Effective March 1, 2012
Updated July 17, 2012
1. SUMMARY
The following Terms and Conditions shall apply exclusively to relationship between PENNY WIZARD™, a Nevada LLC, along with its internet platform http://www.PennyWizard.com (collectively referred to as “PENNY WIZARD™”) and its USERS and our USERS (collectively referred to as “YOU, “YOUR”, “USER” and “USERS”). By using PENNY WIZARD™, the USER accepts the following Terms and Conditions, as well as the manner in which PENNY WIZARD™ and its "BID WIZARD" operate as described on the WEB SITE. PENNYWIZARD.com and any other WEB SITEs owned or operated by PENNY WIZARD™, LLC or any portions thereof (collectively, the “WEB SITE”) and any resources, features, functionality, or SERVICES made available through the WEB SITE (hereafter referred to as "SERVICE"). PENNY WIZARD™, reserves the right at any time and in its sole discretion to modify or discontinue, temporarily or permanently, the WEB SITE or the SERVICE (or any part thereof) with or without notice. YOU agree that PENNY WIZARD™ shall not be liable to YOU or to any third party for any claim or loss related to YOU and arising out of such modification, suspension, or discontinuance of the SERVICE. Variations or alterations in the following Terms and Conditions shall only be binding upon PENNY WIZARD™, if agreed to in writing.
2. ACCEPTANCE
YOUR access to and use of the WEB SITE signifies that YOU have read, understand and agree to be bound by these Terms and Conditions, whether YOU are or are not a registered USER of PENNY WIZARD™, and is subject to YOUR compliance with these Terms and Conditions. PENNY WIZARD™ reserves the right to change, add, or delete any portions of the Terms and Conditions from time to time, without liability or prior notice to YOU, and YOUR continued use of the WEB SITE constitutes YOUR acceptance of and agreement with any and all such changes. It is YOUR responsibility to regularly check the WEB SITE to determine if there have been changes to the Terms and Conditions and to review such changes. If YOU do not agree to abide by these or any future Terms and Conditions, do not access or use (or continue to access or use) the WEB SITE. In addition, PENNY WIZARD™ may post additional terms, conditions, rules or requirements related to the WEB SITE and/or its SERVICES and features, including but not limited to PRIVACY POLICY, RETURN AND EXCHANGE POLICY, HOW IT WORKS, ABOUT US, BIDDING RESPONSIBLY, BIDDING STRATEGIES, and FREQUENTLY ASKED QUESTIONS (“FAQ”). All such terms, conditions, rules, or requirements are or will be incorporated by reference into these Terms and Conditions and YOU agree to be bound by and subject to them. At its sole discretion, PENNY WIZARD™ also may offer other SERVICES or features governed by different Terms of Use. In addition, by access to and use of the site, YOU authorize PENNY WIZARD™ to e- mail you at anytime certain notices, promotions, newsletters and/or advertisements pertaining to PENNY WIZARD™.
3. REGISTRATION AND WIN LIMITS POLICY
By placing a bid on PENNY WIZARD™, the USER declares that they are legally capable of entering into binding contract(s) and that they are at least 18 years old. PENNY WIZARD™, products and SERVICES are offered exclusively to private USERS and not to commercial or partly commercial resellers. PENNY WIZARD™ reserves the right to exclude commercial resellers from the participation in the auctions and to close their USER account(s) at any time. Each USER may register only once using their email address. Additionally, only one USER registration per person is permitted. No residents of Utah will be permitted to participate in the site.
During the registration process, the USER must choose a Username. The Username must not be offensive, be selected to deceive or misinform other USERS, may not offend common decency or infringe upon the rights of third parties. If PENNY WIZARD™ receives information of a Username which is illegal or in breach of these Terms; this Username can be amended by PENNY WIZARD™ without notice. The corresponding USER password is to be kept secret by the USER. USER accounts created during registration are nontransferable. The USER account may be used only by the USER and not by anyone else. Any abuse of the USER account, be it to the detriment of third parties or to the detriment of PENNY WIZARD™, shall result in the disqualification of the USER and the reporting of a crime. In general, the USER shall be liable for all activities that are undertaken using the USER account together with the associated password.
PENNY WIZARD™ reserves the right to temporarily or permanently disqualify a USER, or disable their account at any time, and at its sole discretion. USERS will be disqualified when in the reasonable opinion of PENNY WIZARD™; a USER has violated any laws or the rights of third parties. A USER will be disqualified if such action will protect the rights of other USERS, or to prevent unauthorized manipulation or use of PENNY WIZARD™. Examples of such unauthorized usage include (but are not limited to) nonpayment of bids, use of unauthorized third-party bidding software or set up of multiple USER accounts by the same individual. In case of a breach of these Terms, PENNY WIZARD™ reserves the right to withhold deliveries or refunds for bids.
PENNY WIZARD™ reserves the right to limit the number of auctions a USER may participate in or the number of successfully finished auctions at its sole discretion ("Win Limits Policy"). In particular, Penny Wizard reserves the right to limit in its sole discretion the number of user accounts per household and the number of won auctions per user account. A single credit card may not be used in conjunction with multiple user accounts. Penny Wizard limits the number of user accounts per natural person and/or per household to one (exceptions may apply – contact customer support with any questions at support@pennywizard.com.) A single user account may win a maximum of twelve (12) auctions in a thirty (30) day period, seven (7) auctions in a seven (7) day period and three (3) auctions in a twenty-four (24) hour period. A single user account may not win multiple auctions if the aggregate Retail Value of the items in those auctions exceed $200 per twenty-four (24) hour period, $400 per seven (7) day period and/or $1200 per thirty (30) day period. However, in the event a user reaches their limit(s) and has previously bid on other live auctions prior to reaching those limits, then in that event the bids already placed in those auctions shall remain valid and the user may win that item.
4. PURCHASING BIDS
Bidding rights ("bids") must be purchased and paid for by USERS prior to placing bids in an online auction. Bids can be purchased in Bid Packages at the current applicable prices, which can be viewed in "My Penny Wizard" under "Buy Bids". Payment can be made by credit/debit card.
Should a payment not be honored by a USER, a returned payment fee will be charged. The USER will be responsible for these fees. PENNY WIZARD™ reserves the right to block access to the USER's account until payment in full of the invoice amount, including any fees due to returned payment etc., and to withhold any outstanding deliveries until payment is received in full.
Paid Bids are valid for 6 months from the date of purchase. Free Bids are valid for 45 days from the time they have been deposited into YOUR account. Upon expiration, Bids become void and can no longer be placed. Once a Bid is placed in an auction, it is deducted from the USER's account and can no longer be refunded. However, if you win with either BID WIZARD or POWER WIZARD and have remaining unused Bids from that auction, the unused bids will be returned to your account. Refunds will not be issued for Bids placed in an auction or expired Bids.
Penalties for charge-back requests / payment disputes
Penny Wizard reserves the right to temporarily freeze any accounts that are involved in any payment disputes or charge-back requests. This relates to all accounts that are connected to the dispute, including but not limited to accounts that have at any given time shared the same shipping address, billing details, network address or any other indication of being connected.
5. BIDDING, BID WIZARD, & POWER WIZARD
USERS can bid in several ways online. A single Bid can be placed manually by clicking on the relevant bid buttons, or can be placed automatically by BID WIZARD or Power Wizard.
BID WIZARD allows you to bid on auctions even when you do not have the time to be on your computer. It will automatically place a bid(s) for you within the last seconds of the auction clock. It's also a safe way to make sure your bid (s) is placed if you get distracted or have problems with your internet connection.
Here's how you use BID WIZARD:
1. Our system requires that a "single" bid be placed in the auction before you set up your Bid Wizard or Power Bid Wizard (this is a way for us to make sure that the person intended to bid on that auction).
2. Add the number of bids you want to place within the price parameters you determine and click BOOK a Bid Wizard from the auction page. (ie: start bidding at .24 to 1.05 x amount of bids) The Bid Wizard will NOT start bidding until the auction reaches the .24 and it will STOP at $1.05. If you run out of bids before it reaches the $1.05 it will also STOP bidding!
3. As long as you have bids left in your account, and all the other parameters are met Bid Wizard will automatically place a bid(s) for you within the last seconds of the auction if the auction price is within your price parameters at that time and only if you are not the highest bidder.
4. If you win with your BID WIZARD and have remaining unused bids, the unused bids will be returned into your account.
Here's how you use POWER WIZARD:
1. Our system requires that a "single" bid be placed in the auction before you set up your Bid Wizard or Power Bid Wizard (this is a way for us to make sure that the person intended to bid on that auction).
2. Add the number of bids you want to place within the price parameters you determine and click BOOK a Power Wizard from the auction page. (ie: start bidding at .24 to 1.05 x amount of bids) The Power Wizard will NOT start bidding until the auction reaches the .24 and it will STOP at $1.05. If you run out of bids before it reaches the $1.05 it will also STOP bidding!
3. As long as you have bids left in your account, and all the other parameters are met Power Wizard will automatically place a bid(s) for you throughout the auction if the auction price is within your price parameters at that time and only if you are not the highest bidder.
4. If you win with your POWER WIZARD and have remaining unused bids, the unused bids will be returned into your account.
POWER WIZARD is different from BID WIZARD in that the bidding begins at any time during the auction.
**Please note that the Bid Wizard and Power Wizard will take the first bid placed in the auction from your "paid" bid account after that it will bid using both accounts.**
6. HOW THE AUCTIONS WORK
Unlike most traditional auctions, where the highest bidder wins the item you only have to be the last bidder to win the item The price of each item starts at $ 0.00 and every time a member bids each bid adds $ 0.01 (1 cent) to the end price. The auctions usually last 24 hours, however, the auction may be extended as each new bid resets the remaining time for an auction up to, but not above, the displayed countdown reset time value specified for the Auction Type (usually 15 or 30 seconds). When a bid is placed, the bid will be deducted from the members account. The auction closes when no more bids are placed and the timer doesn't reset. The auction timer will wait for an additional 3 seconds for any placed bids to reach our servers before closing the auction. This allows another member the opportunity to bid if interested. It's just like the auctioneer shouting “Going once...Going twice...SOLD!”
Some of the auctions have a “Buy It Now” feature and during these live auctions and up to one hour after an auction closes if you are not the last bidder - you can choose to purchase the item with our "Buy It Now” feature at the retail value of the item listed in the auction. The cost of the bid for such credit will be determined by the lowest price paid for each bid on all the remaining bids in your account. Please note, the "Buy It Now" feature can only be used it you are not the winner of that auction and can only be used 10 times per month per user. All bids used in the auction are non-refundable even if the BIN feature is used.
In order to get started and bid on an item, you must do the following:
1) You must register where you will be required to confirm your e mail address. Once the registration is complete, we will send you a confirmation email with a link that you need to click in order to activate your account. Once you login in you are given 10 FREE bids just to get use to how the site works.
2) You are now a member of Penny Wizard and now you can purchase “Bids”, which will allow you to participate in the auctions. The price per bid will vary depending on the Bid Package you choose and whatever special promotions we may be offering. Bid Packages come in packs of 5,10,15, 50,100,150, 250,500 and 1000. We offer free bids with increased quantities. See “How Much Are Bids” under FAQ or under your profile page.”
3) You will need to pick the item or items that you're interested in and start bidding. You can either place a single bid at a time or use our Bid Wizard/Power Wizard feature. If you are the last bidder after the auction closes, you win the item at the final agreed upon price. If you win the item, you will receive an e mail stating that you won the auction with instructions to tell you how you can pay for the item. Once the item is paid for, the item will be shipped and a tracking number will be sent to you so you can anticipate the delivery date of the item.
7. ACCEPTANCE OF THE WIN/PAYMENT
After an auction has ended, the last bidder ("winner") must go to "Won Auctions” in their Profile. Here, information such as total price (including shipping, handling and processing fees) and payment options will be displayed. The USER must actively confirm and pay the total price (auction closing price plus shipping costs) for the win by following the steps indicated on that page or elsewhere on the WEB SITE. Once the winner has clicked on the confirmation button, the win is accepted. If an auction win has not been confirmed and paid within three days (3) of the auction end date, PENNY WIZARD™ reserves the right to withdraw the offer to conclude a contract and the winner's right to pay for and receive delivery of an item will be permanently revoked. If USER has too many unclaimed or unpaid for “won auctions” Penny Wizard reserves the right to close their account without prior notice. All bids placed in that auction expire and are nonrefundable. The USER must pay the total price when confirming the win. After confirming the win and paying the amount due, the winner will receive a confirmation e-mail.
The item will not be sent to the USER until the total price has been paid to PENNY WIZARD™. A similar requirement for delivery is that all bids bought and used by the USER have been properly paid for. Should bids that have already been bought and used not have been paid for, payments received shall be viewed as payment toward the bids not yet paid for, and we reserve the right to retain the item bought at auction until all bids and the total price have been paid for in full. PENNY WIZARD™ reserves the right to charge the winner reasonable storage charges for items not paid for.
An invoice containing the auction price and shipping costs will be sent to the USER by PENNY WIZARD™ once delivery has been arranged.
8. RETURNS AND EXCHANGES
All products bought from PENNY WIZARD™ are subject to the following Return and Exchange Polices, with the exception, of Bid Packages, which are nonreturnable and nonexchangeable:
RETURNS
If, within five (5) business days of delivery of a product, you notify us that you no longer want the product for any reason whatsoever and wish to return it, PENNY WIZARD™ will refund the amount that you paid for the product, excluding the cost of Bids, excluding the cost of any Bids credited against the purchase price of the item if any, in the event the item was purchased by using our “Buy It Now” feature, and excluding any original delivery costs, provided that you:
(I) Send an email to returns@pennywizard.com within the five (5) business days indicating that you desire to return the item; and
(II) Return to PENNY WIZARD™ via fax to 972.361.1054 or e-mail to returns@pennywizard.com, a copy of the original receipt and Return Request Form.
A printed copy of the original receipt will be sent to your email address upon purchase, and, alternatively, may be found within the “Won Auctions” section within your PENNY WIZARD™ profile. All return requests require the completion of a Return Request Form (the “Return Form”), by PENNY WIZARD™ at the time of initial return request. The Return Form is also available for download at http://pennywizard.com/PW_RETURN_REQUEST_FORM.pdf. The Return Form must be fully completed with original receipt attached and postmarked no later, than five (5) business days from the initial return request date, after which time returns will not be permitted. The item must be returned no later, than five (5) business days from the submission of the Refund Form. Once received and processed in compliance with the above, refunds will be credited within thirty (30) business days of receipt.
EXCHANGES
If, within five (5) business days of delivery of an item, you notify us that you have received a faulty product and wish to exchange it for the same product, PENNY WIZARD™ will exchange the product, at our expense, with an identical new product provided that you:
(i) Send an email to exchanges@pennywizard.com within the five (5) business days indicating that you desire to exchange the item; and
(ii) Return to PENNY WIZARD™ via fax to 972.361.1054 or e-mail to exchanges@pennywizard.com, a copy of the original receipt and Exchange Request Form.
A printed copy of the original receipt will be sent to your email address upon purchase, and, alternatively, may be found within the “Won Auctions” section within your PENNY WIZARD™ account. All exchange requests require the completion of an Exchange Request Form (the “Exchange Form”), by PENNY WIZARD™ at the time of initial exchange request). The Exchange Form is also available for download at http://pennywizard.com/PW_Exchange_Form.pdf. The Exchange Form must be fully completed with original receipt attached and postmarked no later than five (5) business days from the initial exchange request date, after which time exchanges will not be permitted. The item must be returned no later, than five (5) business days from the submission of the Exchange Form. Once received and processed in compliance with the above, exchanges will be made within thirty (30) business days of receipt.
9. DELIVERY/SHIPPING, HANDLING AND PROCESSING
Unless otherwise stated, delivery will be made directly from our warehouse or our suppliers to the address provided by the USER. We deliver to the United States, some restrictions or higher shipping costs may apply if the delivery address is outside of the contiguous 48 states - this will be clearly noted on the auction details screen. Delivery times vary and any delivery time indicated is provided only as a guide and is not guaranteed. PENNY WIZARD™ shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer. Obvious damage to the item from transport or packaging damaged during transport is to be reported to PENNY WIZARD™ upon taking delivery. Should PENNY WIZARD™ not be able to deliver the item ordered, PENNY WIZARD™ shall be entitled to substitute the item with a comparable replacement product with the same or better features, or provide a refund of the auction end price to the USER based upon the USER's preference.
Shipping, handling and processing fees for a particular item will be stated in each individual auction. The USER understands that these fees are approximated by PENNY WIZARD™ prior to the auction and these actual fees and/or expenses borne by PENNY WIZARD™ may be more or less that the fees stated. Nonetheless, USER agrees to pay the stated fees in the event they win the auction and acknowledges that some of the items may be shipped indicating free shipping from our merchants.
10. OFFSETTING/WITHHOLDING PAYMENT/RETENTION OF TITLE
The USER shall only have the right to offset if his or her counterclaims are not disputed by PENNY WIZARD™.
The USER is not entitled by reason of any alleged minor defect to withhold more than a proportionate amount of the sum due.
The item delivered shall remain PENNY WIZARD™ property until payment is received in full of the total price, including for the bids used in the auction. Until, such time as payment has been made in full the USER undertakes to store the item separately from their other possessions and to insure it.
11. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY REGARDING THE USE OF PENNY WIZARD™.
USER EXPRESSLY AGREES THAT USE OF PENNY WIZARD™ IS AT USER'S SOLE RISK. NEITHER PENNY WIZARD™ ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT PENNY WIZARD™ WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF PENNY WIZARD™, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH PENNY WIZARD™. PENNY WIZARD™ IS PROVIDED ON AN "AS IS" BASIS; TO THE MAXIMUM EXTENT PERMITTED BY LAW, PENNY WIZARD™ DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, PENNY WIZARD™ DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT PENNY WIZARD™ IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
IN NO EVENT WILL PENNY WIZARD™, OR ANY PERSON OR ENTITY INVOLVED IN USE OF A PENNY WIZARD™ AUCTION, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, AND CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE PENNY WIZARD™. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON PENNY WIZARD™.
IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, PENNY WIZARD™, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED PENNY WIZARD™, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, PENNY WIZARD™, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
12. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY REGARDING PURCHASES FROM PENNY WIZARD™.
All products sold are new with the manufacturer's limited warranty only unless otherwise indicated in the auction. PENNY WIZARD™ warrants solely that the products sold to USER under these terms shall have the characteristics specified in PENNY WIZARD™ specifications for such Products as set forth in the description of each auction and assumes no further warranties. The warranty period varies by manufacturer and product. The full text of any such warranty is available, free of charge, upon written request mailed to PENNY WIZARD™. Warranty is excluded for the delivery of any used Products.
EXCEPT FOR THE WARRANTIES SET FORTH ABOVE PENNY WIZARD™ MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY PENNY WIZARD™ OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WHICH OTHER WARRANTIES ARE EXPRESSLY EXCLUDED AND DISCLAIMED.
PENNY WIZARD™ SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE IMPROPER HANDLING, MODIFICATION, AND MISUSE OF THE PRODUCTS BY THE CUSTOMER OR ANY OTHER PERSON FOLLOWING DELIVERY BY PENNY WIZARD™. IN NO EVENT SHALL PENNY WIZARD™ BE LIABLE TO ANY PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.
13. SYSTEM OUTAGE/TEMPORARY HALTED AUCTIONS
A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in a system. In such a case, auctions will be temporarily halted and the remaining times for the auctions, the current bidding price and the current highest bidder will be maintained. After the disruption has been resolved, the auctions will be continued and 10 minutes will be added to the remaining times for the auctions. Temporarily halted auctions are clearly indicated. Bids placed on a temporarily halted auction shall not be credited back on a USER's account and are not eligible for a refund for bids used or other costs incurred. With the currently available technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) completely without errors, or to rule out any unpredictable events in connection, with the internet (hereinafter referred to collectively as "technical faults"). PENNY WIZARD™, therefore, provides no guarantee for the constant and uninterrupted availability of its WEB SITE and technical systems. In addition, but not subject to, the provisions of section number 10, PENNY WIZARD™ shall not be liable for any damage whatsoever incurred by auction USERS or third parties from using PENNY WIZARD™ SERVICES. In particular, PENNY WIZARD™ shall not be liable for damage that occurs due to bids submitted by auction USERS not being received by PENNY WIZARD™ or not being received promptly or not being considered, as a consequence, of technical faults.
14. TRADEMARKS
PENNY WIZARD™ logos are trademarks and/or registered trademarks of PENNY WIZARD™ and any of its subsidiaries. All rights reserved. All other trademarks appearing on PENNY WIZARD™ are the property of their respective owners.
15. SERVICE AND SUPPORT FOR PRODUCTS PURCHASED
All requests for technical SERVICE and support should be made directly to the manufacturer in accordance, with their terms and conditions.
16. APPLICABLE LAW/SEVER-ABILITY SECTION
This Terms of Use Agreement and YOUR use of the WEB SITE shall be governed by the laws of the United States of America and the State of NEVADA without regard to its conflicts of laws principles. Any legal action or proceeding related to this WEB SITE shall be brought exclusively in a federal or state court of competent jurisdiction sitting in NEVADA. The UN Convention on the International Sale of Goods shall not apply.
17. PRIVACY POLICY
The protection of YOUR data is very important to us. For more information on the collection, processing, and use of personal data, please read our Privacy Policy.
18. EXTERNAL LINK
Our WEB SITE may contain links to other WEBSITEs operated by third parties, and these sites may likewise contain links to other WEBSITEs. Despite conducting careful checks, we assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We hereby expressly distance ourselves from all content of any or all WEBSITEs linked to the PENNY WIZARD™ WEB SITE. We cannot take any responsibility for the content of the data protection and privacy guidelines of third-party WEBSITEs.
19. COPYRIGHT
The PENNY WIZARD™ WEB SITE is protected by the copyright laws of the United States. We voluntarily observe and comply with the United States' Digital Millennium Copyright Act. If YOU believe that YOUR work has been copied in a way that constitutes copyright infringement, or YOUR intellectual property rights have been otherwise violated, please provide our designated copyright agent with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest,
- A description of the copyrighted work or other intellectual property that YOU claim has been infringed;
- A description of where the material YOU claim is infringing is located on the WEB SITE;
- YOUR address, telephone number, and email address;
- A statement by YOU that YOU have a good faith belief that the disputed use is not authorized copyright owner, its agent;
- A statement by YOU, made under penalty of perjury, that the above information in YOUR notice is accurate and that YOU are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. YOU may send YOUR notice of claimed infringement to:
Attn: Copyright Agent / PENNY WIZARD™, 848 North Rainbow Blvd #3804 Las Vegas,NV 89107
Upon receipt of YOU notice, we will comply with all the relevant take down procedures outlined in the United State Copyright Act and, specifically, with the terms of 17 U.S.C. §512 of the Digital Millennium Copyright Act.
20. PROMOTIONS, HELP, USER FEEDBACK AND SUBMISSIONS
Any special promotions run by PENNY WIZARD™ shall only be valid if they are announced on PENNY WIZARD™ WEB SITE or in its corresponding email newsletter. Certain promotions may only be valid for a limited time, and details of any such timing will be announced on the WEB SITE or in a newsletter. Once the advertised time limit of any such promotion has been reached, or the relevant auction or auctions have ended, the promotion is also finished. Any bidding advice or other written materials (for instance, ‘Help' articles) posted on PENNY WIZARD™ are provided solely as suggestions and are not intended to be relied upon. PENNY WIZARD™ is not liable or responsible for any actions taken due to a USER or other person having read or been told about such advice or other written materials.
BIDS are not redeemable for cash and have no cash or monetary value. PENNY WIZARD™ are purely promotional in nature, are only for PENNY WIZARD™ USERS and only part of the SERVICE through the WEB SITE or as otherwise specifically designated and approved by PENNY WIZARD™, and do not constitute a property right or interest or confer any such right or interest to YOU. BIDS may be redeemed immediately or accrued over time, up to a maximum of 6 months. BIDS will expire on a rolling monthly basis if not redeemed within 6 months of being awarded, and PENNY WIZARD™ has no obligation to notify YOU of any such expiration. PENNY WIZARD™ may discontinue or modify the BID program, raise and lower the value of the BIDS, add and remove ways to earn or use BIDS, or revise the PENNY WIZARD™ program terms and conditions at any time. All BIDS terminate upon any termination of YOUR PENNY WIZARD™ account. BIDS may only be redeemed at PENNYWIZARD.com or as otherwise specifically designated and approved by PENNY WIZARD™, with all such uses being subject at all times to available inventory, all terms and conditions of the specific PENNY WIZARD™ –redemption offer, and these Terms and Conditions.
PENNY WIZARD™ welcomes YOUR feedback, but if YOU send us any feedback, messages, comments or tags; YOUR creative or original concepts or ideas; any data, text, photographs, graphics or other materials; or any confidential, proprietary or other information (“Submissions”), PENNY WIZARD™ will be free to use or not use any such Submissions. PENNY WIZARD™ shall not be required to compensate YOU for any such Submissions, and any such Submissions shall not be considered confidential upon submission to PENNY WIZARD™. Further, by providing Submissions to PENNY WIZARD™ via the WEB SITE or otherwise, YOU: Agree not to make any Submission that violates in any way the Terms and Conditions Represent that YOU own or have the right to use and disclose such Submissions; Automatically grant PENNY WIZARD™ a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, sub license able, royalty–free license to use the Submissions, and exercise all copyright, publicity and other rights with respect, to any such Submissions; and
Subject to existing laws, waive any moral rights YOU or YOUR licensees have in any such Submissions. If YOU publish a PENNY WIZARD™ image on the web, YOU are required to link back to the original image, if published in print publication or on television YOU are required to attribute credit to PENNY WIZARD™ as the source where YOU have taken the image. YOU understand that the SERVICE and software embodied within the SERVICE may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by PENNY WIZARD™ and/or content providers who provide content to the SERVICE. YOU may not attempt to override or circumvent any of the usage rules embedded into the SERVICE. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the SERVICE, in whole or in part, is strictly prohibited.
YOU understand and agree that PENNY WIZARD™ and any receipt, use or other activity involving PENNY WIZARD™ are subject to YOUR compliance with the Terms and Conditions, including the following PENNY WIZARD™ Rules, and any other rules and requirements may impose now or in the future.
- BIDS may be awarded for certain purchases, participation in site activities, charitable donations, and as otherwise determined by PENNY WIZARD™, as specified at PENNY WIZARD.COM
- BIDS may only be redeemed at PENNY WIZARD™.com or as otherwise specifically directed by PENNY WIZARD™, subject to available inventory, and in accordance, with the specific PENNY WIZARD™ –redemption offer
- PENNY WIZARD™ may, without prior notice and in its sole discretion, alter, limit, or modify program rules, regulations, BID earning structure, BID redemption levels, or any other feature of the BID program at any time.
- USERS may only earn and use BIDS via one USER-ship account. The creation of multiple USER-ship accounts by or for one individual, the transfer or sale of any such accounts, and the use of BIDS earned by or awarded to such accounts is prohibited. PENNY WIZARD™ reserves the right to void the USER-ship and/or redemption privileges of any person(s) who have wrongfully earned BIDS (whether by circumvention, transfer, purchase, deception, forgery, fraud, or otherwise), or have breached these PENNY WIZARD™ Program Rules or the WEB SITE Terms and Conditions.
- Only the individual USER who makes the purchase or engages in the PENNY WIZARD™ –generating activity may earn and use BIDS. BIDS are not transferable from one PENNY WIZARD™ account to another. BIDS may not be reproduced, are not redeemable for cash, and are good for one–time use only. BIDS will be deducted from the USER’s account at the time of redemption.
- Credits for merchandise returns and other financial adjustments made by will be deducted from or added to the PENNY WIZARD™ balance as applicable and as determined by PENNY WIZARD™ in its sole and reasonable discretion.
- USERS are solely responsible for determination and payment of any tax or other fees, SERVICE charges or liability arising out of earning or redeeming BIDS.
- USERS are subject to and shall comply with any additional terms, conditions and restrictions that apply to specific redemption.
- BIDS may be redeemed immediately or accrued over time, up to a maximum of 6 months. BIDS will expire on a rolling monthly basis if not redeemed within 6 months unless otherwise extended by PENNY WIZARD™ at its sole discretion.
- PENNY WIZARD™ has absolute discretion with respect, to how BIDS are earned and how BIDS are used. BIDS may zero out and/or reduce YOUR BIDS if PENNY WIZARD™ becomes aware of any alleged or confirmed violation of the Terms and Conditions, the PENNY WIZARD™ Program Rules, or any applicable law or regulation, and the final determination with respect, to such BIDS in connection, with such alleged or confirmed violation shall be in PENNY WIZARD™ sole discretion.
- Violations of these PENNY WIZARD™ Program Rules may result in loss of USER ship, permanent or temporary block of access and/or USER-ship to the WEB SITE, loss of or reduction of BIDS, or as otherwise reasonably determined by PENNY WIZARD™ in its sole discretion.
PENNY WIZARD™ SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) TO A USER OR ANY THIRD PARTY, INCLUDING FOR PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, ARISING OUT OF OR IN CONNECTION, WITH A USER'S REDEMPTION OF PENNY WIZARD™ FOR MERCHANDISE, EXPERIENCES OR OTHERWISE.
The SERVICE includes different opportunities for USERS to use or redeem BIDS. The following rules are part of and an addition to the Terms and Conditions, as such, YOU understand and agree that any request to redeem or use BIDS are subject to YOUR compliance with the Terms and Conditions, including these rules, and any other rules and requirements PENNY WIZARD™ may impose now or in the future.
As with all redemption’s, there is a limited inventory of products available, and PENNY WIZARD™ makes no promises or guarantees that eligibility to enter the Redemption section at PENNYWIZARD.com/redeem, or to participate in this redemption will result in YOU being able to successfully redeem BIDS or obtain any item.
Additional eligibility requirements governing participation in any particular redemption will be set forth in a prominent location on the WEB SITE in conjunction with an official announcement of the redemption and are incorporated here.
There will be no exchanges, returns, cancellations of BIDS and/or BID refunds on redeemed products or items.
Using YOUR browser’s auto fill tool or any other automated means to enter required information is NOT allowed (including RoboForm) and will not work as we continue to introduce new anti-botting measures.
YOUR use of any bots, scripts, programs, or any method that involves the use of deception, false information, fraud, manipulation, avoidance, or cheating of any kind or YOUR enabling others to do so (whether related to this redemption, qualifying for this redemption or any use whatsoever of the WEB SITE) is strictly prohibited. Any such violation will result in disqualification from this redemption, order cancellation, and, any further penalties PENNY WIZARD™ deems appropriate, including loss of all or any portion of YOUR BIDS, and termination of USER-ship.
All Terms and Conditions and PENNY WIZARD™ Rules apply to redemption. Violation of any of these requirements, terms and conditions will result in disqualification from this redemption, order cancellation, and any further penalties PENNYWIZARD™ deems appropriate
PENNY WIZARD™, in its sole discretion and at any time, will make any or all determinations regarding violations, penalties, and all other matters affecting BID redemption.
All addresses must be accurate and entered correctly. If the address YOU enter does not exist or is not entered correctly, PENNY WIZARD™ will cancel YOUR order. Any item PENNY WIZARD™ has shipped to YOU who YOU return for any reason will be canceled and not sent to YOU an additional time. PENNY WIZARD™ also will not refund any PENNY WIZARD™ YOU redeem for the returned item.
All gift cards are subject to any and all requirements and limitations imposed by the issuer, which is not PENNY WIZARD™ , and/or the named company, including but not limited to the possibility of not being valid for use in all locations or at all times. PENNY WIZARD™ is not responsible for and will not refund any BIDS for gift cards that are rejected based on any such requirements or limitations. PENNY WIZARD™ also has been able to determine that none of the gift cards available during BID redemption are valid for use outside of the US and therefore should not be selected by international USERS. If any USER who has a profile address outside the US ignores this information and still attempts to redeem BIDS for such a gift card, PENNY WIZARD™ will halt the complete processing of this redemption request and refund the BIDS used to redeem the gift card. Except for these two actions, PENNY WIZARD™ will not offer or provide the USER with a substitute or alternative card or item of any kind, authorize participation in any other redemption based on the USER's choice of a gift card in this redemption, or take any other steps to overturn, reverse, or alter the USER’s choice of a gift card.
The redemption of BIDS for a gift card is not actually sponsored, endorsed, administered by or associated with the companies issuing, named or referenced on the gift card. The logos, marks, names, tag lines, and other company references on the gift cards may be protected intellectual property under applicable laws. The distribution of such cards is not intended to infringe on those property rights and may cease at any time upon an owner's request.
PENNY WIZARD™ reserves the right to substitute any product obtained through the redemption of BIDS for one of equal or greater value if the designated product should become unavailable for any reason. USER has no right to request, demand, or obtain another product or cash as an alternative or substitute. However, YOU acknowledge and agree that PENNY WIZARD™ in its sole discretion is authorized to provide any USER requesting shipment of a product obtained through redemption of BIDS with a cash equivalent of that product to any USER providing a shipping address outside of the United States and that such cash equivalent may be less than the approximate U.S. retail value of the product. All products are awarded "AS IS" with no warranty, guaranty or representation of any kind either expressed or implied by PENNY WIZARD™ (including without limitation any implied warranty of merchantability or fitness for a particular purpose, safety, durability, reliability, compatibility for use in YOUR country or area of residency, and/or performance); USERS should look to the manufacturer's warranty, if any.
21. GENERAL
The contract between PENNY WIZARD™ and USERS is binding on the parties and on their respective successors and assigns. The USER may not transfer, assign, charge or otherwise dispose of any contract formed under these Terms and Conditions or any of their rights or obligations without PENNY WIZARD™ prior written consent.
PENNY WIZARD™ has the right to revise and amend these Terms and Conditions from time to time in its absolute discretion but for reasons including but not limited to changes in market conditions affecting PENNY WIZARD™ business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in PENNY WIZARD™ system capabilities.
PENNY WIZARD™ is the owner or licensee of all intellectual property rights on the PENNY WIZARD™ WEB SITE and the material published on it. Those works are protected by copyright laws and treaties around the world and all rights relating to the same are reserved. USERS may print one copy and may download extracts of pages for personal reference only. USERS may not modify any paper or digital copies of any materials printed or downloaded. USERS must also not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. USERS must not use any part of the materials on the PENNY WIZARD™ WEB SITE for commercial purposes.
PENNY WIZARD™ failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed sever-able from these Terms of Conditions and shall not affect the validity and enforceability of any remaining provisions.
This Agreement and any operating rules for PENNY WIZARD™ established by PENNY WIZARD™ constitute the entire agreement of the parties with respect, to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect, to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Please note: Bidding in an auction at PENNY WIZARD™ is not a guarantee that YOU will win. We advise all USERS to monitor their bidding practices. Placing bids online at PENNY WIZARD™ frequently or repeatedly can incur high costs. USERS should therefore pay attention to their bidding practices and check their charges regularly, please see our Responsible Bidding tab.
