- Q-BALL LIMITED TERMS AND CONDITIONS
This auction will be conducted within the framework of the rules listed below
plus and other provision that may be added by the auctioneer via e-mail or as
posted on www.q-ball.ug. For the complete bidding terms and to register to bid
view online at www.q-ball.ug. This is not a gambling or lottery activity and is
strictly an auctioning site.
All registration information the Bidder provides to Auctioneer shall be current,
complete, and accurate. Bidders must be 18 years of age or older. Bidder agrees to
not use any device, software or routine to interfere or attempt to interfere with the
proper working of or any transaction being conducted on and during the auction
Access and use of any online auction site of Q-Ball Ltd. (collectively the “Site”)
is subject to any and all specific terms and conditions set forth on any
individual page within the Site and the terms and conditions of this User
Agreement (collectively “Site User Agreement”) and all applicable laws and
regulations, including but not limited to copyright and trademark laws. BY
ACCESSING THIS SITE, YOU AGREE TO ACCEPT, WITHOUT
LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND
CONDITIONS OF THE SITE USER AGREEMENT and to comply with all
applicable laws, statutes, ordinances and regulations regarding your use of
this Site. Legal action will be taken against anyone violating the terms and
conditions of the Site User Agreement or any other applicable law or
regulation. Auctioneer reserves the right to periodically change the terms and
conditions of the User Site Agreement and it is the Bidders’ responsibility to
periodically review any and all changes made to these terms and conditions
prior to each use of this Site. By using this Site, you agree in advance to accept
any such changes.
To participate in the online bid or on the Unstructured Supplementary Service
Data (USSD) you must remit a minimum of UGX. 1,000 through the mobile
money platform or by Debit card prior to the auction event.
Invoices will be emailed to successful bidders within 8 hours of the close of
The winner will be notified by sms/email after they win the bid and then they will have to remit the purchase price amount by visa or mobile money within 8 hours.
The winner will also be broadcast across all our social media pages and any other publicity the company may deem fit by either name or number.
Applicable taxes will be added to the purchase price of all taxable items.
Collection of applicable taxes will be in accordance with the laws of Ugand
Merchandise return/refunds: All items bid on and awarded to you as high
bidder are your property upon the final payment of your invoice which will
be charged to the debit card you place on file at registration or on your mobile
money account. By my registration I agree to accept all charges place on the
card that I used at registration, and that I waive any and all rights concerning
charge backs or refund for any items charged off to me.
You will be suspended or permanently banned from the Site if you provide
false information when registering, such as a false name or fraudulent contact
information. You will be permanently banned from this Site if you are the
successful Bidder and you do not honor your auction bid. Q-Ball Limited.
(hereinafter “Auctioneer”) use of e-mail addresses is strictly limited to contact
Buyers and Owner/Sellers; any use of this private information by you is strictly
Settlement for payment for purchases must be made by debit card on file or
through mobile money account unless otherwise noted in a specific auction's
terms and conditions. All sales are subject to Uganda’s Tax laws. Buyer must
acknowledge and agree not to retract the purchase offer. Buyer shall be
responsible for making arrangements for merchandise removal.
The descriptions of item/lots appearing in the auction and in advertising prior
to the auction are believed to be correct. Nevertheless, neither those
descriptions nor any oral statements made by Owner/Seller or Auctioneer
concerning any item/lot shall be construed as a warranty either express or
implied. ITEM/LOTS ARE SOLD AS IS - WHERE IS and WITH ALL FAULTS.
Bidder acknowledges that all item/lots were available for inspection prior to
the auction and, by these terms, Auctioneer and Owner/Seller strongly
encouraged Bidder to carefully inspect each item/lot in which Bidder had any
interest to determine the item/lot’s nature, quality, condition, quantity and
size. Bidder relied solely on personal inspection and not on information listed
on the Site or otherwise provided by Auctioneer or Owner/Seller. Bidder’s
failure to inspect, or otherwise be fully informed as to the nature, quality,
condition, quantity and size of any item/lot will not constitute ground for any
claim, adjustment, refund, termination of the contract for sale, or refusal to
close the sale, against Auctioneer or Owner/Seller. Condition Reports: Auction
Services Ltd, and its employees are pleased to provide you with the condition
of lots offered for auction. However, since we are not professional
conservators or restorers, we urge you to inspect each lot yourself or have your
agent do so on your behalf. Prospective buyers should satisfy themselves as to
condition and must understand that any statement made by Auction Services
Ltd., or its employees is merely a subjective qualified opinion,
NOTWITHSTANDING WRITTEN REPORTS OR ANY DISCUSSION
CONCERNING CONDITION IN THIS CATALOGUE.
The Site User Agreement constitutes the final expression of the parties’
agreement and a complete and exclusive statement of the terms of the sale. The
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES, EITHER
EXPRESSED OR IMPLIED, ARE SPECIFICALLY EXCLUDED from this sale
and transaction and shall NOT apply to the merchandise that is the subject of
these sales. Auctioneer does not have control over the item/lots that are posted
in the Site, and cannot guarantee the authenticity and quality of said product.
Auctioneer is not responsible for the actions the Owner/Sellers and Buyers
take before, during, and after the auction, typographical errors, misprints, loss
of merchandise/money, damage or failure of equipment, due to your visit to
this auction site. Use of this site is at your own risk.
Despite efforts to avoid the withdrawal of item/lots from the sale after they are
listed it may sometimes be necessary. Auctioneer and the Owner/Seller reserve
the right to do so at any time before or during the sale. The Owner/Sellers of
property sold through this Site reserve the right to reject any and all bids in
their sole discretion.
Buyer will be furnished an electronic receipt at the conclusion of the sale or
notified by SMS as the winner which will suffice as a receipt.
Merchandise becomes the full responsibility of Buyer at time of PAYMENT,
and Buyer assumes all risk of loss and damage to property until removed from
sale premises. Owner/Seller and Auctioneer agree that merchandise may
remain on the sale premises for a period of time following the sale. The date
by which all merchandise must be removed from the premises is posted on an
auction-by-auction basis, on the specific auction page. After the final removal
date, there will be a 10,000 per day, per item/lot storage fee charged to the
Buyer. If merchandise is not removed within ten days after the final removal
date, the ownership of the merchandise will revert back to the original
Owner/Seller and the Owner/Seller may dispose of or resale the item/lot at
their discretion. SHIPPING: Q-BALL LIMITED DOES NOTSHIP: Q-Ball
Ltd. will be pleased to provide a list of shippers and packers that our
worldwide base of clients has successfully used, or you can have your own
shipper handle your purchases. Please contact the shipper of your choice to
arrange for packing and pick up your items. Your items will be released as
soon as payment cleans our bank. We request that your shippers schedule pick
up times at least 24 hours in advance, this will insure no delays in pick up, and
release of your purchases. For upcountry winners Q-Ball limited may deliver
the items to the winning bidder at their discretion.
No adjustment will be made with regard to merchandise inventory after
item/lot has been removed from the premises or after the removal date posted
by Auctioneer, whether or not the property has been removed. Auctioneer
reserves the right, for any reason, in its sole discretion, to terminate, change or
suspend any aspect of the auction sale.
A Buyer or successful bidder shall undertake not to resale the item purchased
within a year of purchase.
Auctioneer reserves the right to resell any property not paid for in full within
four days of the online auction item/lot's closing date. Failure to pay for
item/lots won on this online auction will result in forfeiture of your deposit for
expenses of resale, collection and damages resulting from the resale. The
Owner/Sellers of property sold through this web site reserve the right to reject
any and all bids, if they so choose
The final highest purchaser shall be designated at the end of each auction sale.
If a dispute arises between two or more Bidders, Auctioneer reserves the right
to reopen bidding. Auctioneer’s designation of the Buyer shall be final. Bid
increments: Bidding generally opens at half the low estimate if provided and
advance in preset increments which are determine for each auction event.
Bidder accepts responsibility for and agrees to indemnify, defend and hold
harmless each Owner/Seller and Auctioneer and their employees, governing
body, officers, owners, affiliates, subsidiaries, directors, agents and
representatives from and against any and all claims, losses, damages,
liabilities, judgments, fees, costs and expenses (including reasonable
attorneys’ fees and expenses) related to, arising from or associated with
Buyer’s, his agents or representatives, use of the Site, including but not limited
to personal injuries or property damage incurred on the sale premises or
during removal and transport of any auction item/lots, and arising out of,
based upon, or resulting from any breach or violation by Bidder of this Site
User Agreement or any use by Bidder of the Site or as a result of a dispute with
Auctioneer is providing services as an independent contractor for the
Owner/Seller only and is not responsible for statements made by other parties.
This Site User Agreement constitutes a binding agreement between Bidder
and Auctioneer until terminated by Auctioneer, which Auctioneer may do at
any time, without notice, in Auctioneer’s sole discretion. If Bidder
dissatisfaction occurs with the auction sale in any way, Bidder's only recourse
is to immediately discontinue use of the auction Site. Auctioneer reserves the
right to terminate Bidder registration and use of the auction Site, and impose
limits on certain features of the auction Site or restrict Bidder’s access to, or use
of, part or the entire Site without notice or penalty
Auctioneer cannot, and will not, be held responsible for any interruption in
service, errors, and/or omissions, caused by any means and does not guarantee
continual, uninterrupted or error free service or use of the Site. Bidder
acknowledges that this auction is conducted electronically and relies on
hardware and software that may malfunction without warning. The
Auctioneer, in its sole discretion, may void any sale, temporarily suspend
bidding and re-sell any item/lots that were affected by any malfunction. The
decision of the Auctioneer is final.
Auctioneer gathers information about Bidders and Owner/Sellers for the
purposes of conducting online auctions. Auctioneer does not sell or rent this
Auctioneer uses email mailing lists and SMS to notify its customers about
online and live auctions. If you are receiving a particular mailing or text
message and wish to discontinue receiving future mailings, simply forward
the received email and SMS to Auctioneer to have your name promptly
removed from our list.
As a Bidder, placing a bid is a binding contract between you and the
Owner/Seller and the bid cannot be retracted. Once you place a bid, and if you
win, you will be obligated to buy the product at the said price you indicated
as your bid. The Owner/Sellers of property sold through this Site reserve the
right to reject any and all bids, in their sole discretion. Auction Services Ltd.
undertakes the execution of online bidding as a convenience for clients and is
not responsible for any inadvertent failure to execute bids, or for any error in
the execution of bids. IN THE EVENT OF A TIE BID, FLOOR BIDDERS
ALWAYS TAKE PRECEDENCE.
As a Bidder you are responsible for any bids placed under your bidding
number and password. The security of your Bidder information is your sole
responsibility as you, the Bidder, will be responsible for any and all bids
placed under your number. If at any time you feel that your Bidder number
and password have been compromised due to lack of security on your part
you must notify Auctioneer immediately.
Bidder agrees that when using the Maximum Bid feature on the Site, you use
it according to the specifications Auctioneer has in place for that feature. You,
as a Bidder, agree to only use this feature if you understand how the Maximum
Bid feature works.
You agree that you will not use any robot, spider, other automatic device, or
manual process to monitor or copy the Site or the content contained herein
without our prior, express written permission. You agree that you will not use
any device, software or routine to interfere or attempt to interfere with the
proper working of the Site or any activity being conducted on the Site. You
agree that you will not take any action that imposes an unreasonable or
disproportionately large load on our infrastructure. You agree that you will
not copy, reproduce, alter, modify, create derivative works, or publicly display
any content from the Site without prior, express written permission of
Auctioneer. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED
BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION
UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
No legal advice is intended or implied by anything contained within the Site.
No obligation, liability, responsibility, accountability or burden is undertaken,
assumed or otherwise imposed by maintaining the Site.
Any controversy or claim arising out of or relating to this Site User Agreement
shall be settled by binding arbitration in accordance with the Arbitration and
Conciliation Act, Cap. 4. Any such controversy or claim shall be arbitrated on
an individual basis, and shall not be consolidated in any arbitration with any
claim or controversy of any other party. The arbitration shall be conducted at
CADER, and judgment on the arbitration award may be entered into any court
having jurisdiction thereof. Auctioneer may seek any interim or preliminary
relief from a court of competent jurisdiction in Uganda necessary to protect
the rights or property of Auctioneer pending the completion of arbitration.
You and Auctioneer are independent contractors, and no agency, partnership,
joint venture, employee or franchiser-franchisee relationship is intended or
created by this Agreement
The Site User Agreement and any disputes arising out of or related to the Site
shall be governed by and construed and enforced in accordance with, the laws
of Uganda applicable to contracts entered into and to be performed entirely
within Uganda. If any provision of this Site User Agreement is held to be
invalid or unenforceable, such provision shall be struck and the remaining
provisions shall be enforced. Auctioneer’s failure to act with respect to a
breach by you or others does not waive the right to act with respect to
subsequent or similar breaches. This Site User Agreement sets forth the entire
understanding and agreement between us with respect to the subject matter