Terms & Conditions

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Terms & Conditions

Terms and Conditions

Introduction

Welcome to X5! Your one stop shop for great deals through bidding for your favorite items to win.

The terms and conditions that are made herein set out the applicable rules of our services in relation to your subscription in X5.

It is incumbent upon members to have read these terms and conditions. Member’s use of our service and as well as participation towards the bidding for chosen items will automatically constitute that you have read and accept these terms and conditions.

X5 serves as a venue where buyers will have the opportunity to purchase items at a low, low price through placing a bid. X5 provides a new meaning to the purchasing power for buyers known as a 'reverse auction'. This means the lowest “unique” bid at the end of the bidding period will be the winner. This can only happen if you are registered as a member of X5 and pay the administration fee associated with each bid. Membership allows you to bid, subject to your acceptance of these terms and conditions.

X5 reserves the right to change the contents of these terms and conditions without notification to its members. It is highly recommended that you periodically review these terms and conditions to check for any changes that would affect your membership or participation in the auctions and other options.

The currency used in x5.com.au is in Australian Dollars (AUD), for x5box.co.uk the currency is Sterling (GBP), for x5box.com the currency is in American Dollars (USD), for x5box.ca the currency is in Canadian dollars (CAD), for x5box.co.nz the currency is in New Zealand Dollars (NZD). X5 is based on AUD and all other currencies are subject to a 7.5% charge.

How to become a bidder of X5's products

To become eligible as a bidder for X5's products, you must register as a subscriber by filling out a registration form on the site.

Anyone can join the bidding, provided that you are over 18 years old or at the appropriate age to bid as required by law in your country of residence.

It is a member’s sole responsibility for all equipment and software used in order to connect to our site. It is your responsibility to make sure that such equipment or software will not interfere with X5's operations.

If any equipment or software causes disturbance to the daily operations of our site, X5 reserves the right to immediately terminate any membership in this agreement.

Subscription

The subscription contract is deemed to start when access to the site has been given by X5 based upon a username and password that you have provided for this purpose.

Upon starting the subscription contract, you will be able to bid in any auction through your username and password which will be confirmed through your email address.

It is not permitted to assign or transfer your subscription in any way. X5 reserves the right to assign rights and obligations under this contract, and for receivables, which are based upon this contract, to a third party, upon a written notice send to you, and provided such terms will not be less favorable to you.

Subscription remains in effect until such time as there is a termination or cancellation made by you or by X5

How it Works

Acceptance of Terms and Conditions

By entering any bid for a certain item, the bidders confirm that they have read and fully understand such conditions of entry and are deemed to have accepted the same when placing a bid, regardless of whether the bid is valid or not.

Bidding for an item is open to all who are of legal age to bid as provided by the laws of their respective countries. All bidders should ensure that under their respective laws in their countries there is no prohibition in participating in any bid particularly at X5.

Opening and Closing of the Auction

The opening and closing date and time of every auction is well defined by X5 and is available in our site.

Bidding Restrictions

Every members reserved the right to invite another members of family within a reasonable referral. X5 reserve the right to determine what is reasonable fact as long as it is not a threat to X5 growth.

The maximum number of bids provided to bidders is at the discretion of the promoters.

Bidders should participate in the bidding by being fair and honest. A bidder must not in any way disclose details in relation to the bidding to any other person before the auction closes. A bidder must not enter into any agreement with other bidders.

Bids must be submitted by individuals and not done by computer generated robots. A bid which is computer generated would constitute a void bid.

Making a Bid

Placing a bid for a certain item is done through www.x5.com.au, www.x5box.com, www.x5box.co.uk, www.x5box.co.nz, www.x5box.ca depending on the user’s domain. Bids must be submitted in whole cents through the using of the bidding form.

All bids made are sealed so that other bidders would not know what other bids have been offered by other bidders on the site.

All bids will appear in the domain’s local currency. It is the user’s responsibility to take not of which domain they access X5 from and hence what currency they will bid in.

For every bid placed there is a corresponding administration fee that will be deducted directly from the subscriber's bid bank. The amount of the fee being charged per bid is stipulated by X5 and may change from time to time.

All bids are processed in the order of receipt through the database. X5 accepts no responsibility or liability for misdirected, late or delayed bids as a result of any technical disruptions or for other reasons.

The bidder acknowledges that upon submission of the bid, there will be a deduction of an administration fee immediately from the bidder's bid bank.

Offer and Acceptance

Through the placing of a bid in the auction, the bidder offers to buy such item being auctioned during the auction period. If such offer is accepted by X5, then it creates a contract which is legally binding on the successful bidder to purchase such item. Repeated failure of a user to purchase won products will result in the user being penalized at X5’s discretion. The contract will be deemed to include the standard terms and conditions given by the suppliers of the items that the bidder has offered to buy. All items won cannot be purchased unless the following provisions are met:

1. The ownership as well as the title of the item will not pass automatically to the successful bidder until such time that X5 has received full and clear payment for the item. and risk of such item will then passes to the successful transfer of the item to the winning bidder

2. Bidders outside Australia will not be liable for any tax or GST in placing a bid or when purchasing bid bank credit.
However, any liability for customs duty in your country of residence is entirely the responsibility of the purchaser.

3.By confirming your bids, all listing is final. If you bid and do not pay, it will void your future contract with X5 including future won items. X5 reserved the right to refuse any of your won if you breach any of X5 policy including non paying of your previously won items. Your unused credit will be refunded. All listings will be void on X5 discretion.

4.If you are creating multiple id in order to bid at X5, you are regarded as one id eventhough in the beginning X5 does not discover yet. If any of the related ID has breached X5 policy, X5 reserved the right to void rest and related of your X5 id including registering a new X5 id in the future.

All terms, warranties and conditions, other than what are expressly included in these terms and conditions, are deemed excluded, except to the extent for a provision that is prohibited by law.

Conclusion of Auction

Before the conclusion of the auction, X5 will usually send you a notification message through email which will inform you:
1. The auction is about to close.
2. The value of the winning bid.
3. Notification that there is a new item which will be offered if there is to be a new auction that will soon start.

Bid Bank Credit

Any unused bid bank credit will remain in your account until such time as you decide to use it or until the termination of your subscription from X5.

If there is an excess as to the total administration fee compared to the amount of credits left in your bid bank, it means you need to deposit funds right to your bid bank before making any bid.

The bid bank credit can only be used to bid in the auctions that are being offered by X5.

Payment of Administration Fee

The subscriber warrants that he or she is the sole owner of the credit or EFTPOS card, and has the authority to use it for the purpose of purchasing credit to participate in the service as well as for any auction.

X5 uses one or more third-party payment providers for accepting payments to your bid bank. X5 ensures the exercise of due care in handling credit or EPTPOS card information, as well as the use of a Secure Sockets Lawyer for the transmission and use of any sensitive information over the internet; and the use of industry encryption for storing such sensitive information including passwords. X5 has firewall access control for this information and will not be held liable for any misuse or compromise of such information.

Disqualification

X5 reserves the right to verify the accuracy and validity of the bids entered and to disqualify any bidder who places a bid which is not in accordance with X5's terms and conditions. The winning bidder must provide proof of identity and residency before the item will be transferred. It is at the discretion of X5 to accept any alternative identification as a means of satisfying your correct identity.

In case of a server crash, instability and other unexpected error, X5 reserved the right to refund members credit that bid on during the crash and reserved the right to extend the auction or relist the auction. X5 is not liable of any server crash, bid error. At X5 discretion X5 reserved the right to give refund at X5 discretion. Members are not allowed to claim any items when server crash, unexpected error or bug when occur except refund for the bids placed.

If X5 believes there has been any suspicious activity from Member bidding or intention, X5 reserve the right to cancel memberships, transactions and/or items won at X5. Credit may be refunded at X5’s discretion.

Determination of the Winning Bidder

The last individual who has placed the lowest and unique bid at the auction’s closure will be deemed to be the winning bidder.

Only the lowest unique bidder will win the items at X5.

The winning bidder will then be required to pay for such item at the price placed by the person within 7 business days of being notified of the successful bid.

There are four modes by which payment will are accepted by X5, these are: PayPal, direct bank deposit, money order or bank check. If within 7 business days after the determination of the winning bidder, and due notification of the success of the bid, the bidder has not provided payment, then the bid will be deemed forfeit and the bidder will not be able to purchase the item.

Termination of Subscription

If at any time you want to terminate your subscription to X5 then feel free to do so.

Send an email to: info@x5.com.au

The termination of the subscription will be effective within 48 hours upon receipt of your request.

All unused credits will then be automatically expire upon the termination of your subscription.

Refund and Termination of Bids

X5 reserves the right to cancel any bid without making a refund of the paid administrative fee under any of the following circumstances:

1. The bidder made any false representation that tends to mislead or provide invalid information of any kind upon registering or purchasing credit to the bid bank or upon placing of a bid.

2. Use of a fraudulent credit card to purchase credit for the payment of administrative fee(s).

3. The credit card institution or the bank reverses the credit card transaction made for the purchase of credit for the bid bank for the submission of the administrative fee.

4. Bidder in any way is in agreement with any other bidder in placing a bid.

5. Bidder attempts to exceed the bid limit for a particular auction period which is in breach of terms and conditions.

6. Bidder creating multiple ID to bid on same and similar items in order to abuse X5 system, camouflage X5 Admin and what we believe is abused to X5 system.

7. Breach of any of these terms. X5 decision is final.

VC Virtual Credit Terms of use;

1. X5 Reserved to cancel your VC if we found any abused, related abuse and any relation to suspended ID or any Terms and Condition violation.

2. X5 Reserved the right to cancel your won items if we found any VC used to abuse, won and outbid other members in not a right way. X5 reserved the right cancel your memberships, won items and refund your paid credit.

3. X5 decision is final.

X5 reserves the right to do the following:

1. To cancel any bid or refund credits if X5 receives the bid after the auction has closed.

2. Absolute discretion to withdraw, cancel, reject, suspend or bar a bidder with his or her corresponding bid at any stage during the period of the auction.

3. For any reason that the auction is not able to run as planned due to: bugs, computer virus, tampering, technical failures, unauthorized intervention, fraud or any other causes that would lead to corruption of the integrity and the proper conduct of the auction; X5 has the right to modify, suspend, cancel or terminate the auction.

4. That in the event of a state of emergency, act of terrorism or war, natural disaster, or any event that is beyond the control of X5, then cancellation, termination, suspension or modification of the auction may be done.

5. In terms of stock unavailability or product recall, X5 will replace items with similar or upgraded items in favor of the customer at no cost.

Security of your Account and Personal Information

Members are responsible for all activities that they engage in through their subscription

Members agree to notify X5 immediately in cases where they are suspicious of, or aware of, any unauthorized use of their account, password or subscription, as well as any other breach of security. To ensure your security make sure you log out from your account at the end of every session.

X5 will not be liable to any loss or damage that arises from failure to comply with the previous section. Member’s use of this site constitutes recognition and agreement that X5’s services cannot be used by an unauthorized 3rd party for any purposes which are commercial in nature.

In exchange for using X5’s services, you therefore agree to:
1. Give complete and accurate information about yourself as stated in the registration form.
2. Promptly update your registration data to keep it complete and accurate.
3. Ensure no script is used, hacked in, or any activity that will disadvantage X5 and X5 reserves the right to cancel or disable your X5 account should such action occur.

No Liability

X5 will not be liable for any information that is incorrect or inaccurate which is caused by members or programming and equipment used in the conduct or participation at an auction. Such conditions as deletion, omission, interruption, defect, delay in operation, theft, unauthorized access, alteration of bids or for any other technical matters.

X5 will not be responsible for late, lost, incomprehensible or incorrect bids.

X5 will not be liable for any loss or damage incurred upon shipment unless the winning bidder pays insurance for it. Insurance will cover damage or loss. Acquiring insurance is an option available to winning bidders upon request to X5.

Severance

X5 will not be held liable for failure to comply with these terms and conditions. If a part or provision of these terms and conditions is found to be unenforceable, invalid or illegal for any reason, that part or provision will be deleted and the remainder of the provisions will continue to be in full force.

Warranties and Representations

X5 warrants to the maximum extent permitted by law, all representations and warranties of any kind with regard to the accuracy of the description or the estimated value of items offered.

X5 shall have no obligation to investigate any test in relation to the sufficiency of an item to verify its authenticity and members should not solely rely on such description or even assume that such investigation did occur. X5 will not be liable for any error, omission or misstatement from the description as stated in the item.

Alteration

Alterations made to these terms and conditions will only be made by X5 and will be posted in this site. It is incumbent upon the subscribers to check the website periodically to check whether any changes affect you.

Delivery of Products

A winning item will be dispatched within 10 days upon receipt of the payment from the winning bidder for that item.
Delivery costs vary according to destination – domestic or international. Insurance will be given upon request by the winning bidder. The postage cost on each item is the cost of what X5 will charge you per item either bundle with other items or sent individually. If you purchased more than one item, X5 reserved the right to combine all postage in one shipment. For example if you purchased 3 separate items within  3-5 working days, we might put all together in one shipment if applicable.

For Damaged Item

There will be no reimbursement for items damaged in transit; however X5 will replace such item under the following conditions:

1. You made a thorough inspection of the item shipped by X5 for any damage before signing the receipt from the carrier, and made note of the nature and extent of the damage on the receipt.


2. In the event of damage being concealed or obvious, you will then notify X5 within 7 days upon receipt of such item, while retaining the item and the packaging for inspection by the carrier.


3. In any event that the carrier did not issue a damage call tag, it will be your sole responsibility to return the damaged item to us, carefully packaged with the freight pre-paid by you for inspection.

It is entirely at X5's discretion to determine whether the item at the time of F.O.B shipment was damaged.

Replacement of the item will be made immediately if you choose too and an invoice will be given. The original net invoice price will be then credited and immediately issued provided the preceding conditions are met.

Product Guarantee

All products that are auctioned at X5 are solely covered by the manufacturer's warranties as stated in the description at the auction.

There are no other warranties that will apply except to the extent that is required by law.

Disclaimer

X5 makes no warranty either explicit or implied to the condition of any item. X5 specifically disclaims any implied warranty regarding an item's fitness or merchantability for a particular purpose. There is no warranty or representation, including but not limited to suitability for use. Statements of quality, made by X5's employees, will be not be considered as a warranty made by us for any other purpose or to create any liability on the part of X5.

If the winning bidder believes that an item is defective with regard to the material or workmanship, the customer may return such item and replacement will be made. Any defect to an item will be determined at the sole discretion of X5. If found to be defective X5 will take the necessary action to replace such item.