Terms and Conditions
Win4Causes™ Terms of Service
1. In General
The following General Terms of Service ("Terms") shall apply exclusively to the business relationship between Win4Causes™ ("W4C"), its internet platform www.lastclick.com ("the Website") and our users. By using the Website and clicking agree to terms, the User accepts the following General Terms and Conditions, as well as the manner in which the Website operates as described herein and on the Website.
Promotions. Any special promotions run by W4C shall only be valid if they are announced on the Website or in its corresponding email newsletter and only for the limited time announced.
Posted advice. Any bidding advice or other written advice (for instance, 'Help Topics' articles) posted on the Website are provided solely as suggestions and are not intended to be relied upon. W4C is not responsible for any actions taken due to a User or other person having read or been told about such advice.
We advise all users to monitor their bidding practices. Placing bids on the Website frequently or repeatedly can incur high costs. Users should therefore pay attention to their bidding practices and check their charges regularly.
2. Eligibility / Registration / Disqualification
Eligibility. By registering for the W4C site and service, by purchasing a bid, and/or by placing a bid on the Website, the User declares that they are over the age of 18 and legally capable of willing to enter into binding contract. It is W4C's policy to conduct the auctions in a fair and impartial manner. Therefore, W4C undertakes not to bias or otherwise interfere with the auction protocol and process in any way. To that end, employees and relatives of employees of W4C, or any of its affiliates are not eligible to participate in the Website auctions under any circumstances.
W4C's products and services are offered exclusively to individual users for their personal, non-commercial use. We do not offer the W4C's products and services to commercial or partly-commercial resellers. W4C reserves the right to exclude anyone it has reason to believe is such a commercial reseller from participation in auctions and to close their User accounts at any time.
Registration. Each User may register only once using his or her full name, postal address and a valid electronic mail (“e-mail”) address (“User”). Registration using Post Office Boxes or equivalents is not permitted. Additionally, only one User registration per household is permitted.
During the registration process, the User must choose a username. The username should be appropriate. It must not be offensive, be deceptive or misleading, be obscene or offend common decency, or infringe the intellectual property rights of third parties. If W4C receives credible information that a username is illegal or in breach of any of these Terms, W4C can replace this username without prior notice.
During the registration process, the User must also choose a corresponding User password which is to be kept secret by the User. User accounts created during registration are non-transferable. The User account may be used only by the User and not by anyone else.
Unless the User can demonstratively prove the absence of any fault on their part, the User shall be liable for all activities that are undertaken using the User account together with the associated password.
Disqualification. W4C shall have the right at its sole discretion to temporarily or permanently disqualify the User, and/or disable his or her account, in the event we become aware of any of the following:
- breach of these Terms or other policies or rules of W4C posted on the Website
- use of the W4C website for any illegal activity
- any abuse or unauthorized use of the User account
- actions or omissions of the User, which in W4C’s sole discretion, are to the detriment of W4C or third parties
Examples of usage that could lead to disqualification or suspension of a User’s account include (but are not limited to) non-payment of bids, use of unauthorized third-party bidding software or the creation of multiple User accounts by the same individual or household.
In the event of a breach of these Terms, W4C reserves the right, amongst other remedies, to withhold deliveries or refunds for bids. Furthermore, W4C reserves the right, at its sole discretion, to limit the number of auctions a User may participate in or the number of their successfully finished auctions. Without limitation, it shall be a breach of these Terms if a User provides any information that is false, inaccurate or misleading or if the User engages in any unlawful activity in connection with the Website, or if the User creates or attempts to create interference with the proper working of the Website.
3. Purchasing Bids / Bonus Bids
Rights to bid in an auction ("bids") must be paid for by users prior to online bidding. Bids can be purchased in packages ("Bid Packs") at the prices in force at the time of purchase. The term of each bid is generally for the duration of the auction for which it was purchased or [six months], whichever is longer. Details can be found on the Website under "Buy Bids". Once purchased, Bids can be used for the auction for which they are purchased, or if unused, for another auction on the W4C Website for which the seller or participating charity has agreed to accept such bids. Unused bids will expire according to their terms, and are only refundable within the first ten days after purchase, and prior to any of the bids being used. Once any bid in any bid pack is used, the bids are no longer refundable. If you would like a refund, please contact us.
Payment can be made by credit or debit card or via payment agents such as PayPal. Should a payment not be honored by a User, a returned payment fee will be charged to the User. Certain bids (e.g. some "Bonus Bids") are do not require a purchase by the User. Any such bids are valid only for a limited time and upon expiration of the time stated, the bids are no longer valid. Once a User purchases bids, they will be considered eligible to bid on an auction. If the User later charge’s back, or otherwise does not honor the payment previously agreed to, any and all bid’s by the User will, in W4C’s sole discretion, be considered null and void.
4. How to Place a Bid
Users can bid in two ways online. Bids can be placed by physically clicking on the bid buttons, or may, if implemented by W4C, be placed automatically (“Autobid”). Once a bid is placed, it is deducted from the User's bid account.
If Implemented, in W4C’s sole discretion, The AUTOBID allows bidding on an auction even if they are not online at that time. The AUTOBID automatically submits bids according to the specifications set in advance by the User. THE USER IS PROHIBITED FROM USING BIDDING SOFTWARE NOT AUTHORIZED BY W4C. DOING SO WILL CONSTITUTE A BREACH SUBJECTING THE USER TO IMMEDIATE DISQUALIFICATION.
5. How An Auction Works
With each bid placed the price of the item on which the User is bidding increases by the amount designated on the Website by W4C. A bid submitted by the User conveys the willingness of the User to enter into a binding contract with W4C for the item offered at the price of that bid. In the event that bid is the last bid made at the end of an auction, the bid and offer will be deemed accepted by W4C, and constitutes a binding contract with W4C to purchase the item of the auction at the bid price and under the conditions set out in the pages which provide the details for each specific auction. A contract to purchase the item does not come into effect until the auction is finished and the last bidder has followed all the steps in section 6.
Each new bid placed resets the "countdown timer" which displays the time remaining in the auction. For more information, please consult the 'Help Topics' section. The auction ends when the remaining time reaches zero. The User who was the last to bid then wins the auction. All other bids on the item expire and, as indicated, are non-refundable. The last bidder is determined to have made an offer for the item or experience presented for auction, according to the records in W4C's database. W4C's determination of the last bidder shall be final.
6. Acceptance of the Win and Payment
After an auction has ended, the last eligible bidder (the "Winner") will be presented with a screen where the final auction price is displayed, and the last bidder may then pay for the auction or another webpage if so indicated. The last bidder will also be sent an email, at the email used to register, with a link and information on how to purchase the item or experience available for auction. Here, information on total price (including shipping costs, taxes, etc.) and payment options will be displayed. The User must actively confirm by clicking on the “Pay Now” button, and pay the total price for the win by following the steps indicated on that page or elsewhere if indicated within 72 hours of the last bid. Once the Winner has confirmed and paid for the auction, the purchase is accepted and the Winner will receive a confirmation e-mail from W4C. Subsequently the item or information related to the purchase will be delivered to the Winner (subject to the remedies for breach of a Term set out in this Agreement.)
If an auction win has not been confirmed by the winner and paid within 72 hours of the auction end time, W4C reserves the right to withdraw the offer to conclude a contract or offer the event or experience to the next to last bidder, who shall then be considered the Winner, for purchase at the auction price of the last bidder in accordance with this Section 6, and so on and so forth until the auction price has been paid or W4C withdraws the offer, in W4C’s sole discretion. If W4C withdraws the offer, the Winner's right to pay for and receive delivery of an item will be permanently revoked and the offer shall be deemed rejected. In this instance, the bids placed in that auction are non-refundable.
Should bids that have already been purchased and used by a User not have been fully paid for, payments subsequently received from this User shall be treated as payment toward the bids not yet fully paid for. W4C reserves the right to retain the item purchased at auction until all bids and the total price have been paid for in full. W4C reserves the right to charge the winner reasonable storage charges for items not paid for. If the last bidder or winner has not fully paid for any and all items within the given period where payment for the auctioned item or experience is required, the last bidder, may in W4C’s sole discretion, be removed from the ”eligible bidder” list.
A receipt containing the auction price shipping costs and taxes, if applicable, will be sent to the User by W4C once delivery has been arranged.
Publicity. W4C reserves the right to publish the name, region address and photograph of any winners. This rule is one of the conditions of participating on the Website, which allows W4C to provide the public with proof of the auctions won by users. As a winner of a major auction, you may be asked, depending on advertising needs, to take part in a photo session and a brief interview about the circumstances surrounding your win. The following rules apply to the photo session:
- The face must be uncovered
- W4C might require photo ID to confirm the winner's usual appearance. If a winner refuses to comply with these rules, W4C reserves the right to suspend fulfillment of the goods or services won.
The information gathered may be used to write a press release sent to the media. Your win will also likely appear in one of W4C's commercials, including but not limited to, television and radio, as well as on the Website.
Winners may not resell or otherwise auction or transfer the Auctioned Items to another individual or entity if the Auctioned Items contain more than an item or fixed article. If the Auctioned Items contain participation in an event or other activity or experience, the Auctioned Items may not be transferred without W4C’s express written approval about the specific Auction Items.
Unless otherwise stated, delivery of any goods or services, will be made directly to the address provided by the User by the seller. Deliveries are made solely within the 50 states of the United States (explicitly excluding the U.S. sovereign territories of Guam, Puerto Rico and the U.S. Virgin Islands). Some restrictions or higher shipping costs may apply if the delivery address is in Alaska or Hawaii. Please check notifications on the pages which provide the details on each specific auction in advance.
Delivery times vary and any delivery time indicated is provided only as a guide and is not guaranteed. Delivery is the responsibility of the seller and not W4C. However, W4C will use commercially reasonable, good faith efforts to enforce its contractual rights with the seller to ensure that all goods and services purchased are provided in the manner agreed. Obvious damage to the item or packaging during transport must be reported to W4C and the seller by the winner upon taking delivery.
Should the seller not be able to deliver the item ordered, the winner should notify W4C. W4C reserves the right to deliver a comparable substitute product that has the same or better features. The winner shall then promptly notify W4C if it wishes to receive this substitute or if it prefers to receive a refund of the final auction end price.
8. Compensation for Defects
If there is a defect in the product received and the winner wishes nevertheless to retain the product and receive compensation from W4C for the reduction in value arising from the defect, the winner must provide W4C with reasonably sufficient evidence of the defect and the reduction in value. Accordingly, minor defects will occasion a minor compensation to the winner by W4C. The winner must make such claim within the fourteen day period after receiving the goods or services purchased.
9. Disclaimer of Warranty and Limitation of Liability regarding the Use of the Website.
User expressly agrees that use of the Website is at User's sole risk. Neither W4C, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the Website will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Website, or as to the accuracy, reliability or content of any information, service, or merchandise provided through the Website.
The Website is provided on an "as is" basis. To the maximum extent permitted by law, W4C 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, W4C 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, server 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 W4C 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 W4C, or any person or entity involved in use of a W4C auction, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Website. User hereby acknowledges that the provisions of this section shall apply to all content on the Website.
In addition to the terms set forth above, neither W4C, 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 unauthenticity of, the information contained in the Website, 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 W4C, its affiliates, information providers nor 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.
10. Disclaimer of Warranty and Limitation of Liability regarding Purchases from the Website.
W4C will use commercially reasonable efforts to ensure that each seller provides the goods and services that conform in all material aspects to the description in the auction. The warranty period and service, if any, will vary by seller and by manufacturer and product. W4C will require each seller to make the full text of any such warranty available, free of charge on the Website or otherwise upon a seller’s request. Warranty is excluded with respect to any products which are used products and Bid Packs.
W4C shall not be liable for personal injury and property damage resulting from the improper handling, modification or misuse of the products by the winner or any other person following delivery by W4C. In no event shall W4C be liable to any person for incidental or consequential damages relating to the products, 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.
11. System Outage / Temporarily 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 three (3) minutes will be added to the auction timer; W4C reserves the right, at its sole discretion, to add more than three (3) minutes to the countdown timer. The Website shall indicate when an auction has been temporarily halted. It is the User's responsibility to verify the time remaining on the countdown timer after an outage. Bidders who were bidding in auctions which were temporarily halted shall not have a right to 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) without errors, or to rule out any unpredictable events in connection with the internet (hereinafter referred to collectively as "technical faults"). W4C, therefore, provides no guarantee of the uninterrupted availability of its website and technical systems.
12. Claims by Users
In the unlikely event that W4C is unable to resolve a complaint a User may have to the User’s satisfaction (or if W4C has not been able to resolve a dispute it has with a User after attempting to do so informally), W4C and the User each agree to resolve any dispute arising out of related to the Website or the goods and services available through the Website (each a “Claim”) through binding arbitration pursuant to the provisions of Section 14 below (the “Arbitration Provision”).
13. Binding Arbitration
Initiation of Arbitration Proceeding/Selection of Arbitrator. The party initiating the arbitration proceeding may initiate the arbitration proceeding with American Arbitration Association (“AAA”), 335 Madison Ave., Floor 10, New York, NY 10017-4605, 1-800-778-7879, www.adr.org under the Commercial Arbitration Rules of the AAA.
Arbitration Procedures. Because the services provided to you on the Website concern interstate commerce, the Federal Arbitration Act (“FAA”), not state arbitration law, shall govern the arbitrability of all Claims. Any state statutes pertaining to arbitration shall not be applicable under this Arbitration Provision. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization chosen, this Arbitration Provision shall govern. A single arbitrator will resolve the Claim. You should know that participating in arbitration may result in limited discovery depending on the rules of the arbitration organization that is chosen to resolve the Claim. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect confidential or proprietary information. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. An award rendered by the arbitrator may be entered in any court having jurisdiction over the parties for purposes of enforcement. The decision of the arbitrator shall be final and binding, except for any appellate right which exists under the FAA.
Restrictions: YOU MUST CONTACT US WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A CLAIM OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT OR FACTS. ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL). ALL PARTIES WAIVE ANY CLAIM TO INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR MULTIPLIED DAMAGES ARISING FROM OR OUT OF ANY CLAIM.
Location of Arbitration. The arbitration will take place in [county/state of home office of W4C].
Payment of Arbitration Fees and Costs. THE PARTY INTIATING THE ARBITRATION MUST ADVANCE ALL ARBITRATION FILING FEES AND ARBITRATOR’S COSTS PRIOR TO THE COMMENCEMENT OF THE ARBITRATION. EACH PARTY IS RESPONSIBLE FOR ALL ADDITIONAL COSTS THAT IT INCURS IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS OR EXPERT WITNESSES. IF THE ARBITRATION PROCEEDING IS DECIDED IN W4C’S FAVOR, THE USER SHALL REIMBURSE W4C FOR ITS FEES AND COSTS TO THE EXTENT AWARDABLE IN A JUDICIAL PROCEEDING.
14. Trademarks and Copyrights
The mark win4causes.com and W4C's logos and design marks are trademarks of W4C, or one of its subsidiaries or affiliates. All rights with respect to those marks are reserved. All other trademarks appearing on the Website are the property of their respective owners. W4C claims copyrights in all content of this site.
15. Service and Support for Products Purchased
All requests for technical service and support relating to products purchased on the Website should be made directly to the manufacturer in accordance with their terms and conditions.
16. Applicable Law
This Terms of Service Agreement and your use of the website shall be governed by the laws of Nevada, without regard to its conflicts of laws principles or its enactment of the Uniform Commercial Code. The UN Convention on the International Sale of Goods shall not apply.
17. Protection of Data
The protection of your data is very important to us.
18. External Links
Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites.
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 and all websites linked to the W4C website. We cannot take any responsibility for the content of or the data protection and privacy practices of third-party websites.
The contract between W4C 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 General Terms or any of their rights or obligations without W4C's prior written consent.
W4C has the right to revise and amend these General Terms from time to time in its absolute discretion, including but not limited in response to changes in market conditions affecting W4C's business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in W4C's system capabilities.
All users will be subject to the policies and terms and conditions in force at the time that they have successfully bid for items listed on the Website, unless any change to such policies or terms and conditions is required to be made by law or governmental authority or W4C notifies its users of the changes to such policies or General Terms before W4C sends information relating to delivery (in which case W4C has the right to assume that all successful winners have accepted the changes to the terms and conditions unless notified to the contrary within 7 working days by the User of the items).
This Agreement and any operating rules for the Website established by W4C 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.