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1.1 The following terms and conditions shall apply to the business relationship between www.www.toucanwin.com and our clients (clients). by registering and/or using the website you the client agrees and recognizes all the following terms and conditions and agrees to abide by all the below rules and regulations. these terms and conditions constitutes the entire agreement between www.www.toucanwin.com and you the client. this agreement constitutes the complete agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous agreements, understandings, representations, discussions, proposals, literature, and the like, written or oral. this agreement may be modified at any time by www.www.toucanwin.com without verbal or written notice. please make sure you review the terms and conditions often for changes and modifications. if you have any questions please feel free to email us at [email protected]
2. Age of use
2.1 In order to use www.www.toucanwin.com you must be at least 18 years of age and legally able to engage in a legal and binding contract.
3. Buying products and Bids on our Website
3.1 To purchase bids or products you will need to follow the ordering procedures in the FAQ’s and help sections of this website. Details of our prices for Bid Packages, Products and the procedures for payment and delivery are displayed in the FAQ’s and help sections.
3.2 Any times or dates stated on our website for delivery are estimates only. We will make all reasonable effort to deliver goods within the time specified, but do not accept liability for any failure to deliver within that time.
3.3 You must pay by credit card, debit card or Paypal at the time of order. The price of any Product is the price in force at the date and time of your order. We may change the price of any Product before you place an order. We try to ensure that our prices displayed on our website are accurate but the price on your order will need to be validated by us as part of the acceptance procedure. We will inform you if a Product’s correct price is higher than that stated in your order and you may cancel the order and have your used bids on that item returned to you and decide whether or not to order the product at the correct price. The prices are exclusive of delivery costs and applicable taxes.
3.4 We are entitled to refuse any order for bids or product placed by you. If your order is accepted, we will confirm acceptance to you by online electronic notification (‘Confirmation’) to the e-mail address you have given us upon registration. The order will then be fulfilled by the date set out in the Confirmation or, if the Confirmation does not contain such a date, within 30 days.
3.5 You undertake that all details you provide to us for the purpose of purchasing Products which may be offered by us will be correct, that the credit card, debit card, PayPal information, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any goods or services. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.
3.6 Once an item is won you have 7 days from the auctions end date to purchase the item and complete the payment process. If you fail to complete the purchase within 7 days www.www.toucanwin.com reserves the right to terminate that auction and remove it from your “won” items. You will not receive any sort of refund for used bids or partial payments made on the “won” auction.
3.7 If www.www.toucanwin.com is unable to deliver a product that was won or purchased www.www.toucanwin.com will work with you to provide a suitable replacement item. If a replacement cannot be found www.www.toucanwin.com will refund you the purchase price of the item plus any bids placed on the item.
3.8 Shipping cost stated on an auction is for the 48 continental states of the United States of America. Additional shipping charges may apply for Alaska and Hawaii.
4. Modifications to Website
4.1 We reserve the right to make changes and/or corrections, alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it at any given time. Unless explicitly stated to the contrary, any new features including new content and/or the sale of new Products and/or the release of new software tools or resources shall be subject to these terms and conditions.
5. Information you provide to us
5.1 The following applies to any information you provide to us, for example during any registration or ordering process:
• You authorize us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our website by us, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties (together our ‘Partner Companies’).
• You must ensure that the Personal Information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested information.In addition, the following also applies to all messages, e-mails, bulletin boards postings, ideas, suggestions, concepts or other material submitted by you to www.www.toucanwin.com (‘Content’):
• You must own or have the right to submit Content for publication on our website and all Content submitted by you must be legal, honest, decent and truthful and comply with all applicable laws, regulations, standards and/or codes of practice;
• You must ensure that all Content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libelous or defamatory of any person or be otherwise unlawful.
• You must ensure that the Content does not advertise or otherwise solicit for funds or is a solicitation for goods or services; and
• www.www.toucanwin.com has the right to monitor content and may edit, reject or remove content if we believe it does not comply with the above and, in particular, we reserve the right to block incoming e-mails and other content if we believe that their content is or may be inappropriate or otherwise does not comply with the above.
5.2 You grant us a non-exclusive, irrevocable, royalty free, worldwide license to publish all content that you submit to us except any portion of the content that is Personal Information. You have sole responsibility for the content which you submit to us and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of content submitted by you to us.
5.3 You warrant and undertake that you will not use our website for any purpose that is illegal or prohibited by these terms and conditions, including without limitation the posting or transmitting of any libelous, defamatory, inflammatory or obscene material. If you breach these terms and conditions then your permission to use this website terminates immediately without the necessity of any notice being given to you. We retain the right to deny access to any person who fails to comply with these terms and conditions.
6.1 You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, e-mail verification and Toucan Winsword that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorized use of them or any other breach of security regarding our website that comes to your attention.
7. Applicability of online materials
7.1 Unless otherwise specified all content and materials published on our website is presented solely for your private, personal and non-commercial use.
7.2 We have used our reasonable endeavors to ensure that our website complies with the UNITED STATES OF AMERICA laws. However, we make no representations that the material on our website is appropriate or available for use in locations outside the UNITED STATES OF AMERICA. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our website and/or viewing of it, or use of any material or content on our website or services, or products offered through our website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorized to view or use our website and you must exit immediately.
7.3 We make no representations and give no warranties, express or implied that making the Products available in any particular jurisdiction outside the UNITED STATES OF AMERICA is permitted under any applicable non-UNITED STATES OF AMERICA laws or regulations. Accordingly, if making the Products or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you. You accept that if you are a resident outside the UNITED STATES OF AMERICA, you must satisfy yourself that you are lawfully able to purchase the Products. We accept no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside the UNITED STATES OF AMERICA or who are nominees of or trustees for citizens, residents or nationals of other countries.
8. Copyright and monitoring
8.1 The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is in our name, its affiliates or other third party licensors. All product and company names and logos mentioned in our website are the trademarks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of placing an order with us or using our website as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.
8.2 All logos and images are trademarked property of www.www.toucanwin.com . All rights reserved.
9. Linked sites
9.1 We make no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that we endorse or accept any responsibility for the content, or the use of, such a website and we shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
10. Availability of our Website
10.1 www.www.toucanwin.com will attempt to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.
11.1 We promise that for any Product you purchase from our website:• We have the right to sell the Product to you; and the Product will correspond with the description we have given to you.
11.2 We also promise that any service we provide to you will be provided with reasonable skill and care.
11.3 We exclude all other expressions or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any products (including without limitation the Products), our website or any information or service provided through our website.
11.4 We will do our best to ensure that all materials and information published on our website are accurate, but please note that all content, materials and information on our website are provided on an ‘as is’ basis and you assume total responsibility and risk for your use of our website and use of all information contained within it.
11.5 We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents other than as a direct result of purchasing Products (which shall be subject to the exclusions and limitation of liability set out in these terms and conditions), we accept no liability for this loss or damage whether due to inaccuracy, error, omission or any other cause and whether on the part of us or our servants, agents or any other person or entity.
11.6 If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Product concerned.
11.7 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
11.8 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
11.9 By accepting these terms and conditions you agree that www.www.toucanwin.com is not liable for any loss of time, property damage, loss of profits, personal injury or pain and suffering due to the use (where improperly or properly) of items sold on our website. If you have any issues with product sold on our website please contact the product manufacturer directly.
12.1 We may assign, transfer, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time.
12.2 We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on the website regularly. If you have any questions please feel free to email us at [email protected]
12.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
12.5 These terms and conditions and your use of our website are governed by US law and you submit to the non-exclusive jurisdiction of the UNITED STATES OF AMERICA court.
12.6 Except in respect of a payment obligation, neither you nor www.www.toucanwin.com will be held liable for any failure to perform any obligation to the other due to causes beyond www.www.toucanwin.com respective reasonable control.
12.7 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.
13. Tax and regulations
13.1 www.www.toucanwin.com follows all local and national tax laws and legislation for the sale of its products, services and bid packages within the United States of America.
14.1 www.www.toucanwin.com only allows 1 registered user per credit card. www.www.toucanwin.com may also at its own discretion limit the amount of registered users per household and the amount of auctions won by a person or account within a 30 day period. By accepting these Terms and Conditions, you agree not to have more than one account per household/per Credit Card with www.www.toucanwin.com . You may not register using a Post Office Box or an equivalent type of mailbox/ address.
14.2 When creating a user name you must choose a name that is not vulgar, offensive, disparaging to others or to www.www.toucanwin.com . Creating a user name that purposely misleads others or advertises any goods or services is strictly prohibited. Your username can also not violate any type of copy write laws or intellectual property rights. www.www.toucanwin.com at is sole discretion may freeze or close your account without notice if you create a user name that violates any of these conditions.
14.3 It is your responsibility to keep your Toucan Winsword and login safe and protected from others. By accepting these Terms and Conditions you agree that your account can not be used by anyone other than yourself, the registered user. Unauthorized use of your account due to the actions of you, the end user, will result in your account (at the sole discretion of www.www.toucanwin.com ) being temporarily frozen or closed permanently. www.www.toucanwin.com WILL report these types of violations to law enforcement. If you feel your account has been compromised please email us at [email protected]
14.4 www.www.toucanwin.com reserves the right to review all coupon codes, promotions and referrals for fraudulent actively. www.www.toucanwin.com at its own discretion can terminate any account that is suspected of such fraudulent activity that includes but is not limited to creating multiple accounts within the same household, creating multiple accounts under the same credit card, using fake names, abuse of the system, use of fake coupon codes, auto bidding bots or any other type of bidding program.
14.5 If you are found in violation of any of these Terms and Conditions www.www.toucanwin.com , at its sole discretion can terminate, permanently ban or freeze your account and withhold or cancel all your pending purchases and unused bids.
14.6 User accounts are non-transferable.
14.7 Bid packs and promotional bids are nonrefundable and expire after 12 months unless otherwise noted. Once a bid is placed on an item it is deducted from your account and cannot be credited back regardless of whether or not you win the item.
15. Auto Bidding
15.1 Auto Bidding allows you the user to place bids while you are not online or otherwise not available to bid on an auction. It is your responsibility to insure the information you enter is correct in the auto bid fields. www.www.toucanwin.com is not responsible for any bids lost related to Auto Bidding. Please refer to our FAQ’s for additional information on how Auto Bidding works.
16. Buy it Now Option
16.1 Buy it Now option is available to users who spend an average bid cost amount equivalent to 10% or more of the Auction’s Retail Value Price for approximately 2 Hours after Auction End.• Auction End Time is based on when www.www.toucanwin.com ’s server records the Auction has ended.
16.2 A Users Average Bid Cost is based on the amount of Bids they have purchased, including any free bids given to the user. www.www.toucanwin.com will use the following formula to determine each user’s average bid cost.Amount of Bids Purchased/Promo Bids X Amount of $ Spent on Purchased Bids= Users Average Bid Cost.
16.3 All Users eligible for the Buy it Now Option will be notified via email upon Auction End with their Buy it Now Discounted Price. Discounted Price is only good for the User ID that placed the bids on the item.
16.4 The system will use the Account’s lifetime Bids, Free Bids and Money spent on bids to provide the calculation. This calculation will be re-determined every time a user is eligible for a Buy It Now Auction.
16.5 A user’s discounted price will never exceed the Retail Value price of the item. If the value of bids placed is equal to or more than then Auction’s Retail Value Price, a user will Buy it Now for $0.00 plus any applicable shipping charges.
16.6 www.www.toucanwin.com has a maximum quantity of any one auction you can purchase using the Buy it Now Option. This Maximum Quantity is set to 1 per Auction.16.7 Purchasing Items through the Buy it Now option will follow all rules, regulations and policies listed in the Terms & Conditions.
17. System Outage or issue
17.1 If a system outage, software issue, or unforeseen disruption is to occur all auctions we be temporarily halted. The current bidding price and current highest bidder will be maintained. Once this disruption is fixed all auctions will be reset to its last known remaining time or a 5 minute countdown, whichever is greater. Users bidding on an auction or auctions that have been temporarily halted will not receive any sort of refund for used bids. www.www.toucanwin.com is not liable for any damages due to these unforeseen disruptions.
18. FAQ’s and Help
18.1 All information listed in the Help and FAQ’s sections of this website are merely suggestions and are not intended to be relied upon.
19.1 Every time you click on the “BID” button 1 bid will be removed from your pre-purchased bid pack. Once a bid is placed on an item it is immediately deducted from your account and cannot be credited back regardless of whether or not you win the item.
19.2 Every time the “BID” button is clicked, whether by you or another registered user, the auction price increases by a predetermined amount and the timer clock will reset to a predetermined time.
20.1 All products won and purchased on www.www.toucanwin.com are sold with only the manufacturer’s warranty. www.www.toucanwin.com makes no promises of a products functionality and reliability. Warranties are different for every product so please consult the warranty information provided with your item for details before contacting the manufacturer or www.www.toucanwin.com .
21.1 www.www.toucanwin.com will allow you to return a product you have purchased or won within 7 business days of delivery for any reason as long as the item is unopened and in its original packaging. To do so you must notify us in writing or other durable medium (including e-mail) within those 7 business days. You must arrange for and pay the costs of returning the product to us within 10 business days from receiving confirmation from www.www.toucanwin.com of acceptance of the return. Please insure all packages returned to www.www.toucanwin.com with your shipping provider of choice. You are liable for the item during the return shipping process. Once an item has been verified at www.www.toucanwin.com ’s discretion) as returnable you will be credited for the purchase price plus the shipping cost of the item within 30 days of www.www.toucanwin.com receiving the returned item. You will not be credited for any bids placed on the item. Some exceptions may apply. Please see individual auctions for additional details. Returns should all be directed to [email protected] clicking on the button marked ‘I Accept’ at the end of these Terms and Conditions and/or by using or accessing our website, you agree to be legally bound by these Terms and Conditions as they apply to your use of or access to our website. Terms and Conditions may be modified periodically and will be posted on our website as changes and/or updates are made.
21.2 If you do not wish to be bound by these terms and conditions then you may not use our website.