shipping typically arrive within 3 to 5 business days after your order has been processed. Cards sent by expedited shipping typically arrive within 1 to 2 business days after your order has been processed. Cards sent electronically typically arrive within approximately 1 business day after your order has been processed. For further information about our shipping charges and estimated delivery times, please visit our Shipping & Returns page.

Biddees™ currently ships only to mailing addresses and post office boxes within the United States. The shipping address must exactly match the billing address of record for the payment method used to purchase it. If you chose expedited shipping, you will be provided with a tracking number.

2.3. Delivery Acknowledgment

You must immediately notify us by email at service@biddees.com or by calling 1-888-399-2412 in case you notice any discrepancy in your order or you do not receive your shipment or e-mail confirmation. We will cancel and replace any undelivered card on which a full balance remains, provided that you submit to us a properly completed Affidavit of Claimant/Lost Shipment within 3 days. If we do not hear from you within this time period, the shipment will be deemed to be satisfactory and accepted by you.

2.4. Cancellation , Returns and Refunds

Card purchases may be canceled up to 8 hours after your purchase by sending an email to service@biddees.com. The email must include all of the information contained in your purchase confirmation email such as your name, the name of the card and the auction serial number. If you wish to cancel your purchase more than 8 hours after your purchase, you must wait for the card to be delivered and then return it not more than 30 days after your purchase to: Returns Department, Biddees.com, 1424 4th Street, Suite 502, Santa Monica, CA 90401. Biddees™ reserves the right to refuse the return of any cards after this time. Unused cards will be refunded at the price paid and to the payment method on file in your account. Used cards will be refunded at the price paid less the amount used and to the payment method on file in your account.

Electronic gift cards may not be returned or refunded.

Used Little Biddee Things™ are not refundable. Unused Little Biddee Things™ in your account may be refunded, less the 15% donation to the selected nonprofit organization, by calling Biddees™ toll freeat 1-888-399-2412. Little Biddee Things™ that you receive for free through any type of special offer, giveaway, contest or promotion are not redeemable or refundable.

If Biddees™ suspects, in its sole discretion, that a cancellation or charge back is an attempt to collude or defraud, we reserve the right to suspend or cancel your account.

2.5. Credit Cards and Payment Methods Accepted

Biddees™ accepts the following methods of payments: Visa, MasterCard, American Express and Discover.

Biddees™ may from time to time implement additional methods of payment. In its sole discretion, Biddees™ may also cancel or interrupt one or more payment method, without prior notice.

When you register, access an auction or purchase a card, we will obtain an authorization from your credit or debit card for the full or estimated amount of the purchase. Debit card issuers will place a hold on funds when Biddees™ obtains an authorization. Please contact your financial institution to better understand its policies on such matters.

2.6. Limits to Purchases

Biddees™ reserves the right to limit your purchases if we deem they would exceed the authorization we have received for your credit or debit card.

Biddees™ reserves the right to cancel or suspend any order or account if we believe it is or may be associated with fraudulent or unusual activities including, without limitation, unauthorized use of a credit or debit card. Biddees™ reserves the right to refuse service to anyone for any reason at any time.

2.7. Card Use and Redemption

Once purchased, cards may be redeemed pursuant to the terms and conditions of the card issuer. Those terms and conditions may be accessed on the issuing merchant’s website. Such cards might not be available for use or redemption outside the United States.

You are responsible for keeping your purchased card safe and for preventing any unauthorized use. Biddees™ will not be responsible if your purchased card is stolen, lost, damaged or otherwise rendered incapable or unsuitable for redemption.

Biddees™ does not guarantee the viability of any card issuer and will not be responsible or liable if any card issuer becomes insolvent or goes out of business. Participating card issuers, face value of particular cards available for purchase and the terms and conditions of card issuers are subject to change. Biddees™ is not responsible or liable for the actions, products, services, locations, selection or content of any card issuer.

2.8. Violations, Termination and Suspension

We may take any action that we deem appropriate in our sole discretion (including, without limitation, issuing a warning, suspending or terminating service, and/or denying access to the Site) without notice or liability to you or any third party, if: (a) you breach these Terms and Conditions; (b) you do not cooperate with our investigation of a complaint or reported violation; (c) we are unable to verify or authenticate any information you provide; (d) we believe your conduct may cause liability for you, for other users or for Biddees™; (e) you act in a disruptive manner; or (f) we otherwise believe, in our sole discretion, that it is in our interest to terminate or restrict your use of the Site.

You agree that Biddees™ may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, affected merchants, registered users at the address they have provided to Biddees™, and other relevant third parties. Biddees™ will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

3. Concerns and Comments

You may contact us with any further questions or concerns regarding these Terms and Conditions through our Contact Us page.

4. Governing Law and Jurisdiction

These Terms and Conditions will be governed by, and construed and enforced in accordance with, the laws of the State of California. These Terms and Conditions constitute the entire agreement between Biddees™ and you with respect to your access to and use of this Site. These Terms and Conditions may be modified by us at any time. Any waiver of a term or delay in enforcing a term shall not be considered a modification or waiver of our right to enforce that term in the future.

If any term or provision hereof is determined by any court of competent jurisdiction to be invalid, illegal or unenforceable in whole or in part by reason of any applicable law or public policy, and such determination becomes final and non-appealable, the other terms or provisions will remain in full force and effect to the fullest extent permitted by law.

In any action or dispute arising from or related to these Terms and Conditions, the prevailing party will be entitled to recover its costs and reasonable attorneys’ fees. Any dispute between you and Biddees™ may not be filed in court but rather will be submitted to binding arbitration of the dispute with a neutral arbitrator in Santa Monica, California in accordance with the rules of the American Arbitration Association. In the event the foregoing arbitration clause is finally determined by a competent court to be unenforceable or invalid, or if both parties agree to waive arbitration, then you agree that the proper venue and jurisdiction for all disputes hereunder is the Superior Court for the County of Los Angeles.