Bargain Tuesday

TERMS AND CONDITIONS OF BARGAIN TUESDAY’S AUCTION (“TERMS AND CONDITIONS”)

AGREEMENT

This is an Agreement between you and the Organizers (as defined herein) in respect of your use of mySimplifieds.com portal and participation in Bargain Tuesday’s Auction (the “Auction”).

By using mySimplifieds.com portal and by participating in the Auction, you signify your acceptance to be bound by these Terms and Conditions without limitation or qualification. These terms and conditions may be revised at any time by updating the posting at www.mysimplified.com without any prior notice to you. You shall be bound by any such revisions and are advised to review these Terms and Conditions whenever you access www.mysimplifieds.com. Your use of www.mysimplifieds.com after the posting of modifications or other changes shall constitute your acceptance of the Terms and Conditions so modified or changed. The Organizers (as defined herein) shall not be held liable for your omission to check the modifications and changes of the Terms and Conditions.

• The Auction. The Auction commences on 12 July 2010 and ends on 14 September 2010. During the Auction, the Organizers shall put up for bidding one (1) merchandise of its choice (the “Merchandise”) for each Bidding Period (as hereinafter defined).
• The Organizers. The organizers of the Auction are DiGi Telecommunications Sdn. Bhd. and MediaCliQ Sdn. Bhd. (the “Organizers”).
• Bidding on the Auction.
  • Eligibility. To participate in the Auction, you:
    • must be a Malaysian citizen or a person residing permanently in Malaysia; and
    • must be a registered user of www.mysimplifieds.com, (the “Registered Bidders”).
  • Genuine Registered Bidders. Registered Bidders must participate in the Auction with the intention and ability to make payment for the Merchandise should he/she be the Lowest Unique Bid Bidder (as hereinafter defined) at the close of the Bidding Period (as hereinafter defined).
  • Disqualification. The Organizers reserve their rights to disqualify any Registered Bidder, Lowest Unique Bid Bidder, Successful Bidder (as hereinafter defined) and/or registered users of the Website without giving any prior notice, in the event the Organizers have reasonable grounds to suspect that the Registered Bidder, Lowest Unique Bid Bidders, Successful Bidder and/or registered users of the Website has (i) tried to fool the system by trickery or sub-standard methods; (ii) participated in a doubtful, bad or delinquent manner; (iii) participated using unlawful means; or (iv) for any reason whatsoever.
  • Under-aged Registered Bidders. For Registered Bidders below eighteen (18) years of age, by bidding in the Auction, such Registered Bidders confirm they have obtained prior consent from their respective parents or guardians.
• Bidding Rules for the Auction. The bidding rules for the Auction are as follows:
  • Type of Auction. The type of auction for the Auction is the unique bid auction.
  • Bidding Period. Bidding for each Merchandise opens at 12.00noon on Tuesday and closes at 11.59am on the following Monday (the “Bidding Period”).
  • The Auction Application. Bidding at the Auction is made from an application accessible from http://apps.facebook.com/bargaintuesday/ (the “Auction Application”).
  • Tokens.
    • Tokens are granted to the Registered Bidder as follows:
      • Three (3) tokens for each Bidding Period;
      • One (1) token of every invitation sent to friends and family to participate in the Auction by using the function designated for inviting friends and family which is available on the Auction Application (the “Share With Friends Function”);
      • Three (3) tokens of every new Registered Bidder resulting from the Registered Bidder’s efforts of inviting friends and family to participate in the Auction by using the Share With Friends Function.
    • There is no limit as to the number of tokens that a Registered Bidder may accumulate.
    • Subject to paragraph (iv) below, tokens granted to Registered Bidders do not expire.
    • iv. The Organizers reserve their right to withdraw all of the tokens granted to the Registered Bidders at the end of the Auction without giving any notice. In addition, the Organizers may at their sole discretion withdraw any or all of the tokens which have been granted to the Registered Bidders at anytime and without notice to the Registered Bidders if the Organizers determines the Registered Bidder has breached any of the terms of the Auction.
  • Use of Tokens.
    • One (1) token is required to submit one (1) bid in the Auction.
    • Regardless of the number of tokens accumulated, each Registered Bidder may submit up to thirty (30) bids only in each Bidding Period.
  • Lowest and Highest Limit on Bid Prices. The Organizers will specify the lowest and highest limits on bids prices for the Merchandise. Such limits which will be displayed prominently on the Auction’s webpage.
  • How to Bid. Subject to paragraph 4(e) above, Registered Bidders may submit bid(s) at any price between the lowest bid limit and the highest bid limit in multiples of Ringgit Malaysia One (RM1.00) Only.
  • Display of Lowest Unique Bid Bidders. The profile of the lowest twenty unique bid bidders will be displayed on the Auction’s webpage.
  • Lowest Unique Bid Bidder. The Registered Bidder whose bid is the lowest unique bid received at the close of the Bidding Period is the Lowest Unique Bid Bidder and the Merchandise on auction will be offered for sale to the Lowest Unique Bid Bidder.
  • Pre-Determined Price. The Merchandise will be offered for sale to the Lowest Unique Bid Bidder at the price announced by the Organizer (the “Pre-Determined Price”) and displayed prominently on the Auction’s webpage. For the avoidance of doubt, the selling price of the Merchandise is not the Lowest Unique Bid Bidder’s bid.
  • Payment. The Lowest Unique Bid Bidder shall make the necessary payment at the Pre-Determined Price in accordance with clause 5(c) in order to purchase the Merchandise.
• Lowest Unique Bid Bidder, Payment for Merchandise Sold and Delivery or Collection of Merchandise.
  • After the end of the Bidding Period, the Organizers will notify the Lowest Unique Bid Bidder via the mobile phone number provided by the Bidders during registration for a www.mysimplifieds.com account. In the event the Organizers are unable to reach the Lowest Unique Bid Bidder at the third attempt, the Lowest Unique Bid Bidder shall be deemed to have waived his/her right to purchase the Merchandise and he/she shall not have any claims whatsoever against the Organizers. The Organizers may at its sole discretion decide to offer the Merchandise for sale to the next lowest unique bid bidder.
  • Lowest Unique Bid Bidder must produce valid identification document which must match the personal details registered on www.mysimplifieds.com, in order to purchase the Merchandise.
  • The Lowest Unique Bid Bidder or the next lowest unique bid bidder as the case may be, will be required to make payment for the Merchandise, within the time stipulated by the Organisers. Payment must be made via the mysimplifieds.com’s online payment gateway. In the event payment is not received within the stipulated time, the Lowest Unique Bid Bidder (or the next lowest unique bid bidder as the case may be)shall be deemed to have waived his/her right to purchase the Merchandise and such Lowest Unique Bid Bidder (or the next lowest unique bid bidder as the case may be) shall not have any claims whatsoever against the Organizers. The Organizers may at its sole discretion decide to offer the Merchandise for sale to the next lowest unique bid bidder.
  • The Lowest Unique Bid Bidder or the next lowest unique bid bidder as the case may be, who has successfully paid for the Merchandise (the “Successful Bidder”) may choose to collect the Merchandise personally from a location designated by the Organisers or request for the Merchandise to be sent to them.
  • If the Successful Bidder chooses to have the Merchandise sent to them, then, the Successful Bidder must pay a fixed delivery charge. The Organizers will on a best endeavour basis arrange for the Merchandise to be delivered to the Successful Bidder within fifteen (15) working days from the day payment is received.
  • If the Successful Bidder chooses to collect the Merchandise personally, the Successful Bidder must do so within the time stipulated by the Organisers. The Successful Bidder who does not collect the Merchandise within the stipulated time shall be deemed to have waived his/her right to the Merchandise and will not be able to claim the Merchandise after the stipulated time has passed nor will a refund be given. The Organizers shall not entertain any communication in regards to non-claimant of the Merchandise after the stipulated time has passed and the Successful Bidder shall have no claims whatsoever against the Organizers as a result of such forfeiture.
  • If the Successful Bidder is unable to personally collect the Merchandise, the Successful Bidder may, by a letter of authority, authorize another person to collect on the Successful Bidder’s behalf. Identification of the authorised person and the letter of authority must be produced at the time of collection of the Merchandise.
  • The Organizers sell all Merchandise “as is” where is basis. Merchandise sold cannot be returned, are non-transferable and cannot be exchanged or substituted for cash, credit, or in kind. The Organizers shall not be responsible for any change in the value of any of the Merchandise.
  • The Successful Bidder may be governed by a separate set of terms and conditions imposed by the sponsors and/or any other third party from whom the Merchandise are procured.
  • Pictures or images of the Merchandise are solely for the purpose of illustration only.
  • The Organizers reserve the right to disqualify any Registered Bidders, Lowest Unique Bid Bidders and/or Successful Bidder and/or withhold the sale of any of the Merchandise aforementioned at the Organizers sole and absolute discretion should the Registered Bidders, Lowest Unique Bid Bidders and/or Successful Bidder be found to be ineligible or there are any fraud cases detected before the Merchandise are sold and/or delivered.
• General Terms and Conditions.
  • The Organizers reserve their rights and may at their sole and absolute discretion to alter, cancel, suspend or terminate the Auction or any part thereof or to disqualify the Registered Bidders, Lowest Unique Bid Bidder and/or the Successful Bidder for any reason whatsoever without any prior notice and no compensation in cash or in kind shall be given to the Registered Bidders, Lowest Unique Bid Bidders and/or the Successful Bidder. Cancellation, termination or suspension by the Organizers of the Auction shall not give rise to any claim or compensation by the Registered Bidders, Lowest Unique Bid Bidder and/or the Successful Bidder against the Organizers for any and all loss or damage suffered or incurred by the Registered Bidders, Lowest Unique Bid Bidder and/or the Successful Bidder as a direct or indirect result of the act of cancellation, termination or suspension.
  • The Organizers reserve their rights and may at their sole and absolute discretion vary, delete, revise or add to any of these Terms and Conditions from time to time without prior notice. Any such variations or revisions of the Terms and Conditions made by the Organizers shall be reflected on www.mysimplifieds.com and/or the Auction Application from time to time and all Registered Bidders shall be bound by any such variations or revisions.
  • The Organizers do not warrant that the Auction shall be uninterruptible and/or error free.
  • The Organizers reserve their rights and may at their sole and absolute discretion reject a bid that is deemed ineligible for the Auction without prior notice or assigning any reasons whatsoever.
  • The Organizers reserve their rights and may at their sole and absolute discretion use the information or publish any information related to the Registered Bidders, Lowest Unique Bid Bidder and/or the Successful Bidder including but not limited to the Registered Bidders’, Lowest Unique Bid Bidder’s and/or the Successful Bidder’s names and photographs for any purpose whatsoever without giving prior notice.
  • The Organizers reserve their rights and may at their sole and absolute discretion withhold any or all of the Merchandise in the event there are any fraud cases detected or any other unlawful reasons.
  • The Organizers shall not be liable for any loss or damage (including without limitation loss of income, profits or goodwill, direct or indirect, incidental, consequential, exemplary, punitive or special damages of any party including third parties) howsoever arising whether in contract, tort, negligence or otherwise, in connection with the Auction, even if the Organizers have been advised of the possibility of such damages in advance, and all such damages are expressly excluded.
  • The Organizers shall not be liable and/or responsible for the transportation cost pertaining to utilization of the Merchandise, any expenses incurred by any travel arrangements, accommodations of the Registered Bidders, Lowest Unique Bid Bidder and/or the Successful Bidder and/or any other issues thereof.
  • The Organizers shall not be responsible or liable for any claims of loss or damage to property or any personal injury or loss of life resulting from or in connection with the Auction or the Merchandise on auction.
  • All other terms and conditions governing the use of any of the Website in relation to the utilization of the Auction webpage shall apply herein mutatis mutandis.
  • In the event any provision of the Terms and Conditions is deemed unlawful, void or unenforceable, then the said provision will be deemed severable and distinct from the Terms and Conditions and will not affect the validity and enforceability of the remaining provisions.
  • Failure of the Organizers to exercise or enforce any right or provision of these Terms and Conditions shall not constitute any waiver on its part.
  • These terms and conditions are governed by and are to be construed in accordance with the laws of Malaysia. In the event of any dispute, you hereby consent to the exclusive jurisdiction of the Malaysian courts.
  • Enquiries will also be entertained by our Customer Service Hotline personnel at +6016 202 8314.