Terms of Use

Last Updated: June 7th, 2019

Each Auctionmall auction is sponsored by Auctionmall and Auctionmall's brand partners, and is no way sponsored, enforced, or administered by, or associated with, Apple, Inc.

Welcome to Auctionmall! These Terms of Use (the "Terms") apply to your use of the Auctionmall ("Auctionmall," "we," or "us") online interfaces and properties, including the Auctionmall.in website and Auctionmall mobile applications (the "Site"), and the buying of or bidding on goods or other services offered by Auctionmall through the Site. These Terms are a legal agreement and your use of Auctionmall's Services constitutes your acceptance of the Terms contained herein and Auctionmall's Privacy Policy incorporated herein by reference. You must register and accept these terms in order to use the Services. If you do not agree to these Terms or the Privacy Policy, you may not use the Services or any other services provided by Auctionmall. BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.

READ THESE TERMS CAREFULLY BEFORE ACCESSING THIS SERVICE OR THE SITE, OR CLICK-ACCEPTING THESE TERMS WHEN REGISTERING TO USE THE SERVICES. THESE TERMS HAVE LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS. BY AGREEING TO THESE TERMS, YOU ARE WAIVING YOUR RIGHT TO SUE IN COURT, YOUR RIGHT TO A TRIAL BY JURY, AND YOUR RIGHT TO BRING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING AGAINST AUCTIONMALL. AS USED IN THESE TERMS, THE SITE MEANS THE ENTIRETY OF THIS WEBSITE AND MOBILE APPLICATIONS INCLUDING, BUT NOT LIMITED TO, ALL CONTENT, SERVICES, INFORMATION, AND ANY PORTIONS THEREOF. THE AUCTIONMALL SERVICES ARE ANY SERVICES OFFERED OR PROVIDED BY AUCTIONMALL AND THE SERVICES AND THE SITE ARE COLLECTIVELY REFERRED TO AS THE SERVICES.

BY BUYING OR BIDDING FOR PRODUCTS OR BY OTHER USE OF THE SERVICES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THESE TERMS, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS.

THE AUCTIONMALL SERVICES ARE OFFERED AND MAY ONLY BE USED BY PERSONS OVER THE AGE OF 18. BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE OVER THE AGE OF 18, YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH AUCTIONMALL, AND THAT YOU MEET ALL OF THE ELIGIBILITY REQUIREMENTS DESCRIBED IN THESE TERMS. YOU MAY NOT ORDER, BID, PURCHASE, OR OBTAIN PRODUCTS OR SERVICES THROUGH THE SERVICES IF YOU (I) DO NOT AGREE TO THESE TERMS, (II) ARE NOT THE OLDER OF AT LEAST 18 YEARS OF AGE OR LEGAL AGE TO FORM A BINDING CONTRACT WITH AUCTIONMALL, OR (III) ARE PROHIBITED FROM ACCESSING OR USING THE SERVICES' CONTENTS OR GOODS BY APPLICABLE LAW.

Auctionmall will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, Auctionmall may restrict access to some or all parts of the Services to users, including registered users.

When using the Auctionmall Services, a user may spend money on virtual credits such as Bids without receipt of physical items. You are solely responsible for your spending, bidding, and purchasing when using the Services. Auctionmall is not responsible or liable for your bidding or spending on Auctionmall or through any of the Services. Furthermore, you are solely responsible for, and Auctionmall is not responsible for and shall not be liable for, any items that you bid on or purchase through the Services. It is your sole responsibility to only purchase items that you have fully read the product descriptions of and are familiar with. You are solely responsible for your purchases.

  1. Changes to these Terms

Auctionmall reserves the right to withdraw, change, or modify these Terms, the Services, or any policy or guideline related to the Services, at any time and from time-to-time in its sole discretion, without notice. Any changes will be effective upon posting of the revisions on the Site and it is your responsibility to check these Terms each time before using the Services so you are aware of any changes, as they are binding on you. Your continued use of this Site and the Services following our posting of them will constitute your acceptance of such changes. IF YOU DO NOT AGREE TO THESE TERMS OR ANY MODIFICATION, DO NOT REGISTER OR CONTINUE TO USE THE SERVICES.

  1. Eligibility

Only residents of the aforementioned countries are allowed to use the Service. Auctionmall reserves the right to restrict availability of auctions and delivery of items based on the country of the user. The country of the user is identified based on their IP address. The user is responsible for notifying Auctionmall at [email protected] in case of their country of residence is identified incorrectly.

Items purchased through the Services may only be delivered to the continental United States. Auctionmall does not deliver to PO Boxes or to freight forwarding companies. Auctionmall may decline shipping to RR boxes. Please contact support before placing an order if you wish to use an RR box.

  1. General Policies

The Auctionmall policies accessible throughout the Site are expressly incorporated by reference into these terms, and you should review each carefully. The procedures and guidelines contained below explain the auction process. The Auctionmall governs the collection and use of user information on the Site. The FAQ provides additional detail on how the Services work, and the House Rules set out important details governing every user's rights and obligations.

  1. Contractual Obligations

The auction process is a method in which the Site solicits offers from buyers for the sale of lots. By submitting bids, you are making a legal offer to buy the lot. Once a bid is accepted, a contract is created between the buyer and the Site for the sale and purchase of the lot in accordance with the terms disclosed at the time of the auction. By using the Services and bidding on a lot, or by using the 'Buy It Now' function, you agree to complete the transaction as described and fulfill any and all contractual obligations.

  1. Access to Systems

You are prohibited from violating or attempting to violate the security of the Services, including, without limitation: (i) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (iii) accessing or using the Services or any portion thereof without authorization, in violation of these Terms or in violation of applicable law.

You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers, or other measures we may use to prevent or restrict access to the Site.

You agree not to interfere with the Site, Services, or any transaction and agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity being conducted on or through the Services. You agree not to impose any unreasonably or disproportionately large load on Auctionmall's systems or facilities. You agree not to put any material on the Site that contains any viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information. Violations of system or network security may result in civil or criminal liability. Auctionmall will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

  1. Bidding

Each Auctionmall bid (a "Bid") is a limited, non-transferable, one-year license to place one bid on a Auctionmall auction. Bids have no monetary value; are not credited against the purchase price of products purchased on the Site; and may not be exchanged for money or any items of monetary value.

Due to the billing of charges, Auctionmall would like to advise all users to monitor their bidding practices. Repeated online bidding can incur high costs. Users should therefore pay attention to their bidding practices.

  1. Fraud and Other Restricted Behavior

You acknowledge that in order to maintain fair and honest auctions, Auctionmall retains the right to monitor and enforce any fraudulent or malicious activity on the Site. You acknowledge that you have read what these activities include, but are not limited to, in these Terms, the "House Rules" policy, and you agree not to engage in any of these, or any other fraudulent or malicious activities. As stated herein, Auctionmall reserves the right to temporarily or permanently suspend any user account engaged or suspected to engage in any such activities.

You may not register and make bids under a false name or with an invalid credit card. Such fraudulent conduct is a violation of federal and state laws. Fraudulent bidders may be reported to relevant state and federal law enforcement agencies and Auctionmall will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

A bidder may not resell any product or service obtained through the Site and Services without prior written consent from Auctionmall. Moreover, a user may not use the products to create any investment scheme, commodities contract or pool or otherwise to use Auctionmall as a product delivery mechanism for a brokered or 'middleman' agreement or obligation. If it is discovered that a user is, in fact, reselling products obtained from Auctionmall, we reserve the right to suspend the account without further notice, voiding all auctions in which the user has participated. Additionally, the user may be required to compensate Auctionmall for any damages.

Auctionmall reserves the right to refuse any order you place with us. Auctionmall may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, geographic region, and/or orders that use the same phone number, billing and/or shipping address. In the event Auctionmall changes or cancels an order, Auctionmall will attempt to notify you by contacting the e-mail, billing address and/or phone number provided at the time the order was made. Auctionmall reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers, distributors and others who violate these Terms.

No user may permit or assist others to use the Services for any purpose other than that for which they are intended. A user shall not permit or assist others to abuse or fraudulently use the Services, including but not limited to the following:

  • Obtaining or attempting to obtain service by any fraudulent means or device with intent to avoid payment;
  • Accessing, altering, or destroying any information of another Auctionmall user by any fraudulent means or device, or attempting to do so; or
  • Using Services so as to interfere with the use of Auctionmall network by other users or authorized users, intentionally or not; or in violation of the law or in aid of any unlawful act.

Each user acknowledges that Auctionmall's network may only be used for lawful purposes. Auctionmall reserves the right to monitor all network activity. While using Auctionmall, each user agrees to refrain from the following prohibited acts:

  • Maintaining more than one account or maintaining control or influence over more than one account;
  • Infringing upon the intellectual property of Auctionmall, establishing a competing site, or otherwise copying or using the data on the Site for any reason other than bidding on products for the bidder's own use;
  • Manipulate the bidding process by placing fictitious bids, colluding with other parties to create the illusion of volume ('marking the close' or 'painting the tape'), or engaging in any other disingenuous or fraudulent activity that undermines the integrity of the online market;
  • Breaching Auctionmall's policies;
  • Attempting to harvest or otherwise collect information about users, including email addresses;
  • Attempting to upload or download any computer virus;
  • Attempting to transmit via email any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of email solicitation to other users;
  • Attempting to communicate with other users to promote or provide instructional information about illegal activities, promote physical harm, or injury against any users.
  • Viewing and/or downloading or uploading pornographic pictures or stories.
  • Attempting to attack other people's internet connections, Web Sites or computers, or damage or deface anyone else's Web Site.
  1. Collusion/Team Play

Any kind of collusion or team play is strictly forbidden on Auctionmall. By definition, this includes, but is not limited to, two or more members working together as a team, or creating the impression that there are more people involved and competing to win an auction than there actually are, or placing bids until Buy it Now offers are earned and then switching over to another account to continue to earn further Buy it Now offers on the same deal.

Auctionmall does not allow two members that know, or are associated with, each other to participate in the same auction. Two members participating in the auction are by definition engaging in team play, and automatically lose their right to purchase the Deal or receive any of their spent bids back.

We reserve the right to disqualify, in our absolute discretion, any users we suspect to be working in a team by voiding all their wins and freezing their accounts. No funds or Bids will be returned or transferred into other accounts. If a user is found to have violated these Terms, any free Bids provided to them and used, including those provided in the past, must immediately be paid for by user at their current selling price.

  1. Passwords/Equipment

You may not disclose your username and password to any third party and you agree that you are solely responsible for any use of or action taken under your account. Your password may be used only to access and use the Services. If your user credentials or password is compromised or otherwise disclosed, you must notify Auctionmall and change your password immediately in order to minimize your risk of loss. You are responsible for providing and maintaining all equipment necessary to use the Services, including, without limitation, computer hardware and software, modems, network or Wi-Fi connections and telephone service. Further, you are solely responsible for (a) maintaining the security of your personal information, including, without limitation, account and login information, passwords, and financial information; (b) all telephone and toll charges which may apply to your account depending on your location; and (c) any other charges resulting from the use of your account.

  1. Investigation of Violations

We may investigate any violation of these Terms, our policies or guidelines, or any other complaints and take any action that we deem appropriate and reasonable under the circumstance to protect our systems, facilities, users and/or third parties. Our actions may include, but are not limited to, issuing warnings, suspension or termination of the Services or any user accounts, and/or removal of or disabling access to content hosted on Auctionmall's systems. We reserve the right and have absolute discretion to remove or disable access, screen, or edit any content that violates these provisions or is otherwise objectionable. Auctionmall also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials.

  1. License

By using the Services and submitting any information or materials to Auctionmall ("Licensed Materials"), you hereby grant us a non-exclusive, worldwide, royalty-free, irrevocable, and sublicensable right to use, reproduce, modify, display, and distribute the Licensed Materials, in any existing or future media, known or unknown. Any Licensed Materials you provide to Auctionmall will be considered non-confidential and non-proprietary. You agree not to use the Services to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms, including the Content Standards set forth below. You acknowledge and warrant that you have the right and authority to provide such license to Auctionmall. You understand and acknowledge that you are responsible for any Licensed Materials you submit or contribute, and you, not Auctionmall, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. Auctionmall is not responsible, or liable to any third party, for the content or accuracy of any Licensed Materials posted by you or any other user of the Services. Auctionmall has the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

You understand and agree that Auctionmall or its licensors hold all right, title, and interest to the Services and all intellectual property, material, content, and features provided through the Services, and the design, selection, and arrangement thereof. The foregoing applies regardless of (i) the form of intellectual property, (ii) how it was provided to you, or (iii) your geolocation. You understand and agree that you may only use the content available provided to you through the Services, unless otherwise expressly provided by Auctionmall.  You may not conduct the following activities through the Services: (a) any resale or commercial use of the Site or Services, (b) the collection and use of any e-mail or user information, ratings, or listings; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods.

You agree not to make use of any other users' information other than as necessary to participate in the Site and to complete any transaction in which you are involved. Specifically, you agree that with respect to any information disclosed to you by Auctionmall regarding another user of the Services, you only will use such information, unless otherwise authorized, (a) to complete transactions originating from the Site, including the use of third-party services, (b) for communications with us, or (c) as permitted by the corresponding user identified in such information. You agree not to disclose any user information disclosed to you by Auctionmall except as provided by these Terms or with our written consent. You further agree not to use any information accessible from the Site for purposes of solicitation, advertisement, or spamming, or which is harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.

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