- Q-BALL LIMITED TERMS AND CONDITIONS
This auction will be conducted within the framework of the rules listed below
plus and other provision that may be added by the auctioneer via e-mail or as
posted on www.q-ball.ug. For the complete bidding terms and to register to bid
view online at www.q-ball.ug. This is not a gambling or lottery activity and is
strictly an auctioning site.
All registration information the Bidder provides to Auctioneer shall be current,
complete, and accurate. Bidders must be 18 years of age or older. Bidder agrees to
not use any device, software or routine to interfere or attempt to interfere with the
proper working of or any transaction being conducted on and during the auction
Access and use of any online auction site of Q-Ball Ltd. (collectively the “Site”) is subject to any and all specific terms and conditions set forth on any individual page within the Site and the terms and conditions of this User Agreement (collectively “Site User Agreement”) and all applicable laws and regulations, including but not limited to copyright and trademark laws. BY ACCESSING THIS SITE, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS OF THE SITE USER AGREEMENT and to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Site. Legal action will be taken against anyone violating the terms and conditions of the Site User Agreement or any other applicable law or regulation. Auctioneer reserves the right to periodically change the terms and conditions of the User Site Agreement and it is the Bidders’ responsibility to periodically review any and all changes made to these terms and conditions prior to each use of this Site. By using this Site, you agree in advance to accept any such changes.
To participate in the online bid or the unstructured supplementary service data (USSD), the bidder must remit ugx 1000 for each bid placed through the mobile money platform or by debit card and Ugx 1000 for each bid thereafter in increments of their choice, until the auction is closed and the highest bidder is declared.
All monies remitted for buying and placing bids are non-refundable.
Merchandise return/refunds: All items bid on and awarded to you as highest bidder are your property upon the final payment of your invoice which will be charged to the debit card you place on file at registration or on your mobile money account. By your registration you agree to accept all charges placed on the card that you used at registration, and that you waive any and all rights concerning charge backs or refund for any items charged off to you.
You will be suspended or permanently banned from the Site if you provide false information when registering, such as a false name or fraudulent contact information. You will be permanently banned from this Site if you are the successful Bidder and you do not honor your auction bid. Q-Ball Limited. (Hereinafter “Auctioneer”) use of e-mail addresses is strictly limited to contact Buyers and Owner/Sellers; any use of this private information by you is strictly prohibited.
Settlement for payment for purchases must be made by debit card on file or through mobile money account unless otherwise noted in a specific auction's terms and conditions. All sales are subject to Uganda’s Tax laws. The Buyer must acknowledge and agree not to retract the purchase offer. Buyer shall be responsible for making arrangements for merchandise removal.
The Site User Agreement constitutes the final expression of the parties’ agreement and a complete and exclusive statement of the terms of the sale. The IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, ARE SPECIFICALLY EXCLUDED from this sale and transaction and shall NOT apply to the merchandise that is the subject of these sales. Auctioneer does not have control over the item/lots that are posted in the Site, and cannot guarantee the authenticity and quality of said product. Auctioneer is not responsible for the actions the Owner/Sellers and Buyers take before, during, and after the auction, typographical errors, misprints, loss of merchandise/money, damage or failure of equipment, due to your visit to this auction site. Use of this site is at your own risk.
Despite efforts to avoid the withdrawal of item/lots from the sale after they are listed it may sometimes be necessary. Auctioneer and the Owner/Seller reserve the right to do so at any time before or during the sale. The Owner/Sellers of property sold through this Site reserve the right to reject any and all bids in their sole discretion.
Buyer will be furnished a receipt at the conclusion of the sale.
Merchandise becomes the full responsibility of Buyer at time of PAYMENT, and Buyer assumes all risk of loss and damage to property until removed from sale premises. If merchandise is not removed from the auctioneer’s within Thirty days after the final removal date, the ownership of the merchandise will revert back to the original Owner/Seller and the Owner/Seller may dispose of or resale the item/lot at their discretion.
The Auctioneers do not ship purchased items to the highest bidder. However, the auctioneers may hand over the purchased item to a designated proxy of the purchaser`s choice. Please instruct the proxy of your choice to arrange for the packaging and picking up your purchased items. Your items will be released as soon as payment clears our account. We request that the proxy schedules a pick up time at least 24 hours in advance, this will insure no delays in pick up, and release of your purchases.
No adjustment will be made with regard to merchandise inventory after item/lot has been removed from the premises or after the removal date posted by Auctioneer, whether or not the property has been removed. Auctioneer reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the auction sale.
A Buyer or successful bidder shall undertake not to resale the item purchased within a year of purchase.
Auctioneer’s designation of the Buyer shall be final. Bidding will generally open at prices pre-determined by the Auctioneers and advance in increments that will determine the highest bidder for each auction event.
Bidder accepts responsibility for and agrees to indemnify, defend and hold harmless each Owner/Seller and Auctioneer and their employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents and representatives from and against any and all claims, losses, damages, liabilities, judgments, fees, costs and expenses (including reasonable attorneys’ fees and expenses) related to, arising from or associated with Buyer’s, his agents or representatives, use of the Site, including but not limited to personal injuries or property damage incurred on the sale premises or during removal and transport of any auction item/lots, and arising out of, based upon, or resulting from any breach or violation by Bidder of this Site User Agreement or any use by Bidder of the Site or as a result of a dispute with another Bidder.
Auctioneer is providing services as an independent contractor for the Owner/Seller only and is not responsible for statements made by other parties.
This Site User Agreement constitutes a binding agreement between Bidder and Auctioneer until terminated by Auctioneer, which Auctioneer may do at any time, without notice, in Auctioneer’s sole discretion. If Bidder dissatisfaction occurs with the auction sale in any way, Bidder's only recourse is to immediately discontinue use of the auction Site. Auctioneer reserves the right to terminate Bidder registration and use of the auction Site, and impose limits on certain features of the auction Site or restrict Bidder’s access to, or use of, part or the entire Site without notice or penalty.
Auctioneer cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Site. Bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. The Auctioneer, in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any item/lots that were affected by any malfunction. The decision of the Auctioneer is final.
Auctioneer gathers information about Bidders and Owner/Sellers for the purposes of conducting online auctions. Auctioneer does not sell or rent this information.
Auctioneer uses email mailing lists, Facebook, Tweeter, Instagram, WhatsApp and any other social media platforms to notify its customers about online and live auctions. If you are receiving a particular mailing and wish to discontinue receiving future mailings, simply forward the received email to the Auctioneer to have your name promptly removed from our list.
As a Bidder, placing a bid is a binding contract between you and the Owner/Seller and the bid cannot be retracted. Once you place a bid, and if you win, you will be obligated to buy the product at the said price you indicated as your bid. The Owner/Sellers of property sold through this Site reserve the right to reject any and all bids, in their sole discretion.
Q-Ball Ltd. undertakes the execution of online bidding as a convenience for clients and is not responsible for any inadvertent failure to execute bids, or for any error in the execution of bids.in the event of a tie bid, the auctioneers shall request the two highest bidders to re-place their bids in order to break the tied bid.
As a Bidder you are responsible for any bids placed under your bidding number and password. The security of your Bidder information is your sole responsibility as you, the Bidder, will be responsible for any and all bids placed under your number. If at any time you feel that your Bidder number and password have been compromised due to lack of security on your part you must notify Auctioneer immediately.
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the content contained herein without our prior, express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Site without prior, express written permission of Auctioneer. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
No legal advice is intended or implied by anything contained within the Site. No obligation, liability, responsibility, accountability or burden is undertaken, assumed or otherwise imposed by maintaining the Site.
Any controversy or claim arising out of or relating to this Site User Agreement shall be settled by binding arbitration in accordance with the Arbitration and Conciliation Act, Cap. 4. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted at CADER, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Auctioneer may seek any interim or preliminary relief from a court of competent jurisdiction in Uganda necessary to protect the rights or property of Auctioneer pending the completion of arbitration. You and Auctioneer are independent contractors, and no agency, partnership, joint venture, employee or franchiser-franchisee relationship is intended or created by this Agreement.
The Bidder acknowledges that this is not a game of chance or gambling but rather a “winner take all” transaction where the highest bidder “wins” the auction item.
The Site User Agreement and any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with, the laws of Uganda applicable to contracts entered into and to be performed entirely within Uganda. If any provision of this Site User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced. The Auctioneer’s failure to act with respect to a breach by the bidder or others does not waive the right to act with respect to subsequent or similar breaches. This Site User Agreement sets forth the entire understanding and agreement between the auctioneer and the bidder with respect to the subject matter hereof.