Strike2Win - Terms and Conditions

IMPORTANT - PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCEPTING THESE AGREEMENTS, THEN PRINT THESE TERMS AND CONDITIONS AND STORE THEM ALONG WITH ALL CONFIRMATION EMAILS, ADDITIONAL TERMS, TRANSACTION DATA, RULES AND PAYMENT METHODS RELEVANT TO YOUR USE OF THIS SITE AND/OR SERVICES. WE WILL NOT FILE OUR CONTRACT WITH YOU SO PLEASE PRINT IT OUT FOR YOUR RECORDS. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE (AS SET OUT BELOW).

You accept to be bound by this contract by clicking on 'Submit' or 'I Agree'. After you click on 'Submit' or 'I Agree', a legally binding agreement on these terms and conditions is concluded between, (a) you, the end user ('you'), and (b) Strike2Win, LLC, having a mailing address of 303 Park Avenue South, Suite 1057, New York, NY 10010 a Colorado Corporation, in the event that the transaction is effected on telecommunications equipment situated in the state of New Jersey, New York and also worldwide, and (c) to the extent you are using Auction Services, as defined below, at all times Strike2Win, a Colorado Corporation, 'Group', 'we', 'us' or 'our' as appropriate depending on which Services or parts of the Platforms you are using.

The Group provides the services on www.strike2win.com and any other online platform provided by us ('Platforms') on which you access our bidding and auction services, including but not limited to silent and open bidding auctions, standard and reverse auctions and new and unique auction methods as defined below using your Account ('Services').

In the event that you have any complaints, claims or disputes with regard to any outcome regarding the Services or any other activity performed by the Group, you should in the first instance contact the Group in accordance with Section 21 below.

These Terms and Conditions together with the Privacy Policy, Auction Instructions and Rules section, the Frequently Asked Questions Section, the How to Play and Auction Rules sections, all additional rules, the Disconnection and Cancellation Policy Fees and Commission and any other additional rules and terms published on the Platforms or otherwise notified to you that specifically relate to and govern any particular event, game, software, or promotion constitute a legally binding agreement between the Group and you ('Agreements'). You should read all of these documents carefully as each one forms part of the legally binding agreement between us.

IF THESE AGREEMENTS ARE TRANSLATED INTO ANOTHER LANGUAGE, THE ENGLISH LANGUAGE VERSION WILL PREVAIL IN THE EVENT OF ANY CONFLICT BETWEEN THE TRANSLATED VERSION AND THE ENGLISH LANGUAGE VERSION.

Please note that these Terms and Conditions shall prevail in the event of any conflict between these Terms and Conditions and any of the auction rules or other documents referred to on the www.strike2win.com site.

By clicking on 'Submit' or 'I Agree' and accepting these Terms and Conditions, you are also acknowledging and accepting these Agreements. Access to, and use of, our Services are governed by these Agreements. If you have any questions about these Agreements, we would encourage you to seek independent legal advice.

Your attention is drawn to our Privacy Policy which describes how we deal with and protect your personal information. By accepting these Terms and Conditions, you are also acknowledging and accepting the Privacy Policy.

1. APPLICABILITY OF AGREEMENTS

By using our Services and/or by acknowledging that you have read these Agreements when you register to join and/or by clicking on the 'Submit' or 'I Agree' button when you install any of the software relating to the Services provided via the Platforms or when you register for your Account, you agree to comply with these Agreements, and you acknowledge that your failure to comply with these Agreements may result in disqualification, the closure of your Account (hereafter as defined in Section 3 below), forfeiture of funds and/or legal action against you, as appropriate and as further specified in these Agreements. You acknowledge that if you accept these Agreements, we will start providing you with the benefit of the Services immediately. As a consequence of this, if you accept these Agreements when registering for our Services, you will not later be able to cancel your registration, although you can terminate these Agreements and close your Account in accordance with Section 18 below.

2. LEGALITY OF USE OF THE SERVICES

You may only use the Services if you are 18 years of age or over (or such other minimum legal age in your jurisdiction) and it is legal for you to do so according to the laws that apply in your jurisdiction. If you are under the age of 18, you may only use the Services with the approval of your parent or legal guardian. Group reserves the right to ask for proof of age from you and your Account may be suspended until satisfactory proof of age is provided. You understand and accept that the Group is unable to provide you any legal advice or assurances and that it is your sole responsibility to ensure that at all times you comply with the laws that govern you and that you have the complete legal right to use the Services. Any use of the Services is at your sole option, discretion and risk. By using the Services, you acknowledge that you do not find the Services to be offensive, objectionable, unfair, or indecent in any way.

3. ACCOUNT/REGISTRATION

3.1. To use the Services, you will first need to register for an account with us. You may access any of our Services from your Account (as defined below).

3.2. You can open an Account with us by choosing a unique account name and password and entering other information that we ask for on our registration form such as (but not limited to) your first and last name, address, email, gender, birth date and telephone number (an 'Account'). You shall ensure that the details provided at registration are accurate and kept up to date. You can change the details you provide at registration at any time by editing your Account preferences. Please see our Privacy Policy for further details. Alternatively, you can contact us for further information.

3.3. You may also be asked to choose a preferred currency for your Account from the currencies available from time to time ('Account Currency'). Please note that once you have chosen, you will not be able to change your Account Currency more than once without Our approval (which may be withheld or delayed in Our sole discretion). Should you wish to change your Account Currency more than once, please contact our Customer Service Department. Any Account Currency changes will be made on the terms and at the Exchange Rates offered by us at the time of conversion.

3.4. There are no set-up charges for opening your Account. The Group is not a bank and funds are not insured by any government agency. All payments to and from your Account must be paid in the currencies available on the Services from time to time and shall not bear interest and you shall ensure that all payments into your Account are from a payment source for which you are the named account holder. If you are making a deposit to or withdrawal from your Account in a currency other than your Account Currency, such deposit and/or withdrawal will be made at the Exchange Rates offered by Us at the time of such deposit or withdrawal and may be subject to a small conversion fee.

3.6. To use certain of the Services you may first need to download and install software indicated and usually provided on the relevant Platform.

3.7. The Group is unable to guarantee the continued availability of any particular currency. In the unlikely event that it becomes necessary for the Group to stop supporting a particular currency and your Account Currency becomes unavailable, the Group reserves the right to require You to convert your Account Currency into a preferred available alternative at the Exchange Rates offered by Us at the time of conversion.

4. TRUE IDENTITY AND ONE ACCOUNT

The name on your Account must match your true and legal name and identity and the name on your Account registration must match the name on the credit card(s) or other payment accounts used to deposit or receive monies in your Account. To verify your identity, Group reserves the right to request at any time satisfactory proof of identity (including but not limited to copies of a valid passport / identity card and/or any payment cards used) and proof of address (including but not limited a recent utility bill or bank statement). Failure to supply such documentation may result in suspension of the Account.

5. NO GROUP EMPLOYEES OR AFFILIATES

If you are an officer, director, employee, consultant or agent of the Group or one of its subsidiary parent or associated companies, or suppliers or vendors, you are not permitted to register for an Account with Group or to use directly or indirectly any of the Services (each an 'Unauthorized Person'), other than in the course of your employment as a Group employee. Similarly, relatives of Unauthorized Persons are not permitted to register with Group or to use directly or indirectly any of the Services. For these purposes, the term 'relative' shall include (but not be limited to) any of a spouse, partner, parent, child or sibling.

6. YOUR USE OF THE SERVICES

6.1. The Group reserves the right to suspend, modify, remove and/or add to any Service in its sole discretion with immediate effect and without notice and the Group will not be liable for any such action.

6.2. The Group forbids the use of all unfair practices when using the Services. We do this to protect our customers and the integrity of the Services. Please read our Unfair Advantage Policy which is incorporated in this agreement for further details and our Anti-Cheating Policy at section 28. If any customer is found to be participating in any form of collusion or other activities that we consider to constitute cheating his or her account may be permanently closed and any balance may be at risk of forfeiture or withholding as per section 17 of this agreement.

7. COPYRIGHT AND TRADEMARKS

The terms “Strike” “2” “Win”, “Strike2Win”, ”Strike2Win Auction” (“The Words”) and other variations and/or combinations of The Words, and any other marks used by Group are the trade marks, service marks and/or trade names of the Group or one of its subsidiaries or associated companies or its licensors. Further, all other material used by Group, including but not limited to the software, images, pictures, graphics, photographs, animations, videos, music, audio, text (and any intellectual property rights in and to any of the same) is owned by the Group or one of its subsidiaries or associated group companies and/or licensors and is protected by copyright and/or other intellectual property rights. You obtain no rights in such copyright material or trade or service marks and must not use them without the Group's written permission.

8. ELECTRONIC SERVICES PROVIDER

In order to use the Services, you will be required to send money to and may be required to receive money from us. The Group may use third-party electronic payment processors and/or financial institutions ('ESPs') to process such financial transactions. You irrevocably authorize us, as necessary, to instruct such ESPs to handle Account deposits and withdrawals from your Account and you irrevocably agree that the Group may give such instructions on your behalf in accordance with your requests as submitted using the relevant feature on our Platforms. You agree to be bound by the terms and conditions of use of each applicable ESP. In the event of conflict between these Agreements and the ESP's terms and conditions then these Agreements shall prevail.

9. BONUSES

We may from time to time offer you complimentary credits or bonus amounts to be credited by the Group into your Account ('Bonus(es)'). Such Bonuses may only be used in relation to such Services as may be specified when the Bonus is offered to you. Acceptance of any Bonus shall be in accordance with additional terms and conditions we may make available to you in respect of each such Bonus offering and, if none, then in accordance with the Standard Promotional Terms and Conditions and bonus release restrictions contained in the relevant offer. Offers may be used only ONCE unless otherwise specified.

10. ACCOUNT BALANCES

Your account balance is the amount of real money held in your Account (if any), minus any expenses accrued from using the Services, less any entry or other fees, if applicable, and less any amounts previously withdrawn by you or amounts forfeited or reclaimed by the Group due to any known or suspected fraud or due to deposits or other transactions rejected or cancelled by your bank or any relevant third-party bank (whether as a result of insufficient funds, charge-backs or otherwise), any Inactive Account Fees (see Section 11 below) or any sums which are otherwise deductible or forfeited under these Agreements ('Account Balance'). All taxes due in connection with any winnings awarded to you are your sole liability. Account balances cannot be transferred, substituted or redeemed for any other prize. Items will be shipped as soon as reasonably possible, although there may be delays due to any Security Review (see Section 16 below) undertaken by the Group and save where the Group holds any such items in accordance with these Agreements.

11. INACTIVE ACCOUNT FEES AND ABANDONMENT OF ACCOUNTS

11.1. If you do not access your Account by 'logging on' to your Account using your Account name and password and either (i) place a bid via the Services, or (ii) enter an auction with an entry fee via the Services, for any consecutive period of 365 days, then after those 365 days (the 'Grace Period') your Account (and any related account with any ESP) will be deemed 'Inactive'.

11.2. Once your Account has been deemed Inactive the Group is entitled to charge you an administrative fee (the 'Inactive Account Fee'). The Group will deduct an amount up to the Inactive Account Fee amount from your Account Balance on the day following the end of the Grace Period.

12. ABUSIVE OR OFFENSIVE LANGUAGE

Abusive or offensive language will not be tolerated on the Group's chat boards, or otherwise by you on the Platforms or with Group staff. Any violation of this policy will result in a suspension of your use of the Services or such other action as may be reasonably required by the Group to ensure compliance. In addition, you are not entitled to make untrue and/or malicious and/or damaging comments with regard to the Group's operation in any media or forum.

13. DISCLOSURE OF ACCOUNT NAME AND PASSWORD

The Account name and password selected when you apply for membership should not be disclosed to any third party. You are solely responsible for the security of your Account name and password.

You agree to keep your Account name and password secret and confidential and not to allow anyone else to use it. Every person who identifies themselves by entering a correct username and password is assumed by Group to be the rightful Account holder and all transactions where the username and password have been entered correctly will be regarded as valid. In no event will the Group be liable for any loss you suffer as a result of any unauthorized use or misuse of your login details. The Group shall not be required to maintain Account names or passwords. If you have lost your Account name, username or password, please contact us for a replacement. If you misplace, forget, or lose your Account name, username or password as a result of anything other than Group's error, the Group shall not be liable.

14. FRAUDULENT ACTIVITIES AND PROHIBITED TRANSACTIONS

The Group has a zero tolerance policy towards inappropriate and fraudulent activity. If, in the Group's sole determination, you are found to have cheated or attempted to defraud the Group or any other user of any of the Services in any way, including but not limited to Auction manipulation or payment fraud, or manipulation of the multi-currency facilities, or if the Group suspects you of fraudulent payment, including use of stolen credit cards, or any other fraudulent activity (including but not limited to any chargeback or other reversal of a payment) or prohibited transaction (including but not limited to money laundering), the Group reserves the right to suspend and/or close your Account and to share this information (together with your identity) with other online auction sites, banks, credit card companies, and other such appropriate agencies. Please see our Privacy Policy for further details.

We reserve the right to void and withhold any or all shipments of products won by you in any auction or made by any person or group of persons where we have reasonable grounds to believe that said person or group of persons is acting or has acted in liaison in an attempt to defraud or damage Group and/or the Services and/or the Platforms in any way.

In the interests of data protection, security and avoidance of fraud the Group does not permit use of any communication channels included within the Services and/or the Platforms to offer or promote any offers, products and services (whether yours or a third party's). You are expressly prohibited from posting information or contacting our customers to offer or promote any offers, products or services.

15. SYSTEM ERRORS

You must inform us as soon as you become aware of any errors with respect to your Account or any calculations with respect to any bid you have placed or any currency conversion. In the event of any system failure or error (a divergence from the normal functioning of the logic for whatever reason) that results in an error in any odds calculation, charges, fees, or any currency conversion as applicable, ('System Error') the Group will seek to place all parties directly affected by such System Error in the position they were in before the System Error occurred. The Group reserves the right to declare null and void any bids that were the subject of such System Error and to take any money from your Account relating to the relevant bids, if there are insufficient funds in your Account, demand that you pay us the relevant outstanding amount relating to these bids. In all circumstances whereby the Group (in its sole discretion) determines a System Error has been used to gain an unfair advantage, the Group reserves the right to consider this activity to be subject to Section 17 (Forfeiture & Account Closure) of these Terms and Conditions.

16. SECURITY REVIEW

To maintain a high level of security and integrity in the system, the Group reserves the right to conduct a security review at any time to validate your identity, age, the registration data provided by you, to verify your use of the Services, including but not limited to your compliance with these Agreements and the policies of the Group and your financial transactions carried out via the Services for potential breach of these Agreements and of applicable law (a 'Security Review'). As such you authorize us and our agents to make any inquiries of you and for us to use and disclose to any third party we consider necessary to validate the information you provide to us or should provide to us in accordance with these Agreements, including but not limited to, ordering a credit report and/or otherwise verifying the information against third party databases. In addition, to facilitate these Security Reviews, you agree to provide such information or documentation as the Group, in its unfettered discretion, may request.

17. FORFEITURE & ACCOUNT CLOSURE

17.1. THE GROUP RESERVES THE RIGHT, IN ITS UNFETTERED DISCRETION AND IN RELATION TO YOUR ACCOUNT, ANY RELATED ESP ACCOUNT, ANY ACCOUNTS YOU MAY HAVE WITH OTHER AUCTION SITES AND/OR SERVICES OWNED OR OPERATED BY OR ON BEHALF OF THE GROUP AND, IN THE CASE OF YOUR USE OF THE SERVICES, ANY SERVICES THAT SHARE PLATFORM, TO TERMINATE THIS AGREEMENT, WITHHOLD YOUR ACCOUNT BALANCE, SUSPEND YOUR ACCOUNT, AND RECOVER FROM SUCH ACCOUNT THE AMOUNT OF ANY AFFECTED BONUSES IF:

17.1.1. you are in material breach of any of these Agreements;

17.1.2. the Group becomes aware that you have used or attempted to use the Services for the purposes of fraud, collusion (including in relation to charge-backs) or unlawful or improper activity (including without limitation, any manipulation of the multi-currency facilities);

17.1.3. the Group becomes aware that you have bid at any other online auction site or services and are suspected of fraud, collusion (including in relation to charge-backs) or unlawful or improper activity;

17.1.4. you have 'charged back' or denied any of the purchases or deposits that you made to your Account; or

17.1.5. you become bankrupt or analogous proceedings occur anywhere in the world.

18. TERMINATION

18.1. You are entitled to close your Account and terminate these Agreements on seven (7) days notice to Group by sending a letter or email or telephoning us using the details on our Contact page(s). We will respond within a reasonable time provided that you continue to assume responsibility for all activity on your Account until such closure has been affected by us. The Group is entitled to terminate these Agreements on seven (7) days notice (or attempted notice) to you at the email address you have provided the Group. In the event of termination by Group, Group shall give notice of the termination to you via email and, other than where termination is pursuant to Section 17, as soon as reasonably practicable refund the balance of your Account. Where the Group has terminated pursuant to Section 17, any bid payments, including pre-purchased bid payments and any and all auctions won by you are deemed forfeited.

18.2. Termination of these Agreements will not affect any outstanding bids, PROVIDED that any outstanding bids are valid and are not in breach of these Agreements in any way.

18.3. The following Sections of these Terms and Conditions shall survive any termination of these Agreements by either party: 14, 17, 18, 19, 20, 21, 22, 23 and 24 along with any other Sections which are required for the purposes of interpretation.

18.4. Refunds on prepaid bid credits are only valid if the request is received by Strike2Win within 24 hours of the purchase by email to refunds@strike2win.com, and only if said prepaid bid credits have not been used.

18.5. One may not terminate their account to solely with the intention of receiving a refund of prepaid bid credits, and then open a new account. This will constitute fraud.

19. COMPENSATION

YOU AGREE THAT YOU WILL ONLY USE THE SERVICES IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET OUT IN THE AGREEMENTS. YOU WILL COMPENSATE THE GROUP IN FULL FOR ANY LOSSES OR COSTS (INCUDING REASONABLE LEGAL FEES) WHICH THE GROUP INCURS ARISING FROM ANY BREACH BY YOU OF THE AGREEMENTS.

20. LIMITATIONS AND EXCLUSIONS

20.1. YOUR ACCESS TO THE PLATFORMS, DOWNLOAD OF ANY SOFTWARE RELATING TO THE SERVICES FROM THE PLATFORMS AND USE OF THE SERVICES IS AT YOUR SOLE OPTION, DISCRETION AND RISK. THE GROUP SHALL NOT BE LIABLE FOR ANY MALFUNCTIONS OF THE COMPUTER PROGRAMS RELATING TO THE SERVICES WE MAKE AVAILABLE FROM THE PLATFORMS, SYSTEM ERRORS AS DESCRIBED IN SECTION 15, BUGS OR VIRUSES RESULTING IN LOST DATA OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT OR SOFTWARE. FURTHERMORE, THE GROUP SHALL NOT BE LIABLE FOR ANY ATTEMPTS BY YOU TO USE THE SERVICES BY METHODS, MEANS OR WAYS NOT INTENDED BY THE GROUP. THE GROUP IS NOT REQUIRED TO PROVIDE REDUNDANT OR BACKUP NETWORKS AND/OR SYSTEMS.

20.2. GROUP WILL PROVIDE THE SERVICES WITH REASONABLE SKILL AND CARE AND SUBSTANTIALLY AS DESCRIBED IN THE AGREEMENTS. GROUP DOES NOT MAKE ANY OTHER PROMISES OR WARRANTIES ABOUT THE SERVICES.

20.3. THE GROUP'S MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THESE AGREEMENTS OR YOUR USE OF THE SERVICES OR THE COMPUTER PROGRAMS RELATING TO THE SERVICES WE MAKE AVAILABLE FROM THE PLATFORMS, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE LIMITED IN ANY TWELVE (12) MONTH PERIOD TO THE AMOUNT, IF ANY, YOU HAVE PAID FROM YOUR ACCOUNT IN BIDSAND/OR FEES, AS APPLICABLE, IN THE SAME TWELVE (12) MONTH PERIOD AND IN RELATION TO THE SERVICE RELEVANT TO WHICH THE LIABILITY IN QUESTION HAS ARISEN.

20.4. THE GROUP (INCLUDING ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) WILL NOT BE LIABLE TO YOU IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY BUSINESS LOSSES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, REPUTATION OR BUSINESS INTERRUPTION OR FOR ANY LOSSES WHICH ARE NOT CURRENTLY FORESEEABLE BY US ARISING OUT OF THESE AGREEMENTS OR YOUR USE OF THE SERVICES.

20.5. NOTHING IN THESE AGREEMENTS WILL OPERATE SO AS TO EXCLUDE ANY LIABILITY THE GROUP MAY HAVE IN RESPECT OF EITHER FRAUD, OR DEATH, OR PERSONAL INJURY CAUSED BY THE GROUP'S NEGLIGENCE.

21. NOTICES/COMPLAINTS

If you have any complaints, claims or disputes with regard to any outcome regarding the Services or any other activity, you must submit your complaint to Group in writing as soon as is reasonably practicable following the date of the original transaction to which the claim or dispute refers. Complaints may be submitted by email to complaints@strike2win.com. You may also submit notices to us in writing at: Strike2Win, LLC 303 Park Avenue South, Suite 1057, New York, NY 10010. Any notice we give to you (save as otherwise set out herein) will be sent to the email address that you provide when you register your Account. It is your responsibility to give us notice of any changes to this address through the 'Change Email' facility in our software and to regularly check your email account for emails from the Group.

22. DATA PROTECTION

22.1. Group may share your personal data with any of its agents who may only use such data for strictly the same purposes as Group shall specify and within the terms of these Agreements. The Group shall use your personal data in accordance with the Privacy Policy.

22.2. You should assume that all use of our website, and emails and telephone calls between you and Group will be recorded. These recordings will be the sole property of Group and may be used as evidence in the event of any dispute or to improve customer services.

23. GOVERNING LAW

These Agreements shall be governed by and construed in accordance with the laws of the State of New York, USA. Any controversy, claim or dispute arising out of or related to the agreement or the interpretation, performance, or breach hereof, shall be resolved solely and exclusively by final and binding arbitration initiated and conducted according to the JAMS/Endispute Comprehensive Arbitration Rules and Procedures in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”). The arbitration shall be conducted in the State of New York in accordance with the laws of the State of New York, before a single neutral arbitrator and the members of any Appeal Panel shall be retired judges or justices of any New York state or federal court. If any part of these Agreements is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity of the remainder of the Agreements, which shall remain valid and enforceable according to their terms.

24. ASSIGNMENT

We reserve the right to transfer, assign, sublicense or pledge these Agreements, in whole or in part, to any person (but without your consent) without notice, provided that any such assignment will be on the same terms or terms that are no less advantageous to you. You may not assign, sublicense or otherwise transfer in any manner whatsoever any of your rights or obligations under these Agreements.

25. THIRD PARTY RIGHTS

Except insofar as these Agreements expressly provide that a third party may in their own right enforce a term of these Agreements, a person who is not a party to these Agreements has no right under local law or statute to rely upon or enforce any term of these Agreements but this does not affect any right or remedy of a third party which exists or is available other than under local law or statute.

26. ENTIRE AGREEMENT, MODIFICATION AND AMENDMENTS

You fully understand and agree to be bound by these Agreements and as modified and/or amended by the Group from time to time. The Group may amend these Agreements at any time either by emailing you notification of the new terms and/or by publishing the modified Agreement(s) on the relevant page of the Platforms or any place through which you access the Services. Any such modification will take effect within thirty (30) days of publication. If any modification is unacceptable to you, your only recourse is to terminate these Agreements. Your continued use of the Services following notification or as the case may be such thirty (30) day period will be deemed binding acceptance of the modification. It is your sole responsibility to review these Agreements and any amendments each time you play. These Agreements and the documents referred to herein represent the complete and final agreement between you and the Group in relation to this agreement and supersede any and all prior agreements between you and the Group.

27. Bidding Terms

Group reserves the right to use symbols (such as 1,X,2) and abbreviations for the indication of bidding outcomes. Group will at any time maintain a help section on this website providing information about the bidding types and terms used. Group advises you to familiarize yourself with the exact details of any bid before placing it. Any additional information detailed at the top or bottom of event displays forms part of the bidding rules for the particular event and in the event of any disparity, shall take precedence over these terms. Group advises you to read all of this information carefully.

27.1. Limits on Bids

Group reserves the right to limit the maximum amount bid for each single or multiple bid. This maximum shall apply independently of the number of bids placed or pending or the amount bid or pending.

27.2. Acceptance and Validation of Terms

27.2.1.. Bids must be made online via the www.strike2win.com website.

27.2.2. A bid is deemed to be valid following confirmation of acceptance from Group's remote servers. This acceptance is demonstrated by the bid’s transaction code that will appear on screen. When a bid is placed and accepted, the corresponding amount is charged against your Account. Once accepted, bids cannot be cancelled or amended in any way.

27.2.3. Group reserves the right to void any bid which may be inadvertently accepted when your Account does not have sufficient funds to pay for the bid placed.

27.2.4.. All bids must be made and accepted during the relevant Event. Any bid placed or received after the conclusion of the Event will be void.

27.2.5.. If, in the case of live bidding, delayed TV coverage or data transmission a result occurs in which a bid is placed at the incorrect price or time, and as a result a bidder or bidders gain a significant advantage as a direct or indirect result of this, the Group reserves the right to void the bid.

27.2.6.. Group reserves the right to suspend, modify, remove and/or add any Service at its absolute discretion with immediate effect and without notice and it will not be liable for any such action.

28. Anti-Cheating Policy

We are committed to preventing the use of unfair practices in the Services, including but not limited to bidder collusion. We are also committed to detecting and preventing the use of software programs which are designed to enable artificial intelligence to play on our Platforms including, but not limited to, opponent-profiling, cheating software or anything else that we deem enables you to have an unfair advantage over other bidders not using such programs or systems ('AI Software'). You acknowledge that the Group will take measures to detect and prevent the use of such programs and AI Software using methods (including but not limited to reading the list of currently running programs on a bidder's computer) and you agree not to use any AI Software and/or any such programs. Go to our Unfair Advantage Policy.

28.1. Software

You may install and use the computer programs we make available from the Platforms used to provide the Services (the 'Software') on a hard disk or other storage device and make backup copies of the Software, provided that such use and backup copying is only for your own personal use in using the Services in accordance with these Agreements, and further, that such installation and use is made through a computer of which you are the primary user. The Software's structure, organization and code are the valuable trade secrets of the Group and/or its subsidiary or parent or associated companies and/or its licensors. You obtain no rights to the Software except to use it in accordance with these Agreements. Save as expressly permitted by law, you are strictly prohibited from, and agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software or any part of it or to create, publish or distribute derivative works from the Software. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by any applicable laws, restrictions or regulations.

28.2. Shared Database Platform

The Group reserves the right, but is not obliged, to run and utilize a shared, server and database platform or system ('Shared Platform') which enables Service users to bid with others from other websites and brands operating on the same Shared Platform. If a Shared Platform is used, you agree that you may be pooled into these common bidders, at the Group's sole discretion, and that to the extent that you breach the terms and conditions of one site or brand that operates on the Shared Platform, the Group may have you blocked, in part or full, from the entire system so that you may not bid through any site or brand using or on the Shared Platform. Without limitation to the restriction on having multiple accounts with us (please see Section 4), the Group may require that you only have one account on the Shared Platform if the same is used.

28.3. Settlement of Disputes

If there is a discrepancy between the result showing on the Software (as installed and operated on your hardware) and our server, the result showing on our server shall govern the result. Moreover, you understand and agree that (without prejudice to your other rights and remedies) the Company records shall be the final authority in determining the terms of your use of the Services, the activity resulting there from and the circumstances in which such activity occurred.

28.4. Unfair Advantage Policy

We are committed to taking all reasonable measures, and to do so immediately to prevent anything that either diminishes the user experience on the site, or that gives another bidder an unfair advantage over you when you bid against them.

To this end, we forbid all unfair practices. We do this to protect our customers and the integrity of our systems.

28.4.1. What are unfair practices?

Unfair practices means any practice (including but not limited to the use of BOTs, AI, multiple account use and/or practices conducted in collaboration with other bidder) carried out by one or more bidder, with one or more accounts which could put any other bidder not engaging in such activity at a competitive disadvantage where the unfairness in such activity is due to its success being based to some extent on concealment and/or deception against such bidders. One way of thinking about this is to consider whether a group of peers, when presented with information about the practice, would overwhelmingly consider that practice to be unfair.

28.4.2. Examples of practices we deem to be unfair (please note, this list is not exhaustive but simply illustrative of the types of practices we will always consider unfair):

28.4.2.1. Collusion:

Two or more bidders sharing and using their combined knowledge to gain an advantage over other bidders at an auction.

28.4.2.2. The Use of "BOTS":

Certain companies offer for sale programs ("BOTS") specifically created to play a game in place of an actual (human) player, and conceal its use from the other players, and avoid detection by the online auction site. These programs are marketed by explicitly promising the prospective purchaser-user an unfair advantage over other online bidders not using that program.

28.4.2.2.1. What counter-measures are we taking to prevent the use of BOTS?

Our efforts can be divided into three separate categories: (i) identification & detection; (ii) warning/suspending offending users; and (iii) additional measures through enlarged customer choice.

Identification and detection counter-measures are in-place now and have been for some time. These efforts will continue to improve - so that we're able to more precisely detect existing BOTS, but more importantly so that as new BOTS are created/released, we can also prevent those from eroding the experience when on the website.

Once identified, a bidder using programs in this Forbidden Category will be notified. In that notice, we explain what we believe this bidder is doing and what steps we will take if he does not stop doing it immediately. We are also prepared to suspend their Account and confiscate the funds in that Account without prior notice.

28.4.2.3. Other Prohibited Programs

The following programs (including but not limited to) are prohibited from being used on our site: (i) advertise as a key feature that the auctioneer/buyer/user will gain an unfair advantage (quite often they even use the word "cheat") over the other bidders in other words, they promise to help a bidder to cheat; or (ii) their use by the auctioneer/buyer/user is intended to remain concealed from the other bidders and from the "operator" (i.e., the online gaming room); or (iii) steal legally protected material (e.g., bidder identities) that violate International Copyright Laws as well as Privacy Laws.

28.4.2.3.1. Do the efforts involve "data mining" or other intrusive means to access/read files on my computer as part of these efforts?

Yes, we do. It is imperative that you know that we do this and also what particular data we are looking for. It is also imperative that you understand why we need to, and how in doing so we are keeping you and other bidders of our site safe. Our automated software reports on any processes or programs running on your computer that have been identified as prohibited software falling within our policy. We do not scan your hard drive or take screen shots from your machine. The very limited data that is provided to us is used only to query bidders computers while they're “live” on our auction site, and it is done solely for the purpose of detecting the use of the offending type of software we are trying to detect. This type of monitoring remains one of the key counter-measures against the abuses caused by BOTS which we believe are against the interests of our bidders and Strike2Win. To find out more about our general policy with regard to data processing, please see our Privacy Policy.

28.4.3. Consequences of Unfair Practices:

Where we in our absolute discretion determine an unfair practice has taken place (whether an advantage has been gained or not) the person or persons responsible for that practice will face one or all of the following consequences:
We may email the offender(s) and demand the immediate cessation of all unfair practices;
We may suspend the offending account(s) for the purposes of conducting a thorough investigation into the unfair practices'
Ultimately, we reserve the right, in our sole discretion, to terminate the offending account(s) indefinitely and for all funds in the account(s) to be forfeited.

PLEASE PRINT THESE TERMS AND CONDITIONS AND STORE FOR YOUR FUTURE REFERENCE. IN ADDITION, WE SUGGEST THAT YOU PRINT AND STORE ALL TRANSACTION RECEIPTS AND AUCTION RULES AS APPLICABLE TO YOUR ACTIVITIES.

If you have any questions, please contact our 24/7 Customer Care Team.