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Auction Use Agreement

Pennyauctionscanada.COM Auction And Purchase Use Agreement
This version in effect since February 01, 2010

WELCOME TO PENNYAUCTIONSCANADA.COM. PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR USE OF THE PENNYAUCTIONSCANADA.COM AUCTIONS AND PURCHASES. IT EXEMPTS PENNY AUCTIONS CANADA INC. AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY, AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ AND BE AWARE OF AT ALL TIMES.

Penny Auctions Canada Inc., Penny Auctions Canada, Pennyauctionscanada.COM, Pennyauctionscanada.CA, Pennyauctioncanada.COM, Pennyauctioncanada.CA, the Penny Auctions Canada Logo, and other names and logos appearing on or in connection with the Website (the "Marks") are registered or unregistered trademarks, service marks, trade names and logos owned or licensed by Penny Auctions Canada Inc. or their respective owners or licensees. By using any services on the Website (the "Services"), purchasing products on the Website (the "Products"), entering and claiming any items you have won in any contests on the Website (the "Contests"), or accessing the Website, you acknowledge that each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by this Agreement as it then reads, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use the Website. This Agreement is in addition to any other Agreement you may have with Penny Auctions Canada, including a transaction Agreement.

YOU AGREE TO BE BOUND TO THESE TERMS OF USE WETHER OR NOT YOU OPEN AN ACCOUNT (AN "ACCOUNT") TO SUBSCRIBE TO A PARTICULAR PRODUCT OR SERVICE.

Accounts

In order to access the live auctions ("Auctions") and other features of the Website, you must create an account that abides by the Pennyauctionscanada.COM Terms of Use Agreement and is accepted by these Terms. Once the account has been created it is agreed that this account will be maintained and exclusively used by the user it was created by. You may never use another users. account for any reason. When creating an account, you agree to provide only accurate and complete information.

Users of the Website are permitted to create and utilize only one (1), single registered and/or active account, unless otherwise expressly approved in writing by Penny Auctions Canada. Only individuals over the age of majority in their respective jurisdictions may register and open an account. To request an account and/or participate in any auction (including the purchasing and placing of bids) you MUST be legally capable of entering into a binding contract. Entities, companies, businesses, trusts, co-ops, charities, groups, or organizations of any kind are NOT permitted to register and open an account.

Registered users are solely responsible for the activity occurring in their respective accounts. Users are strongly urged to keep their usernames and passwords secured and never to allow anyone access to their respective accounts. Please read the Website Use Agreement for more details. Although Penny Auctions Canada will not be held liable for any losses caused by any unauthorized use of your account, you may be held liable for the losses of Penny Auctions Canada or others relating to any such unauthorized use.

Both Penny Auctions Canada and the registered user may close and terminate the said account, for any reason, with or without notice. If Penny Auctions Canada terminates the account for any reason other than a violation of the Auction Use Agreement, Web Site Use Agreement, and/or violation of law, Penny Auctions Canada shall refund the entire balance of any outstanding purchased bids (each as defined below) to the registered user either by cheque or any other means available. Payment will be mailed to the user's address on file only. If, without limitations to the above, the account remains inactive for at least 12 months, Penny Auctions Canada reserves the right to close or terminate the said account at anytime thereafter without prior notice of any kind. If such an event arises, Penny Auctions Canada shall refund the entire balance of any outstanding purchased bids (each as defined below) to the registered user either by cheque or any other means available. Payment will be mailed to the user's address on file only.

Penny Auctions Canada employees and their immediate family members are not, in any way, permitted to use this Website for any reason and are never eligible to participate in an auction, contest, or promotional event. Penny Auctions Canada products and services are intended solely and exclusively for account holders and users shall be liable for all activities occurring in their account.

Penny Auctions Canada hereby grants all users with a registered and active account permission to use the Website as set forth in these Auction Use Agreement, Website Use Agreement, and Purchase Terms and Conditions, provided that your use of the Website as permitted is solely for the purposes expressly agreed upon by Penny Auctions Canada, that you will not copy or distribute any part of the Website in any medium, that you will not alter or modify any part of the Website, and that you will otherwise comply with the terms and conditions of these Terms of Use. All users of the Website also agree and understand that the launching of any automated systems, including and without limitations, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Website servers in a given period of time quicker than a human could reasonably produce in the same period by using a conventional on-line web browser is strictly prohibited and will not be tolerated.

All Users agree and understand that the posting of any personal information including and without limitations, telephone numbers, addresses, first or last names, URLs or Email addresses, or any slanderous comments is strictly prohibited and will not be tolerated. Users also agree and understand that the posting of literature, advertisements, solicitations, banners, and/or SPAM of any kind is strictly prohibited and will not be tolerated. Users of this Website are not permitted to send any Emails to other users including, advertisements, junk Email or SPAM of any kind under any conditions. Penny Auctions Canada highly respects the privacy of our customers and users, and expects and encourages the same respect between all its users.

Penny Auctions Canada is proud to provide all customers with a safe, secure, and pleasant shopping experience.

Purchase of Bids

Each bid ("Bid"), placed by a user within an authorized and active account in connection with an auction must be purchased and paid for by the user prior to initiating such Bid. Bids are purchased only in packs or packages ("Packs") comprised of a minimum quantity at the currently applicable price(s). Payment for the bid packs must be made online by Paypal, Credit Card, or any other payment solution method that is available at that time.

Penny Auctions Canada will accept certified cheques or bank drafts from Canadian or United States of America government registered banks. However, if you choose this method, please allow up to 14 business days, after we receive your certified cheque, for cheque clearance. Never send cash. Once the cheque has been cleared, we will credit your account with the proper amount of bids.

Purchased bids or 'bid packs' are not refundable. Purchased bids or 'bid packs' are not transferable to another registered user's account unless the transfer transaction is requested in writing. Penny Auctions Canada will allow transfers of bids or bid packages from one account to another in most situations, however, we reserve the right to reject such a request for any reason, with or without notice. A request to transfer bids or bid packages from one account to another must be approved in writing by Penny Auctions Canada. Only Penny Auctions Canada may transfer bids.

In the event that payment by a user for bids, bid packs, or any products or services is returned, declined, rejected, or dishonoured for any reason, the user will be charged a .Payment Return. fee of $45.00 for each occurrence. It is the registered user.s sole responsibility to provide proper and legitimate payment and to ensure payment isn.t returned. Penny Auctions Canada will not be held liable or responsible for any returned payments. Without limitation to any other rights or remedies, Penny Auctions Canada reserves the right to suspend a user's account until all financial obligations are paid in full. Any user of the Website whose payment returns more than three (3) times, will have their account suspended and cancelled immediately with or without notice.

Bids Used in Marketing and Promotion

From time to time Penny Auctions Canada will conduct a marketing or promotional campaign targeting existing and/or potential customers. Any promotional bids that are presented to a user at either no charge, discounted rate, or as part of a bid pack won at a live auction, are valid until the end of a 90 day grace period and must be used up by then. If a promotional bid, or a bid pack that was won at an auction isn.t used up by the end of the 90 day period, it will be automatically void and removed from the user.s account. Only directly purchased bids have no expiry. When a bid is placed in an auction, one (1) bid is deducted from the user's account and can no longer be used. Users are prohibited from using bidding software not authorized by Penny Auctions Canada, including "robots."

Auctions

Each bid placed into an active ("Live") auction, increases the price of the product in that auction window by the amount specified, usually $0.01 (Penny). Each placed bid constitutes an irrevocable offer by such a user to purchase the product under the terms and conditions for such auction. Registered users cannot increase the bid price by an amount of their suggestion and may place as many bids into the auction as they see fit. Upon the completion of an auction, Penny Auctions Canada will accept the winning bid as an agreement for purchase of such product shall be made and be binding upon the winning user and Penny Auctions Canada under the Website Use Agreement

Unless otherwise presented in writing for each auction, each new bid placed resets the remaining time for the auction by the amount set for such auction, which is in addition to an increase in the purchase price by the amount reflected in such auction. The auction ends when the remaining time reaches zero (00:00:00). The user with the last (and highest) bid wins the auction, at the applicable purchase price. All other bids placed for the item expire and will not be refunded to any account or be eligible for a secondary use. The winning (last) bidder (registered user) is determined based upon our records and will be made under our sole discretion. The winning bidder of each auction will be directed to the "Winners" section to acknowledge the following details:

• Applicable auction and purchase information
• Item details
• Purchase price
• Shipping costs
• Payment options
• Shipping instructions
• Acknowledging the "Auctions Use Agreement", Website Use Agreement, Privacy Policy and Purchase Terms and Conditions.

If an item won has not been acknowledged and paid for within ten (10) days of the auction date, Penny Auctions Canada reserves the right to reject the offer to purchase the product with or without notice.

"System Down"

Although we at Penny Auctions Canada strive to produce and relay to our users the best possible product, we still depend on technology and other means beyond our control. In the unlikely event that a "system down" or a "system outage" has occurred, such that no bids can be submitted for items due to an unforeseeable disruption in our system, auctions will be temporarily halted and all data "frozen". Once the system has been restored and is working in the proper manner, the remaining times for the auctions, the current bid price, and the current highest bidder will be maintained. Once the auctions return to "live" or "running" status, all information will be restored to the last available moment before the "system down" time. As a courtesy to our customers, an additional 20 minutes will be added to any auction that was interrupted. Penny Auctions Canada maintains a high quality backup for all its data, but will not be found or held liable for any missing or lost data.

Auction windows that have been temporarily halted, or have experienced "system down" time, will be clearly indicated and emphasized. Users that place any bids into a temporarily halted auction will be unable to receive a refund for these bids. There is no credit or refund for bids used up in a halted auction.

Without limitation to other terms and conditions, Penny Auctions Canada will not be held liable for any damages occurring due to technical issues such as, system outage, Website malfunctions, missing or lost data, troubleshooting, constant and uninterrupted availability, or any other type of errors. Penny Auctions Canada reserves the right repair these issues in a timely manner, without being held responsible or liable for any inconvenience or damage this may cause.

Bids

Without limitations to other terms and conditions, Penny Auctions Canada will not be held liable for any damages that occur as a result of bids submitted by users that do not get registered through our Website, that do not get registered promptly, that are not being considered by the Website, or any other manner that results in a .wasted. bid, as a result of a technical failure. Penny Auctions Canada reserves the right repair these issues in a timely manner, without being held responsible or liable for any inconvenience or damage this may cause.

Auction Limits

In order to keep an enjoyable and favourable auction environment for all our customers we have placed some auction limits.

• Each user will be limited to only one (1) registered, active account per name, per household, per IP address. Penny Auctions Canada reserves the right to cancel or terminate any accounts that do not meet this requirement and aren.t bound to this limitation with or without notice.
• Users are limited to a quantity of purchases by the following:
• 6 items per a 24 hour period, comprised of a maximum of 3 items (products) and a maximum of 3 bid packs.
• Number of purchases are not to exceed a total of 30 (products + bid packs) in a given calendar month.
• Users having reached their auction limits that would like to enter a promotional contest or a charity auction, must receive written authorization from Penny Auctions Canada. Users must submit an Email stating which contest or charity auction they would like to participate in. Please send an Email to: customerservice@pennyauctionscanada.com. Please indicate the Contest or Auction Number that you would like to participate in. Once you receive confirmation with authorization, you may begin to bid in that specified auction. Penny Auctions Canada will under no circumstance refund, credit back, or ship any bids used or items purchased by users who have reached their limits and do not receive authorization to continue bidding. Penny Auctions Canada is committed to provide a safe, secure, enjoyable, and fair bidding environment for all our customers.

Please respect these limitations we set, as they are for the benefit of everyone using our site.